HLS 19RS-204 REENGROSSED
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 head coaches
of youth athletes
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 institutions or
4 organizations; to provide relative to coaches of youth athletes; to require the release
5 of investigative records for head coaches of youth athletes; to require fingerprinting
6 and background checks for the head coaches; to provide relative to the procedures
7 and costs for criminal history records checks; to provide relative to training
8 programs; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:587.3 is hereby amended and reenacted to read as follows:
11 ยง587.3. Volunteers and employees in youth-serving institutions or organizations;
12 other youth coaches; criminal background information
13 A.(1) A religious, charitable, scientific, educational, athletic, or youth-
14 serving institution or organization may require any person, who applies to work with
15 children as a volunteer or as a paid employee, to do one or more of the 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
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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 Bureau of Criminal
3 Identification and Information.
4 (2) Any head coach of youth athletes in an organized sports or recreational
5 athletic contest, not as part of a religious, charitable, scientific, educational, athletic,
6 or youth-serving institution or organization to which Paragraph (1) of this Subsection
7 would apply and is not a parent of the child, legal guardian of the child, or is
8 otherwise not a family member of the child, shall do the following:
9 (a) Agree to release all investigative records for examination for the purpose
10 of verifying the accuracy of criminal violation information.
11 (b) Supply fingerprint samples and submit to a criminal history records
12 check to be conducted by the Louisiana Bureau of Criminal Identification and
13 Information.
14 (c) Make available criminal history record information.
15 (3)B. Attend In addition to Subsection A, any volunteer, paid employee, or
16 head coach may be required to attend a comprehensive youth protection training
17 program which includes adult training on recognition, disclosure, reporting, and
18 prevention of abuse and submit to character, employment, education, and reference
19 checks.
20 B.C. Any person who is requested to comply with the requirements set forth
21 in Subsection A, and refuses to do so, shall be prohibited from working with children
22 as a volunteer or as a paid employee.
23 D. When a criminal history records check is requested pursuant to
24 Subsection A of this Section, the Louisiana Bureau of Criminal Identification and
25 Information shall provide the requestor with the state criminal history record
26 information of the individual subject to the inquiry. In addition, the bureau shall
27 forward the fingerprints to the Federal Bureau of Investigation for a national criminal
28 history records check and shall provide the requestor with the national criminal
29 history record information of the individual subject to the inquiry.
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HB NO. 99
1 E.(1) The costs of providing the information required under this Section shall
2 be charged by the bureau, as specified in R.S. 15:587(B), to the individual subject
3 to the inquiry for furnishing information contained in the bureau's criminal history
4 and identification files, including any additional costs of providing the national
5 criminal history records check which pertains to the individual.
6 (2) Notwithstanding Paragraph (1) of this Subsection, for paid employees of
7 a youth-serving institution or organization, the costs of providing the information
8 required under this Section shall be charged by the bureau, as specified in R.S.
9 15:587(B), to the institution or organization.
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 Reengrossed 2019 Regular Session Falconer
Abstract: Requires certain head coaches of youth athletes to submit to a criminal
background check and provides relative to the cost of obtaining the 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 retains present law.
Proposed law provides that any head coach of youth athletes in an organized sports or
recreational athletic contest, not as part of a religious, charitable, scientific, educational,
athletic, or youth-serving institution, and who is not a parent of the child, legal guardian of
the child, or is otherwise not a family member of the child, is required 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
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HB NO. 99
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. For paid employees of a youth-serving institution or organization, the
bureau is required to charge the institution or organization for the criminal history records
check.
(Amends R.S. 15:587.3)
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.
The House Floor Amendments to the engrossed bill:
1. Make technical corrections.
2. Restore present law relative to background checks for persons who apply to work
with children as a volunteer or paid employee of a religious, charitable,
scientific, educational, athletic, or youth-serving institution or organization.
3. Amend proposed law to specify that proposed law applies to any head coach of
youth athletes in an organized sports or recreational contest.
4. Provide that proposed law does not apply to a parent of the child, a legal
guardian of the child, or a family member of the child.
5. For paid employees of a youth-serving institution or organization, require the
bureau to charge the institution or organization for the costs of the criminal
history records check.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.