Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB232 Comm Sub / Analysis

                    HASBSB232 TYLERT 3074
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 232	2021 Regular Session	Barrow
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
COLLEGES/UNIVERSITIES. Establishes and provides for the Power-Based
Violence Review Panel. (gov sig)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Defines "domestic abuse"
2. Adds the following two members to the Louisiana Power-Based Violence
Review Panel:
(a)The governor or his designee.
(b) A Title IX coordinator representing a public postsecondary education
system rotating between systems and provides for appointment by the
system president.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 232 Enrolled 2021 Regular Session	Barrow
Proposed law creates the Louisiana Power-Based Violence Review Panel under the
jurisdiction of the Board of Regents composed of the following members:
(1)The president of the Louisiana Senate or his designee.
(2)The speaker of the Louisiana House of Representatives or his designee.
(3)The chair of the Louisiana Senate Select Committee on Women and Children or his
designee.
(4)The chair of the Louisiana House Select Committee on Women and Children or his
designee.
(5)The attorney general or his designee.
(6)The commissioner of higher education or his designee.
(7)The president of each public postsecondary education management system or his
designee.
(8)A student representative from each of the postsecondary management boards
appointed by the respective board's president.
(9)The superintendent of the Louisiana State Police or his designee.
(10)The president of the Louisiana Association of Chiefs of Police or his designee.
(11)A member of the Domestic Violence Prevention Commission appointed by the
secretary of the Department of Children and Family Services.
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(12)A licensed social worker with experience related to power-based violence appointed
by the president of the Board of Directors of the Louisiana Chapter, National
Association of Social Workers.
(13)A licensed psychologist with experience related to power-based violence, appointed
by the chair of the Louisiana State Board of Examiners of Psychologists.
(14)The executive director of the Louisiana Foundation Against Sexual Assault or his
designee.
(15)The president of Sexual Trauma Awareness and Response or his designee.
(16)The governor or his designee.
(17)A Title IX coordinator representing a public postsecondary education system.
Proposed law requires that the Title IX coordinator serve for one year, and that it rotate
between higher education systems appointed by each system president.
Provides that a majority of the members of each panel constitute a quorum. Provides that all
official actions of the panel shall require the affirmative vote of a majority of the members
of the panel. Requires that the commissioner of education call the first meeting of the panel
by August 15, 2021.
Requires the panel to meet at least two times per year up to a maximum of four times each
year, and may meet at other times at the call of the chairman or as provided by panel rule.
Authorizes the panel to adopt rules of procedure for its operation.
Requires that the panel:
(1)Evaluate policies and practices of institutions of public postsecondary education,
public postsecondary education management boards, and the Board of Regents
regarding reporting, investigating, and adjudicating power-based violence by and
against students and recommend revisions to improve such policies and practices.
(2)Advise and assist institutions of public postsecondary education, public
postsecondary education management boards, and the Board of Regents in
coordinating procedures to provide power-based violence prevention programs.
(3)Serve as an advisory agency to the legislature, the governor, the Board of Regents,
and the public postsecondary education management boards regarding power-based
violence.
Requires that to the extent permitted by and in accordance with the Public Records Law, the
Board of Regents, each public postsecondary education management board, each public
postsecondary education institution, and each local law enforcement or criminal justice
agency located within a parish with a public postsecondary education institution campus shall
make available all facts, records, information, and data required by the panel and in all ways
cooperate with the panel in carrying out the functions and duties imposed by proposed law.
Defines "power-based violence" as any form of interpersonal violence intended to control
or intimidate another person through the assertion of power over them including sexual
harassment, sexual assault, sexual exploitation, domestic abuse and family violence, dating
violence, nonconsensual observation, stalking, unlawful communications, and unwelcomed
sexual or sex- or gender-based conduct.
Proposed law provides that domestic abuse includes any act or threat to act that is intended
to coerce, control, punish, intimidate, or exact revenge on the other party, for the purpose of
preventing the victim from reporting to law enforcement or requesting medical assistance or
emergency victim services, or for the purpose of depriving the victim of the means or ability
to resist the abuse or escape the relationship.
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Proposed law requires the Board of Regents to develop a plan to distribute monies in the
proposed Power-Based Fund if that fund is created in the Act which originated as House Bill
515 of the 2021 Regular Session of the Legislature.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 39:100.101(D); adds R.S. 17:3399.13(4) and 3399.18)
______________________
Thomas L. Tyler
Deputy Chief of Staff
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