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Regular Session, 2010
HOUSE BILL NO. 180
BY REPRESENTATIVES ROY, POPE, AND JANE SMITH
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
* * *13
(f)(i) If the request for information and records is made to the bureau by any14
eligible criminal justice agency or any person or entity requesting criminal records15
information pursuant to R.S. 15:587.1, the bureau shall include in its report to the16
requesting entity the date of any arrest, and if the individual's record contains17
information that has been expunged then the report shall also contain a notation to18
that effect and that the bureau may be contacted by the requesting entity in order to19
obtain further information regarding the expunged material.20
(ii) The bureau shall establish policies and procedures by which the agencies21
enumerated in this Paragraph may be furnished with the expunged information. The22 HLS 10RS-803 REENGROSSED
HB NO. 180
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established policies and procedures shall not require the requesting entity to1
personally appear at the office of the bureau in order to obtain access to the2
expunged information.3
(iii) The requesting entity, upon receiving the expunged information, shall4
maintain the confidentiality of the information as provided by law and the expunged5
information shall not be deemed a public record.6
(iv) The information may be used or admitted as evidence in any court7
proceeding or employment or disciplinary hearing in which the receiving agency is8
an authorized participant.9
* * *10
§587.1. Provision of information to protect children11
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B. Upon receiving a request pursuant to the provisions of R.S. 17:15, and13
R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of14
Subsection A of this Section, the bureau of criminal identification and information15
shall survey its criminal history records and identification files and make a16
simultaneous request of the Federal Bureau of Investigation for like information17
from other jurisdictions. The bureau of criminal identification and information shall18
provide a report promptly and in writing, but provide only such information as is19
necessary to specify whether or not that person has been arrested for or convicted of20
or pled nolo contendere to any crime or crimes, the crime or crimes of which he has21
been arrested for or convicted or to which he has pled nolo contendere, and the date22
or dates on which they occurred. The report provided pursuant to the provisions of23
this Subsection shall include arrests, convictions, or other dispositions, including24
convictions dismissed pursuant to Code of Criminal Procedure Articles 893 and 894,25
notwithstanding the entry of any judgment of expungement pursuant to R.S. 44:9 or26
any other provision which provides for expungement.27
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Section 2. R.S. 44:9(F), (G), and (I) are hereby amended and reenacted to read as1
follows:2
§9. Records of violations of municipal ordinances and of state statutes classified as3
a misdemeanor or felony4
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F. For investigative purposes only, the Department of Public Safety and6
Corrections may maintain a confidential, nonpublic record of the arrest and7
disposition. The information contained in this record may be released, upon Upon8
specific request therefor and on a confidential basis, the information contained in this9
record may be released to the following entities who shall maintain the10
confidentiality of such record: to any law enforcement agency, criminal justice11
agency, the Louisiana State Board of Medical Examiners, the Louisiana State Board12
of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of13
Examiners of Psychologists, the Emergency Medical Services Certification14
Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary15
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions, or any16
person or entity requesting a record of all criminal arrests and convictions pursuant17
to R.S. 15:587.1. The receiving law enforcement agency, criminal justice agency,18
the Louisiana State Board of Medical Examiners, the Louisiana State Board of19
Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of20
Examiners of Psychologists, the Emergency Medical Services Certification21
Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary22
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions shall23
maintain the confidentiality of such record.24
G. "Expungement" means removal of a record from public access but does25
not mean destruction of the record. An expunged record is confidential, but remains26
available for use by law enforcement agencies, criminal justice agencies, the27
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,28
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of29 HLS 10RS-803 REENGROSSED
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Psychologists, the Emergency Medical Services Certification Commission, the1
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the2
Louisiana Supreme Court Committee on Bar Admissions, or any person or entity3
requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.4
* * *5
I. Except to those agencies entities listed in Subsection G of this Section, no6
person whose record of arrest and conviction has been expunged pursuant to the7
provisions of this Section shall be required to disclose that he was arrested or8
convicted for the subject offense or that the record of the arrest and conviction has9
been expunged, unless otherwise provided in this Section.10
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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 criminal history information to certain entities and agencies
and provides for procedures by which that information is provided to the requesting
entity.
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 any person or entity requesting a record of all
criminal arrests and convictions pursuant to R.S. 15:587.1 to the list of entities who have
access to such information.
Present law (R.S. 15:587.1) requires criminal background checks to be conducted on persons
applying for a position of supervisory or disciplinary authority over children.
Proposed law requires the bureau to establish policies and procedures by which expunged
information may be accessed by the following entities: any eligible criminal justice agency
or any person or entity requesting criminal records information pursuant to R.S. 15:587.1. HLS 10RS-803 REENGROSSED
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Proposed law further requires these entities to maintain confidentiality of the criminal
history information, and allows them to use the information or admit the information into
evidence in any court proceeding or employment or disciplinary proceeding in which the
entity is an authorized participant.
(Amends R.S. 15:587.1(B) and R.S. 44:9(F), (G), and (I); Adds R.S. 15:587(A)(1)(f))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended the procedures by which criminal history information is provided to
the requesting entity.
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill.
1. Made technical changes.