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Terms Used In Louisiana Revised Statutes 13:5992

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

            A. The Truth and Transparency in the Louisiana Criminal Justice System Program is hereby established under this Chapter.

            B. For purposes of this program, each district clerk of court shall have the following duties and obligations:

            (1) Each district clerk of court responsible for maintaining criminal records shall provide the public electronic access to all minute entries as defined in Subsection C of this Section, or summary thereof, involving any and all matters in criminal court for any case filed on or after January 1, 2020, by transmission to the online portal maintained by the Louisiana Clerks’ Remote Access Authority pursuant to La. Rev. Stat. 13:754. No other records or images, other than the minute entries or summary thereof, are required to be transmitted in accordance with this Section. The provisions of this Paragraph shall not apply to traffic violations.

            (2)(a) Notwithstanding any other provision of law to the contrary, including but not limited to Children’s Code Article 412, each district clerk of court and the clerk of the Juvenile Court for the Parish of Orleans as defined in La. Rev. Stat. 13:1587.1 who is responsible for juvenile court records shall transmit to the online portal maintained by the Louisiana Clerks’ Remote Access Authority all minute entries, or summary thereof, involving any and all cases involving juveniles accused of committing a crime of violence as defined in La. Rev. Stat. 14:2(B). Such cases and records shall remain open to the public thereafter unless sealed by a court of competent jurisdiction or unless and until such record is expunged. No other records or images, other than the minute entries or summary thereof, are required to be transmitted in accordance with this Section.

            (b) The provisions of this Paragraph shall be applicable only to cases filed on or after January 1, 2024.

            C. For purposes of this Chapter, the term “minute entries” shall include but not be limited to the following, if provided to the clerk of court:

            (1) Any information provided to the clerk of court regarding arrest or summons information relative to the defendant.

            (2) Any custody or bail decisions.

            (3) The filing, amendment, or dismissal of criminal charges.

            (4) Hearings on all motions or status conferences held in the matter.

            (5) Trial or adjudication proceedings.

            (6) Court or jury decisions on guilt or adjudication.

            (7) Any sentencing hearings, including the specific sentence or sentences imposed on each count or adjudication.

            (8) The date of the court proceeding.

            (9) The identity of the judge presiding.

            (10) The identity of the prosecutor present.

            (11) The identity of the defendant.

            D. Notwithstanding any provision of law to the contrary, the clerks of court and their employees and agents; the Louisiana Clerks’ Remote Access Authority, including its board members, employees, and agents; and any other state or local entity or political subdivision that is responsible for providing information to the clerks of court shall be immune from liability arising from any acts or omissions related to compliance with the provisions of this Section. The provisions of this Section shall not be construed to limit, withdraw, or overturn any other applicable defense or immunity available to public officials or public entities.

            Acts 2024, 2nd Ex. Sess., No. 15, §1, eff. March 6, 2024.