HLS 202ES-25 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 2
BY REPRESENTATIVE JAMES
CRIMINAL/RECORDS: Provides relative to the availability of certain criminal justice
system data to certain nonprofit entities (Item #63)
1 AN ACT
2To enact R.S. 15:584(C) and 587(J), relative to criminal justice system data; to provide
3 relative to the duty and authority of the Louisiana Bureau of Criminal Identification
4 and Information to cooperate with certain nonprofit entities; to provide for the
5 authority of certain nonprofit entities to obtain access to certain criminal justice
6 system data and information under certain conditions; to provide relative to the
7 nonprofit entities access to de-identified arrest and conviction information; to
8 provide relative to the execution of a nondisclosure agreement; to provide for a
9 termination date; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15:584(C) and 587(J) are hereby enacted to read as follows:
12 §584. Cooperation with federal and other state agencies
13 * * *
14 C.(1) For the sole purpose of assisting with the study and evaluation of the
15 creation and implementation of a procedure for automated criminal history record-
16 clearing in Louisiana, the bureau may cooperate with nonprofit partners providing
17 technical assistance to the Clean Slate Task Force established by House Resolution
18 No. 67 of the 2020 Regular Session of the Legislature.
19 (2) This Subsection shall cease to be effective on August 1, 2022.
20 * * *
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HB NO. 2
1 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
2 Identification and Information
3 * * *
4 J.(1) For the sole purpose of assisting with the study and evaluation of the
5 creation and implementation of a procedure for the automated criminal history
6 record-clearing in Louisiana, the bureau may provide limited access to de-identified
7 arrest and conviction information contained within the bureau's criminal history
8 record and identification files to nonprofit partners providing technical assistance to
9 the Clean Slate Task Force established by House Resolution No. 67 of the 2020
10 Regular Session of the Legislature. The bureau shall determine the scope of the
11 limited access to the de-identified arrest and conviction information provided to the
12 nonprofit partners.
13 (2) Any nonprofit partner who obtains limited access to de-identified arrest
14 and conviction information pursuant to this Subsection shall maintain the
15 confidentiality of the de-identified arrest and conviction information in accordance
16 with all applicable state and federal law and shall not disseminate the de-identified
17 arrest and conviction information to any other person or entity, including other
18 members of the Clean Slate Task Force established by House Resolution No. 67 of
19 the 2020 Regular Session of the Legislature or any nonprofit partner who did not
20 directly obtain de-identified arrest and conviction information from the bureau
21 pursuant to this Section. However, any nonprofit partner who obtains de-identified
22 arrest and conviction information from the bureau pursuant to this Subsection shall
23 provide the bureau with a report of its analysis and recommendations regarding
24 automated criminal history record-clearing as it relates to the bureau's criminal
25 history record and identification files, which the bureau may provide to the members
26 of the Clean Slate Task Force.
27 (3) Any nonprofit partner who receives de-identified arrest and conviction
28 information from the bureau pursuant to this Subsection shall execute a
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HB NO. 2
1 nondisclosure agreement with the bureau and shall execute any nondisclosure
2 agreement required by the bureau's vendors that maintain the disclosed information.
3 (4) This Subsection shall cease to be effective on August 1, 2022.
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 2 Original 2020 Second Extraordinary Session James
Abstract: Provides relative to the duty and authority of the La. Bureau of Criminal
Identification and Information to cooperate with and provide certain de-identified
information to certain nonprofit entities providing technical assistance to the Clean
Slate Task Force established by House Resolution No. 67 of the 2020 Regular
Session of the Legislature.
Present law provides that the La. Bureau of Criminal Identification and Information (bureau)
shall make available upon request, or at such other times as the deputy secretary shall
designate, to any eligible criminal justice agency and certain other entities any information
contained in the criminal history record and identification files of the bureau.
Proposed law retains present law and authorizes the bureau to provide limited access to de-
identified arrest and conviction information contained within the bureau's criminal history
record and identification files to nonprofit partners providing technical assistance to the
Clean Slate Task Force established by House Resolution No. 67 of the 2020 Regular Session
of the Legislature. Further requires the bureau to determine the scope of the limited access
to the de-identified arrest and conviction information provided to the nonprofit partners.
Proposed law requires any nonprofit partner who obtains limited access to de-identified
arrest and conviction information pursuant to proposed law to maintain the confidentiality
of the de-identified arrest and conviction information in accordance with all applicable state
and federal law and prohibits the dissemination of the de-identified arrest and conviction
information to any other person or entity, including other members of the Clean Slate Task
Force established by House Resolution No. 67 of the 2020 Regular Session of the
Legislature or any nonprofit partner who did not directly obtain de-identified arrest and
conviction information from the bureau. However, any nonprofit partner who obtains de-
identified arrest and conviction information from the bureau pursuant to proposed law shall
provide the bureau with a report of its analysis and recommendations regarding automated
criminal history record-clearing as it relates to the bureau's criminal history record and
identification files, which the bureau may provide to the members of the Clean Slate Task
Force.
Proposed law requires any nonprofit partner who receives de-identified arrest and conviction
information from the bureau pursuant to proposed law to execute a nondisclosure agreement
with the bureau and to execute any nondisclosure agreement required by the bureau's
vendors that maintain the disclosed information.
Proposed law further authorizes the bureau to cooperate with nonprofit partners that provide
technical assistance to the Clean Slate Task Force established by House Resolution No. 67
of the 2020 Regular Session of the Legislature.
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HB NO. 2
Proposed law shall cease to be effective on Aug. 1, 2022.
(Adds R.S. 15:584(C) and 587(J))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.