HB 305 — CRIME/SEX OFFENSES: Provides relative to child sexual abuse materials (EN NO IMPACT See Note)

HLSENROLLED 26RS-795 ENGROSSED Regular Session HOUSE BILL NO.

305 BY REPRESENTATIVE CARVER CRIME/SEXAN OFFENSES:ACT To amend and reenact R.S.

Provides relative to child sexual abuse materials AN ACT To amend and reenact R.S.

Child sexual abuse materials * * * F.(1)(2) UponUponthefilingofanyinformationorindictment thefilingofanyinformationorindictment bytheprosecuting authority for a violation of this Section, the investigating law enforcement agency which that seized the photographs, films, videotapes, or other visual reproductions of child sexual abuse materials shall provide copies of those reproductions to the Internet crimes against children division within the attorney general's office.

(b) Request the Child Victim Identification Program to provide the law enforcement agency contact information for any visual reproductions recovered Page 1 of 43 CODING:

HLS 26RS-795 ENGROSSED HB NO.

305 (b)ENROLLED Request the Child Victim Identification Program to provide the law enforcement agency contact information for any visual reproductions recovered which that contain an identified victim of child sexual abuse materials as defined in this Section.

(d) In any case that involves the production of newly created child sexual abuse materials, the investigating law enforcement agency shall provide the case information and visual reproductionstoreproductions to the Child Victim IdentificationIdentificationProgram,as Program, as requested by the National Center for Missing and Exploited Children guidelines.

(4) (2) The Internet crimes against children division investigating law enforcement agency shall submit to the designated prosecutor the law enforcement agencyagencycontact contact information provided bytheby the Child Victim Identification Program at theNationalCenterforMissingandExploitedChildrentothedesignatedprosecutor, for anyvisual reproductionsinvolvedinreproductions theinvolved casewhichin thatthecasewhichthat contain the depiction of an identified victim of child sexual abuse materials as defined in this Section.

(5)(3) InallcasesinwhichtheprosecutingauthorityhasfiledanindictmentIn allcasesin whichtheprosecutingauthorityhasfiledanindictment or information for a violation of this Section and the victim of child sexual abuse materials has been identified and is a resident of this state, the prosecuting agency investigating law enforcement agencyshallagency shall submit all of the following information to the attorney general for entry into the Louisiana Attorney General's Exploited Children's Identification database maintained by that office Child Victim Identification Program at the National Center for Missing and Exploited Children:

Page(b) 2The name, race, sex, and date of 4birth CODING:of the defendant.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-795 ENGROSSED HB NO.

305 (b) The name, race, sex, and date of birth of the defendant.

(d)Page The2 contact information for the law enforcement agency which that identified a victim of child3 sexualCODING: abuse materials, including contact information maintained by the Child Victim Identification Program and provided to the Internet crimes against children division in accordance with this Section.

(6) (4) No sentence, plea, conviction, or other final disposition shall be invalidated due to failure to comply with the provisions of this Subsection, and no personshallhaveacauseofactionagainsttheinvestigatinglawenforcementagency or any prosecuting authority, or officer or agent thereof for failure to comply with the provisions of this Subsection.

* * * DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

It constitutes nopart 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)] HB 305 Engrossed 2026 Regular Session Carver Abstract:

Provides relative to victims of child sexual abuse materials.

Presentlawprovidesforthecrimeofchildsexualabusematerialsandprovidesforpenalties.

Proposed law retains present law.

Present law requires the investigating law enforcement agency which seized the photographs,films,videotapes,orothervisualreproductionsofchildsexualabusematerials to provide copies of those reproductions to the Internet crimes against children division within the attorney general's office upon the filing of any information or indictment by the prosecuting authority for a violation of present law (R.S.

14:81.1).

Proposed law removes the requirement of law enforcement to provide copies of those reproductions to the Internet crimes against children division within the attorney general's office and otherwise retains present law.

Present law provides for duties of investigating law enforcement agencies when an indictment or information for a violation of present law has been filed.

Present law further provides that one of these duties is to provide case information to the Child Victim Identification Program (CVIP), as requested by the Natl.

Center for Missing and Exploited Children (NCMEC) guidelines, in anycasewherethe Internet crimes against Page 3 of 4 CODING:

HLS 26RS-795 ENGROSSED HB NO.

305 childrenENROLLED division(d) withinThe contact information for the attorneylaw general'senforcement officeagency identifieswhich athat previouslyidentified unidentifieda victim of child sexual abuse materials.materials, including contact information maintained bythe Child Victim Identification Program and provided to the Internet crimes against children division in accordance with this Section.

Proposed(6) law(4) amendsNo presentsentence, lawplea, conviction, or other final disposition shall be invalidated due to removefailure to comply with the criteriaprovisions of identificationthis ofSubsection, aand previouslyno unidentifiedpersonshallhaveacauseofactionagainsttheinvestigatinglawenforcementagency victimor ofany childprosecuting sexualauthority, abuseor materialsofficer byor theagent crimesthereof againstfor childrenfailure divisionto withincomply with the attorneyprovisions general'sof office.this Subsection.

Otherwise* retains* present* law.SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ProposedPage law3 furtherof requires3 lawCODING: enforcement agencies to provide case information to the CVIP, as requested bythe NCMEC guidelines, in anycase submitted to the NCMEC when visual reproductions are recovered that contain child sexual abuse materials.

Proposed law provides that in any case that involves the production of newly created child sexual abuse materials, the investigating law enforcement agencyis required to provide the case information and visual reproductions to the CVIP, as requested by the NCMEC guidelines.

Present law requires the Internet crimes against children division to submit the law enforcement agency contact information provided by the CVIP at the NCMEC to the designated prosecutor for any visual reproductions involved in the case which contain the depiction of an identified victim of child sexual abuse materials.

Proposedlawretains present law but changes the submitter fromtheInternetcrimesagainst children division to the investigating law enforcement agency.

Present law requires the prosecuting agency to submit certain information to the attorney generalforentryintotheLa.AttorneyGeneral'sExploitedChildren'sIdentificationdatabase in all cases in which the prosecuting authority has filed an indictment or information for a violation of present law (R.S.

14:81.1) and the victim of child sexual abuse materials has been identified and is a resident of the state of La.