Louisiana 2012 Regular Session

Louisiana Senate Bill SB190

Introduced
3/12/12  

Caption

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) (OR INCREASE GF EX See Note)

Impact

Should SB190 be enacted, it would amend the existing laws regarding the abuse of children, specifically targeting the accountability of educators and staff in higher educational settings. This change would create a legal obligation for these individuals to report any instances of sexual abuse they observe, thereby aiming to foster a safer environment for students and potentially reducing the instances of unreported abuse. The implications are significant as they not only increase penalties for inaction but also provide a layer of civil liability that could affect future proceedings in related cases.

Summary

Senate Bill 190, proposed by Senator Dorsey-Colomb, aims to strengthen the reporting requirements concerning the sexual abuse of minors or students within public postsecondary education institutions. The bill stipulates that any employee who witnesses such abuse yet fails to report it to authorities or school administration will be guilty of a felony. The proposed penalty for non-compliance includes imprisonment for a maximum of six months, thus enhancing the responsibility of educational staff toward safeguarding students.

Sentiment

The sentiment around SB190 appears to be predominantly supportive, driven by the need for greater protection for students from sexual abuse. Legislators and advocates for child protection emphasize the importance of accountability among staff in educational settings. However, some discussions might raise concerns about the practical implications of enforcing such a law, particularly regarding the potential for punitive measures against staff members who may unintentionally fail to report or misinterpret incidents.

Contention

While the intentions behind SB190 are largely viewed as positive, the legislation may face scrutiny concerning the adequacy of the timeframe for reporting and the clear definitions of 'witnessing abuse.' Critics may argue that the bill could lead to a chilling effect where employees might fear punitive action for failure to report, particularly in ambiguous situations. Additionally, discussions may focus on ensuring adequate training and resources for staff to understand their reporting obligations, thereby preventing inadvertent criminal charges against well-meaning educators.

Companion Bills

No companion bills found.

Previously Filed As

LA SB4

Criminalizes the failure to report the sexual abuse of a child. (gov sig)

LA HB577

Provides relative to the reporting of child abuse (EN INCREASE GF EX See Note)

LA SB357

Provides relative to the reporting of child sexual abuse. (gov sig)

LA SB75

Creates the crimes of failure to report a missing child and failure to report death of a child. (gov sig) (EN INCREASE GF EX See Note)

LA SB74

Creates the crime of "Failure to report the death or missing of a child". (gov sig) (OR INCREASE GF EX See Note)

LA SB423

Provides a survivor benefit for teachers and other school employees killed in the line of duty. (gov sig) (OR INCREASE GF EX See Note)

LA SB255

Provides relative to sexual assault on college campuses. (gov sig) (EN INCREASE GF EX See Note)

LA HR249

Directs the state Department of Education to study reporting by school systems of incidents of school employees committing child abuse and sexual assault against students

LA SB230

Provides relative to power-based violence on college and university campuses. (gov sig) (EN SEE FISC NOTE GF EX See Note)

LA HB75

Creates the crimes of failure to report a missing or deceased child (OR INCREASE GF EX See Note)

Similar Bills

No similar bills found.