The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 384 Original 2018 Regular Session Claitor
Proposed law prohibits the publication of certain criminal record information or juvenile record
information. Proposed law provides that no person or business entity is allowed to:
(1)Publish confidential juvenile record information or confidential criminal record information
of a child.
(2)Publish any criminal history record or criminal history record information in the person's or
business entity's possession with respect to which the person or business entity has
knowledge or has received notice that either:
(a)An order of expungement has been entered.
(b) An order of nondisclosure has been issued by a court of competent jurisdiction.
(c) Charge a fee to remove, correct, or modify any criminal history record or criminal
history record information that the person or business entity has published.
(d) Continue to publish an incomplete or inaccurate criminal history record or inaccurate
criminal history record information.
Proposed law provided that a person or business entity does not violate proposed law if the person
or business entity published confidential juvenile record information or confidential criminal record
information of a child and:
(1) The child who is the subject of the records gives written consent to the publication on or after
the child reaches the age of 18 years.
(2)The publication of the information is authorized or required by any other provision of present
law.
Proposed law provides that a person or business entity must ensure that a criminal history record or
criminal history record information that the person or business entity publishes is complete and
accurate. Proposed law further provides that a criminal history record or criminal history record
information is "complete" if the information reflects the notations of arrest and the filing and
disposition of criminal charges, as applicable. Proposed law further provides that a criminal history
record or criminal history record information is "accurate" if the information reflects the most recent
information received by the entity from a law enforcement agency, criminal justice agency, or any
other governmental entity within 60 days preceding the date of publication. Proposed law provides that the person or business entity must clearly and conspicuously publish an
email address, facsimile transmission number, or mailing address in order to enable a person who
is the subject of a criminal history record or criminal history record information published by the
person or business entity to dispute the completeness or accuracy of the published information.
Proposed law provides that if a person or business entity receives a dispute regarding the
completeness or accuracy of a criminal history record or criminal history record information from
a person who is the subject of the published information, the person or business entity must, within
30 business days of receiving the notice of the dispute, verify with the appropriate law enforcement
agency, criminal justice agency, or any other governmental entity, without cost to the person, the
disputed information.
Proposed law provides that if the person or business entity finds an incomplete or inaccurate criminal
history record or inaccurate criminal history record information after conducting an investigation,
the person or business entity must promptly remove the inaccurate information from the website or
other publication or promptly correct the information, as applicable.
Proposed law provides that the person or business entity must provide written notice to the person
who disputed the completeness or accuracy of published information of the results of an
investigation not later than the 5th business day after the date on which the investigation is
completed.
Proposed law provides that if a person or business entity receives a written notice from any person
that the person or business entity is publishing information in violation of proposed law, the person
or business entity must immediately remove the information from the website or publication.
Proposed law further provides that if the person or business entity confirms that the information is
not confidential juvenile record information or confidential criminal record information of a child
and the publication of the information is not otherwise prohibited, the person or business entity may
republish the information.
Proposed law applies to the following:
(1)A person or business entity that publishes a criminal history record or criminal history record
information, including information originally obtained pursuant to a public records request
or purchased or otherwise obtained from a law enforcement agency, criminal justice agency,
or any other governmental entity.
(2)A person or business entity that publishes confidential juvenile record information or
confidential criminal record information of a child in any manner not permitted by present
law, regardless of the source of the information.
Proposed law does not apply to:
(1)Any statewide juvenile information sharing system authorized by present law. (2)A publication of general circulation or an internet website related to such a publication that
contains news or other information, including a magazine, periodical newsletter, newspaper,
pamphlet, or report.
(3)A radio or television station that holds a license issued by the Federal Communications
Commission.
(4)A telecommunications provider.
Proposed law does not authorize a person or business entity to access confidential juvenile record
information or confidential criminal record information of a child.
For purposes of proposed law:
(1) "Confidential criminal record information of a child" means information relative to a person's
involvement in the criminal justice system resulting from conduct that occurred or was
alleged to occur when the person was younger than 18 years of age and that is confidential
pursuant to present law. This term does not include:
(a) Criminal record information of a person who is to stand trial as an adult for that
conduct, as provided by present law.
(b) Information relating to a traffic offense.
(2) "Confidential juvenile record information" means information about a person's involvement
in the juvenile justice system that is confidential, sealed, under restricted access, or required
to be destroyed under any provision of law, including:
(a) A description or notation of any referral to a juvenile probation department or court
with jurisdiction over the juvenile, including any instances of being taken into
custody, any informal disposition of a custodial or referral event, or any formal
charges and the disposition of those charges.
(b) A photograph or photographs of the person taken pursuant to a custodial event or
other involvement in the juvenile justice system.
(c) Personal identifying information of the person contained in any other records of the
person's involvement in the juvenile justice system.
(3) "Criminal justice agency" means any government agency or subunit thereof, or private
agency that, through statutory authorization or a legal formal agreement with a governmental
unit or agency, has the power of investigation, arrest, detention, prosecution, adjudication,
treatment, supervision, rehabilitation or release of persons suspected, charged, or convicted
of a crime, or that collects, stores, processes, transmits, or disseminates criminal history
record or crime information. (4)"Criminal history record" or "criminal history record information" mean information
collected by criminal justice agencies on individuals consisting of identifiable descriptions
and notations of arrests, detentions, indictments, bills of information, or any formal criminal
charges, and any disposition arising therefrom, including sentencing, correctional
supervision, and release. These terms do not include intelligence or investigatory purposes,
nor does it include any identification information that does not indicate involvement of the
individual in the criminal justice system. These terms do not include records of juvenile
criminal conduct. These terms include, but are not limited to, the following:
(a)A description or notation of any arrests, any formal criminal charges, and the
dispositions of those criminal charges.
(b) A photograph or photographs of the person taken pursuant to an arrest or other
involvement in the criminal justice system.
(c) Personal identifying information of a person displayed in conjunction with any other
record of the person's involvement in the criminal justice system.
(5) "Juvenile justice system" means the system of public and private services in Louisiana that
includes prevention, early identification, early intervention, child protection, law
enforcement, prosecution, defense, adjudication, diversion and informal processing,
probation, corrections, aftercare, transitional living, and other services provided to children
and families who either are or are likely to be brought into a court with juvenile jurisdiction
because of problems such as abuse, neglect or abandonment, mental illness, substance abuse,
aspects of a divorce and breakup of families, predelinquency, social irresponsibility or
delinquent behavior, or domestic abuse involving children.
(6) "Personal identifying information" means information that alone or in conjunction with other
information identifies a person, including a person's name, address, date of birth, photograph,
and social security number or other government-issued identification number.
(7) "Publish" means to communicate or make information available to another person by any
means, including but not limited to an internet website.
Proposed law provides that whoever violates any provision of proposed law:
(1) On a first conviction is to be fined up to $1,000, or imprisoned for up to six months, or both
(misdemeanor).
(2) On a second conviction is to be fined up to $5,000, or imprisoned for up to one year, or both
(misdemeanor).
(3) On a third or subsequent conviction is to be fined up to $10,000, or imprisoned, with or
without hard labor, for between six months and one year, or both (felony). Proposed law provides that in addition to the fines and imprisonment provided by proposed law, a
person or business entity that publishes information in violation of proposed law is liable to pay
restitution to the individual who is the subject of the information in an amount not to exceed $500
for each separate violation and, in the case of a continuing violation, an amount not to exceed $500
for each day on which the violation occurs.
Effective August 1, 2018.
(Adds R.S. 14:133.7)