Louisiana 2018 2018 Regular Session

Louisiana House Bill HB781 Engrossed / Bill

                    HLS 18RS-1765	ENGROSSED
2018 Regular Session
HOUSE BILL NO. 781
BY REPRESENTATIVE STAGNI
CRIMINAL/RECORDS:  Authorizes the La. State Board of Chiropractic Examiners to
access expunged criminal history records
1	AN ACT
2To amend and reenact Code of Criminal Procedure Article 973(B), relative to expunged
3 criminal records; to authorize certain entities to request and receive expunged
4 criminal records; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  Code of Criminal Procedure Article 973(B) is hereby amended and
7reenacted to read as follows: 
8 Art. 973.  Effect of expunged record of arrest or conviction
9	*          *          *
10	B.  Upon written request therefor and on a confidential basis, the information
11 contained in an expunged record may be released to the following entities that shall
12 maintain the confidentiality of such record:  the Office of Financial Institutions, the
13 Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing,
14 the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of
15 Psychologists, the Louisiana Board of Pharmacy, the Louisiana State Board of Social
16 Work Examiners, the Emergency Medical Services Certification Commission,
17 Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the
18 Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department
19 of Insurance, the Louisiana Licensed Professional Counselors Board of Examiners,
20 the Louisiana State Board of Chiropractic Examiners, or any person or entity
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-1765	ENGROSSED
HB NO. 781
1 requesting a record of all criminal arrests and convictions pursuant to R.S. 15:587.1,
2 or as otherwise provided by law.
3	*          *          *
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 781 Engrossed 2018 Regular Session	Stagni
Abstract:  Authorizes the Louisiana State Board of Chiropractic Examiners to request and
receive expunged records.
Present law provides that an expunged record of arrest or conviction shall be confidential
and no longer considered to be a public record and shall not be made available to any person
or other entity.
Present law provides exceptions to present law for the release of such records under certain
circumstances to a member of a law enforcement, criminal justice agency, prosecutor, judge,
or the person whose record has been expunged, or pursuant to an order of a court of
competent jurisdiction and after a contradictory hearing for good cause shown.
Proposed law retains present law.
Present law also provides that upon written request and on a confidential basis, the
information contained in an expunged record may be released to the following entities:  the
Office of Financial Institutions, the Louisiana State Board of Medical Examiners, the
Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana
State Board of Examiners of Psychologists, the Louisiana Board of Pharmacy, the Louisiana
State Board of Social Work Examiners, the Emergency Medical Services Certification
Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, the
Louisiana Supreme Court Committee on Bar Admissions, the Louisiana Department of
Insurance, the Louisiana Licensed Professional Counselors Board of Examiners, or any
person or entity requesting a record of all criminal arrests and convictions pursuant to
present law provisions involving the protection of children, or as otherwise provided by law.
Proposed law retains present law and also adds the Louisiana State Board of Chiropractic
Examiners to the list of entities authorized to request and receive an expunged record.
(Amends C.Cr.P. Art. 973(B))
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.