Provides relative to the placement of a defendant's name into the National Crime Information Center registry
Provides relative to the placement of a defendant's name into the National Crime Information Center registry
House Bill 63 repeals Code of Criminal Procedure Article 331(G), which established a procedure allowing bail sureties to request that law enforcement place a defendant's name into the National Crime Information Center registry following the defendant's failure to appear in court and issuance of an arrest warrant. The bill eliminates the entire statutory mechanism that previously permitted sureties to initiate NCIC registry placements, required law enforcement to determine within thirty days whether placement was authorized by NCIC standards, mandated notice to the surety regarding reasons for denial, imposed a twenty-five dollar processing fee for authorized placements, and provided for removal of names from the registry without cause during the surrender period. By repealing this article in its entirety, the legislation removes all procedures and requirements related to surety-initiated NCIC registry placements.
The practical effect of this repeal falls primarily on bail sureties and law enforcement officers. Sureties will no longer have a statutory right to request NCIC registry placement as a tool to locate and apprehend defendants who have failed to appear, effectively eliminating one enforcement mechanism available to those financially responsible for ensuring a defendant's court attendance. Law enforcement agencies will no longer be obligated to process surety requests for NCIC placement, determine authorization status within the specified timeline, provide notice of denial reasons, or collect the twenty-five dollar processing fee associated with authorized placements. The removal of this procedure may reduce administrative burden on law enforcement but also removes a collaborative enforcement avenue between sureties and officers.
This legislation operates within Louisiana's Code of Criminal Procedure bail framework, specifically modifying Article 331, which governs discharge of bail obligations and related surety enforcement mechanisms. The repeal also affects Article 335, which previously had its rule to show cause filing period suspended during NCIC registry placement procedures. The change eliminates the intersection between state bail law and the federal NCIC system, a national law enforcement database maintained by the Federal Bureau of Investigation. The repeal does not affect the underlying authority of law enforcement to place names in NCIC through other statutory or procedural means, nor does it modify the general bail obligations or discharge procedures that Article 331 establishes.
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