SB 106: PUBLIC RECORDS: Provides that certain photographs, audio or video recordings, digital images regarding a crime scene or used in a criminal prosecution are not public records available for release or to be copied except by clerk of court or a court order. (8/1/26) - Louisiana

Senate Floor Bureau Note, #1860, Kleinpeter, Adopted → SB106 Act · 4 edits

MODERATE

The bill was finalized into an Act, removing internal Senate floor amendment markers and replacing them with the official statutory language. The core policy change establishes a new legal provision (R.S. 44:4(65)) that creates an exception to public records confidentiality for specific types of crime scene imagery, such as autopsies, sexual assaults, and images depicting a victim's genitals or breasts, unless those images are voluntarily released or made public.

Scope change

The bill's scope expanded to explicitly include audio recordings, images, video, and photographs as protected records under specific circumstances, whereas the previous draft only referenced photographs.

SCOPE

Added a new statutory section (R.S. 44:4(65)) to the Louisiana Revised Statutes.

DEFINITION

Defined specific categories of protected crime scene imagery, including autopsies, dead bodies, sexual assaults, and images of juvenile victims or specific body parts.

REQUIREMENT

Established that these images remain confidential unless they are voluntarily released, already available to the public, or released by court order.

TECHNICAL

Removed internal tracking numbers and amendment labels from the final text.

SB106 Original → Senate Floor Bureau Note, #1860, Kleinpeter, Adopted · 3 edits

MINOR

The bill was amended to remove specific statutory citations and restructure the text, while adding a critical new provision that explicitly protects the privacy of a victim's genitals, pubic hair, anus, vulva, and female breast from being released as public records. This change ensures that intimate body parts shown in crime scene photos or recordings cannot be disclosed to the public without a court order, addressing a significant privacy gap in the original draft.

Scope change

The bill's scope expanded to include explicit protection for intimate body parts of victims, whereas the original text only broadly covered crime scenes and evidence without specifying sensitive anatomical areas.

DEFINITION

Added a specific list of intimate body parts (genitals, pubic hair, anus, vulva, female breast) to the definition of protected crime scene imagery.

TECHNICAL

Removed references to specific statutory sections (R.S. 44:3(A)(9) and 19.1) and deleted several lines regarding the incorporation of existing exceptions.

REQUIREMENT

Changed the language regarding the status of these records from 'shall not be a public record' to 'shall not be construed to be a public record' to align with the revised statutory structure.

SB106 Enrolled → SB106 Original · 5 edits

MODERATE

The bill reorganizes the text of Senate Bill 106 to align with the official enrolled version, correcting the session year from 2026 to 2025 and updating the bill number. It clarifies that crime scene photos and recordings are confidential and not public records unless a court orders their release. The changes also expand the list of agencies covered to include intelligence agencies and public health investigators.

Scope change

The bill's scope was expanded to explicitly include intelligence agencies, public health investigators, and publicly owned water districts in the list of entities subject to the new confidentiality rules.

TECHNICAL

Changed the session year from 2026 to 2025 and updated the bill number to SLS 26RS-165 to match the enrolled version.

DEFINITION

Updated the summary description to accurately reflect that the bill amends existing statutes rather than just enacting new ones.

ELIGIBILITY

Added intelligence agencies and public health investigators to the list of agencies whose records are subject to the new confidentiality provisions.

Added publicly owned water districts to the list of agencies subject to the new confidentiality provisions.

SCOPE

Reorganized the text to formally add a new statute (R.S. 19.1) and amend existing ones, replacing the previous draft's direct enactment language.

SB106 Reengrossed → SB106 Enrolled · 2 edits · May 12, 2026

MINOR

The bill was finalized as an enrolled version, removing the Senate Legislative Services digest and committee amendment notes while retaining the core legal text. The substantive policy remains unchanged, establishing a new exception to public records laws that prevents the release of crime scene photos and videos depicting sensitive content like autopsies or sexual assault.

Scope change

The bill's scope remains focused on restricting public access to specific types of criminal evidence held by clerks of court; no new categories of evidence or jurisdictions were added.

TECHNICAL

Removed the Senate Legislative Services header, digest, and summary of amendments, which are administrative notes not part of the final law.

Adjusted the bill title and section numbering to reflect the final enrolled status, changing 'amend and reenact' to 'enact' since this is a new section added to the statute.

SB106 Engrossed → SB106 Reengrossed · 4 edits · Apr 8, 2026

MODERATE

The bill was reengrossed to refine the list of sensitive crime scene images exempt from public release and to clarify who has the authority to grant access. The changes add specific examples of sensitive content (such as juvenile victims and female breasts) to the exemption list and explicitly give clerks of court the authority to review and restrict access alongside court orders.

Scope change

The scope of the exemption was expanded to include more specific categories of sensitive imagery and clarified the roles of clerks of court in managing these records.

ELIGIBILITY

Added specific examples of sensitive content, including juvenile victims and female breasts, to the list of images exempt from public release.

Clarified that clerks of court have the authority to review and restrict access to sensitive images, in addition to court orders.

DEFINITION

Removed the word 'ultimate' from the description of prohibited sexual acts to simplify the legal definition.

TECHNICAL

Updated the bill's title and summary to reflect the new section number (R.S. 44:4(65)) instead of the previous one (R.S. 44:3(A)(9)).

PUBLIC RECORDS: Provides that certain photographs, audio or video recordings, digital images regarding a crime scene or used in a criminal prosecution are not public records available for release or to be copied except by clerk of court or a court order. (8/1/26)

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