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Regular Session, 2011
HOUSE BILL NO. 94
BY REPRESENTATIVES KATZ, ABRAMSON, BARROW, DOERGE, HI LL, MICHAEL
JACKSON, JOHNSON, LABRUZZO, LEBAS, NOWLIN, SIMON, AND
WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/MISSING: Transfers the Missing and Exploited Children Information
Clearinghouse from the Department of Children and Family Services to the
Department of Public Safety and Corrections, office of state police
AN ACT1
To amend and reenact R.S. 33:1563(H), R.S. 43:34, and R.S. 46:1431(A) and (C)(3),2
relative to the Missing and Exploited Children Information Clearinghouse of this3
state; to provide for administrative authority; to authorize the promulgation of rules;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 33:1563(H) is hereby amended and reenacted to read as follows:7
§1563. Duty to hold autopsies, investigations, etc.8
* * *9
H. In deaths investigated by the coroner where he is not able to establish the10
identity of the dead body by visual means, fingerprints, or other identifying data, the11
coroner shall have a qualified dentist or forensic anthropologist or forensic12
pathologist carry out a dental examination of the dead body. If the coroner, with the13
aid of the dental examination, is still not able to establish the identity of the dead14
body, the coroner shall prepare and forward the dental examination and other15
identifying records to state and local law enforcement agencies. When the dead body16
may be that of an individual under the age of eighteen years, the coroner shall send17
this information to the Missing and Exploited Children Information Clearinghouse18 HB NO. 94
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within the Department of Children and Family Services Public Safety and1
Corrections, office of state police.2
* * *3
Section 2. R.S. 43:34 is hereby amended and reenacted to read as follows:4
§34. Louisiana Conservationist magazine; information on missing children;5
publication required 6
The Department of Wildlife and Fisheries, in conjunction with the Missing7
and Exploited Children Information Clearinghouse of the Department of Children8
and Family Services Public Safety and Corrections, office of state police, shall9
publish in each issue of the Louisiana Conservationist magazine the picture, name,10
and description of one or more Louisiana children believed to be missing or the11
picture, name, and description of one or more children believed to be missing in12
Louisiana. In addition, the department shall also publish in the Louisiana13
Conservationist magazine in reasonable proximity to such names and pictures, the14
names of children whose pictures were published in the magazine and the dates that15
they were located. The toll-free telephone number provided by the National Center16
for Missing and Exploited Children for the purpose of receiving information related17
to a missing child or children shall be published with the consent of the organization.18
Section 3. R.S. 46:1431(A) and (C)(3) are hereby amended and reenacted to read as19
follows:20
§1431. Missing and Exploited Children Information Clearinghouse; establishment;21
definitions22
A. There is hereby created a Missing and Exploited Children Information23
Clearinghouse within the Department of Children and Family Services Public Safety24
and Corrections, office of state police. The clearinghouse shall be operated by the25
office of human development. The secretary deputy secretary for public safety26
services shall establish services deemed appropriate by the department to aid in the27
location of missing and/or exploited children. The department may promulgate rules28 HB NO. 94
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and regulations in accordance with the Administrative Procedure Act to provide for1
the Missing and Exploited Children Information Clearinghouse.2
* * *3
C. As used in this Section:4
* * *5
(3) "Missing child report" is a report prepared on a form designed by the6
Department of Children and Family Services Public Safety and Corrections, office7
of state police for use by private citizens and law enforcement agencies to report8
missing children information to the Missing and Exploited Children Information9
Clearinghouse.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katz HB No. 94
Abstract: Transfers the Missing and Exploited Children Information Clearinghouse from
Dept. of Children and Family Services to Dept. of Public Safety and Corrections,
office of state police.
Present law creates a Missing and Exploited Children Information Clearinghouse within the
Dept. of Children and Family Services (DCFS).
Present law provides for the purpose and functions of the clearinghouse.
Proposed law transfers administrative authority for the clearinghouse from DCFS to the
Dept. of Public Safety and Corrections, office of state police.
Proposed law amends references to the clearinghouse in present law to reflect transfer of
administrative authority.
Proposed law authorizes the Dept. of Public Safety and Corrections to promulgate rules in
accordance with the APA to administer the clearinghouse.
(Amends R.S. 33:1563(H), R.S. 43:34, and R.S. 46:1431(A) and (C)(3))