Louisiana 2019 2019 Regular Session

Louisiana House Bill HB99 Engrossed / Bill

                    HLS 19RS-204	ENGROSSED
2019 Regular Session
HOUSE BILL NO. 99
BY REPRESENTATIVE FALCONER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/RECORDS:  Provides relative to background checks for certain volunteers and
employees working with children
1	AN ACT
2To amend and reenact R.S. 15:587.3, relative to criminal identification and information; to
3 provide relative to volunteers and employees in youth-serving organizations; to
4 provide relative to coaches of youth athletes; to require the release of investigative
5 records; to require fingerprinting and background checks; to provide relative to the
6 procedures and costs for criminal history records checks; to provide relative to
7 training programs; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 15:587.3 is hereby amended and reenacted to read as follows: 
10 ยง587.3.  Volunteers and employees in youth-serving organizations; other youth
11	coaches; criminal background information
12	A.(1)  A religious, charitable, scientific, educational, athletic, or youth-
13 serving institution or organization may shall require any person, who applies to work
14 with children as a volunteer or as a paid employee, to do one or more of the
15 following:
16	(1)(a)  Agree to the release of all investigative records to such religious,
17 charitable, scientific, educational, athletic, or youth-service institution or
18 organization for examination for the purpose of verifying the accuracy of criminal
19 violation information contained on an application to work for such institution or
20 organization.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-204	ENGROSSED
HB NO. 99
1	(2)(b)  Supply fingerprint samples and submit to a criminal history records
2 check to be conducted by the Louisiana State Police.
3	(2)  Any person who coaches youth athletes, not as part of a religious,
4 charitable, scientific, educational, athletic, or youth-serving institution or
5 organization for which Paragraph (1) of this Subsection would apply, shall do the
6 following:
7	(a)  Agree to release all investigative records for examination for the purpose
8 of verifying the accuracy of criminal violation information.
9	(b)  Supply fingerprint samples and submit to a criminal history records
10 check to be conducted by the Louisiana State Police.
11	(c)  Make available criminal history record information.
12	(3)B.  Attend In addition to the requirements in Subsection A, the person may
13 be required to attend a comprehensive youth protection training program which
14 includes adult training on recognition, disclosure, reporting, and prevention of abuse
15 and submit to character, employment, education, and reference checks.
16	B.C.  Any person who is requested to comply with the requirements set forth
17 in Subsection A, and refuses to do so, shall be prohibited from working with children
18 as a volunteer or as a paid employee.
19	D.  When a criminal history records check is requested pursuant to
20 Subsection A of this Section, the Louisiana Bureau of Criminal Identification and
21 Information shall provide the requestor with the state criminal history record
22 information of the individual subject to the inquiry.  In addition, the bureau shall
23 forward the fingerprints to the Federal Bureau of Investigation for a national criminal
24 history records check and shall provide the requestor with the national criminal
25 history record information of the individual subject to the inquiry.
26	E.  The costs of providing the information required under this Section shall
27 be charged by the bureau, as specified in R.S. 15:587(B), to the individual subject
28 to the inquiry for furnishing information contained in the bureau's criminal history
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-204	ENGROSSED
HB NO. 99
1 and identification files, including any additional costs of providing the national
2 criminal history records check which pertain to the individual.
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 99 Engrossed 2019 Regular Session	Falconer
Abstract:  Requires certain volunteers and employees working with children to release
investigative records for the purpose of verifying the accuracy of criminal violation
information on a work application and to submit to a criminal background check.
Present law provides that a religious, charitable, scientific, educational, athletic, or youth-
serving institution or organization may require any person, who applies to work with
children as a volunteer or as a paid employee, to do the following:
(1)Agree to release all investigative records for the purpose of verifying the accuracy
of criminal violation information.
(2)Supply fingerprints and submit to a criminal history records check.
(3)Attend a comprehensive youth protection training program.
Proposed law requires the release of investigative records and the criminal history records
check for any person who applies to work with children as a volunteer or paid employee.
Proposed law further requires any person who coaches youth athletes, not as part of a
religious, charitable, scientific, educational, athletic, or youth-serving institution, to do the
following:
(1)Agree to release all investigative records for the purpose of verifying the accuracy
of criminal violation information.
(2)Supply fingerprints and submit to a criminal history records check.
(3)Make available criminal history record information.
Proposed law provides that when a criminal history records check is requested, the La.
Bureau of Criminal Identification and Information shall provide the requestor with the state
criminal history record information of the individual subject to the inquiry.  Proposed law
further requires the bureau to forward the fingerprints to the FBI for a national criminal
history records check and provide the requestor with the national criminal history record
information of the individual subject to the inquiry.
Proposed law requires the bureau to charge the individual subject to the background check 
for furnishing information contained in the criminal history and identification files, including
any additional costs.
(Amends R.S. 15:587.3)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-204	ENGROSSED
HB NO. 99
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the requirement that a parent or legal guardian request the criminal
history record information from the coach.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.