2018 Louisiana Laws
TITLE 15 - Criminal Procedure
RS 15:587.7 - Volunteer and employee criminal history system
§587.7. Volunteer and employee criminal history system
A. The Louisiana Bureau of Criminal Identification and Information shall implement a volunteer and employee criminal history system to allow qualified entities to access state and federal criminal history records on certain individuals in the absence of specific statutory provisions regarding access to criminal history record information. For purposes of this Section, the following definitions shall apply:
(1) "Bureau" means the Louisiana Bureau of Criminal Identification and Information located within the Department of Public Safety and Corrections, public safety services, office of state police.
(2) "Care" means treatment, education, training, instruction, supervision, or recreation services provided to children, the elderly, or individuals with disabilities.
(3) "Individual" means a person who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity who meets either of the following requirements:
(a) Is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity.
(b) Owns or operates, or seeks to own or operate, a qualified entity.
(4) "Individuals with disabilities" means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.
(5) "Qualified entity" means a business or organization, whether public or private, operated for profit, operated not-for-profit, or voluntary, which provides care or care placement services, including a business or organization that licenses or certifies individuals to provide care or care placement services.
B.(1) A qualified entity must register with the bureau before submitting a request for criminal history records under this Section.
(2) Each qualified entity may require an individual to submit to a criminal history records check to be conducted by the bureau. Fingerprints and other identifying information from the individual shall be submitted to the bureau by the individual.
(3) When a criminal history records check is requested by a qualified entity pursuant to Paragraph (1) of this Subsection, the bureau shall provide the qualified entity with the state criminal history record information of the individual subject to the inquiry. In addition, when the qualified entity requests national criminal history records checks, the bureau shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history records check and shall provide the qualified entity with the national criminal history record information of the individual subject to the inquiry.
C. National and state criminal history records checks are to be used by the qualified entity to determine the suitability of the individual to have access to children, the elderly, or individuals with disabilities served by the qualified entity. The determination of suitability shall be solely made by the qualified entity. This Section does not require the bureau to make a determination on behalf of any qualified entity.
D. The cost of providing the information required under this Section shall be charged by the bureau, as specified in R.S. 15:587(B), to the individual subject to the inquiry for furnishing information contained in the bureau's criminal history and identification files, including any additional costs of providing the national criminal history records check which pertain to the individual.
E. The qualified entity shall maintain the confidentiality of the federal and state criminal history information in accordance with applicable federal and state laws.
F. A qualified entity shall not be liable for damages solely for failing to obtain the information authorized under this Section. Except in instances of gross negligence or willful and wanton misconduct, the state, any political subdivision of the state, or any agency, officer, or employee of the state or a political subdivision shall not be liable for damages for providing the information requested under this Section.
G. The bureau is hereby authorized to adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to carry out the provisions of this Section for those qualified entities who choose to obtain federal and state criminal history record information pursuant to this Section.
Acts 2018, No. 376, §1, eff. Jan. 1, 2019.