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 452 Re-Reengrossed 2021 Regular Session Davis
Abstract: Creates the La. Domestic Abuse Fatality Review Team and authorizes certain functions
and duties of the review team.
Proposed law creates the La. Domestic Abuse Fatality Review Team (review team), within the La.
Dept. of Health.
Proposed law provides for membership of the review team and those persons who shall serve. Those
members shall be the following:
(1)The state health officer or his designee.
(2)The secretary of the Louisiana Dept. of Health or his designee.
(3)The secretary of the Dept. of Children and Family Services or his designee.
(4)The assistant secretary of the office of behavioral health of the La. Dept. of Health or his
designee.
(5) The director of the bureau of emergency medical services of the La. Dept. of Health or his
designee.
(6) The director of the governor's office on women's policy or his designee.
(7) The superintendent of state police or his designee.
(8) The state registrar of vital records in the office of public health or his designee.
(9) The attorney general or his designee.
(10)A district attorney or assistant district attorney appointed by the Louisiana District Attorney's
Assoc.
(11) A sheriff appointed by the Louisiana Sheriff's Assoc.
(12) A police chief appointed by the Louisiana Assoc. of Chiefs of Police. (13)A coroner appointed by the president of the Louisiana Coroner's Assoc..
(14) The executive director of the Louisiana Coalition Against Domestic Violence or his
designee.
(15)The executive director of a community-based domestic violence service organization or his
designee.
(16)The president of the Louisiana Clerks of Court Assoc. or his designee.
(17)A forensic pathologist certified by the American Board of Pathology and licensed to practice
medicine in the state appointed by the La. State Board of Medical Examiners.
(18)A representative of the La. Protective Order Registry appointed by the judicial administrator
of the La. Supreme Court.
(19) A representative of the legal services program funded by the Legal Services Corp. that
regularly provides civil legal representation to survivors of domestic violence.
(20)A director or his designee of a local supervised visitation or safe exchange center who is
professionally trained to identify the unique safety needs of domestic violence victims.
Proposed law allows any additional persons to be appointed to the review team who have relevant
knowledge regarding domestic abuse and would be able to assist the review team in its duties.
Proposed law provides for the review team to elect a chairman. Further provides that members who
serve on the review team may appoint a single person to serve as proxy for the duration of the
member's term. The proxy may be used when the member is unable to attend a meeting scheduled
by the review team. Proposed law states that the proxy shall not be subject to the nomination and
appointment procedures which are outlined in proposed law.
Proposed law states that the review team shall be able to perform the following functions:
(1)Identify and characterize the scope and nature of domestic abuse fatalities in this state.
(2)Research and review trends, data, or patterns that are observed surrounding domestic abuse
fatalities.
(3)Review past events and circumstances surrounding domestic abuse fatalities by reviewing
records and other pertinent documents of public and private agencies that are responsible for
investigating deaths or treating victims.
(4)Research and revise, as necessary, operating rules and procedures for review of domestic
abuse fatalities including but not limited to identification of cases to be reviewed,
coordination among agencies and professionals involved, and improvement of the identification, data collection, and record-keeping of the causes of domestic violence
fatalities.
(5)Recommend systemic improvements to promote improved and integrated public and private
systems serving victims of domestic abuse.
(6)Recommend components for prevention and education programs.
(7)Recommend training to improve the identification and investigation of domestic violence
fatalities that occur in La.
Proposed law provides that the review team may establish local and regional panels to help review
data of domestic abuse fatalities across this state. Further provides that the review team may analyze
data through any state system which would be helpful to decrease fatalities of domestic abuse. Also,
proposed law allows the review team to establish relationships with local and regional fatality review
panels to accomplish its duties as outlined in proposed law.
Proposed law stipulates that notwithstanding any other provision of present law, the review team or
any local or regional panel formed under the review panel, shall have authority to access medical and
vital records in the custody of physicians, hospitals, clinics, or other healthcare providers, and office
of public health or any law enforcement agency that may aid in the completion of any domestic abuse
fatality and allow the review team to complete its duties.
In accordance with proposed law, the following information may be disclosed by a person, agency,
or entity to the review team:
(1)Medical information.
(2)Mental health information.
(3)Information from elder abuse reports and investigation reports which exclude the identity of
persons who have made report, which shall not be disclosed.
(4)Information from child abuse reports and investigations which exclude the identity of persons
who have made reports and shall not be disclosed.
(5)Summary of criminal history, criminal offender record, and local criminal history.
(6)Information pertaining to reports by healthcare providers of persons suffering from physical
injuries inflicted by means of a firearm or of persons suffering physical injury where the
injury is a result of abusive conduct.
(7)Information concerning a juvenile court proceeding.
(8)Information maintained by a family court. (9)Information provided by probation officers in the course of the performance of their duties
including but not limited to the duty to prepare reports as well as the information on which
these reports are based.
(10)Records of in-home supportive services unless disclosure is prohibited by federal law.
Proposed law further provides that the disclosure of information requested by the review team or a
local or regional panel is allowed on a voluntary basis by the requested person, agency, or entity.
Proposed law provides that all information and records obtained by the review team or any local or
regional panel or its agent thereof with the provisions of proposed law, as well as any results of any
domestic abuse fatality report prepared shall be confidential and shall not be available for subpoena.
Nor shall such information be disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding or admissible as evidence in any civil, criminal,
administrative, or other tribunal or court for any reason.
Proposed law provides that no person, agency, or entity that furnishes information to the review team
or any local or regional panel or its agent thereof pursuant to proposed law shall be found liable or
in violation of a duty of confidentiality provided the person, agency, or entity has acted in good faith.
Proposed law states that no member of the review team or any local or regional panel or agent
thereof may disclose any information that is deemed confidential pursuant to proposed law. Further
provides that any person who appears before the review team or any local or regional panel or agent
thereof, shall sign a confidentiality document stating that any information provided shall be deemed
confidential. Any information identifying a victim or person's family members involved in domestic
abuse shall not be disclosed in any report that is to be made public. Nothing in proposed law shall
prohibit the review team or any local or regional panel or agent thereof from publishing its findings
pursuant to proposed law.
Proposed law states that all information and records obtained during the review process shall be
returned to the providing person, agency, or entity who furnished the information or records.
Proposed law provides that the review committee shall report any recommendations on or before Jan.
30, 2023, and every year thereafter to the governor, the speaker of the House of Representatives, and
the president of the Senate.
Pursuant to proposed law, the La. Dept. of Health may secure any financial, human resources, or
form partnership to perform its duties and obligations outlined in proposed law.
Proposed law states that any information, documents, or records received by the review team or any
local or regional panel of the La. Domestic Abuse Fatality Team shall be exempt from the public
records law.
(Adds R.S. 40:2024.1-2024.7 and R.S. 44:4(59)) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill:
1. Remove provision of proposed law relative to an additional public record exception
pursuant to R.S. 44:4.1.
2. Authorize review panel and local or regional panel or agent thereof to access documents
and records in order to perform all its functions and duties.
3. Make technical changes.
The House Floor Amendments to the reengrossed bill:
1. Change reference in proposed law from "person" to "victim".
2. Make technical changes.