Louisiana 2012 Regular Session

Louisiana House Bill HB763

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
4/4/12  
Engrossed
4/18/12  
Refer
4/19/12  
Report Pass
4/25/12  
Enrolled
5/7/12  
Chaptered
5/11/12  

Caption

Provides relative to retention and disposal of records of a clerk of court

Impact

The proposed legislation would lead to significant changes in the Louisiana legal framework concerning records management. By empowering clerks of court to destroy records selectively, the bill aims to facilitate a better organized and more manageable judicial system. Critics of the bill may raise concerns regarding the potential loss of historical records or important case information that could be relevant for future legal matters. However, the law includes provisions that require authorization from the state archivist before destruction, providing a degree of oversight.

Summary

House Bill 763 aims to update and streamline the process for retaining and disposing of records held by clerks of court in Louisiana. This bill focuses specifically on allowing clerks to destroy certain judicial records that have been deemed of no further use or value after a specific period. The retention period varies, with some records being eligible for destruction after ten years and others after five years from the date of final dismissal. Such measures are intended to declutter court archives and improve operational efficiency within the judicial system.

Sentiment

The sentiment surrounding HB 763 is generally supportive among those who handle court processes, as it addresses practical issues related to the storage and management of records. Supporters argue that it will reduce unnecessary paper trails and enhance the efficiency of court operations. On the other hand, there are concerns from civil rights advocates regarding how record destruction might disproportionately affect cases involving vulnerable populations if pertinent records are not retained.

Contention

A significant point of contention might arise concerning which records warrant destruction and the criteria used for deeming records as 'useless.' Additionally, some stakeholders may question the balance between efficient record management and the need for accessing historical judicial data. Overall, while the bill appears to be well-supported in legislative discussions, it still raises valid concerns regarding transparency and access to judicial records.

Companion Bills

No companion bills found.

Similar Bills

LA SB149

Provides relative to the powers, duties, and functions of the Louisiana State Archives. (8/1/24)

OR HB2112

Relating to public records.

LA HB50

Provides relative to the destruction of certain court records in city court

LA HB130

Provides for the disposal of certain misdemeanor records

RI S2801

Public Records Administration

RI H7927

Public Records Administration

RI S2766

Updates public records administration act, modifies records control schedule, designates records officer, establishes procedures for retention of records. Provides administrator submit yearly reports, establishes public reporting compliance.

RI H7473

Updates public records administration act, modifies records control schedule, designates records officer, establishes procedures for retention of records. Provides administrator submit yearly reports, establishes public reporting compliance.