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ACT No. 1862026 Regular Session
HOUSE BILL NO. 1012 (Substitute for House Bill No. 843 by Representative Boyd)
BY REPRESENTATIVES BOYD, BAYHAM, BILLINGS, CARRIER, WILFORD
CARTER, CHASSION, FISHER, DANA HENRY, JORDAN, KNOX, LAFLEUR,
TERRY LANDRY, LARVADAIN, LYONS, MARCELLE, MARTINEZ, MOORE,
MURRAY, NEWELL, TAYLOR, AND WILEY AND SENATORS BARROW,
BOUDREAUX, CLOUD, JACKSON-ANDREWS, JENKINS, LUNEAU, MIZELL,
AND PRICE
1 AN ACT
2 To enact R.S. 44:11.2(A)(10) and (K), relative to public records; to limit access to the
3 personal information of a victim of a sex offense; to provide for definitions; to create
4 the Sexual Assault Survivor Empowerment and Privacy Protection Act; to provide
5 relative to time delays related to the removal of published personal information; to
6 provide for criminal penalties; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 44:11.2(A)(10) and (K) are hereby enacted to read as follows:
9 §11.2. Limited access to personal information for protected individuals
10 A. As used in this Section, the term "protected individual" shall mean:
11 * * *
12 (10) A victim of a sex offense as defined in R.S. 15:541.
13 * * *
14 K.(1) A request made by a victim of a sex offense as provided in Subsection
15 E of this Section shall include with it a police report, protective order, or final
16 judgment indicating that the person is or is alleged to be a victim of a sex offense.
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1 (2) A person shall not knowingly publish the personal information of a
2 victim of a sex offense if he knows or reasonably should know that publishing the
3 personal information poses an imminent and serious threat to the protected individual
4 and the publishing of the personal information results in any of the following:
5 (a) An assault in any degree.
6 (b) Harassment.
7 (c) Trespass.
8 (d) Malicious destruction of property.
9 (3)(a) Notwithstanding Subsection F of this Section, not later than five days
10 after receiving a request as provided by Subsection E of this Section from a victim
11 of a sex offense, the public body shall acknowledge receipt of the request in writing
12 by certified mail or by email and take steps reasonably necessary to ensure that the
13 personal information is not published.
14 (b) Notwithstanding Subsection F of this Section, if the personal information
15 of a victim of a sex offense was published prior to receipt of a request as provided
16 in Subsection E of this Section, the public body shall provide for the removal of the
17 personal information of the victim within seventy-two hours after acknowledgment
18 of receipt of the request or provide to the victim a reason in writing why the request
19 has not been fulfilled.
20 (4) Notwithstanding Subsection I of this Section, a person who violates this
21 Section as it relates to personal information of a victim of a sex offense is guilty of
22 a misdemeanor and on conviction is subject to imprisonment not exceeding eighteen
23 months or a fine not exceeding five thousand dollars, or both. Neither this provision
24 nor any other penalty provision provided for in this Section shall apply to a public
25 body.
26 Section 2. The legislature recognizes the importance of empowering those
27 individuals who are victims of sex offenses and the need to protect their privacy and
28 personal information from disclosure. It is therefore the intent of the legislature to enact
29 statutory provisions to limit public access to personal information of victims of sex offenses
30 and to provide for legal consequences for the unauthorized release of this information. This
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1 Act shall be known and may be cited as the "Sexual Assault Survivor Empowerment and
2 Privacy Protection Act."
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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