HLS 21RS-974 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 507
BY REPRESENTATIVE CREWS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/CRIMINAL: Provides for electronic filing in criminal cases
1 AN ACT
2To enact Code of Criminal Procedure Article 14.1(F), relative to electronic filing in criminal
3 cases; to authorize clerks of court to accept electronic filings; to provide for the
4 adoption and implementation of procedures for electronic filing; to provide for
5 public access to electronically filed pleadings and documents; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 14.1(F) is hereby enacted to read as
9follows:
10 Art. 14.1. Filing of pleadings and documents by facsimile or electronic transmission
11 * * *
12 F. The filings as provided in this Article and all other provisions of this Code
13 may be transmitted electronically in accordance with a system established by a clerk
14 of court or by the Louisiana Clerks' Remote Access Authority. When such a system
15 is established, the clerk of court shall adopt and implement procedures for the
16 electronic filing and storage of any pleading, document, or exhibit. Furthermore, in
17 a parish that accepts electronic filings covered under this Paragraph, the official
18 record shall be the electronic record. A pleading or document filed electronically is
19 deemed filed on the date and time stated on the confirmation of electronic filing sent
20 from the system, if the clerk of court accepts the electronic filing. Public access to
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-974 ORIGINAL
HB NO. 507
1 electronically filed pleadings and documents shall be in accordance with the rules
2 governing access to written filings.
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 507 Original 2021 Regular Session Crews
Abstract: Authorizes electronic filings in criminal cases.
Present law (C.Cr.P. Art. 14.1) provides that any document in a traffic or criminal action
may be filed with the clerk of court by facsimile transmission if permitted by the policy of
the clerk of court.
Present law provides that a filing shall be deemed complete at the time the facsimile
transmission is received by the clerk of court and provides additional requirements for
facsimile filing.
Present law provides that if the filing party fails to comply with any of the requirements of
present law, the facsimile filing shall have no force or effect.
Present law provides that each clerk of court shall make available the necessary equipment
and supplies to accommodate facsimile filing in criminal actions.
Present law (C.C.P. Art. 253(B)) provides that civil court filings may be transmitted
electronically in accordance with a system established by a clerk of court or by the La.
Clerks' Remote Access Authority, and further provides that when such a system is
established, the clerk of court shall adopt and implement procedures for the electronic filing
and storage of any pleading, document, or exhibit.
Present law (C.C.P. Art. 253(B)) provides that the official record shall be the electronic
record, and that a pleading or document filed electronically is deemed filed on the date and
time stated on the confirmation of electronic filing sent from the system, if the clerk of court
accepts the electronic filing.
Proposed law retains present law and adopts for criminal court filings the same authorization
as for present law civil court electronic filings.
(Adds C.Cr.P. Art. 14.1(F))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.