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Regular Session, 2012
SENATE BILL NO. 75
BY SENATOR KOSTELKA
CRIME/PUNISHMENT. Creates the crimes of failure to report a missing child and failure
to report death 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), 403.7 and 403.8,2
relative to offenses affecting law enforcement; to increase the penalty for3
communicating false information to law enforcement regarding a missing child4
under certain circumstances; to create the crimes of failure to report a missing child5
and failure to report the death of a child; to provide for definitions; to provide for6
penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:403.3(D) is hereby amended and reenacted and R.S. 14:403.3(E),9
403.7 and 403.8 are hereby enacted to read as follows:10
§403.3. Reports of missing children; procedures; false reports or communications;11
penalties12
* * *13
D. Whoever violates the provisions of Subsection B or C herein of this14
Section shall be fined not more than two thousand dollars or be imprisoned for not15
more than one year, with or without hard labor, or both.16
E. Whoever violates the provisions of Subsection C of this Section shall17 SB NO. 75
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be imprisoned at hard labor for not more than five years.1
* * *2
§403.7. Failure to report a missing child3
A.(1) A child's caretaker shall report to an appropriate authority that4
a child is missing within two hours of the expiration of the period provided for5
in Paragraph (2) of this Subsection.6
(2) For purposes of this Subsection, there shall be a presumption that a7
child is missing and that the child's caretaker knew or should have known that8
the child is missing when the caretaker does not know the location of the child9
and has not been in contact with nor verified the location or safety of the child:10
(a) With regard to a child over the age of thirteen, for a period of twenty-11
four hours.12
(b) With regard to a child thirteen years of age or younger, for a period13
of twelve hours.14
B. For purposes of this Section:15
(1) "Appropriate authority" includes:16
(a) A state or local law enforcement agency.17
(b) A 911 Public Safety Answering Point as defined in Title 33 of the18
Louisiana Revised Statutes of 1950.19
(2) "Caretaker" means the child's parent, grandparent, legal guardian,20
or any person who, at the time of the child's disappearance, has physical21
custody of the child.22
(3) "Child" means any person under the age of seventeen years.23
(4) "Serious bodily injury" means bodily injury which involves24
unconsciousness, extreme physical pain, or protracted and obvious25
disfigurement, or protracted loss or impairment of the function of a bodily26
member, organ, or mental faculty, or a substantial risk of death.27
C. Any person who violates the provisions of Subsection (A) of this28
Section shall be punished as follows:29 SB NO. 75
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(1) If the child is found dead or determined to be dead, then the offender1
shall be imprisoned at hard labor for not less than two years nor more than fifty2
years without benefit of parole, probation, or suspension of sentence, and fined3
not more than fifty thousand dollars.4
(2) If the child has remained missing for a period of more than six5
months at the time of conviction and not determined to be dead, then the6
offender shall be imprisoned at hard labor for not less than two years nor more7
than ten years without benefit of parole, probation, or suspension of sentence,8
and fined not more than twenty-five thousand dollars.9
(3) If the child is determined to have been either physically or sexually10
abused during the time that the child was missing, then the offender shall be11
imprisoned at hard labor for not more than ten years without benefit of parole,12
probation, or suspension of sentence, and fined not more than ten thousand13
dollars.14
(4) If the child is found unharmed, then the offender shall be imprisoned15
for not more than six months, or fined not more than five hundred dollars, or16
both.17
D. The period of time in which a caretaker is required to report a18
missing child as provided in Subsection A of this Section shall be suspended for19
the period of time in which the caretaker is unable to make a report due to20
circumstances beyond the caretaker's control.21
§403.8. Failure to report the death of a child22
A. It shall be unlawful for a child's caretaker to fail to report to an23
appropriate authority the death of a child that occurs while the child is in the24
physical custody of the caretaker, within one hour of the caretaker's discovery25
of the child's death or one hour of the caretaker learning of the location of the26
child's body.27
B. For purposes of this Section:28
(1) "Appropriate authority" includes:29 SB NO. 75
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(a) A state or local law enforcement agency.1
(b) A 911 Public Safety Answering Point as defined in Title 33 of the2
Louisiana Revised Statutes of 1950.3
(c) The coroner of the parish in which the child's body is located.4
(d) Emergency medical personnel.5
(2) "Caretaker" means the child's parent, grandparent, legal guardian,6
or any person who, at the time of the child's death, has physical custody of the7
child.8
(3) "Child" means any person under the age of seventeen years.9
C. Whoever violates the provisions of this Section shall be fined not10
more than five thousand dollars and shall be imprisoned, with or without hard11
labor, for not more than five years.12
D. The period of time in which a caretaker is required to report the13
death of a child as provided in Subsection A of this Section shall be suspended14
for the period of time in which the caretaker is unable to make a report due to15
circumstances beyond the caretaker's control.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
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 provides that it is unlawful for a person to knowingly file a false missing child
report with a law enforcement agency, or to intentionally communicate false information
concerning a missing child to a law enforcement agency with the specific intent to delay or
otherwise hinder an investigation to locate the child.
Present law further provides that whoever violates these provisions of present law is to be
fined up to $2,000 and imprisoned for up to one year, with or without hard labor, or both.
Proposed law retains the penalty for filing a false missing child report, but increases the
penalty for communicating false information concerning a missing child to imprisonment SB NO. 75
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at hard labor for up to five years.
Proposed law otherwise retains present law.
Proposed law provides that a child's caretaker must report to an appropriate authority that
a child is missing within two hours of the expiration of the period provided for in proposed
law.
Proposed law provides that there is a presumption that a child is missing and that the child's
caretaker knew or should have known that the child is missing when the caretaker does not
know the location of the child and has not been in contact with nor verified the location or
safety of the child for the following periods of time:
1. With regard to a child over the age of 13, for a period of 24 hours.
2. With regard to a child 13 years of age or younger, for a period of 12 hours.
Proposed law provides the following definitions:
1. "Appropriate authority" includes a state or local law enforcement agency or a 911
Public Safety Answering Point as defined in present law.
2. "Caretaker" means the child's parent, grandparent, legal guardian, or any person who,
at the time of the child's disappearance, has physical custody of the child.
3. "Child" means any person under the age of 17 years.
4. "Serious bodily injury" means bodily injury which involves unconsciousness,
extreme physical pain, or protracted and obvious disfigurement, or protracted loss
or impairment of the function of a bodily member, organ, or mental faculty, or a
substantial risk of death.
Proposed law provides that any person who violates the provisions of proposed law is to be
punished as follows:
1. If the child is found dead or determined to be dead, then the offender is to be
imprisoned at hard labor for not less than two years nor more than 50 years without
benefit of parole, probation, or suspension of sentence, and fined not more than
$50,000.
2. If the child has remained missing for a period of more than six months at the time of
conviction and not determined to be dead, then the offender is to be imprisoned at
hard labor for not less than two years nor more than 10 years without benefit of
parole, probation, or suspension of sentence, and fined not more than $25,000.
3. If the child is determined to have been either physically or sexually abused during
the time that the child was missing, then the offender is to be imprisoned at hard
labor for not more than 10 years without benefit of parole, probation, or suspension
of sentence, and fined not more than $10,000.
4. If the child is found unharmed, then the offender is to be imprisoned for not more
than six months, or fined not more than $500, or both.
Proposed law provides that the period of time in which a caretaker is required to report a
missing child is suspended for the period of time in which the caretaker is unable to make
a report due to circumstances beyond the caretaker's control.
Proposed law provides that it is unlawful for a child's caretaker to fail to report to an SB NO. 75
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appropriate authority the death of a child that occurs while the child is in the physical
custody of the caretaker, within one hour of the caretaker's discovery of the child's death or
one hour of the caretaker learning of the location of the child's body.
Proposed law provides the following definitions:
1. "Appropriate authority" includes a state or local law enforcement agency, a 911
Public Safety Answering Point as defined in present law, the coroner of the parish
in which the child's body is located, or emergency medical personnel.
2. "Caretaker" means the child's parent, grandparent, legal guardian, or any person who,
at the time of the child's death, has physical custody of the child.
3. "Child" means any person under the age of 17 years.
Proposed law provides that whoever violates the provisions of proposed law is to be fined
not more than $5,000 and imprisoned, with or without hard labor, for not more than five
years.
Proposed law provides that the period of time in which a caretaker is required to report the
death of a child is suspended for the period of time in which the caretaker is unable to make
a report due to circumstances beyond the caretaker's control.
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), 403.7 and 403.8)