Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB242 Comm Sub / Analysis

                    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 Ann
S. Brown.
DIGEST
SB 242 Reengrossed 2015 Regular Session	Morrell
Proposed law requires each criminal justice agency, including college and university campus police
departments, to report all of the following information for the preceding calendar year no later than
February 15
th
 of each year to the Commission on Law Enforcement and the Administration of
Criminal Justice:
(a)The number of sexually-oriented criminal offenses reported.
(b)The status of each sexually-oriented criminal offense reported.
(c)The number of sexual assault collection kits submitted for analysis.
(d)The number of reported sexual assault collection kits requiring analysis. 
(e)The number of reported sexual assault collection kits received.
(f)The number of unreported sexual assault collection kits received.
(g)The number of reported sexual assault collection kits that were untested due to judicial or
investigative reasons.
Proposed law requires each  criminal justice agency, including college and university campus police
departments, shall also provide written notification if it does not have:
(a)Any sexually-oriented criminal offenses reported.
(b)Any reported sexual assault collection kits in its possession.
(c)Any unreported sexual assault collection kits in its possession.
 
Proposed law requires each crime laboratory to report the number of sexual assault collection kits
in their backlog for the prior calendar year no later than February 15
th
 to the Louisiana Commission
on Law Enforcement and the Administration of Criminal Justice.
Proposed law requires the Commission on Law Enforcement and the Administration of Criminal
Justice to transmit the information reported to it as required in proposed law to the chairman of the
Senate Committee on Judiciary B and the chairman of the House Committee on Judiciary by March
1st of each year.  Proposed law further requires the report to include the name and contact information of each criminal justice agency that failed to submit the report required by proposed law.
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 records or crime information. 
Proposed law defines "reported sexual assault collection kit" as a kit that contains a human biological
specimen or specimens collected during a forensic medical examination from the victim of a
sexually-oriented criminal offense who reported the crime to law enforcement.
Proposed law defines "sexual assault collection kit" as a kit that is designed to assist in the
preservation of a human biological specimen or specimens collected during a forensic medical
examination from the victim of a sexually-oriented criminal offense.
Proposed law defines "sexually-oriented criminal offense" as sexual assault offenses and sexual
abuse offenses as defined in certain criminal statutes.
Proposed law defines "unreported sexual assault collection kit" as a kit that contains a human
biological specimen or specimens collected during a forensic medical examination from the victim
of a sexually-oriented criminal offense who declined to report the crime to law enforcement.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Add R.S. 15:623)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Changes deadline for annual reporting by criminal justice agencies from Jan. 15
th
 to
February 15th.
2. Changes the agency to whom criminal justice agencies must submit reports from the
Louisiana Association of Chiefs of Police, the Louisiana Sheriffs' Association and
the Louisiana Auditor to the Louisiana Commission on Law Enforcement and the
Administration of Criminal Justice.
3. Adds to the information to be submitted by criminal justice agencies the specific
number of sexual assault collection kits received, requiring analysis, and remaining
untested as well as a written indication of when the specific information required is
not applicable to the particular criminal justice agency. 4. Adds requirement for crime labs to annually report backlog.
5. Adds definition for reported and unreported sexual assault collection kits.
Senate Floor Amendments to engrossed bill
1. Removes the provision requiring criminal justice agencies to provide a written
indication of when the specific information required is not applicable to the particular
agency.
2. Adds a provision requiring criminal justice agencies to provide written indication of
specific information even when such offenses have not occurred.
3. Makes technical corrections.