RÉSUMÉ DIGEST
ACT 154 (HB 602) 2020 Regular Session Bryant
Existing law creates, within the Dept. of Public Safety and Corrections, the La. Bureau of
Criminal Identification and Information which has the responsibility of establishing and
maintaining a central repository of criminal history records.
Existing 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".
New 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.
Existing 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.
New law adds the La. Dept. of Education as an entity eligible to receive such information.
New 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 existing law (R.S. 15:587.1 and 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 existing law (R.S. 17:15, 407.42, and
407.21).
Existing 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, convicted of, or pled nolo contendere to any criminal
offense.
New law provides that for requests made pursuant to existing 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 existing 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.
Effective upon signature of governor (June 9, 2020), except with regard to those persons
submitting a fingerprint request pursuant to existing law (R.S. 17:15), new law shall become
effective upon the promulgation of rules by the La. State Board of Elementary and Secondary Education providing for a development of a system designed to receive criminal history
record and identification files pursuant to the FBI rap back system.
(Amends R.S. 15:587(A)(1)(a) and 587.1(B)(1); Adds R.S. 15:576(6) and 587(A)(1)(j) and
(I))