CE 902.1     

  

Art. 902.1. Self-authentication; unmanned aircraft system footage

            A.(1) Except as provided in Paragraph H of this Article, a party seeking to introduce at trial any footage that is taken by an unmanned aircraft system operated on behalf of a law enforcement agency may, not less than forty-five days prior to the commencement of trial, provide written notice of intent to offer proof of authentication by certificate.

            (2) The provisions of this Article apply to the following proceedings:

            (a) All criminal cases.

            (b) All cases in juvenile courts.

            (c) All family court proceedings involving criminal manners.

            (d) All civil forfeiture proceedings arising from criminal activity.

            (3) Notice provided pursuant to this Paragraph shall include a copy of the certificate. The certificate, at a minimum, shall contain all of the following:

            (a) The name and law enforcement agency of the person operating the unmanned aircraft system or the custodian of the recording or other qualified law enforcement employee with knowledge of the recording system.

            (b) A law enforcement agency reference number or brief description of the footage.

            (c) The date and time when the footage was recorded.

            (d) A statement that the footage is a true and accurate copy of the recording produced by the unmanned aircraft system.

            (e) A statement that the recording was collected and preserved in the course of law enforcement activities.

            B.(1) The certificate shall be signed and dated by the declarant. Law enforcement agencies may utilize electronic signatures to comply with the provisions of this Article.

            (2) If more than one person participated in the operation of the unmanned aircraft system, the certificate may identify the primary operator responsible for the recording.

            C. The attorney for the defendant or the defendant acting in his own defense, if not represented by counsel, may demand the testimony of the person who operated the unmanned aircraft system by filing a written demand and serving it upon the attorney general, the district attorney, or the attorney who represents the law enforcement agency. If a demand is timely made in accordance with this Article, the footage shall not be considered self-authenticating pursuant to this Article.

            D. Except as provided in Paragraph H of this Article, the attorney for the defendant or the defendant acting in his own defense, if not represented by counsel, shall file and serve a demand for the testimony of the person who operated the unmanned aircraft system within thirty days of the receipt of the notice provided pursuant to Paragraph A of this Article. The court may extend the period for good cause shown if such request is made prior to the expiration of the period.

            E. If no request for additional time is made prior to the expiration of the period, an extension of time to make such a demand may be made only upon a showing of exceptional circumstances. Any allegation that exceptional circumstances exist shall constitute a preliminary plea on the defendant's behalf for the purposes of Code of Criminal Procedure Article 580. The demand shall be made in writing and notice shall be served on the attorney general prosecuting the matter, the district attorney, or the attorney who represents the law enforcement agency. The court shall conduct a contradictory hearing to determine if an extension is warranted.

            F. If notice is timely filed in accordance with Paragraph A of this Article and if the defendant does not timely file a demand in accordance with Paragraph D of this Article, the footage from the unmanned aircraft system shall be admissible at trial without the necessity of testimony from the operating person and such footage shall be deemed self-authenticating.

            G. The defendant's filing of a demand does not prevent the admission of the footage in any other manner otherwise appropriate pursuant to this Code or any ancillaries of this Code.

            H.(1) A party seeking to offer proof of authentication by certificate in accordance with this Article in a noncriminal case in juvenile court shall, not less than thirty days prior to the commencement of the trial, provide written notice of intent to offer proof of authentication by certificate. Notice provided pursuant to this Paragraph shall include a copy of the certificate.

            (2) Any demand for testimony made pursuant to Paragraph D of this Article shall be made within ten days of receipt of the notice provided pursuant to Subparagraph (1) of this Paragraph.

            I. For the purposes of this Article, the following terms have the following meanings:

            (1) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

            (2) "Footage" means video recordings, still images extracted from video recordings, or any associated metadata generated by the unmanned aircraft system.

            (3) "Law enforcement agency" means the sheriff of any parish, constable, or police force as defined by law, and the Department of Public Safety and Corrections.

            (4) "Unmanned aircraft system" means an unmanned, powered aircraft that does not carry a human operator, can be autonomous or remotely piloted or operated, and can be expendable or recoverable.

            Acts 2026, No. 450, §1.