HLS 20RS-574 ORIGINAL 2020 Regular Session HOUSE BILL NO. 204 BY REPRESENTATIVE JAMES CRIMINAL/RECORDS: Authorizes CASA to receive FBI records on potential CASA volunteers 1 AN ACT 2To amend and reenact R.S. 15:587.1(J), relative to providing of information to protect 3 children; to provide relative to the criminal history record information requested by 4 and provided to a Court Appointed Special Advocate program; to provide relative 5 to the duty of the Louisiana Bureau of Criminal Identification and Information with 6 respect to federal criminal history record information; to provide relative to the 7 program's authority to receive federal criminal history record information; and to 8 provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 15:587.1(J) is hereby amended and reenacted to read as follows: 11 ยง587.1. Provision of information to protect children 12 * * * 13 J.(1) Any Court Appointed Special Advocate program as defined in 14 Children's Code Article 116(2.1) shall be entitled to information from the bureau to 15 ascertain whether a person being considered for involvement with the CASA 16 program has been arrested for, or convicted of, or pled guilty or nolo contendere to, 17 any criminal offense. The bureau shall, upon request and after receipt of fingerprint 18 cards or other identifying information from the CASA program, survey its criminal 19 history records and identification files. The Court Appointed Special Advocate 20 program may request the bureau to make a simultaneous request of the Federal Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-574 ORIGINAL HB NO. 204 1 Bureau of Investigation for like information from other jurisdictions. The Louisiana 2 Bureau of Criminal Identification and Information bureau shall provide a report 3 promptly and in writing, but provide only such information as is necessary to specify 4 whether or not that person has been arrested for or convicted of or pled guilty or nolo 5 contendere to any crime or crimes, the crime or crimes of which he has been arrested 6 for or convicted or to which he has pled guilty or nolo contendere, and the date or 7 dates on which they occurred. The report provided pursuant to the provisions of this 8 Subsection shall include arrests, convictions, or other dispositions, including 9 convictions dismissed pursuant to Code of Criminal Procedure Articles 893 and 894. 10 (2) When a criminal history records check is requested pursuant to this 11 Subsection, in addition to the requirements set forth in Paragraph (1) of this 12 Subsection, the bureau shall forward the fingerprints of the individual who is the 13 subject of the inquiry to the Federal Bureau of Investigation for a national criminal 14 history records check and shall provide the CASA program with the national 15 criminal history record information of the individual who is the subject of the 16 inquiry. 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 204 Original 2020 Regular Session James Abstract: Requires the criminal history record information provided to a CASA program by the La. Bureau of Criminal Identification and Information to include national criminal history record information provided by the Federal Bureau of Investigation. Present law provides that a Court Appointed Special Advocate (CASA) program is entitled to information from the Louisiana Bureau of Criminal Identification and Information to ascertain whether a person being considered for involvement with the CASA program has been arrested for, or convicted of, or pled guilty or nolo contendere to, any criminal offense. Present law further provides that the bureau shall, upon request and after receipt of fingerprint cards or other identifying information from the CASA program, survey its criminal history records and identification files and provide a report promptly and in writing, providing only such information as is necessary to specify whether or not that person has been arrested for or convicted of or pled guilty or nolo contendere to any crime or crimes, the crime or crimes of which he has been arrested for or convicted or to which he has pled guilty or nolo contendere, and the date or dates on which they occurred. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-574 ORIGINAL HB NO. 204 Proposed law retains present law. Present law provides that the CASA program may request the bureau to make a simultaneous request of the Federal Bureau of Investigation for similar criminal history information from other jurisdictions. Proposed law amends present law to provide when a criminal history records check is requested by a CASA program pursuant to present law, the bureau shall also forward the fingerprints of the individual who is the subject of the inquiry to the Federal Bureau of Investigation for a national criminal history records check and shall provide the CASA program with the national criminal history record information of the individual who is the subject of the inquiry. (Amends R.S. 15:587.1(J)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.