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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, 2014
SENATE BILL NO. 571
BY SENATOR WALSWORTH
PUBLIC DEFENDER. Requires the Louisiana Bureau of Criminal Identification and
Information to make certain records available to public defenders. (8/1/14)
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 717(C) and R.S. 15:587(A)(1)(a),2
relative to public defenders; to require the Louisiana Bureau of Criminal3
Identification and Information to release criminal history records and identification4
files to public defenders; to provide for the disclosure of inducements or records of5
arrests and convictions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Art. 717(C) is hereby amended and reenacted8
to read as follows:9
Art. 717. Disclosure by the state; criminal records of defendant and witnesses;10
inducements to the state's witnesses11
* * *12
C. The time for disclosure provided for by this Article shall be set by the13
court, provided that the district attorney shall not be required to disclose inducements14
or records of arrests and convictions until no later than thirty days prior to the15
commencement of trial. For any witness called by the state in its rebuttal case, the16
record of arrests and convictions of the rebuttal witness, and any inducement offered17 SB NO. 571
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
by the district attorney, or by any law enforcement officer on behalf of the district1
attorney, to secure testimony of the witness in the state's rebuttal case shall be2
disclosed immediately prior to the witness being sworn.3
* * *4
Section 2. R.S. 15:587(A)(1)(a) is hereby amended and reenacted to read as follows:5
ยง587. Duty to provide information; processing fees; Louisiana Bureau of Criminal6
Identification and Information7
A.(1)(a) The bureau shall make available upon request, or at such other times8
as the deputy secretary shall designate, to any eligible criminal justice agency and9
the Department of Health and Hospitals, the state fire marshal when reviewing10
applications for licensure, the Department of Children and Family Services, the11
Department of Insurance, the Louisiana State Racing Commission, the Senate and12
Governmental Affairs Committee, the executive director of the Louisiana Workforce13
Commission or his designee, the Board of River Port Pilot Commissioners, the14
Office of Financial Institutions in the office of the governor, the office of the15
disciplinary counsel of the Louisiana Attorney Disciplinary Board of the Louisiana16
State Bar Association; however, as to any licensed attorney such information shall17
be provided only after the issuance of a formal charge against the attorney, the18
Louisiana Supreme Court Committee on Bar Admissions, the municipal or parish19
department or personnel responsible for reviewing applications for alcoholic20
beverage outlet permits, investigative units of a district public defender office, and21
the legislative auditor any information contained in the criminal history record and22
identification files of the bureau. The Department of Children and Family Services23
may provide information secured pursuant to this Subsection to all federal and state24
agencies providing child support enforcement services.25
* * *26 SB NO. 571
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Dawn Romero Watson.
DIGEST
Walsworth (SB 571)
Present law requires the Louisiana Bureau of Criminal Identification and Information to
make available to certain entities any information contained in the criminal history record
and identification files of the bureau.
Proposed law retains present law and further requires the bureau to make available any
information contained in the criminal history record and identification files of the bureau to
investigative units of a district public defender office.
Present law provides that upon a written motion of the defendant, the court shall order the
district attorney (or the law enforcement agency) to disclose to the defendant, the record of
arrests and convictions of the defendant, any codefendant, and any witness the state calls or
intends to call at trial. Also, requires the disclosure to the defendant and inducements
offered by the district attorney (or law enforcement officer on behalf of the district attorney)
to any state witness.
Proposed law retains present law.
Present law provides that the disclosure shall be set by the court, but shall not be required
prior to the commencement of trial, or for any rebuttal witness, such disclosure shall be
immediately prior to the witness being sworn in.
Proposed law changes the timing of the disclosure from not prior to the commencement of
trial to no later than 30 days prior to commencement of trial. Proposed law retains present
law as to the timing of disclosure for rebuttal witnesses.
Effective August 1, 2014.
(Amends C.Cr.P. Art. 717(C) and R.S. 15:587(A)(1)(a))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds provisions regarding the timing of the disclosure to a defendant of
certain records of arrests and convictions and any inducements.