2019 Regular Session ENROLLED
SENATE BILL NO. 156
BY SENATORS RISER AND MIZELL AND REPRESENTATIVE JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 15:587.7(D) and to enact R.S. 15:587.8, relative to access in civil
3 cases to the criminal history system; to provide for certain nonprofit and for profit
4 volunteer and qualified entities; to provide for access to state criminal history
5 information in a civil case of domestic violence, human trafficking, dating violence
6 and sexual assault; to provide for certain licensed attorneys to obtain state criminal
7 history system information in civil cases involving allegations of domestic abuse; to
8 provide for certain licensed attorneys to obtain state criminal history system
9 information in civil cases involving allegations of human trafficking; to provide for
10 certain licensed attorneys to obtain state criminal history system information in civil
11 cases involving dating violence; to provide for certain licensed attorneys to obtain
12 state criminal history system information in civil cases involving allegations of
13 sexual assault; to provide for pro se petitioners; to provide for definitions; to provide
14 for confidentiality; to prohibit certain causes of action; and to provide for related
15 matters.
16 Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 15:587.7(D) is hereby amended and reenacted and R.S. 15:587.8 is
18 hereby enacted to read as follows:
19 §587.7. Volunteer and employee criminal history system
20 * * *
21 D. The cost of providing the information required under this Section shall be
22 charged by the bureau, as specified in R.S. 15:587(B), to the individual subject to the
23 inquiry or the qualified entity, subject to the provisions of R.S. 23:897, for
24 furnishing information contained in the bureau's criminal history and identification
25 files, including any additional costs of providing the national criminal history records
26 check which pertain to the individual.
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1 * * *
2 §587.8. Access to criminal history system for victims of domestic abuse, victims
3 of human trafficking, victims of dating violence, and victims of
4 sexual assault.
5 A. In order to protect the integrity and the security of the family court
6 and civil court system and in order to obtain evidence in furtherance of Code
7 of Evidence Article 412.5, a licensed attorney who is counsel of record in a case
8 involving a victim of domestic abuse, human trafficking, dating violence, or
9 sexual assault shall be allowed to access state criminal history records on a
10 certain individual who is a party or a witness in the civil cases in which the
11 attorney is counsel of record.
12 B. For purposes of this Section, the following definitions shall apply:
13 (1) "Attorney" means an attorney who is licensed by the Louisiana State
14 Bar Association and who is the counsel of record in a civil case as defined in
15 Paragraph (3) of this Subsection.
16 (2) "Bureau" means the Louisiana Bureau of Criminal Identification and
17 Information located within the Department of Public Safety and Corrections,
18 public safety services, office of state police.
19 (3) "Civil case" means a case filed in family court or other court of
20 competent jurisdiction where civil cases are heard related to allegations of
21 domestic abuse, dating violence, family violence, violence against a child,
22 violence against a spouse, sexual assault, or human trafficking, including but
23 not limited to all of the following:
24 (a) A civil case for an injunction or protective order sought pursuant to
25 R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2161 et
26 seq., R.S. 46:2171 et seq., or R.S. 46:2181 et seq., Children's Code Article 1564
27 et seq., or Code of Civil Procedure Articles 3604 or 3607.1.
28 (b) A civil case whereby evidence is admissible, pursuant to Louisiana
29 Code of Evidence Article 412.5, related to acts of domestic abuse as defined in
30 R.S. 46:2132, family violence as defined in R.S. 9:362, dating violence as defined
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1 in R.S. 46:2151, or sexual abuse as defined in R.S. 9:362.
2 (c) A civil case to obtain recovery and damages for a victim of human
3 trafficking, pursuant to 18 U.S.C. 1595, or any other civil proceeding involving
4 the victims of human trafficking.
5 (d) A civil case filed pursuant to Title V of Book I of the Louisiana Civil
6 Code.
7 (4) "Criminal history records" means the state criminal history records
8 maintained by the bureau.
9 (5) "Individual" means a person who is a party to or a witness in a civil
10 case provided for in Paragraph (3) of this Subsection.
11 (7) "Witness" means a person who is not a party to the case but who
12 may be awarded custody or visitation of the child or who has had contact or
13 may have future contact with the child, the alleged victim, or the alleged
14 perpetrator of domestic abuse, human trafficking, dating violence, or sexual
15 assault.
16 (6) "Pro se litigant" is a party representing himself.
17 C.(1) An attorney, or his licensed investigator who is assigned to the case
18 and who is subject to the provisions of R.S. 15:587(A)(1)(c), may submit a
19 request for a criminal history records check to be conducted by the sheriff
20 related to a case in which the attorney is counsel of record in a civil case. The
21 attorney, or his licensed investigator, shall submit identifying information
22 related to the individual to the sheriff including the full legal name, date of
23 birth, or any other identifying information that the attorney may possess.
24 (2)(a) In addition to the individual's identifying information, the attorney
25 shall submit in his letter of request to the sheriff all of the following information
26 related to the case:
27 (i) The name and the Louisiana State Bar Association bar roll number
28 of the attorney making the request.
29 (ii) The name of the case, the suit number, and the judicial district of the
30 court for which the attorney is making the request.
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1 (b) If the attorney or his licensed investigator wilfully or intentionally
2 misrepresents the civil case information required in this Paragraph, the
3 attorney or his licensed investigator shall be subject to criminal prosecution for
4 filing false public records pursuant to R.S. 14:133.
5 D.(1) In order to ensure equal protection under the law, a pro se litigant
6 may obtain the same information that an attorney may obtain in Subsection C
7 of this Section so long as the pro se litigant obtains an ex parte court order from
8 the judge assigned to the civil case, in which the pro se litigant is a party,
9 authorizing the pro se litigant to obtain criminal history information on an
10 individual. The pro se litigant may then submit the judge's order for a request
11 for a criminal history records check to be conducted by the sheriff related to the
12 civil case in which the pro se litigant is a party to the civil case. The pro se
13 litigant shall submit identifying information related to the individual to the
14 sheriff including the full legal name, date of birth, and any other identifying
15 information that the pro se litigant may possess.
16 (2) In addition to the individual's identifying information, the pro se
17 litigant shall submit in his letter the name of the case, the suit number, and the
18 judicial district of the court for which the pro se litigant is making the request
19 along with the judge's order.
20 (3) If the pro se litigant wilfully or intentionally misrepresents the civil
21 case information required in this Paragraph, the pro se litigant shall be subject
22 to criminal prosecution for filing false public records pursuant to R.S. 14:133.
23 E. When a criminal history records check is requested by an attorney,
24 a licensed investigator, or a pro se litigant pursuant to this Section, the sheriff
25 shall provide the attorney, the licensed investigator, or the pro se litigant with
26 the state criminal history record information of the individual subject to the
27 inquiry.
28 F. State criminal history records checks, obtained pursuant to this
29 Section, are to be used by the attorney or pro se litigant in conjunction with the
30 civil case to which the information is sought and may be disclosed only to the
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1 court or opposing counsel or in court proceedings related to the civil case.
2 G.(1) The cost of providing the information required under this Section
3 shall be charged by the sheriff to the requesting person as that amount is
4 specified in R.S. 15:587(D).
5 (2) When the sheriff performs the criminal history records check
6 pursuant to this Section, he shall enter the code "D" in the question space
7 concerning the purpose of the inquiry so that the bureau may record the nature
8 of the inquiry for auditing purposes.
9 H. The attorney, licensed investigator, pro se litigant, and any other
10 person with access to the information shall maintain the confidentiality of the
11 state criminal history information and shall use the information only for those
12 purposes provided for in this Section.
13 I. No person shall maintain a cause of action for liability against the
14 state, the sheriff, any political subdivision of the state, or any agency, officer,
15 deputy, or employee of the state, the sheriff, or a political subdivision for
16 providing the information requested in accordance with this Section.
17 Section 2. This Act shall become effective upon signature by the governor
18 or, if not signed by the governor, upon expiration of the time for bills to become law
19 without signature by the governor, as provided by Article III, Section 18 of the
20 Constitution of Louisiana. If vetoed by the governor and subsequently approved by
21 the legislature, this Act shall become effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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