Louisiana 2016 Regular Session

Louisiana House Bill HB639

Introduced
3/4/16  
Introduced
3/4/16  
Refer
3/4/16  
Refer
3/4/16  
Refer
3/14/16  

Caption

Provides for blood testing of caretaker when infant death occurs

Impact

The proposed law will have significant implications for the responsibilities of caretakers, adding a layer of accountability in the event of an infant's death. By mandating blood testing, the law provides law enforcement with essential tools for uncovering possible culpable behavior related to substance abuse. This move aligns with a public health and safety perspective, ensuring that the care environment is scrutinized, particularly in cases that could involve negligence or malpractice. Supporters argue that this measure could help identify harmful trends and prevent future infant fatalities linked to caretaker neglect or substance use.

Summary

House Bill 639 seeks to enact a legal requirement for caretakers to submit to a blood test following the death of an infant in their custody. This legislation is aimed at ensuring that when an infant dies, law enforcement agencies or coroners can conduct investigations that assess potential substance abuse by the caretaker. The bill outlines clear definitions for key terms such as 'caretaker' and 'infant,' and establishes who is authorized to perform the blood tests, including various licensed healthcare professionals. The legislation emphasizes the critical nature of investigating such tragic incidents to safeguard the welfare of infants and potentially prevent similar future occurrences.

Sentiment

Overall, the sentiment surrounding HB 639 appears to be largely supportive, particularly from child welfare advocates and law enforcement agencies, who see it as a necessary step toward protecting vulnerable children. However, there may be concerns about the implications for caretakers, who may feel stigmatized or criminalized in situations of tragedy. The legislation reflects a broader societal commitment to prioritize child safety, but it also raises questions about the balance between investigation and the presumption of innocence for caretakers involved in such tragic events.

Contention

While there is considerable support for enhancing the measures taken when an infant dies under a caretaker's supervision, there are potential points of contention regarding the ethical implications of mandatory testing. Critics may argue that it could lead to a presumption of guilt right from the onset of an investigation. Additionally, concerns may arise around privacy rights and the protocols for how these tests are administered and the subsequent handling of results. The bill's proponents need to address these ethical dilemmas to ensure that the law is applied fairly and justly in practice.

Companion Bills

No companion bills found.

Previously Filed As

LA HB776

Provides relative to operating a vehicle while intoxicated

LA HB331

Authorizes licensed practical nurses to administer chemical tests for intoxication

LA SB419

Provides relative to breath and blood tests in connection with an arrest for operating a vehicle while intoxicated. (gov sig)

LA SB138

Requires postaccident drug testing when a traffic accident involves "serious bodily injury". (gov sig)

LA HB106

Dwi Blood Testing

LA HB53

Dwi Blood Testing

LA HB1468

FAMILY CARE PLANS FOR INFANTS

LA HB678

Provides relative to prenatal neglect and reporting thereof

LA HB479

Provides relative to prenatal neglect and reporting thereof

LA SB322

Provides relative to tests for suspected drunken drivers. (gov sig)

Similar Bills

No similar bills found.