SLS 23RS-269 ENGROSSED
2023 Regular Session
SENATE BILL NO. 169
BY SENATOR MIZELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EVIDENCE. Provides for tracking rape kits from collection through conviction. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 15:623(A), R.S. 40:1216.1(A)(2)(c) and (7) through (9), and R.S.
3 46:1802(7), 1807(B)(7), and 1822(C), to enact R.S. 15:624.1 and 46:1802(14) and
4 to repeal R.S. 40:1216.1(A)(10), relative to DNA detection of sexual and violent
5 offenders; to provide for mandatory testing of certain rape kits; to create a system to
6 track the status of rape kits and to require all hospitals, law enforcement and district
7 attorneys to participate; to provide for reporting of sexual assault data to certain
8 government agencies; to provide for immunity; to provide payment to hospitals for
9 forensic medical exams; to provide for crime victim reparations; to provide for
10 identification; to provide for billing; to provide for medical services for sexual
11 assault victims; to provide for public records; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 15:623(A) is hereby amended and reenacted and R.S. 15:624.1 is
14 hereby enacted to read as follows:
15 §623. Submission of sexual assault collection kits
16 A. Within thirty days of receiving a sexual assault collection kit for a reported
17 case involving an unknown suspect, the criminal justice agency shall submit the
Page 1 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 sexual assault collection kit to a forensic laboratory for testing.
2 * * *
3 §624.1. Submission of sexual assault collection kits
4 A. The office of state police shall create and operate a statewide sexual
5 assault collection kit tracking system. The office of state police may contract
6 with public or private entities, including but not limited to private software and
7 technology providers, for the creation and maintenance of the system.
8 B. The statewide sexual assault collection kit tracking system shall:
9 (1) Track the location status of the kits throughout the criminal justice
10 process, including the initial collection performed at medical facilities, receipt
11 and storage at law enforcement agencies, receipt and analysis at forensic
12 laboratories, and storage or destruction after completion of analysis.
13 (2) Designate sexual assault collection kits as unreported or reported.
14 (3) Indicate whether a sexual assault collection kit contains biological
15 materials collected for the purpose of forensic toxicological analysis.
16 (4) Allow medical facilities performing sexual assault forensic
17 examinations, law enforcement agencies, prosecutors, the Louisiana State Police
18 Crime Laboratory, all other forensic crime laboratories in the state, and other
19 entities having custody of sexual assault collection kits to update and track the
20 status and location of sexual assault collection kits.
21 (5) Allow victims of sexual assault to anonymously track or receive
22 updates regarding the status of their sexual assault collection kits.
23 (6) Use electronic technology allowing continuous access.
24 C. The office of state police may phase-in initial participation according
25 to region or volume of kits.
26 D. The office of state police may use a phased implementation process in
27 order to launch the system and facilitate entry and use of the system for
28 required participants. The office of state police may phase initial participation
29 according to the region or volume. All entities, including law enforcement and
Page 2 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 healthcare providers having custody of sexual assault collection kits shall
2 provide all required information to the tracking system and fully participate in
3 the system no later than July 1, 2024. The office of state police shall submit a
4 report on the current status and plan for launching the system, including the
5 plan for phased implementation, to the Louisiana Sexual Assault Oversight
6 Commission, the Senate Committee on Judiciary B, the House Committee on
7 Administration of Criminal Justice, and the governor no later than January 1,
8 2024.
9 E. The office of state police shall submit an annual report on the
10 statewide sexual assault collection kit tracking system to the Louisiana Sexual
11 Assault Oversight Commission, the Senate Committee on Judiciary B, the
12 House Committee on Administration of Criminal Justice, and the governor no
13 later than July thirty-first of each year. The office of state police may make
14 public the current report on its website. The report shall include the following:
15 (1) The total number of sexual assault collection kits in the system
16 statewide and by jurisdiction.
17 (2) The total and semiannual number of sexual assault collection kits
18 where forensic analysis has been completed statewide and by jurisdiction.
19 (3) The number of sexual assault collection kits added to the system in
20 the reporting period statewide and by jurisdiction.
21 (4) The total and semiannual number of sexual assault collection kits
22 where forensic analysis has been requested, but not completed, statewide and
23 by jurisdiction.
24 (5) The average and median length of time for sexual assault collection
25 kits to be submitted for forensic analysis after being added to the system,
26 including separate sets of data for all sexual assault collection kits in the system
27 statewide and by jurisdiction.
28 (6) The average and median length of time for sexual assault collection
29 kits added to the system in the reporting period statewide and by jurisdiction.
Page 3 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 (7) The total and semiannual number of sexual assault collection kits
2 destroyed or removed from the system statewide and by jurisdiction.
3 (8) The total number of sexual assault collection kits, statewide and by
4 jurisdiction, where forensic analysis has not been completed and six months or
5 more have passed since those sexual assault collection kits were added to the
6 system.
7 (9) The total number of sexual assault collection kits, statewide and by
8 jurisdiction, where forensic analysis has not been completed and one year or
9 more has passed since those sexual assault collection kits were added to the
10 system.
11 F. For the purpose of the reports required by Subsection E of this
12 Section, a sexual assault collection kit shall be assigned to the jurisdiction
13 associated with the law enforcement agency anticipated to receive the sexual
14 assault collection kit or otherwise have custody of the sexual assault collection
15 kit.
16 G. Any public agency or entity, including its officials or employees, and
17 any hospital and its employees providing services to victims of sexual assault,
18 shall not be held civilly liable for damages arising from any release of
19 information or the failure to release information related to the statewide sexual
20 assault collection kit tracking system, provided that the release was not grossly
21 negligent.
22 H. The office of state police shall adopt rules as necessary to implement
23 this Section.
24 I. For the purposes of this Section:
25 (1) "Reported sexual assault collection kit" means a sexual assault
26 collection kit where a law enforcement agency has received a related report or
27 complaint alleging that a sexual assault or other crime occurred.
28 (2) "Sexual assault collection kit" includes all evidence collected during
29 a sexual assault medical forensic examination.
Page 4 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 (3) "Unreported sexual assault collection kit" means a sexual assault
2 collection kit where a law enforcement agency has not received a related report
3 or complaint alleging that a sexual assault has occurred.
4 Section 2. R.S. 40:1216.1(A)(2)(c) and (7) through (9) are hereby amended and
5 reenacted to read as follows:
6 §1216.1. Procedures for victims of a sexually oriented criminal offense; immunity;
7 regional plans; maximum allowable costs; definitions; documents
8 requested by victim
9 A. * * *
10 (2) * * *
11 (c) Any evidence collected shall be assigned a code number and the hospital
12 or healthcare provider that performed the forensic medical exam shall maintain
13 code records for a period of at least one year from the date the victim is presented for
14 treatment. The hospital or healthcare provider that performed the forensic medical
15 exam shall assign the code number by affixing to the evidence container a code to
16 be used in lieu of the victim's identifying information to maintain confidentiality.
17 The code number is to shall be used for identification should the victim later choose
18 to report the incident. The healthcare provider shall provide all information
19 required by the statewide tracking system operated by the office of state police,
20 pursuant to R.S. 15:624.1.
21 * * *
22 (7) A The healthcare provider who performed the forensic medical exam
23 and the healthcare facility shall may submit a claim for payment of healthcare
24 services rendered in for conducting a forensic medical exam for a victim of a
25 sexually oriented offense to any of the following: directly to the Crime Victim
26 Reparations Board to be paid in strict accordance with the provisions of R.S.
27 46:1822. A victim of a sexually-oriented criminal offense shall not be billed
28 directly or indirectly for the performance of any forensic medical exam. The
29 provisions of this Paragraph shall not be interpreted or construed to apply to
Page 5 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 either of the following:
2 (a) A healthcare provider billing for any medical services that are not
3 specifically set forth in this Section or provided for diagnosis or treatment of the
4 victim for injuries related to the sexual assault. With the consent of the victim, to
5 the victim's health insurance issuer. Notwithstanding any provision to the contrary,
6 a health insurance issuer receiving a claim for covered healthcare services rendered
7 in conducting a forensic medical exam shall waive any applicable deductible,
8 coinsurance, and copay and the healthcare provider shall submit a claim to the Crime
9 Victims Reparations Fund for satisfaction of any noncovered services. In addition,
10 the health insurance issuer shall allow the victim to designate any address to be used
11 for purposes of transmitting an explanation of benefits or allow the victim to
12 designate that no explanation of benefits be generated or transmitted.
13 (b) A victim of a sexually-oriented criminal offense seeking reparations
14 in accordance with the Crime Victims Reparations Act, R.S. 46:1801 et seq. for
15 the costs for any medical services that are not specifically set forth in this
16 Section or provided for the diagnosis or treatment of the victim for injuries
17 related to the sexual assault. The Louisiana Medicaid, Medicare, or Tricare
18 programs, if the victim is enrolled as beneficiary of any of these programs.
19 (c) If the victim does not consent to the healthcare provider submitting a
20 claim to his or her health insurance issuer or the victim is not otherwise insured, the
21 Crime Victims Reparations Board. The Crime Victims Reparations Board shall
22 reimburse the healthcare provider in accordance with the provisions of R.S. 46:1822.
23 (8) Except for those services specifically set forth in the provision of this
24 Section, no other services shall be subject to the reimbursement or billing provisions
25 of this Section and shall continue to be reimbursable under the ordinary billing
26 procedures of the hospital or healthcare provider. In addition, a victim of a sexually-
27 oriented offense may seek reimbursement for these services through the Crime
28 Victims Reparations Board.
29 (9) The department shall make available to every hospital and healthcare
Page 6 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 provider licensed under the laws of this state a pamphlet containing an explanation
2 of the billing process for services rendered pursuant to this Section. Every hospital
3 and healthcare provider shall provide a copy of the pamphlet to any person presented
4 for treatment as a victim of a sexually oriented criminal offense.
5 (10)(9)(a) The victim shall be provided with information about emergency
6 contraception which shall be developed and made available electronically to all
7 licensed hospitals in this state through the Louisiana Department of Health's website
8 and by paper form upon request to the department.
9 (b) The treating healthcare provider shall inform the victim of the option to
10 be provided emergency contraception at the hospital or healthcare facility and, upon
11 the completion of a pregnancy test yielding a negative result, shall provide
12 emergency contraception upon the request of the victim.
13 * * *
14 Section 3. R.S. 46:1802(7), 1807(B)(7), and 1822(C) are hereby amended and
15 reenacted and R.S. 46:1802(14) is hereby enacted to read as follows:
16 §1802. Definitions
17 As used in this Chapter:
18 * * *
19 (7) "Healthcare provider" means either of the following:
20 (a) A a physician or other healthcare practitioner licensed, certified,
21 registered, or otherwise authorized to perform specified healthcare services
22 consistent with state law.
23 (b) A facility or institution providing healthcare services, including but not
24 limited to a hospital or other licensed inpatient center, ambulatory surgical or
25 treatment center, skilled nursing facility, inpatient hospice facility, residential
26 treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or other
27 therapeutic health setting.
28 * * *
29 (14) "Healthcare facility" means a facility or institution providing
Page 7 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
1 healthcare services, including but not limited to a hospital or other licensed
2 inpatient center, ambulatory surgical or treatment center, skilled nursing
3 facility, inpatient hospice facility, residential treatment center, diagnostic,
4 laboratory, or imaging center, or rehabilitation or other therapeutic health
5 setting.
6 * * *
7 §1807. Powers and duties of board; staff
8 * * *
9 B. In the performance of its powers and duties the board shall:
10 * * *
11 (7) Develop, adopt, and promulgate rules in the manner provided in the
12 Administrative Procedure Act and in accordance with the provisions of R.S.
13 46:1806(B). The rules shall contain specific guidelines which shall establish the
14 reasonable costs to be charged reimbursed for all healthcare services or expenses
15 ancillary to a forensic medical examination which shall not exceed one thousand
16 dollars for each case.
17 * * *
18 §1822. Forensic medical exams; reimbursement
19 * * *
20 C. A request for reimbursement by a healthcare provider or healthcare
21 facility for the performance of a forensic medical exam shall not constitute
22 reparations and therefore shall be immediately payable and not require
23 approval from the board as a condition of payment. The board shall direct
24 payment to be made to a healthcare provider or healthcare facility no later than
25 ninety thirty calendar days from the date the attestation is submitted to the board by
26 the healthcare provider or healthcare facility.
27 Section 4. R.S. 40:1216.1(A)(10) is hereby repealed.
Page 8 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
The original instrument was prepared by Whitney Kauffeld. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alan Miller.
DIGEST
SB 169 Engrossed 2023 Regular Session Mizell
Present law requires law enforcement to submit a sexual assault collection kit for an assault
reported to law enforcement with an unknown suspect to a forensic laboratory for testing
within 30 days of receipt.
Proposed law requires law enforcement to submit every reported sexual assault collection
kit for an assault with a known or unknown suspect to a forensic laboratory for testing within
30 days of receipt.
Proposed law requires La. State Police to create and operate a statewide sexual assault
collection kit tracking system. Proposed law further provides that the tracking system must
track the location and status of the kits throughout the criminal justice process; designate
sexual assault collection kits as reported or unreported; indicate whether a sexual assault
collection kit contains biological material; allow medical facilities, law enforcement,
prosecutors, the La. State Police Crime Laboratory, and all other facilities having custody
of the kit to update and track the status of the kits; and allow victims to track the status of
their kit anonymously.
Proposed law permits the La. State Police to phase-in implementation as necessary, but the
system must be implemented fully by July 1, 2024. Proposed law requires La. State Police
to submit a report for the current status and plan to the La. Sexual Assault Oversight
Commission, the Senate Committee on Judiciary B, the House Committee on Admin. of
Criminal Justice, and the governor no later than January 1, 2024.
Proposed law requires the La. State Police to submit an annual report on the tracking system
to the La. Sexual Assault Oversight Commission, the Senate Committee on Judiciary B, the
House Committee on Admin. of Criminal Justice, and the governor no later than July 31
each year.
Proposed law requires the report to contain the following, both statewide and by jurisdiction:
(1)The total number of sexual assault collection kits in the system.
(2)The total and semi-annual number of sexual assault collection kits with completed
forensic analysis.
(3)The number of sexual assault collection kits added to the system in the reporting
period.
(4)The total and semi-annual number of sexual assault collection kits where testing has
been requested but not yet completed.
(5)The average and median length of time for sexual assault collection kits to be
submitted for testing after being added to the system.
(6)The total and semi-annual number of sexual assault collection kits destroyed or
removed from the system.
(7)The total number of sexual assault collection kits waiting six months or longer to be
tested.
Page 9 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
(8)The total number of sexual assault collection kits waiting over one year to be tested.
Proposed law requires that a sexual assault collection kit be assigned to a jurisdiction
associated with the law enforcement agency anticipated to receive the kit.
Proposed law shields from liability any participating public agency, hospital, or law
enforcement agency, including its employees, for the release of information or the failure
to release information, except when there is gross negligence.
Proposed law permits the La. State Police to adopt rules necessary to implement proposed
law.
Proposed law defines "reported sexual assault collection kit", "sexual assault collection kit",
and "unreported sexual assault collection kit".
Proposed law clarifies present law by requiring healthcare providers who perform forensic
medical exams to create a code number to maintain confidentiality for the victim in an
unreported sexual assault.
Proposed law clarifies present law by requiring healthcare providers to be paid or a victim
reimbursed for the performance of a forensic medical exam by the Crime Victim Reparations
Board (board), except for any treatment not related to the sexual assault.
Proposed law distinguishes the definitions of "healthcare provider" and "healthcare facility".
Proposed law provides that the performance of a forensic medical exam is not reparations
and is immediately payable by the board. Proposed law further provides that payment must
be made within 30 days of submission for payment.
Present law provides for the powers and duties of the board.
Present law requires the board to develop, adopt, and promulgate rules in the manner
provided in the APA and in accordance with present law to contain specific guidelines which
establishes the reasonable costs to be charged for all healthcare services or expenses
ancillary to a forensic medical examination which shall not exceed $1,000 for each case.
Proposed law requires the board to promulgate rules in the manner provided in the APA and
in accordance with present law to contain specific guidelines which establishes the
reasonable costs to be reimbursed for all healthcare services or expenses ancillary to a
forensic medical examination.
Effective August 1, 2023.
(Amends R.S. 15:623(A), R.S. 40:1216.1(A)(2)(c) and (7)-(9), and R.S. 46:1802(7),
1807(B)(7), and 1822(C); adds R.S. 15:624.1 and 46:1802(14); repeals R.S.
40:1216.1(A)(10))
Page 10 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 169
SLS 23RS-269 ENGROSSED
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Makes technical changes
2. Adds the House Committee on Admin. of Criminal Justice to the list of
entities to which the La. State Police must submit reports regarding the
implementation of the statewide sexual assault collection kit tracking system
and plan.
3. Provides for reimbursement by the Crime Victims Reparations Board for all
healthcare services or expenses ancillary to a forensic medical examination.
Page 11 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.