SLS 10RS-502 ORIGINAL
Page 1 of 2
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. 452
BY SENATOR CHEEK
COMMERCIAL REGULATIONS. Permits authorized agencies to perform criminal
background checks of job applicants on behalf of employers. (8/15/10)
AN ACT1
To amend and reenact R.S. 15:587(F), relative to the Louisiana Bureau of Criminal2
Identification and Information; to provide for release of information of job applicants3
to authorized agencies on behalf of employers; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:587(F) is hereby amended and reenacted to read as follows: 6
ยง587. Duty to provide information; processing fees; Louisiana Bureau of Criminal7
Identification and Information8
* * *9
F. (1) An employer or, his representative, or an authorized agency on10
behalf of the employer shall be entitled to obtain conviction records of an applicant11
seeking employment, directly from the Bureau of Criminal Identification and12
Information in order to further qualify the applicant for the position being sought, if13
the applicant has signed a consent form authorizing the employer to obtain such14
conviction records. Upon written or electronic request and upon presentation of a15
consent form prepared by the bureau and executed by the applicant, the bureau shall16
provide or make available to the authorized agency to provide any conviction17 SB NO. 452
SLS 10RS-502 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
records of the applicant to the employer or his representative in a timely manner.1
(2) For the purposes of this Subsection "conviction records" shall include2
only those records which are electronically maintained by the bureau, and are records3
of a finding of guilty, a plea of guilty or nolo contendere, including those which have4
been set aside or dismissed pursuant to Code of Criminal Procedure Article 893 or5
894, or for which an individual has received an automatic first offender pardon. It6
shall not include those records which have been ordered expunged pursuant to R.S.7
44:9. The provisions of Subsection B of this Section shall apply to any request made8
pursuant to this Subsection. The bureau shall not be liable civilly or criminally for9
the release of information released pursuant to the provisions of this Subsection.10
(3) For the purposes of this Subsection "authorized agency" means a11
private entity hired by the employer and authorized by the office of the state12
police to conduct criminal history checks as provided for by this Subsection.13
* * *14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Present law provides that an employer or his representative is entitled to obtain conviction
records of an applicant seeking employment, directly from the Bureau of Criminal
Identification and Information in order to further qualify the applicant for the position being
sought, if the applicant has signed a consent form authorizing the employer to obtain such
conviction records.
Proposed law retains present law, but specifies that an "authorized agency" on behalf of the
employer is also entitled to obtain such records. "Authorized agency" means a private entity
hired by the employer and authorized by the office of the state police to conduct criminal
history checks.
Present law requires the bureau to provide any conviction records of the applicant to the
employer or his representative in a timely manner upon written request and upon
presentation of a consent form prepared by the bureau and executed by the applicant.
Proposed law expands present law by allowing for electronic requests to the bureau.
Proposed law requires the bureau to make available to the authorized agency any conviction
records of the applicant in a timely manner.
Effective August 15, 2010.
(Amends R.S. 15:587(F))