Title 15, Criminal Procedure

0 chapters · 1,041 sections in this title.

1,041 sectionsFiltered byTitle 15

La. Rev. Stat. § 15:587 Duty to provide information; processing fees; Louisiana Bureau of Criminal
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§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal Identification and Information A.(1)(a) The bureau shall make available upon request, or at other times as the deputy secretary shall designate, to any eligible criminal justice agency and the divisi…
La. Rev. Stat. § 15:587.1 Provision of information to protect children
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§587.1. Provision of information to protect children A.(1) As provided in R.S. 15:825.3, R.S. 17:8.9, 15, 407.42, and 407.71, Children's Code Article 424.1, and R.S. 46:51.2, any employer or others responsible for the actions of one or more persons who have been given or have app…
La. Rev. Stat. § 15:587.1.1 Portability of criminal history information for licensed child care facilities
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§587.1.1. Portability of criminal history information for licensed child care facilities A. When a prospective employer requests criminal history information pertaining to an individual applying for a position of supervisory or disciplinary authority over children in a child care…
La. Rev. Stat. § 15:587.1.2 Provision of information to protect children who receive services at a therapeutic
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§587.1.2. Provision of information to protect children who receive services at a therapeutic group home A.(1) As provided in R.S. 40:2008.10, the Louisiana Department of Health shall request in writing that the bureau supply information to ascertain whether the persons listed in …
La. Rev. Stat. § 15:587.2 Institutions of postsecondary education; criminal history information
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§587.2. Institutions of postsecondary education; criminal history information A. Each institution of postsecondary education may require any applicant or prospective employee to supply fingerprint samples and submit to a criminal history records check to be conducted by the Burea…
La. Rev. Stat. § 15:587.3 Volunteers and employees in youth-serving institutions or organizations; other
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§587.3. Volunteers and employees in youth-serving institutions or organizations; other youth coaches; criminal background information A.(1) A religious, charitable, scientific, educational, athletic, or youth-serving institution or organization may require any person who applies …
La. Rev. Stat. § 15:587.4 Authority of municipal or parish fire department, a fire protection district, or a volunteer fire department; criminal history information
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§587.4. Authority of municipal or parish fire department, a fire protection district, or a volunteer fire department; criminal history information A.(1) A municipal or parish fire department, a fire protection district, or a volunteer fire department, referred to in this Section …
La. Rev. Stat. § 15:587.5 Agencies with access to federal tax information; criminal history information
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§587.5. Agencies with access to federal tax information; criminal history information A. For purposes of this Section, "agency" means any agency that has an agreement with the Internal Revenue Service to access federal tax information or is authorized by law to audit the records …
La. Rev. Stat. § 15:587.6 Division of administration, office of technology services; access to criminal history
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§587.6. Division of administration, office of technology services; access to criminal history information or state-issued REAL ID Information A.(1) Pursuant to R.S. 39:15.1.2, current or prospective employees, contractors, or subcontractors of the division of administration, offi…
La. Rev. Stat. § 15:587.7 Volunteer and employee criminal history system
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§587.7. Volunteer and employee criminal history system A. The Louisiana Bureau of Criminal Identification and Information shall implement a volunteer and employee criminal history system to allow qualified entities to access state and federal criminal history records on certain i…
La. Rev. Stat. § 15:587.8 Access to criminal history system for victims of domestic abuse, victims of human
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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 obtai…
La. Rev. Stat. § 15:588 Right of individual access
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§588. Right of individual access The bureau shall adopt rules and regulations which provide a means for any individual, his authorized representative, or his attorney if he is physically incapable of appearing at the bureau, to view, obtain a certified copy, make notes, and admin…
La. Rev. Stat. § 15:589 Duty to maintain security
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§589. Duty to maintain security The bureau shall adopt rules and regulations which shall establish necessary control over any data processing or telecommunication system, facilities and personnel recruitment and such processing or communication related assignment policies of the …
La. Rev. Stat. § 15:589.1 Handling of information; juvenile criminal conduct
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§589.1. Handling of information; juvenile criminal conduct Any information on juvenile criminal conduct obtained by the bureau under this Title shall be handled in accordance with the provisions of Children's Code Articles 412, 414, and 917 through 926 and shall be made available…
La. Rev. Stat. § 15:590 Obtaining and filing fingerprint and identification data
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§590. Obtaining and filing fingerprint and identification data The bureau shall obtain and file the name, fingerprints, description, photographs, and any other pertinent identifying data as the deputy secretary deems necessary, of any person who meets any of the following: (1) Ha…
La. Rev. Stat. § 15:591 Submission of information; statistics; data
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§591. Submission of information; statistics; data It shall be the obligation of every criminal justice agency to collect and submit the name, fingerprints, description, photographs, and other identifying data on persons lawfully arrested, indicted, or taken into custody in this s…
La. Rev. Stat. § 15:592 Submission of fingerprints and identification data
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§592. Submission of fingerprints and identification data Each law enforcement agency empowered to arrest or take into custody any individual described in R.S. 15:590 shall obtain and forward to the bureau two sets of legible fingerprints and other identification data as required …
La. Rev. Stat. § 15:593 Prohibition against destruction of records
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§593. Prohibition against destruction of records Notwithstanding the provisions of Code of Criminal Procedure Articles 893 and 894, and except in accordance with the provisions set forth in Title XXXIV of the Code of Criminal Procedure or Children's Code Articles 917 through 926,…
La. Rev. Stat. § 15:594 Access to records
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§594. Access to records Each criminal justice agency subject to reporting requirements of the bureau shall, upon request by any authorized agent of the bureau, provide reasonable access to any record of such agency for the purpose of audit or to substantiate the accuracy of any r…
La. Rev. Stat. § 15:595 Duty to abide by regulations
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§595. Duty to abide by regulations Each agency subject to reporting requirements of the bureau shall abide by all rules and regulations adopted by the bureau pursuant to its authority. Acts 1981, No. 449, §1, eff. July 1, 1981.
La. Rev. Stat. § 15:596 Penalties
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§596. Penalties A. Any head of an agency subject to the provisions of this Chapter who, after written notification by an authorized representative of the bureau, shall neglect or refuse to make any report or to do any act required by any provision of this Chapter shall be deemed …
La. Rev. Stat. § 15:597 Disposition reporting
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§597. Disposition reporting A disposition report of all arrests shall be submitted to the bureau within thirty days following the termination of a case by the entity responsible for the termination. Acts 1991, No. 131, §1.
La. Rev. Stat. § 15:598 Criminal Identification and Information Dedicated Fund Account
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§598. Criminal Identification and Information Dedicated Fund Account All fees imposed and collected pursuant to R.S. 15:587 or any other provision of law in this Chapter shall be forwarded upon receipt to the state treasurer for immediate deposit into the state treasury. After co…
La. Rev. Stat. § 15:601 Short title
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§601. Short title This Chapter shall be known as the "DNA Detection of Sexual and Violent Offenders Act". Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.
La. Rev. Stat. § 15:602 Legislative findings and objectives
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§602. Legislative findings and objectives The Louisiana Legislature finds and declares that DNA data banks are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, and in deterring and detectin…
La. Rev. Stat. § 15:603 Definitions
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§603. Definitions For purposes of this Chapter, the following terms shall have the following meanings: (1) "CODIS" means Combined DNA Index System, the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records s…
La. Rev. Stat. § 15:604 Powers and duties of state police
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§604. Powers and duties of state police In addition to any other powers and duties conferred in this Chapter, the state police shall: (1) Be responsible for the policy management and administration of the state DNA identification record system to support law enforcement agencies …
La. Rev. Stat. § 15:605 State DNA data base
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§605. State DNA data base There is hereby established the state DNA data base. It shall be administered by the state police and provide DNA records to the FBI for storage and maintenance by CODIS. The state DNA data base shall have the capability provided by computer software and…
La. Rev. Stat. § 15:606 State DNA data bank
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§606. State DNA data bank There is hereby established the state DNA data bank. It shall serve as the repository of DNA samples collected under this Chapter. Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.
La. Rev. Stat. § 15:607 State police recommendation of additional offenses
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§607. State police recommendation of additional offenses The state police may recommend to the legislature that it enact legislation for the inclusion of additional offenses for which DNA samples shall be taken and otherwise subjected to the provisions of this Chapter. In determi…
La. Rev. Stat. § 15:608 Procedural compatibility with FBI
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§608. Procedural compatibility with FBI The DNA identification system as established by the state police shall be compatible with the procedures specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software. Acts 1997, No…
La. Rev. Stat. § 15:609 Drawing or taking of DNA samples
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§609. Drawing or taking of DNA samples A.(1) A person who is arrested for a felony or other specified offense, including an attempt, conspiracy, criminal solicitation, or accessory after the fact of such offenses on or after September 1, 1999, shall have a DNA sample drawn or tak…
La. Rev. Stat. § 15:610 Procedures for withdrawal, collection, and transmission of DNA samples
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§610. Procedures for withdrawal, collection, and transmission of DNA samples A. Each DNA sample required to be drawn or taken under this Chapter from persons who are arrested, incarcerated, or confined shall be drawn or taken at the place of booking, incarceration, or confinement…
La. Rev. Stat. § 15:611 Procedures for conduct, disposition, and use of DNA analysis
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§611. Procedures for conduct, disposition, and use of DNA analysis A. The state police shall prescribe procedures to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and typing results of DNA samples submitted pursuant to th…
La. Rev. Stat. § 15:612 DNA data base exchange
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§612. DNA data base exchange A. The state police shall receive, store, and perform analysis on DNA samples or contract for DNA typing analysis with a qualified DNA laboratory that meets the guidelines as established by the state police and shall classify and file the DNA record o…
La. Rev. Stat. § 15:613 Cancellation of authority to access or exchange DNA records
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§613. Cancellation of authority to access or exchange DNA records The state police, for good cause shown, may revoke or suspend the right of a forensic DNA laboratory within this state to access or exchange DNA identification records with criminal justice agencies. Acts 1997, No.…
La. Rev. Stat. § 15:614 Removal of records
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§614. Removal of records A. A person whose DNA record or profile has been included in the data base or data bank pursuant to this Chapter may request that his record or profile be removed on the following grounds: (1) The arrest on which the authority for including his DNA record…
La. Rev. Stat. § 15:615 Repealed by Acts 2003, No
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§615. Repealed by Acts 2003, No. 487, §3, eff. June 20, 2003.
La. Rev. Stat. § 15:616 Confidentiality of records
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§616. Confidentiality of records Unless otherwise provided, all DNA profiles and samples submitted to the state police pursuant to this Chapter shall be confidential. Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40, 1999 R.S., eff. June 21, 1999.
La. Rev. Stat. § 15:617 Disclosure prohibited
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§617. Disclosure prohibited A. Any person, by virtue of employment or official position, or any person contracting to carry out any functions under this Chapter, including any officer, employee, or agent of such contractor, who has possession of or access to individually identifi…
La. Rev. Stat. § 15:618 Criminal penalties
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§618. Criminal penalties A. Any person who violates R.S. 15:617(A) shall be fined not more than five hundred dollars or imprisoned with or without hard labor for not more than six months, or both. B. Any person who knowingly violates R.S. 15:617(B) shall be fined not more than fi…
La. Rev. Stat. § 15:619 Repealed by Acts 2003, No
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§619. Repealed by Acts 2003, No. 487, §3, eff. June 20, 2003.
La. Rev. Stat. § 15:620 Authority of law enforcement officers
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§620. Authority of law enforcement officers Nothing in this Chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA samples for law enforcement purposes. Acts 1997, No. 737, §1, eff. Sept. 1, 1999; H.C.R. No. 40…
La. Rev. Stat. § 15:621 Prohibition on destruction of evidence; certain cases
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§621. Prohibition on destruction of evidence; certain cases A. Prior to December 31, 2012, no criminal justice agency or clerk of court shall destroy any biological evidence in its possession in relation to the investigation, prosecution, or adjudication of any of the following e…
La. Rev. Stat. § 15:622 Sexual assault collection kits
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§622. Sexual assault collection kits A. As used in this Section: (1) "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 …
La. Rev. Stat. § 15:622.1 Sexual assault collection kits; prohibited use in criminal investigation of victim
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§622.1. Sexual assault collection kits; prohibited use in criminal investigation of victim Notwithstanding any other provision of law to the contrary, DNA obtained by a criminal justice agency from a sexual assault collection kit as defined in R.S. 15:622 shall not be compared wi…
La. Rev. Stat. § 15:623 Submission of sexual assault collection kits
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§623. Submission of sexual assault collection kits A. Within thirty days of receiving a sexual assault collection kit for a reported case, the criminal justice agency shall submit the sexual assault collection kit to a forensic laboratory for testing. B. If a prosecuting agency m…
La. Rev. Stat. § 15:624 Sexually oriented criminal offense data; reporting
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§624. Sexually oriented criminal offense data; reporting A.(1) By February fifteenth of each year, each criminal justice agency, including college and university campus police departments, shall report all of the following information for the prior calendar year to the Louisiana …
La. Rev. Stat. § 15:624.1 Submission of sexual assault collection kits
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§624.1. Submission of sexual assault collection kits A. The office of state police shall create and operate a statewide sexual assault collection kit tracking system. The office of state police may contract with public or private entities, including but not limited to private sof…
La. Rev. Stat. § 15:625 Material witness warrant data; reporting
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§625. Material witness warrant data; reporting A. By February fifteenth of each year, each district attorney or other prosecution agency shall report all of the following information for the prior calendar year to the Louisiana Commission on Law Enforcement and Administration of …