Louisiana § RS 37:3276.2 - Authority to obtain criminal history record information

§ RS 37:3276.2. Authority to obtain criminal history record information

            A. The legislature hereby finds and declares that it is vitally important to the public safety, interest, and welfare to protect Louisiana citizens, their residences, businesses, and other property, as well as visitors to the state, by reasonably regulating the licensure of persons performing private security activity in the state.

            B. As used in this Section:

            (1) "Applicant" means an individual who has made application to the board for the issuance or reinstatement of any license, registration, certificate, permit, or any other designation considered necessary to engage in the practice of private security in this state that the board is authorized by law to issue.

            (2) "Armored car company" or "armed courier company" means any person that provides secured transportation and protection from one place or point to another place or point involving money, currency, coins, bullion, securities, bonds, jewelry, or other valuables.

            (3) "Board" means the Louisiana State Board of Private Security Examiners, an agency in the Department of Public Safety and Corrections.

            (4) "Bureau" means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

            (5) "Contract security company" means any person engaging in the business of providing, or which undertakes to provide, a security officer on a contractual basis for another person.

            (6) "Criminal history record information" means all state records of arrest, prosecution, and conviction, including those which have been expunged or dismissed pursuant to Code of Criminal Procedure Articles 893 and 894, and national records which include fingerprints of the applicant and other identifying information, if so requested by the board.

            (7) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.

            (8) "Instructor" means any person approved and licensed by the board to administer and certify the successful completion of the required minimum training requirements for security officers.

            (9) "Licensure" means the granting of any license, permit, certification, or registration that the board is authorized to issue pursuant to this Chapter.

            (10) "Private security business" is any entity that provides protection to persons and property, excluding any law enforcement agency, but including any of the following:

            (a) Contract security company.

            (b) Armored car company or armed courier company.

            (11) "Qualifying agent" means any owner or manager of a private security business with the authority to make executive decisions for that business, who meets the qualifications as outlined in R.S. 37:3276.

            (12) "Security officer" means an individual who is employed by a contract security company whether armed or unarmed, to protect a person or persons or property or both, and whose duties include but are not limited to the following:

            (a) Prevention of unlawful intrusion or entry.

            (b) Prevention of larceny.

            (c) Prevention of vandalism.

            (d) Protection of property or person.

            (e) Prevention of abuse.

            (f) Prevention of arson.

            (g) Prevention of trespass on private property.

            (h) Control, regulation, or direction of the flow or movements of the public, except on public streets, whether by vehicle, on foot, or otherwise.

            (i) Street patrol service or merchant patrol service, which is any contract security company that utilizes foot patrols, motor vehicles, or any other means of transportation in public areas or on public thoroughfares in the performance of its security functions.

            C.(1) Pursuant to this Section, the board may request and obtain state and national criminal history record information from the bureau and the FBI regarding each applicant.

            (2) Notwithstanding Paragraph (1) of this Subsection, the board's use of fingerprints shall be for the limited purpose of determining the licensure eligibility of each applicant and conducting directly related matters in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., or other applicable law.

            (3) The board is entitled to the criminal history record and identification files of the bureau of any person who has licensure or who is applying for licensure as a private security business, qualifying agent, instructor, or security officer. Fingerprints and other identifying information of the applicant shall be submitted to the bureau, and the bureau shall, upon request of the board and after receipt of the fingerprints and other identifying information from the applicant, make available to the board all arrest and conviction information contained in the bureau's criminal history record and identification files which pertain to the applicant for licensure. In addition, the fingerprints shall be forwarded by the bureau to the FBI for a national criminal history record check.

            (4) In accordance with the authority provided for in this Chapter, the costs of providing the information required in accordance with this Section shall be charged by the bureau, as specified in R.S. 15:587, for furnishing information contained in the bureau's criminal history record and identification files, including any additional costs of providing the national criminal history record check, which pertains to the applicant. Any or all cost or fees for the provision of the information may be imposed on the applicant.

            D. In addition to the other requirements of this Chapter, the board may require an applicant to do any of the following to determine the licensure eligibility of an applicant:

            (1) Submit a complete set of fingerprints in the form and manner required by the bureau.

            (2) Authorize the board to request and obtain state and national criminal history record information relating to the applicant.

            (3) Pay the administrative costs imposed by or on behalf of the bureau relating to the submission and processing of applicant fingerprints for review of criminal history record information.

            E. The board shall utilize a form provided by the bureau relative to the access, use, and maintenance of criminal history record information. Each applicant shall complete the form prior to any fingerprint submission.

            F.(1) Criminal history record information shall be considered confidential information and the board, its members, and its employees shall use the criminal history record information exclusively to evaluate the applicant's eligibility or disqualification.

            (2) Criminal history record information obtained in accordance with this Section shall not be released or otherwise disclosed by the board, its members, or its employees without the written consent of the applicant unless the release is ordered by a court of competent jurisdiction.

            Acts 2023, No. 13, §2, eff. Oct. 1, 2023; Acts 2025, No. 150, §1.