Abstract: Provides relative to the availability of video and audio recordings generated by law
enforcement and, provides, if there is a suit relative to the production of a public record, for
the judge to determine if there was no reasonable basis for the denial of the record in order
to award attorney fees and costs of litigation.
Present law (Public Records Law) establishes a framework for the ready availability of public
records to requesting persons and specifically provides that it is the duty of the custodian of the
public records of a public entity or agency to provide copies to persons so requesting. Provides for
certain exceptions, exemptions, and limitations.
Present law provides that certain specified records of prosecutory, investigative, law enforcement
agencies, and other specified agencies are not required to be disclosed. Present law further
specifically provides that video or audio recordings generated by law enforcement officer body-worn
cameras that are found by the custodian to violate an individual's reasonable expectation of privacy
are exempt from disclosure.
Proposed law retains present law and adds an exemption for video or audio recordings generated by
vehicle mounted cameras or other devices.
Present law provides a definition for a body-worn camera. Proposed law repeals present law.
Present law provides that body-worn camera video or audio recordings that are determined by the
custodian to violate an individual's reasonable expectation of privacy shall be disclosed upon a
determination and order from a court of competent jurisdiction. Proposed law removes the specific
reference to body-worn cameras to make the provision applicable to all video or audio recordings.
Present law provides that body-worn camera video or audio recordings generated while the law
enforcement officer is not acting in the scope of his official duties shall not be subject to disclosure
when the disclosure would violate a reasonable expectation of privacy. Proposed law retains present
law.
Present law provides that all costs of production associated with a court-ordered disclosure shall be
set by the court. Proposed law repeals present law.
Present law provides that a person who has been denied the right to inspect or copy a public record
may institute proceedings for the issuance of a writ of mandamus, injunctive, or declaratory relief,
together with attorney fees, costs, and damages, in the district court for the parish in which the office
of the custodian of the record is located.
Present law provides that a person who prevails in a suit seeking the right to inspect, copy, or
reproduce a record or to receive or obtain a copy or reproduction of a public record shall be awarded
reasonable attorney fees and other costs of litigation. Provides if the person prevails in part, the
court may in its discretion award the prevailing person reasonable or appropriate attorney fees.
Proposed law retains present law and adds the prerequisite that the person's request be denied by the
custodian based on an exception. Further provides that a person shall be awarded reasonable
attorney fees and other costs of litigation if the judge determines the custodian had no reasonable
basis for the denial.
Present law provides that a person who prevails in a suit brought by a public body or official based
on the person's request to inspect, copy, or reproduce a record or to receive or obtain a copy or
reproduction of a public record shall be awarded attorney fees and other costs of litigation. Provides
that the court may use discretion in awarding the prevailing person reasonable or appropriate attorney
fees.
Proposed law provides instead for the award of reasonable attorney fees and other costs of litigation
in a suit brought by the public body or official if the judge determines the custodian had no
reasonable basis for the denial.
(Amends R.S. 44:3(A)(8) and 35(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill:
1. Provide for the mandatory award of attorney fees and costs of litigation if the judge
determines there was no reasonable basis for the denial by the custodian.
2. Remove "potentially violate" from the exception allowing a custodian not to disclose
video or audio recordings generated by law enforcement that violate an individual's
reasonable expectation of privacy.


Statutes affected:
HB470 Original: 44:3(A)(8), 44:35(D)
HB470 Engrossed: 44:3(A)(8), 44:35(D)