HLS 16RS-364 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 135
BY REPRESENTATIVES TERRY LANDRY AND SMITH
WEAPONS/FIREARMS: Provides for the reporting of information concerning persons
prohibited from possessing firearms
1 AN ACT
2To enact R.S. 46:56.1, relative to records of persons prohibited from possessing firearms;
3 to provide relative to determinations which would prohibit persons from possessing,
4 shipping, transporting, or receiving firearms pursuant to state and federal law; to
5 require the submission of certain records to the Louisiana Supreme Court; to provide
6 that the release of such information does not violate patient confidentiality; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 46:56.1 is hereby enacted to read as follows:
10 ยง56.1. Reporting of certain case records; confidentiality waiver
11 A.(1) Notwithstanding any other provision of law to the contrary, the
12 Department of Health and Hospitals or the office of elderly affairs, for the purpose
13 of adult protective services, shall report upon request to the Louisiana Supreme
14 Court for reporting to the National Instant Criminal Background Check System
15 database the name and any other identifying information contained in case records
16 of any adult that may be prohibited from possessing a firearm pursuant to the laws
17 of this state or 18 U.S.C. 922(d)(4) and (g)(4).
18 (2)(a) The department shall provide the Louisiana Supreme Court with the
19 name of the court which issued the commitment order and the docket number of the
20 proceeding if that information is in the possession of the department.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-364 ENGROSSED
HB NO. 135
1 (b) In addition, the department shall provide the following available
2 information regarding the client:
3 (i) Name.
4 (ii) Date of birth.
5 (iii) Alias names, if any.
6 (iv) Social security number.
7 (v) Sex.
8 (vi) Race.
9 B. The department shall provide all documents in its possession as
10 authorized by the provisions of this Section upon request of the court and within a
11 reasonable time period regardless of when the court proceedings occurred.
12 C. The providing of the information as required by the provisions of this
13 Section shall not be construed to violate the confidentiality provisions of R.S. 46:56
14 or any other law regarding client confidentiality.
15 D. For the purposes of this Section, "department" means the Department of
16 Health and Hospitals and the office of elderly affairs, for the purposes of adult
17 protection services as provided in R.S. 15:1503(4).
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 135 Engrossed 2016 Regular Session Terry Landry
Abstract: Requires certain state agencies to report all information in its case files on
persons who may be prohibited from possessing a firearm.
Proposed law requires the Dept. of Health and Hospitals and the office of elderly affairs to
report to the La. Supreme Court any information in its possession on any adult which may
be prohibited from possessing a firearm. That information shall be provided upon request
of the court and in a reasonable time period.
Provides that proposed law does not violate any present law provisions regarding client
confidentiality.
(Adds R.S. 46:56.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-364 ENGROSSED
HB NO. 135
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Removes the Dept. of Children and Family Services from proposed law
requirements.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.