Section 46:1845 - Sexual Assault Survivor Bill of RightsA.(1) The legislature hereby finds and declares the urgent need to establish a comprehensive sexual assault survivor bill of rights. A bill of rights is of paramount importance in addressing the alarming under-reporting of sexual assault cases and ensuring that survivors receive the support, protection, and justice they deserve.(2) The legislature further finds that transparency is a core principle that our justice system should uphold. By enacting a Sexual Assault Survivor Bill of Rights, barriers that prevent survivors from coming forward and seeking justice can be eliminated. Transparency allows survivors to share their experiences openly, without fear of judgment or retribution. Transparency empowers survivors to reclaim their narratives and break free from the chains of shame and secrecy. Access to records is essential for transparency and for survivors to navigate the often complex and overwhelming legal process. It is a matter of justice and fairness that survivors have the right to access their records, including medical reports, forensic evidence, and legal documentation. This access enables survivors to make informed decisions about their healthcare, legal options, and support services. Granting survivors access to records empowers them to actively participate in their healing and seek the justice they so rightfully deserve.(3) The recognition of rights for survivors is crucial in ensuring their well-being and recovery. The legislature finds that the experiences of survivors are valid, their voices matter, and they deserve to be treated with dignity, respect, and compassion.(4) Subsection C of this Section shall be known and may be cited as the Sexual Assault Survivor Bill of Rights.B.(1) The rights provided to sexual assault survivors contained in this Section attach regardless of whether a survivor seeks the assistance of law enforcement . A sexual assault survivor retains all the rights of these provisions regardless of whether the survivor receives a forensic medical examination or whether a sexual assault collection kit is administered.(2) Notwithstanding any other provision of law to the contrary, nothing in this Section shall be construed to negate or impair any provision of law relative to the mandatory reporting of crimes against children under the age of eighteen years or to negate or impair the investigation or prosecution of any crime against children under the age of eighteen.(3) Notwithstanding any other provision of law to the contrary, 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 any violation of the Sexual Assault Survivors' Bill of Rights.C. A sexual assault survivor shall have the following rights: (1) The right not to be prevented from, or charged for, receiving a forensic medical exam as provided in R.S. 40:1216.1.(2) The right to have an unreported sexual assault collection kit preserved, without charge, for at least twenty years.(3) The right to be informed of any results, updates, status, location, and tracking as provided in R.S. 15:624.1.(4) The right to be informed in writing of policies governing the collection and preservation of a sexual assault collection kit.(5) The right to be informed in writing from the appropriate official not later than sixty 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.(6) The right to be notified of the ability to request the presence of a sexual assault advocate before the administration of a forensic medical examination or a scheduled interview by a law enforcement official if a sexual assault advocate is reasonably available. (7) The right to have access to and obtain a copy of their forensic medical examination report at no cost to them pursuant to R.S. 40:1216.1(G).(8) The right not to be requested or required to submit to a polygraph examination as a condition of an investigation or prosecution as provided in R.S. 15:241.(9) 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.(10) The right to have privileged communications with a representative or employee of a sexual assault center as provided in R.S. 46:2187.(11) 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 as provided in R.S. 15:622.1.(12) The right to retain any other rights that a survivor may have under any other law of this state.D. Any complaint about a violation of this Section may be submitted directly to the Senate Select Committee on Women and Children for legislative oversight._______________________________________________
PRESIDENT OF THE SENATE
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SPEAKER OF THE HOUSE OF REPRESENTATIVES
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GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: ___________
Acts 2017, No. 337, §1; Acts 2022, No. 207, §§1, 2.Amended by Acts 2024, No. 669,s. 2, eff. 8/1/2024.Added by Acts 2017, No. 337,s. 1, eff. 8/1/2017.