HLS 20RS-817 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 588
BY REPRESENTATIVE DUPLESSIS
PUBLIC RECORDS: Provides relative to the preservation and microfilming of certain
records
1 AN ACT
2To amend and reenact R.S. 13:1904 (E), 14:132 (B), 44:7 (A), 46:58 (C), and 48:201, to
3 enact R.S. 44:428 and 429, and to repeal R.S. 44:36 and 39, relative to public
4 records; to provide relative to the preservation of public records; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:1904 (E) is hereby amended and reenacted to read as follows:
8 §1904. City courts; destruction of useless records; certain courts
9 * * *
10 E. The destruction of criminal records authorized by Subsection D of this
11 Section may occur only after the clerk of court's office has scanned the records and
12 stored them in an electronic format that is in compliance with all rules adopted by
13 the Department of State relative to retention and storage of records or has an
14 approved digital imaging exception pursuant to R.S. 44:3944:429.
15 Section 2. R.S. 14:132 (B) is hereby amended and reenacted to read as follows:
16 §132. Injuring public records
17 * * *
18 B. Second degree injuring public records is the intentional removal,
19 mutilation, destruction, alteration, falsification, or concealment of any record,
20 document, or other thing, defined as a public record pursuant to R.S. 44:1 et seq. and
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1 required to be preserved in any public office or by any person or public officer
2 pursuant to R.S. 44:3644:428.
3 * * *
4 Section 3. R.S. 44:7 (A) is hereby amended and reenacted and R.S. 44:428 and 429
5are hereby enacted to read as follows:
6 §7. Hospital records
7 A. Except as provided in Subsections B, C, and E of this Section and R.S.
8 44:17, the charts, records, reports, documents, and other memoranda prepared by
9 physicians, surgeons, psychiatrists, nurses, and employees in the public hospitals of
10 Louisiana, adult or juvenile correctional institutions, public mental health centers,
11 and public schools for the mentally deficient to record or indicate the past or present
12 condition, sickness or disease, physical or mental, of the patients treated in the
13 hospitals are exempt from the provisions of this Chapter, except the provisions of
14 R.S. 44:3644:428 and 39 429. Nothing herein shall prevent hospitals from providing
15 necessary reports pursuant to R.S. 22:976, R.S. 29:765, R.S. 40:2019, and R.S.
16 44:17, nor shall any liability arise from the good faith compliance therewith.
17 * * *
18 §428. Preservation of records
19 A. All persons and public bodies having custody or control of any public
20 record, other than conveyance, probate, mortgage, or other permanent records
21 required by existing law to be kept for all time, shall exercise diligence and care in
22 preserving the public record for the period or periods of time specified for such
23 public records in formal records retention schedules developed and approved by the
24 state archivist and director of the division of archives, records management, and
25 history of the Department of State. However, in all instances in which a formal
26 retention schedule has not been executed, such public records shall be preserved and
27 maintained for a period of at least three years from the date on which the public
28 record was made. However, where copies of an original record exist, the original
29 alone shall be kept; when only duplicate copies of a record exist, only one copy of
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1 the duplicate copies shall be kept. Where an appropriate form of the
2 microphotographic process has been utilized to record, file, and otherwise preserve
3 such public records with microforms produced in compliance with the provisions of
4 R.S. 44:415, the microforms shall be deemed originals in themselves, as provided by
5 R.S. 44:429(B), and disposition of original documents which have been
6 microphotographically preserved and of duplicates and other copies thereof shall
7 proceed as provided in R.S. 44:411.
8 B. All records of the Department of Revenue may be destroyed after five
9 years from the thirty-first day of December of the year in which the tax to which the
10 records pertain became due; however, these records shall not be destroyed if there
11 is a contest relative to the payment of taxes or if a claim has been made for a refund
12 or where litigation with reference thereto is pending.
13 C. All records of the various services of the state or its subdivisions that
14 participate in federal programs or receive federal grants may be destroyed after three
15 years from the date on which the records were made if this provision is not
16 superseded by guidelines for the operative federal program or grant requiring longer
17 retention periods for the records in question; however, these records shall not be
18 destroyed if litigation with reference thereto is pending or until the appropriate state
19 or federal audits have been conducted.
20 D. All records of the Department of Public Safety and Corrections,
21 corrections services, pertaining to any adult offender shall be retained and may not
22 be destroyed until after six years from the date the full term sentence imposed upon
23 the offender expires, or six years from the date of death of the offender, whichever
24 occurs first.
25 E.(1) The public records of a prosecuting agency that pertain to a criminal
26 prosecution that results in a conviction in a manner other than a plea shall be retained
27 for a period of three years from the date on which a court of appeal affirms the
28 conviction, the Louisiana Supreme Court denies writs, or the Louisiana Supreme
29 Court makes its final ruling on the appeal, whichever occurs last.
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1 (2) The provisions of this Subsection shall not apply to any records
2 expunged as provided by law.
3 (3) Nothing in this Subsection shall be construed in any manner to affect or
4 alter the provisions of R.S. 44:3 regarding the records of prosecuting agencies.
5 F. All records accumulated pursuant to R.S. 42:23 shall be preserved and
6 maintained for a period of at least two years from the date on which the public record
7 was made.
8 §429. Microfilm and electronic digitized records; use as evidence
9 A.(1) All persons and public bodies having custody or control of any public
10 records of the state of Louisiana or any of its subdivisions may utilize any
11 appropriate form of the microphotographic process, or an electronic digitizing
12 process capable of reproducing an unalterable image of the original source
13 document, for the recordation, filing, and preservation of all existing public records,
14 forms, and documents or records, forms, and documents hereafter accumulated
15 which pertain to their functions and operations in order to maintain efficient and
16 economical records management programs and to conserve storage space if the use
17 of such microphotographic or electronic digitizing processes is not otherwise
18 prohibited by law and all microforms produced comply with standards established
19 by the division of archives, records management, and history of the Department of
20 State in accordance with the provisions of R.S. 44:415.
21 (2)(a) However, when electronic digitizing is utilized, the original source
22 document or microfilm of such source document shall be maintained until such time
23 as electronic digitizing is recognized as an acceptable means of records preservation.
24 (b) Notwithstanding the provisions of this Subsection, the agencies and
25 entities set forth in this Subparagraph are not required to maintain the original source
26 document or microfilm thereof when such document has been preserved utilizing
27 electronic digitizing pursuant to written operating standards providing for retention
28 and back-up schedules in accordance with recognized computer operating practices
29 which at a minimum provide the technical equivalent of back-up copies:
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1 (i) Public safety services within the Department of Public Safety and
2 Corrections.
3 (ii) All public retirement systems, plans, and funds.
4 (iii) Any further exceptions to the provision to maintain original source
5 documents or microfilm thereof under this Subsection shall be approved in writing
6 by the state archivist.
7 B. Any microfilm or electronically digitized copy, when satisfactorily
8 identified, shall be deemed to be an original itself, and shall be admissible in
9 evidence in all courts or administrative proceedings in any agency, whether the
10 original document is in existence or not, and an enlargement or facsimile of a
11 reproduction is likewise admissible in evidence, if the original reproduction is in
12 existence and available for inspection under direction of the court or the
13 administrative agency. Original records shall remain subject to subpoena.
14 Section 4. R.S. 46:58 (C) is hereby amended and reenacted to read as follows:
15 §58. Preservation of records
16 * * *
17 C. To reduce the space required for retaining obsolete files, the secretary
18 may destroy or order destroyed all files of documents as provided for in R.S.
19 44:3944:429, when, in his opinion, the requirements of the department will be served
20 thereby.
21 * * *
22 Section 5. R.S. 48:201 is hereby amended and reenacted to read as follows:
23 §201. Records and record keeping
24 When the Secretary or his designee is of the opinion that the requirements of
25 the public and of the department can be provided for by the use of microfilm copies
26 of the original files and documents, such originals may be destroyed three years
27 following the date when the record was made and the microfilm copies thereof shall
28 be admissable in evidence in all courts and administrative agency proceedings in
29 accordance with the provisions of R.S. 44:3944:429.
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1 Section 6. R.S. 44:36 and 39 are hereby repealed in their entirety.
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 588 Original 2020 Regular Session Duplessis
Abstract: Provides relative to the preservation and microfilming of certain records
Present law (R.S. 13:1904) provides that the destruction of criminal records can only occur
after the records have been stored in an electronic format or has an approved digital imaging
pursuant to R.S. 44:39.
Proposed law retains present law but changes exception to be pursuant to R.S. 44:429.
Present law (R.S. 14:132) provides that second degree injuring public records is the
intentional removal or destruction of any public record that is required to be preserved
pursuant to R.S. 44:36.
Proposed law retains present law regarding records required to be preserved pursuant to R.S.
44:36. Changes required method of preservation to be pursuant to R.S. 44:428 instead of
R.S. 44:36.
Present law (R.S. 44:7) requires that documents prepared by doctors, nurses, and employees
in the public hospitals of Louisiana, adult or juvenile correctional institutions, public mental
health centers, and public schools for the mentally deficient are preserved pursuant to R.S.
44:36 and 39.
Proposed law retains present law but requires records to be preserved pursuant to R.S.
44:428 instead of R.S. 44:36.
Present law (R.S. 46:58) provides that the secretary may destroy all files of documents that
have been preserved as provided for in R.S. 44:39.
Proposed law retains present law but requires records to be preserved pursuant to R.S.
44:429 instead of R.S. 44:39.
Present law (R.S. 48:201) provides that when microfilm copies of a file have been created,
the Secretary may destroy original files three years following the date when the record was
made. Further provides that pursuant to R.S. 44:39, the microfilm copies shall be admissable
in evidence in all courts and administrative agency proceedings.
Proposed law retains present law but provides that microfilm copes shall be admissible in
evidence pursuant to R.S. 44:429 instead of R.S. 44:39.
Present law provides for when certain public records may be destroyed.
Proposed law retains present law except to recodify the section of law to be R.S. 44:428.
Present law provides that public records may be preserved through the utilization of a
microphotographic process or an electronic digitizing process capable of reproducing an
unalterable image of the original source document. Further provides that any microfilm or
electronically digitized copy, when satisfactorily identified, shall be admissible in evidence
in all courts or administrative proceedings.
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Proposed law retains present law except to recodify the section of law to be R.S. 44:429.
(Amends R.S. 13:1904 (E), 14:132 (B), 44:7 (A), 46:58 (C) and 48:201; Adds R.S. 44:428
and 429; Repeals R.S. 44:36 and 39)
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