Louisiana 2019 2019 Regular Session

Louisiana House Bill HB9 Comm Sub / Analysis

                    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 9 Engrossed	2019 Regular Session	Marino
Abstract:  Provides relative to expungement fees when two or more offenses arise out of the same
arrest.
Present law provides for the expungement of certain arrest and conviction records under certain
circumstances.  
Present law provides for the definition of "records" which includes any incident reports, photographs,
fingerprints, disposition, or any other such information of any kind in relation to a single arrest event
in the possession of the clerk of court, any criminal justice agency, and local and state law
enforcement agencies, but does not include DNA records.
Proposed law amends the present law definition to include records of an arrest based on a warrant
or attachment for failure to appear in court for the same offense or offenses for which the person is
seeking an expungement.
Present law provides that the total cost to obtain an expungement of a record shall not exceed $550. 
Proposed law provides that if an application for an expungement of a record has two or more
offenses arising out of the same arrest, including misdemeanors, felonies, or both, then the applicant
is required to only pay one fee as provided for by present law.
(Amends C.Cr.P. Art. 972(4) and 983(H); Adds C.Cr.P. Art. 983(I))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Amend the present law definition of "records" to include records of an arrest based on
a warrant or attachment for failure to appear in court for the same offense or offenses for
which the person seeks an expungement.