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 Engrossed 2022 Regular Session Freeman
Abstract: Provides relative to the disclosure of investigative records to a victim of a sex offense.
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 the agency shall allow the review and copy of such records, if requested
by the victim of a sex offense or designated family member, unless the agency certifies in writing
that the records are subject to actual or reasonably anticipated criminal litigation.
Proposed law provides that the agency shall provide, to a victim of a sex offense or his family
member, any document that has been provided to any defendant after prosecution of a sex offense
has been initiated, unless the agency certifies in writing that the records are being withheld because
information in them could materially affect the prosecution or related investigation.
Proposed law provides that proposed law shall not be construed as prohibiting an agency from
allowing the release of the record to the victim or designated family member.
(Amends R.S. 44:3(A)(4)(b)(ii); Adds 44:3(K))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill: 1. Remove provisions of proposed law relative to access to records prepared by an attorney
acting on behalf of a public body and authorizing the custodian to redact mental
impressions and legal advice consistent with the attorney-client privilege from such
records.
2. Remove proposed law providing that present law does not prohibit release of any portion
of an investigation to a victim or family member unless the custodian determines that the
release would materially affect pending or anticipated criminal litigation and providing
that if such a determination was made the victim shall be entitled to receive a status
update on the charges and investigation within 10 days and prohibiting withholding a
report from a victim after a period of 45 days.
3. Add proposed law regarding a victim's access to records regarding a sex offense as
outlined in the above digest.