Louisiana 2018 Regular Session

Louisiana Senate Bill SB388

Introduced
3/2/18  
Refer
3/2/18  
Refer
3/12/18  

Caption

Provides relative to the commercial use of certain criminal records. (8/1/18)

Impact

If enacted, SB 388 will significantly reshape how criminal and juvenile records are handled and disclosed in Louisiana. The bill imposes duties on businesses engaged in the publication of such information, mandating them to verify the completeness and accuracy of the criminal records they publish. Any violations could lead to civil penalties, including claims for damages from individuals whose information has been improperly published. This mandates business entities to be accountable and responsive to disputes, potentially changing the landscape for businesses that operate within this sector.

Summary

Senate Bill 388 provides new regulations regarding the publication of certain criminal and juvenile records by business entities. It establishes clear definitions of what constitutes confidential criminal record information and juvenile record information, prohibiting the publication of such information unless it adheres to strict criteria set forth in the bill. Important provisions include requirements for accuracy and completeness of the published information, ensuring that individuals can dispute any inaccuracies reported by these business entities. While the bill aims to enhance the protection of sensitive information, it allows for some exceptions based on consent or other legal provisions.

Sentiment

The sentiment surrounding SB 388 appears to be largely supportive among legislators seeking to protect the privacy of individuals with criminal records, especially minors. Advocates argue that the bill addresses a critical gap in privacy protection in an era where personal information can be easily disseminated. However, there may exist apprehensions among businesses in the information publication sector concerning the implications of maintaining compliance with these new regulations and the financial liabilities of potential violations.

Contention

One of the notable points of contention surrounding SB 388 lies in the balance between public information dissemination and individual privacy rights. Supporters emphasize the necessity of protecting juvenile records and preventing their exploitation in ways that could harm the individuals' future opportunities. Conversely, criticisms may arise from those concerned that overly stringent regulations could inhibit the ability of businesses to operate efficiently, particularly those reliant on public information. The bill sets a critical precedent in defining how sensitive personal information is treated in the public domain.

Companion Bills

No companion bills found.

Previously Filed As

LA SB384

Prohibits the publication of certain criminal information or juvenile record information. (8/1/18)

LA SB97

Provides for "clean slate" limited access to a person's criminal history record relative to certain misdemeanors. (1/1/20)

LA SB154

Provides with respect to the expungement of juvenile records. (8/1/12)

LA SB19

Provides relative to criminal history record information obtained by the Louisiana State Board of Medical Examiners. (8/1/19) (EN SEE FISC NOTE SD EX See Note)

LA HB506

Provides relative to juvenile records and proceedings

LA SB112

Provides procedure for expungement of certain criminal records. (gov sig)

LA HB375

Provides relative to criminal history record checks for certain licenses issued by the Louisiana Board of Pharmacy

LA HB1491

Relating to the publication of confidential criminal and juvenile justice records of certain juveniles; providing civil penalties.

LA SB291

Authorizes the Louisiana Real Estate Appraisers Board to access certain criminal history record information of applicants. (8/1/22)

LA HB514

Provides relative to the confidentiality and expungement of juvenile records

Similar Bills

LA HB391

Provides with respect to the disclosure of information regarding an adoption

NM SB230

Disclosure Of Certain Health Info

LA HB185

Authorizes the commissioner of insurance to maintain and to share confidential information with other state, federal, and international entities

LA HB222

Provides for the confidentiality of documents related to local and parish economic development projects

LA HB461

Provides for the confidentiality of documents related to local and parish economic development projects

LA SB217

Provides for the confidentiality of records disclosed to or by the commissioner of insurance during the course of an insurance receivership. (8/1/16)

LA HB199

Enacts the National Association of Insurance Commissioners' Corporate Governance Annual Disclosure Act (EN SEE FISC NOTE See Note)

LA HB209

Provides authority for legislative fiscal staff to access certain information from state agencies