SLS 12RS-466 REENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 111 BY SENATOR JOHNS PUBLIC RECORDS. Authorizes the Louisiana Board of Pharmacy and the office of financial institutions to access expunged records under certain circumstances. (8/1/12) AN ACT1 To amend and reenact R.S. 44:9(F) and (G), relative to the Public Records Law; relative to2 records of violations of municipal ordinances and of state statutes classified as a3 misdemeanor or felony; to provide the Louisiana Board of Pharmacy and the office4 of financial institutions with access to expunged records under certain circumstances;5 and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 44:9(F) and (G) are hereby amended and reenacted to read as8 follows: 9 ยง9. Records of violations of municipal ordinances and of state statutes classified as10 a misdemeanor or felony11 * * *12 F. For investigative purposes only, the Department of Public Safety and13 Corrections may maintain a confidential, nonpublic record of the arrest and14 disposition. Upon specific request therefor and on a confidential basis, the15 information contained in this record may be released to the following entities who16 shall maintain the confidentiality of such record: any law enforcement agency,17 SB NO. 111 SLS 12RS-466 REENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. criminal justice agency, the office of financial institutions, the Louisiana State1 Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana2 State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists,3 the Louisiana Board of Pharmacy, the Louisiana State Board of Social Work4 Examiners, the Emergency Medical Services Certification Commission, Louisiana5 Attorney Disciplinary Board, Office of Disciplinary Counsel, the Louisiana Supreme6 Court Committee on Bar Admissions, or any person or entity requesting a record of7 all criminal arrests and convictions pursuant to R.S. 15:587.1. 8 G. "Expungement" means removal of a record from public access but does9 not mean destruction of the record. An expunged record is confidential, but remains10 available for use by law enforcement agencies, criminal justice agencies, the office11 of financial institutions, the Louisiana State Board of Medical Examiners, the12 Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the13 Louisiana State Board of Examiners of Psychologists, the Louisiana Board of14 Pharmacy, the Louisiana State Board of Social Work Examiners, the Emergency15 Medical Services Certification Commission, the Louisiana Attorney Disciplinary16 Board, Office of Disciplinary Counsel, the Louisiana Supreme Court Committee on17 Bar Admissions, or any person or entity requesting a record of all criminal arrests18 and convictions pursuant to R.S. 15:587.1.19 * * *20 The original instrument was prepared by Lauren Bailey. The following digest, which does not constitute a part of the legislative instrument, was prepared by Alan Miller. DIGEST Johns (SB 111) Present law provides the following list of entities to whom the Department of Public Safety and Corrections (DPS&C) may release confidential records of arrest or conviction which have been expunged: any law enforcement agency, criminal justice agency, the La. State Board of Medical Examiners, the La. State Board of Nursing, the La. State Board of Dentistry, the La. State Board of Examiners of Psychologists, the La. State Board of Social Work Examiners, the Emergency Medical Services Certification Commission, the La. Attorney Disciplinary Board, Office of Disciplinary Counsel, the La. Supreme Court Committee on Bar Admissions, or any entity requesting a record of all criminal arrests and convictions pursuant to present law (R.S. 15:587.1). SB NO. 111 SLS 12RS-466 REENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Proposed law retains present law and adds the Louisiana Board of Pharmacy and the office of financial institutions to the list of entities which have access to DPS&C's confidential records of arrest or conviction which have been expunged. Effective August 1, 2012. (Amends R.S. 44:9(F) and (G)) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1. Adds the office of financial institutions to the list of entities which have access to DPS&C's confidential records of arrest or conviction which have been expunged.