HLS 18RS-968 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 443
BY REPRESENTATIVE SMITH
HEALTH/MEDICAL TREATMENT: Provides with respect to reporting requirements for
a victim of a sexually-oriented criminal offense
1 AN ACT
2To amend and reenact R.S. 40:1216.1(A)(4)(a), relative to the procedures for medical
3 treatment of a victim of a sexually-oriented criminal offense; to provide for the
4 protection of a victim who is aged seventeen or younger; to provide for the
5 requirements of mandatory reporting to law enforcement; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1216.1(A)(4)(a) is hereby amended and reenacted to read as
9follows:
10 ยง1216.1. Procedures for victims of a sexually-oriented criminal offense; immunity;
11 regional plans; maximum allowable costs; definitions
12 A. All licensed hospitals and healthcare providers in Louisiana shall adhere
13 to the following procedures in the event that a person, male or female, presents
14 himself or herself or is presented for treatment as a victim of a sexually-oriented
15 criminal offense:
16 * * *
17 (4)(a) Notwithstanding any other provisions of this Section, if any person
18 sixteen seventeen years old or younger presents himself or herself or is presented for
19 treatment as a victim of a sexually-oriented criminal offense, the hospital or
20 healthcare provider shall immediately notify the appropriate law enforcement
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-968 ORIGINAL
HB NO. 443
1 official. The appropriate law enforcement official shall have seven days from the
2 receipt of the notification to retrieve any evidence collected by the hospital pursuant
3 to this Subparagraph.
4 * * *
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 443 Original 2018 Regular Session Smith
Abstract: Requires a healthcare provider to notify law enforcement when a person age
seventeen or younger presents for treatment of a sexually-oriented criminal offense.
Present law requires that upon seeking treatment for a sexually-oriented criminal offense,
a victim has the right to refuse to report the incident to law enforcement.
Present law requires that if the victim of the offense does not wish to report the offense, that
a hospital or healthcare provider shall treat him in the standard manner, with tests and
examinations specific to the crime explained and offered to the victim but not mandated.
Proposed law retains present law.
Present law requires that a hospital or healthcare provider report a sexually-oriented criminal
offense to law enforcement if the victim is 16 years of age or younger. Proposed law
increases the age from 16 to 17.
(Amends R.S. 40:1216.1(A)(4)(a))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.