SLS 12RS-37 ENGROSSED
Page 1 of 6
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. 4
BY SENATORS MORRELL, DORSEY-COLOMB, MILLS, PERRY AND WHITE AND
REPRESENTATIVE LEGER
CRIME/PUNISHMENT. Criminalizes the failure to report the sexual abuse of a child. (gov
sig)
AN ACT1
To amend and reenact R.S. 14:403(A) and the introductory paragraph of Children's Code2
Article 603(15) and (d) and 610(A) and (E)(1) and (2), and to enact Children's Code3
Article 603(15)(j), relative to reporting abuse of children; to provide for mandatory4
reporting of sexual abuse of a child; to provide for definition; to provide for5
penalties; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:403(A) is hereby amended and reenacted to read as follows: 8
ยง403. Abuse of children; reports; waiver of privilege 9
A.(1)(a) Any person who, under Children's Code Article 609(A), is required10
to report the abuse or neglect or sexual abuse of a child and knowingly and willfully11
fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined12
not more than five hundred dollars or imprisoned for not more than six months, or13
both.14
(b) Any person who, under Children's Code Article 609(A), is required15
to report the sexual abuse of a child, or the abuse or neglect of a child which16
results in the serious bodily injury, neurological impairment, or death of the17 SB NO. 4
SLS 12RS-37 ENGROSSED
Page 2 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
child, and the person knowingly and willfully fails to so report shall be fined not1
more than three thousand dollars or imprisoned, with or without hard labor,2
for not more than three years, or both. For purposes of this Subparagraph,3
"serious bodily injury" means injury involving protracted and obvious4
disfigurement or protracted loss or impairment of the function of a bodily5
member, organ, or mental faculty, or substantial risk of death.6
(2) Any person, any employee of a local child protection unit of the7
Department of Children and Family Services, any employee of any local law8
enforcement agency, any employee or agent of any state department, or any school9
employee who knowingly and willfully violates the provisions of Chapter 5 of Title10
VI of the Children's Code, or who knowingly and willfully obstructs the procedures11
for receiving and investigating reports of child abuse or neglect or sexual abuse, or12
who discloses without authorization confidential information about or contained13
within such reports shall be guilty of a misdemeanor and upon conviction shall be14
fined not more than five hundred dollars or imprisoned for not more than six months,15
or both.16
(3) Any person who reports a child as abused or neglected or sexually abused17
to the department or to any law enforcement agency, knowing that such information18
is false, shall be guilty of a misdemeanor and upon conviction shall be fined not19
more than five hundred dollars or imprisoned for not more than six months, or both.20
(4)(a) Notwithstanding the provisions of Paragraph (1) of this21
Subsection, any person who witnesses sexual abuse of a child and knowingly and22
willfully fails to report the sexual abuse to law enforcement or to the23
Department of Children and Family Services as required by Children's Code24
Article 610, shall be guilty of a felony and upon conviction shall be fined not25
more than ten thousand dollars or imprisoned with or without hard labor for26
not more than five years, or both.27
(b) For purposes of this Paragraph, "sexual abuse" shall include but is28
not limited to acts which are prohibited by R.S. 14:41, 42, 42.1, 43, 43.1, 43.2,29 SB NO. 4
SLS 12RS-37 ENGROSSED
Page 3 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
43.3, 46.2, 46.3, 78, 78.1, 80, 81, 81.1, 81.2, 89 and 89.1.1
* * *2
Section 2. The introductory paragraph of Children's Code Article 603(15) and (d)3
and 610(A) and (E)(1) and (2) are hereby amended and reenacted and Children's Code4
Article 603(15)(j) is hereby enacted to read as follows:5
Art. 603. Definitions6
As used in this Title:7
* * *8
(15) "Mandatory reporter" is any of the following individuals performing9
their occupational duties:10
* * *11
(d) "Teaching or child care provider" is any person who provides or assists12
in the teaching, training and supervision of a child, including any public or private13
teacher, teacher's aide, instructional aide, school principal, school staff member, bus14
driver, coach, professor, technical or vocational instructor, technical or15
vocational school staff member, college or university administrator, college or16
university staff member, social worker, probation officer, foster home parent, group17
home or other child care institutional staff member, personnel of residential home18
facilities, a licensed or unlicensed day care provider, or any individual who provides19
such services to a child in a voluntary or professional capacity.20
* * *21
(j) "Organizational or youth activity provider" is any person who22
provides organized activities for children, including administrators, employees,23
or volunteers of any day camp, summer camp, youth center, or youth recreation24
programs or any other organization that provides organized activities for25
children.26
* * *27
Art. 610. Reporting procedure28
A. Reports of child abuse or neglect or that such was a contributing factor29 SB NO. 4
SLS 12RS-37 ENGROSSED
Page 4 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in a child's death, where the abuser is believed to be a parent or caretaker, a person1
who maintains an interpersonal dating or engagement relationship with the parent or2
caretaker, or a person living in the same residence with the parent or caretaker as a3
spouse whether married or not, shall be made immediately to the local child4
protection unit of the department through the designated state child protection5
reporting hotline telephone number. Reports in which the abuse or neglect is6
believed to be perpetrated by someone other than a caretaker, a person who7
maintains an interpersonal dating or engagement relationship with the parent or8
caretaker, or a person living in the same residence with the parent or caretaker as a9
spouse whether married or not, and the caretaker is not believed to have any10
responsibility for the abuse or neglect shall be made immediately to a local or state11
law enforcement agency. Dual reporting to both the local child protection unit of the12
department through the designated state child protection reporting hotline13
telephone number and the local or state law enforcement agency is permitted.14
* * *15
E.(1) All reports made to any local or state law enforcement agency16
involving abuse or neglect in which the child's parent or caretaker, a person who17
maintains an interpersonal dating or engagement relationship with the parent or18
caretaker, or a person living in the same residence with the parent or caretaker as a19
spouse whether married or not, is believed responsible shall be promptly20
communicated to the local child protection unit of the department through the21
designated state child protection reporting hotline telephone number in22
accordance with a written working agreement developed between the local law23
enforcement agency and child protection unit the department.24
(2) A local child protection unit The department shall promptly25
communicate abuse or neglect cases not involving a parent, caretaker, or occupant26
of the household to the appropriate law enforcement agency in accordance with a27
written working agreement developed between the local child protection unit28
department and law enforcement agency. The local child protection unit29 SB NO. 4
SLS 12RS-37 ENGROSSED
Page 5 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department also shall report all cases of child death which involve a suspicion of1
abuse or neglect as a contributing factor in the child's death to the local and state law2
enforcement agencies, the office of the district attorney, and the coroner.3
* * *4
Section 3. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alden A. Clement, Jr.
DIGEST
Morrell (SB 4)
Present law provides that a mandatory reporter who knowingly and willfully fails to report
the abuse, neglect, or sexual abuse of a child is to be fined not more than five hundred
dollars or imprisoned for not more than six months, or both.
Present law provides for a definition of "mandatory reporter" and provides for a list of
certain persons, who in performing their occupational duties, are considered mandatory
reporters.
Present law further provides that teachers or child care providers are mandatory reporters
and include any person who provides training and supervision of a child, including any
public or private teacher, teacher's aide, instructional aide, school principal, school staff
member, social worker, probation officer, foster home parent, group home or other child care
institutional staff member, personnel of residential home facilities, a licensed or unlicensed
day care provider, or any individual who provides such services to a child.
Proposed law provides for the following:
(1)Provides that a mandatory reporter is to be fined not more than $500 or imprisoned
for not more than six months, or both, only for the knowing and willful failure to
report the abuse or neglect of a child.
(2)Provides that a mandatory reporter who knowingly and willfully fails to report the
sexual abuse of a child, or the abuse or neglect of a child which results in serious
bodily injury, neurological impairment, or death of a child, is to be fined not more
than $3,000 or imprisoned for not more than three years, or both. Proposed law
defines "serious bodily injury."
(3)Provides that any person who witnesses the sexual abuse of a child and knowingly
or willfully fails to report the abuse to law enforcement or the Dept. of Public Safety
and Corrections is to be fined not more than $10,000 or imprisoned for not more than
5 years, or both. Proposed law defines "sexual abuse." SB NO. 4
SLS 12RS-37 ENGROSSED
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4)Removes the provision that requires an individual in the list of present law
"mandatory reporters" to be "performing their occupational duties" in order to be
considered a "mandatory reporter."
(5)Expands the definition of "teaching or child care provider" to include any person
who assists in the teaching, training, and supervision of a child, bus drivers, coaches,
professors, technical or vocational instructors, technical or vocational school staff
members, college or university administrators, college or university staff members,
any person who provides teaching or child care services in a voluntary capacity.
(6)Adds "organizational or youth activity provider" to the list of "mandatory reporters."
Present law requires reports of child abuse or neglect to be made to the local child protection
unit of the Dept. of Children and Family Services (DCFS).
Proposed law amends present law and requires the reporting of child abuse or neglect to be
made to DCFS through the designated state child protection reporting hotline telephone
number.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:403(A) and Ch.C. Art. 603(15)(intro para) and (d), 610(A) and (E)(1) and
(2); adds Ch.C. Art. 603(15)(j))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Adds provisions relative to "mandatory reporter" reporting requirements and
penalties for knowingly and willfully failing to report sexual abuse of a child
or abuse or neglect of a child resulting in serious bodily injury, neurological
impairment, or death.
2. Adds provisions and definitions relative to "sexual abuse," "serious bodily
injury," and "teaching or child care provider."
3. Adds "organizational or youth activity provider" to the list of "mandatory
reporters."
4. Adds requirement that the reporting of child abuse or neglect be made to
DCFS through the designated state child protection reporting hotline
telephone number.