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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. 95
BY SENATOR MORRELL
PROBATION/PAROLE. Authorizes the division of probation and parole to access certain
information maintained by pawnbrokers. (8/1/12)
AN ACT1
To amend and reenact R.S. 37:1782(5)(a), 1797(B), and 1798(A)(1) and to enact R.S.2
37:1798(A)(3), relative to information furnished to police or sheriff; requires a3
pawnbroker to provide certain information obtained to the Department of Public4
Safety and Corrections, division of probation and parole; to provide relative to the5
means for providing transactional information; to provide with respect to time delays6
for delivery of certain information; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 37:1782(5)(a), 1797(B), and 1798(A)(1) are hereby amended and9
reenacted and R.S. 37:1798(A)(3) is hereby enacted to read as follows:10
§1782. Definitions11
As used in this Part:12
* * *13
(5) "Law enforcement officer" means:14
(a) The law enforcement officers of the office of state police and the15
probation and parole officers of the division of probation and parole of the16
Department of Public Safety and Corrections.17 SB NO. 95
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
§1797. Records open to inspection2
* * *3
B. The records maintained pursuant to R.S. 37:1796 shall at all times be open4
to the inspection of the appropriate law enforcement officer as defined in R.S.5
37:1782(5).6
§1798. Information furnished to police or sheriff, sheriff, or Department of Public7
Safety and Corrections8
A. (1) Every pawnbroker shall provide all transactional information obtained9
pursuant to R.S. 37:1796 to the chief of police of the city or town in which he is doing10
business or to the sheriff of the parish in which he is doing business, on a daily basis11
by the end of the next business day or on such less frequent basis as is required by the12
chief of police or sheriff. The means for providing the transactional information13
required under this Section shall be selected by the chief of police or sheriff and shall14
be one of the following:15
(a) By electronic transmission if the pawnbroker has the means available to16
make transmissions in electronic form via a system which makes solely17
transactional information available for transmission and for examination by the18
chief of police of the city or town in which he is doing business, or by the sheriff19
of the parish in which he is doing business, or, when acting pursuant to20
Paragraph (3) of this Subsection, by the Department of Public Safety and21
Corrections, division of probation and parole.22
* * *23
(3) If a pawnshop is requested by the Department of Public Safety and24
Corrections, division of probation and parole to provide transactional25
information for the purpose of an investigation of a specific crime relating to a26
particular pawn transaction, then such transactional information shall be27
tendered. The means for tendering the transactional information shall be28
selected by the department and the selection shall be limited to the means29 SB NO. 95
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specified in Paragraph (1) of this Subsection.1
* * *2
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative instrument,
was prepared by Dawn Romero Watson.
DIGEST
Morrell (SB 95)
Present law defines, for purposes of the law regarding pawnbrokers, "law enforcement
officer" as law enforcement officers of the office of state police of the Department of Public
Safety and Corrections.
Proposed law adds DPS&C's probation and parole officers to present law definition.
Present law requires that certain records maintained by pawnbrokers be at all times open to
inspection of law enforcement officers.
Proposed law clarifies that it is "law enforcement officers" as that term is defined in the
pawnbroker statutes.
Present law requires every pawnbroker to provide all transactional information obtained
pursuant to present law to the chief of police of the city or town in which he is doing business
or to the sheriff of the parish in which he is doing business, on a daily basis by the end of the
next business day or on such less frequent basis as is required by the chief of police or sheriff.
Proposed law retains present law and allows access upon request by the Department of Public
Safety and Corrections, division of probation and parole to transactional information for the
purpose of an investigation of a specific crime relating to a particular pawn transaction.
Present law provides that means for providing the transactional information required pursuant
to present law shall be selected by the chief of police or sheriff and shall be one of the
following:
(a) By electronic transmission if the pawnbroker has the means available to make
transmissions in electronic form.
(b) By placing in the United States mail.
(c) By sending a facsimile.
Proposed law retains present law, but qualifies electronic means of transmission of
transactional data to provide that it shall be via a system which makes solely transactional
information available for transmission and examination.
Effective August 1, 2012.
(Amends R.S. 37:1782(5)(a), 1797(B), and1798(A)(1); adds R.S. 37:1798(A)(3)) SB NO. 95
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Adds "law enforcement officer" definition.
2. Adds qualifications to electronic means of tendering transactional
information.