HLS 21RS-890 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 381
BY REPRESENTATIVE MOORE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to motor vehicle accident reports
1 AN ACT
2To amend and reenact R.S. 32:398, relative to motor vehicle accident reports; to modify
3 references to accident reports and reporting requirements; to provide relative to
4 electronic forms for crash reports; to provide relative to ownership of data and crash
5 reports; to remove a provision that authorizes the Orleans Parish police department
6 to charge a fee for copies of accident reports; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:398 is hereby amended and reenacted to read as follows:
9 ยง398. Accident Crash reports; when and to whom made; information aid; fees for
10 copies; fees for accident crash photographs and videos
11 A. The driver of a vehicle involved in an accident a crash resulting in injury
12 to or death of any person or property damage in excess of five hundred dollars shall:
13 (1) Immediately, by the quickest means of communication, give notice of the
14 accident crash to the local police department if the accident crash occurs within an
15 incorporated city or town or, if the accident crash occurs outside of an incorporated
16 city or town, to the nearest sheriff's office or state police station.
17 (2) Give his name, address, and the registration number of the vehicle he was
18 driving and, upon request and if available, exhibit his license or permit to drive to
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1 any person injured in such accident the crash or to the driver or occupant of or person
2 attending any vehicle or other property damaged in the accident crash.
3 (3) Give such information and, upon request, exhibit such license or permit
4 to any police officer at the scene of the accident crash or who is investigating the
5 accident crash.
6 (4) If the accident crash occurs in a geographical area under order of
7 evacuation by a competent authority or is under a declared state of emergency, the
8 driver shall comply with the provisions of Paragraphs (1) and (2) of this Subsection
9 within seventy-two hours after the occurrence of the accident crash.
10 B. The driver of any vehicle involved in an accident resulting in injury to or
11 death of any person or total property damage to an apparent extent of one hundred
12 dollars or more shall, within twenty-four hours after the accident, forward a written
13 report of the accident to the Department of Public Safety and Corrections. Any
14 person who violates the provisions of this Subsection may be imprisoned for not
15 more than sixty days or fined not more than one hundred dollars, or both.
16 C. The Department of Public Safety and Corrections may require the driver
17 of a vehicle involved in an accident, which is required to be reported by this Section,
18 to provide a supplemental report when the original report is insufficient in the
19 opinion of the department and may require witnesses of an accident to render reports.
20 D. B. It shall be the duty of the state police or the sheriff's office to
21 investigate all accidents crashes required to be reported by this Section when the
22 accident crash occurs outside the corporate limits of a city or town, and it shall be the
23 duty of the police department of each city or town to investigate all accidents crashes
24 required to be reported by this Section when the accidents crashes occur within the
25 corporate limits of the city or town. Every law enforcement officer who investigates
26 an accident a crash, as required by this Subsection, shall instruct the driver of each
27 vehicle involved in the accident crash to report the following to all parties suffering
28 injury or property damage as an apparent result of the accident crash:
29 (1) The name and address of the owner and the driver of the vehicle.
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1 (2) The license number of the vehicle.
2 (3) The name of the liability carrier for the vehicle, the name, address, and
3 telephone number of the insurance agent who procured the liability policy providing
4 coverage for the vehicle.
5 E.(1) Every law enforcement officer who investigates an accident shall initial
6 the accident report form to show that the officer has complied with the provisions of
7 Subsection D of this Section, and shall indicate on the accident report form whether
8 the investigation is made at the scene of the accident or by subsequent investigation
9 and interviews.
10 (2) C. Within forty-eight hours after completing the investigation, the
11 investigating law enforcement officer agency shall forward a written copy of the
12 crash report of the accident to the Department of Public Safety and Corrections or
13 data contained in the report to the Department of Transportation and Development.
14 However, if the accident crash occurred within the corporate limits of a city or town,
15 the enforcement office investigating law enforcement agency shall forward a written
16 copy of the crash report of the accident to the police department of the city or town
17 and a duplicate report to the Department of Public Safety and Corrections
18 Transportation and Development within forty-eight hours after completing the
19 investigation.
20 F. D.(1) The state police, any local police department, or any sheriff's office
21 shall provide copies of crash reports to any interested person upon request and may
22 charge a fee, not to exceed the sum of five dollars per report that does not exceed two
23 pages, and not to exceed twenty dollars, inclusive of all service fees and other
24 charges, per report that exceeds two pages.
25 (2) If the state police establishes a lesser charge for electronic copies of crash
26 reports, then a local police department or sheriff's office shall charge the amount
27 established by state police for any electronic copies of crash reports provided
28 pursuant to for in this Subsection.
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1 (3) All data and reports shall be owned by the law enforcement agency who
2 created the report and all collective data shall be owned by the state of Louisiana.
3 Third party vendors under contract with a state or local agency shall not be
4 prohibited from selling individual crash reports on behalf of the agency. However,
5 third party vendors shall not sell or distribute any aggregated or compiled data
6 owned by the state of Louisiana.
7 G. E. The state police, any local police department, or any sheriff's office
8 shall provide copies of photographs of accidents crashes or other photographs
9 required of the investigating agency, video tapes recordings, audio tapes recordings,
10 and any extraordinary-sized documents, or documents stored on electronic media,
11 to any interested person upon request and may charge a reasonable fee for such
12 copies.
13 H. F. Every person holding the office of coroner in this state, or, in the event
14 of a vacancy in the office, the person performing the duties of coroner, shall report
15 to the Department of Public Safety and Corrections Transportation and Development
16 and to the Louisiana Highway Safety Commission the death of any person as a result
17 of a collision involving a motor vehicle, and the circumstances of the collision within
18 sixty days following such the death. Such reports shall be made on forms supplied
19 or approved by the department as provided for in Subsection I of this Section.
20 I. G. The Department of Public Safety and Corrections shall prepare and,
21 upon request, shall supply to police, coroners, sheriffs, and other suitable agencies
22 or individuals, forms for accident reports, calling for sufficient detailed information
23 to disclose, with reference to a highway accident, the cause, conditions then existing,
24 and the persons and vehicles involved. All accident reports required by this Section
25 shall be made on forms supplied or approved by the Department of Public Safety and
26 Corrections. Each accident report form supplied or approved by the department shall
27 contain directions to the investigating officer to instruct the parties to the accidents
28 to exchange information as required in Subsection D of this Section and shall contain
29 a place for the investigating officer to initial the report to indicate that he has given
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1 those instructions the office of state police, a municipal police department, the
2 sheriff's office, and any other suitable agency or individual, with electronic forms of
3 crash reports that provide sufficient detailed information to disclose, with reference
4 to a highway crash, the cause, conditions then existing, and the persons and vehicles
5 involved. All crash reports required pursuant to this Section shall be provided on
6 electronic forms approved by the Department of Public Safety and Corrections. The
7 Department of Public Safety and Corrections shall establish the format required for
8 crash reports.
9 J. H.(1) The Department of Public Safety and Corrections Transportation and
10 Development shall receive accident crash data derived from the crash reports
11 required to be made by this Section and may tabulate and analyze such reports the
12 data and publish annually, or at more frequent intervals, statistical information based
13 thereon as to the number, cause, and location of highway accidents crashes.
14 (2) Based upon its findings after analysis, the department Department of
15 Transportation and Development may conduct further necessary detailed research
16 to determine more fully the cause and control of highway accidents crashes. It may
17 further conduct experimental field tests within areas in the state from time to time
18 occasionally to prove the practicality of various ideas advanced in traffic control and
19 accident crash prevention.
20 K.(1)(a) I.(1) The reports required by this Section, and the information
21 contained in the reports, shall be confidential, shall be exempt from the provisions
22 of R.S. 44:1 et seq., and shall be made available only: to the parties to the accident
23 crash, parents or guardians of a minor who is a party to the accident crash, and
24 insurers of any party which is the subject of the report; to the succession
25 representatives of those parties, or to the attorneys of the parties or succession
26 representatives; or to a news-gathering organization that requests documents related
27 to the accident a specific crash. Upon request, accident crash reports shall be made
28 available to the above-enumerated persons within seven working days following the
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1 completion of the accident crash investigation. For the purposes of this Subsection:
2 "news-gathering organization" means any of the following:
3 (i)(a) A newspaper, or news publication, printed or electronic, of current
4 news and intelligence of varied, broad, and general public interest, having been
5 published for a minimum of one year and that can provide documentation of
6 membership in a statewide or national press association, as represented by an
7 employee thereof who can provide documentation of his employment with the
8 newspaper, wire service, or news publication.
9 (ii) (b) A radio broadcast station, television broadcast station, cable
10 television operator, or wire service as represented by an employee thereof who can
11 provide documentation of his employment.
12 (b) In Orleans Parish, the local police department may charge a reasonable
13 fee, not to exceed the sum of twenty dollars, to provide copies of accident reports.
14 State departments and agencies shall not be required to pay such fee.
15 (2) All persons and their agents are prohibited from screening accident
16 reports if the person or his agent does not represent any of the persons involved in
17 a particular accident, the report for which could reasonably be expected to be
18 available. However, this limitation shall not prevent any person from requesting
19 particular reports regardless of whether the person represents any party in the
20 accident.
21 (3) (2) The information in the reports may be tabulated and included in the
22 statistical information published under the provisions of Subsection J H of this
23 Section.
24 (4) (3) Nothing in this Section shall prohibit the sale of police accident
25 reports or other driving record information to consumers of on-line driving records
26 under written contract for purchase of records with the Department of Public Safety
27 and Corrections.
28 (5) (4) The information in the reports may be used by the office of motor
29 vehicles for the purpose of maintaining operating records.
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1 L. J. Whenever any person is involved in an accident a crash resulting in
2 injury to or death of any person, or property damage in excess of five hundred dollars
3 and the law enforcement officer investigating the accident crash has reason to believe
4 that there exists a medical condition which constitutes cause for revocation or
5 suspension of a license under the provisions of R.S. 32:414(E), notification of such
6 medical condition shall be made to the medical/conviction unit of the office of motor
7 vehicles of the Department of Public Safety and Corrections, office of motor
8 vehicles, provided that the law enforcement officer first consults with his superior
9 officer as to his specific observations and such his superior officer concurs with the
10 issuing officer's belief.
11 M. K.(1) All police, state or local, shall immediately contact the Department
12 of Transportation and Development Development's district office or the local
13 roadway owner when called to the scene of an accident a crash where that
14 department's or local roadway owner's property has been damaged in an amount
15 which is estimated to exceed five hundred dollars.
16 (2) All Upon completion of the investigation, all police, state or local, shall
17 make available, at no cost to the Department of Transportation and Development or
18 the local roadway owner, forward copies of accident crash reports which that
19 indicate damage to property of the Department of Transportation and Development
20 or the local roadway owner. in an amount which is estimated to exceed five hundred
21 dollars to the department's headquarters maintenance division within six days of the
22 date of the accident without cost to the department.
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 381 Engrossed 2021 Regular Session Moore
Abstract: Modifies provisions relative to motor vehicle accident reports.
Proposed law changes references in present law from accident reports to crash reports.
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Present law requires that the driver of any vehicle involved in an accident resulting in injury
to or death of any person or total property damage to an apparent extent of $100 or more
forward a written report to the Dept. of Public Safety and Corrections (DPS&C) within 24
hours of the accident. Present law specifies that any person who violates the provisions of
present law may be imprisoned for not more than 60 days or fined not more than $100, or
both. Present law may require a driver involved in an accident to submit a supplemental
report if the original is deemed insufficient and may require witness reports.
Proposed law deletes present law.
Present law requires that every law enforcement officer who investigates an accident initial
the accident report form to show that he has complied with present law and requires the
officer indicate on the report whether the investigation is made at the scene of the accident
or by subsequent investigation and interview.
Proposed law deletes present law.
Present law requires the investigating law enforcement officer forward a written report of
the accident to the DPS&C within 48 hours after completing the investigation. Present law
further specifies that if the accident occurred within the corporate limits of a city or a town,
the investigating officer must forward a written copy of the report to the police department
of the city or town and duplicate a report for the DPS&C within 48 hours.
Proposed law modifies present law by requiring the investigating law enforcement agency
forward a copy of the crash report to the Dept. of Transportation and Development (DOTD)
within 48 hours after completing the investigation. Proposed law further specifies that if the
crash occurred within the corporate limits of a city or a town, the investigating agency must
forward a copy of the crash report to the police department of the city or town and duplicate
a report for the DOTD within 48 hours.
Present law authorizes any interested person to obtain a copy of a crash report from state
police, any local police department, or any sheriff's office upon request.
Proposed law deletes present law.
Proposed law specifies that all data and reports are owned by the law enforcement agency
who created the report and all collective data is owned by the state of La. Proposed law
authorizes third party vendors contracted with a state or local agency to sell individual crash
reports on behalf of the agency. Proposed law prohibits third party vendors from selling or
distributing any aggregated or compiled data owned by the state of Louisiana.
Present law requires that the coroner or the person performing the duties of the coroner
report the death of any person as a result of a collision involving a motor vehicle, and the
circumstances of the collision within 60 days following the death, to the DPS&C and the La.
Hwy. Safety Commission.
Proposed law modifies present law by requiring that the coroner or the person performing
the duties of the coroner report the death of any person as a result of a collision involving
a motor vehicle, and the circumstances of the collision within 60 days following the death,
to the DOTD.
Present law requires that the DPS&C prepare and, upon request, supply to police, coroners,
sheriffs, and other suitable agencies or individuals, forms for accident reports, calling for
sufficient detailed information to disclose, with reference to a highway accident, the cause,
conditions then existing, and the persons and vehicles involved. Additionally, specifies that
all accident reports required by present law be made on forms supplied or approved by the
DPS&C. Also, requires each accident report form supplied or approved by the department
contain directions to the investigating officer to instruct the parties to the accidents to
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exchange information as required in present law and must contain a place for the
investigating officer to initial the report which indicates that he has given those instructions.
Proposed law modifies present law to require that the DPS&C prepare and, upon request,
supply the office of state police, a municipal police department, the sheriff's office, and any
other suitable agency or individual, with electronic forms for crash reports that provide
sufficient detailed information to disclose, with reference to a highway crash, the cause,
conditions then existing, and the persons and vehicles involved.
Proposed law specifies that all crash reports required by present law be provided on
electronic forms approved by the DPS&C. Further requires the DPS&C establish the format
required for all crash reports.
Present law requires that DPS&C receive accident reports and authorizes the department to
tabulate and analyze the reports for annual publishing.
Proposed law modifies present law by requiring that the DOTD, instead of the DPS&C,
receive crash data derived from crash reports and authorizes the department to tabulate and
analyze the reports for annual publishing.
Present law authorizes the local police department in Orleans Parish to charge a reasonable
fee, not to exceed $20, to provide copies of accident reports and exempts state departments
from having to pay the fee.
Proposed law deletes present law.
Present law prohibits all persons and their agents from screening accident reports if the
person or his agent does not represent any of the persons involved in a particular accident
but specifies that the limitation must not prevent any person from requesting particular
reports regardless of whether the person represents any party in the accident.
Proposed law deletes present law.
Present law authorizes the sale of police accident reports or other driving record information
to consumers of on-line driving records under written contract for purchase of records with
the DPS&C.
Proposed law removes the sale of police accident reports from present law and only
authorizes the sale of driving record information to consumers of on-line driving records
under written contract for purchase of records with the DPS&C.
Present law requires all police, state or local, to immediately contact the DOTD district
office when called to the scene of an accident where that department's property has been
damaged in an amount which is estimated to exceed $500.
Proposed law requires all police, state or local, to immediately contact the DOTD district
office or the local roadway owner when called to the scene of an accident where that
department's or local roadway owner's property has been damaged.
Present law requires that all police, state or local, forward copies of the accident report
which indicates damage to property of the department to the department's headquarters
maintenance division within six days of the accident without cost to the department.
Proposed law requires that all police, state or local, make available, at no cost to the
department, copies of the crash report that indicates damage to property of the department
or the local roadway owner upon completion of the investigation.
(Amends R.S. 32:398)
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HB NO. 381
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Remove a provision that would have prohibited a third party from selling or
distributing any data contained in the crash reports.
2. Authorize a third party vendor under contract with a state or local agency to sell
individual crash reports on behalf of the agency. Prohibit third party vendors
from selling or distributing any aggregated or compiled data owned by the state
of Louisiana.
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