RS 13:5992

551 words·~3 min read·/la/title-13/13-2019

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RS 13:5992

§5992. Truth and Transparency in the Louisiana Criminal Justice System Program; creation, authority, and duties

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