END THE BACKLOG is an initiative of the JOYFUL HEART FOUNDATION
Louisiana
Louisiana has achieved three of six pillars of rape kit reform: inventory of untested kits, the creation of a statewide rape kit tracking system, and funding for reform.
Louisiana has achieved three of six pillars of rape kit reform: inventory of untested kits, the creation of a statewide rape kit tracking system, and funding for reform.
Statewide Inventory
Yes, the state has a recurring inventory.
Is the inventory recurring?
Yes
Are law enforcement agencies and/or labs required to participate in the inventory?
Yes
Does the law require to document the date of when each kit was collected?
No
Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing?
No
Does the law require untested kits to be counted?
Yes
Test Backlogged Kits
No, the state has not committed to testing its backlogged kits.
Does the law require law enforcement to submit all untested kits, including those past the statute of limitation, within a certain deadline?
n/a
Does the law set a deadline for the crime laboratory to complete analysis once a kit has been submitted to the lab?
n/a
Does the law require kits past the statute of limitations to be sent in for testing?
n/a
Does the law allow public crime labs to outsource unsubmitted kits?
n/a
Test New Kits
No, the state has not mandated testing.
According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up?
n/a
According to the law, after being notified, within what time frame is law enforcement required to pick up the kit?
n/a
According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab?
n/a
According to the law, after receiving the kit, within what time frame is the lab required to test the kit?
n/a
Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline?
n/a
Implement Tracking System
In-Process, the state is developing a tracking system.
Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs?
Yes
Does the law state that the tracking system should track if kit a has been destroyed?
Yes
Does the law allow all agencies who participate in the tracking system to update the status of a kit?
Yes
Does the law state that the tracking system should have a victim portal?
Yes
Does the law require law enforcement, labs, and hospitals to participate in the tracking system?
Yes
Does the law state that all previously untested kits should be entered into the system?
No
Victim's Right To Know
No, the state has not granted victims the right to notice and be informed on the status of their kit.
Do victims have the right to receive information of the location, testing date, and testing results of their kit?
n/a
Do victims have the right to be informed when there is any change in the status of their case?
n/a
Do victims have the right to receive notification before destruction of their kit?
n/a
Are victims granted further preservation of the kit or its probative contents?
n/a
Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected?
n/a
Do victims have the right to receive a physical document identifying their rights under law?
n/a
Fund Reform
Yes, the state has allocated one-time funding.
See state reform timeline below.
Take Action Today to Bring Further Rape Kit Reform to Louisiana
In 2024, Senator Beth Mizell introduced SB124. This bill grants victims the right to know the status and location of their sexual assault collection kit.
In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the The Orleans Parish District Attorney’s office two grants for a total of $3,900,000. These funds will be used for improving sexual assault case investigations
In 2023, Louisiana legislators enacted SB169, a law requiring the Office of State Police to create and operate a sexual assault tracking system with a victim portal. All relevant agencies are required to participate in the system by July 1, 2024. The Office of State Police is required to submit an annual report to the legislature summarizing all rape kit data collected within the tracking system the previous year.
Louisiana state law requires all law enforcement agencies to participate in the annual sexual assault kit inventory. However, the 2022 Sexual Assault Collection Kit and Sexually-Oriented Criminal Offenses Report found that only 222 out of 346 police departments participated. This is just 67 percent of law enforcement agencies in the state.
According to a report by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice Statistical Analysis Center there were 830 untested kits in Louisiana in 2022. 119 of these kits were in Sheriff and Police agencies’ possession, the remaining 711 were in the possession of state forensic labs.
According to the 2021 Sexual Assault Collection Kit Report by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice Statistical Analysis Center, there are 86 backlogged kits in sheriff and police agencies’ possession, and 525 in the state crime laboratories, bringing the total number of backlogged kits to 611.
In 2020, Louisiana legislators introduced HB744. The bill would have mandated kit-handling timelines, a tracking system, and victims’ rights to notice about the status of their kits. This bill failed to pass.
In 2018, Louisiana legislators enacted SB101, a law creating the Louisiana Sexual Assault Oversight Commission to develop recommendations for a standardized rape kit and statewide protocols for forensic medical examinations. The attorney general was to ensure the recommendations were implemented.
Also in 2018, the National Institute of Justice (NIJ) awarded the New Orleans Police Department $906,660 to implement an evidence-management program to inventory, track, and report untested kits.
In 2017, BJA awarded the Orleans Parish District Attorney’s Office $1,009,485 to strengthen investigation, prosecution, and survivor support services for cases related to backlogged kits.
In 2017, both chambers of the Louisiana legislature adopted HCR26, a concurrent resolution directing the State Police Crime Lab to study and make recommendations regarding an effective statewide tracking system for rape kits.
In 2015, SB242 passed, mandating an annual audit of rape kits. In 2015, the Louisiana State Crime Lab reported 1,333 untested rape kits. While Louisiana law does require submission and testing for all kits connected to reported cases associated with an unknown suspect, kits with a known suspect are not required to be tested. State law does not require testing of backlogged kits, tracking, or notifying survivors of the location and status of their kits.
In 2015, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the New Orleans Police Department (NOPD) $1,058,214 to test kits, investigate and prosecute cases, and re-engage survivors.
For Immediate Release: June 13, 2023 Contact: Olivia Hall, media@endthebacklog.org NEW YORK – This month, the Joyful Heart Foundation celebrates the signing of HB169 in Louisiana, a law that will mandate the creation of a statewide rape kit tracking system. This system will also include a portal that allows survivors to access important information about […]
The Joyful Heart Foundation today applauded the signing of Louisiana Senate Bill 101, which creates a Sexual Assault Oversight Commission, into law. Under the guidance of the Office of the Attorney General, the Commission will develop recommendations for the statewide standardization of sexual assault kit handling and examination protocols.
A recent examination of the New Orleans Police Department (NOPD) revealed that five seasoned detectives of the Special Victims Section failed to pursue over 800 sex crime cases between 2011 and 2013. The report, prepared by the city’s inspector general, states that only 14% of reported sex crimes cases had any records of follow-up efforts. […]