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Regular Session, 2010
HOUSE BILL NO. 180
BY REPRESENTATIVES ROY AND POPE
CRIMINAL/RECORDS: Amends provisions regarding criminal background checks
AN ACT1
To amend and reenact R.S. 15:587.1(B) and R.S. 44:9(F), (G), and (I) and to enact R.S.2
15:587(A)(1)(f), relative to criminal records; to amend provisions regarding criminal3
background checks; to provide entities with access to criminal history information;4
to provide for the type of information available to those entities; to provide for5
confidentiality; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:587.1(B) is hereby amended and reenacted and R.S.8
15:587(A)(1)(f) is hereby enacted to read as follows:9
§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal10
Identification and Information11
A.(1)12
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(f) If the request for information and records is made to the bureau by14
eligible criminal justice agencies, the office of the attorney general, or any district15
attorney's office, the bureau shall include in its report any information concerning16
arrests and convictions of an individual, including convictions in which a judgment17
of dismissal of the prosecution was granted pursuant to the provisions of Articles 89318
and 894 of the Louisiana Code of Criminal Procedure, and such information shall be19 HLS 10RS-803 ORIGINAL
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included regardless of the entry of a judgment of expungement pursuant to R.S. 44:91
or any other provision which provides for expungement.2
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§587.1. Provision of information to protect children4
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B. Upon receiving a request pursuant to the provisions of R.S. 17:15, and6
R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of7
Subsection A of this Section, the bureau of criminal identification and information8
shall survey its criminal history records and identification files and make a9
simultaneous request of the Federal Bureau of Investigation for like information10
from other jurisdictions. The bureau of criminal identification and information shall11
provide a report promptly and in writing, but provide only such information as is12
necessary to specify whether or not that person has been arrested for or convicted of13
or pled nolo contendere to any crime or crimes, the crime or crimes of which he has14
been arrested for or convicted or to which he has pled nolo contendere, and the date15
or dates on which they occurred. The report provided pursuant to the provisions of16
this Subsection shall include arrests, convictions, or other dispositions, including17
convictions dismissed pursuant to Code of Criminal Procedure Articles 893 and 894,18
notwithstanding the entry of any judgment of expungement pursuant to R.S. 44:9 or19
any other provision which provides for expungement.20
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Section 2. R.S. 44:9(F), (G), and (I) are hereby amended and reenacted to read as22
follows:23
§9. Records of violations of municipal ordinances and of state statutes classified as24
a misdemeanor or felony25
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F. For investigative purposes only, the Department of Public Safety and27
Corrections may maintain a confidential, nonpublic record of the arrest and28
disposition. The information contained in this record may be released, upon Upon29 HLS 10RS-803 ORIGINAL
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specific request therefor and on a confidential basis, the information contained in this1
record may be released to the following entities who shall maintain the2
confidentiality of such record: to any law enforcement agency, criminal justice3
agency, the office of the attorney general, any district attorney's office, the Louisiana4
State Board of Medical Examiners, the Louisiana State Board of Nursing, the5
Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of6
Psychologists, the Emergency Medical Services Certification Commission,7
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the8
Louisiana Supreme Court Committee on Bar Admissions, or any person or entity9
requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.10
The receiving law enforcement agency, criminal justice agency, the Louisiana State11
Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana12
State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists,13
the Emergency Medical Services Certification Commission, the Louisiana Attorney14
Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court15
Committee on Bar Admissions shall maintain the confidentiality of such record.16
G. "Expungement" means removal of a record from public access but does17
not mean destruction of the record. An expunged record is confidential, but remains18
available for use by law enforcement agencies, criminal justice agencies, the office19
of the attorney general, any district attorney's office, the Louisiana State Board of20
Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board21
of Dentistry, the Louisiana State Board of Examiners of Psychologists, the22
Emergency Medical Services Certification Commission, the Louisiana Attorney23
Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court24
Committee on Bar Admissions, or any person or entity requesting a record of all25
criminal arrests and convictions pursuant to R.S. 15:587.1.26
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I. Except to those agencies entities listed in Subsection G of this Section, no28
person whose record of arrest and conviction has been expunged pursuant to the29 HLS 10RS-803 ORIGINAL
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provisions of this Section shall be required to disclose that he was arrested or1
convicted for the subject offense or that the record of the arrest and conviction has2
been expunged, unless otherwise provided in this Section.3
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Roy HB No. 180
Abstract: Provides access to information regarding arrests, convictions, and dispositions,
including Arts. 893 and 894 dismissals to certain entities.
Present law requires the Bureau of Criminal Identification and Information to provide
criminal history information to certain entities.
Present law provides for the release of confidential, nonpublic information for investigative
purposes to the following: law enforcement agencies, criminal justice agencies, the La. State
Board of Medical Examiners, the La. State Board of Nursing, the La. State Board of
Dentistry, the La. State Board of Examiners of Psychologists, the Emergency Medical
Services Certification Commission, the La. Attorney Disciplinary Board, Office of
Disciplinary Counsel, and the La. Supreme Court Committee on Bar Admissions. Further
requires these entities to keep the information confidential.
Proposed law retains present law and adds the following to the list of entities who have
access to such information:
(1)The office of the attorney general.
(2)Any district attorney's office.
(3)Any person requesting a record of all criminal arrests and convictions pursuant to
R.S. 15:587.1.
Present law requires criminal background checks to be conducted on persons applying for
a position of supervisory or disciplinary authority over children.
Proposed law provides such criminal history provided pursuant to present law shall include
information regarding arrests, convictions, and other dispositions including dismissals
pursuant to C.Cr.P. Arts. 893 and 894, regardless of whether an expungement is ordered in
such case.
Further requires these entities to maintain confidentiality of the criminal history information.
(Amends R.S. 15:587.1(B) and R.S. 44:9(F), (G), and (I); Adds R.S. 15:587(A)(1)(f))