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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 296
BY SENATOR MORRELL
CRIMINAL JUSTICE. Provides relative to inventory of untested sexual assault collection
kits. (8/1/14)
AN ACT1
To enact R.S. 15:622, relative to sexual assault collection kits; to require criminal justice2
agencies to conduct a physical inventory of such kits; to provide for definitions; to3
provide relative to the reporting of such inventory; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:622 is hereby enacted to read as follows: 6
ยง622. Sexual assault collection kits7
A. As used in this Section:8
(1) "Criminal justice agency" means any government agency or subunit9
thereof, or private agency that, through statutory authorization or a legal10
formal agreement with a governmental unit or agency, has the power of11
investigation, arrest, detention, prosecution, adjudication, treatment,12
supervision, rehabilitation or release of persons suspected, charged, or13
convicted of a crime; or that collects, stores, processes, transmits, or14
disseminates criminal history record or crime information.15
(2) "Forensic medical examination" means an examination provided to16
the victim of a sexually-oriented criminal offense by a health care provider for17 SB NO. 296
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the purpose of gathering and preserving evidence of a sexual assault for use in1
a court of law.2
(3) "Sexual assault collection kit" means a human biological specimen3
or specimens collected by a health care provider during a forensic medical4
examination from the victim of a sexually-oriented criminal offense.5
(4) "Sexually-oriented criminal offense" includes any sexual assault6
offense as defined in R.S. 44:51 and any sexual abuse offense as defined in R.S.7
14:403.8
(5) "Untested sexual assault collection kit" means a sexual assault9
collection kit that has not been submitted to the Louisiana State Police Crime10
Laboratory or a similar qualified laboratory for either a serology or11
deoxyribonucleic acid (DNA) test.12
B. By January 1, 2015, all criminal justice agencies charged with the13
maintenance, storage, and preservation of sexual assault collection kits shall14
conduct a physical inventory of all such kits being stored by the agency and15
shall compile, in writing, a report containing the number of untested sexual16
assault collection kits in the possession of the agency and the date the sexual17
assault kit was collected. Each criminal justice agency shall also provide18
written notification if it does not have any untested sexual assault collection kits19
in its possession. The report shall be transmitted to the director of the Louisiana20
State Police Crime Laboratory.21
C. By March 1, 2015, the Louisiana State Police Crime Lab shall22
prepare and transmit a report to the chairman of the Senate Committee on23
Judiciary B and the chairman of the House of Representatives Committee on24
Judiciary containing the number of untested sexual assault collection kits being25
stored by each parish, by each criminal justice agency, and the date the untested26
kit was collected. The report shall also include the name and contact27
information of each criminal justice agency that failed to submit the report28
required by Subsection B of this Section.29 SB NO. 296
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Proposed law defines "criminal justice agency" as any government agency or subunit
thereof, or private agency that, through statutory authorization or a legal formal agreement
with a governmental unit or agency, has the power of investigation, arrest, detention,
prosecution, adjudication, treatment, supervision, rehabilitation or release of persons
suspected, charged, or convicted of a crime; or that collects, stores, processes, transmits, or
disseminates criminal history record or crime information.
Proposed law requires all criminal justice agencies charged with the maintenance, storage,
and preservation of sexual assault collection kits to conduct a physical inventory of all such
kits being stored by the agency and to compile, in writing, a report to the director of the LSP
Crime Lab containing the number of untested sexual assault collection kits in the possession
of the agency and the date the sexual assault kit was collected by January 1, 2015.
Proposed law requires the LSP Crime Lab to prepare and transmit a report to the chairman
of the Senate Committee on Judiciary B and the chairman of the House of Representatives
Committee on Judiciary containing the number of untested sexual assault collection kits
being stored by each parish, by each criminal justice agency, and the date the untested kit
was collected by March 1, 2015. Also requires the report to identify criminal justice
agencies that failed to report.
Effective August 1, 2014.
(Adds R.S. 15:622)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Expands sexual assault collection kits to include "sexually-oriented criminal
offense".