Louisiana 2024 2024 Regular Session

Louisiana House Bill HB380 Comm Sub / Analysis

                    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 380 Engrossed	2024 Regular Session	Zeringue
Abstract: Provides relative to electronic civil and criminal case filings.
Present law creates the Louisiana Clerks' Remote Access Authority (LCRAA) to provide for
infrastructure, governance, standard operating procedures, technology, and training to support a
statewide portal for secure remote access by internet users to certain records maintained by LCRAA
members, to provide assistance to LCRAA members in procuring,
implementing, enhancing, and maintaining equipment, supplies, and services related to technology
to facilitate electronic transactions and communications, and to disseminate information to the
public, to facilitate the operations of any member during any declared emergency, and to provide for
document preservation.
Proposed law retains present law and adds the requirement of maintenance in order to support a
statewide portal with a universal interface system for secure remote access by internet users to
certain records maintained by LCRAA members.
Proposed law requires every district clerk of court to have the electronic filing system in place no
later than Jan. 1, 2026.
Proposed law requires LCRAA to use the filing fee collected by LCRAA to maintain the electronic
filing system.
Present law provides for the membership of the LCRAA board.
Proposed law retains present law.
Proposed law requires every clerk of court to submit information regarding electronic filing system
capabilities and costs to LCRAA and further requires LCRAA to compile and submit the information
to the legislature no later than Jan. 1, 2025.
Present law allows for any document in a civil, traffic, or criminal action to be filed with the clerk
of court by facsimile transmission.
Proposed law allows for any document in a civil, traffic, or criminal action to be filed with the clerk
of court by facsimile transmission until Jan. 1, 2026.
Present law allows for any document in a civil, traffic, or criminal action to be filed electronically in accordance with a system established by a clerk of court or LCRAA.
Proposed law requires, beginning Jan. 1, 2026, that all documents in a civil, traffic, or criminal
action filed by an attorney be transmitted electronically in accordance with a system established by
a clerk of court or LCRAA.
Proposed law provides that upon adoption of uniform filing standards by the LCRAA, no clerk of
court shall accept a filing not in accordance with the standards.
(Amends R.S. 13:754(A)-(D) and (F) and 850(A), C.C.P. Art. 253(B) and (D), and C.Cr.P. Art.
14.1(A); Adds C.C.P. Art. 253(I) and C.Cr.P. Art. 14.1(G))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Add the requirement of maintenance in order to support a statewide portal with a
universal interface system for secure remote access by internet users to certain records
maintained by LCRAA members.
2. Provide that the LCRAA adopt the uniform filing standards.