HLS 12RS-1404 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 600
BY REPRESENTATIVE NORTON
CRIME: Creates the crime of failure to report a missing or deceased child
AN ACT1
To enact R.S. 14:403.7 and 403.8, relative to missing or deceased children; to create a crime2
for the failure to report a missing child; to provide for presumptions; to create a3
crime for the failure to report a deceased child; to provide for definitions; to provide4
for penalties; to provide for exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:403.7 and 403.8 are hereby enacted to read as follows: 7
§403.7. Failure to report a missing child8
A.(1) A caretaker shall report to the appropriate authorities that a child is9
missing within two hours of the expiration of the time period provided in Paragraph10
(2) of this Subsection.11
(2) For purposes of this Section, the following presumptions shall apply:12
(a) When the child is under the age of seven years, there is a presumption13
that a child is missing and the caretaker knew or should have known that the child14
is missing when the caretaker does not know the location of the child and has not15
been in contact with nor verified the location or safety of the child for a period of16
twelve hours.17
(b) When the child is at least seven years of age, but is under the age of18
thirteen years, there is a presumption that a child is missing and the caretaker knew19
or should have known that the child is missing when the caretaker does not know the20 HLS 12RS-1404 ENGROSSED
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location of the child and has not been in contact with nor verified the location or1
safety of the child for a period of twenty-four hours.2
(c) When the child is at least thirteen years of age, but is under the age of3
seventeen years, there is a presumption that a child is missing and the caretaker knew4
or should have known that the child is missing when the caretaker does not know the5
location of the child and has not been in contact with nor verified the location or6
safety of the child for a period of thirty-six hours.7
B. For purposes of this Section:8
(1) "Appropriate authorities" shall include any of the following:9
(a) Local law enforcement.10
(b) A 911 Public Safety Answering Point as defined in Title 33 of the11
Louisiana Revised Statutes of 1950.12
(2) "Caretaker" shall include the child's parent, grandparent, guardian, or any13
person who, at the time of the child's disappearance, has physical custody of the14
child.15
(3) "Child" means any person under the age of seventeen years.16
C. Any person who violates the provisions of Subsection A of this Section17
shall be fined not more than five hundred dollars and shall be imprisoned for not18
more than two years.19
D. The period of time in which a caretaker is required to report a missing20
child as required by Subsection A of this Section shall be suspended for the period21
of time in which the caretaker is unable to make a report due to circumstances22
beyond his control.23
§403.8. Failure to report the death of a child24
A. It shall be unlawful for a caretaker, with the intent to mislead a public25
official or impede an investigation, to fail to report the death of a child, which occurs26
while the child is in the physical custody of the caretaker, to the appropriate27
authorities within one hour of the discovery of the child's death or one hour of28
learning the location of the child's body.29 HLS 12RS-1404 ENGROSSED
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B. For purposes of this Section:1
(1) "Appropriate authorities" shall include any of the following:2
(a) Local law enforcement.3
(b) A 911 Public Safety Answering Point as defined in Title 33 of the4
Louisiana Revised Statutes of 1950.5
(c) The coroner of the parish in which the child's body is located.6
(d) Emergency medical personnel.7
(2) "Caretaker" shall include the child's parent, grandparent, guardian, or any8
person who, at the time of the child's death, has physical custody of the child.9
(3) "Child" means any person under the age of seventeen years.10
C. Whoever violates the provisions of this Section shall be fined not more11
than five thousand dollars and shall be imprisoned, with or without hard labor, for12
not more than five years.13
D. The period of time in which a caretaker is required to report the death of14
a child as required by Subsection A of this Section shall be suspended for the period15
of time in which the caretaker is unable to make a report due to circumstances16
beyond his control.17
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)]
Norton HB No. 600
Abstract: Creates the crimes of failure to report the death of a child and the failure to report
a missing child.
Proposed law requires a caretaker to report to the appropriate authorities that a child is
missing within two hours of the expiration of the following specified time periods:
(1)When the child is under the age of seven years, there is a presumption that a child is
missing when the caretaker does not know the location of the child and has not been
in contact with nor verified the location or safety of the child for 12 hours.
(2)When the child is between the ages of seven and 13 years, there is a presumption that
a child is missing when the caretaker does not know the location of the child and has
not been in contact with nor verified the location or safety of the child for 24 hours. HLS 12RS-1404 ENGROSSED
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(3)When the child is between the ages of 13 and 17 years, there is a presumption that
a child is missing when the caretaker does not know the location of the child and has
not been in contact with nor verified the location or safety of the child for 36 hours.
Proposed law provides for a suspension of these time periods when the caretaker is unable
to make a report due to circumstances beyond his control.
Proposed law provides that "appropriate authorities" shall include local law enforcement
agencies and a 911 Public Safety Answering Point, and further provides that "child" shall
include any person under the age of 17 years.
Proposed law provides for a definition of "caretaker".
Any person who violates proposed law shall be fined not more than $500 and shall be
imprisoned for not more than two years.
Proposed law prohibits the failure of a caretaker to report the death of a child, which occurs
while the child is in his physical custody, to the appropriate authorities within one hour of
the discovery of the child's death or one hour of learning the location of the child's body,
unless the caretaker is unable to make a report due to circumstances beyond his control.
Requires, as an element of the offense, the caretaker to have the intent to mislead a public
official or impede an investigation.
Proposed law provides that "appropriate authorities" shall include local law enforcement
agencies, a 911 Public Safety Answering Point, the coroner of the parish in which the child's
body is located, and emergency medical personnel, and further provides that a "child" shall
include any person under the age of 17 years.
Proposed law defines "caretaker".
Any person who violates these provisions of proposed law shall be fined not more than
$5,000 and shall be imprisoned for not more than five years.
(Adds R.S. 14:403.7 and 403.8)