SLS 18RS-311 REENGROSSED
2018 Regular Session
SENATE BILL NO. 73
BY SENATOR GATTI
CRIMINAL PROCEDURE. Provides relative to the sale and transport of fetal organs. (gov
sig)
1 AN ACT
2 To enact R.S. 14:87.3(F), relative to abortion; to create and provide relative to the Fetal
3 Organ Whistleblower Fund; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 14:87.3(F) is hereby enacted to read as follows:
6 ยง87.3. Prohibited cutting, resection, excision, harvesting, removal, sale, receipt,
7 research, commerce, or transport of fetal organs, tissues, and body
8 parts; whistleblower fund
9 * * *
10 F. The Fetal Organ Whistleblower Fund, hereinafter referred to as "the
11 fund", is hereby created in the state treasury.
12 (1) The fund shall be composed of any monies derived from
13 appropriations by the legislature and any gift, grant, devise, donation, or
14 bequest of monies or properties of any nature or description.
15 (2) An award of one thousand dollars shall be paid out of the fund to any
16 person who provides evidence that results in the arrest and indictment of any
17 other person for a violation of this Section. Eligibility for an award pursuant to
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 73
SLS 18RS-311 REENGROSSED
1 this Subsection shall be determined by the district attorney or the attorney
2 general, as appropriate.
3 (3) All monies deposited in the fund shall be used solely to pay awards
4 to persons as provided by Paragraph (2) of this Subsection and shall be paid by
5 the state treasurer upon written order signed by the district attorney or the
6 attorney general, as appropriate, except that monies deposited in the fund may
7 be used to pay reasonable costs of administering the fund.
8 (4) The name and other identifying information of any person who is
9 paid an award pursuant to this Subsection shall remain confidential.
10 Section 2. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Laura Gail Sullivan.
DIGEST
SB 73 Reengrossed 2018 Regular Session Gatti
Present law prohibits the cutting, resection, excision, harvesting, removal, sale, receipt,
research, commerce, or transport of fetal organs, tissues, and body parts under circumstances
defined by present law. Present law provides penalties for violations of present law.
Proposed law retains present law.
Proposed law provides that the district attorney of the parish where a violation of present law
occurs and the attorney general have concurrent authority to collect evidence, investigate,
and institute criminal proceedings for any violation of present law.
Proposed law creates the Fetal Organ Whistleblower Fund in the state treasury. Proposed law
further provides that this fund is to be composed of any monies derived from appropriations
by the legislature and any gift, grant, devise, donation, or bequest of monies or properties
of any nature or description.
Proposed law provides that an award of $1,000 is to be paid out of the Fetal Organ
Whistleblower Fund to any person who provides evidence that results in the arrest and
indictment of any other person for a violation of present law relative to fetal organs, tissues,
and body parts. Proposed law further provides that eligibility for an award pursuant to
proposed law is to be determined by the district attorney or the attorney general, as
appropriate.
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Coding: Words which are struck through are deletions from existing law;
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Proposed law provides that all monies deposited in the Fetal Organ Whistleblower Fund are
to be used solely to pay awards to persons as provided by proposed law and are to be paid
by the state treasurer upon written order signed by the district attorney or the attorney
general, as appropriate. However, proposed law provides that monies deposited in the Fetal
Organ Whistleblower Fund may be used to pay reasonable costs of administering the fund.
Proposed law provides that the name and other identifying information of any person who
is paid an award pursuant to proposed law must remain confidential.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:87.3(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Add provision relative to the jurisdiction of the attorney general.
Senate Floor Amendments to engrossed bill
1. Remove concurrent jurisdiction for the attorney general (AG) and the district
attorney (DA) of the parish where a violation of present law occurs.
2. Remove authority of the DA and AG to seek injunctive and other relief
against any person or entity that is in violation of any provision of present
law relative to abortion or who misuses public funds for an abortion.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.