Louisiana Revised Statutes 15:546 – Release of information
Terms Used In Louisiana Revised Statutes 15:546
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. Criminal justice agencies shall release relevant and necessary information regarding sex offenders, child predators, and sexually violent predators to the public when the release of the information is necessary for public protection, according to the provisions set forth by the board pursuant to La. Rev. Stat. 15:547(C).
B.(1) An elected official, public employee, public agency, or criminal justice agency shall be immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The authorization and immunity in this Chapter apply to information regarding:
(a) A person who has been convicted of a sex offense or criminal offense against a victim who is a minor, or who has been determined to be a sexually violent predator as defined in this Chapter.
(b) A person found not guilty by reason of insanity of a sex offense or criminal offense against a victim who is a minor.
(c) A person found incompetent to stand trial for a sex offense or criminal offense against a victim who is a minor and subsequently committed to a treatment facility or institution or hospital.
(2) The immunity provided under this Section applies to the release of relevant information to other employees or officials or to the general public.
(3) The identity of a victim, or information leading to the identity of a victim, of an offense that requires registration under this Section shall not be released.
C. Nothing in this Chapter, except as otherwise provided, shall impose any liability upon a public official, public employee, or public agency for failing to release information as provided in this Chapter.
D. An offender’s pending appeal or writ of habeas corpus shall not restrict the agency’s, official’s, or employee’s authority to release relevant information concerning an offender’s prior criminal history. However, the agency shall release the latest dispositions of the charges as they are provided.
Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 1997, No. 1147, §1, eff. July 14, 1997.