HLS 12RS-1248 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 845
BY REPRESENTATIVE LEGER
CRIMINAL/PROCEDURE: Provides with respect to pretrial service programs
AN ACT1
To amend and reenact Code of Criminal Procedure Article 335 and R.S. 44:3(A) and to2
enact Title XXXIV of the Code of Criminal Procedure, to be comprised of Code of3
Criminal Procedure Article 961, relative to criminal procedure; to provide for pretrial4
services programs; to provide that pretrial services programs can be used by the court5
as a condition of release; to provide that information obtained about a defendant6
from a pretrial services program shall be deemed confidential and not subject to7
disclosure; to provide restrictions on the admissibility of pretrial services program8
information; to provide an exception to the public records law for pretrial service9
records; to provide for exceptions; to provide for definitions; to provide that pretrial10
services information or employees of pretrial services programs are not subject to11
subpoena; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. Code of Criminal Procedure Article 335 is hereby amended and reenacted14
and Title XXXIV of the Code of Criminal Procedure, comprised of Code of Criminal15
Procedure Article 961, is hereby enacted to read as follows: 16
Art. 335. Other conditions related to the appearance of defendant 17
The court may impose any additional condition of release that is reasonably18
related to assuring the appearance of the defendant before the court including being19
placed under the supervision of a pretrial services program. Violation of such20 HLS 12RS-1248 ORIGINAL
HB NO. 845
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condition by the defendant shall be considered as a constructive contempt of court,1
and shall be grounds for revocation of bail, but does not give rise to a forfeiture.2
* * *3
TITLE XXXIV. PRETRIAL SERVICE PROGRAMS4
Art 961. Pretrial services; confidential information, inadmissibility5
A.(1) Information supplied by a defendant during the pretrial services6
process including but not limited to information given to a representative of the7
pretrial services agency during the defendant's interview or subsequent contacts and8
information obtained by the pretrial services program regarding the defendant shall9
be deemed confidential. The written pretrial services report shall be given only to10
the court, the attorney for the accused, and the attorney for the state and shall not be11
made part of the court record. Except as otherwise provided in Paragraph (3) of this12
Subsection, pretrial services information including information in the report shall be13
used only for judicial proceedings concerning release or detention, setting conditions14
of release, or reviewing compliance with conditions of release in connection with15
possible modification or sentencing.16
(2) Pretrial services information shall not be admissible on the issue of guilt17
in a criminal proceeding unless such proceeding is a prosecution for perjury. Pretrial18
services information may be used for purposes of impeachment.19
(3) The pretrial services function is an investigative function pertaining to20
pending or anticipated criminal litigation and, as such, pretrial services records and21
information are protected from disclosure under R.S. 44:3(A)(1).22
B. Pretrial services information and pretrial office employees shall not be23
subject to subpoena or disclosure without the written consent of the defendant with24
the advice of counsel except in any of the following circumstances:25
(1) To law enforcement officials upon request if the defendant fails to appear26
in court when required or commits a crime while on pretrial release.27
(2) To law enforcement officials or other entity ordered by the court to28
provide pretrial supervision or services.29 HLS 12RS-1248 ORIGINAL
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(3) To any entity contracting with the pretrial services office for purposes of1
contacting the defendant regarding court appearances.2
(4) To any person or entity conducting an evaluation of the pretrial services3
program or other related research project pursuant to a written research agreement.4
B.(1) "Pretrial services information" includes any information whether5
recorded or not, that is obtained or developed by a pretrial services employee in the6
course of performing a pretrial services investigation, preparing the pretrial services7
report, performing any post-release or post-detention investigation, contacting the8
defendant regarding court appearances, or providing any pretrial supervision of a9
defendant. The term does not include any information appearing in the public10
records of the court.11
(2) "Pretrial services office" is an office or organization which provides12
pretrial services as defined in this Article.13
C. Any disclosure of pretrial services information permitted under the14
provision of this Article shall be limited to the minimum information necessary to15
carry out the purpose of the disclosure. The recipient of any pretrial services16
information shall utilize procedures to protect the security and confidentiality of all17
personally identifiable information.18
Section 2. R.S. 44:3(A) is hereby amended and reenacted to read as follows:19
ยง3. Records of prosecutive, investigative, and law enforcement agencies, and20
communications districts21
A. Nothing in this Chapter shall be construed to require disclosures of22
records, or the information contained therein, held by the offices of the attorney23
general, district attorneys, sheriffs, police departments, Department of Public Safety24
and Corrections, marshals, investigators, public health investigators, correctional25
agencies, communications districts, intelligence agencies, pretrial service programs,26
or publicly owned water districts of the state, which records are:27
* * *28 HLS 12RS-1248 ORIGINAL
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are additions.
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)]
Leger HB No. 845
Abstract: Provides that pretrial service program information is confidential and not subject
to disclosure.
Present law provides that a court may impose any additional condition of release that is
reasonably related to assuring the appearance of the defendant before the court.
Proposed law retains present law and adds being placed under the supervision of a pretrial
services program as a condition of release.
Proposed law provides that information supplied by a defendant during the pretrial services
process including but not limited to information given to a representative of the pretrial
services agency during the defendant's interview or subsequent contacts and information
obtained by the pretrial services program regarding the defendant shall be deemed
confidential.
Proposed law provides that pretrial services information and pretrial office employees shall
not be subject to subpoena or disclosure without the written consent of the defendant with
the advice of counsel except in any of the following circumstances:
(1)To law enforcement officials, upon request, if the defendant fails to appear in court
when required or commits a crime while on pretrial release.
(2)To law enforcement officials or other entity ordered by the court, to provide pretrial
supervision or services.
(3)To any entity contracting with the pretrial services office for purposes of contacting
the defendant regarding court appearances.
(4)To any person or entity conducting an evaluation of the pretrial services program or
other related research project pursuant to a written research agreement.
Present law provides that certain records held by the following offices or agencies are not
subject to disclosure: the attorney general, district attorneys, sheriffs, police departments,
Department of Public Safety and Corrections, marshals, investigators, public health
investigators, correctional agencies, communications districts, intelligence agencies, or
publicly-owned water districts of the state.
Proposed law retains present law and adds pretrial service programs to the list of agencies
or offices holding confidential records.
(Amends C.Cr.P. Art. 335 and R.S. 44:3(A); Adds C.Cr.P. Art. 961)