ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 600
BY REPRESENTATIVES NORTON, ADAMS, BADON, BARROW, BILLIOT, WESLEY
BISHOP, BROWN, BURRELL, CHANEY, COX, DIXON, GAROFALO,
GISCLAIR, GUILLORY, HENRY, HOFFMANN, HOLLIS, HONORE, HOWARD,
KLECKLEY, TERRY LANDRY, LEGER, LORUSSO, MACK, MORENO,
ORTEGO, PIERRE, PYLANT, REYNOLDS, ROBI DEAUX, SEABAUGH,
SMITH, TALBOT, THOMPSON, ALFRED WILLIAMS, AND WILLMOTT AND
SENATORS ALLAIN, AMEDEE, APPEL, BROOME, BROWN, DONAHUE,
DORSEY-COLOMB, ERDEY, JOHNS, KOSTELKA, LONG, MILLS, MURRAY,
NEVERS, PEACOCK, PETERSON, RISER, GARY SMITH, JOHN SMITH,
TARVER, THOMPSON, WAL SWORTH, WARD, AND WHI TE
AN ACT1
To amend and reenact R.S. 14:403.3(D) and to enact R.S. 14:403.3(E), 403.7, and 403.8,2
relative to offenses affecting law enforcement; to increase the penalty for3
communicating false information to law enforcement regarding a missing child4
under certain circumstances; to create the crimes of failure to report a missing child5
and failure to report the death of a child; to provide for definitions; to provide for6
penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:403.3(D) is hereby amended and reenacted and R.S. 14:403.3(E),9
403.7, and 403.8 are hereby enacted to read as follows:10
§403.3. Reports of missing children; procedures; false reports or communications;11
penalties12
* * *13
D. Whoever violates the provisions of Subsection B or C herein of this14
Section shall be fined not more than two thousand dollars or be imprisoned for not15
more than one year, with or without hard labor, or both.16
E. Whoever violates the provisions of Subsection C of this Section shall be17
imprisoned at hard labor for not more than five years.18
* * *19 ENROLLEDHB NO. 600
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§403.7. Failure to report a missing child1
A.(1) A caretaker shall report to an appropriate authority that a child is2
missing within two hours of the expiration of the time period provided in Paragraph3
(2) of this Subsection.4
(2) For purposes of this Section, the following presumptions shall apply:5
(a) When the child is under the age of thirteen years, there is a presumption6
that a child is missing and the caretaker knew or should have known that the child7
is missing when the caretaker does not know the location of the child and has not8
been in contact with nor verified the location or safety of the child for a period of9
twelve hours.10
(b) When the child is thirteen years of age or older, there is a presumption11
that a child is missing and the caretaker knew or should have known that the child12
is missing when the caretaker does not know the location of the child and has not13
been in contact with nor verified the location or safety of the child for a period of14
twenty-four hours.15
B. For purposes of this Section:16
(1) "Appropriate authority" shall include any of the following:17
(a) A state or local law enforcement agency.18
(b) A 911 Public Safety Answering Point as provided in Title 33 of the19
Louisiana Revised Statutes of 1950.20
(2) "Caretaker" shall include the child's parent, grandparent, guardian, or any21
person who, at the time of the child's disappearance, has physical custody of the22
child.23
(3) "Child" means any person under the age of seventeen years.24
(4) "Serious bodily injury" means bodily injury which involves25
unconsciousness, extreme physical pain, or protracted and obvious disfigurement,26
or protracted loss or impairment of the function of a bodily member, organ, or27
mental faculty, or a substantial risk of death.28
C. Any person who violates the provisions of Subsection A of this Section29
shall be punished as follows:30 ENROLLEDHB NO. 600
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(1) If the child is found dead or determined to be dead, then the offender1
shall be imprisoned at hard labor for not less than two years nor more than fifty years2
without benefit of parole, probation, or suspension of sentence, and fined not more3
than fifty thousand dollars.4
(2) If the child has remained missing for a period of more than six months5
at the time of conviction and not determined to be dead, then the offender shall be6
imprisoned at hard labor for not less than two years nor more than ten years without7
benefit of parole, probation, or suspension of sentence, and fined not more than8
twenty-five thousand dollars.9
(3) If the child is determined to have been either physically or sexually10
abused during the time that the child was missing, then the offender shall be11
imprisoned at hard labor for not more than ten years without benefit of parole,12
probation, or suspension of sentence, and fined not more than ten thousand dollars.13
(4) If the child is found unharmed, then the offender shall be imprisoned for14
not more than six months, or fined not more than five hundred dollars, or both.15
D. The period of time in which a caretaker is required to report a missing16
child as required by Subsection A of this Section shall be suspended for the period17
of time in which the caretaker is unable to make a report due to circumstances18
beyond his control.19
§403.8. Failure to report the death of a child20
A. It shall be unlawful for a child's caretaker to fail to report to an21
appropriate authority the death of a child that occurs while the child is in the physical22
custody of the caretaker, within one hour of the caretaker's discovery of the child's23
death or one hour of the caretaker learning of the location of the child's body.24
B. For purposes of this Section:25
(1) "Appropriate authority" shall include any of the following:26
(a) A state or local law enforcement agency.27
(b) A 911 Public Safety Answering Point as provided in Title 33 of the28
Louisiana Revised Statutes of 1950.29
(c) The coroner of the parish in which the child's body is located.30 ENROLLEDHB NO. 600
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(d) Emergency medical personnel.1
(2) "Caretaker" shall include the child's parent, grandparent, guardian, or any2
person who, at the time of the child's death, has physical custody of the child.3
(3) "Child" means any person under the age of seventeen years.4
C. Whoever violates the provisions of this Section shall be fined not more5
than five thousand dollars and shall be imprisoned, with or without hard labor, for6
not more than five years.7
D. The period of time in which a caretaker is required to report the death of8
a child as required by Subsection A of this Section shall be suspended for the period9
of time in which the caretaker is unable to make a report due to circumstances10
beyond his control.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: