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words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 75
BY SENATORS KOSTELKA, ALARIO, ALLAIN, AMEDEE, APPEL, BROOME,
BROWN, BUFFINGTON, CORTEZ, CROWE, DONAHUE, DORSEY-
COLOMB, ERDEY, HEITMEIER, JOHNS, LAFLEUR, LONG, MILLS,
MORRELL, MURRAY, NEVERS, PEACOCK, PERRY, PETERSON,
RISER, GARY SMITH, THOMPSON, WALSWORTH, WARD AND
WHITE
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
be imprisoned at hard labor for not more than five years.18
* * *19
§403.7. Failure to report a missing child20
A.(1) A child's caretaker shall report to an appropriate authority that21
a child is missing within two hours of the expiration of the period provided for22
in Paragraph (2) of this Subsection.23
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(2) For purposes of this Subsection, there shall be a presumption that a1
child is missing and that the child's caretaker knew or should have known that2
the child is missing when the caretaker does not know the location of the child3
and has not been in contact with nor verified the location or safety of the child:4
(a) With regard to a child over the age of thirteen, for a period of twenty-5
four hours.6
(b) With regard to a child thirteen years of age or younger, for a period7
of twelve hours.8
B. For purposes of this Section:9
(1) "Appropriate authority" includes:10
(a) A state or local law enforcement agency.11
(b) A 911 Public Safety Answering Point as defined in Title 33 of the12
Louisiana Revised Statutes of 1950.13
(2) "Caretaker" means the child's parent, grandparent, legal guardian,14
or any person who, at the time of the child's disappearance, has physical15
custody of the child.16
(3) "Child" means any person under the age of seventeen years.17
(4) "Serious bodily injury" means bodily injury which involves18
unconsciousness, extreme physical pain, or protracted and obvious19
disfigurement, or protracted loss or impairment of the function of a bodily20
member, organ, or mental faculty, or a substantial risk of death.21
C. Any person who violates the provisions of Subsection A of this Section22
shall be punished as follows:23
(1) If the child is found dead or determined to be dead, then the offender24
shall be imprisoned at hard labor for not less than two years nor more than fifty25
years without benefit of parole, probation, or suspension of sentence, and fined26
not more than fifty thousand dollars.27
(2) If the child has remained missing for a period of more than six28
months at the time of conviction and not determined to be dead, then the29
offender shall be imprisoned at hard labor for not less than two years nor more30 SB NO. 75 ENROLLED
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than ten years without benefit of parole, probation, or suspension of sentence,1
and fined not more than twenty-five thousand dollars.2
(3) If the child is determined to have been either physically or sexually3
abused during the time that the child was missing, then the offender shall be4
imprisoned at hard labor for not more than ten years without benefit of parole,5
probation, or suspension of sentence, and fined not more than ten thousand6
dollars.7
(4) If the child is found unharmed, then the offender shall be imprisoned8
for not more than six months, or fined not more than five hundred dollars, or9
both.10
D. The period of time in which a caretaker is required to report a11
missing child as provided in Subsection A of this Section shall be suspended for12
the period of time in which the caretaker is unable to make a report due to13
circumstances beyond the caretaker's control.14
§403.8. Failure to report the death of a child15
A. It shall be unlawful for a child's caretaker to fail to report to an16
appropriate authority the death of a child that occurs while the child is in the17
physical custody of the caretaker, within one hour of the caretaker's discovery18
of the child's death or one hour of the caretaker learning of the location of the19
child's body.20
B. For purposes of this Section:21
(1) "Appropriate authority" includes:22
(a) A state or local law enforcement agency.23
(b) A 911 Public Safety Answering Point as defined in Title 33 of the24
Louisiana Revised Statutes of 1950.25
(c) The coroner of the parish in which the child's body is located.26
(d) Emergency medical personnel.27
(2) "Caretaker" means the child's parent, grandparent, legal guardian,28
or any person who, at the time of the child's death, has physical custody of the29
child.30 SB NO. 75 ENROLLED
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(3) "Child" means any person under the age of seventeen years.1
C. Whoever violates the provisions of this Section shall be fined not2
more than five thousand dollars and shall be imprisoned, with or without hard3
labor, for not more than five years.4
D. The period of time in which a caretaker is required to report the5
death of a child as provided in Subsection A of this Section shall be suspended6
for the period of time in which the caretaker is unable to make a report due to7
circumstances beyond the caretaker's control.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: