Amendment vs bill House Committee Amendment, #3244, ACRJ, Draft vs Engrossed

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HLS 26RS-1453 ENGROSSED Regular Session HOUSE BILL NO.
HCAHB998 4274 3244 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
998 BY REPRESENTATIVE FREEMAN CRIMINAL/VICTIMS:
998 by Representative Freeman AMENDMENT NO.
Provides relative to the examination and medical care of victims of domestic violence offenses involving strangulation AN ACT To amend and reenact R.S.
1 Onpage1, deleteline7 in its entiretyand insert"15:622(A)(6)andR.S.
15:622(A)(introductoryparagraph), (2), and (3), the heading of Part III-A of Subchapter D of Chapter 5-D of Title 40 of the Louisiana Revised Statutesof1950,R.S.40:1216.1(A)(introductoryparagraph),(1)(b),(2)(introductory paragraph),(b),(c)through(e),(5)(introductoryparagraph),(6),and(7),and(G)(1), R.S.
40:1216.1(A)(5)(c) and (H)(8), relative to" AMENDMENT NO.
46:1816(B)(introductory paragraph) and (8) and 1822(A) and to enact R.S.
2 On page 1, line 11, after "reimbursements;" and before "and" insert "to provide for an effective date;
15:622(A)(6) and R.S.
to provide for an implementation deadline;" AMENDMENT NO.
40:1216.1(A)(5)(c) and (H)(8), relative to examinations of victims of certain offenses;
3 On page 1, line 14, change "R.S.
to provide relative to forensic medical examinations;
15:622(A)(6) and (7) are" to "R.S.
to provide for definitions;
15:622(A)(6) is" AMENDMENT NO.
to provide relative to procedures for survivors of certain offenses;to provide relative to the Victim's Compensation Fund;
4 On page 2, line 4, after "assault" delete the comma "," and delete the remainder of the line and at the beginning of line 5, change "a domestic violence offense that involves strangulation" to "or domestic violence, including strangulation," AMENDMENT NO.
to provide relative toreimbursements;toprovideforaneffectivedate;toprovideforanimplementation deadline;
5 On page 2, delete lines 8 and 9 in their entiretyand insert the following:
and to provide for related matters.
"(ii) A victim of domestic violence, including strangulation." AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
6 On page 3, line 2, after "assault" delete the comma "," and the remainder of the line and deleteline3initsentiretyandinsert"ordomesticviolenceoffense,includingstrangulation." AMENDMENT NO.
Section1.
7 On page 3, delete lines 18 and 19 in their entirety AMENDMENT NO.
R.S.15:622(A)(introductoryparagraph),(2),and(3)areherebyamended and reenacted and R.S.
8 On page 3, at the end of line 24, delete "and" and at the beginning of line 25 delete "(9)" AMENDMENT NO.
15:622(A)(6) is herebyenacted to read as follows:
9 On page 3, line 27, after "OFFENSES" delete the remainder of the line and delete lines 28 and 29 in their entirety and insert "OR DOMESTIC VIOLENCE, INCLUDING STRANGULATION" AMENDMENT NO.
§622.
10 On page 4, line 1, after "offense" delete the remainder of the line and delete line 2 in its entirety and insert "or domestic violence, including strangulation;" Page 1 of 3 CODING:
Sexual assault collection kits;
forensic medical examinations A.
AsusedinthisSection,thefollowingtermshavethefollowingmeanings:
* * * (2)(a) "Forensic medical examination" means an examination, provided to the victim of a sexually oriented criminal offense by a health care provider for the Page 1 of 11 CODING:
HLS 26RS-1453 ENGROSSED HB NO.
HCAHB998 4274 3244 AMENDMENT NO.
998 purpose of gathering and preserving evidence of a sexual assault for use in a court of law.
11 On page 4, line 6, after"assault"delete the remainderoftheline,delete line 7 in its entirety, and at the beginning of line 8, change "involves strangulation" to "and every survivor of domestic violence, including strangulation," AMENDMENT NO.
whether or not for the purpose of developing or preserving a sexual assault collectionkit,thatisconductedbyahealthcareproviderforthepurposeofgathering and preserving evidence of a sexual assault or domestic violence, including strangulation, for use in a court of law and is provided to anyof the following:
12 On page 4, at the end of line 10, delete the comma "," and delete line 11 in its entirety and insert "or domestic violence, including" AMENDMENT NO.
(i) A victim of a sexually oriented criminal offense.
13 On page 4, line 16, after "assault" delete the remainder of the line and at the beginning of line 17, change "violence offense that involves" to "or domestic violence, including" AMENDMENT NO.
(ii) A victim of domestic violence, including strangulation.
14 On page 4, line 21, after "assault" delete the remainder of the line and at the beginning of line 22, change "offense, or a domestic violence offense that involves strangulation" to "or domestic violence, including strangulation," AMENDMENT NO.
(b) A forensic medical examination shall include the following:
15 On page 5, line 24, after "assault" delete the remainder of the line and delete line 25 in its entirety and insert "or domestic violence, including strangulation." AMENDMENT NO.
(a) (i) Examination of physical trauma.
16 Onpage6,line2,after"offense"deletetheremainderofthelineandatthebeginningofline 3, change"violenceoffensethatinvolves strangulation"to "ordomesticviolence,including strangulation," AMENDMENT NO.
(b) (ii) Patient interview, including all of the following:
17 On page 6, line 18, after "offense" delete the remainder of the line and delete line 19 in its entirety and insert "or domestic violence, including strangulation, shall not" AMENDMENT NO.
(aa) Any history of violence or abuse.
18 On page 6, line 25, after "assault" delete the remainder of the line and delete line 26 in its entirety and insert "or domestic violence, including strangulation." AMENDMENT NO.
(bb) Current and prior strangulation history.
19 On page 6, line 27, after "offense" delete the remainder of the line and delete line 28 in its entirety and insert "or domestic violence, including strangulation," AMENDMENT NO.
(cc) An assessment and documentation of any current and prior symptoms and injuries.
20 On page 7, line 3, after "assault" delete the remainder of the line and delete line 4 in its entirety and insert "or domestic violence, including strangulation." AMENDMENT NO.
(dd) Any other relevant medical history, triage, and consultation.
21 On page 7, line 10, after "offense" delete the remainder of the line and delete line 11 in its entirety and insert "or domestic violence, including strangulation." Page 2 of 3 CODING:
(ee) Triage.
(ff) Consultation.
(c) (iii) Collection and evaluation of evidence, including but not limited to the following:
(aa) Physical evidence.
(i) (bb) Photographic documentation.
(cc) Medical and forensic specimens, including toxicology screening for alcohol and drug-facilitated sexual assaults or domestic violence.
(ii) (dd) Preservation and maintenance of chain of custody.
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(iii) Medical specimen collection.
(iv) When determinednecessarybythe healthcareprovider, an alcohol- and drug-facilitated sexual assault assessment and toxicology screening.
(iv) Any testing recommended by the healthcare provider or related to the sexual assault or domestic violence offense, including strangulation.
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HCAHB998 4274 3244 AMENDMENT NO.
998 (v) Anymedicationprovidedduringtheforensicmedicalexaminationwhich may include emergency contraception and prophylaxis for HIV or a sexually transmitted infection.
22 On page 7, line 14, after "offense" delete the remainder of the line and at the beginning of line 15, change "that involves strangulation" to "or domestic violence, including strangulation" AMENDMENT NO.
(3) "Sexual assault collection kit" means a human biological specimen or specimens collected by a health care healthcare provider during a forensic medical examination from the victim of a sexually oriented criminal offense.
23 On page 8, delete lines 3 and 4 in their entirety AMENDMENT NO.
* * * (6) "Domestic violence" means but is not limited to acts that constitute any of the following:
24 On page 8, at the end of line 13, delete "of" and insert "and forensic medical examinations as defined in R.S.
(a) Battery of a dating partner (R.S.
15:622 for" AMENDMENT NO.
14:34.9).
25 On page 8, line 14, after "offenses" delete the remainder of the line and delete lines 15 and 16 in their entirety and insert "or domestic violence, including strangulation, including forensic medical examinations as defined in R.S.
(b) Aggravated assault upon a dating partner (R.S.
15:622." AMENDMENT NO.
14:34.9.1).
26 On page 9, between lines 7 and 8, insert the following:
(c) Domestic abuse battery(R.S.
"Section4.
14:35.3).
ThisActshallbecomeeffectiveuponsignaturebythegovernoror,ifnot signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
(d) Domestic abuse aggravated assault (R.S.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
14:37.7).
Section 5.
(e) Dating violence as provided in R.S.
46:2151.
* * * Section 2.
The heading of Part III-A of Subchapter D of Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950, R.S.
40:1216.1(A)(introductoryparagraph), (1)(b), (2)(introductory paragraph), (b), (c) through (e), (5)(introductory paragraph), (6), and (7), and (G)(1) are hereby amended and reenacted and R.S.
40:1216.1(A)(5)(c) and (H)(8) are hereby enacted to read as follows:
PART III-A.
HEALTHCARE SERVICES FOR VICTIMS OF SEXUALLY ORIENTED CRIMINAL OFFENSES OR DOMESTIC VIOLENCE, INCLUDING STRANGULATION §1216.1.
Procedures for survivors of a sexually oriented criminal offense or domestic violence, including strangulation;
immunity;
regional plans;
maximum allowable costs;
definitions;
documents requested by victim A.
All licensed hospitals and healthcare providers in Louisiana this state shall offer information to every survivor of sexual assault survivor and every survivor of domestic violence, including strangulation, information to receive the Page 3 of 11 CODING:
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HLS 26RS-1453 ENGROSSED HB NO.
998 treatment provided for in this Section.
A licensed hospital or healthcare provider shall adhere to the following procedures if a person presents for treatment as a survivor of sexual assault survivor or domestic violence, including strangulation:
(1) * * * (b) If a person under the age of eighteen presents for treatment as a survivor ofsexualassaultsurvivorordomesticviolence,includingstrangulation,thehospital or healthcare provider shall immediately notify the appropriate law enforcement agency or any other official necessary to fulfill any mandatory reporting obligation required by law.
* * * (2) All survivors of sexual assault survivors or domestic violence, including strangulation, shall be examined by a qualified healthcare provider and treated, without undue delay, in a private space required to ensure the health, safety, and welfare of the survivor by a qualified healthcare provider.
Examination and treatment,includingtheforensicmedicalexamination,shallbeadaptedasnecessary to address the unique needs and circumstances of each survivor.
All survivors shall be afforded an advocate whose communications are privileged in accordance with the provisions of R.S.
46:2187, if one is available.
With the consent of the survivor, an advocate shall remain in the examination room during the forensic medical examination.
With the consent of the survivor, the examination and treatment of all sexual assault survivors shall, at a minimum, include all of the following:
* * * (b) Patient interview, including all of the following:
(i) Any history of violence or abuse.
(ii) Current and prior strangulation history.
(iii) An assessment and documentation of any current and prior symptoms and injuries.
(iv) Any other relevant medical history, triage, and consultation.
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HLS 26RS-1453 ENGROSSED HB NO.
998 (v) Triage.
(vi) Consultation.
(c) Collection and evaluation of evidence, including but not limited to the following:
(i) Physical evidence.
(i) (ii) Photographic documentation.
(iii) Medical and forensic specimens, including toxicology screening for alcohol and drug-facilitated sexual assaults or domestic violence.
(ii) (iv) Preservation and maintenance of chain of custody.
(iii) Medical specimen collection.
(iv) When determined necessary by the healthcare provider, an alcohol or drug-facilitated sexual assault assessment and toxicology screening.
(d) Any testing recommended by the healthcare provider or related to the sexual assault or recommended by the healthcare provider or domestic violence, including strangulation.
(e) Anymedicationprovidedduringtheforensicmedicalexamination,which may include emergency contraception and prophylaxis for HIV or STI prophylaxis a sexually transmitted infection.
* * * (5) No hospital or healthcare provider shall directly bill a survivor of a sexuallyorientedcriminaloffenseordomesticviolence,includingstrangulation,for any healthcare services rendered in conducting a forensic medical examination, including the healthcare services rendered in accordance with Paragraph (2) of this Subsection and the following:
* * * (c)(i) Necessary and recommended medical care to ensure that no life-threatening injuries are present, including diagnostic treatment and procedures and radiographic studies.
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HLS 26RS-1453 ENGROSSED HB NO.
998 (ii) The services described in Item (i) of this Subparagraph are considered medical treatment and shall not be included in the forensic costs or billing for medical examination.
Any medical expenses incurred by the healthcare provider may be billed to the insurance provider of the patient, if applicable.
(6) The healthcare provider who performed the forensic medical exam examination and the hospital or healthcare facilityshall submit a claim for payment for conducting a forensic medical exam examination directly to the Crime Victim Reparations Board to be paid in strict accordance with the provisions of R.S.
46:1822.
A survivor of a sexually oriented criminal offense or domestic violence, including strangulation, shall not be billed directlyor indirectlyfor the performance of any forensic medical exam examination.
The provisions of this Paragraph shall not be interpreted or construed to do not applyto either of the following:
(a) A healthcare provider billing for any medical services that are not specifically set forth in this Section or provided for diagnosis or treatment of the survivor for injuries related to the sexual assault or domestic violence, including strangulation.
(b) A survivor of a sexually oriented criminal offense seeking or domestic violence, including strangulation, who seeks reparations in accordance with the Crime Victims Reparations Act, R.S.
46:1801 et seq., for the costs for any medical servicesthatarenotspecificallysetforthinthisSectionorprovidedforthediagnosis or treatment of the survivor for injuries related to the sexual assault or domestic violence, including strangulation.
(7) The department Louisiana Department ofHealthshall makeavailableto every hospital and healthcare provider licensed under the laws of this state a pamphlet containing an explanation of the billing process for services rendered pursuanttothisSection.
Everyhospitalandhealthcareprovidershallprovideacopy of the pamphlet to any person presented for treatment as a survivor of a sexually oriented criminal offense or domestic violence, including strangulation.
* * * Page 6 of 11 CODING:
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HLS 26RS-1453 ENGROSSED HB NO.
998 G.(1) Upon request of a competent adult survivor of a sexually oriented criminal offense or domestic violence, including strangulation, the healthcare provider that performed the forensic medical exam examination shall provide a reproduction of any written documentation which that is in the possession of the healthcare provider resulting from the forensic medical exam examination of the survivor.
Thedocumentationshallbeprovidedto thesurvivornolaterthanfourteen days after the healthcare provider receives the request or the healthcare provider completes the documentation, whichever is later.
* * * H.
For purposes of this Section, the following definitions apply:
* * * (8) "Domestic violence" means but is not limited to acts that constitute any of the following:
(a) Battery of a dating partner (R.S.
14:34.9).
(b) Aggravated assault upon a dating partner (R.S.
14:34.9.1).
(c) Domestic abuse battery(R.S.
14:35.3).
(d) Domestic abuse aggravated assault (R.S.
14:37.7).
(e) Dating violence as provided in R.S.
46:2151.
Section3.
R.S.46:1816(B)(introductoryparagraph)and(8)and1822(A)arehereby amended and reenacted to read as follows:
§1816.
Crime Victims Reparations Fund;
creation;
sources and use of funds * * * B.
The fund shall be composed of the following:
* * * (8) Monies depositedbythestatetreasurerfromthecollectionofunclaimed prize moneyas provided for in R.S.
4:176 and R.S.
27:94, 252, 394, and 610, which shall be used exclusivelyto pay the expenses associated with healthcare services of and forensic medicalexaminations as defined in R.S.
15:622 forvictims ofsexually Page 7 of 11 CODING:
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HLS 26RS-1453 ENGROSSED HB NO.
998 oriented criminal offenses or domestic violence, including strangulation, including forensic medical examinations as defined in R.S.
15:622.
* * * §1822.
Forensic medical exams examinations;
reimbursement A.
Theboardshall reimbursea healthcareprovider who performs aforensic medical exam examinations in the amount of six hundred dollars.
The board shall reimburse the healthcare facility at which where a forensic medical exam examination was conducted for the cost of performing the exam examination in the amount of one thousand dollars.
The reimbursement amounts shall cover all of the following:
(1) Forensic examiner and hospital or healthcare facility services directly related to the examination, including integral forensic supplies.
(2) Scope procedures directly related to the forensic medical examination, including but not limited to anoscopy and colposcopy.
(3) Laboratory testing directly related to the forensic medical examination, including drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia culture, gonorrhea coverage culture, blood test for HIV screening, hepatitis B and C, herpes culture, and anyother sexuallytransmitted disease testing directly related to the forensic medical examination.
(4) Any medication provided during the forensic medical examination.
* * * Section 4.
The Louisiana Department of Justice, office of the attorney general, shall work with other state agencies and stakeholders across this state to develop and approve a standardized statewide forensic medical examination.
The Louisiana Department of Justice, officeof the attorney general, shall work with other state agencies and stakeholders across this state to develop and approve a standardized statewide forensic medical examination." AMENDMENT NO.
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27 On page 9, at the beginning of line 8, change "Section 4." to "Section 6." AMENDMENT NO.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
28 On page 9, line 10, after "order" delete the remainder of the line and delete line 11 in its entirety and insert "R.S.
HLS 26RS-1453 ENGROSSED HB NO.
998 Section 5.
The Louisiana State Law Institute is hereby authorized and directed to alphabetize and renumberthe Paragraphs of R.S.
15:622(A) and R.S.
40:1216.1(H) so as to properlyplacein alphabeticalorderR.S.
15:622(A)(6)andR.S.
40:1216.1(H)(8)as enacted by this Act.
Section 6.
This Actshallbecomeeffectiveuponsignaturebythegovernoror,ifnot signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
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 998 Engrossed 2026 Regular Session Freeman Abstract:
Provides relative to the examination and medical care of victims of domestic violence, including strangulation.
Present law (R.S.
15:622) provides for sexual assault collection kits.
Proposed law retains present law.
Present law defines "forensic medical examination".
Proposed law amends the definition in present law as follows:
(1) Addsvictimsofdomesticviolence,includingstrangulation,asrecipientsofforensic medical examinations.
(2) Provides for additional assessments within a forensic medical examination relative topatientinterviews,collectionandevaluationofevidence,testing,andmedication.
Proposed law (R.S.
40:1216.1(H)(8)) defines "domestic violence".
40:1216.1(H)(8) as enacted bythis Act." Page 3 of 3 CODING:
Present law (RS 40:1216.1) provides for procedures for survivors of a sexually oriented criminal offense.
Proposedlawamendspresentlawtoincludesurvivorsofdomestic,includingstrangulation.
Present law provides for the procedures that are included within the examination and treatment of sexual assault survivors.
Proposed law amends present law to provide for additional assessments within the examination and treatment relative to patient interviews, collection and evaluation of evidence, testing, and medication.
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HLS 26RS-1453 ENGROSSED HB NO.
998 Present law prohibits the direct billing of a survivor of a sexually oriented criminal offense for any healthcare services rendered in conductinga forensic medical examination.
Proposed law amends present law as follows:
(1) Addssurvivorsofdomesticviolence,includingstrangulation,asindividualswhoare exempt from direct billing.
(2) Provides what is considered medical treatment and what is exempt from forensic costs or billing.
(3) Provides for billing through the insurance provider of the patient, if applicable.
Present law (RS 46:1816) provides for the Crime Victims Reparations Fund.
Proposed law retains present law.
Present law requires the fund to be composed of monies from the collection of unclaimed prize money provided in present law (R.S.
4:176 and R.S.
27:94, 252, 394, and 610) exclusively used to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations.
Proposed law retains present law and adds expenses associated with the healthcare services of victims of domestic violence, including strangulation.
Present law (R.S.
46:1822) provides for forensic medical examinations and reimbursement for these examinations.
Proposed law retains present law and provides for services, procedures, testing, and medication that the reimbursement amounts encompass.
Proposed law provides for duties of the La.
State Law Institute relative to the proper placement of proposed law.
Proposed law provides for implementation no later than six months from the effective date of proposed law as follows:
(1) Establishment,bytheCrimeVictimsReparationsBoardwithintheLa.Commission onLawEnforcementandAdministrationofCriminalJustice,ofastatewidedomestic violence forensic protocol and implementation of procedures for processing the reimbursement of forensic medical examinations pursuant to present law (R.S.
46:1822).
(2) Coordination, by the La.
Dept.
of Justice, office of the attorney general, and other state agencies and stakeholders across La.
to develop and approve a standardized.
statewide forensic medical examination.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S.
15:622 (A)(intro.
para.), (2), and (3), the heading of Part III-A of Subchapter DofCh.5-DofTitle40oftheLa.Rev.Stat.of1950,R.S.40:1216.1(A)(intro.para.),(1)(b), and (2)(intro.
para.), (b), and (c)-(e), (5)(intro.
para.), (6), and (7), and (G)(1), R.S.
46:1816(B)(intro.
para.) and (8) and 1822(A);
Adds R.S.
15:622(A)(6) and R.S.
40:1216.1(A)(5)(c) and (H)(8)) Summary of Amendments Adopted by House Page 10 of 11 CODING:
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HLS 26RS-1453 ENGROSSED HB NO.
998 The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill:
1.
Remove the references to human trafficking-related offenses.
2.
Provide for an implementation time period of not later than six months from the effective date of proposed law for the followingto occur:
(a) The Crime Victims Reparations Board within the La.
Commission on Law Enforcement and Administration of Criminal Justice to establish a statewidedomesticviolenceforensicprotocolandimplementprocedures for processing the reimbursement of forensic medical examinations pursuant to present law (R.S.
46:1822).
(b) The La.
Dept.
of Justice, office of the attorney general, to work with other state agencies and stakeholders to develop and approve a standardized statewide forensic medical examination.
3.
Provide for an effective date upon signature of governor or lapse of time for gubernatorial action.
4.
Make technical changes.
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