2019 Louisiana Laws
Revised Statutes
Title 15 - Criminal Procedure
§587.8. Access to criminal history system for victims of domestic abuse, victims of human trafficking, victims of dating violence, and victims of sexual assault.

RS 587.8 - Access to criminal history system for victims of domestic abuse, victims of human trafficking, victims of dating violence, and victims of sexual assault.

A. In order to protect the integrity and the security of the family court and civil court system and in order to obtain evidence in furtherance of Code of Evidence Article 412.5, a licensed attorney who is counsel of record in a case involving a victim of domestic abuse, human trafficking, dating violence, or sexual assault shall be allowed to access state criminal history records on a certain individual who is a party or a witness in the civil cases in which the attorney is counsel of record.

B. For purposes of this Section, the following definitions shall apply:

(1) "Attorney" means an attorney who is licensed by the Louisiana State Bar Association and who is the counsel of record in a civil case as defined in Paragraph (3) of this Subsection.

(2) "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.

(3) "Civil case" means a case filed in family court or other court of competent jurisdiction where civil cases are heard related to allegations of domestic abuse, dating violence, family violence, violence against a child, violence against a spouse, sexual assault, or human trafficking, including but not limited to all of the following:

(a) A civil case for an injunction or protective order sought pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2161 et seq., R.S. 46:2171 et seq., or R.S. 46:2181 et seq., Children's Code Article 1564 et seq., or Code of Civil Procedure Articles 3604 or 3607.1.

(b) A civil case whereby evidence is admissible, pursuant to Code of Evidence Article 412.5, related to acts of domestic abuse as defined in R.S. 46:2132, family violence as defined in R.S. 9:362, dating violence as defined in R.S. 46:2151, or sexual abuse as defined in R.S. 9:362.

(c) A civil case to obtain recovery and damages for a victim of human trafficking, pursuant to 18 U.S.C. 1595, or any other civil proceeding involving the victims of human trafficking.

(d) A civil case filed pursuant to Title V of Book I of the Civil Code.

(4) "Criminal history records" means the state criminal history records maintained by the bureau.

(5) "Individual" means a person who is a party to or a witness in a civil case provided for in Paragraph (3) of this Subsection.

(6) "Pro se litigant" is a party representing himself.

(7) "Witness" means a person who is not a party to the case but who may be awarded custody or visitation of the child or who has had contact or may have future contact with the child, the alleged victim, or the alleged perpetrator of domestic abuse, human trafficking, dating violence, or sexual assault.

C.(1) An attorney, or his licensed investigator who is assigned to the case and who is subject to the provisions of R.S. 15:587(A)(1)(c), may submit a request for a criminal history records check to be conducted by the sheriff related to a case in which the attorney is counsel of record in a civil case. The attorney, or his licensed investigator, shall submit identifying information related to the individual to the sheriff including the full legal name, date of birth, or any other identifying information that the attorney may possess.

(2)(a) In addition to the individual's identifying information, the attorney shall submit in his letter of request to the sheriff all of the following information related to the case:

(i) The name and the Louisiana State Bar Association bar roll number of the attorney making the request.

(ii) The name of the case, the suit number, and the judicial district of the court for which the attorney is making the request.

(b) If the attorney or his licensed investigator wilfully or intentionally misrepresents the civil case information required in this Paragraph, the attorney or his licensed investigator shall be subject to criminal prosecution for filing false public records pursuant to R.S. 14:133.

D.(1) In order to ensure equal protection under the law, a pro se litigant may obtain the same information that an attorney may obtain in Subsection C of this Section so long as the pro se litigant obtains an ex parte court order from the judge assigned to the civil case, in which the pro se litigant is a party, authorizing the pro se litigant to obtain criminal history information on an individual. The pro se litigant may then submit the judge's order for a request for a criminal history records check to be conducted by the sheriff related to the civil case in which the pro se litigant is a party to the civil case. The pro se litigant shall submit identifying information related to the individual to the sheriff including the full legal name, date of birth, and any other identifying information that the pro se litigant may possess.

(2) In addition to the individual's identifying information, the pro se litigant shall submit in his letter the name of the case, the suit number, and the judicial district of the court for which the pro se litigant is making the request along with the judge's order.

(3) If the pro se litigant wilfully or intentionally misrepresents the civil case information required in Subparagraph (C)(2)(a) of this Section, the pro se litigant shall be subject to criminal prosecution for filing false public records pursuant to R.S. 14:133.

E. When a criminal history records check is requested by an attorney, a licensed investigator, or a pro se litigant pursuant to this Section, the sheriff shall provide the attorney, the licensed investigator, or the pro se litigant with the state criminal history record information of the individual subject to the inquiry.

F. State criminal history records checks, obtained pursuant to this Section, are to be used by the attorney or pro se litigant in conjunction with the civil case to which the information is sought and may be disclosed only to the court or opposing counsel or in court proceedings related to the civil case.

G.(1) The cost of providing the information required under this Section shall be charged by the sheriff to the requesting person as that amount is specified in R.S. 15:587(D).

(2) When the sheriff performs the criminal history records check pursuant to this Section, he shall enter the code "D" in the question space concerning the purpose of the inquiry so that the bureau may record the nature of the inquiry for auditing purposes.

H. The attorney, licensed investigator, pro se litigant, and any other person with access to the information shall maintain the confidentiality of the state criminal history information and shall use the information only for those purposes provided for in this Section.

I. No person shall maintain a cause of action for liability against the state, the sheriff, any political subdivision of the state, or any agency, officer, deputy, or employee of the state, the sheriff, or a political subdivision for providing the information requested in accordance with this Section.

Acts 2019, No. 259, §1, eff. June 11, 2019.