Provides that certain criminal history records are public records and for accessibility thereto (EG INCREASE SG EX See Note)
Impact
The impact of HB 949 on state laws primarily relates to the public's right to access criminal history records more readily. By designating such records as public, the bill seeks to streamline the process for individuals seeking information on criminal convictions. Additionally, it establishes that law enforcement agencies can only provide records stored within their electronic databases, thereby setting parameters for the types of records available to the public. This could potentially increase transparency in criminal history checks, though it raises questions regarding the privacy of those whose records are accessed.
Summary
House Bill 949, proposed by Representative Baldone, aims to enhance the accessibility of records relating to criminal convictions through the Louisiana Bureau of Criminal Identification and Information as well as other law enforcement agencies. The bill establishes that records of criminal convictions shall be considered public records and must be made accessible to any individual who requests such information. To obtain these records, individuals are required to provide specific identifying information of the subject of the record, including name and date of birth. The bill outlines that a fee of $26 will be assessed for each inquiry, irrespective of whether the record is maintained or not, to offset the costs associated with managing these records.
Sentiment
The sentiment surrounding HB 949 appears largely supportive among those advocating for transparency and accessibility in public records. Supporters argue that the bill empowers citizens to obtain relevant information regarding criminal histories, which is essential for legal, employment, and personal safety considerations. However, there is also concern regarding the implications of making such records readily available. Critics of the bill may express apprehensions about privacy violations or the potential for misuse of information obtained through these public records, thus creating a nuanced debate about the balance between transparency and individual rights.
Contention
Notable points of contention regarding HB 949 include the implications of the imposed fee structure for accessing these records, as the $26 fee might pose a financial barrier for some individuals seeking information. Additionally, the limitation on disclosures only to electronically maintained records could hinder comprehensive access to criminal histories, particularly for records that are manual or poorly digitized. Furthermore, concerns regarding legal liability are addressed in the bill, as it ensures that law enforcement agencies are not held liable for damages related to the provision of conviction information. This aspect potentially safeguards agencies but raises discussions about accountability in the dissemination of sensitive information.
Provides relative to criminal history records checks for agencies with access to federal tax information, criminal history record information, or state issued REAL ID information (EN INCREASE GF EX See Note)
Provides for access to criminal history records and identification files by the office of technology services. (8/1/22) (EN SEE FISC NOTE SG RV See Note)