reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.35. Powers and duties of the Interstate Commission

RS 15:574.35 - Powers and duties of the Interstate Commission
The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.
(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.
(4) To enforce compliance with compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
(5) To establish and maintain offices.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, or contract for services of personnel, including but not limited to members and their staffs.
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including but not limited to an executive committee as required by R.S. 15:574.33 which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in R.S. 15:574.40.
(14) To sue and be sued.
(15) To provide for dispute resolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity.
(19) To establish uniform standards for the reporting, collecting, and exchanging of data.
Acts 2001, No. 606, §1, eff. June 19, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.39. Oversight, enforcement, and dispute resolution by the Interstate Commission

RS 15:574.39 - Oversight, enforcement, and dispute resolution by the Interstate Commission
A. The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.
B. The compacting states shall report to the Interstate Commission on issues or activities of concern to them and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states. The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
C. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in R.S. 15:574.42.
D. In accordance with the laws of the United States, the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the persons to be retaken. All legal requirements to extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state; however, if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. The duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states that are parties to this compact without interference.
Acts 2001, No. 606, §1, eff. June 19, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.40. Finance

RS 15:574.40 - Finance
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
Acts 2001, No. 606, §1, eff. June 19, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.41. Eligibility of compacting states, effective date, and amendment

RS 15:574.41 - Eligibility of compacting states, effective date, and amendment
A. Any state, as defined in R.S. 15:574.32, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
B. Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Acts 2001, No. 606, §1, eff. June 19, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.43. Severability and construction

RS 15:574.43 - Severability and construction
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provision of the compact shall be enforceable. The provisions of this compact shall be liberally constructed to effectuate its purposes.
Acts 2001, No. 606, §1, eff. June 19, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.44. Binding effect of compact and other laws

RS 15:574.44 - Binding effect of compact and other laws
A. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.
B. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
C. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
D. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Acts 2001, No. 606, §1, eff. June 19, 2002.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:574.45. Interstate transfer or travel of parolees or probationers; fees

RS 15:574.45 - Interstate transfer or travel of parolees or probationers; fees
A. Any parolee or probationer under the supervision of the Department of Public Safety and Corrections who requests to transfer his residence to another state pursuant to the Interstate Compact for Adult Offender Supervision shall pay to the department an application fee of one hundred fifty dollars.
B. Any funds collected pursuant to the provisions of this Section shall be used to defray the costs of returning to this state parolees and probationers who violate the conditions of supervision.
C. The Department of Public Safety and Corrections shall promulgate rules and procedures to implement the provisions of this Section.
Acts 2011, No. 217, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:575. Legislative findings and objectives

RS 15:575 - Legislative findings and objectives
The legislature hereby finds and declares that:
(1) The improvement of public safety and sound law enforcement and administration of criminal justice requires the complete and timely collection, processing, and dissemination of available information on crime, offenders, and the operations of the criminal justice system through a centralized system.
(2) It is in the public interest that to the greatest extent possible, government agencies at all levels concerned with the detection, apprehension, prosecution, sentencing, confinement, and rehabilitation of criminal offenders share among themselves available information relating to such offenders.
(3) Available computer and communications technology now enables the coordination, collection, storage, and dissemination of relevant information heretofore dispersed in separate files throughout the state.
(4) The reduction of crime, the protection of citizens and enforcement officers, and the need to improve the efficiency of the criminal justice system mandates the development and operation of a computer-based criminal justice information system in Louisiana.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:576. Definitions

RS 15:576 - Definitions
As used in this Chapter:
(1) The term "bureau" means the Louisiana Bureau of Criminal Identification and Information.
(2) The terms "criminal history record" or "criminal history record information" mean information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release. The terms do not include intelligence or investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system. The terms do not include records of juvenile criminal conduct.
(3) The term "criminal justice agency" means any government agency or subunit thereof, or private agency which, through statutory authorization or a legal formal agreement with a governmental unit or agency has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime; or which collects, stores, processes, transmits, or disseminates criminal history record or crime information. "Criminal justice agency" also includes the governor's office of human trafficking prevention.
(4) The term "criminal justice information system" means all agencies, procedures, mechanisms, media, and forms as well as the information itself which are or become involved in the origination, collection, transmittal, storage, retrieval, and dissemination of information related to offenses or offenders in Louisiana.
(5) The term "criminal justice system" means that body of agencies at the federal, state, or local level, which may legally arrest, detain, prosecute, adjudicate, treat, supervise, rehabilitate or release, or collect, store, process, transmit, or disseminate criminal history record or crime information.
(6) The term "FBI rap back system" means a service maintained by the Federal Bureau of Investigation to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2017, No. 362, §3; Acts 2020, No. 154, §1, eff. June 9, 2020; Acts 2023, No. 386, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:577. Bureau of criminal identification and information; creation and organization

RS 15:577 - Bureau of criminal identification and information; creation and organization
A. There is hereby created within the Department of Public Safety as a part of the office of state police, the Louisiana Bureau of Criminal Identification and Information. The bureau shall be administered by the deputy secretary who shall employ qualified commissioned officers of the state police to supervise the activities of the bureau under such terms and conditions as he may direct. The deputy secretary may appoint such other employees and employ such consultants as he deems necessary for the efficient operation of the bureau. The Louisiana Bureau of Criminal Identification and Information shall assume the functions, powers, and duties of the Bureau of Identification which prior to July 1, 1981 operated as a part of the office of state police.
B. Within the bureau, the following sections are hereby established:
(1) Criminal Records and Identification Section.
(2) Field Services and Quality Assurance Section.
(3) Latent Fingerprint Section.
The bureau may establish such units within each section as are necessary to carry out the provisions of this Chapter.
C. All data processing and related communications needs of the bureau shall be provided by the Data Processing Center and other facilities of the Department of Public Safety unless otherwise agreed by the deputy secretary.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:578.1. Pretrial diversion program for driving while intoxicated; criminal history records

RS 15:578.1 - Pretrial diversion program for driving while intoxicated; criminal history records
Pursuant to the provisions of R.S. 15:242, the prosecuting authority shall maintain a list of all persons arrested for a violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, and placed by the prosecuting authority into a pretrial diversion program. The arrest record and placement into the pretrial diversion or intervention program shall become a public record when the person successfully completes the pretrial diversion or intervention program or is terminated from the program. Such record shall be maintained for a period of five years from the date of arrest and shall not be subject to expungement or destruction during the period.
Acts 1997, No. 714, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:579. Rules and regulations

RS 15:579 - Rules and regulations
The bureau shall issue rules and regulations, consistent with United States Department of Justice requirements, the Constitution of Louisiana, the Code of Criminal Procedure, the Children's Code, and the Louisiana Revised Statutes of 1950, governing the maintenance of privacy and security of criminal history records and records of juvenile criminal conduct; governing access to and use of records maintained by the central repository; governing restrictions to access and use by authorized agencies or individuals of any state owned or operated system of communications utilized for transmitting criminal history record information to or from the bureau; and governing the purging of any information maintained by the bureau as permitted by law. Records of juvenile criminal conduct shall not be made a part of any state or local criminal background check.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2017, No. 362, §3.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:580. Forms; procedures; training; assistance

RS 15:580 - Forms; procedures; training; assistance
The bureau shall develop, print, and distribute forms and/or related procedures and regulations for the collection of any information or statistics which it is empowered to obtain to insure the correct reporting of data to the bureau. The bureau shall provide necessary technical assistance and training to all eligible reporting agencies in the appropriate procedures for completion of all forms and for submission of all information or statistics which the bureau may require. Upon request, the deputy secretary may direct employees or agents of the bureau to assist any criminal justice agency to establish a local system of identification and record management.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:581. Authorized audits and investigations

RS 15:581 - Authorized audits and investigations
With the written authorization of the deputy secretary, any employee or agent of the bureau, for purpose of audit or investigation of violations of any provisions herein, or any official rule or regulation of the bureau, shall be granted access by any public or private criminal justice agency collecting, processing, storing, or maintaining any documents, or automated, microfilmed, or manual records containing, or which may reasonably be expected to be used to substantiate and verify, any information or statistics the bureau is empowered to require from such public or private criminal justice agency. Upon written authorization of the deputy secretary, any employee or agent of the bureau may enter any institution to which persons have been committed, who have been convicted of crime, or declared to be criminally insane or to be delinquents with intellectual disabilities, to take or cause to be taken fingerprints or photographs or to make investigations relative to any person confined therein, for the purpose of obtaining information which will lead to the identification of criminals.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2014, No. 811, §7, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:582. Civil identification files

RS 15:582 - Civil identification files
The bureau may accept and file the names, fingerprints, photographs, and other personal identification data submitted to local criminal justice agencies by the individuals or submitted by parents on behalf of their children for the purpose of securing a more certain and easy identification in case of death, injury, loss of memory, or change in appearance. Upon the application of a person identified under the provisions of this Section to the local criminal justice agency, all data received under this Section with relation to him shall be surrendered to the requesting criminal justice agency.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:583. Transmission of information

RS 15:583 - Transmission of information
The bureau may transmit any information in its possession which the deputy secretary shall designate, to any person or agency eligible to receive it under any provision of this Chapter. For this purpose the bureau shall operate and coordinate a modern system of communications which may be required in the normal conduct of its duties.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:584. Cooperation with federal and other state agencies

RS 15:584 - Cooperation with federal and other state agencies
A. The bureau shall cooperate with the United States Department of Justice and other federal criminal justice agencies and with similar agencies in other states and cities toward developing a comprehensive state, interstate, national, and international system of criminal information, identification, investigation, records, and statistics.
B.(1) The Legislature of Louisiana approves and ratifies the National Crime Prevention and Privacy Compact, 34 U.S.C. 40316, and the compact shall remain in effect in this state until legislation is enacted renouncing the compact.
(2) The bureau shall execute, administer, and implement the compact on behalf of the state and may adopt necessary rules, regulations, and procedures for the national exchange of criminal history records for noncriminal justice purposes as those terms are defined by the compact.
(3) Ratification of the compact does not affect the obligations and responsibilities of the bureau as set forth in the provisions of this Chapter regarding the dissemination of criminal history record information within the state.
C.(1) For the sole purpose of assisting with the study and evaluation of the creation and implementation of a procedure for automated criminal history record-clearing in Louisiana, the bureau may cooperate with nonprofit partners providing technical assistance to the Clean Slate Task Force established by House Resolution No. 67 of the 2020 Regular Session of the Legislature.
(2) This Subsection shall cease to be effective on August 1, 2022.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2018, No. 121, §1; Acts 2020, 2nd Ex. Sess., No. 5, §1, eff. Oct. 20, 2020.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:585. Admissibility of bureau records in evidence

RS 15:585 - Admissibility of bureau records in evidence
Any original record including fingerprints, pictures, photographs, other documents or data, or any copy thereof, when certified by the deputy secretary or his authorized representative, shall be admissible as evidence in all criminal cases in courts of this state. Any certified record, or copy thereof, received by the court shall be received as prima facie proof of its contents and proper and accurate collection and custody; provided, when the record is presented for admission into evidence it is accompanied by a statement signed by the deputy secretary or his authorized representative which specifies:
(1) The date on which the record was received by the bureau.
(2) The agency of origin of each record.
(3) The nature or type of record received and by what method of transfer.
(4) The date the bureau compiles the record for the purpose of evidence.
(5) The name of the bureau employee who prepares the record for admission as evidence.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:586. Authority to purge records of the central repository

RS 15:586 - Authority to purge records of the central repository
Except for the provisions of R.S. 44:9, no records of the bureau may be permanently destroyed until five years after the person identified is known or reasonably believed to be dead. Upon the official issuance of appropriate rules and regulations, the bureau may retire or remove from active dissemination to eligible agencies records of any individual beyond the age of sixty, who has had no reported criminal arrest for a period of fifteen years from the last reported official release from the criminal justice system.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:587.1.1. Portability of criminal history information for licensed child care facilities

RS 15:587.1.1 - Portability of criminal history information for licensed child care facilities
A. When a prospective employer requests criminal history information pertaining to an individual applying for a position of supervisory or disciplinary authority over children in a child care facility in accordance with the provisions of R.S. 15:587.1, or to an independent contractor who performs work in a child care facility, the individual applicant shall receive a certified copy of his criminal history information upon written request to the Louisiana Bureau of Criminal Identification and Information. A certified copy of the criminal background check shall be deemed to satisfy the requirements of R.S. 15:587.1 for each facility requesting criminal history information for a period of one year from the date of issuance of the certified copy. To defer the costs of providing the certified copy, the bureau may collect a fee in accordance with the provisions of R.S. 15:588.
B. For purposes of this Section, "independent contractor" means any person who renders professional, therapeutic, or enrichment services such as educational consulting, athletic, or artistic services within a child care facility, whose services are not integral to either the operation of the child care facility or to the care and supervision of children. Independent contractors may include but are not limited to dance instructors, gymnastic or sports instructors, computer instructors, speech therapists, licensed health care professionals, state-certified teachers employed through a local school board, art instructors, and other outside contractors. A person shall not be deemed an independent contractor if he is considered an employee or statutory employee of the child care facility pursuant to Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950.
Acts 2010, No. 508, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:587.4. Authority of municipal or parish fire department, a fire protection district, or a volunteer fire department; criminal history information

RS 15:587.4 - Authority of municipal or parish fire department, a fire protection district, or a volunteer fire department; criminal history information
A.(1) A municipal or parish fire department, a fire protection district, or a volunteer fire department, referred to in this Section as a "fire department", may require any person who applies to work with a fire department as a paid employee or as a volunteer to supply fingerprint samples and submit to a criminal history records check to be conducted by the office of state police within the Department of Public Safety and Corrections.
(2) When a criminal history records check is requested pursuant to Paragraph (1) of this Subsection, the fire department shall be provided with state or national criminal history record information or both from the Louisiana Bureau of Criminal Identification and Information and the Federal Bureau of Investigation relative to any applicant seeking to work with a fire department as a paid employee or as a volunteer whose fingerprints have been obtained by the department pursuant to this Section. The Bureau of Criminal Identification and Information shall upon request and after receipt of fingerprint cards and other identifying information as required by the bureau from the fire department make available to the fire department the information contained in the bureau's criminal history record and identification files, which pertains to the applicant. In addition, when the fire department 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.
B. A fee of twenty-six dollars shall be charged by the bureau for furnishing information contained in the bureau's criminal history record and identification files, which pertains to the applicant. The additional cost of providing the national criminal history records check shall be charged by the bureau, and the fees shall be paid by the person seeking to work with a fire department.
C. Any person who is requested to comply with the requirements set forth in Subsection A and refuses to do so shall be prohibited from working with a fire department as a paid employee or as a volunteer.
Acts 2003, No. 735, §1, eff. June 27, 2003.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:588. Right of individual access

RS 15:588 - Right of individual access
The bureau shall adopt rules and regulations which provide a means for any individual, his authorized representative, or his attorney if he is physically incapable of appearing at the bureau, to view, obtain a certified copy, make notes, and administratively challenge the accuracy and contents of his personal criminal history information record and to seek corrections. The bureau may levy a reasonable fee of not less than ten dollars for this purpose, which fees shall be collected by the bureau, paid into the state treasury, and appropriated to the bureau, all in accordance with the provisions of R.S. 15:584, and shall be used by the bureau to supplement normal operating expenses and to expand the services which the bureau is required to furnish under the provisions of this Chapter. Any increase in such fee shall be adopted pursuant to the Administrative Procedure Act, R.S. 49:950 et seq. The authorization provided in this Section for an individual, his authorized representative, or his attorney to obtain a certified copy of his criminal history information record shall become effective only upon the adoption of rules by the department pursuant to the Administrative Procedure Act.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 1986, No. 869, §1; Acts 1992, No. 984, §5; Acts 2008, No. 642, §1; Acts 2009, No. 116, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:589. Duty to maintain security

RS 15:589 - Duty to maintain security
The bureau shall adopt rules and regulations which shall establish necessary control over any data processing or telecommunication system, facilities and personnel recruitment and such processing or communication related assignment policies of the department as become necessary to ensure compliance with all applicable security standards at the state and national level for storage and transmission of criminal history record information. To the maximum extent feasible, the bureau shall regulate through the design, implementation, and operation of the criminal justice information system the privacy and security of information contained herein.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:590. Obtaining and filing fingerprint and identification data

RS 15:590 - Obtaining and filing fingerprint and identification data
The bureau shall obtain and file the name, fingerprints, description, photographs, and any other pertinent identifying data as the deputy secretary deems necessary, of any person who meets any of the following:
(1) Has been or is hereafter arrested, formally indicted, or taken into custody in this state for any of the following:
(a) Any offense which is a felony and certain misdemeanor offenses designated by the deputy secretary.
(b) Any violation of any ordinance which the bureau shall determine to be substantially related to or the equivalent of any offense described under state law as a felony offense.
(c) Any other offense which the deputy secretary may designate.
(2) Is or becomes confined to any prison, penal institution, correctional facility, or institution for the criminally insane.
(3) After death, has become a human corpse which is unidentified or involved in any autopsy or inquest by a coroner.
(4) Is a fugitive from justice.
(5) Is or has been a habitual offender.
(6) Has been arrested, or has been issued a summons, for any offense that is defined in R.S. 15:603 as a felony, felony-grade delinquent act, or other specified offense.
(7) Has been arrested, or has been issued a summons, for a violation of R.S. 14:98, 98.1, 98.2, 98.3, 98.4, 98.6, or any offense for operation of a vehicle while intoxicated, including local ordinances pertaining to operating a motor vehicle while intoxicated.
(8) Has been arrested, or has been issued a summons and subsequently convicted, for a violation of any state law or local ordinance that prohibits the use of force or a deadly weapon against any family member or household member as those terms are defined by R.S. 14:35.3 or that prohibits the use of force or violence against a dating partner as defined by R.S. 14:34.9.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2014, No. 299, §1; Acts 2015, No. 440, §2; Acts 2017, No. 84, §2; Acts 2022, No. 334, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:591. Submission of information; statistics; data

RS 15:591 - Submission of information; statistics; data
It shall be the obligation of every criminal justice agency to collect and submit the name, fingerprints, description, photographs, and other identifying data on persons lawfully arrested, indicted, or taken into custody in this state as required by the bureau with respect to all offenses described in R.S. 15:590. Upon notification, every criminal justice agency, coroner, correctional facility, prison, penal institution, institution for the criminally insane, or private criminal justice agency lawfully empowered to perform any arrest, detention, treatment, supervision, or any official function on behalf of the criminal justice system shall collect and report to the bureau in such manner as prescribed, any statistics, reports, lists of stolen property or fugitives, criminal history records, or any other information the deputy secretary may require under authority of any provision of this Chapter, rule, or regulation issued pursuant thereto. In addition, each coroner shall transmit to the bureau all statistics and information as prescribed regarding autopsies performed, inquests held, and verdicts rendered.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:592. Submission of fingerprints and identification data

RS 15:592 - Submission of fingerprints and identification data
Each law enforcement agency empowered to arrest or take into custody any individual described in R.S. 15:590 shall obtain and forward to the bureau two sets of legible fingerprints and other identification data as required by the bureau within seventy-two hours after arrest and booking. However, this period may be extended to cover any intervening official holiday or weekend.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 1991, No. 106, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:593. Prohibition against destruction of records

RS 15:593 - Prohibition against destruction of records
Notwithstanding the provisions of Code of Criminal Procedure Articles 893 and 894, and except in accordance with the provisions set forth in Title XXXIV of the Code of Criminal Procedure or Children's Code Articles 917 through 926, no judge or other official shall order the expungement, sealing, alteration, or destruction of any report or record of the bureau or of any agency subject to reporting requirements of the bureau.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 2017, No. 362, §3.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:594. Access to records

RS 15:594 - Access to records
Each criminal justice agency subject to reporting requirements of the bureau shall, upon request by any authorized agent of the bureau, provide reasonable access to any record of such agency for the purpose of audit or to substantiate the accuracy of any record or statistics which the bureau is empowered to collect.
Acts 1981, No. 449, §1, eff. July 1, 1981.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:596. Penalties

RS 15:596 - Penalties
A. Any head of an agency subject to the provisions of this Chapter who, after written notification by an authorized representative of the bureau, shall neglect or refuse to make any report or to do any act required by any provision of this Chapter shall be deemed guilty of nonfeasance in office and shall be subject to removal or a fine of not less than two thousand dollars nor more than five thousand dollars for each offense, or both.
B. Any individual who shall acquire or distribute any criminal history record, pursuant to this Chapter and except as authorized by law and in accordance with applicable rules and regulations of the bureau, shall be fined not less than five hundred nor more than one thousand dollars, and may be imprisoned for not more than three months for each offense, or both.
C. Any individual who transmits false information, withholds information, or prevents the transmission of information shall be fined not less than five hundred nor more than one thousand dollars, and may be imprisoned for not more than five years with or without hard labor for each offense, or both.
D. In addition to any criminal penalties, the deputy secretary is empowered to make reasonable administrative sanctions as he deems appropriate against those agencies who fail to comply with the provisions of this Chapter. Such sanctions may include, but are not limited to, loss of access to equipment and files maintained by the bureau.
Acts 1981, No. 449, §1, eff. July 1, 1981; Acts 1999, No. 816, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:598. Criminal Identification and Information Dedicated Fund Account

RS 15:598 - Criminal Identification and Information Dedicated Fund Account
All fees imposed and collected pursuant to R.S. 15:587 or any other provision of law in this Chapter shall be forwarded upon receipt to the state treasurer for immediate deposit into the state treasury. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required in this Section shall be credited to a special statutorily dedicated fund account hereby created in the state treasury designated as the Criminal Identification and Information Dedicated Fund Account. All monies in this account shall annually be appropriated by the legislature to the state police, may be withdrawn only pursuant to such appropriation, and shall be used solely and exclusively by the state police to assist in carrying out the provisions of this Chapter and for special law enforcement initiatives. Monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund. Interest earned on the investment of monies shall be credited to this account following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund. All unexpended and unencumbered monies in the account at the end of each fiscal year shall remain in the account. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
Acts 2002, 1st Ex. Sess., No. 118, §1, eff. April 23, 2002; Acts 2003, No. 735, §1, eff. June 27, 2003; Acts 2003, No. 1052, §1; Acts 2014, No. 524, §2; Acts 2021, No. 114, §3, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:601. Short title

RS 15:601 - Short title
This Chapter shall be known as the "DNA Detection of Sexual and Violent Offenders Act".
Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:602. Legislative findings and objectives

RS 15:602 - Legislative findings and objectives
The Louisiana Legislature finds and declares that DNA data banks are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, and in deterring and detecting recidivist acts. More than forty states have enacted laws requiring persons arrested for or convicted of certain crimes, especially sex offenses, to provide genetic samples for DNA profiling. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations and in the identification of missing persons, to assist in the recovery or identification of human remains from disasters, and to assist with other humanitarian identification purposes. It is therefore in the best interest of the state to establish a DNA data base and a DNA data bank containing DNA samples submitted by individuals arrested, convicted, or presently incarcerated for felony sex offenses and other specified offenses.
Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:603. Definitions

RS 15:603 - Definitions
For purposes of this Chapter, the following terms shall have the following meanings:
(1) "CODIS" means Combined DNA Index System, the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories.
(2) "Criminal justice agency" means any criminal justice agency as defined in R.S. 15:576(3).
(3) "Deputy secretary" means the deputy secretary of the Department of Public Safety and Corrections, public safety services, or the commander of the Louisiana State Police.
(4) "DNA" means deoxyribonucleic acid, which is located in cells and provides an individual's personal genetic blueprint and which encodes genetic information that is the basis of human heredity and forensic identification.
(5) "DNA record" means DNA identification information stored in the state DNA data base or the Combined DNA Index System for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample which is of value in establishing the identity of individuals.
(6) "DNA sample" means a blood, tissue, or bodily fluid sample provided by any person with respect to offenses covered by this Chapter or submitted to the state police criminalistics laboratory pursuant to this Chapter for analysis or storage, or both.
(7) "FBI" means the Federal Bureau of Investigation.
(8) "Felony" means any crime for which an offender may be sentenced to death or imprisonment at hard labor.
(9) "Felony-grade delinquent act" means an offense that if committed by an adult, may be punished by death or by imprisonment at hard labor.
(10) "Other specified offense" means a commission of the following:
(a) A violation of R.S. 14:34.2 through 34.5.
(b) A violation of R.S. 14:35 through 37.
(c) A violation of R.S. 14:37.3.
(d) A violation of R.S. 14:38.
(e) A violation of R.S. 14:38.2.
(f) A violation of R.S. 14:40.2.
(g) A violation of R.S. 14:43.1.1.
(h) A violation of R.S. 14:67.16.
(i) A violation of R.S. 14:80.1.
(j) A violation of R.S. 14:81.4.
(k) A violation of R.S. 14:82.
(l) A violation of R.S. 14:83 through 83.1.
(m) A violation of R.S. 14:83.3 through 83.4.
(n) A violation of R.S. 14:85.
(o) A violation of R.S. 14:92.
(p) A violation of R.S. 14:95.
(q) A violation of R.S. 14:95.8.
(r) A violation of R.S. 14:107.2.
(s) A violation of R.S. 14:284.
(t) A violation of R.S. 14:329.2.
(11) "State police" means the office of state police or the state police criminalistics laboratory.
Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999; Acts 2003, No. 487, §1, eff. June 20, 2003; Acts 2010, No. 209, §1; Acts 2018, No. 126, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:604. Powers and duties of state police

RS 15:604 - Powers and duties of state police
In addition to any other powers and duties conferred in this Chapter, the state police shall:
(1) Be responsible for the policy management and administration of the state DNA identification record system to support law enforcement agencies and other criminal justice agencies.
(2) Promulgate rules and regulations to carry out the provisions of this Chapter.
(3) Provide for liaison with the FBI and other criminal justice agencies in regard to the state's participation in CODIS or in any DNA data base designated by the state police.
Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.