§ 46:2124.1 — Privileged communications and records

Louisiana § 46:2124.1

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

A. As used in this Section, the following terms shall have the following meanings:
(1) "Community shelter" means a community shelter or other program established in accordance with R.S. 46:2124.
(2) "Privileged communication" means a communication made to a representative or employee of a community shelter by a victim. It also means a communication not otherwise privileged made by a representative or employee of a community shelter to a victim in the course of rendering services authorized by R.S. 46:2124.
(3) "Victim" means a victim or potential victim of an act of family or domestic violence and his or her children.
B. Except as provided in Subsection D, no person shall be required to disclose, by way of testimony or otherwise, a privileged communication or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication:
(1) In connection with any civil or criminal case or proceeding.
(2) By way of any discovery procedure.
C. The records relating to a privileged communication kept by a community shelter or other agency or department shall not be public records. Such records may be used for the compilation of statistical data if the identity of the victim or the contents of any privileged communication are not disclosed.
D. The prosecuting attorney or any person who is a party in a civil proceeding or who has been arrested or charged with a criminal offense may petition the court for an in-camera inspection of the records of a privileged communication concerning such person. The petition shall allege facts showing that such records would provide admissible evidence favorable to the person and, in criminal proceedings, are relevant to the issue of guilt or punishment and shall be verified. If the court determines that the person is entitled to all or any part of such records, it may order production and disclosure as it deems appropriate.

Legislative History

Acts 1988, No. 204, §1; Acts 1997, No. 1156, §7.