HB 578

ENROLLED
 2026 Regular Session
  ACT No. 814
 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
1AN ACT
2 To amend and reenact Civil Code Article 14, Code of Civil Procedure Article 5055, Code
3of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992, 994, 997, 998, and
4999.1, Children's Code Articles 106, 720(B)(1), 725, 1217.1(A)(4), and
51239.1(A)(4), R.S. 1:8, R.S. 3:1493(E) and 2074(E), R.S. 4:158.2(A)(2) and 193(B),
6R.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
9paragraph), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a), R.S.
1017:17.5(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),
123399.12(5)(i), 3911(B)(1)(i)(introductory paragraph) and (4)(a)(introductory
13paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7), R.S. 22:1204(A)(10)(b),
141504(1), 1545(I)(1)(introductory paragraph) and (J), 1808.2(H), 2161(B),
152187(D)(4), and 2503(9)(b)(introductory paragraph), R.S. 23:2043(B)(1), R.S.
1627:46(B), R.S. 32:398.10(A)(2) and 429.3, R.S. 33:130.302(A)(2), 130.882(A)(2),
17363(D), 2740.70.3(B)(2), 4071(A)(6), and 4720.301(G)(2), R.S. 36:108(B)(5), R.S.
1837:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2),
192353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory paragraph),
203061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1),
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13554(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.
346:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 1941.8(A)(introductory
4paragraph), R.S. 47:337.14(E)(2) and 1702(6), R.S. 48:2134(C)(introductory
5paragraph), R.S. 49:1112(B)(1), R.S. 51:942(A) and 1762(A)(8)(a)(iii), R.S.
656:108(A) and 1705(C), relative to use of terms; to provide for the Restoring
7Biological Truth Act; to change references from gender to sex; to provide with
8respect to definitions; to provide for the use of gender and number; to provide for
9boards, commissions, and councils; to provide for statistical data collection and
10reporting; to provide for various technical revisions; and to provide for related
11matters.
12 Be it enacted by the Legislature of Louisiana:
13Section 1. Civil Code Article 14 is hereby amended and reenacted to read as follows:
14Art. 14. Use of gender sex
15Unless the context indicates otherwise, words used with reference to one
16gender sex apply to the other genders sex.
17Section 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
19A. Words used in reference to one gender sex apply also to the other genders
20sex, except as otherwise clearly indicated by the context.
21B. "Sex" means an individual's biological sex, either male or female, as
22observed or clinically certified at birth. "Gender identity" and other subjective terms
23shall not be used as synonyms or substitutes for the term "sex".
24Section 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;
27creation and organization
28*        *  *
29E. Appointments to the board shall be made no later than September 1, 2022.
30Each appointing authority shall notify the commissioner of the appointment. The
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1board should be representative of the state's population by race and gender sex to
2ensure diversity.
3*        *  *
4§2074. Louisiana Equine Promotion and Research Advisory Board; creation and
5organization
6*        *  *
7E. An organization authorized to make nominations for appointment to the
8board shall submit its list of nominees within thirty days after the commissioner
9requests the list. The commissioner shall make all appointments to the board no later
10than thirty days after receiving the list of nominees. The board should be
11representative of the state's population by race and gender sex to ensure diversity.
12*        *  *
13Section 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
16A. Each association or licensee as defined in R.S. 4:143 shall submit to the
17commission, the Senate Committee on Judiciary B, and the House Committee on
18Commerce all of the following:
19*        *  *
20(2) A report on the demographic information of the association's or licensee's
21workforce, 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*        *  *
25B. No person may be excluded or ejected on account of race, color, creed,
26national origin, ancestry, disability, as defined in R.S. 51:2232, or gender sex.
27*        *  *
28Section 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*        *  *
3D. No person shall enter into a gestational carrier contract that requires the
4gestational carrier to consent to terminate a pregnancy resulting from in utero
5embryo transfer for any reason, including a prenatal diagnosis of an actual or
6potential disability, impairment, genetic variation, or any other health condition or
7a discrimination based on gender sex, or for the purposes of the reduction of multiple
8fetuses. Any such provision in a contract executed in the state of Louisiana or any
9other state shall be absolutely null and unenforceable in the state of Louisiana as
10contrary to public policy.
11Section 6. R.S. 11:3390 and 3662 are hereby amended and reenacted to read as
12 follows:
13§3390. Beneficiaries
14For the purposes of this Part, whenever reference is made to gender sex, the
15masculine shall include the feminine, the feminine shall include the masculine, and
16in particular with reference to Sections 3363, 3378, 3379, 3385, and 3388 without
17limiting the generality of the above, whenever reference is made to widows of
18members of the fire department, it shall also apply to widowers of said members.
19*        *  *
20§3662. One gender sex may denote others the other
21For the purposes of this Subpart, whenever reference is made to gender sex,
22the masculine shall include the feminine, the feminine shall include the masculine,
23and in particular with reference to Sections 3631, 3648, 3656, and 3660; without
24limiting the generality of the above, whenever reference is made to widows of
25members, it shall also apply to widowers of said members.
26Section 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
29A petition under this Part shall be verified and include a copy of any existing
30child-custody determination, if available. The petition shall specify the risk factors
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1for abduction, including the relevant factors described in R.S. 13:1857. Subject to
2the provisions of R.S. 13:1821(E), if reasonably ascertainable, the petition shall
3contain:
4(1) The name, date of birth, and gender sex of the child.
5*        *  *
6§1857. Factors to determine risk of abduction
7A. In determining whether there is a credible risk of abduction of a child, the
8court shall consider all of the following factors and any evidence that the petitioner
9or 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
16because 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
18reaches the age of majority because of a child's gender sex, nationality, or religion.
19*        *  *
20Section 8. R.S. 14:107.2(A) is hereby amended and reenacted to read as follows:
21§107.2. Hate crimes
22A. It shall be unlawful for any person to select the victim of the following
23offenses against person and property because of actual or perceived race, age, gender
24sex, religion, color, creed, disability, sexual orientation, national origin, or ancestry
25of that person or the owner or occupant of that property or because of actual or
26perceived membership or service in, or employment with, an organization, or
27because of actual or perceived employment as a law enforcement officer, firefighter,
28or emergency medical services personnel:  first or second degree murder;
29manslaughter; battery; aggravated battery; second degree battery; aggravated assault
30with a firearm; terrorizing; menacing; mingling harmful substances; simple or third
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1degree rape, forcible or second degree rape, or aggravated or first degree rape; sexual
2battery; second degree sexual battery; oral sexual battery; carnal knowledge of a
3juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with
4a physical or mental disability; simple, second degree, or aggravated kidnapping;
5simple or aggravated arson; communicating of false information of planned arson;
6simple or aggravated criminal damage to property; contamination of water supplies;
7simple or aggravated burglary; criminal trespass; simple, first degree, or armed
8robbery; purse snatching; extortion; theft; desecration of graves; institutional
9vandalism; or assault by drive-by shooting.
10*        *  *
11Section 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
16reporting requirements to the Joint Legislative Committee on the Budget
17A.
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
22Technical College System for targeted investments in educational and vocational
23training aimed at recidivism reduction programming for adult and juvenile offenders.
24Such funds shall be utilized in connection with any other available sources of federal
25or state aid or training funds. The Louisiana Community and Technical College
26System shall provide a report to the legislature by December fifteenth of each year
27which shall include but not be limited to the following:
28(i) A detailed description of the number of people trained categorized by age,
29race, gender sex, and geographic region.
30*        *  *
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1§832. Work by inmates; allowance
2A. The department shall provide employment opportunities and vocational
3training for all inmates, regardless of gender sex, consistent with available resources,
4physical custody, and appropriate classification criteria. Insofar as is possible, the
5equipment used in such programs, the conditions of employment, the management
6practices, and the general operating procedures thereof shall approximate those of
7private industry. The provisions of Part IX of Chapter 2 of Title 51 of the Louisiana
8Revised Statutes of 1950 with respect to prison-made goods shall be applicable to
9goods made, manufactured, or produced by the inmates of all institutions and
10facilities, under the jurisdiction of the department.
11*        *  *
12§905. Rules and regulations; education; training and discipline; work opportunities;
13vocational training; contracts and agreements; solitary confinement
14*        *  *
15F.
16*        *  *
17(13)    Every instance of solitary confinement shall be documented
18electronically and in the aggregate. Unidentified data on the frequency and length
19of time that the juvenile spends in solitary confinement shall be available upon
20request as a public record. Documentation of the solitary confinement shall include
21all 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
26solitary confinement quarterly to the Juvenile Justice Reform Act Commission. This
27report 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
2placed in solitary confinement.
3*        *  *
4(d) The office of juvenile justice shall post a report on the use of solitary
5confinement on its website quarterly with deidentified aggregate data including but
6not limited to all of the following:
7*        *  *
8(ii) Race and ethnicity, age, and gender sex of juveniles placed in solitary
9confinement.
10*        *  *
11§933. Office of juvenile justice; statistical data collection; reporting
12*        *  *
13D. Data to be collected and maintained. The data collected and maintained
14under this Section shall include but not be limited to the following data points for
15each child served:
16*        *  *
17(4) Gender Sex.
18*        *  *
19E. Data to be reported. The reports mandated by the office of juvenile
20justice shall include but not be limited to the following data:
21(1) Disaggregated by race, ethnicity, gender sex, parish of prosecution, and
22most serious offense of adjudication, data including:
23*        *  *
24§934. Detention centers
25*        *  *
26B. The data collected and maintained shall include but not be limited to the
27following 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*        *  *
3D.
4*        *  *
5(3) A copy of the completed detention screening instrument shall be
6provided to the juvenile detention facility for any child who is admitted into its
7custody. The juvenile detention facility shall keep a record of the results of the
8detention screening instrument and the recommendation made based upon the
9instrument to either detain the child, release the child with conditions, or release the
10child without conditions. This record shall include the parish in which the child was
11taken into custody, the most serious charge for which the child was taken into
12custody, and demographic information about the child including but not limited to
13race, ethnicity, gender sex, and age. This information shall be aggregated and
14submitted quarterly to the Louisiana Commission on Law Enforcement and
15Administration of Criminal Justice which shall annually provide such information
16to the JDAI Collaborative.
17*        *  *
18§1204.2. Creation of system; functions; powers; duties
19*        *  *
20B. The system, by and through the commission, shall have the following
21functions, powers, and duties:
22*        *  *
23(4) To prepare and distribute, to all such persons and agencies, forms to be
24used in reporting data to the system. The forms shall provide for information
25regarding crimes which are directed against individuals or groups, or their property,
26by reason of their actual or perceived race, age, gender sex, religion, color, creed,
27disability, sexual orientation, national origin, or ancestry or by reason of their actual
28or perceived membership or service in, or employment with, an organization as
29defined in R.S. 14:107.2. The forms shall also provide for other items of information
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1needed by federal and state bureaus or departments engaged in the development of
2national and state statistics.
3*      *      *
4§1228.9. Impaired Driver Tracking System; purpose; procedure
5*      *      *
6D.(1) Every law enforcement agency in this state, including but not limited
7to city police departments, sheriffs' offices, and state police shall submit the
8following information to the impaired driver tracking system component of ICJIS,
9when 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
11information about the arrested person so that other law enforcement agencies, courts,
12the Department of Public Safety and Corrections, and other relevant persons or
13agencies can identify the person arrested, including but not limited to name, address,
14driver's license number, date of birth, and physical characteristics, such as eye color,
15hair color, and gender sex.
16*      *      *
17Section 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*      *      *
24B. For purposes of the expansion program, the Cecil J. Picard Center, in
25collaboration with the Department of Education and the Louisiana Department of
26Health, shall continue use of the physical fitness assessment instrument used for the
27pilot program which shall:
28*      *      *
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1(2) Include criterion-referenced standards specific to a student's race, age,
2and gender sex and based on the physical fitness level required for good health.
3*     *  *
4§100.13. Expanded academic support
5*     *  *
6G.
7*     *  *
8(2) In approving high-quality tutoring providers, the department shall require
9the tutoring providers to:
10*     *  *
11(f) Provide evidence of impact on student outcomes disaggregated by student
12groups according to race, gender sex, ethnicity, economically disadvantaged
13students, English language learner status, disability status, and geographic location.
14Tutoring providers may demonstrate impact through either adherence to the
15program's model design by aligning with the components of high-dosage tutoring or
16by having evidence of positive and statistically significant gains in student learning
17outcomes     based    on     a   well-designed       randomized   controlled   trial   or
18quasi-experimental design that provides the basis for evidence of causal program
19impact and which is conducted by an external third-party researcher.
20*     *  *
21J.   The department shall create reporting templates, procedures, and
22definitions for reporting metrics for city, parish, and other local public school boards
23to use in collecting and reporting tutoring-related data to the department including
24changes in academic performance of participating students disaggregated by student
25groups according to race, gender sex, ethnicity, economically disadvantaged
26students, English language learner status, disability status, and geographic location.
27To the extent possible, the department shall leverage existing reporting processes and
28systems to reduce the reporting burden on local education agencies and public
29charter schools.
30*     *  *
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1§221.3. Student enrollment notification; required schools and programs; content
2*       *       *
3B.
4*       *       *
5(2) Such notification shall:
6*       *       *
7(d) Be a written notification of enrollment which may be a written request
8for a student's transcript if such transcript request occurs after the student has been
9accepted for enrollment, with such written request or notification containing at a
10minimum the student's legal name, date of birth, gender sex, and race.
11*       *       *
12§416. Discipline of students; suspension; expulsion
13*       *       *
14M. The state Department of Education shall publish annually and publish on
15its website data regarding disciplinary removals disaggregated at the state, system,
16and school level and also disaggregated and capable of cross-tabulation by the
17characteristics of gender sex, race, disability, English language learner status, and
18economically disadvantaged status. In reporting such data, the department shall
19comply with all federal and state privacy laws and shall strive to ensure that all
20relevant state accountability metrics are valid and reliable.
21*       *       *
22§416.21. Behavior of students with exceptionalities; use of seclusion and physical
23restraint
24*       *       *
25N.
26*       *       *
27(3)(a) The state Department of Education shall maintain a database of all
28reported incidents of seclusion and physical restraint of students with
29exceptionalities and shall disaggregate the data for analysis by school; student age,
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1race, ethnicity, and gender sex; student disability, where applicable; and any
2involved school employees.
3(b)(i) Based upon the data collected, the state Department of Education shall
4annually compile a comprehensive report regarding the use of seclusion and physical
5restraint of students with exceptionalities, which shall at a minimum include the
6following:
7(aa) The number of incidents of physical restraint disaggregated by school
8system; student age, race, ethnicity, gender sex, and student disability classification.
9(bb) The number of incidents of seclusion disaggregated by school system;
10student age, race, ethnicity, gender sex, and student disability classification.
11*       *       *
12§1519.7. Hospital advisory committees
13*       *       *
14C. In selecting community advisory committee members, an effort shall be
15made to reflect the demographic diversity of the community the hospital serves
16including age, gender sex, race, and other relevant factors. The board shall solicit
17and accept nominations from the community at large and from organizations
18representing community interests, including without limitation health professionals,
19religious and community leaders, consumer advocates, and consumers of hospital
20services.
21*       *       *
22§1871. Board of Supervisors of Community and Technical Colleges; establishment;
23members; qualifications and terms; vacancies; duties
24A.
25*       *       *
26(3) The board should be representative of the state's population by race and
27gender sex to ensure diversity.
28*       *       *
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1§1998. Advisory councils
2The board, upon the recommendation of the directors of postsecondary
3vocational-technical schools, shall appoint an advisory council on career education
4for each school. The members of all such advisory councils in this state shall serve
5without pay. Each such council shall be limited to fifteen members and be
6representative of the state's population by race and gender sex to ensure diversity and
7shall be representative equally of employee, employer, and educational and public
8interests.
9*       *  *
10§3047.7.       Reporting system; implementation; requirements; applicability;
11participation by eligible institutions
12*       *  *
13B. The information reporting system shall include the following:
14*       *  *
15(2)(a) Demographic information of award recipients, including age, race,
16gender sex, and household income.
17*       *  *
18§3351.       General powers, duties, and functions of postsecondary education
19management boards
20*       *  *
21B. In addition to the powers and duties vested by Subsection A of this
22Section and any other applicable laws, each board, as soon as practicable, shall
23adopt:
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
30continuance of tuition waivers to any student for purposes of gender sex equity who
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1participates in an intercollegiate athletic program and who is pursuing an
2undergraduate degree provided that the student meets the academic standards and
3complies with the rules and regulations of the college or university such student is
4attending relative to requirements for attendance as a full-time student. The tuition
5waivers may be offered at any campus under the jurisdiction of each management
6board; however, no management board shall issue more than an aggregate of fifty
7tuition waivers per campus during an academic year and not more than fifty percent
8of such tuition waivers shall be issued to out-of-state residents.
9*       *       *
10§3399.12. Definitions
11As used in this Part, the following terms have the following meanings unless
12the context clearly indicates otherwise:
13*       *       *
14(5) "Power-based violence" means any form of interpersonal violence
15intended to control or intimidate another person through the assertion of power over
16the person and shall include the following:
17*       *       *
18(i) Unwelcome sexual or sex- or gender-based conduct that is objectively
19offensive, has a discriminatory intent, and lacks a bona fide academic purpose.
20*       *       *
21§3911. Data collection system; establishment
22*       *       *
23B.(1)
24*       *       *
25(i) Student discipline information, in total and by unduplicated counts,
26disaggregated by race, ethnicity, gender, sex, English learner status, and students
27with exceptionalities, excluding gifted and talented, in accordance with data
28collection conducted pursuant to 20 U.S.C. 3413(c)(1), including but not limited to
29the following:
30*       *       *
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1(4)(a) The department shall annually collect the following data elements for
2students with an exceptionality by each disability classification, including breakouts
3of each speech or language impairment category and breakouts of each intellectual
4disability category, not including students identified exclusively as gifted and
5talented, for each city, parish, or other local public school board. The following data
6elements shall be reported for each disability classification in total as well as by
7unduplicated counts by race, gender, age, and sex:
8*       *       *
9§3991. Charter schools; requirements; limitations; renewal; amendment; revocation;
10board membership
11A.(1)
12*       *       *
13(c)
14*       *       *
15(iv) Beginning with the 2019-2020 school year, the governing or
16management board of each charter school, other than a Type 2 charter school,
17located in a parish with a population of between three hundred twenty-five thousand
18and three hundred seventy-five thousand persons, based on the most recent federal
19decennial census, shall be representative of the community in which the charter
20school is located by race and gender sex to ensure diversity, and no fewer than sixty
21percent of its members shall reside in the parish in which the school is located.
22*       *       *
23B. 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,
26scope, and mission may be established pursuant to rules promulgated by the state
27board. Such admission requirements shall be specific and shall include a system for
28admission decisions which precludes exclusion of pupils based on race, religion,
29gender sex, ethnicity, national origin, intelligence level as ascertained by an
30intelligence quotient examination, identification as a student with an exceptionality
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1as defined in R.S. 17:1942(B), or identification as a student who is economically
2disadvantaged.    Such admission requirements may include, however, specific
3requirements related to a school's mission such as auditions for schools with a
4performing arts mission or proficiency in a foreign language for schools with a
5language immersion mission. Any school which was chartered prior to July 1, 2012,
6and which incorporated achievement of a certain academic record as part of its
7admission requirements may continue to use such admission requirements. No local
8board shall assign any pupil to attend a charter school, except that a local board in
9a district in which fifty percent or more of the public schools in the district are
10charter schools and that uses a single application and enrollment process adopted by
11the local board for public school enrollment may assign a pupil to a charter school
12based on such enrollment process, the preferences of the pupil's parent or legal
13guardian, the charter school's admission requirements, the charter contract, and the
14local board's policies.
15*       *       *
16§5067. Program information reporting system; implementation; requirements;
17applicability; participation by eligible institutions and others
18*       *       *
19B. The Taylor Opportunity Program for Students information reporting
20system shall include but not be limited to the following:
21*       *       *
22(7) Demographic information of program award recipients, including but not
23limited to race and gender sex.
24*       *       *
25Section 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
29A. The board of directors shall be composed of the commissioner of
30insurance or his designee, who shall serve as an ex officio, nonvoting member of the
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1board, and twelve members to be selected from the groups and in the manner as
2follows:
3*  *     *
4(10)
5*  *     *
6(b) The commissioner shall make all diligent efforts to make selections from
7these three groups that will represent a racial, ethnic, and gender sex reflection of the
8state for the board of directors.
9*  *     *
10§1504. Use of credit information
11An insurer authorized to do business in Louisiana that uses credit information
12to underwrite or rate risks shall not:
13(1) Use an insurance score that is calculated using income, gender sex,
14address, zip code, ethnic group, religion, marital status, or nationality of the
15consumer as a factor.
16*  *     *
17§1545. Examination
18*  *     *
19I.(1) The commissioner of insurance shall prepare, publicly announce, and
20publish a report that summarizes statistical information relating to life insurance
21producer examinations administered during the preceding calendar year. Each report
22shall include the following information for all examinees combined and separately
23by gender sex, race or ethnicity, race or ethnicity within gender sex, education level,
24and native language:
25*  *     *
26J. The commissioner of insurance may provide to a testing service provider
27under contract with the Department of Insurance any demographic information
28received by the department on applications relating to examinations taken to qualify
29for an insurance producer license if the commissioner requires the provider to review
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1and analyze examination results in conjunction with the education level, gender sex,
2native language, race, or ethnicity of examinees.
3*       *       *
4§1808.2. Examination
5*       *       *
6H. The commissioner of insurance may provide to a testing service provider
7under contract with the Department of Insurance any demographic information
8received by the department on applications relating to examinations taken to qualify
9for an insurance consultant license if the commissioner requires the provider to
10review and analyze examination results in conjunction with the education level,
11gender sex, native language, race, or ethnicity of examinees.
12*       *       *
13§2161. Powers of the commissioner; creation of advisory boards
14*       *       *
15B. The commissioner shall appoint the members of any advisory board
16created pursuant to this Section.  The commissioner shall ensure that his
17appointments demonstrate race, gender sex, ethnic, and geographical diversity. The
18commissioner shall promulgate rules and regulations in accordance with the
19Administrative Procedure Act providing for the creation, governance, duties, and
20termination of any advisory board created pursuant to this Section.
21*       *       *
22§2187. Actuarial reviews of proposed healthcare legislation
23*       *       *
24D. Contractors shall provide all of the following in the report of an actuarial
25review performed pursuant to this Section:
26*       *       *
27(4) If available, information concerning who would benefit from any cost
28changes 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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1legislative proposal would have on state residents, which information, if available,
2shall be disaggregated, at a minimum, by race, ethnicity, sex, gender sex, and age.
3*       *       *
4§2503. Definitions
5As used in this Chapter, the following definitions apply:
6*       *       *
7(9) "Nonpublic information" means electronic information that is not
8publicly available information and is any of the following:
9*       *       *
10(b) Any information or data, except age or gender sex, in any form or
11medium created by or derived from a healthcare provider or a consumer, that can be
12used to identify a particular consumer, and that relates to any of the following:
13*       *       *
14Section 12. R.S. 23:2043(B)(1) is hereby amended and reenacted to read as follows:
15§2043. Members
16*       *       *
17B.(1)    In making the appointments, the governor shall, as nearly as
18practicable, appoint members in a manner that is representative of the population of
19the regions of the state and shall consider factors including but not limited to race,
20color, religion, gender sex, and national origin.
21*       *       *
22Section 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*       *       *
25B. In addition to the report required by Subsection A of this Section, each
26holder of a license as defined in R.S. 27:44 shall submit to the board, the Senate
27Committee on Judiciary B, and the House Committee on the Administration of
28Criminal Justice a report of the demographic information of their workforce,
29including but not limited to race, gender sex, and Louisiana residency.
30*       *       *
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1Section 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
4A. All law enforcement officers defined as a peace officer in R.S. 40:2402
5shall record and retain the following information:
6*       *       *
7(2) Characteristics of race, gender sex, age, and state of residence of such
8persons, provided the identification of such characteristics shall be based on the
9observation and perception of the law enforcement officer responsible for reporting
10the stop and the information shall not be required to be provided by the person
11stopped.
12*       *       *
13§429.3. Collection and reporting of statistical information relating to migration of
14residents
15The Department of Public Safety and Corrections, office of motor vehicles,
16shall collect statistical information regarding the gender sex and age of residents
17moving from parish to parish and residents moving into and out of Louisiana. The
18office of motor vehicles shall provide a report of this information, sorted by age, by
19gender sex, by parish, and by state, to the governor, the lieutenant governor, and the
20secretaries of each state department annually on or before January first of each year.
21*       *       *
22Section 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
25A.
26*       *       *
27(2) All commissioners shall be qualified voters and taxpayers within the
28limits of the district during their term of office and shall reside in St. Landry Parish
29or within an adjoining parish. In making appointments to the commission, the
30appointing authorities shall make every effort within the law to provide for racial and
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1gender sex diversity among commissioners and shall make reasonable efforts to
2ensure that the racial proportion of the appointees reflects the same racial proportion
3of St. Landry Parish.
4*       *       *
5§130.882. Board of commissioners; members; officers; employees
6A.
7*       *       *
8(2) Each commissioner shall be a qualified voter and taxpayer within the
9limits of the district during his term of office and shall reside in St. Martin Parish.
10In making appointments to the commission, the appointing authorities shall make
11every effort within the law to provide for racial and gender sex diversity among
12commissioners and shall make reasonable efforts to ensure that the racial proportion
13of 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
16scholarships
17*       *       *
18D. Such ordinance or resolution shall provide procedures and criteria for
19application for and award of such scholarships. Each student to whom a scholarship
20is awarded shall be a resident of the village of Palmetto in St. Landry Parish, shall
21be accepted to attend or be enrolled as an undergraduate student in a Louisiana
22institution of higher education, shall have a cumulative high school or college grade
23point average of at least three points when calculated on a four-point basis, and shall
24be adjudged needy by standards equivalent to or more stringent than those of
25nationally recognized analyses such as those used by the College Scholarship Service
26or the American College Testing Service. In the event that no student meets the
27residency criterion, a scholarship may be awarded to a student whose parent or legal
28guardian is a utility customer of the village in good standing. The village governing
29authority may establish additional criteria and procedures as are necessary to
30administer the scholarships. In the administration of the program, no student shall
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1be discriminated against on the basis of race, color, gender sex, disability, as defined
2in R.S. 51:2232, national origin, or creed.
3*       *       *
4§2740.70.3. Evangeline Economic Development Authority
5*       *       *
6B.
7*       *       *
8(2) The members of the board shall include representatives from the business
9community, health care, legal and professional services, small business owners,
10financial institutions, manufacturing or service companies, local and regional
11educational systems or institutions, and parish and municipal government
12organizations. The board shall be representative of the parish's population by age,
13race, and gender sex to ensure diversity.
14*       *       *
15§4071. Creation and organization of sewerage and water board
16A.
17*       *       *
18(6) The appointments to the board shall reflect the racial and gender sex
19diversity of the population of the city of New Orleans to the extent practicable.
20*       *       *
21§4720.301. Shreveport Implementation and Redevelopment Authority
22*       *       *
23G.
24*       *       *
25(2) The board shall be representative of the city's population by race and
26gender sex to ensure diversity.
27*       *       *
28Section 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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1B.   The office of economic development shall perform the following
2functions of the state:
3*      *       *
4(5) The office shall provide services to small and medium-sized businesses
5in Louisiana, without regard to race or gender sex, and encourage and support the
6startup of new small businesses and the growth and retention of existing Louisiana
7firms.
8*      *       *
9Section 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;
15terms of office
16A.
17*      *       *
18(2) The board shall consist of nine members to be appointed by the governor,
19subject to Senate confirmation, as further provided in Subsection B of this Section.
20All members of the board shall serve at the pleasure of the governor for terms of four
21years. The governor shall ensure that his appointments demonstrate race, gender sex,
22ethnic, and geographical diversity.
23*      *       *
24§914. Louisiana State Board of Nursing; appointment of members; term of office;
25vacancy; officers; compensation
26*      *       *
27B.
28*      *       *
29(3) The governor shall ensure that his appointments demonstrate race, gender
30sex, ethnic, and geographical diversity.
31*      *       *
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1§962. Louisiana State Board of Practical Nurse Examiners; method of appointment
2*       *      *
3C. The appointment of members of the board shall be made from a list,
4containing twice the number of eligibles to be appointed, submitted to the governor
5by the Louisiana State Medical Society where the appointee shall be a licensed
6physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of
7the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of
8the practical nurses, by the Louisiana Nursing Home Association, for one practical
9nurse, by the Louisiana Hospital Association, for one practical nurse, or by the
10Louisiana State Nurses Association where the appointee shall be a registered nurse.
11The consumer member may apply directly to the office of the governor. The
12governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and
13geographical diversity.
14*       *      *
15§1042. Louisiana State Board of Optometry Examiners; appointment; terms of
16members; protected action and communication
17*       *      *
18B.(1)
19*       *      *
20(b) One licensed optometrist member of the board shall be appointed by the
21governor from each of the five board districts in accordance with this Subsection.
22The governor shall ensure that his appointments demonstrate race, gender sex,
23ethnic, and geographical diversity.
24*       *      *
25§1104. Louisiana Licensed Professional Counselors Board of Examiners
26A. There is hereby created in the Louisiana Department of Health the
27Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred
28to as the "board", consisting of eleven members who shall be residents of the state
29of Louisiana. Each term shall be for four years. Seven appointments to the board,
30including one consumer from the public at large, shall be made by the governor from
31a list of qualified candidates submitted by the executive board of the Louisiana
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1Counseling Association. The consumer member may also apply directly to the office
2of the governor. Four appointments to the board shall be made by the governor from
3a list of qualified candidates submitted by the executive board of the Louisiana
4Association for Marriage and Family Therapy. Each appointment by the governor
5shall be submitted to the Senate for confirmation. The governor shall ensure that his
6appointments demonstrate race, gender sex, ethnic, and geographical diversity.
7*       *      *
8§1172. Membership
9A. The board shall consist of seventeen members appointed by the governor,
10including two licensed pharmacists from each of the pharmacy districts as provided
11in R.S. 37:1173 and one representative of the consumers of Louisiana from the state
12at-large who possess the qualifications specified in R.S. 37:1174. The governor shall
13ensure that his appointments demonstrate race, gender sex, ethnic, and geographical
14diversity.
15*       *      *
16§2102. Board of Examiners; creation; domicile; membership; terms of office
17A.
18*       *      *
19(2) The governor shall ensure that his appointments demonstrate race, gender
20sex, ethnic, and geographical diversity.
21*       *      *
22§2353. State board of examiners; organization; duties; meetings; fees
23A.
24*       *      *
25(2) The governor shall appoint members for terms of five years. Each
26appointment by the governor shall be subject to Senate confirmation. A board
27member shall not be eligible to succeed himself. All psychologist appointments shall
28be from a list provided by the Louisiana Psychological Association. The list shall
29report the results of an election in which persons qualified for board membership
30may nominate themselves and in which licensed members of the Louisiana
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1Psychological Association and other persons licensed in accordance with the
2provisions of this Chapter are entitled to one vote for each vacancy on the board.
3The consumer member may apply directly to the office of the governor. The
4governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and
5geographical diversity.
6*       *       *
7§2403. Physical therapy board; composition
8*       *       *
9H. The governor shall ensure that his appointments demonstrate race, gender
10sex, ethnic, and geographical diversity.
11*       *       *
12§2407. Practice of physical therapy defined
13*       *       *
14D. Words used in one gender sex apply also to the other, except as otherwise
15clearly indicated by the context.
16*       *       *
17§2455. Louisiana Board for Hearing Aid Dealers; composition; districts
18*       *       *
19B.(1) The board shall be composed of nine members. Seven members shall
20be hearing aid dealers, the eighth member shall be the state health officer or his
21representative, and the ninth member shall be fifty years of age or over and shall
22serve as a representative of the hearing aid consumers of Louisiana. The seven
23hearing aid dealers shall be appointed in the following manner. The Louisiana
24Society of Hearing Aid Specialists, chartered by the state, shall submit to the
25governor names of not less than fourteen qualified hearing aid dealers, who shall be
26actively engaged in the selling and fitting of hearing aids. The governor shall ensure
27that his appointments demonstrate race, gender sex, ethnic, and geographical
28diversity.
29*       *       *
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1§2704. Board of Social Work Examiners
2A. There is hereby created a Louisiana State Board of Social Work
3Examiners within the Louisiana Department of Health. The board shall be subject
4to the provisions of R.S. 36:803. It shall consist of seven members to include six
5social workers and one consumer member. The members shall be appointed by the
6governor, subject to Senate confirmation. All appointees shall be selected from one
7list compiled by all statewide social work membership organizations that have
8written bylaws and meet all state and federal laws, and the Louisiana Chapter of the
9National Association of Social Workers shall be responsible for the coordination of
10this process. The consumer member may apply directly to the office of the governor.
11The governor shall ensure that his appointments demonstrate race, gender sex,
12ethnic, and geographical diversity. All appointees shall serve no more than two
13consecutive full terms. The completion of an unexpired portion of a full term shall
14not constitute a full term for purposes of this Section. The board shall consist of the
15following members:
16*       *       *
17§3061. Board of Electrolysis Examiners
18A.
19*       *       *
20(2)
21*       *       *
22(c) Each appointment by the governor shall be submitted to the Senate for
23confirmation. The governor shall ensure that his appointments demonstrate race,
24gender sex, ethnic, and geographical diversity.
25*       *       *
26§3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership,
27terms, and vacancies; officers; meetings; quorum; compensation
28*       *       *
29B.
30*       *       *
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1(2) The governor shall ensure that his appointments demonstrate race, gender
2sex, ethnic, and geographical diversity.
3*      *       *
4§3201. Radiologic Technology Board of Examiners; method of appointment;
5qualifications of members
6*      *       *
7B.
8*      *       *
9(2) Each appointment by the governor shall be submitted to the Senate for
10confirmation. The governor shall ensure that his appointments demonstrate race,
11gender sex, ethnic, and geographical diversity.
12*      *       *
13§3386.2. Addictive Disorder Regulatory Authority
14*      *       *
15C. The governor shall ensure that his appointments demonstrate race, gender
16sex, ethnic, and geographical diversity. Members of the board shall serve three-year
17terms. Members appointed to fill vacancies caused by death, resignation, or removal
18shall serve the unexpired terms of their predecessors.
19*      *       *
20§3389. Transition; Addictive Disorder Regulatory Authority
21*      *       *
22C. The governor shall ensure that his appointments demonstrate race, gender
23sex, ethnic, and geographical diversity. Members of the board shall serve three-year
24terms. Members appointed to fill vacancies caused by death, resignation, or removal
25shall serve the unexpired terms of their predecessors.
26*      *       *
27§3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors
28Board of Examiners
29A. There is hereby created in the Louisiana Department of Health the
30Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of
31Examiners, referred to hereafter in this Chapter as the "board", consisting of five
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1members who shall be residents of the state of Louisiana. The members shall be
2appointed by the governor from a list of qualified candidates supplied by the
3International Association of Rehabilitation Professionals-Louisiana, as specified in
4this Section. The consumer member may apply directly to the office of the governor.
5Each term shall be for four years. Each appointment by the governor shall be
6submitted to the Senate for confirmation. The governor shall ensure that his
7appointments demonstrate race, gender sex, ethnic, and geographical diversity.
8*      *       *
9§3463. Board; appointments; terms; removal; compensation; officers
10*      *       *
11B.(1) The governor shall appoint, subject to Senate confirmation, members
12to the board from a list containing the names of five persons, submitted by the
13Louisiana Association of Wholesale Drug Distributors and from a list containing the
14names of two persons, submitted by the Pharmaceutical Research and Manufacturers
15of America. The consumer member may apply directly to the office of the governor.
16In the event of the death or resignation of any member of the board, the governor
17shall appoint his successor in the manner of the original appointment for the
18remainder of the unexpired term. The governor shall ensure that his appointments
19demonstrate race, gender sex, ethnic, and geographical diversity.
20*      *       *
21§3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,
22terms, vacancies, officers, meetings, reimbursement, liability
23A.
24*      *       *
25(2) The governor shall ensure that his appointments demonstrate race, gender
26sex, ethnic, and geographical diversity.
27*      *       *
28§3703. Louisiana Behavior Analyst Board
29*      *       *
30B.
31*      *       *
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1(3) The governor shall ensure that his appointments demonstrate race, gender
2sex, ethnic, and geographical diversity. A vacancy in an unexpired term shall be
3filled in the manner of the original appointment for the remainder of the unexpired
4term.
5*       *       *
6Section 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
9The Legislature of Louisiana wishes to further efforts by the Parkinson's
10community to find a cure for this devastating disease by helping to determine how
11many people in the state suffer from Parkinson's and by gathering vital information
12from these individuals, such as general age, ethnicity, gender sex, as well as possible
13environmental factors that may have played a part in the development of the disease.
14Thus, it is the intent of the legislature to establish a system to collect and assess
15information and data regarding the incidence of Parkinson's disease in the state.
16*       *       *
17§101. Commemorative certificate of miscarried child; requirements
18*       *       *
19D.(1) The commemorative certificate shall contain the name of the fetus and
20the gender sex, if known. If the name is not furnished by the patient, the vital
21records registry may complete the commemorative certificate with the name "Baby
22Boy" or "Baby Girl" and the last name of the patient. If the gender sex of the fetus
23is 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*       *       *
28D.(1) The membership of the council shall be reflective of all geographic
29regions 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
4five years of academic or professional expertise in housing or services for people
5experiencing 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,
8gender sex identity, or marital status.
9*       *       *
10(m) The executive director of the Louisiana Housing Corporation shall
11appoint at least two members with lived experience of homelessness. The members
12shall be appointed from a list of nominations submitted jointly by the governing
13boards of the continuums of care located in Louisiana. Each member appointed
14pursuant to this Subparagraph shall represent as many of the following
15subpopulations as possible:
16*       *       *
17(iv) People with differing actual or perceived sexual orientation, gender sex
18identity, or marital status.
19*       *       *
20§2403. Council on Peace Officer Standards and Training
21*       *       *
22H.(1) The council may establish and implement curricula and publish
23training materials to train peace officers to identify, respond to, and report all crimes
24which are directed against individuals or groups, or their property, by reason of their
25actual or perceived race, age, gender sex, religion, color, creed, disability, sexual
26orientation, national origin, or ancestry.
27*       *       *
28Section 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
2A. In making appointments to any board, commission, council, authority, or
3other similar entity that has statewide jurisdiction and is established by law, rule,
4executive order, or otherwise, the appointing authority shall give due consideration
5to the demographics of the population of the state, including but not limited to
6geography, gender sex, and race.
7*       *       *
8§1132. Board of Ethics
9*       *       *
10B. Membership; terms; vacancies; qualifications.
11(1) The Board of Ethics shall consist of fifteen members to be selected as
12follows:
13(a) The governor shall appoint nine members, who shall be representative
14of the state's population as near as practicable and who shall be subject to Senate
15confirmation. At least one member shall be appointed from each congressional
16district, and the governor shall give due consideration to the demographics of the
17population of the state, including without limitation geography, gender sex, and race.
18Of those nine, the governor shall appoint at least five members, each of whom shall
19have been licensed to practice law in this state for at least eight years at the time of
20his appointment.
21(b) Three members shall be elected by the House of Representatives, who
22shall give due consideration to the demographics of the population of the state,
23including without limitation geography, gender sex, and race.
24(c) Three members shall be elected by the Senate, who shall give due
25consideration to the demographics of the population of the state, including without
26limitation geography, gender sex, and race.
27*       *       *
28Section 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
2prescribing and dispensing practice patterns; Medicaid Pharmaceutical and
3Therapeutics Committee
4*       *  *
5D.(1)     The Medicaid Pharmaceutical and Therapeutics Committee,
6hereinafter referred to as "the committee", is hereby created within the Louisiana
7Department of Health. The committee shall be composed of fifteen members
8appointed by the governor and submitted to the Senate for confirmation. The
9governor shall ensure that appointments achieve race, gender sex, and geographic
10diversity.
11*       *  *
12§288.5. Written court report; filing
13Within one hundred fifty days after the extended foster care voluntary
14placement agreement is signed, the department shall file with the court a written
15report 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,
19purpose, and duties of the council
20*       *  *
21B.
22*       *  *
23(10)    Two licensed pharmacists appointed by the Louisiana Board of
24Pharmacy who are not currently serving on the board. The board shall strive to
25ensure its appointments demonstrate race, gender sex, ethnic, and geographical
26diversity.
27*       *  *
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1§1095. Board of commissioners; membership; appointment; terms; compensation;
2removal
3A. The two areas of the district shall be governed by separate governing
4boards.        Each area of the district shall be governed by a board of thirteen
5commissioners, referred to in this Part as the "commission", who shall be qualified
6voters and residents of Orleans Parish and who shall reflect the ethnic, cultural, and
7gender sex diversity of the parish.
8*      *      *
9§1941.8. Children and youth services advisory boards; members; duties
10A. Each planning board shall consist of a minimum of eleven, but not more
11than twenty-five members. Special care should be given in the appointments to
12ensure that the board is representative of the community in terms of gender sex, age,
13ethnicity, and geography, as well as knowledge and expertise. Those appointed shall
14include the following, if available and willing to serve, but need not be limited to:
15*      *      *
16Section 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*      *      *
20E.
21*      *      *
22(2) The central collection commission of the parish of St. Landry shall be
23representative of the parish's population by race and gender sex to ensure diversity.
24*      *      *
25§1702. Definitions
26As used in this Subtitle, the following terms have the meaning ascribed to
27them in this Section, unless the context clearly indicates otherwise:
28*      *      *
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1(6)   "Person" or "persons", "taxpayer" or "taxpayers" includes firms,
2companies, associations and corporations; all words importing the masculine gender
3sex apply to females also, and all words in the plural number apply to single
4individuals in all cases in which the spirit and intent of this Chapter require it.
5*       *       *
6Section 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;
9meetings; quorum
10*       *       *
11C. The governing body of the authority shall be a board of commissioners
12which is hereby created. The board shall have full power to promulgate rules and
13regulations for the maintenance and operation of the authority. The Ouachita
14Expressway Authority membership shall be representative as near as practicable by
15race and gender sex of the Ouachita parish population as of the most recent federal
16decennial census. The board shall be composed of fifteen commissioners as follows:
17*       *       *
18Section 23. R.S. 49:1112(B)(1) is hereby amended and reenacted to read as follows:
19§1112. Commission established; purposes; membership; officers
20*       *       *
21B.(1) The commission shall consist of no fewer than fifteen and no more
22than twenty-five voting members. Not more than fifty percent of the commission
23membership plus one shall be from the same political party. To the maximum extent
24practicable, it shall be balanced according to race, ethnicity, age, disability, and
25gender sex characteristics.
26*       *       *
27Section 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
2A. The department shall provide for the increased opportunity for small and
3emerging businesses to become competitive in a modern economy without regard to
4race or gender sex. This purpose shall be accomplished by providing a program of
5assistance and promotion. The following provisions of this Section shall be applied
6and interpreted to promote this purpose.
7*       *      *
8§1762. Prohibitions; data collection; targeted advertising
9A.   As used in this Chapter, the following terms have the following
10meanings:
11*       *      *
12(8) "Sensitive personal data" means data collected directly from an account
13holder 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*       *      *
18Section 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
21A. The Wildlife and Fisheries Commission may promulgate and adopt rules
22and regulations in accordance with the Administrative Procedure Act in relation to
23deer or turkey harvest records and tagging. Such rules and regulations may include
24the following: tagging requirements, gender sex, age, antler requirements, take,
25possession, limit, and reporting requirements.
26*       *      *
27§1705. Poverty Point Reservoir Development Dedicated Fund Account
28*       *      *
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1C. The Poverty Point Reservoir Development District Board membership
2shall be representative of the population of the state based on race and gender sex as
3near as practicable.
4Section 26. Code of Civil Procedure Article 5055 is hereby amended and reenacted
5 to read as follows:
6Art. 5055. Number; gender sex
7Unless the context clearly indicates otherwise:
8(1) Words used in the singular number apply also to the plural; words used
9in the plural number include the singular; and .
10(2) Words used in one gender sex apply also to the others other sex.
11Section 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:
13Art. 4. Number; gender sex
14Unless the context clearly indicates otherwise:
15(1) Words used in the singular number apply also to the plural; words used
16in the plural number include the singular; and .
17(2) Words used in one gender sex apply also to the other.
18*       *       *
19Art. 795. Time for challenges; method; peremptory challenges based on race or
20gender sex; restrictions
21*       *       *
22C. No peremptory challenge made by the state or the defendant shall be
23motivated in substantial part on the basis of the race or gender sex of the juror. If
24an objection is made that a challenge was motivated in substantial part on the basis
25of race or gender sex, and a prima facie case supporting that objection is made by the
26objecting party, the court shall demand a satisfactory race or gender sex neutral
27reason for the exercise of the challenge. Such demand and disclosure shall be made
28outside of the hearing of any juror or prospective juror. The court shall then
29determine whether the challenge was motivated in substantial part on the basis of
30race or gender sex.
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1D. The court shall allow to stand each peremptory challenge exercised for
2a race or gender sex neutral reason either apparent from the examination or disclosed
3by counsel when required by the court. The provisions of Paragraph C of this Article
4and this Paragraph shall not apply when both the state and the defense have exercised
5a challenge against the same juror.
6E. The court shall allow to stand each peremptory challenge for which a
7satisfactory racially neutral or gender sex neutral reason is given. Those jurors who
8have been peremptorily challenged and for whom no satisfactory racially neutral or
9gender sex neutral reason is apparent or given may be ordered returned to the panel,
10or the court may take such other corrective action as it deems appropriate under the
11circumstances.     The court shall make specific findings regarding each such
12challenge.
13*        *     *
14Art. 989. Motion for expungement forms to be used
15STATE OF LOUISIANA
16JUDICIAL DISTRICT FOR THE PARISH OF
17______________________________
18No.: _____________  Division: "_______"
19State of Louisiana
20vs.
21_______________________________________________________
22MOTION FOR EXPUNGEMENT
23NOW INTO COURT comes mover, who provides the court with the
24following information in connection with this request:
25I.      DEFENDANT INFORMATION
26NAME: ___________________________________________________________
27(Last,       First,  MI)
28DOB:  ________/______/_______ (MM/DD/YYYY)
29GENDER SEX  _____ Female _____Male
30SSN (last 4 digits):  XXX-XX-________
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1RACE:  _________________
2DRIVER LIC.#  _________________
3ARRESTING AGENCY:  __________________________________________
4SID# (if available):  _________________
5ARREST NUMBER (ATN):  _________________
6AGENCY ITEM NO. _________________
7Mover is entitled to expunge the record of his arrest/conviction pursuant to
8Louisiana Code of Criminal Procedure Article 971 et seq. and states the following
9in support:
10II.     ARREST INFORMATION
111.      Mover was arrested on _______/______/_______ (MM/DD/YYYY)
122.      _____ YES _____ NO  A supplemental sheet with arrests and/or
13convictions is attached after page 2 of this
14Motion.
153.      Mover was:
16_____ YES _____ NO  Arrested, but it did not result in conviction
17_____ YES _____ NO  Convicted of and seeks to expunge a
18misdemeanor
19_____ YES _____ NO  Convicted of and seeks to expunge a felony
20_____ YES _____ NO  Convicted but determined to be factually
21innocent and entitled to compensation for a
22wrongful    conviction     pursuant    to   the
23provisions of R.S. 15:572.8.
244.      Mover was booked and/or charged with the following offenses: (List each
25offense booked and charged separately. Attach a supplemental sheet, if
26necessary.)
27____ Yes ____ No       ARRESTS THAT DID NOT RESULT IN CONVICTION
28NO. 1  La. Rev. Stat. Ann.  § _______ : ________
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1Name of the offense  __________________
2( ) Time expired for prosecution  __________________
3(MM/DD/YYYY)
4( ) Not prosecuted for any offense
5arising out of this charge.
6( ) Pre-trial Diversion Program.
7( ) DWI Pre-Trial Diversion Program
8and 5 years have elapsed since the
9date of arrest.
10( ) Charge dismissed
11( ) Found not guilty/judgment of acquittal
12NO. 2  La. Rev. Stat. Ann.  § _______ : ________
13Name of the offense  __________________
14( ) Time expired for prosecution  __________________
15(MM/DD/YYYY)
16( ) Not prosecuted for any
17offense arising out of this charge.
18( ) Pre-trial Diversion Program.
19( ) Charge dismissed
20( ) Found not guilty/judgment of acquittal
21NO. 3  La. Rev. Stat. Ann.  § _______ : ________
22Name of the offense  __________________
23( ) Time expired for prosecution  __________________
24(MM/DD/YYYY)
25( ) Not prosecuted for any offense
26arising 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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1NO. 1  La. Rev. Stat. Ann.  § _______ : ________
2Name of the offense  _________________
3( ) Conviction set aside/dismissed      _____/____/_______
4pursuant to C.Cr.P. Art. 894(B)      (MM/DD/YYYY)
5( ) More than 5 years have passed
6since completion of sentence.
7NO. 2  La. Rev. Stat. Ann.  § _______ : ________
8Name of the offense  _________________
9( ) Conviction set aside/dismissed      _____/____/_______
10pursuant to C.Cr.P. Art. 894(B)      (MM/DD/YYYY)
11( ) More than 5 years have passed
12since completion of sentence.
13____ Yes ____ No     FELONY CONVICTIONS
14NO. 1  La. Rev. Stat. Ann.  § _______ : ________
15( ) Conviction set aside/dismissed      _____/____/_______
16pursuant to C.Cr.P. Art. 893(E)      (MM/DD/YYYY)
17( ) More than 10 years have passed
18since completion of sentence
19( ) Received a first offender pardon for an eligible offense
20NO. 2  La. Rev. Stat. Ann.  § _______ : ________
21( ) Conviction set aside/dismissed      _____/____/_______
22pursuant to C.Cr.P. Art. 893(E)      (MM/DD/YYYY)
23( ) More than 10 years have passed
24since completion of sentence
25( ) Received a first offender pardon for an eligible offense
26____ Yes ____ No     O PE R A T I N G      A M O T O R V E H I CL E WH I L E
27INTOXICATED CONVICTIONS
28Mover has attached the following:
29( )   A copy of the proof from the Department of Public Safety and
30Corrections, office of motor vehicles, that it has received from the
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1clerk of court a certified copy of the record of the plea, fingerprints
2of the defendant, and proof of the requirements set forth in C.Cr.P.
3Art. 556, which shall include the defendant's date of birth, last four
4digits of social security number, and driver's license number
55. Mover has attached to this Motion the following pertinent documents:
6G       Criminal Background Check from the La. State Police/Parish Sheriff
7dated within the past 60 days (required).
8G       Bill(s) of Information (if any).
9G       Minute entry showing final disposition of case (if any).
10G       Certification Letter from the District Attorney for fee waiver (if
11eligible).
12G       Certification Letter from the District Attorney verifying that the
13applicant has no convictions or pending applicable criminal charges
14in the requisite time periods.
15G       Certification Letter from the District Attorney verifying that the
16charges were refused.
17G       Certification Letter from the District Attorney verifying that the
18applicant did not participate in a pretrial diversion program.
19G        A copy of a first offender pardon.
20G       A copy of the order waiving the sex offender registration and
21notification requirements.
22G       A copy of the court order determination of factual innocence and
23order of compensation for a wrongful conviction pursuant to the
24provisions of R.S. 15:572.8 if applicable.
25The Mover prays that if there is no objection timely filed by the arresting law
26enforcement agency, the district attorney's office, or the Louisiana Bureau of
27Criminal Identification and Information, that an order be issued herein ordering the
28expungement of the record of arrest and/or conviction set forth above, including all
29photographs, fingerprints, disposition, or any other such information, which record
30shall be confidential and no longer considered a public record, nor be made available
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1to other persons, except a prosecutor, member of a law enforcement agency, or a
2judge who may request such information in writing, certifying that such request is
3for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
4purpose of any other statutorily defined law enforcement or administrative duties,
5or for the purpose of the requirements of sex offender registration and notification
6pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any
7other person for good cause shown, or as otherwise authorized by law.
8If an "Affidavit of No Opposition" by each agency named herein is attached
9hereto and made a part hereof, Defendant requests that no contradictory hearing be
10required and the Motion be granted ex parte.
11Respectfully submitted,
12____________________________________
13Signature of Attorney for Mover/Defendant
14____________________________________
15Attorney for Mover/Defendant Name
16____________________________________
17Attorney's Bar Roll No.
18____________________________________
19Address
20
21____________________________________
22City, State, ZIP Code
23____________________________________
24Telephone Number
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1If not represented by counsel:
2____________________________________
3Signature of Mover/Defendant
4____________________________________
5Mover/Defendant Name
6____________________________________
7Address
8
9____________________________________
10City, State, ZIP Code
11____________________________________
12Telephone Number
13*       *       *
14Art. 992. Order of expungement form to be used
15STATE OF LOUISIANA
16JUDICIAL DISTRICT FOR THE PARISH OF
17______________________________
18No.: ____________  Division: "_______"
19State of Louisiana
20vs.
21_______________________________________________________
22ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD
23Considering the Motion for Expungement
24G      The hearing conducted and evidence adduced herein, OR
25G      Affidavits of No Opposition filed,
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1IT IS ORDERED, ADJUDGED AND DECREED
2G      THE MOTION IS DENIED for No(s). __________ for the following
3reasons (check all that apply):
4G      More than five years have not elapsed since Mover completed the
5misdemeanor conviction sentence.
6G      More than ten years have not elapsed since Mover completed the felony
7conviction sentence.
8G      Mover was convicted of one of the following ineligible felony
9offenses:
10G      A violation of the Uniform Controlled Dangerous Substances Law
11which is ineligible to be expunged.
12G      An offense currently listed as a sex offense that requires registration
13pursuant to R.S. 15:540 et seq., at the time the Motion was filed,
14regardless of whether the duty to register was ever imposed.
15G      An offense defined or enumerated as a "crime of violence" pursuant
16to R.S. 14:2(B) at the time the Motion was filed.
17G      The arrest and conviction being sought to have expunged is for
18operating a motor vehicle while intoxicated and a copy of the proof
19from the Department of Public Safety and Corrections, office of
20motor vehicles, is not attached as required by C.Cr.P. Art. 984(A).
21G      Mover was convicted of a misdemeanor which arose from
22circumstances involving a sex offense as defined in R.S. 15:541.
23G      Mover was convicted of misdemeanor offense of domestic abuse
24battery which was not dismissed pursuant to C.Cr.P. Art. 894(B).
25G      Mover did not complete pretrial diversion.
26G      The charges against the mover were not dismissed or refused.
27G      Mover's felony conviction was not set aside and dismissed pursuant
28to C.Cr.P. Art. 893(E).
29G      Mover's felony conviction was not set aside and dismissed pursuant
30to C.Cr.P. Art. 894(B).
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1G       Mover completed a DWI pretrial diversion program, but five years
2have not elapsed since the mover's date of arrest.
3G       Mover's conviction for felony carnal knowledge of a juvenile is not
4defined as misdemeanor carnal knowledge of a juvenile had the
5mover been convicted on or after August 15, 2001.
6G       Mover was not convicted of a crime that would be eligible for
7expungement as required by C.Cr.P. Art. 978(E)(1).
8G       Mover has criminal charges pending against him.
9G       Mover was convicted of a criminal offense during the ten-year
10period, excluding any noncapital felony during the preceding ten-year
11period that would otherwise be eligible for expungement pursuant to
12C.Cr.P. Art. 978(F).
13G       Mover received a first offender pardon but for an ineligible offense.
14G       Mover did not receive a first offender pardon.
15G       Denial for any other reason provided by law with attached reasons for
16denial.
17G       THE MOTION IS HEREBY GRANTED for No(s). ____________
18and all agencies are ordered to expunge the record of arrest/conviction and any
19photographs, fingerprints, or any other such information of any kind maintained in
20connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which
21record shall be confidential and no longer considered a public record, nor be
22available to other persons except a prosecutor, member of a law enforcement agency,
23or a judge who may request such information in writing certifying that such request
24is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the
25purpose of any other statutorily defined law enforcement or administrative duties,
26or for the purpose of the requirements of sex offender registration and notification
27pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any
28other person for good cause shown, or as otherwise authorized by law.
29G       THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT
30BY REDACTION If the record includes more than one individual and the mover
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1is entitled to expungement by redaction pursuant to Code of Criminal Procedure
2Article 985, for No(s). ____________ and all agencies are ordered to expunge the
3record of arrest/conviction and any photographs, fingerprints, or any other such
4information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the
5above-captioned matter as they relate to the mover only. The record shall be
6confidential and no longer considered a public record, nor be available to other
7persons except a prosecutor, member of a law enforcement agency, or a judge who
8may request such information in writing certifying that such request is for the
9purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose
10of any other statutorily defined law enforcement or administrative duties, or for the
11purpose of the requirements of sex offender registration and notification pursuant to
12the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other
13person for good cause shown, or as otherwise authorized by law.
14NAME: _______________________________________________________
15(Last,  First,  MI)
16DOB: ______/_____/______ (MM/DD/YY)
17GENDER SEX:  _____ Female _____Male
18SSN (last 4 digits):   XXX-XX-_________
19RACE: _________________
20DRIVER LIC.# _________________
21ARRESTING AGENCY: ______________________________________
22SID# (if available):   _________________
23ARREST NUMBER (ATN): _________________
24AGENCY ITEM NUMBER: _________________
25ARREST DATE: ______/_____/______ (MM/DD/YY)
26THUS ORDERED AND SIGNED this _____ day of _______________, 20____
27at ________________________, Louisiana.
28___________________________________
29JUDGE
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1PLEASE SERVE:
21.      District Attorney: ______________________________________________
32.      Arresting Agency: _____________________________________________
43.      Parish Sheriff:________________________________________________
54.      Louisiana Bureau of Criminal Identification and Information___________
65.      Attorney for Defendant (or defendant)_____________________________
76.      Clerk of Court ____________________________
8*  *     *
9Art. 994. Motion for interim expungement form to be used
10STATE OF LOUISIANA
11JUDICIAL DISTRICT FOR THE PARISH OF
12______________________________
13No.: _____________  Division: "_______"
14State of Louisiana
15vs.
16_______________________________________________________
17MOTION FOR INTERIM EXPUNGEMENT
18NOW INTO COURT comes mover, who provides the court with the
19following information in connection with this request:
20I.      DEFENDANT INFORMATION
21NAME: ___________________________________________________________
22(Last,  First,  MI)
23DOB:  ________/______/_______ (MM/DD/YYYY)
24GENDER SEX  _____ Female _____Male
25SSN (last 4 digits):  XXX-XX-________
26RACE:  _________________
27DRIVER LIC.#  _________________
28ARRESTING AGENCY:  __________________________________________
29SID# (if available):  _________________
30ARREST NUMBER (ATN):  _________________
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1AGENCY ITEM NO. ________________
2Mover is entitled to an interim expungement of the entry of the felony
3charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article
4985.1 and states the following in support:
5II.     ARREST INFORMATION
61.      Mover was arrested on _______/______/_______ (MM/DD/YYYY)
72.      _____ YES _____ NO  A supplemental sheet with arrests and/or
8convictions is attached after page 2 of this
9Motion.
103.      Mover was:
11_____ YES _____ NO  Arrested for a felony offense.
12_____ YES _____ NO  Convicted of a misdemeanor arising out of
13that felony offense.
144.      Mover was booked and/or charged with the following offenses: (List each
15offense booked and charged separately. Attach a supplemental sheet, if
16necessary.)
17____ Yes ____ No      FELONY ARREST THAT RESULTED IN A
18MISDEMEANOR CONVICTION
19NO. 1  La. Rev. Stat. Ann.  § _______ : ________
20Name of the offense  __________________
21__________________
22(MM/DD/YYYY)
23( ) Felony charge dismissed.
24( ) Convicted of misdemeanor offense arising out of
25felony arrest.
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15.     Mover has attached to his Motion a criminal background check from the
2Louisiana State Police/Parish Sheriff dated within the past sixty days
3(required).
4The mover prays that if there is no objection timely filed by the arresting law
5enforcement agency, the District Attorney's Office, or the Louisiana Bureau of
6Criminal Identification and Information, that an order be issued herein ordering the
7Louisiana Bureau of Criminal Identification and Information to expunge the entry
8of the felony charge(s) listed contained in the criminal history; and further that the
9Clerk of Court, District Attorney, and arresting law enforcement agency expunge the
10entry of those felony charge(s) from any public indices.
11If an "Affidavit of No Opposition" by each agency named herein is attached
12hereto and made a part hereof, Defendant requests that no contradictory hearing be
13required and the Motion be granted ex parte.
14Respectfully submitted,
15____________________________________
16Signature of Attorney for Mover/Defendant
17____________________________________
18Attorney for Mover/Defendant Name
19____________________________________
20Attorney's Bar Roll No.
21____________________________________
22Address
23____________________________________
24City, State, ZIP Code
25____________________________________
26Telephone Number
27If not represented by counsel:
28____________________________________
29Signature of Mover/Defendant
30____________________________________
31Mover/Defendant Name
32____________________________________
33Address
34____________________________________
35City, State, ZIP Code
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1____________________________________
2Telephone Number
3PLEASE SERVE:
41.      District Attorney______________________________________________
52.      Louisiana Bureau of Criminal Identification and Information___________
63.      Arresting Agency ______________________________________________
7*       *       *
8Art. 997. Certification of human trafficking victim status
9STATE OF LOUISIANA
10   __________ JUDICIAL DISTRICT FOR THE PARISH OF ____________________
11 NO.:_________________________  DIVISION: _______________
12 STATE OF LOUISIANA
13 vs.
14 ________________________________
15CERTIFICATION OF HUMAN TRAFFICKING VICTIM STATUS
16In 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 RACE/GENDER  SEX:     _______________________DOB:
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:___________________
32FURTHER, 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.
35FURTHER, 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.
38FURTHER, 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).
41FURTHER, any application for expungement of the above-specified offense(s) shall
42 be at no cost to the above-named victim.
43 _______________________  __________________________________
44DATE  DISTRICT ATTORNEY
45PARISH OF
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1_____________ JUDICIAL DISTRICT
2STATE OF LOUISIANA
3*      *       *
4Art. 998. Motion for expungement form to be used for certain misdemeanor
5convictions
6STATE OF LOUISIANA
7JUDICIAL DISTRICT FOR THE PARISH OF
8______________________________
9     No.: _____________  Division: "_______"
10State of Louisiana
11vs.
12_______________________________________________________
13 MOTION FOR EXPUNGEMENT FOR MISDEMEANOR CONVICTION FOR A
14FIRST 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.
50Respectfully submitted,
51____________________________________
52Signature of Attorney for Mover/Defendant
53____________________________________
54Attorney for Mover/Defendant Name
55____________________________________
56Attorney's Bar Roll No.
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1____________________________________
2Address
3____________________________________
4City, State, ZIP Code
5____________________________________
6Telephone Number
7If not represented by counsel:
8____________________________________
9Signature of Mover/Defendant
10____________________________________
11Mover/Defendant Name
12____________________________________
13Address
14____________________________________
15City, State, ZIP Code
16____________________________________
17Telephone Number
18*       *      *
19Art. 999.1. Order form to be used; expedited expungement
20JUDICIAL DISTRICT FOR THE PARISH OF
21______________________________
22No.: _____________  Division: "_______"
23State of Louisiana
24vs.
25_______________________________________________________
26ORDER OF EXPUNGEMENT UNDER
27CODE OF CRIMINAL PROCEDURE ARTICLE 999
28Pursuant 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.
38IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following
39 charges and arrest on the dates provided herein be expunged.
40THUS ORDERED AND SIGNED, ADJUDGED, AND DECREED this ____ day
41 of ___________, 20 ____ at ______________, Louisiana, ___________________________.
42___________________________
43JUDGE
44DEFENDANT INFORMATION:
45NAME:________________________________________________
46First  Middle  Last
47DATE OF BIRTH:_____________
48GENDER SEX:_____________
49SS#___________________________
50RACE___________________________
51DRIVER'S LICENSE#___________________
52ARRESTING AGENCY___________________
53SID#___________________
54ARREST NUMBER (ATN)___________________
55AGENCY ITEM NO:________________________
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1PLEASE SERVE:
21. District Attorney:________________________________________________
32. Arresting Agency:_______________________________________________
43. Parish Sheriff:_______________________________________
54. Louisiana Bureau of Criminal Identification and Information
6_____________________________
75. Attorney for Defendant (or defendant)____________________________
86. Clerk of Court ____________________________
9*      *       *
10Section 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:
12Art. 106. Number, gender sex
13Unless the context clearly indicates otherwise:
14(1) Words used in the singular number apply also to the the plural; words
15used in the plural number include the singular.
16(2) Words used in one gender sex apply also to the other.
17*      *       *
18Art. 720. Motion for guardianship
19*      *       *
20B. The motion, case review report, or case plan shall include all of the
21following:
22(1) The name and gender sex of the child, and the date and place of the
23child's birth.
24*      *       *
25Art. 725. Findings and purpose
26The legislature finds that arresting, prosecuting, and incarcerating victimized
27children serves to re-traumatize them and to increase their feelings of low self-
28esteem, which only makes the process of recovery more difficult. Both federal and
29international law recognize that sexually exploited children are the victims of crime
30and should be treated as such. Therefore, sexually exploited children should not be
31prosecuted for criminal acts related to prostitution. Instead, sexually exploited
32children should, where possible, be diverted into services that address the needs of
33these children outside of the justice system. Sexually exploited children deserve the
34protection of child welfare services, including diversion, crisis intervention,
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1counseling, and emergency housing services. The purpose of this Chapter is to
2protect a child from further victimization after the child is discovered to be a
3sexually exploited child by ensuring that a child protective response is in place in the
4state. This is to be accomplished by presuming that any child engaged in prostitution,
5prostitution by massage, or crime against nature by solicitation is a victim of sex
6trafficking and providing these children with the appropriate care and services where
7possible. In determining the need for and capacity of services that may be provided,
8the Department of Children and Family Services shall recognize that sexually
9exploited children have separate and distinct service needs according to gender sex,
10and every effort should be made to ensure these children are not prosecuted or
11treated as juvenile delinquents, but instead are given the appropriate social services.
12*       *       *
13Art. 1217.1. Reporting requirement; statistical availability
14A. For each adopted child, the court shall ensure that the department receives
15all of the following information:
16*       *       *
17(4) The gender sex of the child.
18*       *       *
19Art. 1239.1. Reporting requirement; statistical availability
20A. For each adopted child, the court shall ensure that the department receives
21all of the following information:
22*       *       *
23(4) The gender sex of the child.
24*       *       *
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1Section 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.
4Section 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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