Louisiana Revised Statutes 15:624.1 – Submission of sexual assault collection kits
Terms Used In Louisiana Revised Statutes 15:624.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
A. The office of state police shall create and operate a statewide sexual assault collection kit tracking system. The office of state police may contract with public or private entities, including but not limited to private software and technology providers, for the creation and maintenance of the system.
B. The statewide sexual assault collection kit tracking system shall:
(1) Track the location status of the kits throughout the criminal justice process, including the initial collection performed at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage or destruction after completion of analysis.
(2) Designate sexual assault collection kits as unreported or reported.
(3) Indicate whether a sexual assault collection kit contains biological materials collected for the purpose of forensic toxicological analysis.
(4) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Louisiana State Police Crime Laboratory, all other forensic crime laboratories in the state, and other entities having custody of sexual assault collection kits to update and track the status and location of sexual assault collection kits.
(5) Allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault collection kits.
(6) Use electronic technology allowing continuous access.
C. The office of state police may phase in initial participation according to region or volume of kits.
D. The office of state police may use a phased implementation process in order to launch the system and facilitate entry and use of the system for required participants. The office of state police may phase initial participation according to the region or volume. All entities, including law enforcement and healthcare providers having custody of sexual assault collection kits, shall provide all required information to the tracking system and fully participate in the system no later than July 1, 2024. The office of state police shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the Louisiana Sexual Assault Oversight Commission, the Senate Committee on Judiciary B, the House Committee on Administration of Criminal Justice, and the governor no later than January 1, 2024.
E. The office of state police shall submit an annual report on the statewide sexual assault collection kit tracking system to the Louisiana Sexual Assault Oversight Commission, the Senate Committee on Judiciary B, the House Committee on Administration of Criminal Justice, and the governor no later than July thirty-first of each year. The office of state police may make public the current report on its website. The report shall include the following:
(1) The total number of sexual assault collection kits in the system statewide and by jurisdiction.
(2) The total and semiannual number of sexual assault collection kits where forensic analysis has been completed statewide and by jurisdiction.
(3) The number of sexual assault collection kits added to the system in the reporting period statewide and by jurisdiction.
(4) The total and semiannual number of sexual assault collection kits where forensic analysis has been requested but not completed, statewide and by jurisdiction.
(5) The average and median length of time for sexual assault collection kits to be submitted for forensic analysis after being added to the system, including separate sets of data for all sexual assault collection kits in the system statewide and by jurisdiction.
(6) The average and median length of time for sexual assault collection kits added to the system in the reporting period statewide and by jurisdiction.
(7) The total and semiannual number of sexual assault collection kits destroyed or removed from the system statewide and by jurisdiction.
(8) The total number of sexual assault collection kits, statewide and by jurisdiction, where forensic analysis has not been completed and six months or more have passed since those sexual assault collection kits were added to the system.
(9) The total number of sexual assault collection kits, statewide and by jurisdiction, where forensic analysis has not been completed and one year or more has passed since those sexual assault collection kits were added to the system.
F. For the purpose of the reports required by Subsection E of this Section, a sexual assault collection kit shall be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault collection kit or otherwise have custody of the sexual assault collection kit.
G. Any public agency or entity, including its officials or employees, and any hospital and its employees providing services to victims of sexual assault, shall not be held civilly liable for damages arising from any release of information or the failure to release information related to the statewide sexual assault collection kit tracking system, provided that the release was not grossly negligent.
H. The office of state police shall adopt rules as necessary to implement this Section.
I. For the purposes of this Section:
(1) “Reported sexual assault collection kit” means a sexual assault collection kit where a law enforcement agency has received a related report or complaint alleging that a sexual assault or other crime occurred.
(2) “Sexual assault collection kit” includes all evidence collected during a sexual assault medical forensic examination.
(3) “Unreported sexual assault collection kit” means a sexual assault collection kit where a law enforcement agency has not received a related report or complaint alleging that a sexual assault has occurred.
Acts 2023, No. 193, §1.