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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2012
SENATE BILL NO. 74
BY SENATOR CROWE
CRIME/PUNISHMENT. Creates the crime of "Failure to report the death or missing of a
child". (gov sig)
AN ACT1
To amend and reenact R.S. 14:403.3(D) and to enact R.S. 14:403.3(E) and 403.7, relative2
to offenses affecting law enforcement; creates the crime of failure to report the death3
of a child; to provide for certain elements; to provide relative to false reports of4
missing children; to provide for definitions; to provide for penalties; to provide for5
an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14: 403.3 is hereby amended and reenacted and R.S. 14:403.7 is here8
by enacted to read as follows: 9
§403.3. Reports of missing children; procedures; false reports or communications;10
penalties11
A.(1) * * *12
* * *13
D. Whoever violates the provisions of Subsections B or C herein shall be14
fined not more than two thousand dollars or be imprisoned for not more than one15
year, with or without hard labor, or both.16
E. Whoever violates the provision of Subsection C herein shall be17 SB NO. 74
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
imprisoned at hard labor for not more than five years. 1
* * *2
§403.7. Failure to report the death of a child3
A. It shall be a felony offense for any person who fails to report the death4
of a child, to any state or local law enforcement agency, upon discovering the5
death.6
B. For the purposes of this Section, "child" means a person who has not7
attained eighteen years of age, who has not been judicially emancipated under8
Civil Code Article 385 or emancipated by marriage under Civil Code Articles9
379 through 384. 10
C. Whoever commits the crime of failure to report the death of a child11
shall be imprisoned at hard labor for not more than twenty years without12
benefit of parole, probation, or suspension of sentence.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that whoever violates the provisions of present law will be fined not
more than $2,000 dollars or be imprisoned for not more than one year, with or without hard
labor, or both.
Proposed law retains present law and provides that whoever violates the provision of law
relative to intentionally giving false information concerning a missing child to a law
enforcement agency when such information is communicated with the specific intent to
delay or otherwise hinder an investigation to locate the child, will be imprisoned at hard
labor for not more than five years.
Proposed law creates the crime of failure to report the death of a child.
Proposed law defines "child" as a person who has not attained 18 years of age, who has not
been judicially emancipated under Civil Code Article 385 or emancipated by marriage under
Civil Code Articles 379 through 384. DRAFT
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that whoever commits the crime of failure to report the death of a
child will be imprisoned at hard labor for not more than 20 years without benefit of parole,
probation, or suspension of sentence.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:403.3(D); adds R.S. 14:403.3(E) and 403.7)