Report to the system; duties of persons and agencies

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RS 1212.1 - Report to the system; duties of persons and agencies

A. All law enforcement agencies, correctional agencies, and institutions shall provide the required data as provided for in R.S. 15:1212(B)(4) in accordance with the rules adopted by the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice.

B. All law enforcement agencies shall provide any other such assistance, information, and data which are reasonable and available to enable the commission to properly carry out its powers and duties.

C. A law enforcement agency shall obtain and certify to the commission that it has received the required information as provided in R.S. 15:1212(B)(4) from the database before hiring a law enforcement officer.

D. Except in cases of willful or wanton misconduct or gross negligence, the commission, Council on Peace Officer Standards and Training, or a law enforcement agency, correctional agency, or institution shall not be civilly or criminally liable for the release or reporting of information provided in R.S. 15:1212(B)(4) when released or reported pursuant to the provisions of this Section.

E. The personal information of a peace officer including the peace officer's home address, home telephone number, birth date, Social Security number, driver's license number, and username for P.O.S.T. electronic data/training systems contained in the database central depository shall be confidential and shall not be subject to disclosure by the commission or Council on Peace Officer Standards and Training pursuant to the Public Records Law but may be disclosed to a requesting law enforcement agency in this or another state, accredited training academies of the Council on Peace Officer Standards and Training, and to councils on peace officer standards and training in other states.

F. The information received by the commission as provided in R.S. 15:1212(B)(4), other than certification and training records of a law enforcement officer, shall be used for hiring or revocation purposes only and shall not be disclosed to any persons other than a qualifying law enforcement agency.

G.(1) Failure by a law enforcement agency to provide the data required by R.S. 15:1212(B)(4) within forty-five days of the change in employment status of a law enforcement officer shall result in a civil fine on the agency of up to five hundred dollars per day until the data is provided. Monies collected from such fines shall be directed to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.

(2) Fines proposed pursuant to Paragraph (1) of this Subsection may be waived or reduced by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in the event of force majeure or exigent circumstances for good cause shown.

Acts 2015, No. 331, §1; Acts 2017, No. 272, §1, eff. June 16, 2017; Acts 2021, No. 418, §1.


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