Provides that certain criminal history records are public records and for accessibility thereto (OR +$176,400 SG EX See Note)
Impact
The passage of HB 574 is poised to impact state laws significantly by formalizing the status of criminal conviction records as public documents. This change would enhance public access to such records while establishing clear guidelines on how these records are to be managed and disseminated. With the implementation of a standardized fee for obtaining these records, HB 574 also aims to generate revenue that can be used for the Bureau's operational expenses. The legislation does not include records that have been expunged, thus preserving the confidentiality of those whose convictions have been erased from the public record.
Summary
House Bill 574 aims to establish the accessibility of records of criminal convictions as public records through the Louisiana Bureau of Criminal Identification and Information (BCII) and various law enforcement agencies. The bill specifies that individuals seeking these records will be required to provide personal information regarding the subject, such as name and date of birth, to streamline the retrieval process. A fee of $26 will be assessed for each request, contributing to the funding of record maintenance. The legislation mandates that law enforcement agencies will only provide electronic records and will not be liable for damages when furnishing these records.
Sentiment
The sentiment surrounding HB 574 appears to be generally supportive, particularly among legislators advocating for transparency in the criminal justice system. Proponents argue that making criminal records accessible can assist various entities, including employers and licensing boards, in making informed decisions. However, concerns may arise regarding the potential misuse of accessible information, particularly affecting individuals who were convicted but are attempting to reintegrate into society. The sentiment reflects a balance between fostering public access to information while potentially safeguarding vulnerable individuals' reputations.
Contention
Notable points of contention may arise around the implementation of the fee structure and the limitations on records that can be accessed. Critics might argue that the $26 fee could be a barrier for some individuals seeking basic information, particularly those who may have been impacted by the justice system. Additionally, the focus on electronic records may sideline the needs of populations less familiar with technology or those who lack immediate access to electronic resources. The bill's provisions regarding liability limits for law enforcement agencies could also spark debate regarding accountability and the accuracy of the information shared.
Provides relative to criminal history records checks for agencies with access to federal tax information, criminal history record information, or state issued REAL ID information (EN INCREASE GF EX See Note)
Provides for access to criminal history records and identification files by the office of technology services. (8/1/22) (EN SEE FISC NOTE SG RV See Note)