RÉSUMÉ DIGEST
ACT 193 (SB 169) 2023 Regular Session Mizell
New 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.
New 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.
New law requires La. State Police to create and operate a statewide sexual assault collection
kit tracking system. New 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.
New law permits the La. State Police to phase-in implementation as necessary, but the
system must be implemented fully by July 1, 2024. New 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.
New 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 31st
of each year.
New 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.
(8)The total number of sexual assault collection kits waiting over one year to be tested.
New law requires that a sexual assault collection kit be assigned to a jurisdiction associated
with the law enforcement agency anticipated to receive the kit.
New 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.
New law permits the La. State Police to adopt rules necessary to implement proposed law. New law defines "reported sexual assault collection kit", "sexual assault collection kit", and
"unreported sexual assault collection kit".
Existing law provides for the assignment of code members for evidences collected and
provides for claim reimbursement for forensic medical exams.
New law clarifies existing 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.
New law clarifies existing 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.
New law distinguishes the definitions of "healthcare provider" and "healthcare facility".
New law provides that the performance of a forensic medical exam is not reparations and is
immediately payable by the board. New law further provides that payment must be made
within 30 days of submission for payment.
Existing law provides for the powers and duties of the board.
Existing law requires the board to develop, adopt, and promulgate rules in the manner
provided in the APA and in accordance with existing law to contain specific guidelines that
establish 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.
New law requires the board to promulgate rules in the manner provided in the APA and in
accordance with existing law to contain specific guidelines which establish 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))