Art. 327. Admissibility

            A. A prehearing videotape which meets all the requirements of Article 326 may be admissible into evidence if all of the following occur:

            (1) The parties to the proceeding are afforded an opportunity to view the recording before it is offered into evidence.

            (2) The person conducting or supervising the interview of the protected person in the recording is present at the proceeding and available to testify or be cross-examined by either party.

            (3) The protected person is available to testify.

            B. The admission into evidence of the videotape as authorized herein shall not preclude the state from calling the protected person as a witness or taking the protected person's testimony outside the courtroom as otherwise authorized by law.

            C. Any requirement that a copy of a videotaped statement of a protected person be provided to a criminal defendant's attorney, to a court, or to any other person entitled by law to such a copy may be satisfied by providing electronic access to view the videotaped statement in a manner that is sufficient to protect the rights of the criminal defendant under the United States Constitution and the Constitution of Louisiana. This Paragraph does not permit any of the following:

            (1) The authorization of a pro se criminal defendant to electronically access a copy of a videotaped statement of a protected person.

            (2) The negation or circumvention of any requirement that a physical copy of the videotaped statement of a protected person be produced at a criminal trial where a party is introducing the videotaped statement of a protected person as evidence at the criminal trial.

            D. Nothing in this Chapter shall be construed to prohibit the right of confrontation of a defendant in a criminal proceeding before the court.

            Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2008, No. 335, §1; Acts 2026, No. 91, §2.