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HLS 26RS-912 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 410
BY REPRESENTATIVES SCHLEGEL AND EDMONSTON
CIVIL/PROCEDURE: Requires notification of all parties to record in-person
communication
1 AN ACT
2 To enact Chapter 7 of Code Title IV of Book III of Title 9 of the Louisiana Revised Statutes
3 of 1950, to be comprised of R.S. 9:2790.1 through 2790.4, relative to in-person
4 communication; to provide for legislative intent; to provide for definitions; to require
5 individuals to be informed they are being recorded; to provide for penalties; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Chapter 7 of Code Title IV of Book III of Title 9 of the Louisiana Revised
9 Statutes of 1950, comprised of R.S. 9:2790.1 through 2790.4, is hereby enacted to read as
10 follows:
11 CHAPTER 7. UNIFORM FRAUDULENT TRANSFER ACT
12 ALL PARTY NOTIFICATION FOR IN-PERSON CONVERSATION
13 §2790.1. Legislative findings; declaration of purpose
14 A. The legislature finds that advances in consumer recording technology,
15 artificial intelligence, wearable devices, and automated transcription tools enable
16 interpersonal communications to be permanently preserved in digital form.
17 B. The legislature recognizes that modern technologies enable the creation
18 of permanent digital memory far beyond ordinary human recollection and the
19 legislature declares that individuals retain a reasonable expectation of privacy against
20 the undisclosed technological preservation of direct conversations.
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1 C. The legislature further finds that an individual who engages in a direct
2 conversation has a reasonable expectation that the conversation is not recorded or
3 transcribed unless notice is given, and that the undisclosed preservation and
4 dissemination of direct conversations undermines trust, autonomy, dignity, privacy,
5 and fairness in human interactions.
6 D. Recent incidents have highlighted the misuse of wearable recording
7 devices such as smart glasses for covertly filming individuals without their
8 knowledge. These recordings are often disseminated on social media platforms,
9 leading to harassment and violations of personal privacy.
10 E. The purpose of this Chapter is to protect individuals from the
11 technological preservation and harmful dissemination of direct conversations while
12 preserving the lawful recording of public events, legitimate law enforcement activity,
13 public officials, and recordings made to document criminal, tortious, or threatening
14 conduct.
15 F. This Chapter shall not be interpreted to restrict lawful recording protected
16 by the Constitution of the United States of America or the Constitution of Louisiana.
17 §2790.2. Definitions
18 For purposes of this Chapter, the following definitions apply:
19 (1) "Direct conversation" means any in-person oral communication directed
20 to a specific individual or individuals under circumstances in which a reasonable
21 person would not expect the communication to be recorded or transcribed.
22 (2) "First responder activity" means recordings or transcriptions made by a
23 first responder, as defined by R.S. 40:978.1, in the performance of official duties.
24 (3) "Law enforcement activity" means recordings or transcriptions made by
25 a peace officer or other person acting under color of law in the lawful performance
26 of official duties including but not limited to the following:
27 (a) Undercover operations that produce recordings made by undercover
28 officers, confidential informants, and cooperating individuals.
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1 (b) One-party consent recordings conducted as part of an investigation or
2 intelligence-gathering function.
3 (c) Body camera recordings or any recording conducted by or at the
4 discretion of law enforcement.
5 (4) "Public or semi-public meetings" mean governmental hearings, press
6 conferences, public speeches, rallies, or other similar circumstances.
7 §2790.3. Notification of recording direct conversation
8 A. No participant in a direct conversation shall intentionally use a portable
9 device to record or transcribe a direct conversation with any other participant unless
10 all participants are specifically notified that the conversation is being recorded or
11 transcribed.
12 B. The provisions of this Section do not apply to any of the following:
13 (1) Public or semi-public meetings.
14 (2) Law enforcement activity.
15 (3) Emergencies or first responder activities.
16 (4) Public officials performing official duties in public places where there
17 is no reasonable expectation of privacy.
18 (5)(a) A person who records a law enforcement officer in the performance
19 of his official duties while the officer is in a public place or a place where the private
20 person has a legal right to be.
21 (b) The exception provided in this Paragraph does not extend to an
22 individual who physically interferes or materially obstructs lawful law enforcement
23 activity.
24 (6) Recordings or transcriptions of a direct conversation made for the
25 purpose of preserving evidence related to an actual or anticipated civil or
26 administrative proceeding.
27 (7) Recordings or transcriptions of a direct conversation made for the
28 purpose of preserving evidence related to a criminal act or proceeding.
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1 (8) Recordings or transcriptions of a direct conversation made by a
2 participant in his own residence.
3 (9) Recordings or transcriptions of a conversation if the person recording or
4 transcribing the conversation is not a participant.
5 C. Nothing in this Section shall be construed to limit, modify, expand, or
6 supersede the provisions of the Electronic Surveillance Act, R.S. 15:1301 et seq.
7 §2790.4. Penalties
8 Any person who is found to have violated the provisions of this Chapter shall
9 be liable to an individual for any damages including court costs and reasonable
10 attorney fees as ordered by the court.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 410 Reengrossed 2026 Regular Session Schlegel
Abstract: Requires disclosure to all parties that a direct, in-person conversation is being
recorded under circumstances in which a person has a reasonable expectation of
privacy.
Proposed law outlines legislative intent and defines "direct conversation", "first responder
activity", "law enforcement activity", and "public or semi-public meetings".
Proposed law prohibits a person from intentionally using a portable device to record or
transcribe a direct conversation with another party unless all participants of the conversation
are specifically notified that the conversation is being recorded or transcribed.
Proposed law does not apply to the following:
(1) Public or semi-public meetings.
(2) Law enforcement activity.
(3) Emergencies or first responder activity.
(4) Public officials performing official duties in public places where there is no
reasonable expectation of privacy.
(5) A person who records a law enforcement officer in the performance of his official
duties while the officer is in a public place or a place where the private person has
a legal right to be. This exception does not extend to an individual who physically
interferes or materially obstructs lawful law enforcement activity.
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(6) Recordings or transcriptions of a direct conversation made for the purpose of
preserving evidence related to an actual or anticipated civil or administrative
proceeding.
(7) Recordings or transcriptions of a direct conversation made for the purpose of
preserving evidence related to a criminal act or proceeding.
(8) Recordings or transcriptions of a direct conversation made by a participant in his
own residence.
(9) Recordings or transcriptions of a conversation if the person recording or transcribing
the conversation is not a participant.
Proposed law does not limit, modify, expand, or supersede the provisions of the Electronic
Surveillance Act as provided for in present law (R.S. 15:1301-1318).
Proposed law requires the payment of court costs and reasonable attorney fees of a person
who violates proposed law.
(Adds R.S. 9:2790.1-2790.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Make technical changes.
2. Remove language relative to consent to provide that a person only needs to be
notified that a direct conversation is being recorded or transcribed.
3. Remove language regarding a reasonable person distinguishing between being
overheard and being recorded.
4. Provide that a person who engages in a direct conversation has a reasonable
expectation that the conversation is not being recorded or transcribed unless
specific notification is given.
5. Define "first responder activity".
6. Remove "sporting events" from the definition of "public or semi-public
meetings".
7. Specify that all participants in a direct conversation are to be specifically notified
if the conversation is being recorded.
8. Provide that first responder activity is an exception to the notification
requirement of proposed law.
9. Add exceptions for recordings or transcriptions of a direct conversation made for
the purpose of preserving evidence related to an actual or anticipated civil or
administrative proceeding, a criminal act or proceeding, or recordings or
transcriptions of a direct conversation made by a participant in his own
residence.
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HLS 26RS-912 REENGROSSED
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The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Expand the definition of "law enforcement activity".
3. Specify the recording or transcription device as a portable device.
4. Provide an exception if the recording or transcription of a conversation is made
by an individual who is not a participant.
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