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2018 Regular Session
SENATE BILL NO. 101
BY SENATOR MORRELL AND REPRESENTATIVE MORENO
CRIMINAL JUSTICE. Creates the Louisiana Sexual Assault Oversight Commission.
(8/1/18)
1 AN ACT
2 To amend and reenact R.S. 15:555 and 556 and to enact R.S. 36:706(D), relative to sexual
3 assault collection kits and forensic medical examinations; to create the Louisiana
4 Sexual Assault Oversight Commission; to provide relative to the membership,
5 meetings, compensation, and duties of the Louisiana Sexual Assault Oversight
6 Commission; to provide relative to the office of the attorney general; and to provide
7 for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 15:555 and 556 are hereby amended and reenacted to read as
10 follows:
11 CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT TASK FORCE
12 OVERSIGHT COMMISSION
13 §555. Louisiana Sexual Assault Task Force Oversight Commission; creation;
14 membership; meetings
15 A. The Louisiana Sexual Assault Task Force Oversight Commission is
16 hereby created within the Department of Justice, office of the attorney general. The
17 task force commission shall consist of twenty-five the following members as
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1 follows:
2 (1) The executive director of the Louisiana District Attorneys Association or
3 his designee.
4 (2) The executive director of the Louisiana Foundation Against Sexual
5 Assault or her his designee.
6 (3) The Sexual Assault Nurse Examiner/Sexual Assault Response Team
7 (SANE/SART) program coordinator of the Louisiana Foundation Against Sexual
8 Assault or her designee.
9 (4) The executive director of the Louisiana Sheriffs' Association, or his
10 designee.
11 (5)(4) The executive director of the Louisiana Association of Chiefs of
12 Police, or his designee.
13 (6) The president of the Louisiana District Judges Association, or his
14 designee.
15 (7)(5) The executive director of the Louisiana Commission on Law
16 Enforcement and the Administration of Criminal Justice, or his designee.
17 (8)(6) The president of the Louisiana State Coroner's Association, or his
18 designee.
19 (9)(7) The director of the Louisiana State Police Crime Laboratory, or his
20 designee.
21 (10) The president of the Louisiana Association of Forensic Scientists, or his
22 designee.
23 (11)(8) The president of the Louisiana Hospital Association, or her his
24 designee.
25 (12)(9) The secretary of the Louisiana Department of Health, or his designee.
26 (13) The executive director of the Louisiana State Board of Nursing, or his
27 designee.
28 (14) The executive director of the Louisiana CASA Association, or his
29 designee.
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1 (15) The president of the Louisiana Children's Advocacy Center, or his
2 designee.
3 (16) The secretary of the Department of Children and Family Services, or his
4 designee.
5 (17) The assistant secretary of child welfare of the Department of Children
6 and Family Services, or his designee.
7 (18) The medical director of the Child At Risk Evaluation Center at
8 Children's Hospital of New Orleans, or his designee.
9 (19)(10) The attorney general, or his designee.
10 (20) A member of the Association of Criminal Defense Lawyers selected by
11 its chief executive officer, or his designee.
12 (21) The superintendent of state police, or his designee.
13 (22) The director of the Louisiana Coalition Against Domestic Violence, or
14 his designee.
15 (23) The president of the Louisiana Juvenile Judges Association, or his
16 designee.
17 (24)(11) A member of the House of Representatives appointed by the speaker
18 of the House of Representatives, or his the member's designee.
19 (25)(12) A member of the Senate appointed by the president of the Senate,
20 or his the member's designee.
21 (13) The governor or his designee.
22 (14) The executive director of the Forensic Nurse Examiners of
23 Louisiana, Inc. or his designee.
24 B. Members of the task force commission shall serve at the pleasure of the
25 appointing authority and without compensation. Travel expenses, per diem, and
26 other expenses may be paid by the member's employer or appointing authority.
27 C. The attorney general or his designee shall serve as chairman, and his
28 duties shall be established by the task force commission. The office of the attorney
29 general shall provide staff and administrative services needed by the
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1 commission to carry out the duties set forth in R.S. 15:556.
2 C.D. The task force commission shall fix a time and place for its regular
3 meeting meetings and shall meet at least once during each calendar month every
4 three months. Additional special or regular meetings may be held upon the call of
5 the chairman.
6 D.E. A majority of the membership present shall constitute a quorum and
7 shall be necessary to take action.
8 §556. Duties of the task force commission
9 The task force shall examine issues relating to forensic examination of sexual
10 assault victims and investigation of sexual assault cases, including but not limited to
11 the following:
12 (1) The task force shall review and analyze all applicable state and federal
13 laws, rules, regulations, policies, procedures, and practices pertaining to all of the
14 following:
15 (a) What entities are performing and should perform forensic examinations
16 of sexual assault victims.
17 (b) What entities are financially responsible and should be financially
18 responsible for the forensic evidence collection from the victim of a sexual assault.
19 (c) Which entities are being billed for the forensic examinations and which
20 entities should be billed for such examinations.
21 (d) What evidence is collected from the victim, how it is preserved, how it
22 is analyzed, and what are the best practices in these areas.
23 (e) What standards are being followed in the investigation of sexual assault
24 cases and what standards should be followed.
25 (f) What training is provided and what training should be provided to law
26 enforcement officers and staff of the Department of Children and Family Services
27 investigating sexual assault cases or cases of suspected sexual assault.
28 (g) What criteria are used and what criteria should be used in designating
29 cases as unfounded or in reclassifying cases involving completed or attempted illegal
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1 sexual activity.
2 (h) The current reporting requirements and those recommended by the
3 Department of Children and Family Services regarding the number of allegations of
4 sexual abuse or assault reported and investigated and the number of those which are
5 validated or not validated.
6 (i) Reports by teachers, ministers, and other mandatory reporters to the
7 Department of Children and Family Services and law enforcement agencies,
8 standards for dual investigations and whether mandatory reporters should report to
9 both law enforcement agencies and the Department of Children and Family Services.
10 (2) The task force shall report its findings and recommendations to the
11 governor, the president of the Senate, and the speaker of the House of
12 Representatives not later than December 31, 2012.
13 A.(1) The commission shall develop recommendations for a standardized
14 sexual assault collection kit and protocols for forensic medical examinations of
15 victims of sexually oriented criminal offenses to be used statewide. The
16 recommendations shall include but are not limited to recommendations for the
17 physical dimensions, labeling, and contents of the collection kit, as well as
18 recommendations regarding the collection and preservation of evidence from
19 the examination and the identification of appropriate entities to perform the
20 examination.
21 (2) The commission shall continuously review its standards and protocols
22 and make subsequent recommendations as needed to ensure that the sexual
23 assault collection kit and forensic medical examination protocols are up to date
24 with technological advancements and best practices.
25 B. The office of the attorney general shall adopt all rules necessary to
26 implement the recommendations for a standardized sexual assault collection kit
27 and protocols for forensic medical examinations and any subsequent
28 recommendations. All rules shall be adopted pursuant to the provisions of the
29 Administrative Procedure Act.
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1 Section 2. R.S. 36:706(D) is hereby enacted to read as follows:
2 §706. Transfer of boards, commissions, and agencies to Department of Justice
3 * * *
4 D. The Louisiana Sexual Assault Oversight Commission (R.S. 15:555 et
5 seq.) is placed within the Department of Justice and shall perform and exercise
6 its powers, duties, functions, and responsibilities as provided by law.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley Menou.
DIGEST
SB 101 Original 2018 Regular Session Morrell
Present law provides for the creation of the of La. Sexual Assault Task Force within the
office of the attorney general to examine issues related to forensic examinations of sexual
assault victims and investigation of sexual assault cases. Present law further requires the task
force to report its findings and recommendations no later than Dec. 31, 2012.
Proposed law deletes present law and creates the La. Sexual Assault Oversight Commission
(the commission) within the office of the attorney general to develop recommendations for
a standardized sexual assault collection kit and protocols for forensic medical examinations
to be used statewide.
Proposed law provides for the membership of the commission and provides that members
shall serve at the pleasure of the appointing authority and without compensation.
Proposed law provides that certain expenses may be paid by the commission member's
employer or appointing authority.
Proposed law provides that the attorney general shall serve as chairman and the office of the
attorney general shall provide staff and administrative services to the commission.
Proposed law requires the commission to meet at least once every three months and provides
that a majority of members present shall constitute a quorum of the commission.
Proposed law requires the commission to continuously review its standards and protocols
and make changes as necessary to stay current with technological advancements and best
practices.
Proposed law requires the attorney general to promulgate all rules necessary to implement
the recommendations of the commission.
Effective August 1, 2018.
(Amends R.S. 15:555 and 556; adds R.S. 36:706(D))
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words in boldface type and underscored are additions.