Louisiana 2024 2024 Regular Session

Louisiana House Bill HB380 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 694 (HB 380) 2024 Regular Session	Zeringue
Existing 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.
New law 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.
New law requires every district clerk of court to have the electronic filing system in place no
later than Jan. 1, 2026.
New law requires LCRAA to use the filing fee collected by LCRAA to maintain the
electronic filing system.
Existing law provides for the membership of the LCRAA board.
New law decreases the size of the membership of the board from seven to six members by
removing the designee of the La. Banking Assoc.
New 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.
Existing law allows for any document in a civil, traffic, or criminal action to be filed with
the clerk of court by facsimile transmission.
New 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.
Existing 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.
New law requires, beginning Jan. 1, 2026, that all documents in a civil, traffic, or criminal
action filed by an attorney be transmitted electronically through the system selected by the
filing attorney in accordance with the system established by a clerk of court or LCRAA.
Provides for the adoption of a system to retain certain original documents and exhibits and
permits the conversion of any documents filed in civil, traffic, and criminal actions by the
clerk of court.
New law prohibits the clerk of court from refusing to accept for filing any pleading or other
document that is signed by electronic signature and executed in connection with court
proceedings, or that complies with the procedures for electronic filing implemented pursuant
to this Article, solely on the ground that the pleading or document was signed by electronic
signature.  Provides further that upon adoption of uniform filing standards by the LCRAA,
no clerk of court shall accept a filing not in accordance with the adopted standards.
New law requires, beginning Jan. 1, 2027, that all filings as provided in existing  law and all
other provisions of existing law filed by an attorney shall be transmitted electronically
through the system selected by the filing attorney in accordance with the system established
by a clerk of court or by the LCRAA.
New 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, and prohibits including
certain private information in the filings. New law provides that Sections 2 and 3 of new law shall become effective only if Senate Bill
No. 75 of the 2024 Regular Session is not enacted.
New law provides that Sections 4 and 5 of new law shall become effective only if Senate Bill
No. 75 of the 2024 Regular Session is enacted.
Effective January 1, 2026.
(Amends R.S. 13:754(A)-(D) and (F) and 850(A), C.C.P. Art. 253 , and C.Cr.P. Art. 14.1;
Adds C.Cr.P. Art. 14.2)