Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB232 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 441 (SB 232) 2021 Regular Session	Barrow
Creates the Louisiana Power-Based Violence Review Panel under the jurisdiction of the
Board of Regents composed of the following members:
(1)The Senate president, or his designee.
(2)The House speaker, or his designee.
(3)The chair of the Senate Select Committee on Women and Children, or his designee.
(4)The chair of the 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 La. State Police, or his designee.
(10)The president of the La. 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.
(12)A licensed social worker with experience related to power-based violence appointed
by the president of the Board of Directors of the La. National Association of Social
Workers.
(13)A licensed psychologist with experience related to power-based violence, appointed
by the chair of the La. State Board of Examiners of Psychologists.
(14)The executive director of the La. 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.
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 new 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.
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.
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
R.S.
Effective upon signature of the governor (June 22, 2021).
(Amends R.S. 39:100.101(D); adds R.S. 17:3399.13(4) and 3399.18)