Art. 326. Competent evidence; procedures for making videotape
A. A videotape of the statements of a protected person who is alleged to be the
victim of or witness to a crime may be offered in evidence for or against such crime. To
render such a videotape competent evidence, all of the following must be satisfactorily
proved:
(1) Such electronic recording was voluntarily made by the protected person.
(2) No relative of the protected person was present in the room in which the
recording was made.
(3) No attorney for either party was present when the statement was made.
(4) Such recording was not made of answers to questions calculated to lead the
protected person to make any particular statement.
(5) Such recording is both visual and oral and is recorded on film or videotape or by
other electronic means.
(6) Such recording is accurate, has not been altered, and reflects what the protected
person said.
(7) The taking of the protected person's statement was supervised by a physician, a
social worker, a law enforcement officer, a licensed psychologist, a medical psychologist,
a licensed professional counselor, a civilian investigator, or an authorized representative of
the department.
(8) Every voice on the recording is identified.
B. The department shall develop and promulgate regulations regarding training
requirements and certification for department personnel who are authorized to supervise the
taking of the protected person's statement.
C. The provisions of this Article relative to a civilian investigator's ability to render
a videotape as competent evidence shall only apply to a civilian investigator within a parish
with a population of not less than three hundred eighty-three thousand and not more than four
hundred forty thousand as provided in the most recent federal decennial census.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000;
Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2004, No. 241, §2; Acts 2009, No. 251,
§13; Acts 2024, No. 548, §2.