Louisiana House Bill HB744

Louisiana 2016 Regular Session

• Introduced: 3/4/16
• Refer: 3/4/16
• Refer: 3/14/16

Caption

Authorizes the attorney general to issue a civil investigative demand prior to the commencement of a civil proceeding for the production of documents relevant to an investigation

Impact

The enactment of HB 744 is anticipated to have significant implications for civil investigative practices in Louisiana. By empowering the attorney general to take preemptive action in investigations, the bill may lead to more thorough inquiries and swifter compliance from individuals and entities. Furthermore, it establishes specific parameters for what must be provided in response to a civil investigative demand, which can prevent requests deemed unreasonable while protecting privileged information. This flexibility may enhance the state's ability to tackle violations of law more efficiently, ensuring that the attorney general's office can respond promptly to emerging issues.

Summary

House Bill 744 primarily authorizes the attorney general of Louisiana to issue civil investigative demands prior to commencing civil proceedings. This law enables the attorney general to request documentation and information relevant to potential violations of state law from individuals or entities suspected of possession thereof. The bill outlines procedures for issuing these demands and investigative subpoenas for depositions, ensuring they include specifics related to the investigation's subject matter and the types of documents sought. The measures aim to enhance the attorney general's capacity to enforce state laws effectively and maintain legal compliance among businesses and individuals alike.

Sentiment

The general sentiment around HB 744 reflects a mix of support and concern. Proponents, particularly from the attorney general's office and supporting legislators, argue that this bill strengthens legal enforcement and ensures accountability. Conversely, some critics might express apprehension regarding privacy concerns and the potential for abuse of power in investigative practices. The discussion surrounding the bill indicates that while it seeks to enhance enforcement capabilities, there are also underlying fears about the overreach of government authority, particularly in how it relates to personal rights and corporate compliance.

Contention

Notable points of contention surrounding HB 744 include the balance between effective law enforcement and the potential infringement on individual or corporate rights. The bill allows for the issuance of civil investigative demands and subpoenas, but opponents of the measure may raise concerns about the thresholds for such demands and the scope of the attorney general's powers. Questions could arise regarding the adequacy of checks and balances to prevent possible misuse when enforcing compliance. Moreover, there are discussions on whether the bill appropriately safeguards the confidentiality of sensitive information, especially as it relates to exempting produced materials from public records disclosure under Louisiana law.