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ENROLLED
ACT No. 652026 Regular Session
HOUSE BILL NO. 305
BY REPRESENTATIVE CARVER
1 AN ACT
2 To amend and reenact R.S. 14:81.1(F), relative to victims of child sexual abuse materials;
3 to provide for the duties of law enforcement; to provide for the sharing of
4 information between law enforcement and the National Center for Missing and
5 Exploited Children; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:81.1(F) is hereby amended and reenacted to read as follows:
8 §81.1. Child sexual abuse materials
9 * * *
10 F.(1)(2) Upon the filing of any information or indictment by the prosecuting
11 authority for a violation of this Section, the investigating law enforcement agency
12 which that seized the photographs, films, videotapes, or other visual reproductions
13 of child sexual abuse materials shall provide copies of those reproductions to the
14 Internet crimes against children division within the attorney general's office.
15 (3) Upon receipt of the reproductions as provided in Paragraph (2) of this
16 Subsection, the Internet crimes against children division shall do all of the following:
17 (a) Provide those visual reproductions to the law enforcement agency
18 representative assigned to the Child Victim Identification Program at the National
19 Center for Missing and Exploited Children.
20 (b) Request the Child Victim Identification Program to provide the law
21 enforcement agency contact information for any visual reproductions recovered
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1 which that contain an identified victim of child sexual abuse materials as defined in
2 this Section.
3 (c) Provide case information to the Child Victim Identification Program, as
4 requested by the National Center for Missing and Exploited Children guidelines, in
5 any case where the Internet crimes against children division within the attorney
6 general's office identifies a previously unidentified victim of child sexual abuse
7 materials submitted to the National Center for Missing and Exploited Children when
8 visual reproductions are recovered that contain child sexual abuse materials as
9 defined in this Section.
10 (d) In any case that involves the production of newly created child sexual
11 abuse materials, the investigating law enforcement agency shall provide the case
12 information and visual reproductions to the Child Victim Identification Program, as
13 requested by the National Center for Missing and Exploited Children guidelines.
14 (4) (2) The Internet crimes against children division investigating law
15 enforcement agency shall submit to the designated prosecutor the law enforcement
16 agency contact information provided by the Child Victim Identification Program at
17 the National Center for Missing and Exploited Children to the designated prosecutor,
18 for any visual reproductions involved in the case which that contain the depiction of
19 an identified victim of child sexual abuse materials as defined in this Section.
20 (5) (3) In all cases in which the prosecuting authority has filed an indictment
21 or information for a violation of this Section and the victim of child sexual abuse
22 materials has been identified and is a resident of this state, the prosecuting agency
23 investigating law enforcement agency shall submit all of the following information
24 to the attorney general for entry into the Louisiana Attorney General's Exploited
25 Children's Identification database maintained by that office Child Victim
26 Identification Program at the National Center for Missing and Exploited Children:
27 (a) The parish, district, and docket number or agency file number of the case.
28 (b) The name, race, sex, and date of birth of the defendant.
29 (c) The identity of the victim Biographical information associated with the
30 victim.
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1 (d) The contact information for the law enforcement agency which that
2 identified a victim of child sexual abuse materials, including contact information
3 maintained by the Child Victim Identification Program and provided to the Internet
4 crimes against children division in accordance with this Section.
5 (6) (4) No sentence, plea, conviction, or other final disposition shall be
6 invalidated due to failure to comply with the provisions of this Subsection, and no
7 person shall have a cause of action against the investigating law enforcement agency
8 or any prosecuting authority, or officer or agent thereof for failure to comply with
9 the provisions of this Subsection.
10 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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