Louisiana Statutes § 18:1511.8 Secrecy of proceedings
Statute Text
A.
Each complaint received by the supervisory committee, each review by the committee of reports for compliance with the provisions of this Chapter, and all information forwarded to or gathered by the supervisory committee with regard to such complaints or reviews and all investigation and proceedings of the supervisory committee with regard to the same shall be kept strictly confidential until such time that action with which the supervisory committee or the district attorney has proceeded, or in the case of possible criminal violations in campaigns for district attorney any action with which the attorney general has proceeded, becomes a public record, the prescriptive period has elapsed, or the matter is otherwise finally disposed of. In no event shall such records, evidence, testimony, notes or other data become public records unless and until civil or criminal charges have been instituted in accordance with this Chapter. This prohibition, however, shall not preclude the supervisory committee from:
(a)
divulging statistical information concerning complaints, reviews, alleged violations, referrals to district attorneys, and similar matters, or
(b)
divulging that a review or investigation was made or a complaint received with regard to a person or committee, and, upon investigation, no substantial reason was found to believe that a violation of this Chapter has occurred.
B.
The attorney general or district attorney shall, prior to the use of any such accounts or records in any criminal proceeding, file a motion in a court of proper jurisdiction requesting a determination by such court of the relevancy or materiality of such accounts or records to a prosecution for violation of this Chapter. The court shall render such determination at an in camera proceeding which shall be confidential and not open to the public. If the court determines that the aforementioned accounts or records are relevant and material to the prosecution in accordance with this Chapter, then such accounts or records shall cease to be confidential in nature and may be introduced as evidence in a criminal proceeding without further restriction. The proceedings in connection with this Subsection shall be conducted in accordance with the provisions of the Louisiana Code of Criminal Procedure
1
governing motions to suppress evidence.
C.
Prior to the use of any such accounts or records in any civil proceeding, the supervisory committee shall file a motion
with the Ethics Adjudicatory Board or
in a court of proper jurisdiction requesting a determination by
[such]
the Ethics Adjudicatory Board or the
court of the relevancy or materiality of such accounts or records to an action for violation of this Chapter. The
Ethics Adjudicatory Board or
court shall render such determination at an in camera proceeding which shall be confidential and not open to the public. If the
Ethics Adjudicatory Board or
court determines that the aforementioned accounts or records are relevant and material to an action in accordance with this Chapter, then such accounts or records shall cease to be confidential in nature and may be introduced as evidence in a proceeding without further restriction.
Source
Acts 1980, No. 786, §1, eff. Jan. 1, 1981.
History
Amended by Acts 2024 , No. 137 , s. 1 , eff. 8/1/2024 .
Acts 1980, No. 786, §1, eff. 1/1/1981 .
Explore Related Documents
This section contains links to related documents with the same tags to allow you quickly access other relevant legal materials. These links include document types and counts, enabling you to explore similar content efficiently.