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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, the bureau shall include in its report any information15
concerning arrests and convictions of an individual, including convictions in which16
a judgment of dismissal of the prosecution was granted pursuant to the provisions of17
Articles 893 and 894 of the Code of Criminal Procedure.18
(ii)(aa) When an individual's record contains information which has been19
expunged, the bureau shall include in its report to the requesting entity the date of20
the arrest and a notation that the individual's record contains information which has21 HLS 10RS-803 RE-REENGROSSED
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been expunged and that the requesting entity may contact the bureau in order to1
obtain further information regarding the expunged information.2
(bb) The bureau shall establish policies and procedures by which the entities3
enumerated in this Subparagraph may be furnished with expunged information.4
These policies and procedures shall not require the requesting entity to personally5
appear at the office of the bureau in order to obtain access to the expunged6
information.7
(cc) The requesting entity, upon receiving the expunged information, shall8
maintain the confidentiality of the information as provided by law and the expunged9
information shall not be deemed a public record.10
(dd) The information may be used or admitted as evidence in any court11
proceeding or employment or disciplinary hearing in which the receiving agency is12
an authorized participant.13
* * *14
§587.1. Provision of information to protect children15
* * *16
B.(1) Upon receiving a request pursuant to the provisions of R.S. 17:15, and17
R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of18
Subsection A of this Section, the bureau of criminal identification and information19
shall survey its criminal history records and identification files and make a20
simultaneous request of the Federal Bureau of Investigation for like information21
from other jurisdictions. The bureau of criminal identification and information shall22
provide a report promptly and in writing, but provide only such information as is23
necessary to specify whether or not that person has been arrested for or convicted of24
or pled nolo contendere to any crime or crimes, the crime or crimes of which he has25
been arrested for or convicted or to which he has pled nolo contendere, and the date26
or dates on which they occurred. The report provided pursuant to the provisions of27
this Subsection shall include arrests, convictions, or other dispositions, including28
convictions dismissed pursuant to Code of Criminal Procedure Articles 893 and 894.29 HLS 10RS-803 RE-REENGROSSED
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(2)(a) When an individual's record contains information which has been1
expunged, the bureau shall include in its report to the requesting person or entity the2
date of the arrest and a notation that the individual's record contains information3
which has been expunged and that the requestor may contact the bureau in order to4
obtain further information regarding the expunged information.5
(b) The bureau shall establish policies and procedures by which the persons6
and entities enumerated in this Section may be furnished with expunged information.7
These policies and procedures shall not require the requesting person or entity to8
personally appear at the office of the bureau in order to obtain access to the9
expunged information.10
(c) The requesting person or entity, upon receiving the expunged11
information, shall maintain the confidentiality of the information as provided by law12
and the expunged information shall not be deemed a public record.13
(d) The information may be used or admitted as evidence in any court14
proceeding or employment or disciplinary hearing in which the receiving person or15
entity is an authorized participant.16
* * *17
Section 2. R.S. 44:9(F), (G), and (I) are hereby amended and reenacted to read as18
follows:19
§9. Records of violations of municipal ordinances and of state statutes classified as20
a misdemeanor or felony21
* * *22
F. For investigative purposes only, the Department of Public Safety and23
Corrections may maintain a confidential, nonpublic record of the arrest and24
disposition. The information contained in this record may be released, upon Upon25
specific request therefor and on a confidential basis, the information contained in this26
record may be released to the following entities who shall maintain the27
confidentiality of such record: to any law enforcement agency, criminal justice28
agency, the Louisiana State Board of Medical Examiners, the Louisiana State Board29 HLS 10RS-803 RE-REENGROSSED
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of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of1
Examiners of Psychologists, the Emergency Medical Services Certification2
Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary3
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions, or any4
person or entity requesting a record of all criminal arrests and convictions pursuant5
to R.S. 15:587.1. The receiving law enforcement agency, criminal justice agency,6
the Louisiana State Board of Medical Examiners, the Louisiana State Board of7
Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of8
Examiners of Psychologists, the Emergency Medical Services Certification9
Commission, the Louisiana Attorney Disciplinary Board, Office of Disciplinary10
Counsel, or the Louisiana Supreme Court Committee on Bar Admissions shall11
maintain the confidentiality of such record.12
G. "Expungement" means removal of a record from public access but does13
not mean destruction of the record. An expunged record is confidential, but remains14
available for use by law enforcement agencies, criminal justice agencies, the15
Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,16
the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of17
Psychologists, the Emergency Medical Services Certification Commission, the18
Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the19
Louisiana Supreme Court Committee on Bar Admissions, or any person or entity20
requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1.21
* * *22
I. Except to those agencies entities listed in Subsection G of this Section, no23
person whose record of arrest and conviction has been expunged pursuant to the24
provisions of this Section shall be required to disclose that he was arrested or25
convicted for the subject offense or that the record of the arrest and conviction has26
been expunged, unless otherwise provided in this Section.27
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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.
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. HLS 10RS-803 RE-REENGROSSED
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House Floor Amendments to the reengrossed bill.
1. Reinstated proposed law which provides eligible criminal justice agencies with
access to criminal arrest and conviction records.
2. Added procedures by which criminal history information is provided to the
requesting entity to make it applicable to persons or entities requesting a record
pursuant to R.S. 15:587.1.