SLS 12RS-44 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 190
BY SENATOR DORSEY-COLOMB
CRIME/PUNISHMENT. Criminalizes the failure of an employee of any public college,
university, or vo-tech school who has witnessed the sexual abuse of a child or student to
report the incident to law enforcement or school administration. (gov sig)
AN ACT1
To enact R.S. 14:403(A)(4), relative to abuse of children; to criminalize and make a felony2
the failure of any employee of a public postsecondary education institution who has3
witnessed the sexual abuse of a child or student to report such abuse to law4
enforcement or school administration; to provide for penalties; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:403(A)(4) is hereby enacted to read as follows: 8
ยง403. Abuse of children; reports; waiver of privilege9
A. * * *10
(4) Notwithstanding any other provision of this Subsection, any11
employee of a public postsecondary education institution who witnesses the12
sexual abuse of a child or student and knowingly and willfully fails to report the13
sexual abuse to law enforcement or school administration shall be guilty of a14
felony, and upon conviction shall be imprisoned, with or without hard labor, for15
not more than six months. A conviction pursuant to this Paragraph shall be16
considered prima facie evidence of the person's liability in any civil action that17 SB NO. 190
SLS 12RS-44 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
arises out of such failure to report.1
* * *2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law requires certain persons to report the abuse, neglect, or sexual abuse of a child.
Proposed law makes it a felony for any employee of a public postsecondary education
institution who witnesses the sexual abuse of a child or student to knowingly and willfully
fail to report the sexual abuse to law enforcement or school administration.
Proposed law further provides that upon conviction, such person will be imprisoned, with
or without hard labor, for not more than six months.
Proposed law further provides that a conviction pursuant to proposed law is prima facie
evidence of liability in any civil action that arises out of such failure to report.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:403(A)(4))