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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 208
BY SENATOR MOUNT
COURTS. Authorizes the City Court of Lake Charles to destroy specified records of no
value with consent of court. (8/15/10)
AN ACT1
To amend and reenact R.S. 13:1904(C) and (D), relative to city courts; to provide relative2
to destruction of records; to provide for the destruction of certain records in the city3
court of Lake Charles; to authorize the clerk of court to destroy certain civil and4
criminal records; to provide for time limitations in the destruction of records; to5
provide for requirements prior to destruction; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:1904(C) and (D) are hereby amended and reenacted to read as8
follows:9
ยง1904. City courts; destruction of useless records; City Court of Houma certain10
courts11
* * *12
C. Notwithstanding the provisions of Subsection A to the contrary, the clerk13
of the City Court of Houma and, the clerk of the City Court of Ruston, and the clerk14
of the City Court of Lake Charles may, upon consent of the judge or of the15
majority of judges, if there is more than one city judge, destroy records of judicial16
proceedings involving suits for eviction of tenants and occupants when such records17 SB NO. 208
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
have been deemed by the presiding judge or judges to have no further use or value.1
However, such proposed destruction shall only be authorized where two years have2
elapsed from the last date of action on the record or records when the suit is not3
appealed or two years have elapsed after all appeals are exhausted.4
D. The clerk of the City Court of Houma and, the clerk of the City Court of5
Ruston, and the clerk of the City Court of Lake Charles may, upon consent of the6
judge or of the majority of judges, if there is more than one city judge, destroy7
records of criminal proceedings involving misdemeanor convictions when such8
records have been deemed by the presiding judge or judges to have no further use or9
value. However, such proposed destruction shall only be authorized where ten years10
have elapsed from the date of the judgment of conviction when the conviction is not11
appealed or two years have elapsed after all appeals are exhausted. The provisions12
of this Subsection shall not apply to a conviction for operating a vehicle while13
intoxicated.14
* * *15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Present law generally authorizes the clerk of a city court to destroy records concerning suits
on open account, tort suits, suits on unsecured notes, suits on promissory notes, suits on
chattel mortgages, and suits for eviction of tenants and occupants upon consent of the judge
or majority of the judges when the records are deemed to have no further use or value.
Present law generally authorizes the destruction where 10 years have elapsed from the last
date of action on the record.
Present law specifically authorizes the clerk of the City Court of Houma and the clerk of the
City Court of Ruston to destroy records concerning suits for eviction of tenants and
occupants upon consent of the judge or majority of the judges when the records are deemed
to have no further use or value. Authorizes the destruction where two years have elapsed
from the last date of action on the record or records when the suit is not appealed or two
years have elapsed after all appeals are exhausted.
Proposed law retains present law regarding the provisions for the City Courts of Houma and
Ruston and also includes that the provisions additionally apply to the City Court of Lake
Charles.
Present law authorizes the clerk of the City Court of Houma and the clerk of the City Court
of Ruston to destroy criminal records concerning misdemeanor convictions upon consent of
the judge or majority of the judges when the records are deemed to have no further use or SB NO. 208
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
value. Authorizes the destruction where 10 years have elapsed from the date of the judgment
of conviction when the conviction is not appealed or two years have elapsed after all appeals
are exhausted. Does not apply to a conviction for operating a vehicle while intoxicated.
Proposed law retains present law regarding the provisions for the City Courts of Houma and
Ruston and also includes that the provisions additionally apply to the City Court of Lake
Charles.
Proposed law retains present law requiring the clerk of court to scan the criminal records
onto an optical disc for storage prior to destruction.
Effective August 15, 2010.
(Amends R.S. 13:1904(C) and (D))