House Bill No. by Representative Villio proposes the enactment of Code of Evidence Article 902.1, which establishes guidelines for the self-authentication of footage captured by unmanned aircraft systems (UAS) operated by law enforcement agencies. The bill mandates that parties intending to introduce such footage at trial must provide written notice of their intent to authenticate the evidence by certificate at least 45 days before the trial begins. This requirement applies to various legal proceedings, including criminal cases, juvenile court cases, family court proceedings involving criminal matters, and civil forfeiture proceedings related to criminal activity. The notice must include a certificate containing specific information about the footage, including the operator's details, the date and time of recording, and a statement affirming the footage's authenticity.
Additionally, the bill allows defendants or their attorneys to demand the testimony of the UAS operator by filing a written demand within 30 days of receiving the notice. If a demand is made, the footage will not be considered self-authenticating. The court may grant extensions for filing demands under certain circumstances, and the bill outlines the procedures for such requests. If no demand is filed in a timely manner, the footage will be admissible at trial without the need for the operator's testimony. The bill also includes provisions for noncriminal cases in juvenile court, requiring shorter notice and demand periods. Definitions for key terms such as "electronic signature," "footage," "law enforcement agency," and "unmanned aircraft system" are also provided.