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HB 396

EVIDENCE: Provides relative to the admissibility of autopsy photographs in criminal proceedings

2026 Regular Session Introduced by Dixon McMakin

Autopsy photographs are admissible in any criminal proceeding under new Article 416.

Effective date: 08/01/2026.
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Bill Summary · HB 396

Legislative Bill Summary – HB 396 (2026, Louisiana)

Basic Information

  • Bill: HB 396
  • Session: 2026 Regular Session
  • Jurisdiction: Louisiana
  • Committee: Administration of Criminal Justice
  • Sponsor: Rep. Dixon McMakin
  • Status: Passed House with amendments (Engrossed); action history shows amendments and committee passage

Purpose of the Bill

  • To address the admissibility of autopsy photographs in criminal proceedings by enacting a new provision to the Louisiana Code of Evidence.

What the Bill Would Do

  • New Evidence Rule: Adds Code of Evidence Article 416 titled “Autopsy photographs.”
    • Core Provision: Photographs taken during an autopsy are admissible in any criminal proceeding.

Amendments and Modifications (as adopted by the House)

  • The bill’s language was amended to remove any restriction limiting admissibility to certain types of cases and instead states that autopsy photographs are admissible in any criminal proceeding (not just first- or second-degree murder cases).
  • Includes unspecified technical changes to implement the new rule.

Key Provisions (Substantive Content)

  • Art. 416. Autopsy photographs: Establishes that photographs taken during an autopsy are admissible in any criminal proceeding.
  • The rule expands or clarifies the standard for admitting autopsy photos beyond prior limitations (as originally drafted during committee discussion, which referenced first- or second-degree murder).

Who or What Would Be Affected

  • Criminal defendants and their attorneys: Potentially more or different photographic evidence from autopsies could be introduced during trials.
  • Prosecution and defense teams: Both sides may rely on autopsy photographs as part of evidence in any criminal case, not limited to murder cases.
  • Judges and courts: Responsible for ruling on admissibility of autopsy photographs under the new Article 416.
  • Medical examiners / coroners: Continued role in producing autopsy photographs that could be admitted as evidence.

Procedural and Timeline Considerations

  • Effective Date / Enactment: The text does not specify an effective date within the summary provided; it would become law upon passage and signing as usual unless otherwise stated in the final enrolled version.
  • Implementation: Adds a new article to the Code of Evidence (Art. 416), with the practical effect of admissibility decisions guided by this provision in all criminal cases.
  • Amendment History (House):
    • Committee amendments broadened scope to “any criminal proceeding” from “criminal proceedings alleging first- or second-degree murder.”
    • Technical edits were also made to implement the provision.

Considerations for Stakeholders

  • The bill clarifies and broadens the admissibility of autopsy photographs, potentially affecting trial strategy and evidentiary considerations across all criminal cases, not solely murder cases.
  • Courts may need to consider privacy, dignity, or sensationalism concerns inherent to autopsy imagery; however, the explicit admissibility provision suggests admissibility is permissible subject to general evidentiary rules and objections as appropriate.

If you’d like, I can provide a side-by-side comparison of the original bill language versus the amended version, or outline potential evidentiary objections and standards likely to apply under Article 416.

Compiled from official sources — confirm details with the bill’s official record.

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