Louisiana Revised Statutes 18:171 – Report of convictions of felony
Terms Used In Louisiana Revised Statutes 18:171
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. The clerk of a court having jurisdiction over a criminal proceeding shall record in the minute book in his office each conviction of a felony for which there is an order of imprisonment and for which the person is incarcerated pursuant to the order and the name, aliases, date of birth, sex, and address of the person subject to the conviction. This recordation shall be made immediately after the judgment is signed.
B.(1) If requested, the sheriff and district attorney shall provide information regarding a person convicted of a felony to a registrar of voters, if available, including the convicted felon’s date of birth, driver’s license number, address, mother’s maiden name, the type of felony offense, and whether the conviction resulted in an order of imprisonment pursuant to which the person is incarcerated.
(2) If requested, the secretary of the Department of Public Safety and Corrections or his authorized representative shall provide information to a registrar of voters regarding a person who is under an order of imprisonment for conviction of a felony, including whether the person is under an order of imprisonment for conviction of a felony offense of election fraud or any other election offense pursuant to La. Rev. Stat. 18:1461.2 and whether the person has been incarcerated pursuant to the order within the last five years.
C.(1) The secretary of the Department of Public Safety and Corrections shall send to the Department of State a report, certified as correct over his signature or the signature of his authorized representative, containing the name, date of birth, sex, and address as such information exists in the database of any person currently under the custody or supervision of the Department of Public Safety and Corrections who meets either of the following:
(a) The person is under an order of imprisonment for conviction of a felony and has been incarcerated pursuant to the order within the last five years.
(b) The person is under an order of imprisonment for conviction of a felony offense of election fraud or any other election offense pursuant to La. Rev. Stat. 18:1461.2.
(2) The secretary of the Department of Public Safety and Corrections shall send to the Department of State supplemental reports, certified as correct over his signature or the signature of his authorized representative, containing the required information for persons described in Paragraph (1) of this Subsection who were not included in the report sent pursuant to Paragraph (1) of this Subsection or in any subsequent supplemental report.
(3) Upon receipt of any report, the Department of State shall confirm that the information therein has been entered into the department’s databases and provide for correction, if necessary.
(4) The Department of State shall send to the registrar of voters of each parish such information received from the Department of Public Safety and Corrections on no less than a quarterly basis.
D. If a conviction recorded by a clerk pursuant to this Section is overturned, the clerk of court shall give written notice of the vacation of the judgment to the appropriate registrar of voters.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 544, §1, eff. Jan. 1, 1978; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1991, No. 261, §1; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2004, No. 526, §1, eff. Jan. 1, 2005; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2017, No. 143, §1, eff. Feb. 1, 2018; Acts 2021, No. 127, §1, eff. Feb. 1, 2022.