House Bill No. by Representative Coates amends existing laws regarding the confidentiality of criminal history records. The bill modifies R.S. 40:1203.4(B) and (C) and introduces new sections R.S. 40:1203.4(D) and (E). Notably, it removes the provision that allowed for the release of criminal history records with the written consent of the person being investigated, now requiring a court order that specifically directs a law enforcement agency to disseminate such information. Additionally, the bill eliminates the requirement for the destruction of criminal history records one year after employment termination and prohibits employers from sending copies of criminal history checks to other employers seeking referrals, regardless of consent.

Furthermore, the bill mandates that each employer must obtain their own state and national criminal history record checks in compliance with existing laws. It emphasizes adherence to applicable state and federal regulations governing criminal history information, including specific federal guidelines from the Federal Bureau of Investigation (FBI). Importantly, the bill clarifies that it does not authorize the redissemination of criminal history record information obtained from the FBI, thereby reinforcing the confidentiality and security of such records.

Statutes affected:
HB622 Original: 40:4(B)