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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
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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 is eighteen years of age or older who witnesses22
sexual abuse of a child and knowingly and willfully fails to report the sexual23
abuse to law enforcement or to the Department of Children and Family Services24
as required by Children's Code Article 610, shall be fined not more than ten25
thousand dollars or imprisoned with or without hard labor for not more than26
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
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43.3, 46.2, 46.3, 78, 78.1, 80, 81, 81.1, 81.2, 86, 89, 89.1, and the attempt to1
commit any of these crimes pursuant to R.S. 14:27.2
* * *3
Section 2. The introductory paragraph of Children's Code Article 603(15) and (d)4
and 610(A) and (E)(1) and (2) are hereby amended and reenacted and Children's Code5
Article 603(15)(j) is hereby enacted to read as follows:6
Art. 603. Definitions7
As used in this Title:8
* * *9
(15) "Mandatory reporter" is any of the following individuals performing10
their occupational duties:11
* * *12
(d) "Teaching or child care provider" is any person who provides or assists13
in the teaching, training and supervision of a child, including any public or private14
teacher, teacher's aide, instructional aide, school principal, school staff member, bus15
driver, coach, professor, technical or vocational instructor, technical or16
vocational school staff member, college or university administrator, college or17
university staff member, social worker, probation officer, foster home parent, group18
home or other child care institutional staff member, personnel of residential home19
facilities, a licensed or unlicensed day care provider, or any individual who provides20
such services to a child in a voluntary or professional capacity.21
* * *22
(j) "Organizational or youth activity provider" is any person who23
provides organized activities for children, including administrators, employees,24
or volunteers of any day camp, summer camp, youth center, or youth recreation25
programs or any other organization that provides organized activities for26
children.27
* * *28
Art. 610. Reporting procedure29 SB NO. 4
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A. Reports of child abuse or neglect or that such was a contributing factor1
in a child's death, where the abuser is believed to be a parent or caretaker, a person2
who maintains an interpersonal dating or engagement relationship with the parent or3
caretaker, or a person living in the same residence with the parent or caretaker as a4
spouse whether married or not, shall be made immediately to the local child5
protection unit of the department through the designated state child protection6
reporting hotline telephone number. Reports in which the abuse or neglect is7
believed to be perpetrated by someone other than a caretaker, a person who8
maintains an interpersonal dating or engagement relationship with the parent or9
caretaker, or a person living in the same residence with the parent or caretaker as a10
spouse whether married or not, and the caretaker is not believed to have any11
responsibility for the abuse or neglect shall be made immediately to a local or state12
law enforcement agency. Dual reporting to both the local child protection unit of the13
department through the designated state child protection reporting hotline14
telephone number and the local or state law enforcement agency is permitted.15
* * *16
E.(1) All reports made to any local or state law enforcement agency17
involving abuse or neglect in which the child's parent or caretaker, a person who18
maintains an interpersonal dating or engagement relationship with the parent or19
caretaker, or a person living in the same residence with the parent or caretaker as a20
spouse whether married or not, is believed responsible shall be promptly21
communicated to the local child protection unit of the department through the22
designated state child protection reporting hotline telephone number in23
accordance with a written working agreement developed between the local law24
enforcement agency and child protection unit the department.25
(2) A local child protection unit The department shall promptly26
communicate abuse or neglect cases not involving a parent, caretaker, or occupant27
of the household to the appropriate law enforcement agency in accordance with a28
written working agreement developed between the local child protection unit29 SB NO. 4
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department and law enforcement agency. The local child protection unit1
department also shall report all cases of child death which involve a suspicion of2
abuse or neglect as a contributing factor in the child's death to the local and state law3
enforcement agencies, the office of the district attorney, and the coroner.4
* * *5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Danielle Doiron.
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, with or without hard labor, for not more than three years,
or both. Proposed law defines "serious bodily injury."
3. Provides that any person who is 18 years of age or older 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 SB NO. 4
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than $10,000 or imprisoned, with or without hard labor, for not more than five years,
or both. Proposed law defines "sexual abuse" for purposes of this provision as
including rape, aggravated rape, forcible rape, simple rape, sexual battery, second
degree sexual battery, oral sexual battery, human trafficking, trafficking of children
for sexual purposes, incest, aggravated incest, felony carnal knowledge of a juvenile,
indecent behavior with juveniles, pornography involving juveniles, molestation of
a juvenile or a person with a physical or mental disability, enticing persons into
prostitution, crime against nature, aggravated crime against nature, and the attempt
to commit any of those offenses.
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. SB NO. 4
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.Senate Floor Amendments to engrossed bill.
1. Adds age requirement of eighteen years or older to "mandatory reporter"
provision for a person who witnesses sexual abuse of a child and knowingly
and willfully fails to report such abuse.
2. Adds to the list of offenses included within the definition of "sexual abuse"
enticing persons into prostitution and the attempt to commit any of the
enumerated offenses.