HB 1012

ENROLLED
 2026 Regular Session
  ACT No. 186
 HOUSE BILL NO. 1012  (Substitute for House Bill No. 843 by Representative Boyd)
 BY REPRESENTATIVES BOYD, BAYHAM, BILLINGS, CARRIER, WILFORD
  CARTER, CHASSION, FISHER, DANA HENRY, JORDAN, KNOX, LAFLEUR,
  TERRY LANDRY, LARVADAIN, LYONS, MARCELLE, MARTINEZ, MOORE,
  MURRAY, NEWELL, TAYLOR, AND WILEY AND SENATORS BARROW,
  BOUDREAUX, CLOUD, JACKSON-ANDREWS, JENKINS, LUNEAU, MIZELL,
  AND PRICE
1AN ACT
2 To enact R.S. 44:11.2(A)(10) and (K), relative to public records; to limit access to the
3personal information of a victim of a sex offense; to provide for definitions; to create
4the Sexual Assault Survivor Empowerment and Privacy Protection Act; to provide
5relative to time delays related to the removal of published personal information; to
6provide for criminal penalties; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8Section 1. R.S. 44:11.2(A)(10) and (K) are hereby enacted to read as follows:
9§11.2. Limited access to personal information for protected individuals
10A. As used in this Section, the term "protected individual" shall mean:
11*       *  *
12(10) A victim of a sex offense as defined in R.S. 15:541.
13*       *  *
14K.(1) A request made by a victim of a sex offense as provided in Subsection
15E of this Section shall include with it a police report, protective order, or final
16judgment indicating that the person is or is alleged to be a victim of a sex offense.
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 HB NO. 1012  ENROLLED
1(2) A person shall not knowingly publish the personal information of a
2victim of a sex offense if he knows or reasonably should know that publishing the
3personal information poses an imminent and serious threat to the protected individual
4and the publishing of the personal information results in any of the following:
5(a) An assault in any degree.
6(b) Harassment.
7(c) Trespass.
8(d) Malicious destruction of property.
9(3)(a) Notwithstanding Subsection F of this Section, not later than five days
10after receiving a request as provided by Subsection E of this Section from a victim
11of a sex offense, the public body shall acknowledge receipt of the request in writing
12by certified mail or by email and take steps reasonably necessary to ensure that the
13personal information is not published.
14(b) Notwithstanding Subsection F of this Section, if the personal information
15of a victim of a sex offense was published prior to receipt of a request as provided
16in Subsection E of this Section, the public body shall provide for the removal of the
17personal information of the victim within seventy-two hours after acknowledgment
18of receipt of the request or provide to the victim a reason in writing why the request
19has not been fulfilled.
20(4) Notwithstanding Subsection I of this Section, a person who violates this
21Section as it relates to personal information of a victim of a sex offense is guilty of
22a misdemeanor and on conviction is subject to imprisonment not exceeding eighteen
23months or a fine not exceeding five thousand dollars, or both. Neither this provision
24nor any other penalty provision provided for in this Section shall apply to a public
25body.
26Section 2.     The legislature recognizes the importance of empowering those
27 individuals who are victims of sex offenses and the need to protect their privacy and
28 personal information from disclosure. It is therefore the intent of the legislature to enact
29 statutory provisions to limit public access to personal information of victims of sex offenses
30 and to provide for legal consequences for the unauthorized release of this information. This
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HB NO. 1012  ENROLLED
1 Act shall be known and may be cited as the "Sexual Assault Survivor Empowerment and
2 Privacy Protection Act."
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.