Provides relative to the retention of notes and recordings of court reporters

House Bill 179 amends R.S. 15:511 and Code of Civil Procedure Article 372(C) and (D) to clarify the custody and control of court reporter notes and recordings when a court reporter retires or leaves employment with the court. The bill maintains the existing legal framework that designates court notes and recordings as property of the court but adds explicit language providing that when a court reporter separates from employment, all notes, audio recordings, and other records of court proceedings shall remain in the custody and control of the court and be retained pursuant to applicable retention statutes and the relevant statutory provisions. The change applies to both criminal cases governed by R.S. 15:511 and civil cases governed by Code of Civil Procedure Article 372.

The practical effect of this legislation is to protect the continuity and availability of court records in the event of turnover among court reporting personnel. Court reporters in Louisiana will understand that upon their retirement or departure from the court system, all materials they have maintained in their capacity as court reporters transfer completely to the court's custody and control. Judges, court administrators, and parties to litigation will have assurance that the departure of an individual court reporter will not result in the loss, misplacement, or inaccessibility of court recordings and notes that may be critical to appeal proceedings, post-conviction relief, or subsequent civil proceedings. This clarification removes any ambiguity about whether a court reporter retains any continuing control over or claim to these materials after separation from employment.

The bill operates within Louisiana's existing statutory framework for court record retention, which distinguishes between criminal and civil proceedings. Criminal cases require indefinite retention of notes and recordings unless transcribed, in which case retention extends for at least two years after transcription, with exceptions for acquitted defendants. Civil cases require retention for at least five years after trial or two years after full transcription, whichever applies. By clarifying that courts retain both ownership and custody when reporters leave, the statute strengthens the enforceability of these retention requirements and ensures compliance with Louisiana's procedural rules governing the preservation of trial records essential to appellate review and post-conviction proceedings.