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 Reengrossed 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.
Present law requires the driver of any vehicle involved in an accident resulting in injury 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
authorizes imprisonment for not more than 60 days or a fine of not more than $100, or both, for any
person who violates the provisions of present law. Present law authorizes a driver involved in an
accident to submit a supplemental report if the original report is deemed insufficient and may require
witness reports.
Proposed law removes present law.
Present law requires every law enforcement officer who investigates an accident initial the accident
report form to show compliance with present law and requires the officer indicate on the report
whether the investigation was made at the scene of the accident or by subsequent investigation and
interview.
Proposed law removes 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 provides if
the accident occurred within the corporate limits of a city or a town, the investigating officer is
required to 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 is required to 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 removes 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. Authorizes third party vendors
contracted with a state or local agency to sell individual crash reports on behalf of the agency.
Prohibits third party vendors and contracted agents of law enforcement entities from selling any
aggregated or compiled data owned by the state of La. or a local law enforcement entity, unless
specifically authorized by the state of La.
Present law requires 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 the coroner or the person performing the duties of
the coroner forward the report to the DOTD.
Present law requires the DPS&C prepare and, upon request, supply to police, coroners, sheriffs, and
other suitable agencies or individuals, forms for accident reports, requiring specificity to disclose,
with reference to a highway accident, the cause, conditions then existing, and persons and vehicles
involved. Additionally, requires all accident reports be made on forms approved by the DPS&C,
and contain the investigating officer's initials and directions to instruct the parties to exchange
required information.
Proposed law modifies present law to require 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. Requires all crash reports 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 the DPS&C receive accident reports and authorizes the department to tabulate
and analyze the reports for annual publishing.
Proposed law modifies present law by changing the department to receive, tabulate, and analyze the
crash reports from the DPS&C to the DOTD.
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 provides a fee exemption for state
departments.
Proposed law removes 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 authorizes the sale
of driving record information to consumers of on-line driving records under written contract for the
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 modifies present law by also requiring the local roadway owner be called to the scene
of an accident where that department's or local roadway owner's property has been damaged.
Present law requires all police, state or local, forward copies, at no cost to the department, 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.
Proposed law requires 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.
Present law requires the information contained in reports be confidential and made available only
to parties to the report, the parties' insurers, and parents or guardians.
Proposed law modifies present law by also making the report available to an insurance support
organization under contract to provide claims and underwriting. Defines "insurance support
organization" as any person who regularly engages in the practice of collecting information about
a natural person for the purpose of providing the information to an insurance company or preventing
fraud in connection with insurance underwriting or claim activity.
(Amends R.S. 32:398)
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. The House Floor Amendments to the engrossed bill:
1. Add a provision that information contained in crash reports be made available to an
insurance support organization under contract to provide claims and underwriting.
2. Define "insurance support organization" as any person who regularly engages in the
practice of collecting information about a natural person for the purpose of providing the
information to an insurance company or preventing fraud in connection with insurance
underwriting or claim activity.
3. Remove the provision that prohibits third party vendors from selling or distributing any
aggregated or compiled data owned by the state of La.
4. Clarify that contracted agents of law enforcement entities, in addition to third party
vendors, cannot sell any aggregated or compiled data owned by the state of La. or a local
law enforcement entity, unless specifically authorized by the state of La.
5. Make technical changes.