The original instrument was prepared by Carla S. Roberts. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Michael Bell.
DIGEST
SB 156 Reengrossed 2019 Regular Session Riser
Present law requires the Louisiana Bureau of Criminal Identification and Information (bureau) to
maintain a volunteer and employee criminal history information system to allow qualified entities
to access state and federal criminal history records on certain individuals who volunteer or work with
children, the elderly, and individuals with disabilities. Defines "qualified entities" as a business or
organization, whether public or private, operated for profit, operated not-for-profit, or voluntary,
which provides care or care placement services, including a business or organization that licenses
or certifies individuals to provide care or care placement services, for children, the elderly, or
individuals with disabilities.
Proposed law retains present law.
Present law provides that the cost of providing the information to the qualified entity shall be
charged by the bureau to the individual subject to the inquiry, including any additional costs of
providing the national criminal history records check.
Proposed law retains present law and also authorizes the bureau to charge the costs to the qualified
entity provided the provisions of labor law that prohibit an employer from passing on the costs of
a record to an employee or applicant as a condition of employment are not violated.
Proposed law provides access to the criminal history system for victims of domestic abuse, dating
violence, human trafficking, and sexual assault. Provides that a licensed attorney who is counsel of
record in a case involving a victim of domestic abuse, dating violence, human trafficking, or sexual
assault shall be allowed to access state criminal history records on a certain individual who is a
defendant or a witness in the civil cases in which the attorney is counsel of record.
Proposed law defines "attorney", "bureau", "civil case", "criminal history records", "individual", and
"pro se litigant".
Proposed law provides that an attorney, or his licensed investigator who is assigned to the case, may
submit a request for a criminal history records check to be conducted by the sheriff. The attorney or
his licensed investigator submits identifying information related to the individual to the sheriff
including the full legal name, date of birth, or any other identifying information that the attorney may
possess. Requires the attorney also submit in his letter of request all of the following information
related to the case:
(1)The name and the Louisiana State Bar Association bar roll number of the attorney making
the request. (2)The name of the case, suit number, and the judicial district of the court for which the attorney
is making the request.
Proposed law provides that if the attorney or his licensed investigator wilfully or intentionally
misrepresents the civil case information, the attorney or his licensed investigator shall be subject to
criminal prosecution for filing false public records.
Proposed law authorizes a pro se litigant to obtain the same information that an attorney may obtain
so long as the pro se litigant obtains an ex parte court order from the judge assigned to the civil case,
in which the pro se litigant is a party, authorizing the pro se litigant to obtain criminal history
information on the defendant or witness to the civil litigation. Provides for the pro se litigant to
submit the judge's order for a request for a criminal history records check to be conducted by the
sheriff and requires the pro se litigant to submit identifying information related to the individual
including the full legal name, date of birth, and any other identifying information that the pro se
litigant may possess.
Proposed law requires that in addition to the individual's identifying information, the pro se litigant
must submit in his letter the name of the case, the suit number, and the judicial district of the court
for which the pro se litigant is making the request along with the judge's order. Provides that if the
pro se litigant wilfully or intentionally misrepresents the civil case information, the pro se litigant
shall be subject to criminal prosecution for filing false public records.
Proposed law provides that when a criminal history records check is requested by an attorney,
investigator, or pro se litigant, the sheriff must provide the state criminal history record information
of the individual subject to the inquiry.
Proposed law provides that state criminal history records checks are to be used by the attorney or pro
se litigant in conjunction with the civil case and may be disclosed only to the court or opposing
counsel or in court proceedings related to the civil case.
Proposed law provides that the cost of providing the information shall be charged by the sheriff to
the requesting person as provided in present law.
Proposed law requires the sheriff performing the criminal history records check to enter the code "D"
in the question space concerning the purpose of the inquiry so that the bureau may record the nature
of the request for auditing purposes.
Proposed law provides that the attorney, investigator, pro se litigant, and any other person shall
maintain the confidentiality of the state criminal history information and shall use the information
only for those purposes provided for in proposed law.
Proposed law provides that no person shall maintain a cause of action for liability against the state,
the sheriff, any political subdivision of the state, or any agency, officer, deputy, or employee of the
state, the sheriff, or a political subdivision for providing the information requested in accordance
with proposed law. Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:587.7(D); adds R.S. 15:587.8)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Removes provisions adding victims of domestic violence, human trafficking and
sexual assault to present law provisions regarding criminal background checks on
volunteers and employees who work with children, the elderly, and individuals with
disabilities.
2. Adds victims of dating violence to proposed law regarding victims or domestic
abuse, human trafficking, and sexual assault.
3. Limits access to state criminal history records.
4. Adds licensed investigators associated with the attorney of record to the individuals
authorized to access the record.
5. Changes from parties contacting bureau directly to parties accessing the information
through the sheriff.
6. Adds suit number to the information required to be included in a request for a record.
7. Adds proposed law provisions prohibiting a cause of action for liability.
Senate Floor Amendments to engrossed bill
1. Defines "Pro se litigant" as a single person.
2. Specifies that the attorney's bar roll number shall be submitted with the request.
3. Makes technical changes.