Provides that certain photographs, audio or video recordings, digital images regarding a crime scene or used in a criminal prosecution are not public records available for release or to be copied except by court order. (8/1/26)

SB 106 amends Louisiana's public records law by creating a new categorical exemption from disclosure for crime scene evidence materials. The bill adds a new exception to the list in R.S. 44:3(A) and enacts a new statute at R.S. 44:19.1, both establishing that crime scene photographs, video recordings including law enforcement body-worn camera footage, audio recordings, digital images, and other visual or audio media depicting crime scenes, evidence used in criminal proceedings, or injured or deceased persons are not public records subject to disclosure. These materials become confidential and may only be released if specifically ordered by a court, regardless of whether they are created, obtained, or maintained by law enforcement agencies, district attorneys' offices, prosecutorial agencies, defense attorneys, coroners, or other public bodies. The amendment also updates R.S. 44:4.1(B)(30) to incorporate the new statute by citation into the consolidated list of public records exceptions.

The practical effect of this legislation is to restrict access to sensitive investigative and evidentiary materials that were previously potentially accessible under Louisiana's broad public records disclosure requirements. Law enforcement agencies, district attorneys' offices, coroners, defense attorneys, and other public entities that possess or create crime scene documentation will now be prohibited from releasing such materials to members of the public absent a court order. This affects journalists seeking to obtain crime scene evidence for reporting purposes, members of the public seeking information about criminal investigations, and any other parties attempting to access these materials through public records requests. The bill directly impacts the transparency and accountability mechanisms historically available through Louisiana's public records system by creating a blanket confidentiality designation for an entire category of criminal investigation materials.

The bill operates within Louisiana's public records framework established in Chapter 4 of Title 44 of the Revised Statutes, which provides for broad public access to government records while carving out specific exceptions. Louisiana law has long recognized exceptions for investigative materials held by law enforcement and prosecutorial agencies under R.S. 44:3, which exempts records held by these entities from mandatory disclosure. The new provision created by SB 106 works in tandem with these existing exceptions by establishing a distinct, content-based exemption that protects visual, audio, and digital evidence materials specifically. The measure addresses a gap in existing law by ensuring that even materials that might not fit squarely within the investigative privilege exception are protected when they constitute crime scene or evidence documentation. The requirement for court authorization to release such materials creates a judicial review mechanism that prevents arbitrary withholding while protecting sensitive evidence from public dissemination absent compelling legal justification, balancing law enforcement and investigative interests against the public's presumptive right to access government-held information.