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 555 Original 2020 Regular Session Duplessis
Abstract: Prohibits the public inspection of any photographs included in booking information
summaries and initial reports of arrested persons, and provides that the initial report shall not
include any photographs.
Present law (C.Cr.P. Art. 228) provides that a person is booked by an entry in a book kept for that
purpose, showing his name and address, a list of any property taken from him, the date and time of
booking, and the submission of a booking information summary. Further requires every jail and
police station to keep a booking for the listing of the present law information as to each prisoner
received. The book and booking information summaries are required to always be open for public
inspection.
Proposed law provides that any photograph included in the present law book and booking
information summaries shall only be used for administrative purposes by a jail or police station or
investigative purposes by law enforcement and shall not be open for public inspection.
Present law (R.S. 44:3(A)(4)) exempts a person's arrest records from the Public Records Law until
a final judgment of conviction or acceptance of a plea of guilty by a court of competent jurisdiction.
However, the initial report of the officer or officers investigating a complaint, records of the booking
of a person as provided in present law (C.Cr.P. Art. 228), records of the issuance of a summons or
citation, and records of the filing of a bill of information shall be a public record.
Present law further provides that the initial report shall set forth:
(1)A narrative description of the alleged offense, including appropriate details as determined
by the law enforcement agency.
(2)The name and identification of each person charged with or arrested for the alleged offense.
(3)The time and date of the alleged offense.
(4)The location of the alleged offense.
(5)The property involved.
(6)The vehicles involved. (7)The names of the investigating officers.
Proposed law provides that the records available to the public in the initial report and in the booking
of a person in accordance with present law (C.Cr.P. Art. 228) shall not include any photographs of
the person, and any photographs of the person associated with the initial report or the booking shall
only be used for administrative purposes by a jail or police station or investigative purposes by law
enforcement and shall not be released or open for public inspection pursuant to the provisions of
present law.
(Amends C.Cr.P. Art. 228(B); Adds R.S. 44:3(A)(4)(d))