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 602 Original 2020 Regular Session Bryant
Abstract: Adds the La. Dept. of Education as an entity to receive criminal history record and
identification files and adds a definition for the term "FBI rap back system".
Present law creates, within the Dept. of Public Safety and Corrections, the La. Bureau of Criminal
Identification and Information which has the responsibility for establishing and maintaining a central
repository of criminal history records.
Present law (R.S. 15:576) provides for definitions of the following terms: "bureau", "criminal history
record" or "criminal history record information", "criminal justice agency", "criminal justice
information system", and "criminal justice system".
Proposed law adds a definition for the term "FBI rap back system" which means a service maintained
by the FBI to provide authorized noncriminal and criminal justice agencies ongoing status
notifications of any criminal history subsequently reported to the FBI in its criminal history system
after the initial criminal or civil transaction.
Present law (R.S. 15:587) requires the bureau to provide such information, upon request and as the
deputy secretary of the Dept. of Public Safety and Corrections designates, to any eligible criminal
justice agency, and the La. Dept. of Health, the state fire marshal, the Dept. of Children and Family
Services, the Dept. of Insurance, the La. State Racing Commission, the Senate and Governmental
Affairs Committee, the House and Governmental Affairs Committee, the executive director of the
La. Workforce Commission or his designee, the Board of River Port Pilot Commissioners, the Office
of Financial Institutions in the office of the governor, the office of disciplinary counsel of the La.
Attorney Disciplinary Board, the La. Supreme Court Committee on Bar Admissions, the municipal
or parish department or personnel responsible for reviewing applications for alcoholic beverage
outlet permits, and the legislative auditor.
Proposed law adds the La. Dept. of Education as an entity eligible to receive such information.
Proposed law provides that the La. Dept. of Education shall be entitled to the criminal history record
and identification files of the bureau of any person who has submitted a fingerprint request pursuant
to present law (R.S. 15:587.1, R.S. 17:15, 407.42, and 407.71). The bureau is authorized to submit
fingerprints to the FBI to be retained in the FBI rap back system for the purpose of being searched
by future submissions to the FBI rap back system, including latent fingerprint searches. Requires
the bureau to make available to the La. Dept. of Education rap backs for requests made pursuant to
present law (R.S. 17:15, 407.42, and 407.21). Present law (R.S. 15:587.1) provides that any employer or others responsible for the actions of one
or more persons who have been given or have applied to be considered for a position of supervisory
or disciplinary authority over children, the Dept. of Children and Family Services as employer of one
or more persons who have been given or have applied to be considered for a position whose duties
include the investigation of child abuse or neglect, supervisory or disciplinary authority over
children, direct care of a child, or performance of licensing surveys, and for individuals who are
employed by or contracted staff of a child care institution, shall request in writing that the bureau
supply information to ascertain whether that person has been arrested for or convicted of, or pled
nolo contendere to, any criminal offense.
Proposed law provides that for requests made pursuant to present law (R.S. 17:15, 407.42, and
407.71) the bureau is authorized to submit fingerprints to the FBI to be retained in the FBI rap back
system for the purpose of being searched by future submissions to the FBI rap back system, including
latent fingerprint searches. Requires the bureau to make available to the La. Dept. of Education rap
backs for requests made pursuant to present law (R.S. 17:15, 407.42, and 407.71). Requires any
recipient of such information to maintain the confidentiality of such criminal history information in
accordance with applicable state or federal law.
(Amends R.S. 15:587(A)(1)(a) and 587.1(B)(1); Adds R.S. 15:576(6), 587(A)(1)(j) and (I))