Louisiana Revised Statutes 14:133.7 – Publication of certain criminal record information or juvenile record information prohibited
Terms Used In Louisiana Revised Statutes 14:133.7
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
A.(1) No person or business entity shall:
(a) Publish confidential juvenile record information or confidential criminal record information of a child.
(b) Publish any criminal history record or criminal history record information in the person’s or business entity’s possession with respect to which the person or business entity has received notice that either:
(i) An order of expungement has been entered pursuant to Code of Criminal Procedure Article 971 et seq.
(ii) An order of nondisclosure has been issued by a court of competent jurisdiction.
(c) Charge a fee to remove, correct, or modify any criminal history record or criminal history record information that the person or business entity has published.
(d) Continue to publish an incomplete or inaccurate criminal history record or inaccurate criminal history record information.
(2) A person or business entity does not violate this Section if the person or business entity published confidential juvenile record information or confidential criminal record information of a child and:
(a) The child who is the subject of the records gives written consent to the publication on or after the child reaches the age of eighteen years.
(b) The publication of the information is authorized or required by any other provision of law.
B.(1) A person or business entity shall ensure that a criminal history record or criminal history record information that the person or business entity publishes is complete and accurate.
(2) For purposes of this Section, a criminal history record or criminal history record information published by a person or business entity is considered:
(a) “Complete” if the information reflects the notations of arrest and the filing and disposition of criminal charges, as applicable.
(b) “Accurate” if the information reflects the most recent information received by the entity from a law enforcement agency, criminal justice agency, or any other governmental entity within sixty days preceding the date of publication.
(3) The person or business entity shall clearly and conspicuously publish an email address, facsimile transmission number, or mailing address in order to enable a person who is the subject of a criminal history record or criminal history record information published by the person or business entity to dispute the completeness or accuracy of the published information.
(4) If a person or business entity receives a dispute regarding the completeness or accuracy of a criminal history record or criminal history record information from a person who is the subject of the published information, the person or business entity shall, within thirty business days of receiving the notice of the dispute, verify with the appropriate law enforcement agency, criminal justice agency, or any other governmental entity, without cost to the person, the disputed information.
(5) If the person or business entity finds an incomplete or inaccurate criminal history record or inaccurate criminal history record information after conducting an investigation as prescribed by this Section, the person or business entity shall promptly remove the inaccurate information from the website or other publication or shall promptly correct the information, as applicable.
(6) The person or business entity shall provide written notice to the person who disputed the completeness or accuracy of published information of the results of an investigation conducted under this Section not later than the fifth business day after the date on which the investigation is completed.
C.(1) If a person or business entity receives a written notice from any person that the person or business entity is publishing information in violation of this Section, the person or business entity shall immediately remove the information from the website or publication.
(2) If the person or business entity confirms that the information is not confidential juvenile record information or confidential criminal record information of a child and the publication of the information is not otherwise prohibited, the person or business entity may republish the information.
D.(1) Except as provided in Paragraph (2) of this Subsection, this Section shall apply to:
(a) A person or business entity that publishes a criminal history record or criminal history record information, including information originally obtained pursuant to a public records request or purchased or otherwise obtained from a law enforcement agency, criminal justice agency, or any other governmental entity.
(b) A person or business entity that publishes confidential juvenile record information or confidential criminal record information of a child in any manner not permitted by Children’s Code Article 412 or other provision of law, regardless of the source of the information.
(2) This Chapter shall not apply to:
(a) Any statewide juvenile information sharing system authorized by Children’s Code Article 541 or other provision of law.
(b) A publication of general circulation or an internet website related to such a publication that contains news or other information, including a magazine, periodical newsletter, newspaper, pamphlet, or report.
(c) A radio or television station that holds a license issued by the Federal Communications Commission.
(d) A telecommunications provider.
(e) A movie, film, or audiovisual work.
E. For purposes of this Section:
(1) “Confidential criminal record information of a child” means information relative to a person’s involvement in the criminal justice system resulting from conduct that occurred or was alleged to occur when the person was younger than eighteen years of age and that is confidential pursuant to Children’s Code Article 412 or any other provision of law. This term does not include:
(a) A criminal history record or criminal history record information of a person who is to stand trial as an adult for that conduct, as provided by Children’s Code Article 305 or any other provision of law.
(b) Records or information relating to a traffic offense.
(2) “Confidential juvenile record information” means information about a person’s involvement in the juvenile justice system that is confidential, sealed, under restricted access, or required to be destroyed under any provision of law, including:
(a) A description or notation of any referral to a juvenile probation department or court with jurisdiction over the juvenile, including any instances of being taken into custody, any informal disposition of a custodial or referral event, or any formal charges and the disposition of those charges.
(b) A photograph or photographs of the person taken pursuant to a custodial event or other involvement in the juvenile justice system.
(c) Personal identifying information of the person contained in any other records of the person’s involvement in the juvenile justice system.
(3) “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. These terms do not include intelligence or investigatory purposes, nor does it include any identification information that does not indicate involvement of the individual in the criminal justice system. These terms do not include records of juvenile criminal conduct. These terms include but are not limited to the following:
(a) A description or notation of any arrests, any formal criminal charges, and the dispositions of those criminal charges.
(b) A photograph or photographs of the person taken pursuant to an arrest or other involvement in the criminal justice system.
(c) Personal identifying information of a person displayed in conjunction with any other record of the person’s involvement in the criminal justice system.
(4) “Criminal justice agency” means any government agency or subunit thereof, or private agency that, 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 that collects, stores, processes, transmits, or disseminates criminal history record or crime information.
(5) “Juvenile justice system” means the system of public and private services in Louisiana that includes prevention, early identification, early intervention, child protection, law enforcement, prosecution, defense, adjudication, diversion and informal processing, probation, corrections, aftercare, transitional living, and other services provided to children and families who either are or are likely to be brought into a court with juvenile jurisdiction because of problems such as abuse, neglect or abandonment, mental illness, substance abuse, aspects of a divorce and breakup of families, predelinquency, social irresponsibility or delinquent behavior, or domestic abuse involving children.
(6) “Personal identifying information” means information that alone or in conjunction with other information identifies a person, including a person’s name, address, date of birth, photograph, and social security number or other government-issued identification number.
(7) “Publish” means:
(a) In the case of the records of adults, to communicate or make information available to another person on a publicly available internet website or in any other publication that charges a fee for the removal of the information.
(b) In the case of the records of a juvenile, to communicate or make information available to another person by any means, including but not limited to a publicly available internet website that charges a fee for the removal of the information.
F. Whoever violates any provision of this Section:
(1) On a first conviction shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
(2) On a second conviction shall be fined not more than five thousand dollars, or imprisoned for not more than one year, or both.
(3) On a third or subsequent conviction shall be fined not more than ten thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than one year, or both.
G. In addition to the penalties provided by Subsection F of this Section, a person or business entity that publishes information in violation of any provision of this Section shall be liable to pay restitution to the individual who is the subject of the information in an amount not to exceed five hundred dollars for each separate violation and, in the case of a continuing violation, an amount not to exceed five hundred dollars for each subsequent day on which the violation occurs.
H. Venue shall be appropriate in the jurisdiction where the subject of publication resides and where the offense was committed.
Acts 2018, No. 385, §1.