Louisiana 2018 Regular Session

Louisiana House Bill HCR50 Latest Draft

Bill / Enrolled Version

                            ENROLLED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 50
BY REPRESENTATIVE JAMES
A CONCURRENT RESOL UTION
To urge and request the Louisiana Department of Health and the stakeholders listed herein
to identify means by which to enable the collection of comprehensive information,
prepared and compiled in connection with the death of an individual who suffered
a violent death.
WHEREAS, a "violent death" means any death listed or classified on a death
certificate or coroner's autopsy report or investigative narrative as a homicide, suicide, death
of an undetermined intent, death due to legal intervention, unintentional firearm death, or
death due to terrorism; and 
WHEREAS, Louisiana has one of the highest violent death rates in the United States,
has the second highest homicide rate in the United States, and is ranked third in the United
States for women killed by men; and
WHEREAS, Louisiana has an almost equal number of suicides and homicides,
although suicides outnumber homicides, suicides and homicides cost Louisiana an estimated
two billion dollars annually in medical and work loss costs; and
WHEREAS, violent death surveillance data provides a clearer picture of violent
death and acts as a tool to detect trends and evaluate which policies, programs, and strategies
have the most impact; and
WHEREAS, violent death surveillance requires the collection of copies of all
investigative narratives and crime lab data prepared or compiled by law enforcement in
connection with the death of an individual who has suffered a violent death; and
WHEREAS, violent death surveillance requires the collection of copies of complete
autopsy reports, toxicology reports, and investigative narratives prepared or compiled by
coroners in connection with the death of an individual who has suffered a violent death; and
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WHEREAS, the availability of comprehensive surveillance information on violent
deaths will enable access to essential data needed to apply for funding for violence
prevention efforts; and
WHEREAS, thirty-nine states, Washington, D.C.,  and the territory of Puerto Rico
have identified solutions for timely comprehensive data collection for the National Violent
Death Reporting System (NVDRS); and
WHEREAS, Louisiana law currently lacks the statutory authority that facilitates the
sharing of violent death information from coroners and law enforcement with the office of
public health; and
WHEREAS, in order for Louisiana to comply with federal cooperative endeavor
agreements and have a stronger surveillance system for violent deaths, a solution for sharing
of this information with the office of public health is required; and
WHEREAS, any such solution must ensure that violent death information and
records received by the Louisiana Department of Health from coroners, law enforcement
agencies, and others may not be disclosed or released to third parties, nor be discoverable,
subject to subpoena, or deemed admissible in any civil, criminal, administrative, or other
tribunal or court for any reason, allowing publication or disclosure by the department only
of de-identified data or statistical compilations; and
WHEREAS, any such solution must ensure that those persons sharing information
or records concerning violent deaths with the Louisiana Department of Health shall not incur
liability or be deemed to have breached or violated any privileged or confidential
relationship in connection with such sharing; and
WHEREAS, the Legislature finds that a study is necessary regarding the appropriate
mechanism for sharing of the comprehensive violent death information by coroners, law
enforcement, and others in connection with the death of an individual who has suffered a
violent death with the office of public health.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request that the Louisiana Department of Health, in consultation with the following
stakeholders, study the means by which to allow for the transfer and sharing of
comprehensive information as prepared and compiled by coroners, law enforcement
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agencies, and others in connection with the death of an individual who has suffered a violent
death:
(1)  The superintendent of the Louisiana State Police or his designee.
(2)  The president of the Louisiana Association of Chiefs of Police or his designee.
(3)  The executive director of the Louisiana Sheriffs' Association or his designee.
(4)  The executive director of the Louisiana District Attorney's Association or his
designee.
(5)  The president of the Louisiana District Judges Association or his designee. 
(6)  The chief justice of the Louisiana Supreme Court or his designee.
(7)  The chief of the Baton Rouge Police Department or his designee.
(8)  The district attorney for the parish of East Baton Rouge or his designee.
(9)  The president of the Louisiana Coroner's Association or his designee.
(10)  The deputy secretary for the Louisiana Department of Health or his designee.
(11)  The assistant secretary of the office of public health of the Louisiana
Department of Health or his designee.
BE IT FURTHER RESOLVED that in developing the study, the department in
consultation with the stakeholders listed herein may seek to engage, collaborate with, and
obtain information from stakeholder groups or additional parties with appropriate expertise
to provide guidance on this matter.
BE IT FURTHER RESOLVED that the department, jointly with the stakeholders
listed herein, shall submit a summary of its findings in the form of a report outlining the
specific procedure or mechanism for sharing information between the office of public health
and coroners, law enforcement agencies, and others in connection with the death of an
individual who has suffered a violent death to the House Committee on Health and Welfare
and the Senate Committee on Health and Welfare on or before December 31, 2018.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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