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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 Chapter 3-C of Title 15 of the Louisiana Revised Statutes of 1950,
3 comprised of R.S. 15:555 and 556 and to enact R.S. 36:706(D), relative to sexual
4 assault collection kits and forensic medical examinations; to create the Louisiana
5 Sexual Assault Oversight Commission; to provide relative to the membership,
6 meetings, compensation, and duties of the Louisiana Sexual Assault Oversight
7 Commission; to provide relative to the office of the attorney general; and to provide
8 for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 3-C of Title 15 of the Louisiana Revised Statutes of 1950,
11 comprised of R.S. 15:555 and 556, is hereby amended and reenacted to read as follows:
12 CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT TASK FORCE
13 OVERSIGHT COMMISSION
14 §555. Louisiana Sexual Assault Task Force Oversight Commission; creation;
15 membership; meetings
16 A. The Louisiana Sexual Assault Task Force Oversight Commission is
17 hereby created within the Department of Justice, office of the attorney general. The
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1 task force commission shall consist of twenty-five the following members as
2 follows:
3 (1) The executive director of the Louisiana District Attorneys Association or
4 his designee.
5 (2) The executive director of the Louisiana Foundation Against Sexual
6 Assault or her his designee.
7 (3) The Sexual Assault Nurse Examiner/Sexual Assault Response Team
8 (SANE/SART) program coordinator of the Louisiana Foundation Against Sexual
9 Assault or her designee.
10 (4) The executive director of the Louisiana Sheriffs' Association, or his
11 designee.
12 (5)(4) The executive director of the Louisiana Association of Chiefs of
13 Police, or his designee.
14 (6) The president of the Louisiana District Judges Association, or his
15 designee.
16 (7)(5) The executive director of the Louisiana Commission on Law
17 Enforcement and the Administration of Criminal Justice, or his designee.
18 (8)(6) The president of the Louisiana State Coroner's Association, or his
19 designee.
20 (9)(7) The director of the Louisiana State Police Crime Laboratory, or his
21 designee.
22 (10) The president of the Louisiana Association of Forensic Scientists, or his
23 designee.
24 (11)(8) The president of the Louisiana Hospital Association, or her his
25 designee.
26 (12)(9) The secretary of the Louisiana Department of Health, or his designee.
27 (13) The executive director of the Louisiana State Board of Nursing, or his
28 designee.
29 (14) The executive director of the Louisiana CASA Association, or his
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1 designee.
2 (15) The president of the Louisiana Children's Advocacy Center, or his
3 designee.
4 (16) The secretary of the Department of Children and Family Services, or his
5 designee.
6 (17) The assistant secretary of child welfare of the Department of Children
7 and Family Services, or his designee.
8 (18) The medical director of the Child At Risk Evaluation Center at
9 Children's Hospital of New Orleans, or his designee.
10 (19)(10) The attorney general, or his designee.
11 (20) A member of the Association of Criminal Defense Lawyers selected by
12 its chief executive officer, or his designee.
13 (21) The superintendent of state police, or his designee.
14 (22) The director of the Louisiana Coalition Against Domestic Violence, or
15 his designee.
16 (23) The president of the Louisiana Juvenile Judges Association, or his
17 designee.
18 (24)(11) A member of the House of Representatives appointed by the speaker
19 of the House of Representatives, or his the member's designee.
20 (25)(12) A member of the Senate appointed by the president of the Senate,
21 or his the member's designee.
22 (13) The governor or his designee.
23 (14) The executive director of the Forensic Nurse Examiners of
24 Louisiana, Inc. or his designee.
25 (15) The director of the North Louisiana Criminalistics Laboratory or
26 his designee.
27 (16) The director of the Southwest Louisiana Regional Crime Laboratory
28 or his designee.
29 (17) The director of the Acadiana Criminalistics Laboratory or his
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1 designee.
2 B. Members of the task force commission shall serve at the pleasure of the
3 appointing authority and without compensation. Travel expenses, per diem, and
4 other expenses may be paid by the member's employer or appointing authority.
5 C. The attorney general or his designee shall serve as chairman, and his
6 duties shall be established by the task force commission. The office of the attorney
7 general shall provide staff and administrative services needed by the
8 commission to carry out the duties set forth in R.S. 15:556.
9 C.D. The task force commission shall fix a time and place for its regular
10 meeting meetings and shall meet at least once during each calendar month every
11 three months. Additional special or regular meetings may be held upon the call of
12 the chairman.
13 D.E. A majority of the membership present shall constitute a quorum and
14 shall be necessary to take action.
15 §556. Duties of the task force commission
16 The task force shall examine issues relating to forensic examination of sexual
17 assault victims and investigation of sexual assault cases, including but not limited to
18 the following:
19 (1) The task force shall review and analyze all applicable state and federal
20 laws, rules, regulations, policies, procedures, and practices pertaining to all of the
21 following:
22 (a) What entities are performing and should perform forensic examinations
23 of sexual assault victims.
24 (b) What entities are financially responsible and should be financially
25 responsible for the forensic evidence collection from the victim of a sexual assault.
26 (c) Which entities are being billed for the forensic examinations and which
27 entities should be billed for such examinations.
28 (d) What evidence is collected from the victim, how it is preserved, how it
29 is analyzed, and what are the best practices in these areas.
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1 (e) What standards are being followed in the investigation of sexual assault
2 cases and what standards should be followed.
3 (f) What training is provided and what training should be provided to law
4 enforcement officers and staff of the Department of Children and Family Services
5 investigating sexual assault cases or cases of suspected sexual assault.
6 (g) What criteria are used and what criteria should be used in designating
7 cases as unfounded or in reclassifying cases involving completed or attempted illegal
8 sexual activity.
9 (h) The current reporting requirements and those recommended by the
10 Department of Children and Family Services regarding the number of allegations of
11 sexual abuse or assault reported and investigated and the number of those which are
12 validated or not validated.
13 (i) Reports by teachers, ministers, and other mandatory reporters to the
14 Department of Children and Family Services and law enforcement agencies,
15 standards for dual investigations and whether mandatory reporters should report to
16 both law enforcement agencies and the Department of Children and Family Services.
17 (2) The task force shall report its findings and recommendations to the
18 governor, the president of the Senate, and the speaker of the House of
19 Representatives not later than December 31, 2012.
20 A.(1) The commission shall develop recommendations for a standardized
21 sexual assault collection kit and protocols for forensic medical examinations of
22 victims of sexually oriented criminal offenses to be used statewide. The
23 recommendations shall include but are not limited to recommendations for the
24 physical dimensions, labeling, and contents of the collection kit, as well as
25 recommendations regarding the collection and preservation of evidence from
26 the examination and the identification of appropriate entities to perform the
27 examination.
28 (2) The commission shall continuously review its standards and protocols
29 and make subsequent recommendations as needed to ensure that the sexual
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1 assault collection kit and forensic medical examination protocols are up to date
2 with technological advancements and best practices.
3 B. The office of the attorney general shall adopt all rules necessary to
4 implement the recommendations for a standardized sexual assault collection kit
5 and protocols for forensic medical examinations and any subsequent
6 recommendations. All rules shall be adopted pursuant to the provisions of the
7 Administrative Procedure Act.
8 Section 2. R.S. 36:706(D) is hereby enacted to read as follows:
9 §706. Transfer of boards, commissions, and agencies to Department of Justice
10 * * *
11 D. The Louisiana Sexual Assault Oversight Commission (R.S. 15:555 et
12 seq.) is placed within the Department of Justice and shall perform and exercise
13 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 Engrossed 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.
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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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds the director of the North Louisiana Criminalistics Laboratory, director
of the Southwest Louisiana Regional Crime Laboratory, and the director of
the Acadiana Criminalistics Laboratory to the commission.
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words in boldface type and underscored are additions.