SLS 12RS-781 ORIGINAL
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. 569
BY SENATOR LAFLEUR
TRAFFIC. Provides for the availability of accident reports. (8/1/12)
AN ACT1
To amend and reenact R.S. 32:398(F), (G), and (K)(1)(a) and (2), relative to accident2
reports; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 32:398(F), (G), and (K)(1)(a) and (2) are hereby amended and5
reenacted to read as follows: 6
ยง398. Accident Crash reports; when and to whom made; information aid; fees for7
copies; fees for accident photographs8
* * *9
F. The state police, any local police department, or any sheriff's office shall10
allow inspection without cost or provide copies of crash reports during normal11
business hours to any interested person upon request and may charge a fee, not to12
exceed the sum of five dollars per report that does not exceed two pages, and seven13
dollars and fifty cents per report that exceeds two pages.14
G. The state police, any local police department, or any sheriff's office shall15
allow inspection without cost or provide copies of photographs of accidents or16
other photographs required of the investigating agency, video tapes, audio tapes, and17 SB NO. 569
SLS 12RS-781 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
any extraordinary-sized documents, or documents stored on electronic media, during1
normal business hours, to any interested person upon request and may charge a2
reasonable fee for such copies.3
* * *4
K.(1)(a) The reports required by this Section, and the information contained5
in the reports, shall be confidential, shall be exempt from the provisions of R.S. 44:16
et seq., and shall be made available only: to the parties to the accident, parents or7
guardians of a minor who is a party to the accident, and insurers of any party which8
is the subject of the report; to the succession representatives of those parties, or to9
the attorneys of the parties or succession representatives; or to a news-gathering10
organization that requests documents related to the accident. Upon request, accident11
crash reports shall be made available to the above-enumerated persons within seven12
three working days following the completion of the accident investigation.13
* * *14
(2) All persons and their agents are prohibited from screening accident crash15
reports if the person or his agent does not represent any of the persons involved in16
a particular accident, the report for which could reasonably be expected to be17
available, provided that members of news-gathering organizations are exempt18
from any prohibition on screening crash reports. However, this limitation shall19
not prevent any person from requesting particular reports regardless of whether the20
person represents any party in the accident. An agency may redact only social21
security numbers, driver's license numbers, names and addresses of law22
enforcement officers engaged in undercover activities, and the names of minors23
from such reports.24
* * *25
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law requires state police, any local police department, or any sheriff's office to
provide copies of crash reports to any interested person upon request for a fee not to exceed SB NO. 569
SLS 12RS-781 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
$5.00 for a two page report and $7.50 for a report in excess of two pages.
Proposed law retains present law and adds requirement to allow inspection of crash reports
without cost during normal business hours.
Present law requires state police, any local police department, or any sheriff's office to
provide copies of photographs of accidents or other photographs required of the investigating
agency, video tapes, audio tapes, and any extraordinary-sized documents, or documents
stored on electronic media for a reasonable fee to any interested person upon request.
Proposed law retains present law and adds requirement to allow inspection of photographs
of accidents or other photographs required of the investigating agency, video tapes, audio
tapes, and any extraordinary-sized documents, or documents stored on electronic media
without cost during normal business hours.
Present law provides that crash reports shall be confidential, shall be exempt from the
provisions of R.S. 44:1 et seq. (Public Records Act), and shall be made available only to the
parties to the accident, parents or guardians of a minor who is a party to the accident, and
insurers of any party which is the subject of the report, to the succession representatives of
those parties, or to the attorneys of the parties or succession representatives, or to a news-
gathering organization that requests documents related to the accident. Present law provides
that upon request, accident reports shall be made available to said persons within 7 working
days following the completion of the accident investigation.
Proposed law retains present law and renames accident reports as crash reports and reduces
the time period to provide such reports from seven to three days.
Present law prohibits all persons and their agents from screening accident reports if the
person or his agent does not represent any of the persons involved in a particular accident.
Proposed law adds exemption for news-gathering organizations from any prohibition on
screening reports and renames accident reports as crash reports.
Proposed law adds authorization for an agency to redact only social security numbers,
driver's license numbers, names and addresses of law enforcement officers engaged in
undercover activities, and the names of minors from crash reports.
Effective August 1, 2012.
(Amends R.S. 32:398(F), (G), and (K)(1)(a) and (2))