DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 289 Engrossed 2015 Regular Session Gisclair
Abstract: Establishes maximum periods of time for the transfer to a law enforcement agency of
evidence collected by a hospital from a victim of a rape offense.
Proposed law requires a criminal justice agency to submit, no later than 30 days after receipt of a
sexual assault collection kit, any kit involving an unknown suspect and any kit for which a
prosecuting agency has made an official request for analysis.
Present law provides the procedures for the treatment of and collection of evidence from victims of
a rape offense.
Proposed law retains present law but prohibits a hospital from discussing with the victim the costs
for tests and treatments rendered as a result of the rape offense.
Present law requires the hospital, if the offense is not reported to police, to collect and preserve
evidence for a period of thirty days by assigning a code number to the evidence to maintain
confidentiality. Further requires custody of the evidence to be transferred to a local law enforcement
agency having jurisdiction once the code number is assigned.
Proposed law retains present law and adds a requirement for the local law enforcement agency to
retrieve the evidence no later than seven days after receiving notification that a code number has
been assigned to the evidence.
Present law requires the hospital, if the offense is reported to police, to transfer evidence collected
to law enforcement officers when they arrive to assume responsibility for investigation of the
offense.
Proposed law retains present law but prohibits the evidence from remaining at the hospital more than
seven days after the law enforcement agency receives notification from the hospital.
Present law requires a hospital to immediately notify the appropriate law enforcement official if any
person 16 years old or younger is presented for treatment as a victim of a rape offense.
Proposed law retains present law and adds a requirement for the local law enforcement agency to
retrieve the evidence no later than seven days after receiving notification.
Proposed law requires the hospital staff member who notifies the appropriate law enforcement official to document the date, time, and method of notification and the name of the official who
received the notification.
Proposed law requires, on or before Jan. 1 of each year, each law enforcement agency to provide
each hospital located in its respective jurisdiction with the name of the responsible contact person
along with the responsible person's contact information in order to comply with the provisions of
proposed law in a timely manner.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2109.1(A)(intro. para.) and (2), (3), and (4)(a) and (D); Adds R.S. 15:623)