Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB111 Engrossed / Bill

                    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.