Louisiana Revised Statutes 15:563.1 – A.(1) The Louisiana Bureau of Criminal Identification and Information shall develop and maintain the central registry known as the Child Abuse and Neglect Registry. The registry shal
Terms Used In Louisiana Revised Statutes 15:563.1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Service of process: The service of writs or summonses to the appropriate party.
§563.1. Duties of the Louisiana Bureau of Criminal Identification and Information
A.(1) The Louisiana Bureau of Criminal Identification and Information shall develop and maintain the central registry known as the Child Abuse and Neglect Registry. The registry shall contain the information transmitted to the bureau pursuant to the provisions of this Chapter. Upon receipt of the registration and information of any person subject to the provisions of this Chapter, the bureau shall immediately enter the appropriate information in the public registry. The bureau shall accept electronically submitted information and registration renewal information from law enforcement.
(2)(a) The bureau shall provide for public access to the information contained in the registry, including internet-based access, which shall have field-search capabilities.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the following information shall be exempt from public access:
(i) Social security numbers.
(ii) Names of the victims of the offenses requiring registration.
(iii) Telephone numbers, subject to the provisions of Subparagraphs (c) and (d) of this Paragraph.
(iv) Email addresses.
(c) Notwithstanding the provisions of Subparagraph (b) of this Paragraph, which provides for exemptions to public access of telephone numbers, email addresses, online screen names, or other online identities, the registry shall contain the ability to search by telephone numbers, email addresses, online screen names, or other online identities to provide information to the person conducting the search regarding whether or not that information has been linked to a person convicted of an offense in La. Rev. Stat. 15:563(A). This search shall not disclose the name or any other identifying information about the offender to the person conducting the search, except to identify that the information has been linked to a person convicted of an offense in La. Rev. Stat. 15:563(A).
(d) Notwithstanding the provisions of Subparagraphs (b) and (c) of this Paragraph, the bureau shall, upon request by any person or entity in a manner prescribed by the bureau, provide a list of telephone numbers, email addresses, online screen names, static internet protocol addresses, or other online identities of persons in the Child Abuse and Neglect Registry for the purpose of identifying and monitoring a registered user associated with the telephone number, email address, online screen name, static internet protocol address, or other online identity. The information provided to the person or entity shall not disclose the name or other identifying information of the offender that is associated with, or who is using, any of the telephone numbers, email addresses, online screen names, static internet protocol addresses, or other online identities in the provided list.
(e) The bureau shall maintain a Child Abuse and Neglect Notification and Registration website on the internet, which shall contain a disclaimer informing the public of all of the following:
(i) The information contained on the site is obtained from offenders, and the department does not guarantee its accuracy or completeness.
(ii) Members of the public are not allowed to use the information to harass or threaten offenders or members of their families.
(iii) Harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Louisiana criminal laws.
B. The bureau shall develop and maintain the registry as to provide for automatic email notifications at the time when an offender begins residence, employment, or school attendance within a certain geographic radius or zip code. This function of the registry shall allow members of the public and organizations to request automatic email notifications to be sent to an email address provided by the requestor for a certain geographic radius or zip code specified by the requestor.
C. The bureau is hereby designated as the state agency to receive information regarding an out-of-state person convicted of a similar offense as those in La. Rev. Stat. 15:563(A) who establishes a residence in this state pursuant to La. Rev. Stat. 15:542.1.3.
D. The bureau may promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Chapter.
E.(1) The bureau shall provide for the capability which would allow a social networking website to compare the database of registered users of that social networking website to the list of electronic mail addresses, instant message addresses, and other similar online identifiers of persons in the Child Abuse and Neglect Registry.
(2) A social networking website desiring to compare its database of registered users to the list of electronic mail addresses, instant message addresses, and other online identifiers of persons in the registry shall provide to the bureau all of the following information:
(a) The name, address, and telephone number of the entity operating the social networking website.
(b) The legal nature and corporate status of the entity operating the social networking website.
(c) A statement signed by the chief legal officer of the social networking website to the effect that the information obtained from the registry shall not be disclosed for any purpose other than for comparing the database of registered users of the social networking website against the list of electronic mail addresses, instant message addresses, and other online identifiers of persons contained in the state registry to protect children from child abuse or neglect, and that disclosure of this information for any other purpose may be unlawful.
(d) The name, address, and telephone number of a natural person who is authorized to receive service of process for the entity operating the social networking website.
(3) After complying with the requirements of Paragraph (2) of this Subsection, the entity operating the social networking website may screen users or compare its database of registered users to the list of electronic mail addresses, instant message addresses, and other online identifiers of persons contained in the Child Abuse or Neglect Registry as frequently as the bureau will allow for the purpose of identifying, monitoring, or removing a registered user associated with electronic mail addresses, instant message addresses, and other online identifiers contained in the registry.
(4) An entity operating a social networking website which complies with the provisions of Paragraphs (2) and (3) of this Subsection and its directors, officers, employees, or agents may claim such compliance as a defense to a claim for liability arising against the entity or those persons.
Acts 2023, No. 460, §1, eff. July 1, 2024.