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ENROLLED
ACT No. 1192026 Regular Session
HOUSE BILL NO. 98
BY REPRESENTATIVE MIKE JOHNSON AND SENATORS BARROW, BOUDREAUX,
CARTER, DUPLESSIS, FESI, HARRIS, HENRY, JACKSON-ANDREWS,
JENKINS, MCMATH, MILLER, MIZELL, MORRIS, MYERS, AND PRICE
1 AN ACT
2 To amend and reenact R.S. 40:2024.5(F) and to enact R.S. 22:1078(F) and (G), R.S.
3 40:2024.5(H), and R.S. 46:1844(W)(6), 1862(E), and 2124.1(E) and (F), relative to
4 the confidential information of individuals who are victims of certain offenses; to
5 provide for penalties for the unlawful release, disclosure, transfer, or dissemination
6 of certain information; to provide for a limitation of liability; and to provide for
7 related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 22:1078(F) and (G) are hereby enacted to read as follows:
10 §1078. Protections required for victims of the crime of domestic violence
11 * * *
12 F. Whoever intentionally releases, discloses, transfers, or disseminates for
13 publication any information related to the abuse status of an applicant or insured for
14 any purpose not provided in Subsection D of this Section with the intent to coerce,
15 intimidate, or harass any person shall be imprisoned with or without hard labor for
16 not more than one year, fined not more than two thousand five hundred dollars, or
17 both.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 98 ENROLLED
1 G. No community-based shelter that provides services to a subject of abuse
2 shall be liable for any unlawful release, disclosure, transfer, or dissemination of
3 information that is made by an individual in violation of Subsection F of this Section.
4 Section 2. R.S. 40:2024.5(F) is hereby amended and reenacted and R.S.
5 40:2024.5(H) is hereby enacted to read as follows:
6 §2024.5. Records; confidentiality; prohibited disclosure and discovery
7 * * *
8 F. A member of the review panel, or any local or regional panel or agent of
9 a local or regional panel, may shall not disclose any information that is confidential
10 under pursuant to this Section. A person who appears before, participates in, or
11 provides information to the review panel, or any local or regional panel or agent of
12 a local or regional panel, shall sign a confidentiality notice to acknowledge that any
13 information he provides to the review panel, or any local or regional panel or agent
14 of a local or regional panel, shall be confidential. Information identifying a victim
15 of domestic violence whose case is being reviewed, or that victim's family members,
16 or an alleged or suspected perpetrator of abuse upon the victim, or regarding the
17 involvement of any agency with the victim or victim's family members, shall not be
18 disclosed in any report that is available to the public. Nothing in this Section shall
19 prohibit prohibits the publishing by the review panel, or any local or regional panel
20 or agent of a local or regional panel, of statistical compilations relating to domestic
21 abuse fatalities which do not identify a person's case or person's healthcare provider,
22 law enforcement agency, or organization who provides services to victims.
23 * * *
24 H. Whoever violates the provisions of Subsection F of this Section with the
25 intent to coerce, intimidate, or harass any person shall be imprisoned with or without
26 hard labor for not more than one year, fined not more than two thousand five
27 hundred dollars, or both.
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are additions.
HB NO. 98 ENROLLED
1 Section 3. R.S. 46:1844(W)(6), 1862(E), and 2124.1(E) and (F) are hereby enacted
2 to read as follows:
3 §1844. Basic rights for victim and witness
4 * * *
5 W. Confidentiality of crime victims who are minors, victims of sex offenses,
6 and victims of human trafficking-related offenses.
7 * * *
8 (6) Whoever intentionally releases, discloses, transfers, or disseminates for
9 publication any information contained in this Subsection in a manner prohibited by
10 this Subsection with the intent to coerce, intimidate, or harass any person shall be
11 imprisoned with or without hard labor for not more than one year, fined not more
12 than two thousand five hundred dollars, or both.
13 * * *
14 §1862. Confidentiality; information sharing
15 * * *
16 E. Any person subject to the provisions of this Section who intentionally
17 releases, discloses, transfers, or disseminates for publication any information
18 contained in this Section in a manner prohibited by this Section with the intent to
19 coerce, intimidate, or harass any person shall be imprisoned with or without hard
20 labor for not more than one year, fined not more than two thousand five hundred
21 dollars, or both.
22 * * *
23 §2124.1. Privileged communications and records
24 * * *
25 E. Whoever intentionally releases, discloses, transfers, or disseminates for
26 publication any information in a manner prohibited by this Section with the intent
27 to coerce, intimidate, or harass any person shall be imprisoned with or without hard
28 labor for not more than one year, fined not more than two thousand five hundred
29 dollars, or both.
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are additions.
HB NO. 98 ENROLLED
1 F. No community shelter shall be liable for any unlawful release, disclosure,
2 transfer, or dissemination of information that is made by an individual in violation
3 of Subsection E of this Section.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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are additions.