Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB296 Chaptered / Bill

                    Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014	ENROLLED
SENATE BILL NO. 296
BY SENATOR MORRELL 
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
the purpose of gathering and preserving evidence of a sexual assault for use in18
a court of law.19
(3) "Sexual assault collection kit" means a human biological specimen20
or specimens collected by a health care provider during a forensic medical21
examination from the victim of a sexually-oriented criminal offense.22
(4) "Sexually-oriented criminal offense" includes any sexual assault23
offense as defined in R.S. 44:51 and any sexual abuse offense as defined in R.S.24
14:403.25
ACT No. 124 SB NO. 296	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(5) "Untested sexual assault collection kit" means a sexual assault1
collection kit that has not been submitted to the Louisiana State Police Crime2
Laboratory or a similar qualified laboratory for either a serology or3
deoxyribonucleic acid (DNA) test.4
B.  By January 1, 2015, all criminal justice agencies charged with the5
maintenance, storage, and preservation of sexual assault collection kits shall6
conduct a physical inventory of all such kits being stored by the agency and7
shall compile, in writing, a report containing the number of untested sexual8
assault collection kits in the possession of the agency and the date the sexual9
assault kit was collected. Each criminal justice agency shall also provide10
written notification if it does not have any untested sexual assault collection kits11
in its possession. The report shall be transmitted to the director of the Louisiana12
State Police Crime Laboratory.13
C.  By March 1, 2015, the Louisiana State Police Crime Lab shall14
prepare and transmit a report to the chairman of the Senate Committee on15
Judiciary B and the chairman of the House of Representatives Committee on16
Judiciary containing the number of untested sexual assault collection kits being17
stored by each parish, by each criminal justice agency, and the date the untested18
kit was collected. The report shall also include the name and contact19
information of each criminal justice agency that failed to submit the report20
required by Subsection B of this Section.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: