CIVIL/LAW: Provides for the Restoring Biological Truth Act

ENROLLED
2026 Regular Session
HOUSE BILL NO. 578
BY REPRESENTATIVES MIKE JOHNSON, AMEDEE, BAYHAM, BUTLER,
CHENEVERT, CREWS, DEWITT, DICKERSON, EDMONSTON, EGAN,
FARNUM, FIRMENT, HORTON, OWEN, SAWYER, SCHAMERHORN,
SCHLEGEL, AND WILDER
1 AN ACT
2 To amend and reenact Civil Code Article 14, Code of Civil Procedure Article 5055, Code
3 of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992, 994, 997, 998, and
4 999.1, Children's Code Articles 106, 720(B)(1), 725, 1217.1(A)(4), and
5 1239.1(A)(4), R.S. 1:8, R.S. 3:1493(E) and 2074(E), R.S. 4:158.2(A)(2) and 193(B),
6 R.S. 9:2720(D), R.S. 11:3390 and 3662, R.S. 13:1856(1) and 1857(A)(8)(d)(ii) and
7 (iii), R.S. 14:107.2(A), R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and
8 (14)(a)(ii) and (d)(ii), 933(D)(4)(introductory paragraph) and (E)(1)(introductory
9 paragraph), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a), R.S.
10 17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 416.21(N)(3)(a) and
11 (b)(i)(aa) and(bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 3351(B)(2)(b)(ii),
12 3399.12(5)(i), 3911(B)(1)(i)(introductory paragraph) and (4)(a)(introductory
13 paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7), R.S. 22:1204(A)(10)(b),
14 1504(1), 1545(I)(1)(introductory paragraph) and (J), 1808.2(H), 2161(B),
15 2187(D)(4), and 2503(9)(b)(introductory paragraph), R.S. 23:2043(B)(1), R.S.
16 27:46(B), R.S. 32:398.10(A)(2) and 429.3, R.S. 33:130.302(A)(2), 130.882(A)(2),
17 363(D), 2740.70.3(B)(2), 4071(A)(6), and 4720.301(G)(2), R.S. 36:108(B)(5), R.S.
18 37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2),
19 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory paragraph),
20 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1),
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1 3554(A)(2), and 3703(B)(3), R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and
2 (m)(iv), and 2403(H)(1), R.S. 42:2.1(A) and 1132(B)(1)(a) through (c), R.S.
3 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 1941.8(A)(introductory
4 paragraph), R.S. 47:337.14(E)(2) and 1702(6), R.S. 48:2134(C)(introductory
5 paragraph), R.S. 49:1112(B)(1), R.S. 51:942(A) and 1762(A)(8)(a)(iii), R.S.
6 56:108(A) and 1705(C), relative to use of terms; to provide for the Restoring
7 Biological Truth Act; to change references from gender to sex; to provide with
8 respect to definitions; to provide for the use of gender and number; to provide for
9 boards, commissions, and councils; to provide for statistical data collection and
10 reporting; to provide for various technical revisions; and to provide for related
11 matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. Civil Code Article 14 is hereby amended and reenacted to read as follows:
14 Art. 14. Use of gender sex
15 Unless the context indicates otherwise, words used with reference to one
16 gender sex apply to the other genders sex.
17 Section 2. R.S. 1:8 is hereby amended and reenacted to read as follows:
18 §8. One gender sex may denote others the other; definition of sex
19 A. Words used in reference to one gender sex apply also to the other genders
20 sex, except as otherwise clearly indicated by the context.
21 B. "Sex" means an individual's biological sex, either male or female, as
22 observed or clinically certified at birth. "Gender identity" and other subjective terms
23 shall not be used as synonyms or substitutes for the term "sex".
24 Section 3. R.S. 3:1493(E) and 2074(E) are hereby amended and reenacted to read
25 as follows:
26 §1493. Louisiana Industrial Hemp Promotion and Research Advisory Board;
27 creation and organization
28 * * *
29 E. Appointments to the board shall be made no later than September 1, 2022.
30 Each appointing authority shall notify the commissioner of the appointment. The
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1 board should be representative of the state's population by race and gender sex to
2 ensure diversity.
3 * * *
4 §2074. Louisiana Equine Promotion and Research Advisory Board; creation and
5 organization
6 * * *
7 E. An organization authorized to make nominations for appointment to the
8 board shall submit its list of nominees within thirty days after the commissioner
9 requests the list. The commissioner shall make all appointments to the board no later
10 than thirty days after receiving the list of nominees. The board should be
11 representative of the state's population by race and gender sex to ensure diversity.
12 * * *
13 Section 4. R.S. 4:158.2(A)(2) and 193(B) are hereby amended and reenacted to read
14 as follows:
15 §158.2. Quarterly reporting of professional services information
16 A. Each association or licensee as defined in R.S. 4:143 shall submit to the
17 commission, the Senate Committee on Judiciary B, and the House Committee on
18 Commerce all of the following:
19 * * *
20 (2) A report on the demographic information of the association's or licensee's
21 workforce, including but not limited to race, gender sex, and Louisiana residency.
22 * * *
23 §193. Categories of persons subject to exclusion and ejection; civil liberties
24 * * *
25 B. No person may be excluded or ejected on account of race, color, creed,
26 national origin, ancestry, disability, as defined in R.S. 51:2232, or gender sex.
27 * * *
28 Section 5. R.S. 9:2720(D) is hereby amended and reenacted to read as follows:
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1 §2720. Enforceability of gestational carrier contract
2 * * *
3 D. No person shall enter into a gestational carrier contract that requires the
4 gestational carrier to consent to terminate a pregnancy resulting from in utero
5 embryo transfer for any reason, including a prenatal diagnosis of an actual or
6 potential disability, impairment, genetic variation, or any other health condition or
7 a discrimination based on gender sex, or for the purposes of the reduction of multiple
8 fetuses. Any such provision in a contract executed in the state of Louisiana or any
9 other state shall be absolutely null and unenforceable in the state of Louisiana as
10 contrary to public policy.
11 Section 6. R.S. 11:3390 and 3662 are hereby amended and reenacted to read as
12 follows:
13 §3390. Beneficiaries
14 For the purposes of this Part, whenever reference is made to gender sex, the
15 masculine shall include the feminine, the feminine shall include the masculine, and
16 in particular with reference to Sections 3363, 3378, 3379, 3385, and 3388 without
17 limiting the generality of the above, whenever reference is made to widows of
18 members of the fire department, it shall also apply to widowers of said members.
19 * * *
20 §3662. One gender sex may denote others the other
21 For the purposes of this Subpart, whenever reference is made to gender sex,
22 the masculine shall include the feminine, the feminine shall include the masculine,
23 and in particular with reference to Sections 3631, 3648, 3656, and 3660; without
24 limiting the generality of the above, whenever reference is made to widows of
25 members, it shall also apply to widowers of said members.
26 Section 7. R.S. 13:1856(1) and 1857(A)(8)(d)(ii) and (iii) are hereby amended and
27 reenacted to read as follows:
28 §1856. Contents of petition
29 A petition under this Part shall be verified and include a copy of any existing
30 child-custody determination, if available. The petition shall specify the risk factors
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1 for abduction, including the relevant factors described in R.S. 13:1857. Subject to
2 the provisions of R.S. 13:1821(E), if reasonably ascertainable, the petition shall
3 contain:
4 (1) The name, date of birth, and gender sex of the child.
5 * * *
6 §1857. Factors to determine risk of abduction
7 A. In determining whether there is a credible risk of abduction of a child, the
8 court shall consider all of the following factors and any evidence that the petitioner
9 or respondent:
10 * * *
11 (8) Is likely to take the child to a country that either:
12 * * *
13 (d) Has laws or practices that would either:
14 * * *
15 (ii) Restrict the petitioner from freely traveling to or exiting from the country
16 because of the petitioner's gender sex, nationality, marital status, or religion.
17 (iii) Restrict the child's ability legally to leave the country after the child
18 reaches the age of majority because of a child's gender sex, nationality, or religion.
19 * * *
20 Section 8. R.S. 14:107.2(A) is hereby amended and reenacted to read as follows:
21 §107.2. Hate crimes
22 A. It shall be unlawful for any person to select the victim of the following
23 offenses against person and property because of actual or perceived race, age, gender
24 sex, religion, color, creed, disability, sexual orientation, national origin, or ancestry
25 of that person or the owner or occupant of that property or because of actual or
26 perceived membership or service in, or employment with, an organization, or
27 because of actual or perceived employment as a law enforcement officer, firefighter,
28 or emergency medical services personnel: first or second degree murder;
29 manslaughter; battery; aggravated battery; second degree battery; aggravated assault
30 with a firearm; terrorizing; menacing; mingling harmful substances; simple or third
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1 degree rape, forcible or second degree rape, or aggravated or first degree rape; sexual
2 battery; second degree sexual battery; oral sexual battery; carnal knowledge of a
3 juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with
4 a physical or mental disability; simple, second degree, or aggravated kidnapping;
5 simple or aggravated arson; communicating of false information of planned arson;
6 simple or aggravated criminal damage to property; contamination of water supplies;
7 simple or aggravated burglary; criminal trespass; simple, first degree, or armed
8 robbery; purse snatching; extortion; theft; desecration of graves; institutional
9 vandalism; or assault by drive-by shooting.
10 * * *
11 Section 9. R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and (14)(a)(ii) and
12 (d)(ii), 933(D)(4)(introductory paragraph) and (E)(1)(introductory paragraph), 934(B)(4),
13 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a) are hereby amended and reenacted to read
14 as follows:
15 §827.3. Savings attributable to criminal justice reforms; data collection and
16 reporting requirements to the Joint Legislative Committee on the Budget
17 A.
18 * * *
19 (2) Each fiscal year, the annual savings shall be allocated as follows:
20 * * *
21 (c) Forty-five percent shall be allocated to the Louisiana Community and
22 Technical College System for targeted investments in educational and vocational
23 training aimed at recidivism reduction programming for adult and juvenile offenders.
24 Such funds shall be utilized in connection with any other available sources of federal
25 or state aid or training funds. The Louisiana Community and Technical College
26 System shall provide a report to the legislature by December fifteenth of each year
27 which shall include but not be limited to the following:
28 (i) A detailed description of the number of people trained categorized by age,
29 race, gender sex, and geographic region.
30 * * *
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1 §832. Work by inmates; allowance
2 A. The department shall provide employment opportunities and vocational
3 training for all inmates, regardless of gender sex, consistent with available resources,
4 physical custody, and appropriate classification criteria. Insofar as is possible, the
5 equipment used in such programs, the conditions of employment, the management
6 practices, and the general operating procedures thereof shall approximate those of
7 private industry. The provisions of Part IX of Chapter 2 of Title 51 of the Louisiana
8 Revised Statutes of 1950 with respect to prison-made goods shall be applicable to
9 goods made, manufactured, or produced by the inmates of all institutions and
10 facilities, under the jurisdiction of the department.
11 * * *
12 §905. Rules and regulations; education; training and discipline; work opportunities;
13 vocational training; contracts and agreements; solitary confinement
14 * * *
15 F.
16 * * *
17 (13) Every instance of solitary confinement shall be documented
18 electronically and in the aggregate. Unidentified data on the frequency and length
19 of time that the juvenile spends in solitary confinement shall be available upon
20 request as a public record. Documentation of the solitary confinement shall include
21 all of the following:
22 * * *
23 (b) The race, ethnicity, age, gender sex, and disability status of the juvenile.
24 * * *
25 (14)(a) The office of juvenile justice shall submit a report on the use of
26 solitary confinement quarterly to the Juvenile Justice Reform Act Commission. This
27 report shall include all of the following:
28 * * *
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1 (ii) The race, ethnicity, age, gender sex, and disability status of each juvenile
2 placed in solitary confinement.
3 * * *
4 (d) The office of juvenile justice shall post a report on the use of solitary
5 confinement on its website quarterly with deidentified aggregate data including but
6 not limited to all of the following:
7 * * *
8 (ii) Race and ethnicity, age, and gender sex of juveniles placed in solitary
9 confinement.
10 * * *
11 §933. Office of juvenile justice; statistical data collection; reporting
12 * * *
13 D. Data to be collected and maintained. The data collected and maintained
14 under this Section shall include but not be limited to the following data points for
15 each child served:
16 * * *
17 (4) Gender Sex.
18 * * *
19 E. Data to be reported. The reports mandated by the office of juvenile
20 justice shall include but not be limited to the following data:
21 (1) Disaggregated by race, ethnicity, gender sex, parish of prosecution, and
22 most serious offense of adjudication, data including:
23 * * *
24 §934. Detention centers
25 * * *
26 B. The data collected and maintained shall include but not be limited to the
27 following information for each child:
28 * * *
29 (4) Gender Sex.
30 * * *
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1 §1110. Purpose and reasons for detention; detention standards; licensing; fees
2 * * *
3 D.
4 * * *
5 (3) A copy of the completed detention screening instrument shall be
6 provided to the juvenile detention facility for any child who is admitted into its
7 custody. The juvenile detention facility shall keep a record of the results of the
8 detention screening instrument and the recommendation made based upon the
9 instrument to either detain the child, release the child with conditions, or release the
10 child without conditions. This record shall include the parish in which the child was
11 taken into custody, the most serious charge for which the child was taken into
12 custody, and demographic information about the child including but not limited to
13 race, ethnicity, gender sex, and age. This information shall be aggregated and
14 submitted quarterly to the Louisiana Commission on Law Enforcement and
15 Administration of Criminal Justice which shall annually provide such information
16 to the JDAI Collaborative.
17 * * *
18 §1204.2. Creation of system; functions; powers; duties
19 * * *
20 B. The system, by and through the commission, shall have the following
21 functions, powers, and duties:
22 * * *
23 (4) To prepare and distribute, to all such persons and agencies, forms to be
24 used in reporting data to the system. The forms shall provide for information
25 regarding crimes which are directed against individuals or groups, or their property,
26 by reason of their actual or perceived race, age, gender sex, religion, color, creed,
27 disability, sexual orientation, national origin, or ancestry or by reason of their actual
28 or perceived membership or service in, or employment with, an organization as
29 defined in R.S. 14:107.2. The forms shall also provide for other items of information
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1 needed by federal and state bureaus or departments engaged in the development of
2 national and state statistics.
3 * * *
4 §1228.9. Impaired Driver Tracking System; purpose; procedure
5 * * *
6 D.(1) Every law enforcement agency in this state, including but not limited
7 to city police departments, sheriffs' offices, and state police shall submit the
8 following information to the impaired driver tracking system component of ICJIS,
9 when a person is arrested for any offense listed in Subsection C of this Section:
10 (a) The law enforcement agency making the arrest shall provide sufficient
11 information about the arrested person so that other law enforcement agencies, courts,
12 the Department of Public Safety and Corrections, and other relevant persons or
13 agencies can identify the person arrested, including but not limited to name, address,
14 driver's license number, date of birth, and physical characteristics, such as eye color,
15 hair color, and gender sex.
16 * * *
17 Section 10. R.S. 17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M),
18 416.21(N)(3)(a) and (b)(i)(aa) and (bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a),
19 3351(B)(2)(b)(ii), 3399.12(5)(i), 3911(B)(1)(i)(introductory paragraph) and
20 (4)(a)(introductory paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7) are hereby
21 amended and reenacted to read as follows:
22 §17.5. Physical fitness assessment; statewide expansion program
23 * * *
24 B. For purposes of the expansion program, the Cecil J. Picard Center, in
25 collaboration with the Department of Education and the Louisiana Department of
26 Health, shall continue use of the physical fitness assessment instrument used for the
27 pilot program which shall:
28 * * *
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1 (2) Include criterion-referenced standards specific to a student's race, age,
2 and gender sex and based on the physical fitness level required for good health.
3 * * *
4 §100.13. Expanded academic support
5 * * *
6 G.
7 * * *
8 (2) In approving high-quality tutoring providers, the department shall require
9 the tutoring providers to:
10 * * *
11 (f) Provide evidence of impact on student outcomes disaggregated by student
12 groups according to race, gender sex, ethnicity, economically disadvantaged
13 students, English language learner status, disability status, and geographic location.
14 Tutoring providers may demonstrate impact through either adherence to the
15 program's model design by aligning with the components of high-dosage tutoring or
16 by having evidence of positive and statistically significant gains in student learning
17 outcomes based on a well-designed randomized controlled trial or
18 quasi-experimental design that provides the basis for evidence of causal program
19 impact and which is conducted by an external third-party researcher.
20 * * *
21 J. The department shall create reporting templates, procedures, and
22 definitions for reporting metrics for city, parish, and other local public school boards
23 to use in collecting and reporting tutoring-related data to the department including
24 changes in academic performance of participating students disaggregated by student
25 groups according to race, gender sex, ethnicity, economically disadvantaged
26 students, English language learner status, disability status, and geographic location.
27 To the extent possible, the department shall leverage existing reporting processes and
28 systems to reduce the reporting burden on local education agencies and public
29 charter schools.
30 * * *
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1 §221.3. Student enrollment notification; required schools and programs; content
2 * * *
3 B.
4 * * *
5 (2) Such notification shall:
6 * * *
7 (d) Be a written notification of enrollment which may be a written request
8 for a student's transcript if such transcript request occurs after the student has been
9 accepted for enrollment, with such written request or notification containing at a
10 minimum the student's legal name, date of birth, gender sex, and race.
11 * * *
12 §416. Discipline of students; suspension; expulsion
13 * * *
14 M. The state Department of Education shall publish annually and publish on
15 its website data regarding disciplinary removals disaggregated at the state, system,
16 and school level and also disaggregated and capable of cross-tabulation by the
17 characteristics of gender sex, race, disability, English language learner status, and
18 economically disadvantaged status. In reporting such data, the department shall
19 comply with all federal and state privacy laws and shall strive to ensure that all
20 relevant state accountability metrics are valid and reliable.
21 * * *
22 §416.21. Behavior of students with exceptionalities; use of seclusion and physical
23 restraint
24 * * *
25 N.
26 * * *
27 (3)(a) The state Department of Education shall maintain a database of all
28 reported incidents of seclusion and physical restraint of students with
29 exceptionalities and shall disaggregate the data for analysis by school; student age,
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1 race, ethnicity, and gender sex; student disability, where applicable; and any
2 involved school employees.
3 (b)(i) Based upon the data collected, the state Department of Education shall
4 annually compile a comprehensive report regarding the use of seclusion and physical
5 restraint of students with exceptionalities, which shall at a minimum include the
6 following:
7 (aa) The number of incidents of physical restraint disaggregated by school
8 system; student age, race, ethnicity, gender sex, and student disability classification.
9 (bb) The number of incidents of seclusion disaggregated by school system;
10 student age, race, ethnicity, gender sex, and student disability classification.
11 * * *
12 §1519.7. Hospital advisory committees
13 * * *
14 C. In selecting community advisory committee members, an effort shall be
15 made to reflect the demographic diversity of the community the hospital serves
16 including age, gender sex, race, and other relevant factors. The board shall solicit
17 and accept nominations from the community at large and from organizations
18 representing community interests, including without limitation health professionals,
19 religious and community leaders, consumer advocates, and consumers of hospital
20 services.
21 * * *
22 §1871. Board of Supervisors of Community and Technical Colleges; establishment;
23 members; qualifications and terms; vacancies; duties
24 A.
25 * * *
26 (3) The board should be representative of the state's population by race and
27 gender sex to ensure diversity.
28 * * *
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1 §1998. Advisory councils
2 The board, upon the recommendation of the directors of postsecondary
3 vocational-technical schools, shall appoint an advisory council on career education
4 for each school. The members of all such advisory councils in this state shall serve
5 without pay. Each such council shall be limited to fifteen members and be
6 representative of the state's population by race and gender sex to ensure diversity and
7 shall be representative equally of employee, employer, and educational and public
8 interests.
9 * * *
10 §3047.7. Reporting system; implementation; requirements; applicability;
11 participation by eligible institutions
12 * * *
13 B. The information reporting system shall include the following:
14 * * *
15 (2)(a) Demographic information of award recipients, including age, race,
16 gender sex, and household income.
17 * * *
18 §3351. General powers, duties, and functions of postsecondary education
19 management boards
20 * * *
21 B. In addition to the powers and duties vested by Subsection A of this
22 Section and any other applicable laws, each board, as soon as practicable, shall
23 adopt:
24 * * *
25 (2) Rules and regulations which may provide for:
26 * * *
27 (b)
28 * * *
29 (ii) Such rules and regulations may include the establishment, award, and
30 continuance of tuition waivers to any student for purposes of gender sex equity who
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1 participates in an intercollegiate athletic program and who is pursuing an
2 undergraduate degree provided that the student meets the academic standards and
3 complies with the rules and regulations of the college or university such student is
4 attending relative to requirements for attendance as a full-time student. The tuition
5 waivers may be offered at any campus under the jurisdiction of each management
6 board; however, no management board shall issue more than an aggregate of fifty
7 tuition waivers per campus during an academic year and not more than fifty percent
8 of such tuition waivers shall be issued to out-of-state residents.
9 * * *
10 §3399.12. Definitions
11 As used in this Part, the following terms have the following meanings unless
12 the context clearly indicates otherwise:
13 * * *
14 (5) "Power-based violence" means any form of interpersonal violence
15 intended to control or intimidate another person through the assertion of power over
16 the person and shall include the following:
17 * * *
18 (i) Unwelcome sexual or sex- or gender-based conduct that is objectively
19 offensive, has a discriminatory intent, and lacks a bona fide academic purpose.
20 * * *
21 §3911. Data collection system; establishment
22 * * *
23 B.(1)
24 * * *
25 (i) Student discipline information, in total and by unduplicated counts,
26 disaggregated by race, ethnicity, gender, sex, English learner status, and students
27 with exceptionalities, excluding gifted and talented, in accordance with data
28 collection conducted pursuant to 20 U.S.C. 3413(c)(1), including but not limited to
29 the following:
30 * * *
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1 (4)(a) The department shall annually collect the following data elements for
2 students with an exceptionality by each disability classification, including breakouts
3 of each speech or language impairment category and breakouts of each intellectual
4 disability category, not including students identified exclusively as gifted and
5 talented, for each city, parish, or other local public school board. The following data
6 elements shall be reported for each disability classification in total as well as by
7 unduplicated counts by race, gender, age, and sex:
8 * * *
9 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation;
10 board membership
11 A.(1)
12 * * *
13 (c)
14 * * *
15 (iv) Beginning with the 2019-2020 school year, the governing or
16 management board of each charter school, other than a Type 2 charter school,
17 located in a parish with a population of between three hundred twenty-five thousand
18 and three hundred seventy-five thousand persons, based on the most recent federal
19 decennial census, shall be representative of the community in which the charter
20 school is located by race and gender sex to ensure diversity, and no fewer than sixty
21 percent of its members shall reside in the parish in which the school is located.
22 * * *
23 B. Each proposed charter shall contain or make provision for the following:
24 * * *
25 (3) Admission requirements, if any, that are consistent with the school's role,
26 scope, and mission may be established pursuant to rules promulgated by the state
27 board. Such admission requirements shall be specific and shall include a system for
28 admission decisions which precludes exclusion of pupils based on race, religion,
29 gender sex, ethnicity, national origin, intelligence level as ascertained by an
30 intelligence quotient examination, identification as a student with an exceptionality
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1 as defined in R.S. 17:1942(B), or identification as a student who is economically
2 disadvantaged. Such admission requirements may include, however, specific
3 requirements related to a school's mission such as auditions for schools with a
4 performing arts mission or proficiency in a foreign language for schools with a
5 language immersion mission. Any school which was chartered prior to July 1, 2012,
6 and which incorporated achievement of a certain academic record as part of its
7 admission requirements may continue to use such admission requirements. No local
8 board shall assign any pupil to attend a charter school, except that a local board in
9 a district in which fifty percent or more of the public schools in the district are
10 charter schools and that uses a single application and enrollment process adopted by
11 the local board for public school enrollment may assign a pupil to a charter school
12 based on such enrollment process, the preferences of the pupil's parent or legal
13 guardian, the charter school's admission requirements, the charter contract, and the
14 local board's policies.
15 * * *
16 §5067. Program information reporting system; implementation; requirements;
17 applicability; participation by eligible institutions and others
18 * * *
19 B. The Taylor Opportunity Program for Students information reporting
20 system shall include but not be limited to the following:
21 * * *
22 (7) Demographic information of program award recipients, including but not
23 limited to race and gender sex.
24 * * *
25 Section 11. R.S. 22:1204(A)(10)(b), 1504(l), 1545(I)(1)(introductory paragraph) and
26 (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(introductory paragraph) are hereby
27 amended and reenacted to read as follows:
28 §1204. Board of directors
29 A. The board of directors shall be composed of the commissioner of
30 insurance or his designee, who shall serve as an ex officio, nonvoting member of the
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1 board, and twelve members to be selected from the groups and in the manner as
2 follows:
3 * * *
4 (10)
5 * * *
6 (b) The commissioner shall make all diligent efforts to make selections from
7 these three groups that will represent a racial, ethnic, and gender sex reflection of the
8 state for the board of directors.
9 * * *
10 §1504. Use of credit information
11 An insurer authorized to do business in Louisiana that uses credit information
12 to underwrite or rate risks shall not:
13 (1) Use an insurance score that is calculated using income, gender sex,
14 address, zip code, ethnic group, religion, marital status, or nationality of the
15 consumer as a factor.
16 * * *
17 §1545. Examination
18 * * *
19 I.(1) The commissioner of insurance shall prepare, publicly announce, and
20 publish a report that summarizes statistical information relating to life insurance
21 producer examinations administered during the preceding calendar year. Each report
22 shall include the following information for all examinees combined and separately
23 by gender sex, race or ethnicity, race or ethnicity within gender sex, education level,
24 and native language:
25 * * *
26 J. The commissioner of insurance may provide to a testing service provider
27 under contract with the Department of Insurance any demographic information
28 received by the department on applications relating to examinations taken to qualify
29 for an insurance producer license if the commissioner requires the provider to review
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1 and analyze examination results in conjunction with the education level, gender sex,
2 native language, race, or ethnicity of examinees.
3 * * *
4 §1808.2. Examination
5 * * *
6 H. The commissioner of insurance may provide to a testing service provider
7 under contract with the Department of Insurance any demographic information
8 received by the department on applications relating to examinations taken to qualify
9 for an insurance consultant license if the commissioner requires the provider to
10 review and analyze examination results in conjunction with the education level,
11 gender sex, native language, race, or ethnicity of examinees.
12 * * *
13 §2161. Powers of the commissioner; creation of advisory boards
14 * * *
15 B. The commissioner shall appoint the members of any advisory board
16 created pursuant to this Section. The commissioner shall ensure that his
17 appointments demonstrate race, gender sex, ethnic, and geographical diversity. The
18 commissioner shall promulgate rules and regulations in accordance with the
19 Administrative Procedure Act providing for the creation, governance, duties, and
20 termination of any advisory board created pursuant to this Section.
21 * * *
22 §2187. Actuarial reviews of proposed healthcare legislation
23 * * *
24 D. Contractors shall provide all of the following in the report of an actuarial
25 review performed pursuant to this Section:
26 * * *
27 (4) If available, information concerning who would benefit from any cost
28 changes and health benefits from the legislative proposal, as identified in Paragraphs
29 (C)(3) through (8) of this Section, and any disproportionate effects that the
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1 legislative proposal would have on state residents, which information, if available,
2 shall be disaggregated, at a minimum, by race, ethnicity, sex, gender sex, and age.
3 * * *
4 §2503. Definitions
5 As used in this Chapter, the following definitions apply:
6 * * *
7 (9) "Nonpublic information" means electronic information that is not
8 publicly available information and is any of the following:
9 * * *
10 (b) Any information or data, except age or gender sex, in any form or
11 medium created by or derived from a healthcare provider or a consumer, that can be
12 used to identify a particular consumer, and that relates to any of the following:
13 * * *
14 Section 12. R.S. 23:2043(B)(1) is hereby amended and reenacted to read as follows:
15 §2043. Members
16 * * *
17 B.(1) In making the appointments, the governor shall, as nearly as
18 practicable, appoint members in a manner that is representative of the population of
19 the regions of the state and shall consider factors including but not limited to race,
20 color, religion, gender sex, and national origin.
21 * * *
22 Section 13. R.S. 27:46(B) is hereby amended and reenacted to read as follows:
23 §46. Quarterly reporting of professional services and employment information
24 * * *
25 B. In addition to the report required by Subsection A of this Section, each
26 holder of a license as defined in R.S. 27:44 shall submit to the board, the Senate
27 Committee on Judiciary B, and the House Committee on the Administration of
28 Criminal Justice a report of the demographic information of their workforce,
29 including but not limited to race, gender sex, and Louisiana residency.
30 * * *
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1 Section 14. R.S. 32:398.10(A)(2) and 429.3 are hereby amended and reenacted to
2 read as follows:
3 §398.10. Collection and reporting of statistical information relating to traffic stops
4 A. All law enforcement officers defined as a peace officer in R.S. 40:2402
5 shall record and retain the following information:
6 * * *
7 (2) Characteristics of race, gender sex, age, and state of residence of such
8 persons, provided the identification of such characteristics shall be based on the
9 observation and perception of the law enforcement officer responsible for reporting
10 the stop and the information shall not be required to be provided by the person
11 stopped.
12 * * *
13 §429.3. Collection and reporting of statistical information relating to migration of
14 residents
15 The Department of Public Safety and Corrections, office of motor vehicles,
16 shall collect statistical information regarding the gender sex and age of residents
17 moving from parish to parish and residents moving into and out of Louisiana. The
18 office of motor vehicles shall provide a report of this information, sorted by age, by
19 gender sex, by parish, and by state, to the governor, the lieutenant governor, and the
20 secretaries of each state department annually on or before January first of each year.
21 * * *
22 Section 15. R.S. 33:130.302(A)(2), 130.882(A)(2), 363(D), 2740.70.3(B)(2),
23 4071(A)(6), and 4720.301(G)(2) are hereby amended and reenacted to read as follows:
24 §130.302. Board of commissioners; members; officers; employees
25 A.
26 * * *
27 (2) All commissioners shall be qualified voters and taxpayers within the
28 limits of the district during their term of office and shall reside in St. Landry Parish
29 or within an adjoining parish. In making appointments to the commission, the
30 appointing authorities shall make every effort within the law to provide for racial and
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1 gender sex diversity among commissioners and shall make reasonable efforts to
2 ensure that the racial proportion of the appointees reflects the same racial proportion
3 of St. Landry Parish.
4 * * *
5 §130.882. Board of commissioners; members; officers; employees
6 A.
7 * * *
8 (2) Each commissioner shall be a qualified voter and taxpayer within the
9 limits of the district during his term of office and shall reside in St. Martin Parish.
10 In making appointments to the commission, the appointing authorities shall make
11 every effort within the law to provide for racial and gender sex diversity among
12 commissioners and shall make reasonable efforts to ensure that the racial proportion
13 of the appointees reflects the same racial proportion of St. Martin Parish.
14 * * *
15 §363. Village of Palmetto in St. Landry Parish; authority to provide academic
16 scholarships
17 * * *
18 D. Such ordinance or resolution shall provide procedures and criteria for
19 application for and award of such scholarships. Each student to whom a scholarship
20 is awarded shall be a resident of the village of Palmetto in St. Landry Parish, shall
21 be accepted to attend or be enrolled as an undergraduate student in a Louisiana
22 institution of higher education, shall have a cumulative high school or college grade
23 point average of at least three points when calculated on a four-point basis, and shall
24 be adjudged needy by standards equivalent to or more stringent than those of
25 nationally recognized analyses such as those used by the College Scholarship Service
26 or the American College Testing Service. In the event that no student meets the
27 residency criterion, a scholarship may be awarded to a student whose parent or legal
28 guardian is a utility customer of the village in good standing. The village governing
29 authority may establish additional criteria and procedures as are necessary to
30 administer the scholarships. In the administration of the program, no student shall
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1 be discriminated against on the basis of race, color, gender sex, disability, as defined
2 in R.S. 51:2232, national origin, or creed.
3 * * *
4 §2740.70.3. Evangeline Economic Development Authority
5 * * *
6 B.
7 * * *
8 (2) The members of the board shall include representatives from the business
9 community, health care, legal and professional services, small business owners,
10 financial institutions, manufacturing or service companies, local and regional
11 educational systems or institutions, and parish and municipal government
12 organizations. The board shall be representative of the parish's population by age,
13 race, and gender sex to ensure diversity.
14 * * *
15 §4071. Creation and organization of sewerage and water board
16 A.
17 * * *
18 (6) The appointments to the board shall reflect the racial and gender sex
19 diversity of the population of the city of New Orleans to the extent practicable.
20 * * *
21 §4720.301. Shreveport Implementation and Redevelopment Authority
22 * * *
23 G.
24 * * *
25 (2) The board shall be representative of the city's population by race and
26 gender sex to ensure diversity.
27 * * *
28 Section 16. R.S. 36:108(B)(5) is hereby amended and reenacted to read as follows:
29 §108. Offices; purposes and functions
30 * * *
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1 B. The office of economic development shall perform the following
2 functions of the state:
3 * * *
4 (5) The office shall provide services to small and medium-sized businesses
5 in Louisiana, without regard to race or gender sex, and encourage and support the
6 startup of new small businesses and the growth and retention of existing Louisiana
7 firms.
8 * * *
9 Section 17. R.S. 37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A),
10 1172(A), 2102(A)(2), 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory
11 paragraph), 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A),
12 3463(B)(1), 3554(A)(2), and 3703(B)(3) are hereby amended and reenacted to read as
13 follows:
14 §832. Louisiana State Board of Embalmers and Funeral Directors; appointments;
15 terms of office
16 A.
17 * * *
18 (2) The board shall consist of nine members to be appointed by the governor,
19 subject to Senate confirmation, as further provided in Subsection B of this Section.
20 All members of the board shall serve at the pleasure of the governor for terms of four
21 years. The governor shall ensure that his appointments demonstrate race, gender sex,
22 ethnic, and geographical diversity.
23 * * *
24 §914. Louisiana State Board of Nursing; appointment of members; term of office;
25 vacancy; officers; compensation
26 * * *
27 B.
28 * * *
29 (3) The governor shall ensure that his appointments demonstrate race, gender
30 sex, ethnic, and geographical diversity.
31 * * *
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1 §962. Louisiana State Board of Practical Nurse Examiners; method of appointment
2 * * *
3 C. The appointment of members of the board shall be made from a list,
4 containing twice the number of eligibles to be appointed, submitted to the governor
5 by the Louisiana State Medical Society where the appointee shall be a licensed
6 physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of
7 the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of
8 the practical nurses, by the Louisiana Nursing Home Association, for one practical
9 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the
10 Louisiana State Nurses Association where the appointee shall be a registered nurse.
11 The consumer member may apply directly to the office of the governor. The
12 governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and
13 geographical diversity.
14 * * *
15 §1042. Louisiana State Board of Optometry Examiners; appointment; terms of
16 members; protected action and communication
17 * * *
18 B.(1)
19 * * *
20 (b) One licensed optometrist member of the board shall be appointed by the
21 governor from each of the five board districts in accordance with this Subsection.
22 The governor shall ensure that his appointments demonstrate race, gender sex,
23 ethnic, and geographical diversity.
24 * * *
25 §1104. Louisiana Licensed Professional Counselors Board of Examiners
26 A. There is hereby created in the Louisiana Department of Health the
27 Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred
28 to as the "board", consisting of eleven members who shall be residents of the state
29 of Louisiana. Each term shall be for four years. Seven appointments to the board,
30 including one consumer from the public at large, shall be made by the governor from
31 a list of qualified candidates submitted by the executive board of the Louisiana
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1 Counseling Association. The consumer member may also apply directly to the office
2 of the governor. Four appointments to the board shall be made by the governor from
3 a list of qualified candidates submitted by the executive board of the Louisiana
4 Association for Marriage and Family Therapy. Each appointment by the governor
5 shall be submitted to the Senate for confirmation. The governor shall ensure that his
6 appointments demonstrate race, gender sex, ethnic, and geographical diversity.
7 * * *
8 §1172. Membership
9 A. The board shall consist of seventeen members appointed by the governor,
10 including two licensed pharmacists from each of the pharmacy districts as provided
11 in R.S. 37:1173 and one representative of the consumers of Louisiana from the state
12 at-large who possess the qualifications specified in R.S. 37:1174. The governor shall
13 ensure that his appointments demonstrate race, gender sex, ethnic, and geographical
14 diversity.
15 * * *
16 §2102. Board of Examiners; creation; domicile; membership; terms of office
17 A.
18 * * *
19 (2) The governor shall ensure that his appointments demonstrate race, gender
20 sex, ethnic, and geographical diversity.
21 * * *
22 §2353. State board of examiners; organization; duties; meetings; fees
23 A.
24 * * *
25 (2) The governor shall appoint members for terms of five years. Each
26 appointment by the governor shall be subject to Senate confirmation. A board
27 member shall not be eligible to succeed himself. All psychologist appointments shall
28 be from a list provided by the Louisiana Psychological Association. The list shall
29 report the results of an election in which persons qualified for board membership
30 may nominate themselves and in which licensed members of the Louisiana
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1 Psychological Association and other persons licensed in accordance with the
2 provisions of this Chapter are entitled to one vote for each vacancy on the board.
3 The consumer member may apply directly to the office of the governor. The
4 governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and
5 geographical diversity.
6 * * *
7 §2403. Physical therapy board; composition
8 * * *
9 H. The governor shall ensure that his appointments demonstrate race, gender
10 sex, ethnic, and geographical diversity.
11 * * *
12 §2407. Practice of physical therapy defined
13 * * *
14 D. Words used in one gender sex apply also to the other, except as otherwise
15 clearly indicated by the context.
16 * * *
17 §2455. Louisiana Board for Hearing Aid Dealers; composition; districts
18 * * *
19 B.(1) The board shall be composed of nine members. Seven members shall
20 be hearing aid dealers, the eighth member shall be the state health officer or his
21 representative, and the ninth member shall be fifty years of age or over and shall
22 serve as a representative of the hearing aid consumers of Louisiana. The seven
23 hearing aid dealers shall be appointed in the following manner. The Louisiana
24 Society of Hearing Aid Specialists, chartered by the state, shall submit to the
25 governor names of not less than fourteen qualified hearing aid dealers, who shall be
26 actively engaged in the selling and fitting of hearing aids. The governor shall ensure
27 that his appointments demonstrate race, gender sex, ethnic, and geographical
28 diversity.
29 * * *
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1 §2704. Board of Social Work Examiners
2 A. There is hereby created a Louisiana State Board of Social Work
3 Examiners within the Louisiana Department of Health. The board shall be subject
4 to the provisions of R.S. 36:803. It shall consist of seven members to include six
5 social workers and one consumer member. The members shall be appointed by the
6 governor, subject to Senate confirmation. All appointees shall be selected from one
7 list compiled by all statewide social work membership organizations that have
8 written bylaws and meet all state and federal laws, and the Louisiana Chapter of the
9 National Association of Social Workers shall be responsible for the coordination of
10 this process. The consumer member may apply directly to the office of the governor.
11 The governor shall ensure that his appointments demonstrate race, gender sex,
12 ethnic, and geographical diversity. All appointees shall serve no more than two
13 consecutive full terms. The completion of an unexpired portion of a full term shall
14 not constitute a full term for purposes of this Section. The board shall consist of the
15 following members:
16 * * *
17 §3061. Board of Electrolysis Examiners
18 A.
19 * * *
20 (2)
21 * * *
22 (c) Each appointment by the governor shall be submitted to the Senate for
23 confirmation. The governor shall ensure that his appointments demonstrate race,
24 gender sex, ethnic, and geographical diversity.
25 * * *
26 §3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership,
27 terms, and vacancies; officers; meetings; quorum; compensation
28 * * *
29 B.
30 * * *
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1 (2) The governor shall ensure that his appointments demonstrate race, gender
2 sex, ethnic, and geographical diversity.
3 * * *
4 §3201. Radiologic Technology Board of Examiners; method of appointment;
5 qualifications of members
6 * * *
7 B.
8 * * *
9 (2) Each appointment by the governor shall be submitted to the Senate for
10 confirmation. The governor shall ensure that his appointments demonstrate race,
11 gender sex, ethnic, and geographical diversity.
12 * * *
13 §3386.2. Addictive Disorder Regulatory Authority
14 * * *
15 C. The governor shall ensure that his appointments demonstrate race, gender
16 sex, ethnic, and geographical diversity. Members of the board shall serve three-year
17 terms. Members appointed to fill vacancies caused by death, resignation, or removal
18 shall serve the unexpired terms of their predecessors.
19 * * *
20 §3389. Transition; Addictive Disorder Regulatory Authority
21 * * *
22 C. The governor shall ensure that his appointments demonstrate race, gender
23 sex, ethnic, and geographical diversity. Members of the board shall serve three-year
24 terms. Members appointed to fill vacancies caused by death, resignation, or removal
25 shall serve the unexpired terms of their predecessors.
26 * * *
27 §3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors
28 Board of Examiners
29 A. There is hereby created in the Louisiana Department of Health the
30 Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of
31 Examiners, referred to hereafter in this Chapter as the "board", consisting of five
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1 members who shall be residents of the state of Louisiana. The members shall be
2 appointed by the governor from a list of qualified candidates supplied by the
3 International Association of Rehabilitation Professionals-Louisiana, as specified in
4 this Section. The consumer member may apply directly to the office of the governor.
5 Each term shall be for four years. Each appointment by the governor shall be
6 submitted to the Senate for confirmation. The governor shall ensure that his
7 appointments demonstrate race, gender sex, ethnic, and geographical diversity.
8 * * *
9 §3463. Board; appointments; terms; removal; compensation; officers
10 * * *
11 B.(1) The governor shall appoint, subject to Senate confirmation, members
12 to the board from a list containing the names of five persons, submitted by the
13 Louisiana Association of Wholesale Drug Distributors and from a list containing the
14 names of two persons, submitted by the Pharmaceutical Research and Manufacturers
15 of America. The consumer member may apply directly to the office of the governor.
16 In the event of the death or resignation of any member of the board, the governor
17 shall appoint his successor in the manner of the original appointment for the
18 remainder of the unexpired term. The governor shall ensure that his appointments
19 demonstrate race, gender sex, ethnic, and geographical diversity.
20 * * *
21 §3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,
22 terms, vacancies, officers, meetings, reimbursement, liability
23 A.
24 * * *
25 (2) The governor shall ensure that his appointments demonstrate race, gender
26 sex, ethnic, and geographical diversity.
27 * * *
28 §3703. Louisiana Behavior Analyst Board
29 * * *
30 B.
31 * * *
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1 (3) The governor shall ensure that his appointments demonstrate race, gender
2 sex, ethnic, and geographical diversity. A vacancy in an unexpired term shall be
3 filled in the manner of the original appointment for the remainder of the unexpired
4 term.
5 * * *
6 Section 18. R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and (m)(iv), and
7 2403(H)(1) are hereby amended and reenacted to read as follows:
8 §31.61. Legislative intent
9 The Legislature of Louisiana wishes to further efforts by the Parkinson's
10 community to find a cure for this devastating disease by helping to determine how
11 many people in the state suffer from Parkinson's and by gathering vital information
12 from these individuals, such as general age, ethnicity, gender sex, as well as possible
13 environmental factors that may have played a part in the development of the disease.
14 Thus, it is the intent of the legislature to establish a system to collect and assess
15 information and data regarding the incidence of Parkinson's disease in the state.
16 * * *
17 §101. Commemorative certificate of miscarried child; requirements
18 * * *
19 D.(1) The commemorative certificate shall contain the name of the fetus and
20 the gender sex, if known. If the name is not furnished by the patient, the vital
21 records registry may complete the commemorative certificate with the name "Baby
22 Boy" or "Baby Girl" and the last name of the patient. If the gender sex of the fetus
23 is unknown, the department shall fill in the commemorative certificate with the name
24 "Baby" and the last name of the patient.
25 * * *
26 §600.151. Louisiana Interagency Council on Homelessness
27 * * *
28 D.(1) The membership of the council shall be reflective of all geographic
29 regions of the state and shall be comprised of the following members:
30 * * *
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1 (l)
2 * * *
3 (ii) Each person appointed pursuant to this Subparagraph shall have at least
4 five years of academic or professional expertise in housing or services for people
5 experiencing homelessness with a focus in one or more of the following areas:
6 * * *
7 (hh) Homelessness as it relates to actual or perceived sexual orientation,
8 gender sex identity, or marital status.
9 * * *
10 (m) The executive director of the Louisiana Housing Corporation shall
11 appoint at least two members with lived experience of homelessness. The members
12 shall be appointed from a list of nominations submitted jointly by the governing
13 boards of the continuums of care located in Louisiana. Each member appointed
14 pursuant to this Subparagraph shall represent as many of the following
15 subpopulations as possible:
16 * * *
17 (iv) People with differing actual or perceived sexual orientation, gender sex
18 identity, or marital status.
19 * * *
20 §2403. Council on Peace Officer Standards and Training
21 * * *
22 H.(1) The council may establish and implement curricula and publish
23 training materials to train peace officers to identify, respond to, and report all crimes
24 which are directed against individuals or groups, or their property, by reason of their
25 actual or perceived race, age, gender sex, religion, color, creed, disability, sexual
26 orientation, national origin, or ancestry.
27 * * *
28 Section 19. R.S. 42:2.1(A) and 1132(B)(1)(a) through (c) are hereby amended and
29 reenacted to read as follows:
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1 §2.1. Boards, commissions, councils, authorities, entities; composition
2 A. In making appointments to any board, commission, council, authority, or
3 other similar entity that has statewide jurisdiction and is established by law, rule,
4 executive order, or otherwise, the appointing authority shall give due consideration
5 to the demographics of the population of the state, including but not limited to
6 geography, gender sex, and race.
7 * * *
8 §1132. Board of Ethics
9 * * *
10 B. Membership; terms; vacancies; qualifications.
11 (1) The Board of Ethics shall consist of fifteen members to be selected as
12 follows:
13 (a) The governor shall appoint nine members, who shall be representative
14 of the state's population as near as practicable and who shall be subject to Senate
15 confirmation. At least one member shall be appointed from each congressional
16 district, and the governor shall give due consideration to the demographics of the
17 population of the state, including without limitation geography, gender sex, and race.
18 Of those nine, the governor shall appoint at least five members, each of whom shall
19 have been licensed to practice law in this state for at least eight years at the time of
20 his appointment.
21 (b) Three members shall be elected by the House of Representatives, who
22 shall give due consideration to the demographics of the population of the state,
23 including without limitation geography, gender sex, and race.
24 (c) Three members shall be elected by the Senate, who shall give due
25 consideration to the demographics of the population of the state, including without
26 limitation geography, gender sex, and race.
27 * * *
28 Section 20. R.S. 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and
29 1941.8(A)(introductory paragraph) are hereby amended and reenacted to read as follows:
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1 §153.3. Medical vendor reimbursements; allowable restrictions; peer-based
2 prescribing and dispensing practice patterns; Medicaid Pharmaceutical and
3 Therapeutics Committee
4 * * *
5 D.(1) The Medicaid Pharmaceutical and Therapeutics Committee,
6 hereinafter referred to as "the committee", is hereby created within the Louisiana
7 Department of Health. The committee shall be composed of fifteen members
8 appointed by the governor and submitted to the Senate for confirmation. The
9 governor shall ensure that appointments achieve race, gender sex, and geographic
10 diversity.
11 * * *
12 §288.5. Written court report; filing
13 Within one hundred fifty days after the extended foster care voluntary
14 placement agreement is signed, the department shall file with the court a written
15 report that shall contain all of the following:
16 (1) The youth's name, date of birth, race, gender sex, and current address.
17 * * *
18 §460.37. Council on Medicaid Pharmacy Reimbursement; creation; composition,
19 purpose, and duties of the council
20 * * *
21 B.
22 * * *
23 (10) Two licensed pharmacists appointed by the Louisiana Board of
24 Pharmacy who are not currently serving on the board. The board shall strive to
25 ensure its appointments demonstrate race, gender sex, ethnic, and geographical
26 diversity.
27 * * *
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1 §1095. Board of commissioners; membership; appointment; terms; compensation;
2 removal
3 A. The two areas of the district shall be governed by separate governing
4 boards. Each area of the district shall be governed by a board of thirteen
5 commissioners, referred to in this Part as the "commission", who shall be qualified
6 voters and residents of Orleans Parish and who shall reflect the ethnic, cultural, and
7 gender sex diversity of the parish.
8 * * *
9 §1941.8. Children and youth services advisory boards; members; duties
10 A. Each planning board shall consist of a minimum of eleven, but not more
11 than twenty-five members. Special care should be given in the appointments to
12 ensure that the board is representative of the community in terms of gender sex, age,
13 ethnicity, and geography, as well as knowledge and expertise. Those appointed shall
14 include the following, if available and willing to serve, but need not be limited to:
15 * * *
16 Section 20. R.S. 47:337.14(E)(2) and 1702(6) are hereby amended and reenacted
17 to read as follows:
18 §337.14. Central collection commission
19 * * *
20 E.
21 * * *
22 (2) The central collection commission of the parish of St. Landry shall be
23 representative of the parish's population by race and gender sex to ensure diversity.
24 * * *
25 §1702. Definitions
26 As used in this Subtitle, the following terms have the meaning ascribed to
27 them in this Section, unless the context clearly indicates otherwise:
28 * * *
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1 (6) "Person" or "persons", "taxpayer" or "taxpayers" includes firms,
2 companies, associations and corporations; all words importing the masculine gender
3 sex apply to females also, and all words in the plural number apply to single
4 individuals in all cases in which the spirit and intent of this Chapter require it.
5 * * *
6 Section 22. R.S. 48:2134(C)(introductory paragraph) is hereby amended and
7 reenacted to read as follows:
8 §2134. Ouachita Expressway Authority; creation; board of commissioners;
9 meetings; quorum
10 * * *
11 C. The governing body of the authority shall be a board of commissioners
12 which is hereby created. The board shall have full power to promulgate rules and
13 regulations for the maintenance and operation of the authority. The Ouachita
14 Expressway Authority membership shall be representative as near as practicable by
15 race and gender sex of the Ouachita parish population as of the most recent federal
16 decennial census. The board shall be composed of fifteen commissioners as follows:
17 * * *
18 Section 23. R.S. 49:1112(B)(1) is hereby amended and reenacted to read as follows:
19 §1112. Commission established; purposes; membership; officers
20 * * *
21 B.(1) The commission shall consist of no fewer than fifteen and no more
22 than twenty-five voting members. Not more than fifty percent of the commission
23 membership plus one shall be from the same political party. To the maximum extent
24 practicable, it shall be balanced according to race, ethnicity, age, disability, and
25 gender sex characteristics.
26 * * *
27 Section 24. R.S. 51:942(A) and 1762(A)(8)(a)(iii) are hereby amended and reenacted
28 to read as follows:
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1 §942. Small and emerging businesses
2 A. The department shall provide for the increased opportunity for small and
3 emerging businesses to become competitive in a modern economy without regard to
4 race or gender sex. This purpose shall be accomplished by providing a program of
5 assistance and promotion. The following provisions of this Section shall be applied
6 and interpreted to promote this purpose.
7 * * *
8 §1762. Prohibitions; data collection; targeted advertising
9 A. As used in this Chapter, the following terms have the following
10 meanings:
11 * * *
12 (8) "Sensitive personal data" means data collected directly from an account
13 holder online that provides any of the following:
14 (a) Information that reveals any of the following about the account holder:
15 * * *
16 (iii) Gender. Sex.
17 * * *
18 Section 25. R.S. 56:108(A) and 1705(C) are hereby amended and reenacted to read
19 as follows:
20 §108. Deer and turkey harvest records and tagging
21 A. The Wildlife and Fisheries Commission may promulgate and adopt rules
22 and regulations in accordance with the Administrative Procedure Act in relation to
23 deer or turkey harvest records and tagging. Such rules and regulations may include
24 the following: tagging requirements, gender sex, age, antler requirements, take,
25 possession, limit, and reporting requirements.
26 * * *
27 §1705. Poverty Point Reservoir Development Dedicated Fund Account
28 * * *
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1 C. The Poverty Point Reservoir Development District Board membership
2 shall be representative of the population of the state based on race and gender sex as
3 near as practicable.
4 Section 26. Code of Civil Procedure Article 5055 is hereby amended and reenacted
5 to read as follows:
6 Art. 5055. Number; gender sex
7 Unless the context clearly indicates otherwise:
8 (1) Words used in the singular number apply also to the plural; words used
9 in the plural number include the singular; and .
10 (2) Words used in one gender sex apply also to the others other sex.
11 Section 27. Code of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992,
12 994, 997, 998, and 999.1 are hereby amended and reenacted to read as follows:
13 Art. 4. Number; gender sex
14 Unless the context clearly indicates otherwise:
15 (1) Words used in the singular number apply also to the plural; words used
16 in the plural number include the singular; and .
17 (2) Words used in one gender sex apply also to the other.
18 * * *
19 Art. 795. Time for challenges; method; peremptory challenges based on race or
20 gender sex; restrictions
21 * * *
22 C. No peremptory challenge made by the state or the defendant shall be
23 motivated in substantial part on the basis of the race or gender sex of the juror. If
24 an objection is made that a challenge was motivated in substantial part on the basis
25 of race or gender sex, and a prima facie case supporting that objection is made by the
26 objecting party, the court shall demand a satisfactory race or gender sex neutral
27 reason for the exercise of the challenge. Such demand and disclosure shall be made
28 outside of the hearing of any juror or prospective juror. The court shall then
29 determine whether the challenge was motivated in substantial part on the basis of
30 race or gender sex.
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1 D. The court shall allow to stand each peremptory challenge exercised for
2 a race or gender sex neutral reason either apparent from the examination or disclosed
3 by counsel when required by the court. The provisions of Paragraph C of this Article
4 and this Paragraph shall not apply when both the state and the defense have exercised
5 a challenge against the same juror.
6 E. The court shall allow to stand each peremptory challenge for which a
7 satisfactory racially neutral or gender sex neutral reason is given. Those jurors who
8 have been peremptorily challenged and for whom no satisfactory racially neutral or
9 gender sex neutral reason is apparent or given may be ordered returned to the panel,
10 or the court may take such other corrective action as it deems appropriate under the
11 circumstances. The court shall make specific findings regarding each such
12 challenge.
13 * * *
14 Art. 989. Motion for expungement forms to be used
15 STATE OF LOUISIANA
16 JUDICIAL DISTRICT FOR THE PARISH OF
17 ______________________________
18 No.: _____________ Division: "_______"
19 State of Louisiana
20 vs.
21 _______________________________________________________
22 MOTION FOR EXPUNGEMENT
23 NOW INTO COURT comes mover, who provides the court with the
24 following information in connection with this request:
25 I. DEFENDANT INFORMATION
26 NAME: ___________________________________________________________
27 (Last, First, MI)
28 DOB: ________/______/_______ (MM/DD/YYYY)
29 GENDER SEX _____ Female _____Male
30 SSN (last 4 digits): XXX-XX-________
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1 RACE: _________________
2 DRIVER LIC.# _________________
3 ARRESTING AGENCY: __________________________________________
4 SID# (if available): _________________
5 ARREST NUMBER (ATN): _________________
6 AGENCY ITEM NO. _________________
7 Mover is entitled to expunge the record of his arrest/conviction pursuant to
8 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
9 in support:
10 II. ARREST INFORMATION
11 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
12 2. _____ YES _____ NO A supplemental sheet with arrests and/or
13 convictions is attached after page 2 of this
14 Motion.
15 3. Mover was:
16 _____ YES _____ NO Arrested, but it did not result in conviction
17 _____ YES _____ NO Convicted of and seeks to expunge a
18 misdemeanor
19 _____ YES _____ NO Convicted of and seeks to expunge a felony
20 _____ YES _____ NO Convicted but determined to be factually
21 innocent and entitled to compensation for a
22 wrongful conviction pursuant to the
23 provisions of R.S. 15:572.8.
24 4. Mover was booked and/or charged with the following offenses: (List each
25 offense booked and charged separately. Attach a supplemental sheet, if
26 necessary.)
27 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION
28 NO. 1 La. Rev. Stat. Ann. § _______ : ________
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1 Name of the offense __________________
2 ( ) Time expired for prosecution __________________
3 (MM/DD/YYYY)
4 ( ) Not prosecuted for any offense
5 arising out of this charge.
6 ( ) Pre-trial Diversion Program.
7 ( ) DWI Pre-Trial Diversion Program
8 and 5 years have elapsed since the
9 date of arrest.
10 ( ) Charge dismissed
11 ( ) Found not guilty/judgment of acquittal
12 NO. 2 La. Rev. Stat. Ann. § _______ : ________
13 Name of the offense __________________
14 ( ) Time expired for prosecution __________________
15 (MM/DD/YYYY)
16 ( ) Not prosecuted for any
17 offense arising out of this charge.
18 ( ) Pre-trial Diversion Program.
19 ( ) Charge dismissed
20 ( ) Found not guilty/judgment of acquittal
21 NO. 3 La. Rev. Stat. Ann. § _______ : ________
22 Name of the offense __________________
23 ( ) Time expired for prosecution __________________
24 (MM/DD/YYYY)
25 ( ) Not prosecuted for any offense
26 arising out of this charge.
27 ( ) Pre-trial Diversion Program.
28 ( ) Charge dismissed
29 ( ) Found not guilty/judgment of acquittal
30 ____ Yes ____ No MISDEMEANOR CONVICTIONS
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1 NO. 1 La. Rev. Stat. Ann. § _______ : ________
2 Name of the offense _________________
3 ( ) Conviction set aside/dismissed _____/____/_______
4 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
5 ( ) More than 5 years have passed
6 since completion of sentence.
7 NO. 2 La. Rev. Stat. Ann. § _______ : ________
8 Name of the offense _________________
9 ( ) Conviction set aside/dismissed _____/____/_______
10 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY)
11 ( ) More than 5 years have passed
12 since completion of sentence.
13 ____ Yes ____ No FELONY CONVICTIONS
14 NO. 1 La. Rev. Stat. Ann. § _______ : ________
15 ( ) Conviction set aside/dismissed _____/____/_______
16 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY)
17 ( ) More than 10 years have passed
18 since completion of sentence
19 ( ) Received a first offender pardon for an eligible offense
20 NO. 2 La. Rev. Stat. Ann. § _______ : ________
21 ( ) Conviction set aside/dismissed _____/____/_______
22 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY)
23 ( ) More than 10 years have passed
24 since completion of sentence
25 ( ) Received a first offender pardon for an eligible offense
26 ____ Yes ____ No OPERATING A MOTOR VEHICLE WHILE
27 INTOXICATED CONVICTIONS
28 Mover has attached the following:
29 ( ) A copy of the proof from the Department of Public Safety and
30 Corrections, office of motor vehicles, that it has received from the
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1 clerk of court a certified copy of the record of the plea, fingerprints
2 of the defendant, and proof of the requirements set forth in C.Cr.P.
3 Art. 556, which shall include the defendant's date of birth, last four
4 digits of social security number, and driver's license number
5 5. Mover has attached to this Motion the following pertinent documents:
6 G Criminal Background Check from the La. State Police/Parish Sheriff
7 dated within the past 60 days (required).
8 G Bill(s) of Information (if any).
9 G Minute entry showing final disposition of case (if any).
10 G Certification Letter from the District Attorney for fee waiver (if
11 eligible).
12 G Certification Letter from the District Attorney verifying that the
13 applicant has no convictions or pending applicable criminal charges
14 in the requisite time periods.
15 G Certification Letter from the District Attorney verifying that the
16 charges were refused.
17 G Certification Letter from the District Attorney verifying that the
18 applicant did not participate in a pretrial diversion program.
19 G A copy of a first offender pardon.
20 G A copy of the order waiving the sex offender registration and
21 notification requirements.
22 G A copy of the court order determination of factual innocence and
23 order of compensation for a wrongful conviction pursuant to the
24 provisions of R.S. 15:572.8 if applicable.
25 The Mover prays that if there is no objection timely filed by the arresting law
26 enforcement agency, the district attorney's office, or the Louisiana Bureau of
27 Criminal Identification and Information, that an order be issued herein ordering the
28 expungement of the record of arrest and/or conviction set forth above, including all
29 photographs, fingerprints, disposition, or any other such information, which record
30 shall be confidential and no longer considered a public record, nor be made available
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1 to other persons, except a prosecutor, member of a law enforcement agency, or a
2 judge who may request such information in writing, certifying that such request is
3 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
4 purpose of any other statutorily defined law enforcement or administrative duties,
5 or for the purpose of the requirements of sex offender registration and notification
6 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
7 other person for good cause shown, or as otherwise authorized by law.
8 If an "Affidavit of No Opposition" by each agency named herein is attached
9 hereto and made a part hereof, Defendant requests that no contradictory hearing be
10 required and the Motion be granted ex parte.
11 Respectfully submitted,
12 ____________________________________
13 Signature of Attorney for Mover/Defendant
14 ____________________________________
15 Attorney for Mover/Defendant Name
16 ____________________________________
17 Attorney's Bar Roll No.
18 ____________________________________
19 Address
20
21 ____________________________________
22 City, State, ZIP Code
23 ____________________________________
24 Telephone Number
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1 If not represented by counsel:
2 ____________________________________
3 Signature of Mover/Defendant
4 ____________________________________
5 Mover/Defendant Name
6 ____________________________________
7 Address
8
9 ____________________________________
10 City, State, ZIP Code
11 ____________________________________
12 Telephone Number
13 * * *
14 Art. 992. Order of expungement form to be used
15 STATE OF LOUISIANA
16 JUDICIAL DISTRICT FOR THE PARISH OF
17 ______________________________
18 No.: ____________ Division: "_______"
19 State of Louisiana
20 vs.
21 _______________________________________________________
22 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
23 Considering the Motion for Expungement
24 G The hearing conducted and evidence adduced herein, OR
25 G Affidavits of No Opposition filed,
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1 IT IS ORDERED, ADJUDGED AND DECREED
2 G THE MOTION IS DENIED for No(s). __________ for the following
3 reasons (check all that apply):
4 G More than five years have not elapsed since Mover completed the
5 misdemeanor conviction sentence.
6 G More than ten years have not elapsed since Mover completed the felony
7 conviction sentence.
8 G Mover was convicted of one of the following ineligible felony
9 offenses:
10 G A violation of the Uniform Controlled Dangerous Substances Law
11 which is ineligible to be expunged.
12 G An offense currently listed as a sex offense that requires registration
13 pursuant to R.S. 15:540 et seq., at the time the Motion was filed,
14 regardless of whether the duty to register was ever imposed.
15 G An offense defined or enumerated as a "crime of violence" pursuant
16 to R.S. 14:2(B) at the time the Motion was filed.
17 G The arrest and conviction being sought to have expunged is for
18 operating a motor vehicle while intoxicated and a copy of the proof
19 from the Department of Public Safety and Corrections, office of
20 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
21 G Mover was convicted of a misdemeanor which arose from
22 circumstances involving a sex offense as defined in R.S. 15:541.
23 G Mover was convicted of misdemeanor offense of domestic abuse
24 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).
25 G Mover did not complete pretrial diversion.
26 G The charges against the mover were not dismissed or refused.
27 G Mover's felony conviction was not set aside and dismissed pursuant
28 to C.Cr.P. Art. 893(E).
29 G Mover's felony conviction was not set aside and dismissed pursuant
30 to C.Cr.P. Art. 894(B).
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1 G Mover completed a DWI pretrial diversion program, but five years
2 have not elapsed since the mover's date of arrest.
3 G Mover's conviction for felony carnal knowledge of a juvenile is not
4 defined as misdemeanor carnal knowledge of a juvenile had the
5 mover been convicted on or after August 15, 2001.
6 G Mover was not convicted of a crime that would be eligible for
7 expungement as required by C.Cr.P. Art. 978(E)(1).
8 G Mover has criminal charges pending against him.
9 G Mover was convicted of a criminal offense during the ten-year
10 period, excluding any noncapital felony during the preceding ten-year
11 period that would otherwise be eligible for expungement pursuant to
12 C.Cr.P. Art. 978(F).
13 G Mover received a first offender pardon but for an ineligible offense.
14 G Mover did not receive a first offender pardon.
15 G Denial for any other reason provided by law with attached reasons for
16 denial.
17 G THE MOTION IS HEREBY GRANTED for No(s). ____________
18 and all agencies are ordered to expunge the record of arrest/conviction and any
19 photographs, fingerprints, or any other such information of any kind maintained in
20 connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which
21 record shall be confidential and no longer considered a public record, nor be
22 available to other persons except a prosecutor, member of a law enforcement agency,
23 or a judge who may request such information in writing certifying that such request
24 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
25 purpose of any other statutorily defined law enforcement or administrative duties,
26 or for the purpose of the requirements of sex offender registration and notification
27 pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any
28 other person for good cause shown, or as otherwise authorized by law.
29 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
30 BY REDACTION If the record includes more than one individual and the mover
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1 is entitled to expungement by redaction pursuant to Code of Criminal Procedure
2 Article 985, for No(s). ____________ and all agencies are ordered to expunge the
3 record of arrest/conviction and any photographs, fingerprints, or any other such
4 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
5 above-captioned matter as they relate to the mover only. The record shall be
6 confidential and no longer considered a public record, nor be available to other
7 persons except a prosecutor, member of a law enforcement agency, or a judge who
8 may request such information in writing certifying that such request is for the
9 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
10 of any other statutorily defined law enforcement or administrative duties, or for the
11 purpose of the requirements of sex offender registration and notification pursuant to
12 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
13 person for good cause shown, or as otherwise authorized by law.
14 NAME: _______________________________________________________
15 (Last, First, MI)
16 DOB: ______/_____/______ (MM/DD/YY)
17 GENDER SEX: _____ Female _____Male
18 SSN (last 4 digits): XXX-XX-_________
19 RACE: _________________
20 DRIVER LIC.# _________________
21 ARRESTING AGENCY: ______________________________________
22 SID# (if available): _________________
23 ARREST NUMBER (ATN): _________________
24 AGENCY ITEM NUMBER: _________________
25 ARREST DATE: ______/_____/______ (MM/DD/YY)
26 THUS ORDERED AND SIGNED this _____ day of _______________, 20____
27 at ________________________, Louisiana.
28 ___________________________________
29 JUDGE
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1 PLEASE SERVE:
2 1. District Attorney: ______________________________________________
3 2. Arresting Agency: _____________________________________________
4 3. Parish Sheriff:________________________________________________
5 4. Louisiana Bureau of Criminal Identification and Information___________
6 5. Attorney for Defendant (or defendant)_____________________________
7 6. Clerk of Court ____________________________
8 * * *
9 Art. 994. Motion for interim expungement form to be used
10 STATE OF LOUISIANA
11 JUDICIAL DISTRICT FOR THE PARISH OF
12 ______________________________
13 No.: _____________ Division: "_______"
14 State of Louisiana
15 vs.
16 _______________________________________________________
17 MOTION FOR INTERIM EXPUNGEMENT
18 NOW INTO COURT comes mover, who provides the court with the
19 following information in connection with this request:
20 I. DEFENDANT INFORMATION
21 NAME: ___________________________________________________________
22 (Last, First, MI)
23 DOB: ________/______/_______ (MM/DD/YYYY)
24 GENDER SEX _____ Female _____Male
25 SSN (last 4 digits): XXX-XX-________
26 RACE: _________________
27 DRIVER LIC.# _________________
28 ARRESTING AGENCY: __________________________________________
29 SID# (if available): _________________
30 ARREST NUMBER (ATN): _________________
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1 AGENCY ITEM NO. ________________
2 Mover is entitled to an interim expungement of the entry of the felony
3 charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article
4 985.1 and states the following in support:
5 II. ARREST INFORMATION
6 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY)
7 2. _____ YES _____ NO A supplemental sheet with arrests and/or
8 convictions is attached after page 2 of this
9 Motion.
10 3. Mover was:
11 _____ YES _____ NO Arrested for a felony offense.
12 _____ YES _____ NO Convicted of a misdemeanor arising out of
13 that felony offense.
14 4. Mover was booked and/or charged with the following offenses: (List each
15 offense booked and charged separately. Attach a supplemental sheet, if
16 necessary.)
17 ____ Yes ____ No F E L O N Y A R R E S T T H A T R E S U L T E D I N A
18 MISDEMEANOR CONVICTION
19 NO. 1 La. Rev. Stat. Ann. § _______ : ________
20 Name of the offense __________________
21 __________________
22 (MM/DD/YYYY)
23 ( ) Felony charge dismissed.
24 ( ) Convicted of misdemeanor offense arising out of
25 felony arrest.
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1 5. Mover has attached to his Motion a criminal background check from the
2 Louisiana State Police/Parish Sheriff dated within the past sixty days
3 (required).
4 The mover prays that if there is no objection timely filed by the arresting law
5 enforcement agency, the District Attorney's Office, or the Louisiana Bureau of
6 Criminal Identification and Information, that an order be issued herein ordering the
7 Louisiana Bureau of Criminal Identification and Information to expunge the entry
8 of the felony charge(s) listed contained in the criminal history; and further that the
9 Clerk of Court, District Attorney, and arresting law enforcement agency expunge the
10 entry of those felony charge(s) from any public indices.
11 If an "Affidavit of No Opposition" by each agency named herein is attached
12 hereto and made a part hereof, Defendant requests that no contradictory hearing be
13 required and the Motion be granted ex parte.
14 Respectfully submitted,
15 ____________________________________
16 Signature of Attorney for Mover/Defendant
17 ____________________________________
18 Attorney for Mover/Defendant Name
19 ____________________________________
20 Attorney's Bar Roll No.
21 ____________________________________
22 Address
23 ____________________________________
24 City, State, ZIP Code
25 ____________________________________
26 Telephone Number
27 If not represented by counsel:
28 ____________________________________
29 Signature of Mover/Defendant
30 ____________________________________
31 Mover/Defendant Name
32 ____________________________________
33 Address
34 ____________________________________
35 City, State, ZIP Code
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1 ____________________________________
2 Telephone Number
3 PLEASE SERVE:
4 1. District Attorney______________________________________________
5 2. Louisiana Bureau of Criminal Identification and Information___________
6 3. Arresting Agency ______________________________________________
7 * * *
8 Art. 997. Certification of human trafficking victim status
9 STATE OF LOUISIANA
10 __________ JUDICIAL DISTRICT FOR THE PARISH OF ____________________
11 NO.:_________________________ DIVISION: _______________
12 STATE OF LOUISIANA
13 vs.
14 ________________________________
15 CERTIFICATION OF HUMAN TRAFFICKING VICTIM STATUS
16 In accordance with the provisions of Louisiana Code of Criminal Procedure Article
17 983, the Office of the District Attorney has reviewed and determined that one,
18 ________________________________________________________________________,
19 R A C E / G E N D E R S E X : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D O B :
20 ___________________________, SSN:_________________________________, has
21 established by a preponderance of the evidence proof of status as a victim of human
22 trafficking in accordance with the provisions of R.S. 14:46.2, for the following offense(s),
23 detailed specifically as follows:
24 (If more than one offense, each relevant offense must be specifically listed in the
25 following format)
26 OFFENSE:________________________
27 DOCKET NO:_____________________
28 CHARGE:________________________
29 DATE OF ARREST:________________
30 ARRESTING AGENCY:____________
31 CITY/PARISH OF ARREST:___________________
32 FURTHER, that the above offense(s) for which this Certification issued was
33 committed, in substantial part, as a result of the above-named being a victim of human
34 trafficking, in accordance with R.S. 14:46.2.
35 FURTHER, this Certification shall be considered as prima facie evidence of the
36 victim's status in similar eligible crimes committed within other Louisiana jurisdictions
37 during the time period in which the above-named was a victim of human trafficking.
38 FURTHER, all applicable time delays pertaining to expungement contained in
39 Louisiana Code of Criminal Procedure Articles 977 and 978 shall be waived when presented
40 to the clerk of court with an application for expungement of the above-specified offense(s).
41 FURTHER, any application for expungement of the above-specified offense(s) shall
42 be at no cost to the above-named victim.
43 _______________________ __________________________________
44 DATE DISTRICT ATTORNEY
45 PARISH OF
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1 _____________ JUDICIAL DISTRICT
2 STATE OF LOUISIANA
3 * * *
4 Art. 998. Motion for expungement form to be used for certain misdemeanor
5 convictions
6 STATE OF LOUISIANA
7 JUDICIAL DISTRICT FOR THE PARISH OF
8 ______________________________
9 No.: _____________ Division: "_______"
10 State of Louisiana
11 vs.
12 _______________________________________________________
13 MOTION FOR EXPUNGEMENT FOR MISDEMEANOR CONVICTION FOR A
14 FIRST OFFENSE POSSESSION OF MARIJUANA
15 NOW INTO COURT comes mover, who provides the court with the following
16 information in connection with this request:
17 I. DEFENDANT INFORMATION
18 NAME: ___________________________________________________________
19 (Last, First, MI)
20 DOB: ________/______/_______ (MM/DD/YYYY)
21 GENDER SEX _____ Female _____Male
22 SSN (last 4 digits): XXX-XX-________
23 RACE: _________________
24 DRIVER LIC.# _________________
25 ARRESTING AGENCY: __________________________________________
26 SID# (if available): _________________
27 ARREST NUMBER (ATN): _________________
28 AGENCY ITEM NO. _________________
29 Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana
30 Code of Criminal Procedure Article 971 et seq. and states the following in support:
31 II. MISDEMEANOR CONVICTION FOR A FIRST OFFENSE POSSESSION
32 OF MARIJUANA
33 1. Mover was convicted on _______/______/_______ (MM/DD/YYYY)
34 The Mover prays that if there is no objection timely filed by the arresting law
35 enforcement agency, the district attorney's office, or the Louisiana Bureau of
36 Criminal Identification and Information, that an order be issued herein ordering the
37 expungement of the record of arrest and/or conviction set forth above, including all
38 photographs, fingerprints, disposition, or any other such information, which record
39 shall be confidential and no longer considered a public record, nor be made available
40 to other persons, except a prosecutor, member of a law enforcement agency, or a
41 judge who may request such information in writing, certifying that such request is
42 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
43 purpose of any other statutorily defined law enforcement or administrative duties,
44 or for the purpose of the requirements of sex offender registration and notification
45 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this court to any
46 other person for good cause shown, or as otherwise authorized by law.
47 If an "Affidavit of No Opposition" by each agency named herein is attached hereto
48 and made a part hereof, defendant requests that no contradictory hearing be required
49 and the motion be granted ex parte.
50 Respectfully submitted,
51 ____________________________________
52 Signature of Attorney for Mover/Defendant
53 ____________________________________
54 Attorney for Mover/Defendant Name
55 ____________________________________
56 Attorney's Bar Roll No.
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1 ____________________________________
2 Address
3 ____________________________________
4 City, State, ZIP Code
5 ____________________________________
6 Telephone Number
7 If not represented by counsel:
8 ____________________________________
9 Signature of Mover/Defendant
10 ____________________________________
11 Mover/Defendant Name
12 ____________________________________
13 Address
14 ____________________________________
15 City, State, ZIP Code
16 ____________________________________
17 Telephone Number
18 * * *
19 Art. 999.1. Order form to be used; expedited expungement
20 JUDICIAL DISTRICT FOR THE PARISH OF
21 ______________________________
22 No.: _____________ Division: "_______"
23 State of Louisiana
24 vs.
25 _______________________________________________________
26 ORDER OF EXPUNGEMENT UNDER
27 CODE OF CRIMINAL PROCEDURE ARTICLE 999
28 Pursuant to Code of Criminal Procedure Article 999, wherein all of the following
29 applies,
30 (1) The defendant was seventeen years of age when the defendant was arrested or
31 charged with any criminal offense as provided in Title 14 or 40 of the Louisiana Revised
32 Statutes of 1950.
33 (2) The district attorney, for any reason, declined to prosecute all offenses arising
34 out of that arrest, including the reason that the person successfully completed a pretrial
35 diversion program.
36 (3) Prosecution was instituted and such proceedings have been finally disposed of
37 by dismissal, sustaining of a motion to quash, or acquittal.
38 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following
39 charges and arrest on the dates provided herein be expunged.
40 THUS ORDERED AND SIGNED, ADJUDGED, AND DECREED this ____ day
41 of ___________, 20 ____ at ______________, Louisiana, ___________________________.
42 ___________________________
43 JUDGE
44 DEFENDANT INFORMATION:
45 NAME:________________________________________________
46 First Middle Last
47 DATE OF BIRTH:_____________
48 GENDER SEX:_____________
49 SS#___________________________
50 RACE___________________________
51 DRIVER'S LICENSE#___________________
52 ARRESTING AGENCY___________________
53 SID#___________________
54 ARREST NUMBER (ATN)___________________
55 AGENCY ITEM NO:________________________
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1 PLEASE SERVE:
2 1. District Attorney:________________________________________________
3 2. Arresting Agency:_______________________________________________
4 3. Parish Sheriff:_______________________________________
5 4. Louisiana Bureau of Criminal Identification and Information
6 _____________________________
7 5. Attorney for Defendant (or defendant)____________________________
8 6. Clerk of Court ____________________________
9 * * *
10 Section 28. Children's Code Article 106, 720(B)(1), 725, 1217.1(A)(4), and
11 1239.1(A)(4) are hereby amended and reenacted to read as follows:
12 Art. 106. Number, gender sex
13 Unless the context clearly indicates otherwise:
14 (1) Words used in the singular number apply also to the the plural; words
15 used in the plural number include the singular.
16 (2) Words used in one gender sex apply also to the other.
17 * * *
18 Art. 720. Motion for guardianship
19 * * *
20 B. The motion, case review report, or case plan shall include all of the
21 following:
22 (1) The name and gender sex of the child, and the date and place of the
23 child's birth.
24 * * *
25 Art. 725. Findings and purpose
26 The legislature finds that arresting, prosecuting, and incarcerating victimized
27 children serves to re-traumatize them and to increase their feelings of low self-
28 esteem, which only makes the process of recovery more difficult. Both federal and
29 international law recognize that sexually exploited children are the victims of crime
30 and should be treated as such. Therefore, sexually exploited children should not be
31 prosecuted for criminal acts related to prostitution. Instead, sexually exploited
32 children should, where possible, be diverted into services that address the needs of
33 these children outside of the justice system. Sexually exploited children deserve the
34 protection of child welfare services, including diversion, crisis intervention,
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1 counseling, and emergency housing services. The purpose of this Chapter is to
2 protect a child from further victimization after the child is discovered to be a
3 sexually exploited child by ensuring that a child protective response is in place in the
4 state. This is to be accomplished by presuming that any child engaged in prostitution,
5 prostitution by massage, or crime against nature by solicitation is a victim of sex
6 trafficking and providing these children with the appropriate care and services where
7 possible. In determining the need for and capacity of services that may be provided,
8 the Department of Children and Family Services shall recognize that sexually
9 exploited children have separate and distinct service needs according to gender sex,
10 and every effort should be made to ensure these children are not prosecuted or
11 treated as juvenile delinquents, but instead are given the appropriate social services.
12 * * *
13 Art. 1217.1. Reporting requirement; statistical availability
14 A. For each adopted child, the court shall ensure that the department receives
15 all of the following information:
16 * * *
17 (4) The gender sex of the child.
18 * * *
19 Art. 1239.1. Reporting requirement; statistical availability
20 A. For each adopted child, the court shall ensure that the department receives
21 all of the following information:
22 * * *
23 (4) The gender sex of the child.
24 * * *
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1 Section 29. The Louisiana State Law Institute is hereby authorized and directed to
2 change all references in law from gender to sex as it pertains to personally identifiable
3 information of an individual.
4 Section 30. This Act shall be known as the "Restoring Biological Truth Act".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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