RÉSUMÉ DIGEST
ACT 259 (SB 156) 2019 Regular Session Riser
Prior law required 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. Defined
"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.
New law retains prior law.
Prior law provided 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.
New law retains prior law and also authorizes the bureau to charge a processing fee 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.
New 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.
New law defines "attorney", "bureau", "civil case", "criminal history records", "individual",
"pro se litigant", and "witness".
New law includes in the definition of "civil case" civil cases for an injunction sought
pursuant to provisions regarding domestic abuse assistance and human trafficking victims.
New 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 La. 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.
New 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.
New 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 individual. 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.
New 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.
New 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.
New 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.
New law provides that the cost of providing the information shall be charged by the sheriff
to the requesting person as provided in prior law, not to exceed fifteen dollars.
New 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.
New 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.
New 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 new law.
Effective upon signature of governor (June 11, 2019).
(Amends R.S. 15:587.7(D); adds R.S. 15:587.8)