Current with operative changes from the 2024 Third Special Legislative Session
Section 44:31.1 - Exceptions; authority of the custodianA.(1) For the purposes of this Chapter, person does not include an individual in custody after sentence following a felony conviction who has exhausted his appellate remedies when the request for public records is not limited to grounds upon which the individual could file for post-conviction relief under Code of Criminal Procedure Article 930.3.(2) Notwithstanding the provisions contained in R.S. 44:32, the custodian may make an inquiry of any individual who applies for a public record to determine if the individual is in custody after sentence following a felony conviction who has exhausted his appellate remedies and the custodian may determine if the request of any individual in custody for a felony conviction is limited to grounds upon which the individual may file for post-conviction relief under Code of Criminal Procedure Article 930.3.B.(1) For the purposes of this Chapter, as it relates to requests for records of the office of the governor, only a person who resides in the state of Louisiana and who otherwise meets the qualifications required by this Chapter may inspect, copy, reproduce, or obtain a copy or reproduction of a public record or seek to enforce the provisions of this Chapter pursuant to R.S. 44:35. For purposes of this Subsection, "office of the governor" shall have the same meaning as provided in R.S. 44:5.(2) Notwithstanding the provisions of R.S. 44:32, a custodian of a record of the office of the governor may require a person to provide sufficient information to establish the person's identity, age, and residency within the state of Louisiana. For purposes of this Subsection, "sufficient information" may include any government-issued document showing the person's name, age, or residential address. A custodian may deny the request of a person who does not meet the requirements of this Subsection.(3) Any document submitted to a custodian to establish a person's identity, age, or residency pursuant to this Subsection shall not be a public record pursuant to this Chapter and shall be destroyed within one year of the final disposition of the public record request.Amended by Acts 2024, No. 638,s. 1, eff. 8/1/2024.