§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 S
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§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.