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 311 Original 2015 Regular Session Moreno
Abstract: Provides relative to the Crime Victims Reparations Board's application procedures and
requirements for victims of a sexually-oriented criminal offense.
Present law defines "forensic medical examination" to mean an exam provided to a victim of a
sexually-oriented criminal offense by a health care provider to gather and preserve evidence.
Proposed law retains present law and adds a requirement that the examination include: examination
of a physical trauma; a determination of penetration or force; a patient interview; and collection and
evaluation of evidence, which includes photographic documentation, chain of custody, medical
specimen collection, and toxicology screening when necessary. Proposed law requires the results
of the examination to remain confidential when submitted to the Crime Victims Reparations Board
(board).
Present law defines "claimant" to mean a victim or dependent of a deceased victim, legal
representative of either, an intervenor, or in the event of death, the person who legally or voluntarily
assumes the deceased's medical and funeral obligations related to the crime.
Proposed law retains present law and adds to the definition of "claimant" a healthcare provider who
provides a health care services associate with a forensic medical examination.
Proposed law provides for the definitions of "sexually-oriented criminal offense", "healthcare
provider" and "healthcare services".
Proposed law requires that an application for reparations for a victim of a sexually-oriented criminal
offense shall be filed in writing with the board within one year after the date of injury, death, or
property loss or for a longer period as determined by the board.
Present law prohibits an award of reparations if the board finds that the crime was not timely
reported in accordance with present law or that the claimant failed to cooperate with requests from
law enforcement officials.
Proposed law excludes victims of a sexual offense from reporting such crimes to law enforcement
for purposes of filing a valid application for reparations.
Proposed law requires a claimant to submit certification from a healthcare provider that a forensic
medical examination was conducted on the victim and requires the healthcare provider to submit such certification when requested by a claimant.
Proposed law requires the board to promulgate rules and regulations relative to guidelines for the
costs and expenses associated with forensic medical examinations and to provide a cap of $1,000
for each examination.
Present law authorizes the reduction or denial of an award if it is determined by the board that the
behavior of the victim at the time of the crime bears some responsibility to the injury, death, or
property loss except for victims of human trafficking-related offenses.
Proposed law retains present law, and adds the exclusion for victims of a sexually-oriented criminal
offense.
Proposed law requires hospitals and healthcare providers to provide victims of sexually-oriented
offenses a pamphlet giving notification of the billing process and procedures available through the
board.
(Amends R.S. 15:622(A)(2) and (4) and R.S. 46:1802(4), (7)-(10), 1806(B), (C), and (D), 1809(B)(3)
and (4)(a), and 1817(A); Adds R.S. 46:1802(10.1), (11), (12), and (13), 1806(E), and 1807(B)(7))