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 489 Reengrossed 2019 Regular Session DuBuisson
Abstract: Expands the definition of what is not hearsay to include statements made by the victim
of a sexually-oriented criminal offense to a healthcare provider during a forensic medical
examination if the statement is documented in writing by the healthcare provider.
Present law provides that certain prior statements by a witness are not hearsay if the declarant
testifies at trial or hearing and is subject to cross-examination concerning the statement, and the
statement is any of the following:
(1)Inconsistent with his testimony in criminal cases provided that the witness has been given
the opportunity to admit the fact.
(2)Consistent with his testimony and offered to rebut charges against him of fabrication,
improper influence or motive.
(3)One of identification of a person made after perceiving the person.
(4)Consistent with declarant's testimony and is one of initial complaint of sexually assaultive
behavior.
Proposed law retains present law and adds to the list of hearsay exceptions statements made by the
victim of a sexually-oriented criminal offense to a healthcare provider during the course of a forensic
medical examination if the statement is documented in writing by the healthcare provider.
(Adds C.E. Art. 801(D)(1)(e))
The House Floor Amendments to the engrossed bill:
1. Add that, for the exception to apply, the healthcare provider shall have documented
the victim's statement in writing.