Louisiana House Bill HB227

Louisiana 2021 Regular Session

• Introduced: 3/25/21
• Refer: 3/25/21
• Refer: 4/12/21
• Report Pass: 4/22/21
• Engrossed: 4/27/21
• Refer: 4/28/21
• Report Pass: 5/4/21
• Enrolled: 5/13/21
• Chaptered: 6/1/21
• Passed: 6/1/21

Caption

Provides relative to subpoena duces tecum when investigating sex offenses involving human trafficking

Impact

The introduction of HB 227 has significant implications for state law regarding subpoenas and the handling of electronic information in criminal investigations. By providing law enforcement with the authority to obtain key electronic data, the bill aims to bolster efforts in combating human trafficking. However, it also raises concerns regarding privacy and the extent of governmental reach into individuals' online activities. The bill includes provisions to protect certain types of information, such as in-transit communications and account passwords, but the ability to access detailed records may still lead to jurisdictional and ethical debates over privacy versus public safety.

Summary

House Bill 227 is geared towards enhancing the investigative powers of law enforcement in sexual offenses related to human trafficking. The bill enacts Article 732.2 of the Code of Criminal Procedure, allowing designated authorities—such as the Department of Public Safety and Corrections, the office of state police, and others—to issue administrative subpoenas. Such subpoenas can compel the disclosure of information from internet service providers when there is reasonable cause to believe that an internet account has been used in human trafficking activities. This legislation specifically addresses cases involving adult and child victims of trafficking, broadening the scope for collecting relevant evidence during investigations.

Sentiment

The sentiment surrounding HB 227 is largely supportive among law enforcement and advocates for victims of human trafficking, who see it as a necessary tool to combat these crimes effectively. However, there are also apprehensions voiced by civil liberties groups and individuals wary of potential overreach and the implications for personal privacy. The discussion reflects a balance between ensuring safety for vulnerable populations and safeguarding individual rights in a digital age.

Contention

Notable points of contention arise from the bill's potential impact on privacy rights and the extent of law enforcement's authority to gather electronic information. While proponents argue that such measures are essential in tackling serious crimes such as human trafficking, opponents caution against the potential for misuse of information and lack of oversight. The effectiveness of this legislative measure hinges on how well it can enforce protections for privacy while still enabling significant investigative capacity for police and support agencies.