HLS 22RS-907 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 615
BY REPRESENTATIVE FREEMAN
LAW ENFORCEMENT: Provides relative to law enforcement records
1 AN ACT
2To amend and reenact R.S. 44:3(A)(4)(b)(ii) and R.S. 44:4(15) and to enact R.S. 44:3(K),
3 relative to public records; to provide relative to disclosure; to provide relative to law
4 enforcement investigative records; to provide for disclosure to certain individuals;
5 to provide relative to pending claims against the state; to provide for redaction of
6 records; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 44:3(A)(4)(b)(ii) and 44:4(15) are hereby amended and reenacted
9and R.S. 44:3(K) is hereby enacted to read as follows:
10 §3. Records of prosecutive, investigative, and law enforcement agencies and
11 communications districts
12 A. Nothing in this Chapter shall be construed to require disclosures of
13 records, or the information contained therein, held by the offices of the attorney
14 general, district attorneys, sheriffs, police departments, Department of Public Safety
15 and Corrections, marshals, investigators, public health investigators, correctional
16 agencies, communications districts, intelligence agencies, Council on Peace Officer
17 Standards and Training, Louisiana Commission on Law Enforcement and
18 Administration of Criminal Justice, or publicly owned water districts of the state,
19 which records are:
20 * * *
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1 (4)(a) The records of the arrest of a person, other than the report of the
2 officer or officers investigating a complaint, until a final judgment of conviction or
3 the acceptance of a plea of guilty by a court of competent jurisdiction. However, the
4 initial report of the officer or officers investigating a complaint, but not to apply to
5 any followup or subsequent report or investigation, records of the booking of a
6 person as provided in Code of Criminal Procedure Article 228, records of the
7 issuance of a summons or citation, and records of the filing of a bill of information
8 shall be a public record.
9 (b) The initial report shall set forth:
10 (i) A narrative description of the alleged offense, including appropriate
11 details thereof as determined by the law enforcement agency.
12 (ii) The name and identification of each and every person who is a witness
13 to, a suspect charged with, or arrested for the alleged offense.
14 * * *
15 K.(1) Nothing in this Section shall be construed as prohibiting the release of
16 any portion of the investigation to the victim, or a designated family member as
17 defined in R.S. 46:1842, unless the custodian determines that all or part of the release
18 would materially affect pending criminal litigation or any criminal litigation which
19 can be reasonably anticipated.
20 (2) If the custodian makes a determination that release would materially
21 affect pending criminal litigation or any criminal litigation which can be reasonably
22 anticipated, the victim shall be entitled to receive a status update on the charges and
23 investigation within ten days of such a determination. No custodian may withhold
24 a report from a victim under any circumstances after a period of forty-five days.
25 §4. Applicability
26 This Chapter shall not apply:
27 * * *
28 (15)(a) To any pending claims or pending claim files in the custody or
29 control of the office of risk management, division of administration, or similar
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HB NO. 615
1 records in the custody of any municipality or parish; to any information concerning
2 pending legal claims in the files of any attorney representing the state or any
3 municipality in connection with the office of risk management, division of
4 administration, or any office with similar responsibilities of any municipality or
5 parish; or to any pending claims relating to loss reserves maintained or established
6 by the office of risk management, division of administration, or any office with
7 similar responsibilities of any municipality or parish, for any claims or for losses
8 incurred but not reported; however, this Chapter shall be applicable to reserves as
9 reported in the financial statement of the office of risk management, division of
10 administration, or any municipality or parish. Nothing in this Paragraph shall be
11 construed or interpreted in a manner as to prevent or inhibit in any manner the
12 chairman and vice chairman of the Joint Legislative Committee on the Budget and
13 the litigation subcommittee of the Joint Legislative Committee on the Budget from
14 obtaining dollar amounts billed by and paid to contract attorneys and experts in
15 defense of claims against the state that the chairman or vice chairman, or the
16 subcommittee determines is necessary to perform functions and duties relative to the
17 evaluation of performance or the determination of budget policy; however, no
18 legislator or any committee of the legislature shall disclose any confidential
19 information so obtained that would jeopardize or have a detrimental effect on the
20 litigating position of the state.
21 (b) Nothing in this Section shall be construed to require the wholesale
22 exemption of any report, correspondence, or other document prepared by an attorney
23 acting on behalf of a public body. Whenever possible, the custodian may redact the
24 attorney's mental impressions and legal advice to the public body consistent with the
25 attorney-client privilege.
26 * * *
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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 615 Original 2022 Regular Session Freeman
Abstract: Provides relative to the disclosure of investigative records to victims and certain
other designated purposes and provides for the redacting of certain information.
Present law (R.S. 44:3) provides relative to records of law enforcement agencies. Present
law provides for circumstances where records are not required to be disclosed.
Present law provides that the arrest records of a person, other than the investigative police
report, shall not be disclosed until a final judgment of conviction or guilty plea. Present law
provides that the initial report of the officer's investigation records of the booking of the
person, records of the issuance of a summons or citation, and records of the filing of a bill
of information are public record.
Present law details what the initial report shall set forth including a narrative description of
the alleged offense and the name and identification of each person charged with or arrested
for the alleged offense.
Proposed law retains present law and provides that the report shall contain each and every
person who is a witness of the alleged offense.
Proposed law provides that present law shall not be construed as prohibiting the release of
the investigation to the victim or designated family member unless the custodian determines
that the disclosure would materially or reasonably anticipated to affect pending criminal
litigation.
Proposed law provides that if the custodian determines the release would affect or can be
reasonably anticipated to affect pending criminal litigation, the victim shall be informed
within 10 days of the determination. No custodian shall withhold a report from a victim
after 45 days.
Present law (R.S. 44:4) provides for public records exceptions. Present law (R.S. 44:4(15))
provides that certain records, including legal claims in attorney files, related to pending
claims in the custody of the office of risk management, division of administration, or
municipality or parish shall not be disclosed. Present law provides that the Joint Legislative
Committee on the Budget may obtain dollar amounts billed and paid to contract attorneys
and experts in defense of claims against the state.
Proposed law retains present law and provides that nothing in present law shall require the
wholesale exemption of any record prepared by an attorney acting on behalf of a public
body. Proposed law further provides that the custodian may redact whenever possible
mental impressions and legal advice consistent with the attorney-client privilege.
(Amends R.S. 44:3(A)(4)(b)(ii) and 4(15); Adds 44:3(K))
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