RDCSB124 3351 4404
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)]
SB 124 Engrossed 2024 Regular Session Mizell
Present law provides special procedures for hospitals and healthcare providers in the event
a person presents for treatment as a victim of a sexually oriented criminal offense.
Present law prohibits a hospital or healthcare provider from requiring that the victim report
the offense to law enforcement officials in order to receive medical attention.
Proposed law changes present law references of persons that present themselves for
treatment for sexual assault from "victims" to "survivors".
Proposed law provides requirements relative to the examination and treatment of all sexual
assault survivors.
Proposed law retains present law and adds that a hospital or healthcare provider is also
prohibited from requiring that the victim report the offense to law enforcement officials in
order for the hospital or healthcare provider to collect evidence of the offense.
Present law provides relative to unreported sexual assaults and provides that any
examination and treatment shall include the preservation, in strict confidentiality, for a
period of at least one year, of tests or procedures, or both, and samples that may serve as
potential evidence.
Present law provides that any evidence collected shall be assigned a code number, and the
hospital or healthcare provider that performed the forensic medical exam shall maintain code
records for a period of at least one year. Requires the hospital or healthcare provider that
performed the forensic medical exam to assign the code number and affix it to the evidence
container in lieu of the victim's identifying information to maintain confidentiality.
Proposed law increases the time period for preservation and maintenance of the code records
from one year to 20 years.
Present law provides that if the victim wishes to report the incident to law enforcement
officials, the hospital staff or healthcare provider is required to contact the appropriate law
enforcement agency.
Proposed law provides that if the survivor wishes to report the incident to law enforcement
officials, the hospital staff or healthcare provider is required to contact the appropriate law
enforcement agency having jurisdiction over the location where the crime occurred.
Provides the same requirements in proposed law if the survivor does not wish to report to
law enforcement officials.
Present law provides that if any person 17 years old or younger presents or is presented for
treatment as a victim of a sexually oriented criminal offense, the hospital or healthcare
provider is required to immediately notify the appropriate law enforcement official.
Proposed law retains present law and changes the term "victim" to "survivor".
Present law provides that if the victim is physically or mentally incapable of making the
decision to report, the hospital or healthcare provider is required to immediately notify the
appropriate law enforcement officials.
Proposed law retains present law.
Page 1 of 3 RDCSB124 3351 4404
Present law prohibits any hospital or healthcare provider from directly billing a victim of a
sexually oriented criminal offense for any healthcare services rendered in conducting a
forensic medical examination.
Proposed law retains present law.
Present law allows the healthcare provider who performed the forensic medical exam and
the healthcare facility to submit a claim for payment for conducting a forensic medical exam
directly to the Crime Victim Reparations Board. Provides that a victim of a sexually
oriented criminal offense shall not be billed directly or indirectly for the performance of any
forensic medical exam.
Present law provides that present law shall not be interpreted or construed to apply to either:
(1)A healthcare provider billing for any medical services that are not specifically set
forth in present law or provided for diagnosis or treatment of the victim for injuries
related to the sexual assault.
(2)A victim of a sexually oriented criminal offense seeking reparations for the costs for
any medical services that are not specifically set forth in present law or that are
provided for the diagnosis or treatment of the victim for injuries related to the sexual
assault.
Present law prohibits present law being interpreted or construed to apply to a healthcare
provider billing for medical services not specifically enumerated in present law or for the
diagnosis or treatment of the victim for injuries related to the sexual assault.
Proposed law provides that a defendant or person accused or convicted of a crime against
a survivor does not have standing to seek to have their conviction or sentence set aside for
a violation of the Sexual Assault Survivors' Bill of Rights.
Present law enumerates certain rights for victims of sexual assault that attach whether a
victim seeks the assistance of either a law enforcement official or a healthcare provider and
regardless of whether the victim receives a forensic medical examination or whether a sexual
assault collection kit is administered. Provides that a victim of sexual assault shall have the
right:
(1)To a forensic medical exam.
(2)To be notified of the ability to request the presence of a sexual assault advocate
during the administration of a forensic medical examination or a scheduled interview
by a law enforcement official if a sexual assault advocate is reasonably available.
(3)To have access and obtain a copy of their forensic medical examination report at no
cost to them.
Proposed law changes the terminology of "victims of sexual assault" to "sexual assault
survivors" and provides for the following additional rights:
(1)To have an unreported sexual assault collection kit preserved, without charge, for at
least 20 years.
(2)To be informed of any results, updates, status, location, and tracking of the sexual
assault collection kit.
(3)To be informed in writing of policies governing the collection and preservation of
a sexual assault collection kit.
(4)To be informed in writing from the appropriate official, not later than 60 days before
the date of the intended destruction or disposal of a sexual assault collection kit and
upon written request, the ability to be granted further preservation of the kit or its
probative contents.
Page 2 of 3 RDCSB124 3351 4404
(5)The right not to be requested or required to submit to a polygraph examination as a
condition of an investigation or prosecution.
(6)The right to receive, at no cost, a copy of any records or investigative reports from
law enforcement when those records are provided to the defendant through discovery
or a year after the offense was reported, whichever is sooner.
(7)The right to have privileged communications with a representative or employee of
sexual assault center.
(8)The right not to have the survivor's DNA obtained from a sexual assault collection
kit compared with other DNA records to investigate the survivor.
(9)The right to retain any other rights that a survivor may have under any other
Louisiana law.
Proposed law provides that complaints about a violation of proposed law may be submitted
directly to the Senate Select Committee on Women and Children.
Effective August 1, 2024.
(Amends R.S. 40:1216.1 and R.S. 46:1845)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Makes technical changes.
2. Reorganizes present law.
3. Changes references of persons that present or are presented for treatment for
sexual assault from "victims" to "survivors".
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the
engrossed bill:
1. Make technical changes.
2. Add requirements relative to the examination and treatment of all sexual assault
survivors.
3. Change the term "victims" to "survivors".
Page 3 of 3