Text of LA HB 578 (2026)

HLS 26RS-1058 ORIGINAL 2026 Regular Session HOUSE BILL NO. 578 BY REPRESENTATIVE MIKE JOHNSON CIVIL/LAW: Provides for the Restoring Biological Truth Act 1 AN ACT 2 To amend and reenact Civil Code Article 14, Code of Civil Procedure Article 5055, Code 3 of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992, 994, 997, 998, and 4 999.1, Children's Code Articles 106, 720(B)(1), 725, 1217.1(A)(4), and 5 1239.1(A)(4), R.S. 1:8, R.S. 3:1493(E) and 2074(E), R.S. 4:158.2(A)(2) and 193(B), 6 R.S. 9:2720(D), R.S. 11:3390 and 3662, R.S. 13:1856(1) and 1857(A)(8)(d)(ii) and 7 (iii), R.S. 14:107.2(A), R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and 8 (14)(a)(ii) and (d)(ii), 933(D)(4) and (E)(1)(introductory paragraph), 934(B)(4), 9 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a), R.S. 17:17.5(B)(2), 100.13(G)(2)(f) 10 and (J), 221.3(B)(2)(d), 416(M), 416.21(N)(3)(a) and (b)(i)(aa) and(bb), 1519.7(C), 11 1871(A)(3), 1998, 3047.7(B)(2)(a), 3351(B)(2)(b)(ii), 3399.12(5)(i), 12 3911(B)(1)(i)(introductory paragraph) and (4)(a)(introductory paragraph), 13 3991(A)(1)(b)(iv) and (B)(3), and 5067(B)(7), R.S. 22:1204(A)(10)(b), 1504(1), 14 1545(I)(1)(introductory paragraph) and (J), 1808.2(H), 2161(B), 2187(D)(4), and 15 2503(9)(b)(introductory paragraph), R.S. 23:2043(B)(1), R.S. 27:46(B), R.S. 16 32:398.10(A)(2) and 429.3, R.S. 33:130.302(A)(2), 130.882(A)(2), 363(D), 17 2740.70.3(B)(2), 4071(A)(6), and 4720.301(G)(2), R.S. 36:108(B)(5), R.S. 18 37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2), 19 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory paragraph), Page 1 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1), 2 3554(A)(2), and 3703(B)(3), R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and 3 (m)(iv), and 2403(H)(1), R.S. 42:2.1(A) and 1132(B)(1)(a), (b), and (c), R.S. 4 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 1941.8(A)(introductory 5 paragraph), R.S. 47:337.14(E)(2) and 1702(6), R.S. 48:2134(C)(introductory 6 paragraph), R.S. 49:1112(B)(1), R.S. 51:942(A), R.S. 56:108(A) and 1705(C), and 7 Section 2 of Act 656 of the 2024 Regular Session, relative to use of terms; to provide 8 for the Restoring Biological Truth Act; to change references from gender to sex; to 9 provide with respect to definitions; to provide for the use of gender and number; to 10 provide for boards, commissions, and councils; to provide for statistical data 11 collection and reporting; to provide for various technical revisions; and to provide 12 for related matters. 13 Be it enacted by the Legislature of Louisiana: 14 Section 1. Civil Code Article 14 is hereby amended and reenacted to read as follows: 15 Art. 14. Use of gender sex 16 Unless the context indicates otherwise, words used with reference to one 17 gender sex apply to the other genders sex. 18 Section 2. R.S. 1:8 is hereby amended and reenacted to read as follows: 19 §8. One gender sex may denote others 20 A. Words used in reference to one gender sex apply also to the other genders 21 sex, except as otherwise clearly indicated by the context. 22 B. "Sex" means an individual's biological sex, either male or female, as 23 observed or clinically certified at birth. Gender identity and other subjective terms 24 shall not be used as synonyms or substitutes for sex. 25 Section 3. R.S. 3:1493(E) and 2074(E) are hereby amended and reenacted to read 26 as follows: 27 §1493. Louisiana Industrial Hemp Promotion and Research Advisory Board; 28 creation and organization 29 * * * Page 2 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 E. Appointments to the board shall be made no later than September 1, 2022. 2 Each appointing authority shall notify the commissioner of the appointment. The 3 board should be representative of the state's population by race and gender sex to 4 ensure diversity. 5 * * * 6 §2074. Louisiana Equine Promotion and Research Advisory Board; creation and 7 organization 8 * * * 9 E. An organization authorized to make nominations for appointment to the 10 board shall submit its list of nominees within thirty days after the commissioner 11 requests the list. The commissioner shall make all appointments to the board no later 12 than thirty days after receiving the list of nominees. The board should be 13 representative of the state's population by race and gender sex to ensure diversity. 14 * * * 15 Section 4. R.S. 4:158.2(A)(2) and 193(B) are hereby amended and reenacted to read 16 as follows: 17 §158.2. Quarterly reporting of professional services information 18 A. Each association or licensee as defined in R.S. 4:143 shall submit to the 19 commission, the Senate Committee on Judiciary B, and the House Committee on 20 Commerce all of the following: 21 * * * 22 (2) A report on the demographic information of the association's or licensee's 23 workforce, including but not limited to race, gender sex, and Louisiana residency. 24 * * * 25 §193. Categories of persons subject to exclusion and ejection; civil liberties 26 * * * 27 B. No person may be excluded or ejected on account of race, color, creed, 28 national origin, ancestry, disability, as defined in R.S. 51:2232, or gender sex. 29 * * * Page 3 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Section 5. R.S. 9:2720(D) is hereby amended and reenacted to read as follows: 2 §2720. Enforceability of gestational carrier contract 3 * * * 4 D. No person shall enter into a gestational carrier contract that requires the 5 gestational carrier to consent to terminate a pregnancy resulting from in utero 6 embryo transfer for any reason, including a prenatal diagnosis of an actual or 7 potential disability, impairment, genetic variation, or any other health condition or 8 a discrimination based on gender sex, or for the purposes of the reduction of multiple 9 fetuses. Any such provision in a contract executed in the state of Louisiana or any 10 other state shall be absolutely null and unenforceable in the state of Louisiana as 11 contrary to public policy. 12 Section 6. R.S. 11:3390 and 3662 are hereby amended and reenacted to read as 13 follows: 14 §3390. Beneficiaries 15 For the purposes of this Part, whenever reference is made to gender sex, the 16 masculine shall include the feminine, the feminine shall include the masculine, and 17 in particular with reference to Sections 3363, 3378, 3379, 3385, and 3388 without 18 limiting the generality of the above, whenever reference is made to widows of 19 members of the fire department, it shall also apply to widowers of said members. 20 * * * 21 §3662. One gender sex may denote others 22 For the purposes of this Subpart, whenever reference is made to gender sex, 23 the masculine shall include the feminine, the feminine shall include the masculine, 24 and in particular with reference to Sections 3631, 3648, 3656, and 3660; without 25 limiting the generality of the above, whenever reference is made to widows of 26 members, it shall also apply to widowers of said members. 27 * * * 28 Section 7. R.S. 13:1856(A)(1) and 1857(A)(8)(d)(ii) and (iii) are hereby amended 29 and reenacted to read as follows: Page 4 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §1856. Contents of petition 2 A petition under this Part shall be verified and include a copy of any existing 3 child-custody determination, if available. The petition shall specify the risk factors 4 for abduction, including the relevant factors described in R.S. 13:1857. Subject to 5 the provisions of R.S. 13:1821(E), if reasonably ascertainable, the petition shall 6 contain: 7 (1) The name, date of birth, and gender sex of the child. 8 * * * 9 §1857. Factors to determine risk of abduction 10 A. In determining whether there is a credible risk of abduction of a child, the 11 court shall consider all of the following factors and any evidence that the petitioner 12 or respondent: 13 * * * 14 (8) Is likely to take the child to a country that either: 15 * * * 16 (d) Has laws or practices that would either: 17 * * * 18 (ii) Restrict the petitioner from freely traveling to or exiting from the country 19 because of the petitioner's gender sex, nationality, marital status, or religion. 20 (iii) Restrict the child's ability legally to leave the country after the child 21 reaches the age of majority because of a child's gender sex, nationality, or religion. 22 * * * 23 Section 8. R.S. 14:107.2(A) is hereby amended and reenacted to read as follows: 24 §107.2. Hate crimes 25 A. It shall be unlawful for any person to select the victim of the following 26 offenses against person and property because of actual or perceived race, age, gender 27 sex, religion, color, creed, disability, sexual orientation, national origin, or ancestry 28 of that person or the owner or occupant of that property or because of actual or 29 perceived membership or service in, or employment with, an organization, or 30 because of actual or perceived employment as a law enforcement officer, firefighter, Page 5 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 or emergency medical services personnel: first or second degree murder; 2 manslaughter; battery; aggravated battery; second degree battery; aggravated assault 3 with a firearm; terrorizing; menacing; mingling harmful substances; simple or third 4 degree rape, forcible or second degree rape, or aggravated or first degree rape; sexual 5 battery; second degree sexual battery; oral sexual battery; carnal knowledge of a 6 juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with 7 a physical or mental disability; simple, second degree, or aggravated kidnapping; 8 simple or aggravated arson; communicating of false information of planned arson; 9 simple or aggravated criminal damage to property; contamination of water supplies; 10 simple or aggravated burglary; criminal trespass; simple, first degree, or armed 11 robbery; purse snatching; extortion; theft; desecration of graves; institutional 12 vandalism; or assault by drive-by shooting. 13 * * * 14 Section 9. R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and (14)(a)(ii) and 15 (d)(ii), 933(D)(4) and (E)(1), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a) are 16 hereby amended and reenacted to read as follows: 17 §827.3. Savings attributable to criminal justice reforms; data collection and 18 reporting requirements to the Joint Legislative Committee on the Budget 19 A. 20 * * * 21 (2) Each fiscal year, the annual savings shall be allocated as follows: 22 * * * 23 (c) Forty-five percent shall be allocated to the Louisiana Community and 24 Technical College System for targeted investments in educational and vocational 25 training aimed at recidivism reduction programming for adult and juvenile offenders. 26 Such funds shall be utilized in connection with any other available sources of federal 27 or state aid or training funds. The Louisiana Community and Technical College 28 System shall provide a report to the legislature by December fifteenth of each year 29 which shall include but not be limited to the following: Page 6 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (i) A detailed description of the number of people trained categorized by age, 2 race, gender sex, and geographic region. 3 * * * 4 §832. Work by inmates; allowance 5 A. The department shall provide employment opportunities and vocational 6 training for all inmates, regardless of gender sex, consistent with available resources, 7 physical custody, and appropriate classification criteria. Insofar as is possible, the 8 equipment used in such programs, the conditions of employment, the management 9 practices, and the general operating procedures thereof shall approximate those of 10 private industry. The provisions of Part IX of Chapter 2 of Title 51 of the Louisiana 11 Revised Statutes of 1950 with respect to prison-made goods shall be applicable to 12 goods made, manufactured, or produced by the inmates of all institutions and 13 facilities, under the jurisdiction of the department. 14 * * * 15 §905. Rules and regulations; education; training and discipline; work opportunities; 16 vocational training; contracts and agreements; solitary confinement 17 * * * 18 F. 19 * * * 20 (13) Every instance of solitary confinement shall be documented 21 electronically and in the aggregate. Unidentified data on the frequency and length 22 of time that the juvenile spends in solitary confinement shall be available upon 23 request as a public record. Documentation of the solitary confinement shall include 24 all of the following: 25 * * * 26 (b) The race, ethnicity, age, gender sex, and disability status of the juvenile. 27 * * * Page 7 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (14)(a) The office of juvenile justice shall submit a report on the use of 2 solitary confinement quarterly to the Juvenile Justice Reform Act Commission. This 3 report shall include all of the following: 4 * * * 5 (ii) The race, ethnicity, age, gender sex, and disability status of each juvenile 6 placed in solitary confinement. 7 * * * 8 (d) The office of juvenile justice shall post a report on the use of solitary 9 confinement on its website quarterly with deidentified aggregate data including but 10 not limited to all of the following: 11 * * * 12 (ii) Race and ethnicity, age, and gender sex of juveniles placed in solitary 13 confinement. 14 * * * 15 §933. Office of juvenile justice; statistical data collection; reporting 16 * * * 17 D. Data to be collected and maintained. The data collected and maintained 18 under this Section shall include but not be limited to the following data points for 19 each child served: 20 * * * 21 (4) Gender Sex. 22 * * * 23 E. Data to be reported. The reports mandated by the office of juvenile 24 justice shall include but not be limited to the following data: 25 (1) Disaggregated by race, ethnicity, gender sex, parish of prosecution, and 26 most serious offense of adjudication, data including: 27 * * * 28 §934. Detention centers 29 * * * Page 8 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 B. The data collected and maintained shall include but not be limited to the 2 following information for each child: 3 * * * 4 (4) Gender Sex. 5 * * * 6 §1110. Purpose and reasons for detention; detention standards; licensing; fees 7 * * * 8 D. 9 * * * 10 (3) A copy of the completed detention screening instrument shall be 11 provided to the juvenile detention facility for any child who is admitted into its 12 custody. The juvenile detention facility shall keep a record of the results of the 13 detention screening instrument and the recommendation made based upon the 14 instrument to either detain the child, release the child with conditions, or release the 15 child without conditions. This record shall include the parish in which the child was 16 taken into custody, the most serious charge for which the child was taken into 17 custody, and demographic information about the child including but not limited to 18 race, ethnicity, gender sex, and age. This information shall be aggregated and 19 submitted quarterly to the Louisiana Commission on Law Enforcement and 20 Administration of Criminal Justice which shall annually provide such information 21 to the JDAI Collaborative. 22 * * * 23 §1204.2. Creation of system; functions; powers; duties 24 * * * 25 B. The system, by and through the commission, shall have the following 26 functions, powers, and duties: 27 * * * 28 (4) To prepare and distribute, to all such persons and agencies, forms to be 29 used in reporting data to the system. The forms shall provide for information Page 9 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 regarding crimes which are directed against individuals or groups, or their property, 2 by reason of their actual or perceived race, age, gender sex, religion, color, creed, 3 disability, sexual orientation, national origin, or ancestry or by reason of their actual 4 or perceived membership or service in, or employment with, an organization as 5 defined in R.S. 14:107.2. The forms shall also provide for other items of information 6 needed by federal and state bureaus or departments engaged in the development of 7 national and state statistics. 8 * * * 9 §1228.9. Impaired Driver Tracking System; purpose; procedure 10 * * * 11 D.(1) Every law enforcement agency in this state, including but not limited 12 to city police departments, sheriffs' offices, and state police shall submit the 13 following information to the impaired driver tracking system component of ICJIS, 14 when a person is arrested for any offense listed in Subsection C of this Section: 15 (a) The law enforcement agency making the arrest shall provide sufficient 16 information about the arrested person so that other law enforcement agencies, courts, 17 the Department of Public Safety and Corrections, and other relevant persons or 18 agencies can identify the person arrested, including but not limited to name, address, 19 driver's license number, date of birth, and physical characteristics, such as eye color, 20 hair color, and gender sex. 21 * * * 22 Section 10. R.S. 17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 23 416.21(N)(3)(a) and (b)(i)(aa) and (bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 24 3351(B)(2)(b)(ii), 3399.12(5)(i), 3911(B)(1)(i) and (4)(a), 3991(A)(1)b)(iv) and (B)(3), and 25 5067(B)(7) are hereby amended and reenacted to read as follows: 26 §17.5. Physical fitness assessment; statewide expansion program 27 * * * 28 B. For purposes of the expansion program, the Cecil J. Picard Center, in 29 collaboration with the Department of Education and the Louisiana Department of Page 10 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Health, shall continue use of the physical fitness assessment instrument used for the 2 pilot program which shall: 3 * * * 4 (2) Include criterion-referenced standards specific to a student's race, age, 5 and gender sex and based on the physical fitness level required for good health. 6 * * * 7 §100.13. Expanded academic support 8 * * * 9 G. 10 * * * 11 (2) In approving high-quality tutoring providers, the department shall require 12 the tutoring providers to: 13 * * * 14 (f) Provide evidence of impact on student outcomes disaggregated by student 15 groups according to race, gender sex, ethnicity, economically disadvantaged 16 students, English language learner status, disability status, and geographic location. 17 Tutoring providers may demonstrate impact through either adherence to the 18 program's model design by aligning with the components of high-dosage tutoring or 19 by having evidence of positive and statistically significant gains in student learning 20 outcomes based on a well-designed randomized controlled trial or 21 quasi-experimental design that provides the basis for evidence of causal program 22 impact and which is conducted by an external third-party researcher. 23 * * * 24 J. The department shall create reporting templates, procedures, and 25 definitions for reporting metrics for city, parish, and other local public school boards 26 to use in collecting and reporting tutoring-related data to the department including 27 changes in academic performance of participating students disaggregated by student 28 groups according to race, gender sex, ethnicity, economically disadvantaged 29 students, English language learner status, disability status, and geographic location. 30 To the extent possible, the department shall leverage existing reporting processes and Page 11 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 systems to reduce the reporting burden on local education agencies and public 2 charter schools. 3 * * * 4 §221.3. Student enrollment notification; required schools and programs; content 5 * * * 6 B. 7 * * * 8 (2) Such notification shall: 9 * * * 10 (d) Be a written notification of enrollment which may be a written request 11 for a student's transcript if such transcript request occurs after the student has been 12 accepted for enrollment, with such written request or notification containing at a 13 minimum the student's legal name, date of birth, gender sex, and race. 14 * * * 15 §416. Discipline of students; suspension; expulsion 16 * * * 17 M. The state Department of Education shall publish annually and publish on 18 its website data regarding disciplinary removals disaggregated at the state, system, 19 and school level and also disaggregated and capable of cross-tabulation by the 20 characteristics of gender sex, race, disability, English language learner status, and 21 economically disadvantaged status. In reporting such data, the department shall 22 comply with all federal and state privacy laws and shall strive to ensure that all 23 relevant state accountability metrics are valid and reliable. 24 * * * 25 §416.21. Behavior of students with exceptionalities; use of seclusion and physical 26 restraint 27 * * * 28 N. 29 * * * Page 12 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (3)(a) The state Department of Education shall maintain a database of all 2 reported incidents of seclusion and physical restraint of students with 3 exceptionalities and shall disaggregate the data for analysis by school; student age, 4 race, ethnicity, and gender sex; student disability, where applicable; and any 5 involved school employees. 6 (b)(i) Based upon the data collected, the state Department of Education shall 7 annually compile a comprehensive report regarding the use of seclusion and physical 8 restraint of students with exceptionalities, which shall at a minimum include the 9 following: 10 (aa) The number of incidents of physical restraint disaggregated by school 11 system; student age, race, ethnicity, gender sex, and student disability classification. 12 (bb) The number of incidents of seclusion disaggregated by school system; 13 student age, race, ethnicity, gender sex, and student disability classification. 14 * * * 15 §1519.7. Hospital advisory committees 16 * * * 17 C. In selecting community advisory committee members, an effort shall be 18 made to reflect the demographic diversity of the community the hospital serves 19 including age, gender sex, race, and other relevant factors. The board shall solicit 20 and accept nominations from the community at large and from organizations 21 representing community interests, including without limitation health professionals, 22 religious and community leaders, consumer advocates, and consumers of hospital 23 services. 24 * * * 25 §1871. Board of Supervisors of Community and Technical Colleges; establishment; 26 members; qualifications and terms; vacancies; duties 27 A. 28 * * * Page 13 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (3) The board should be representative of the state's population by race and 2 gender sex to ensure diversity. 3 * * * 4 §1998. Advisory councils 5 The board, upon the recommendation of the directors of postsecondary 6 vocational-technical schools, shall appoint an advisory council on career education 7 for each school. The members of all such advisory councils in this state shall serve 8 without pay. Each such council shall be limited to fifteen members and be 9 representative of the state's population by race and gender sex to ensure diversity and 10 shall be representative equally of employee, employer, and educational and public 11 interests. 12 * * * 13 §3047.7. Reporting system; implementation; requirements; applicability; 14 participation by eligible institutions 15 * * * 16 B. The information reporting system shall include the following: 17 * * * 18 (2)(a) Demographic information of award recipients, including age, race, 19 gender sex, and household income. 20 * * * 21 §3351. General powers, duties, and functions of postsecondary education 22 management boards 23 * * * 24 B. In addition to the powers and duties vested by Subsection A of this 25 Section and any other applicable laws, each board, as soon as practicable, shall 26 adopt: 27 * * * 28 (2) Rules and regulations which may provide for: 29 * * * Page 14 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (b) 2 * * * 3 (ii) Such rules and regulations may include the establishment, award, and 4 continuance of tuition waivers to any student for purposes of gender sex equity who 5 participates in an intercollegiate athletic program and who is pursuing an 6 undergraduate degree provided that the student meets the academic standards and 7 complies with the rules and regulations of the college or university such student is 8 attending relative to requirements for attendance as a full-time student. The tuition 9 waivers may be offered at any campus under the jurisdiction of each management 10 board; however, no management board shall issue more than an aggregate of fifty 11 tuition waivers per campus during an academic year and not more than fifty percent 12 of such tuition waivers shall be issued to out-of-state residents. 13 * * * 14 §3399.12. Definitions 15 As used in this Part, the following terms have the following meanings unless 16 the context clearly indicates otherwise: 17 * * * 18 (5) "Power-based violence" means any form of interpersonal violence 19 intended to control or intimidate another person through the assertion of power over 20 the person and shall include the following: 21 * * * 22 (i) Unwelcome sexual or sex- or gender-based conduct that is objectively 23 offensive, has a discriminatory intent, and lacks a bona fide academic purpose. 24 * * * 25 §3911. Data collection system; establishment 26 * * * 27 B.(1) 28 * * * 29 (i) Student discipline information, in total and by unduplicated counts, 30 disaggregated by race, ethnicity, gender, sex, English learner status, and students Page 15 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 with exceptionalities, excluding gifted and talented, in accordance with data 2 collection conducted pursuant to 20 U.S.C. 3413(c)(1), including but not limited to 3 the following: 4 * * * 5 (4)(a) The department shall annually collect the following data elements for 6 students with an exceptionality by each disability classification, including breakouts 7 of each speech or language impairment category and breakouts of each intellectual 8 disability category, not including students identified exclusively as gifted and 9 talented, for each city, parish, or other local public school board. The following data 10 elements shall be reported for each disability classification in total as well as by 11 unduplicated counts by race, gender, age, and sex: 12 * * * 13 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation; 14 board membership 15 A.(1) 16 * * * 17 (b) 18 * * * 19 (iv) Beginning with the 2019-2020 school year, the governing or 20 management board of each charter school, other than a Type 2 charter school, 21 located in a parish with a population of between three hundred twenty-five thousand 22 and three hundred seventy-five thousand persons, based on the most recent federal 23 decennial census, shall be representative of the community in which the charter 24 school is located by race and gender sex to ensure diversity, and no fewer than sixty 25 percent of its members shall reside in the parish in which the school is located. 26 * * * 27 B. Each proposed charter shall contain or make provision for the following: 28 * * * 29 (3) Admission requirements, if any, that are consistent with the school's role, 30 scope, and mission may be established pursuant to rules promulgated by the state Page 16 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 board. Such admission requirements shall be specific and shall include a system for 2 admission decisions which precludes exclusion of pupils based on race, religion, 3 gender sex, ethnicity, national origin, intelligence level as ascertained by an 4 intelligence quotient examination, identification as a student with an exceptionality 5 as defined in R.S. 17:1942(B), or identification as a student who is economically 6 disadvantaged. Such admission requirements may include, however, specific 7 requirements related to a school's mission such as auditions for schools with a 8 performing arts mission or proficiency in a foreign language for schools with a 9 language immersion mission. Any school which was chartered prior to July 1, 2012, 10 and which incorporated achievement of a certain academic record as part of its 11 admission requirements may continue to use such admission requirements. No local 12 board shall assign any pupil to attend a charter school, except that a local board in 13 a district in which fifty percent or more of the public schools in the district are 14 charter schools and that uses a single application and enrollment process adopted by 15 the local board for public school enrollment may assign a pupil to a charter school 16 based on such enrollment process, the preferences of the pupil's parent or legal 17 guardian, the charter school's admission requirements, the charter contract, and the 18 local board's policies. 19 * * * 20 §5067. Program information reporting system; implementation; requirements; 21 applicability; participation by eligible institutions and others 22 * * * 23 B. The Taylor Opportunity Program for Students information reporting 24 system shall include but not be limited to the following: 25 * * * 26 (7) Demographic information of program award recipients, including but not 27 limited to race and gender sex. 28 * * * Page 17 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Section 11. R.S. 22:1204(A)(10)(b), 1504(l), 1545(I)(1)(introductory paragraph) and 2 (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(introductory paragraph) are hereby 3 amended and reenacted to read as follows: 4 §1204. Board of directors 5 A. The board of directors shall be composed of the commissioner of 6 insurance or his designee, who shall serve as an ex officio, nonvoting member of the 7 board, and twelve members to be selected from the groups and in the manner as 8 follows: 9 * * * 10 (10) 11 * * * 12 (b) The commissioner shall make all diligent efforts to make selections from 13 these three groups that will represent a racial, ethnic, and gender sex reflection of the 14 state for the board of directors. 15 * * * 16 §1504. Use of credit information 17 An insurer authorized to do business in Louisiana that uses credit information 18 to underwrite or rate risks shall not: 19 (1) Use an insurance score that is calculated using income, gender sex, 20 address, zip code, ethnic group, religion, marital status, or nationality of the 21 consumer as a factor. 22 * * * 23 §1545. Examination 24 * * * 25 I.(1) The commissioner of insurance shall prepare, publicly announce, and 26 publish a report that summarizes statistical information relating to life insurance 27 producer examinations administered during the preceding calendar year. Each report 28 shall include the following information for all examinees combined and separately 29 by gender, race or ethnicity, race or ethnicity within gender sex, education level, and 30 native language: Page 18 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 * * * 2 J. The commissioner of insurance may provide to a testing service provider 3 under contract with the Department of Insurance any demographic information 4 received by the department on applications relating to examinations taken to qualify 5 for an insurance producer license if the commissioner requires the provider to review 6 and analyze examination results in conjunction with the education level, gender sex, 7 native language, race, or ethnicity of examinees. 8 * * * 9 §1808.2. Examination 10 * * * 11 H. The commissioner of insurance may provide to a testing service provider 12 under contract with the Department of Insurance any demographic information 13 received by the department on applications relating to examinations taken to qualify 14 for an insurance consultant license if the commissioner requires the provider to 15 review and analyze examination results in conjunction with the education level, 16 gender sex, native language, race, or ethnicity of examinees. 17 §2161. Powers of the commissioner; creation of advisory boards 18 * * * 19 B. The commissioner shall appoint the members of any advisory board 20 created pursuant to this Section. The commissioner shall ensure that his 21 appointments demonstrate race, gender sex, ethnic, and geographical diversity. The 22 commissioner shall promulgate rules and regulations in accordance with the 23 Administrative Procedure Act providing for the creation, governance, duties, and 24 termination of any advisory board created pursuant to this Section. 25 * * * 26 §2187. Actuarial reviews of proposed healthcare legislation 27 * * * 28 D. Contractors shall provide all of the following in the report of an actuarial 29 review performed pursuant to this Section: 30 * * * Page 19 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (4) If available, information concerning who would benefit from any cost 2 changes and health benefits from the legislative proposal, as identified in Paragraphs 3 (C)(3) through (8) of this Section, and any disproportionate effects that the 4 legislative proposal would have on state residents, which information, if available, 5 shall be disaggregated, at a minimum, by race, ethnicity, sex, gender sex, and age. 6 * * * 7 §2503. Definitions 8 As used in this Chapter, the following definitions apply: 9 * * * 10 (9) "Nonpublic information" means electronic information that is not 11 publicly available information and is any of the following: 12 * * * 13 (b) Any information or data, except age or gender sex, in any form or 14 medium created by or derived from a healthcare provider or a consumer, that can be 15 used to identify a particular consumer, and that relates to any of the following: 16 * * * 17 Section 12. R.S. 23:2043(B)(1) is hereby amended and reenacted to read as follows: 18 §2043. Members 19 * * * 20 B.(1) In making the appointments, the governor shall, as nearly as 21 practicable, appoint members in a manner that is representative of the population of 22 the regions of the state and shall consider factors including but not limited to race, 23 color, religion, gender sex, and national origin. 24 * * * 25 Section 13. R.S. 27:46(B) is hereby amended and reenacted to read as follows: 26 §46. Quarterly reporting of professional services and employment information 27 * * * 28 B. In addition to the report required by Subsection A of this Section, each 29 holder of a license as defined in R.S. 27:44 shall submit to the board, the Senate 30 Committee on Judiciary B, and the House Committee on the Administration of Page 20 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Criminal Justice a report of the demographic information of their workforce, 2 including but not limited to race, gender sex, and Louisiana residency. 3 * * * 4 Section 14. R.S. 32:398.10(A)(2) and 429.3 are hereby amended and reenacted to 5 read as follows: 6 §398.10. Collection and reporting of statistical information relating to traffic stops 7 A. All law enforcement officers defined as a peace officer in R.S. 40:2402 8 shall record and retain the following information: 9 * * * 10 (2) Characteristics of race, gender sex, age, and state of residence of such 11 persons, provided the identification of such characteristics shall be based on the 12 observation and perception of the law enforcement officer responsible for reporting 13 the stop and the information shall not be required to be provided by the person 14 stopped. 15 * * * 16 §429.3. Collection and reporting of statistical information relating to migration of 17 residents 18 The Department of Public Safety and Corrections, office of motor vehicles, 19 shall collect statistical information regarding the gender sex and age of residents 20 moving from parish to parish and residents moving into and out of Louisiana. The 21 office of motor vehicles shall provide a report of this information, sorted by age, by 22 gender sex, by parish, and by state, to the governor, the lieutenant governor, and the 23 secretaries of each state department annually on or before January first of each year. 24 * * * 25 Section 15. R.S. 33:130.302(A)(2), 130.882(A)(2), 363(D), 2740.70.3(B)(2), 26 4071(A)(6), and 4720.301(G)(2) are hereby amended and reenacted to read as follows: 27 Page 21 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §130.302. Board of commissioners; members; officers; employees 2 A. 3 * * * 4 (2) All commissioners shall be qualified voters and taxpayers within the 5 limits of the district during their term of office and shall reside in St. Landry Parish 6 or within an adjoining parish. In making appointments to the commission, the 7 appointing authorities shall make every effort within the law to provide for racial and 8 gender sex diversity among commissioners and shall make reasonable efforts to 9 ensure that the racial proportion of the appointees reflects the same racial proportion 10 of St. Landry Parish. 11 * * * 12 §130.882. Board of commissioners; members; officers; employees 13 A. 14 * * * 15 (2) Each commissioner shall be a qualified voter and taxpayer within the 16 limits of the district during his term of office and shall reside in St. Martin Parish. 17 In making appointments to the commission, the appointing authorities shall make 18 every effort within the law to provide for racial and gender sex diversity among 19 commissioners and shall make reasonable efforts to ensure that the racial proportion 20 of the appointees reflects the same racial proportion of St. Martin Parish. 21 * * * 22 §363. Village of Palmetto in St. Landry Parish; authority to provide academic 23 scholarships 24 * * * 25 D. Such ordinance or resolution shall provide procedures and criteria for 26 application for and award of such scholarships. Each student to whom a scholarship 27 is awarded shall be a resident of the village of Palmetto in St. Landry Parish, shall 28 be accepted to attend or be enrolled as an undergraduate student in a Louisiana 29 institution of higher education, shall have a cumulative high school or college grade 30 point average of at least three points when calculated on a four-point basis, and shall Page 22 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 be adjudged needy by standards equivalent to or more stringent than those of 2 nationally recognized analyses such as those used by the College Scholarship Service 3 or the American College Testing Service. In the event that no student meets the 4 residency criterion, a scholarship may be awarded to a student whose parent or legal 5 guardian is a utility customer of the village in good standing. The village governing 6 authority may establish additional criteria and procedures as are necessary to 7 administer the scholarships. In the administration of the program, no student shall 8 be discriminated against on the basis of race, color, gender sex, disability, as defined 9 in R.S. 51:2232, national origin, or creed. 10 * * * 11 §2740.70.3. Evangeline Economic Development Authority 12 * * * 13 B. 14 * * * 15 (2) The members of the board shall include representatives from the business 16 community, health care, legal and professional services, small business owners, 17 financial institutions, manufacturing or service companies, local and regional 18 educational systems or institutions, and parish and municipal government 19 organizations. The board shall be representative of the parish's population by age, 20 race, and gender sex to ensure diversity. 21 * * * 22 §4071. Creation and organization of sewerage and water board 23 A. 24 * * * 25 (6) The appointments to the board shall reflect the racial and gender sex 26 diversity of the population of the city of New Orleans to the extent practicable. 27 * * * Page 23 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §4720.301. Shreveport Implementation and Redevelopment Authority 2 * * * 3 G. 4 * * * 5 (2) The board shall be representative of the city's population by race and 6 gender sex to ensure diversity. 7 * * * 8 Section 16. R.S. 36:108(B)(5) is hereby amended and reenacted to read as follows: 9 §108. Offices; purposes and functions 10 * * * 11 B. The office of economic development shall perform the following 12 functions of the state: 13 * * * 14 (5) The office shall provide services to small and medium-sized businesses 15 in Louisiana, without regard to race or gender sex, and encourage and support the 16 startup of new small businesses and the growth and retention of existing Louisiana 17 firms. 18 * * * 19 Section 17. R.S. 37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 20 2102(A)(2), 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A), 3061(A)(2)(c), 21 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1), 3554(A)(2), and 22 3703(B)(3) are hereby amended and reenacted to read as follows: 23 §832. Louisiana State Board of Embalmers and Funeral Directors; appointments; 24 terms of office 25 A. 26 * * * 27 (2) The board shall consist of nine members to be appointed by the governor, 28 subject to Senate confirmation, as further provided in Subsection B of this Section. 29 All members of the board shall serve at the pleasure of the governor for terms of four Page 24 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 years. The governor shall ensure that his appointments demonstrate race, gender sex, 2 ethnic, and geographical diversity. 3 * * * 4 §914. Louisiana State Board of Nursing; appointment of members; term of office; 5 vacancy; officers; compensation 6 * * * 7 B. 8 * * * 9 (3) The governor shall ensure that his appointments demonstrate gender sex, 10 gender, ethnic, and geographical diversity. 11 * * * 12 §962. Louisiana State Board of Practical Nurse Examiners; method of appointment 13 * * * 14 C. The appointment of members of the board shall be made from a list, 15 containing twice the number of eligibles to be appointed, submitted to the governor 16 by the Louisiana State Medical Society where the appointee shall be a licensed 17 physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of 18 the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of 19 the practical nurses, by the Louisiana Nursing Home Association, for one practical 20 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the 21 Louisiana State Nurses Association where the appointee shall be a registered nurse. 22 The consumer member may apply directly to the office of the governor. The 23 governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and 24 geographical diversity. 25 * * * 26 §1042. Louisiana State Board of Optometry Examiners; appointment; terms of 27 members; protected action and communication 28 * * * 29 B.(1) 30 * * * Page 25 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (b) One licensed optometrist member of the board shall be appointed by the 2 governor from each of the five board districts in accordance with this Subsection. 3 The governor shall ensure that his appointments demonstrate race, gender sex, 4 ethnic, and geographical diversity. 5 * * * 6 §1104. Louisiana Licensed Professional Counselors Board of Examiners 7 A. There is hereby created in the Louisiana Department of Health the 8 Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred 9 to as the "board", consisting of eleven members who shall be residents of the state 10 of Louisiana. Each term shall be for four years. Seven appointments to the board, 11 including one consumer from the public at large, shall be made by the governor from 12 a list of qualified candidates submitted by the executive board of the Louisiana 13 Counseling Association. The consumer member may also apply directly to the office 14 of the governor. Four appointments to the board shall be made by the governor from 15 a list of qualified candidates submitted by the executive board of the Louisiana 16 Association for Marriage and Family Therapy. Each appointment by the governor 17 shall be submitted to the Senate for confirmation. The governor shall ensure that his 18 appointments demonstrate race, gender sex, ethnic, and geographical diversity. 19 * * * 20 §1172. Membership 21 A. The board shall consist of seventeen members appointed by the governor, 22 including two licensed pharmacists from each of the pharmacy districts as provided 23 in R.S. 37:1173 and one representative of the consumers of Louisiana from the state 24 at-large who possess the qualifications specified in R.S. 37:1174. The governor shall 25 ensure that his appointments demonstrate race, gender sex, ethnic, and geographical 26 diversity. 27 * * * 28 §2102. Board of Examiners; creation; domicile; membership; terms of office 29 A. 30 * * * Page 26 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (2) The governor shall ensure that his appointments demonstrate race, gender 2 sex, ethnic, and geographical diversity. 3 * * * 4 §2353. State board of examiners; organization; duties; meetings; fees 5 A. 6 * * * 7 (2) The governor shall appoint members for terms of five years. Each 8 appointment by the governor shall be subject to Senate confirmation. A board 9 member shall not be eligible to succeed himself. All psychologist appointments shall 10 be from a list provided by the Louisiana Psychological Association. The list shall 11 report the results of an election in which persons qualified for board membership 12 may nominate themselves and in which licensed members of the Louisiana 13 Psychological Association and other persons licensed in accordance with the 14 provisions of this Chapter are entitled to one vote for each vacancy on the board. 15 The consumer member may apply directly to the office of the governor. The 16 governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and 17 geographical diversity. 18 * * * 19 §2403. Physical therapy board; composition 20 * * * 21 H. The governor shall ensure that his appointments demonstrate race, gender 22 sex, ethnic, and geographical diversity. 23 * * * 24 §2407. Practice of physical therapy defined 25 * * * 26 D. Words used in one gender sex apply also to the other, except as otherwise 27 clearly indicated by the context. 28 * * * 29 §2455. Louisiana Board for Hearing Aid Dealers; composition; districts 30 * * * Page 27 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 B.(1) The board shall be composed of nine members. Seven members shall 2 be hearing aid dealers, the eighth member shall be the state health officer or his 3 representative, and the ninth member shall be fifty years of age or over and shall 4 serve as a representative of the hearing aid consumers of Louisiana. The seven 5 hearing aid dealers shall be appointed in the following manner. The Louisiana 6 Society of Hearing Aid Specialists, chartered by the state, shall submit to the 7 governor names of not less than fourteen qualified hearing aid dealers, who shall be 8 actively engaged in the selling and fitting of hearing aids. The governor shall ensure 9 that his appointments demonstrate race, gender sex, ethnic, and geographical 10 diversity. 11 * * * 12 §2704. Board of Social Work Examiners 13 A. There is hereby created a Louisiana State Board of Social Work 14 Examiners within the Louisiana Department of Health. The board shall be subject 15 to the provisions of R.S. 36:803. It shall consist of seven members to include six 16 social workers and one consumer member. The members shall be appointed by the 17 governor, subject to Senate confirmation. All appointees shall be selected from one 18 list compiled by all statewide social work membership organizations that have 19 written bylaws and meet all state and federal laws, and the Louisiana Chapter of the 20 National Association of Social Workers shall be responsible for the coordination of 21 this process. The consumer member may apply directly to the office of the governor. 22 The governor shall ensure that his appointments demonstrate race, gender sex, 23 ethnic, and geographical diversity. All appointees shall serve no more than two 24 consecutive full terms. The completion of an unexpired portion of a full term shall 25 not constitute a full term for purposes of this Section. The board shall consist of the 26 following members: 27 * * * 28 §3061. Board of Electrolysis Examiners 29 A. 30 * * * Page 28 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (2) 2 * * * 3 (c) Each appointment by the governor shall be submitted to the Senate for 4 confirmation. The governor shall ensure that his appointments demonstrate race, 5 gender sex, ethnic, and geographical diversity. 6 * * * 7 §3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership, 8 terms, and vacancies; officers; meetings; quorum; compensation 9 * * * 10 B. 11 * * * 12 (2) The governor shall ensure that his appointments demonstrate race, gender 13 sex, ethnic, and geographical diversity. 14 * * * 15 §3201. Radiologic Technology Board of Examiners; method of appointment; 16 qualifications of members 17 * * * 18 B. 19 * * * 20 (2) Each appointment by the governor shall be submitted to the Senate for 21 confirmation. The governor shall ensure that his appointments demonstrate race, 22 gender sex, ethnic, and geographical diversity. 23 * * * 24 §3386.2. Addictive Disorder Regulatory Authority 25 * * * 26 C. The governor shall ensure that his appointments demonstrate race, gender 27 sex, ethnic, and geographical diversity. Members of the board shall serve three-year 28 terms. Members appointed to fill vacancies caused by death, resignation, or removal 29 shall serve the unexpired terms of their predecessors. 30 * * * Page 29 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §3389. Transition; Addictive Disorder Regulatory Authority 2 * * * 3 C. The governor shall ensure that his appointments demonstrate race, gender 4 sex, ethnic, and geographical diversity. Members of the board shall serve three-year 5 terms. Members appointed to fill vacancies caused by death, resignation, or removal 6 shall serve the unexpired terms of their predecessors. 7 * * * 8 §3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors 9 Board of Examiners 10 A. There is hereby created in the Louisiana Department of Health the 11 Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of 12 Examiners, referred to hereafter in this Chapter as the "board", consisting of five 13 members who shall be residents of the state of Louisiana. The members shall be 14 appointed by the governor from a list of qualified candidates supplied by the 15 International Association of Rehabilitation Professionals-Louisiana, as specified in 16 this Section. The consumer member may apply directly to the office of the governor. 17 Each term shall be for four years. Each appointment by the governor shall be 18 submitted to the Senate for confirmation. The governor shall ensure that his 19 appointments demonstrate race, gender sex, ethnic, and geographical diversity. 20 * * * 21 §3463. Board; appointments; terms; removal; compensation; officers 22 * * * 23 B.(1) The governor shall appoint, subject to Senate confirmation, members 24 to the board from a list containing the names of five persons, submitted by the 25 Louisiana Association of Wholesale Drug Distributors and from a list containing the 26 names of two persons, submitted by the Pharmaceutical Research and Manufacturers 27 of America. The consumer member may apply directly to the office of the governor. 28 In the event of the death or resignation of any member of the board, the governor 29 shall appoint his successor in the manner of the original appointment for the Page 30 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 remainder of the unexpired term. The governor shall ensure that his appointments 2 demonstrate race, gender sex, ethnic, and geographical diversity. 3 * * * 4 §3554. Louisiana Board of Massage Therapy; creation, membership, qualifications, 5 terms, vacancies, officers, meetings, reimbursement, liability 6 A. 7 * * * 8 (2) The governor shall ensure that his appointments demonstrate race, gender 9 sex, ethnic, and geographical diversity. 10 * * * 11 §3703. Louisiana Behavior Analyst Board 12 * * * 13 B. 14 * * * 15 (3) The governor shall ensure that his appointments demonstrate race, gender 16 sex, ethnic, and geographical diversity. A vacancy in an unexpired term shall be 17 filled in the manner of the original appointment for the remainder of the unexpired 18 term. 19 * * * 20 Section 18. R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and (m)(iv), and 21 2403(H)(1) are hereby amended and reenacted to read as follows: 22 §31.61. Legislative intent 23 The Legislature of Louisiana wishes to further efforts by the Parkinson's 24 community to find a cure for this devastating disease by helping to determine how 25 many people in the state suffer from Parkinson's and by gathering vital information 26 from these individuals, such as general age, ethnicity, gender sex, as well as possible 27 environmental factors that may have played a part in the development of the disease. 28 Thus, it is the intent of the legislature to establish a system to collect and assess 29 information and data regarding the incidence of Parkinson's disease in the state. 30 * * * Page 31 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §101. Commemorative certificate of miscarried child; requirements 2 * * * 3 D.(1) The commemorative certificate shall contain the name of the fetus and 4 the gender sex, if known. If the name is not furnished by the patient, the vital 5 records registry may complete the commemorative certificate with the name "Baby 6 Boy" or "Baby Girl" and the last name of the patient. If the gender sex of the fetus 7 is unknown, the department shall fill in the commemorative certificate with the name 8 "Baby" and the last name of the patient. 9 * * * 10 §600.151. Louisiana Interagency Council on Homelessness 11 * * * 12 D.(1) The membership of the council shall be reflective of all geographic 13 regions of the state and shall be comprised of the following members: 14 * * * 15 (l) 16 * * * 17 (ii) Each person appointed pursuant to this Subparagraph shall have at least 18 five years of academic or professional expertise in housing or services for people 19 experiencing homelessness with a focus in one or more of the following areas: 20 * * * 21 (hh) Homelessness as it relates to actual or perceived sexual orientation, 22 gender sex identity, or marital status. 23 * * * 24 (m) The executive director of the Louisiana Housing Corporation shall 25 appoint at least two members with lived experience of homelessness. The members 26 shall be appointed from a list of nominations submitted jointly by the governing 27 boards of the continuums of care located in Louisiana. Each member appointed 28 pursuant to this Subparagraph shall represent as many of the following 29 subpopulations as possible: 30 * * * Page 32 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (iv) People with differing actual or perceived sexual orientation, gender sex 2 identity, or marital status. 3 * * * 4 §2403. Council on Peace Officer Standards and Training 5 * * * 6 H.(1) The council may establish and implement curricula and publish 7 training materials to train peace officers to identify, respond to, and report all crimes 8 which are directed against individuals or groups, or their property, by reason of their 9 actual or perceived race, age, gender sex, religion, color, creed, disability, sexual 10 orientation, national origin, or ancestry. 11 * * * 12 Section 19. R.S. 42:2.1(A) and 1132(B)(1)(a), (b), and (c) are hereby amended and 13 reenacted to read as follows: 14 §2.1. Boards, commissions, councils, authorities, entities; composition 15 A. In making appointments to any board, commission, council, authority, or 16 other similar entity that has statewide jurisdiction and is established by law, rule, 17 executive order, or otherwise, the appointing authority shall give due consideration 18 to the demographics of the population of the state, including but not limited to 19 geography, gender sex, and race. 20 * * * 21 §1132. Board of Ethics 22 * * * 23 B. Membership; terms; vacancies; qualifications. 24 (1) The Board of Ethics shall consist of fifteen members to be selected as 25 follows: 26 (a) The governor shall appoint nine members, who shall be representative 27 of the state's population as near as practicable and who shall be subject to Senate 28 confirmation. At least one member shall be appointed from each congressional 29 district, and the governor shall give due consideration to the demographics of the 30 population of the state, including without limitation geography, gender sex, and race. Page 33 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Of those nine, the governor shall appoint at least five members, each of whom shall 2 have been licensed to practice law in this state for at least eight years at the time of 3 his appointment. 4 (b) Three members shall be elected by the House of Representatives, who 5 shall give due consideration to the demographics of the population of the state, 6 including without limitation geography, gender sex, and race. 7 (c) Three members shall be elected by the Senate, who shall give due 8 consideration to the demographics of the population of the state, including without 9 limitation geography, gender sex, and race. 10 * * * 11 Section 20. R.S. 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 12 1941.8(A)(introductory paragraph) are hereby amended and reenacted to read as follows: 13 §153.3. Medical vendor reimbursements; allowable restrictions; peer-based 14 prescribing and dispensing practice patterns; Medicaid Pharmaceutical and 15 Therapeutics Committee 16 * * * 17 D.(1) The Medicaid Pharmaceutical and Therapeutics Committee, 18 hereinafter referred to as "the committee", is hereby created within the Louisiana 19 Department of Health. The committee shall be composed of fifteen members 20 appointed by the governor and submitted to the Senate for confirmation. The 21 governor shall ensure that appointments achieve race, gender sex, and geographic 22 diversity. 23 * * * 24 §288.5. Written court report; filing 25 Within one hundred fifty days after the extended foster care voluntary 26 placement agreement is signed, the department shall file with the court a written 27 report that shall contain all of the following: 28 (1) The youth's name, date of birth, race, gender sex, and current address. 29 * * * Page 34 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §460.37. Council on Medicaid Pharmacy Reimbursement; creation; composition, 2 purpose, and duties of the council 3 * * * 4 B. 5 * * * 6 (10) Two licensed pharmacists appointed by the Louisiana Board of 7 Pharmacy who are not currently serving on the board. The board shall strive to 8 ensure its appointments demonstrate race, gender sex, ethnic, and geographical 9 diversity. 10 * * * 11 §1095. Board of commissioners; membership; appointment; terms; compensation; 12 removal 13 A. The two areas of the district shall be governed by separate governing 14 boards. Each area of the district shall be governed by a board of thirteen 15 commissioners, referred to in this Part as the "commission", who shall be qualified 16 voters and residents of Orleans Parish and who shall reflect the ethnic, cultural, and 17 gender sex diversity of the parish. 18 * * * 19 §1941.8. Children and youth services advisory boards; members; duties 20 A. Each planning board shall consist of a minimum of eleven, but not more 21 than twenty-five members. Special care should be given in the appointments to 22 ensure that the board is representative of the community in terms of gender sex, age, 23 ethnicity, and geography, as well as knowledge and expertise. Those appointed shall 24 include the following, if available and willing to serve, but need not be limited to: 25 * * * 26 Section 20. R.S. 47:337.14(E)(2) and 1702(6) are hereby amended and reenacted 27 to read as follows: Page 35 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §337.14. Central collection commission 2 * * * 3 E. 4 * * * 5 (2) The central collection commission of the parish of St. Landry shall be 6 representative of the parish's population by race and gender sex to ensure diversity. 7 * * * 8 §1702. Definitions 9 As used in this Subtitle, the following terms have the meaning ascribed to 10 them in this Section, unless the context clearly indicates otherwise: 11 * * * 12 (6) "Person" or "persons", "taxpayer" or "taxpayers" includes firms, 13 companies, associations and corporations; all words importing the masculine gender 14 sex apply to females also, and all words in the plural number apply to single 15 individuals in all cases in which the spirit and intent of this Chapter require it. 16 * * * 17 Section 22. R.S. 48:2134(C)(introductory paragraph) is hereby amended and 18 reenacted to read as follows: 19 §2134. Ouachita Expressway Authority; creation; board of commissioners; 20 meetings; quorum 21 * * * 22 C. The governing body of the authority shall be a board of commissioners 23 which is hereby created. The board shall have full power to promulgate rules and 24 regulations for the maintenance and operation of the authority. The Ouachita 25 Expressway Authority membership shall be representative as near as practicable by 26 race and gender sex of the Ouachita parish population as of the most recent federal 27 decennial census. The board shall be composed of fifteen commissioners as follows: 28 * * * Page 36 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Section 23. R.S. 49:1112(B)(1) is hereby amended and reenacted to read as follows: 2 §1112. Commission established; purposes; membership; officers 3 * * * 4 B.(1) The commission shall consist of no fewer than fifteen and no more 5 than twenty-five voting members. Not more than fifty percent of the commission 6 membership plus one shall be from the same political party. To the maximum extent 7 practicable, it shall be balanced according to race, ethnicity, age, disability, and 8 gender sex characteristics. 9 * * * 10 Section 24. R.S. 51:942(A) is hereby amended and reenacted to read as follows: 11 §942. Small and emerging businesses 12 A. The department shall provide for the increased opportunity for small and 13 emerging businesses to become competitive in a modern economy without regard to 14 race or gender sex. This purpose shall be accomplished by providing a program of 15 assistance and promotion. The following provisions of this Section shall be applied 16 and interpreted to promote this purpose. 17 * * * 18 Section 25. R.S. 56:108(A) and 1705(C) are hereby amended and reenacted to read 19 as follows: 20 §108. Deer and turkey harvest records and tagging 21 A. The Wildlife and Fisheries Commission may promulgate and adopt rules 22 and regulations in accordance with the Administrative Procedure Act in relation to 23 deer or turkey harvest records and tagging. Such rules and regulations may include 24 the following: tagging requirements, gender sex, age, antler requirements, take, 25 possession, limit, and reporting requirements. 26 * * * 27 §1705. Poverty Point Reservoir Development Dedicated Fund Account 28 * * * Page 37 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 C. The Poverty Point Reservoir Development District Board membership 2 shall be representative of the population of the state based on race and gender sex as 3 near as practicable. 4 Section 26. Code of Civil Procedure Article 5055 is hereby amended and reenacted 5 to read as follows: 6 Art. 5055. Number; gender sex 7 Unless the context clearly indicates otherwise: 8 (1) Words used in the singular number apply also to the plural; words used 9 in the plural number include the singular; and . 10 (2) Words used in one gender sex apply also to the others other sex. 11 Section 27. Code of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992, 12 994, 997, 998, and 999.1 are hereby amended and reenacted to read as follows: 13 Art. 4. Number; gender sex 14 Unless the context clearly indicates otherwise: 15 (1) Words used in the singular number apply also to the plural; words used 16 in the plural number include the singular; and . 17 (2) Words used in one gender sex apply also to the other. 18 * * * 19 Art. 795. Time for challenges; method; peremptory challenges based on race or 20 gender sex; restrictions 21 * * * 22 C. No peremptory challenge made by the state or the defendant shall be 23 motivated in substantial part on the basis of the race or gender sex of the juror. If 24 an objection is made that a challenge was motivated in substantial part on the basis 25 of race or gender sex, and a prima facie case supporting that objection is made by the 26 objecting party, the court shall demand a satisfactory race or gender sex neutral 27 reason for the exercise of the challenge. Such demand and disclosure shall be made 28 outside of the hearing of any juror or prospective juror. The court shall then 29 determine whether the challenge was motivated in substantial part on the basis of 30 race or gender sex. Page 38 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 D. The court shall allow to stand each peremptory challenge exercised for 2 a race or gender sex neutral reason either apparent from the examination or disclosed 3 by counsel when required by the court. The provisions of Paragraph C of this Article 4 and this Paragraph shall not apply when both the state and the defense have exercised 5 a challenge against the same juror. 6 E. The court shall allow to stand each peremptory challenge for which a 7 satisfactory racially neutral or gender sex neutral reason is given. Those jurors who 8 have been peremptorily challenged and for whom no satisfactory racially neutral or 9 gender sex neutral reason is apparent or given may be ordered returned to the panel, 10 or the court may take such other corrective action as it deems appropriate under the 11 circumstances. The court shall make specific findings regarding each such 12 challenge. 13 * * * 14 Art. 989. Motion for expungement forms to be used 15 STATE OF LOUISIANA 16 JUDICIAL DISTRICT FOR THE PARISH OF 17 ______________________________ 18 No.: _____________ Division: "_______" 19 State of Louisiana 20 vs. 21 _______________________________________________________ 22 MOTION FOR EXPUNGEMENT 23 NOW INTO COURT comes mover, who provides the court with the 24 following information in connection with this request: 25 I. DEFENDANT INFORMATION 26 NAME: ___________________________________________________________ 27 (Last, First, MI) 28 DOB: ________/______/_______ (MM/DD/YYYY) 29 GENDER SEX _____ Female _____Male 30 SSN (last 4 digits): XXX-XX-________ Page 39 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 RACE: _________________ 2 DRIVER LIC.# _________________ 3 ARRESTING AGENCY: __________________________________________ 4 SID# (if available): _________________ 5 ARREST NUMBER (ATN): _________________ 6 AGENCY ITEM NO. _________________ 7 Mover is entitled to expunge the record of his arrest/conviction pursuant to 8 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following 9 in support: 10 II. ARREST INFORMATION 11 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY) 12 2. _____ YES _____ NO A supplemental sheet with arrests and/or 13 convictions is attached after page 2 of this 14 Motion. 15 3. Mover was: 16 _____ YES _____ NO Arrested, but it did not result in conviction 17 _____ YES _____ NO Convicted of and seeks to expunge a 18 misdemeanor 19 _____ YES _____ NO Convicted of and seeks to expunge a felony 20 _____ YES _____ NO Convicted but determined to be factually 21 innocent and entitled to compensation for a 22 wrongful conviction pursuant to the 23 provisions of R.S. 15:572.8. 24 4. Mover was booked and/or charged with the following offenses: (List each 25 offense booked and charged separately. Attach a supplemental sheet, if 26 necessary.) 27 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION 28 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 29 Name of the offense __________________ 30 ( ) Time expired for prosecution __________________ Page 40 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 (MM/DD/YYYY) 2 ( ) Not prosecuted for any offense 3 arising out of this charge. 4 ( ) Pre-trial Diversion Program. 5 ( ) DWI Pre-Trial Diversion Program 6 and 5 years have elapsed since the 7 date of arrest. 8 ( ) Charge dismissed 9 ( ) Found not guilty/judgment of acquittal 10 NO. 2 La. Rev. Stat. Ann. § _______ : ________ 11 Name of the offense __________________ 12 ( ) Time expired for prosecution __________________ 13 (MM/DD/YYYY) 14 ( ) Not prosecuted for any 15 offense arising out of this charge. 16 ( ) Pre-trial Diversion Program. 17 ( ) Charge dismissed 18 ( ) Found not guilty/judgment of acquittal 19 NO. 3 La. Rev. Stat. Ann. § _______ : ________ 20 Name of the offense __________________ 21 ( ) Time expired for prosecution __________________ 22 (MM/DD/YYYY) 23 ( ) Not prosecuted for any offense 24 arising out of this charge. 25 ( ) Pre-trial Diversion Program. 26 ( ) Charge dismissed 27 ( ) Found not guilty/judgment of acquittal 28 ____ Yes ____ No MISDEMEANOR CONVICTIONS 29 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 30 Name of the offense _________________ Page 41 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 ( ) Conviction set aside/dismissed _____/____/_______ 2 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 3 ( ) More than 5 years have passed 4 since completion of sentence. 5 NO. 2 La. Rev. Stat. Ann. § _______ : ________ 6 Name of the offense _________________ 7 ( ) Conviction set aside/dismissed _____/____/_______ 8 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 9 ( ) More than 5 years have passed 10 since completion of sentence. 11 ____ Yes ____ No FELONY CONVICTIONS 12 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 13 ( ) Conviction set aside/dismissed _____/____/_______ 14 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 15 ( ) More than 10 years have passed 16 since completion of sentence 17 ( ) Received a first offender pardon for an eligible offense 18 NO. 2 La. Rev. Stat. Ann. § _______ : ________ 19 ( ) Conviction set aside/dismissed _____/____/_______ 20 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 21 ( ) More than 10 years have passed 22 since completion of sentence 23 ( ) Received a first offender pardon for an eligible offense 24 ____ Yes ____ No OPERATING A MOTOR VEHICLE WHILE 25 INTOXICATED CONVICTIONS 26 Mover has attached the following: 27 ( ) A copy of the proof from the Department of Public Safety and 28 Corrections, office of motor vehicles, that it has received from the 29 clerk of court a certified copy of the record of the plea, fingerprints 30 of the defendant, and proof of the requirements set forth in C.Cr.P. Page 42 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 Art. 556, which shall include the defendant's date of birth, last four 2 digits of social security number, and driver's license number 3 5. Mover has attached to this Motion the following pertinent documents: 4 G Criminal Background Check from the La. State Police/Parish Sheriff 5 dated within the past 60 days (required). 6 G Bill(s) of Information (if any). 7 G Minute entry showing final disposition of case (if any). 8 G Certification Letter from the District Attorney for fee waiver (if 9 eligible). 10 G Certification Letter from the District Attorney verifying that the 11 applicant has no convictions or pending applicable criminal charges 12 in the requisite time periods. 13 G Certification Letter from the District Attorney verifying that the 14 charges were refused. 15 G Certification Letter from the District Attorney verifying that the 16 applicant did not participate in a pretrial diversion program. 17 G A copy of a first offender pardon. 18 G A copy of the order waiving the sex offender registration and 19 notification requirements. 20 G A copy of the court order determination of factual innocence and 21 order of compensation for a wrongful conviction pursuant to the 22 provisions of R.S. 15:572.8 if applicable. 23 The Mover prays that if there is no objection timely filed by the arresting law 24 enforcement agency, the district attorney's office, or the Louisiana Bureau of 25 Criminal Identification and Information, that an order be issued herein ordering the 26 expungement of the record of arrest and/or conviction set forth above, including all 27 photographs, fingerprints, disposition, or any other such information, which record 28 shall be confidential and no longer considered a public record, nor be made available 29 to other persons, except a prosecutor, member of a law enforcement agency, or a 30 judge who may request such information in writing, certifying that such request is Page 43 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the 2 purpose of any other statutorily defined law enforcement or administrative duties, 3 or for the purpose of the requirements of sex offender registration and notification 4 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any 5 other person for good cause shown, or as otherwise authorized by law. 6 If an "Affidavit of No Opposition" by each agency named herein is attached 7 hereto and made a part hereof, Defendant requests that no contradictory hearing be 8 required and the Motion be granted ex parte. 9 Respectfully submitted, 10 ____________________________________ 11 Signature of Attorney for Mover/Defendant 12 ____________________________________ 13 Attorney for Mover/Defendant Name 14 ____________________________________ 15 Attorney's Bar Roll No. 16 ____________________________________ 17 Address 18 19 ____________________________________ 20 City, State, ZIP Code 21 ____________________________________ 22 Telephone Number Page 44 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 If not represented by counsel: 2 ____________________________________ 3 Signature of Mover/Defendant 4 ____________________________________ 5 Mover/Defendant Name 6 ____________________________________ 7 Address 8 9 ____________________________________ 10 City, State, ZIP Code 11 ____________________________________ 12 Telephone Number 13 * * * 14 Art. 992. Order of expungement form to be used 15 STATE OF LOUISIANA 16 JUDICIAL DISTRICT FOR THE PARISH OF 17 ______________________________ 18 No.: ____________ Division: "_______" 19 State of Louisiana 20 vs. 21 _______________________________________________________ 22 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD 23 Considering the Motion for Expungement 24 G The hearing conducted and evidence adduced herein, OR 25 G Affidavits of No Opposition filed, Page 45 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 IT IS ORDERED, ADJUDGED AND DECREED 2 G THE MOTION IS DENIED for No(s). __________ for the following 3 reasons (check all that apply): 4 G More than five years have not elapsed since Mover completed the 5 misdemeanor conviction sentence. 6 G More than ten years have not elapsed since Mover completed the felony 7 conviction sentence. 8 G Mover was convicted of one of the following ineligible felony 9 offenses: 10 G A violation of the Uniform Controlled Dangerous Substances Law 11 which is ineligible to be expunged. 12 G An offense currently listed as a sex offense that requires registration 13 pursuant to R.S. 15:540 et seq., at the time the Motion was filed, 14 regardless of whether the duty to register was ever imposed. 15 G An offense defined or enumerated as a "crime of violence" pursuant 16 to R.S. 14:2(B) at the time the Motion was filed. 17 G The arrest and conviction being sought to have expunged is for 18 operating a motor vehicle while intoxicated and a copy of the proof 19 from the Department of Public Safety and Corrections, office of 20 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A). 21 G Mover was convicted of a misdemeanor which arose from 22 circumstances involving a sex offense as defined in R.S. 15:541. 23 G Mover was convicted of misdemeanor offense of domestic abuse 24 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B). 25 G Mover did not complete pretrial diversion. 26 G The charges against the mover were not dismissed or refused. 27 G Mover's felony conviction was not set aside and dismissed pursuant 28 to C.Cr.P. Art. 893(E). 29 G Mover's felony conviction was not set aside and dismissed pursuant 30 to C.Cr.P. Art. 894(B). Page 46 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 G Mover completed a DWI pretrial diversion program, but five years 2 have not elapsed since the mover's date of arrest. 3 G Mover's conviction for felony carnal knowledge of a juvenile is not 4 defined as misdemeanor carnal knowledge of a juvenile had the 5 mover been convicted on or after August 15, 2001. 6 G Mover was not convicted of a crime that would be eligible for 7 expungement as required by C.Cr.P. Art. 978(E)(1). 8 G Mover has criminal charges pending against him. 9 G Mover was convicted of a criminal offense during the ten-year 10 period, excluding any noncapital felony during the preceding ten-year 11 period that would otherwise be eligible for expungement pursuant to 12 C.Cr.P. Art. 978(F). 13 G Mover received a first offender pardon but for an ineligible offense. 14 G Mover did not receive a first offender pardon. 15 G Denial for any other reason provided by law with attached reasons for 16 denial. 17 G THE MOTION IS HEREBY GRANTED for No(s). ____________ 18 and all agencies are ordered to expunge the record of arrest/conviction and any 19 photographs, fingerprints, or any other such information of any kind maintained in 20 connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which 21 record shall be confidential and no longer considered a public record, nor be 22 available to other persons except a prosecutor, member of a law enforcement agency, 23 or a judge who may request such information in writing certifying that such request 24 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the 25 purpose of any other statutorily defined law enforcement or administrative duties, 26 or for the purpose of the requirements of sex offender registration and notification 27 pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any 28 other person for good cause shown, or as otherwise authorized by law. 29 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT 30 BY REDACTION If the record includes more than one individual and the mover Page 47 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 is entitled to expungement by redaction pursuant to Code of Criminal Procedure 2 Article 985, for No(s). ____________ and all agencies are ordered to expunge the 3 record of arrest/conviction and any photographs, fingerprints, or any other such 4 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the 5 above-captioned matter as they relate to the mover only. The record shall be 6 confidential and no longer considered a public record, nor be available to other 7 persons except a prosecutor, member of a law enforcement agency, or a judge who 8 may request such information in writing certifying that such request is for the 9 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose 10 of any other statutorily defined law enforcement or administrative duties, or for the 11 purpose of the requirements of sex offender registration and notification pursuant to 12 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other 13 person for good cause shown, or as otherwise authorized by law. 14 NAME: _______________________________________________________ 15 (Last, First, MI) 16 DOB: ______/_____/______ (MM/DD/YY) 17 GENDER SEX: _____ Female _____Male 18 SSN (last 4 digits): XXX-XX-_________ 19 RACE: _________________ 20 DRIVER LIC.# _________________ 21 ARRESTING AGENCY: ______________________________________ 22 SID# (if available): _________________ 23 ARREST NUMBER (ATN): _________________ 24 AGENCY ITEM NUMBER: _________________ 25 ARREST DATE: ______/_____/______ (MM/DD/YY) 26 THUS ORDERED AND SIGNED this _____ day of _______________, 20____ 27 at ________________________, Louisiana. 28 ___________________________________ 29 JUDGE Page 48 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 PLEASE SERVE: 2 1. District Attorney: ______________________________________________ 3 2. Arresting Agency: _____________________________________________ 4 3. Parish Sheriff:________________________________________________ 5 4. Louisiana Bureau of Criminal Identification and Information___________ 6 5. Attorney for Defendant (or defendant)_____________________________ 7 6. Clerk of Court ____________________________ 8 * * * 9 Art. 994. Motion for interim expungement form to be used 10 STATE OF LOUISIANA 11 JUDICIAL DISTRICT FOR THE PARISH OF 12 ______________________________ 13 No.: _____________ Division: "_______" 14 State of Louisiana 15 vs. 16 _______________________________________________________ 17 MOTION FOR INTERIM EXPUNGEMENT 18 NOW INTO COURT comes mover, who provides the court with the 19 following information in connection with this request: 20 I. DEFENDANT INFORMATION 21 NAME: ___________________________________________________________ 22 (Last, First, MI) 23 DOB: ________/______/_______ (MM/DD/YYYY) 24 GENDER SEX _____ Female _____Male 25 SSN (last 4 digits): XXX-XX-________ 26 RACE: _________________ 27 DRIVER LIC.# _________________ 28 ARRESTING AGENCY: __________________________________________ 29 SID# (if available): _________________ 30 ARREST NUMBER (ATN): _________________ Page 49 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 AGENCY ITEM NO. ________________ 2 Mover is entitled to an interim expungement of the entry of the felony 3 charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article 4 985.1 and states the following in support: 5 II. ARREST INFORMATION 6 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY) 7 2. _____ YES _____ NO A supplemental sheet with arrests and/or 8 convictions is attached after page 2 of this 9 Motion. 10 3. Mover was: 11 _____ YES _____ NO Arrested for a felony offense. 12 _____ YES _____ NO Convicted of a misdemeanor arising out of 13 that felony offense. 14 4. Mover was booked and/or charged with the following offenses: (List each 15 offense booked and charged separately. Attach a supplemental sheet, if 16 necessary.) 17 ____ Yes ____ No FELONY ARREST THAT RE SUL T E D I N A 18 MISDEMEANOR CONVICTION 19 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 20 Name of the offense __________________ 21 __________________ 22 (MM/DD/YYYY) 23 ( ) Felony charge dismissed. 24 ( ) Convicted of misdemeanor offense arising out of 25 felony arrest. Page 50 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 5. Mover has attached to his Motion a criminal background check from the 2 Louisiana State Police/Parish Sheriff dated within the past sixty days 3 (required). 4 The mover prays that if there is no objection timely filed by the arresting law 5 enforcement agency, the District Attorney's Office, or the Louisiana Bureau of 6 Criminal Identification and Information, that an order be issued herein ordering the 7 Louisiana Bureau of Criminal Identification and Information to expunge the entry 8 of the felony charge(s) listed contained in the criminal history; and further that the 9 Clerk of Court, District Attorney, and arresting law enforcement agency expunge the 10 entry of those felony charge(s) from any public indices. 11 If an "Affidavit of No Opposition" by each agency named herein is attached 12 hereto and made a part hereof, Defendant requests that no contradictory hearing be 13 required and the Motion be granted ex parte. 14 Respectfully submitted, 15 ____________________________________ 16 Signature of Attorney for Mover/Defendant 17 ____________________________________ 18 Attorney for Mover/Defendant Name 19 ____________________________________ 20 Attorney's Bar Roll No. 21 ____________________________________ 22 Address 23 ____________________________________ 24 City, State, ZIP Code 25 ____________________________________ 26 Telephone Number 27 If not represented by counsel: 28 ____________________________________ 29 Signature of Mover/Defendant 30 ____________________________________ 31 Mover/Defendant Name 32 ____________________________________ 33 Address 34 ____________________________________ 35 City, State, ZIP Code Page 51 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 ____________________________________ 2 Telephone Number 3 PLEASE SERVE: 4 1. District Attorney______________________________________________ 5 2. Louisiana Bureau of Criminal Identification and Information___________ 6 3. Arresting Agency ______________________________________________ 7 * * * 8 Art. 997. Certification of human trafficking victim status 9 STATE OF LOUISIANA 10 __________ JUDICIAL DISTRICT FOR THE PARISH OF ____________________ 11 NO.:_________________________ DIVISION: _______________ 12 STATE OF LOUISIANA 13 vs. 14 ________________________________ 15 CERTIFICATION OF HUMAN TRAFFICKING VICTIM STATUS 16 In accordance with the provisions of Louisiana Code of Criminal Procedure Article 17 983, the Office of the District Attorney has reviewed and determined that one, 18 ________________________________________________________________________, 19 R A C E / G E N D E R S E X : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D O B : 20 ___________________________, SSN:_________________________________, has 21 established by a preponderance of the evidence proof of status as a victim of human 22 trafficking in accordance with the provisions of R.S. 14:46.2, for the following offense(s), 23 detailed specifically as follows: 24 (If more than one offense, each relevant offense must be specifically listed in the 25 following format) 26 OFFENSE:________________________ 27 DOCKET NO:_____________________ 28 CHARGE:________________________ 29 DATE OF ARREST:________________ 30 ARRESTING AGENCY:____________ 31 CITY/PARISH OF ARREST:___________________ 32 FURTHER, that the above offense(s) for which this Certification issued was 33 committed, in substantial part, as a result of the above-named being a victim of human 34 trafficking, in accordance with R.S. 14:46.2. 35 FURTHER, this Certification shall be considered as prima facie evidence of the 36 victim's status in similar eligible crimes committed within other Louisiana jurisdictions 37 during the time period in which the above-named was a victim of human trafficking. 38 FURTHER, all applicable time delays pertaining to expungement contained in 39 Louisiana Code of Criminal Procedure Articles 977 and 978 shall be waived when presented 40 to the clerk of court with an application for expungement of the above-specified offense(s). 41 FURTHER, any application for expungement of the above-specified offense(s) shall 42 be at no cost to the above-named victim. 43 _______________________ __________________________________ 44 DATE DISTRICT ATTORNEY 45 PARISH OF Page 52 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 _____________ JUDICIAL DISTRICT 2 STATE OF LOUISIANA 3 * * * 4 Art. 998. Motion for expungement form to be used for certain misdemeanor 5 convictions 6 STATE OF LOUISIANA 7 JUDICIAL DISTRICT FOR THE PARISH OF 8 ______________________________ 9 No.: _____________ Division: "_______" 10 State of Louisiana 11 vs. 12 _______________________________________________________ 13 MOTION FOR EXPUNGEMENT FOR MISDEMEANOR CONVICTION FOR A 14 FIRST OFFENSE POSSESSION OF MARIJUANA 15 NOW INTO COURT comes mover, who provides the court with the following 16 information in connection with this request: 17 I. DEFENDANT INFORMATION 18 NAME: ___________________________________________________________ 19 (Last, First, MI) 20 DOB: ________/______/_______ (MM/DD/YYYY) 21 GENDER SEX _____ Female _____Male 22 SSN (last 4 digits): XXX-XX-________ 23 RACE: _________________ 24 DRIVER LIC.# _________________ 25 ARRESTING AGENCY: __________________________________________ 26 SID# (if available): _________________ 27 ARREST NUMBER (ATN): _________________ 28 AGENCY ITEM NO. _________________ 29 Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana 30 Code of Criminal Procedure Article 971 et seq. and states the following in support: 31 II. MISDEMEANOR CONVICTION FOR A FIRST OFFENSE POSSESSION 32 OF MARIJUANA 33 1. Mover was convicted on _______/______/_______ (MM/DD/YYYY) 34 The Mover prays that if there is no objection timely filed by the arresting law 35 enforcement agency, the district attorney's office, or the Louisiana Bureau of 36 Criminal Identification and Information, that an order be issued herein ordering the 37 expungement of the record of arrest and/or conviction set forth above, including all 38 photographs, fingerprints, disposition, or any other such information, which record 39 shall be confidential and no longer considered a public record, nor be made available 40 to other persons, except a prosecutor, member of a law enforcement agency, or a 41 judge who may request such information in writing, certifying that such request is 42 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the 43 purpose of any other statutorily defined law enforcement or administrative duties, 44 or for the purpose of the requirements of sex offender registration and notification 45 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this court to any 46 other person for good cause shown, or as otherwise authorized by law. 47 If an "Affidavit of No Opposition" by each agency named herein is attached hereto 48 and made a part hereof, defendant requests that no contradictory hearing be required 49 and the motion be granted ex parte. 50 Respectfully submitted, 51 ____________________________________ 52 Signature of Attorney for Mover/Defendant 53 ____________________________________ 54 Attorney for Mover/Defendant Name 55 ____________________________________ 56 Attorney's Bar Roll No. Page 53 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 ____________________________________ 2 Address 3 ____________________________________ 4 City, State, ZIP Code 5 ____________________________________ 6 Telephone Number 7 If not represented by counsel: 8 ____________________________________ 9 Signature of Mover/Defendant 10 ____________________________________ 11 Mover/Defendant Name 12 ____________________________________ 13 Address 14 ____________________________________ 15 City, State, ZIP Code 16 ____________________________________ 17 Telephone Number 18 * * * 19 Art. 999.1. Order form to be used; expedited expungement 20 JUDICIAL DISTRICT FOR THE PARISH OF 21 ______________________________ 22 No.: _____________ Division: "_______" 23 State of Louisiana 24 vs. 25 _______________________________________________________ 26 ORDER OF EXPUNGEMENT UNDER 27 CODE OF CRIMINAL PROCEDURE ARTICLE 999 28 Pursuant to Code of Criminal Procedure Article 999, wherein all of the following 29 applies, 30 (1) The defendant was seventeen years of age when the defendant was arrested or 31 charged with any criminal offense as provided in Title 14 or 40 of the Louisiana Revised 32 Statutes of 1950. 33 (2) The district attorney, for any reason, declined to prosecute all offenses arising 34 out of that arrest, including the reason that the person successfully completed a pretrial 35 diversion program. 36 (3) Prosecution was instituted and such proceedings have been finally disposed of 37 by dismissal, sustaining of a motion to quash, or acquittal. 38 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following 39 charges and arrest on the dates provided herein be expunged. 40 THUS ORDERED AND SIGNED, ADJUDGED, AND DECREED this ____ day 41 of ___________, 20 ____ at ______________, Louisiana, ___________________________. 42 ___________________________ 43 JUDGE 44 DEFENDANT INFORMATION: 45 NAME:________________________________________________ 46 First Middle Last 47 DATE OF BIRTH:_____________ 48 GENDER SEX:_____________ 49 SS#___________________________ 50 RACE___________________________ 51 DRIVER'S LICENSE#___________________ 52 ARRESTING AGENCY___________________ 53 SID#___________________ 54 ARREST NUMBER (ATN)___________________ 55 AGENCY ITEM NO:________________________ 56 PLEASE SERVE: 57 1. District Attorney:________________________________________________ 58 2. Arresting Agency:_______________________________________________ Page 54 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 3. Parish Sheriff:_______________________________________ 2 4. Louisiana Bureau of Criminal Identification and Information 3 _____________________________ 4 5. Attorney for Defendant (or defendant)____________________________ 5 6. Clerk of Court ____________________________ 6 * * * 7 Section 28. Children's Code Article 106, 720(B)(1), 725, 1217.1(A), and 1239.1(A) 8 are hereby amended and reenacted to read as follows: 9 Art. 106. Number, gender sex 10 Unless the context clearly indicates otherwise: 11 (1) Words used in the singular number apply also to the the plural; words 12 used in the plural number include the singular. 13 (2) Words used in one gender sex apply also to the other. 14 * * * 15 Art. 720. Motion for guardianship 16 * * * 17 B. The motion, case review report, or case plan shall include all of the 18 following: 19 (1) The name and gender sex of the child, and the date and place of the 20 child's birth. 21 * * * 22 Art. 725. Findings and purpose 23 The legislature finds that arresting, prosecuting, and incarcerating victimized 24 children serves to re-traumatize them and to increase their feelings of low self- 25 esteem, which only makes the process of recovery more difficult. Both federal and 26 international law recognize that sexually exploited children are the victims of crime 27 and should be treated as such. Therefore, sexually exploited children should not be 28 prosecuted for criminal acts related to prostitution. Instead, sexually exploited 29 children should, where possible, be diverted into services that address the needs of 30 these children outside of the justice system. Sexually exploited children deserve the 31 protection of child welfare services, including diversion, crisis intervention, 32 counseling, and emergency housing services. The purpose of this Chapter is to Page 55 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 protect a child from further victimization after the child is discovered to be a 2 sexually exploited child by ensuring that a child protective response is in place in the 3 state. This is to be accomplished by presuming that any child engaged in prostitution, 4 prostitution by massage, or crime against nature by solicitation is a victim of sex 5 trafficking and providing these children with the appropriate care and services where 6 possible. In determining the need for and capacity of services that may be provided, 7 the Department of Children and Family Services shall recognize that sexually 8 exploited children have separate and distinct service needs according to gender sex, 9 and every effort should be made to ensure these children are not prosecuted or 10 treated as juvenile delinquents, but instead are given the appropriate social services. 11 * * * 12 Art. 1217.1. Reporting requirement; statistical availability 13 A. For each adopted child, the court shall ensure that the department receives 14 all of the following information: 15 * * * 16 (4) The gender sex of the child. 17 * * * 18 Art. 1239.1. Reporting requirement; statistical availability 19 A. For each adopted child, the court shall ensure that the department receives 20 all of the following information: 21 * * * 22 (4) The gender sex of the child. 23 * * * 24 Section 29. Section 2 of Act 656 of the 2024 Regular Session is hereby amended and 25 reenacted to read as follows: 26 Section 2. Chapter 20-A of Title 51 of the Louisiana Revised Statutes of 27 1950, comprised of R.S. 51:1761 through 1763, is hereby enacted to read as follows: 28 * * * Page 56 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 1 §1762. Prohibitions; data collection; targeted advertising 2 A. As used in this Part, the following terms have the following meanings: 3 * * * 4 (8) "Sensitive personal data" means data collected directly from an account 5 holder online that provides any of the following: 6 (a) Information that reveals any of the following about the account holder: 7 * * * 8 (iii) Gender Sex. 9 * * * 10 Section 30. The Louisiana State Law Institute is hereby authorized and directed to 11 change all references in law from gender to sex as it pertains to personally identifiable 12 information of an individual. 13 Section 31. This Act shall be known as the "Restoring Biological Truth Act". DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 578 Original 2026 Regular Session Mike Johnson Abstract: Defines "sex" and changes all references from "gender" to "sex". Present law provides for the following: (1) Definitions and use of gender or number in present law. (2) Boards, commissions, committees, authorities, and council appointments or membership of the La. Industrial Hemp Promotion and Research Advisory Board, La. Equine Promotion and Research Advisory Board, Hospital advisory committees, Board of Supervisors of Community and Technical Colleges, Advisory councils, children and youth services advisory boards, postsecondary education management boards, charter school boards, La. State Board of Embalmers and Funeral Directors, La. State Board of Nursing, La. State Board of Practical Nurse Examiners, La. State Board of Optometry Examiners, La. Licensed Professional Counselors Board of Examiners, Board of Pharmacy, La. State Board of Examiners for Sanitarians, La. State Board of Examiners of Psychologists, La. Physical Therapy Board, La. Board for Hearing Aid Dealers, La. State Board of Social Work Examiners, Board of Electrolysis Examiners, La. State Board of Examiners in Dietetics and Nutrition, Radiologic Technology Board of Examiners, Addictive Disorder Regulatory Authority, La. Licensed Professional Vocational Rehabilitation Counselors Board of Examiners, La. Board of Massage Therapy, La. Behavior Analyst Board, La. Board of Drug and Device Distributors, La. Interagency Council on Homelessness, Council on Peace Officer Standards and Training, La. Board of Ethics, Medicaid Page 57 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 Pharmaceutical and Therapeutics Committee, Council on Medicaid Pharmacy Reimbursement, La. Economic Development, central collection commissions, Volunteer La. Commission, Ouachita Expressway Authority, Shreveport Implementation and Redevelopment Authority, Sewage and Water Board, Evangeline Economic Development Authority, Village of Palmetto in St. Landry Parish, Board of Commissioners St. Martin Parish, Board of Commissioners St. Landry Parish, and La. Workforce Investment Council. (3) Data collection and reports for criminal justice reform, the Office of juvenile justice, schools, traffic citations, and migration of residents. (4) Criminal matters regarding peremptory exceptions, expungement forms, detention centers, hate crimes, education, training and discipline, work opportunities, vocational training, contracts and agreements, solitary confinement, and impaired tracking systems. (5) Insurance matters regarding examinations, Louisiana Health Plan, and actuarial reviews. (6) The Poverty Point Reservoir Development Dedicated Fund Account, Police Pension Fund for the Police Department of the City Of New Orleans, and Firefighters' Pension and Relief Fund in the City Of New Orleans. (7) The Uniform International Child Abduction Prevention Act. (8) The La. Riverboat Economic Development and Gaming Control Act. (9) The La. Parkinson's Disease Registry. (10) The Parish Hospital Service District for the Parish of Orleans. (11) Targeted advertisements, gestational carriers, horse racing, commemorative certificates, small and emerging businesses, and deer and turkey harvest records and tagging. Proposed law retains present law generally but changes references from "gender" to "sex". Proposed law defines "sex" as an individual's biological sex, either male or female, as observed or clinically certified at birth. Gender identity and other subjective terms shall not be used as synonyms or substitutes for sex. Proposed law also authorizes and directs the La. Law Institute to change all references in law from gender to sex as it pertains to personally identifiable information of an individual. Proposed law may be known and cited as the "Restoring Biological Truth Act". (Amends C.C. Art. 14, C.C.P. Art. 5055, C.Cr.P. Arts. 4, 795(C), (D), and (E), 989, 992, 994, 997, 998, and 999.1, Ch.C. Arts. 106, 720(B)(1), 725, 1217.1(A)(4), and 1239.1(A)(4), R.S. 1:8, R.S. 3:1493(E) and 2074(E), R.S. 4:158.2(A)(2) and 193(B), R.S. 9:2720(D), R.S. 11:3390 and 3662, R.S. 13:1856 and 1857(A)(8)(d)(ii) and (ii), R.S. 14:107.2(A), R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and (14)(a)(ii) and (d)(ii), 933(D)(4) and (E)(1)(intro. para.), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a), R.S. 17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 416.21(N)(3)(a) and (b)(i)(aa) and (bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 3351(B)(2)(b)(ii), 3399.12(5)(i), 3911(B)(1)(i)(intro. para.) and (4)(a)(intro. para.), 3991(A)(1)(b)(iv) and (B)(3), and 5067(B)(7), R.S. 22:1204(A)(10)(b), 1504(1), 1545(I)(1)(intro. para.) and (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(intro. para.), R.S. 23:2043(B)(1), R.S. 27:46(B), R.S. 32:398.10(A)(2) and 429.3, R.S. 33:130.302(A)(2), 130.882(A)(2), 363(D), 2740.70.3(B)(2), 4071(A)(6), and 4720.301(G)(2), R.S. 36:108(B)(5), R.S. 37:832(A)(2), Page 58 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 26RS-1058 ORIGINAL HB NO. 578 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2), 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(intro. para.), 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1), 3554(A)(2), and 3703(B)(3), R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and (m)(iv) and 2403(H)(1), R.S. 42:2.1(A) and 1132(B)(1)(a), (b), and (c), R.S. 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 1941.8(A)(intro. para.), R.S. 47:337.14(E)(2) and 1702(6), R.S. 48:2134(C)(intro. para.), R.S. 49:1112(B)(1), R.S. 51:942(A), R.S. 56:108(A) and 1705(C), and Section 2 of Act 656 of the 2024 Regular Session) Page 59 of 59 CODING: Words in struck through type are deletions from existing law; words underscored are additions.

ENROLLED ACT No. 814 2026 Regular Session HOUSE BILL NO. 578 BY REPRESENTATIVES MIKE JOHNSON, AMEDEE, BAYHAM, BUTLER, CHENEVERT, CREWS, DEWITT, DICKERSON, EDMONSTON, EGAN, FARNUM, FIRMENT, HORTON, OWEN, SAWYER, SCHAMERHORN, SCHLEGEL, AND WILDER 1 AN ACT 2 To amend and reenact Civil Code Article 14, Code of Civil Procedure Article 5055, Code 3 of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992, 994, 997, 998, and 4 999.1, Children's Code Articles 106, 720(B)(1), 725, 1217.1(A)(4), and 5 1239.1(A)(4), R.S. 1:8, R.S. 3:1493(E) and 2074(E), R.S. 4:158.2(A)(2) and 193(B), 6 R.S. 9:2720(D), R.S. 11:3390 and 3662, R.S. 13:1856(1) and 1857(A)(8)(d)(ii) and 7 (iii), R.S. 14:107.2(A), R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and 8 (14)(a)(ii) and (d)(ii), 933(D)(4)(introductory paragraph) and (E)(1)(introductory 9 paragraph), 934(B)(4), 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a), R.S. 10 17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 416.21(N)(3)(a) and 11 (b)(i)(aa) and(bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 3351(B)(2)(b)(ii), 12 3399.12(5)(i), 3911(B)(1)(i)(introductory paragraph) and (4)(a)(introductory 13 paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7), R.S. 22:1204(A)(10)(b), 14 1504(1), 1545(I)(1)(introductory paragraph) and (J), 1808.2(H), 2161(B), 15 2187(D)(4), and 2503(9)(b)(introductory paragraph), R.S. 23:2043(B)(1), R.S. 16 27:46(B), R.S. 32:398.10(A)(2) and 429.3, R.S. 33:130.302(A)(2), 130.882(A)(2), 17 363(D), 2740.70.3(B)(2), 4071(A)(6), and 4720.301(G)(2), R.S. 36:108(B)(5), R.S. 18 37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 1172(A), 2102(A)(2), 19 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory paragraph), 20 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 3463(B)(1), Page 1 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 3554(A)(2), and 3703(B)(3), R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and 2 (m)(iv), and 2403(H)(1), R.S. 42:2.1(A) and 1132(B)(1)(a) through (c), R.S. 3 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 1941.8(A)(introductory 4 paragraph), R.S. 47:337.14(E)(2) and 1702(6), R.S. 48:2134(C)(introductory 5 paragraph), R.S. 49:1112(B)(1), R.S. 51:942(A) and 1762(A)(8)(a)(iii), R.S. 6 56:108(A) and 1705(C), relative to use of terms; to provide for the Restoring 7 Biological Truth Act; to change references from gender to sex; to provide with 8 respect to definitions; to provide for the use of gender and number; to provide for 9 boards, commissions, and councils; to provide for statistical data collection and 10 reporting; to provide for various technical revisions; and to provide for related 11 matters. 12 Be it enacted by the Legislature of Louisiana: 13 Section 1. Civil Code Article 14 is hereby amended and reenacted to read as follows: 14 Art. 14. Use of gender sex 15 Unless the context indicates otherwise, words used with reference to one 16 gender sex apply to the other genders sex. 17 Section 2. R.S. 1:8 is hereby amended and reenacted to read as follows: 18 §8. One gender sex may denote others the other; definition of sex 19 A. Words used in reference to one gender sex apply also to the other genders 20 sex, except as otherwise clearly indicated by the context. 21 B. "Sex" means an individual's biological sex, either male or female, as 22 observed or clinically certified at birth. "Gender identity" and other subjective terms 23 shall not be used as synonyms or substitutes for the term "sex". 24 Section 3. R.S. 3:1493(E) and 2074(E) are hereby amended and reenacted to read 25 as follows: 26 §1493. Louisiana Industrial Hemp Promotion and Research Advisory Board; 27 creation and organization 28 * * * 29 E. Appointments to the board shall be made no later than September 1, 2022. 30 Each appointing authority shall notify the commissioner of the appointment. The Page 2 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 board should be representative of the state's population by race and gender sex to 2 ensure diversity. 3 * * * 4 §2074. Louisiana Equine Promotion and Research Advisory Board; creation and 5 organization 6 * * * 7 E. An organization authorized to make nominations for appointment to the 8 board shall submit its list of nominees within thirty days after the commissioner 9 requests the list. The commissioner shall make all appointments to the board no later 10 than thirty days after receiving the list of nominees. The board should be 11 representative of the state's population by race and gender sex to ensure diversity. 12 * * * 13 Section 4. R.S. 4:158.2(A)(2) and 193(B) are hereby amended and reenacted to read 14 as follows: 15 §158.2. Quarterly reporting of professional services information 16 A. Each association or licensee as defined in R.S. 4:143 shall submit to the 17 commission, the Senate Committee on Judiciary B, and the House Committee on 18 Commerce all of the following: 19 * * * 20 (2) A report on the demographic information of the association's or licensee's 21 workforce, including but not limited to race, gender sex, and Louisiana residency. 22 * * * 23 §193. Categories of persons subject to exclusion and ejection; civil liberties 24 * * * 25 B. No person may be excluded or ejected on account of race, color, creed, 26 national origin, ancestry, disability, as defined in R.S. 51:2232, or gender sex. 27 * * * 28 Section 5. R.S. 9:2720(D) is hereby amended and reenacted to read as follows: Page 3 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §2720. Enforceability of gestational carrier contract 2 * * * 3 D. No person shall enter into a gestational carrier contract that requires the 4 gestational carrier to consent to terminate a pregnancy resulting from in utero 5 embryo transfer for any reason, including a prenatal diagnosis of an actual or 6 potential disability, impairment, genetic variation, or any other health condition or 7 a discrimination based on gender sex, or for the purposes of the reduction of multiple 8 fetuses. Any such provision in a contract executed in the state of Louisiana or any 9 other state shall be absolutely null and unenforceable in the state of Louisiana as 10 contrary to public policy. 11 Section 6. R.S. 11:3390 and 3662 are hereby amended and reenacted to read as 12 follows: 13 §3390. Beneficiaries 14 For the purposes of this Part, whenever reference is made to gender sex, the 15 masculine shall include the feminine, the feminine shall include the masculine, and 16 in particular with reference to Sections 3363, 3378, 3379, 3385, and 3388 without 17 limiting the generality of the above, whenever reference is made to widows of 18 members of the fire department, it shall also apply to widowers of said members. 19 * * * 20 §3662. One gender sex may denote others the other 21 For the purposes of this Subpart, whenever reference is made to gender sex, 22 the masculine shall include the feminine, the feminine shall include the masculine, 23 and in particular with reference to Sections 3631, 3648, 3656, and 3660; without 24 limiting the generality of the above, whenever reference is made to widows of 25 members, it shall also apply to widowers of said members. 26 Section 7. R.S. 13:1856(1) and 1857(A)(8)(d)(ii) and (iii) are hereby amended and 27 reenacted to read as follows: 28 §1856. Contents of petition 29 A petition under this Part shall be verified and include a copy of any existing 30 child-custody determination, if available. The petition shall specify the risk factors Page 4 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 for abduction, including the relevant factors described in R.S. 13:1857. Subject to 2 the provisions of R.S. 13:1821(E), if reasonably ascertainable, the petition shall 3 contain: 4 (1) The name, date of birth, and gender sex of the child. 5 * * * 6 §1857. Factors to determine risk of abduction 7 A. In determining whether there is a credible risk of abduction of a child, the 8 court shall consider all of the following factors and any evidence that the petitioner 9 or respondent: 10 * * * 11 (8) Is likely to take the child to a country that either: 12 * * * 13 (d) Has laws or practices that would either: 14 * * * 15 (ii) Restrict the petitioner from freely traveling to or exiting from the country 16 because of the petitioner's gender sex, nationality, marital status, or religion. 17 (iii) Restrict the child's ability legally to leave the country after the child 18 reaches the age of majority because of a child's gender sex, nationality, or religion. 19 * * * 20 Section 8. R.S. 14:107.2(A) is hereby amended and reenacted to read as follows: 21 §107.2. Hate crimes 22 A. It shall be unlawful for any person to select the victim of the following 23 offenses against person and property because of actual or perceived race, age, gender 24 sex, religion, color, creed, disability, sexual orientation, national origin, or ancestry 25 of that person or the owner or occupant of that property or because of actual or 26 perceived membership or service in, or employment with, an organization, or 27 because of actual or perceived employment as a law enforcement officer, firefighter, 28 or emergency medical services personnel: first or second degree murder; 29 manslaughter; battery; aggravated battery; second degree battery; aggravated assault 30 with a firearm; terrorizing; menacing; mingling harmful substances; simple or third Page 5 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 degree rape, forcible or second degree rape, or aggravated or first degree rape; sexual 2 battery; second degree sexual battery; oral sexual battery; carnal knowledge of a 3 juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with 4 a physical or mental disability; simple, second degree, or aggravated kidnapping; 5 simple or aggravated arson; communicating of false information of planned arson; 6 simple or aggravated criminal damage to property; contamination of water supplies; 7 simple or aggravated burglary; criminal trespass; simple, first degree, or armed 8 robbery; purse snatching; extortion; theft; desecration of graves; institutional 9 vandalism; or assault by drive-by shooting. 10 * * * 11 Section 9. R.S. 15:827.3(A)(2)(c)(i), 832(A), 905(F)(13)(b) and (14)(a)(ii) and 12 (d)(ii), 933(D)(4)(introductory paragraph) and (E)(1)(introductory paragraph), 934(B)(4), 13 1110(D)(3), 1204.2(B)(4), and 1228.9(D)(1)(a) are hereby amended and reenacted to read 14 as follows: 15 §827.3. Savings attributable to criminal justice reforms; data collection and 16 reporting requirements to the Joint Legislative Committee on the Budget 17 A. 18 * * * 19 (2) Each fiscal year, the annual savings shall be allocated as follows: 20 * * * 21 (c) Forty-five percent shall be allocated to the Louisiana Community and 22 Technical College System for targeted investments in educational and vocational 23 training aimed at recidivism reduction programming for adult and juvenile offenders. 24 Such funds shall be utilized in connection with any other available sources of federal 25 or state aid or training funds. The Louisiana Community and Technical College 26 System shall provide a report to the legislature by December fifteenth of each year 27 which shall include but not be limited to the following: 28 (i) A detailed description of the number of people trained categorized by age, 29 race, gender sex, and geographic region. 30 * * * Page 6 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §832. Work by inmates; allowance 2 A. The department shall provide employment opportunities and vocational 3 training for all inmates, regardless of gender sex, consistent with available resources, 4 physical custody, and appropriate classification criteria. Insofar as is possible, the 5 equipment used in such programs, the conditions of employment, the management 6 practices, and the general operating procedures thereof shall approximate those of 7 private industry. The provisions of Part IX of Chapter 2 of Title 51 of the Louisiana 8 Revised Statutes of 1950 with respect to prison-made goods shall be applicable to 9 goods made, manufactured, or produced by the inmates of all institutions and 10 facilities, under the jurisdiction of the department. 11 * * * 12 §905. Rules and regulations; education; training and discipline; work opportunities; 13 vocational training; contracts and agreements; solitary confinement 14 * * * 15 F. 16 * * * 17 (13) Every instance of solitary confinement shall be documented 18 electronically and in the aggregate. Unidentified data on the frequency and length 19 of time that the juvenile spends in solitary confinement shall be available upon 20 request as a public record. Documentation of the solitary confinement shall include 21 all of the following: 22 * * * 23 (b) The race, ethnicity, age, gender sex, and disability status of the juvenile. 24 * * * 25 (14)(a) The office of juvenile justice shall submit a report on the use of 26 solitary confinement quarterly to the Juvenile Justice Reform Act Commission. This 27 report shall include all of the following: 28 * * * Page 7 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (ii) The race, ethnicity, age, gender sex, and disability status of each juvenile 2 placed in solitary confinement. 3 * * * 4 (d) The office of juvenile justice shall post a report on the use of solitary 5 confinement on its website quarterly with deidentified aggregate data including but 6 not limited to all of the following: 7 * * * 8 (ii) Race and ethnicity, age, and gender sex of juveniles placed in solitary 9 confinement. 10 * * * 11 §933. Office of juvenile justice; statistical data collection; reporting 12 * * * 13 D. Data to be collected and maintained. The data collected and maintained 14 under this Section shall include but not be limited to the following data points for 15 each child served: 16 * * * 17 (4) Gender Sex. 18 * * * 19 E. Data to be reported. The reports mandated by the office of juvenile 20 justice shall include but not be limited to the following data: 21 (1) Disaggregated by race, ethnicity, gender sex, parish of prosecution, and 22 most serious offense of adjudication, data including: 23 * * * 24 §934. Detention centers 25 * * * 26 B. The data collected and maintained shall include but not be limited to the 27 following information for each child: 28 * * * 29 (4) Gender Sex. 30 * * * Page 8 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §1110. Purpose and reasons for detention; detention standards; licensing; fees 2 * * * 3 D. 4 * * * 5 (3) A copy of the completed detention screening instrument shall be 6 provided to the juvenile detention facility for any child who is admitted into its 7 custody. The juvenile detention facility shall keep a record of the results of the 8 detention screening instrument and the recommendation made based upon the 9 instrument to either detain the child, release the child with conditions, or release the 10 child without conditions. This record shall include the parish in which the child was 11 taken into custody, the most serious charge for which the child was taken into 12 custody, and demographic information about the child including but not limited to 13 race, ethnicity, gender sex, and age. This information shall be aggregated and 14 submitted quarterly to the Louisiana Commission on Law Enforcement and 15 Administration of Criminal Justice which shall annually provide such information 16 to the JDAI Collaborative. 17 * * * 18 §1204.2. Creation of system; functions; powers; duties 19 * * * 20 B. The system, by and through the commission, shall have the following 21 functions, powers, and duties: 22 * * * 23 (4) To prepare and distribute, to all such persons and agencies, forms to be 24 used in reporting data to the system. The forms shall provide for information 25 regarding crimes which are directed against individuals or groups, or their property, 26 by reason of their actual or perceived race, age, gender sex, religion, color, creed, 27 disability, sexual orientation, national origin, or ancestry or by reason of their actual 28 or perceived membership or service in, or employment with, an organization as 29 defined in R.S. 14:107.2. The forms shall also provide for other items of information Page 9 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 needed by federal and state bureaus or departments engaged in the development of 2 national and state statistics. 3 * * * 4 §1228.9. Impaired Driver Tracking System; purpose; procedure 5 * * * 6 D.(1) Every law enforcement agency in this state, including but not limited 7 to city police departments, sheriffs' offices, and state police shall submit the 8 following information to the impaired driver tracking system component of ICJIS, 9 when a person is arrested for any offense listed in Subsection C of this Section: 10 (a) The law enforcement agency making the arrest shall provide sufficient 11 information about the arrested person so that other law enforcement agencies, courts, 12 the Department of Public Safety and Corrections, and other relevant persons or 13 agencies can identify the person arrested, including but not limited to name, address, 14 driver's license number, date of birth, and physical characteristics, such as eye color, 15 hair color, and gender sex. 16 * * * 17 Section 10. R.S. 17:17.5(B)(2), 100.13(G)(2)(f) and (J), 221.3(B)(2)(d), 416(M), 18 416.21(N)(3)(a) and (b)(i)(aa) and (bb), 1519.7(C), 1871(A)(3), 1998, 3047.7(B)(2)(a), 19 3351(B)(2)(b)(ii), 3399.12(5)(i), 3911(B)(1)(i)(introductory paragraph) and 20 (4)(a)(introductory paragraph), 3991(A)(1)(c)(iv) and (B)(3), and 5067(B)(7) are hereby 21 amended and reenacted to read as follows: 22 §17.5. Physical fitness assessment; statewide expansion program 23 * * * 24 B. For purposes of the expansion program, the Cecil J. Picard Center, in 25 collaboration with the Department of Education and the Louisiana Department of 26 Health, shall continue use of the physical fitness assessment instrument used for the 27 pilot program which shall: 28 * * * Page 10 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (2) Include criterion-referenced standards specific to a student's race, age, 2 and gender sex and based on the physical fitness level required for good health. 3 * * * 4 §100.13. Expanded academic support 5 * * * 6 G. 7 * * * 8 (2) In approving high-quality tutoring providers, the department shall require 9 the tutoring providers to: 10 * * * 11 (f) Provide evidence of impact on student outcomes disaggregated by student 12 groups according to race, gender sex, ethnicity, economically disadvantaged 13 students, English language learner status, disability status, and geographic location. 14 Tutoring providers may demonstrate impact through either adherence to the 15 program's model design by aligning with the components of high-dosage tutoring or 16 by having evidence of positive and statistically significant gains in student learning 17 outcomes based on a well-designed randomized controlled trial or 18 quasi-experimental design that provides the basis for evidence of causal program 19 impact and which is conducted by an external third-party researcher. 20 * * * 21 J. The department shall create reporting templates, procedures, and 22 definitions for reporting metrics for city, parish, and other local public school boards 23 to use in collecting and reporting tutoring-related data to the department including 24 changes in academic performance of participating students disaggregated by student 25 groups according to race, gender sex, ethnicity, economically disadvantaged 26 students, English language learner status, disability status, and geographic location. 27 To the extent possible, the department shall leverage existing reporting processes and 28 systems to reduce the reporting burden on local education agencies and public 29 charter schools. 30 * * * Page 11 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §221.3. Student enrollment notification; required schools and programs; content 2 * * * 3 B. 4 * * * 5 (2) Such notification shall: 6 * * * 7 (d) Be a written notification of enrollment which may be a written request 8 for a student's transcript if such transcript request occurs after the student has been 9 accepted for enrollment, with such written request or notification containing at a 10 minimum the student's legal name, date of birth, gender sex, and race. 11 * * * 12 §416. Discipline of students; suspension; expulsion 13 * * * 14 M. The state Department of Education shall publish annually and publish on 15 its website data regarding disciplinary removals disaggregated at the state, system, 16 and school level and also disaggregated and capable of cross-tabulation by the 17 characteristics of gender sex, race, disability, English language learner status, and 18 economically disadvantaged status. In reporting such data, the department shall 19 comply with all federal and state privacy laws and shall strive to ensure that all 20 relevant state accountability metrics are valid and reliable. 21 * * * 22 §416.21. Behavior of students with exceptionalities; use of seclusion and physical 23 restraint 24 * * * 25 N. 26 * * * 27 (3)(a) The state Department of Education shall maintain a database of all 28 reported incidents of seclusion and physical restraint of students with 29 exceptionalities and shall disaggregate the data for analysis by school; student age, Page 12 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 race, ethnicity, and gender sex; student disability, where applicable; and any 2 involved school employees. 3 (b)(i) Based upon the data collected, the state Department of Education shall 4 annually compile a comprehensive report regarding the use of seclusion and physical 5 restraint of students with exceptionalities, which shall at a minimum include the 6 following: 7 (aa) The number of incidents of physical restraint disaggregated by school 8 system; student age, race, ethnicity, gender sex, and student disability classification. 9 (bb) The number of incidents of seclusion disaggregated by school system; 10 student age, race, ethnicity, gender sex, and student disability classification. 11 * * * 12 §1519.7. Hospital advisory committees 13 * * * 14 C. In selecting community advisory committee members, an effort shall be 15 made to reflect the demographic diversity of the community the hospital serves 16 including age, gender sex, race, and other relevant factors. The board shall solicit 17 and accept nominations from the community at large and from organizations 18 representing community interests, including without limitation health professionals, 19 religious and community leaders, consumer advocates, and consumers of hospital 20 services. 21 * * * 22 §1871. Board of Supervisors of Community and Technical Colleges; establishment; 23 members; qualifications and terms; vacancies; duties 24 A. 25 * * * 26 (3) The board should be representative of the state's population by race and 27 gender sex to ensure diversity. 28 * * * Page 13 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §1998. Advisory councils 2 The board, upon the recommendation of the directors of postsecondary 3 vocational-technical schools, shall appoint an advisory council on career education 4 for each school. The members of all such advisory councils in this state shall serve 5 without pay. Each such council shall be limited to fifteen members and be 6 representative of the state's population by race and gender sex to ensure diversity and 7 shall be representative equally of employee, employer, and educational and public 8 interests. 9 * * * 10 §3047.7. Reporting system; implementation; requirements; applicability; 11 participation by eligible institutions 12 * * * 13 B. The information reporting system shall include the following: 14 * * * 15 (2)(a) Demographic information of award recipients, including age, race, 16 gender sex, and household income. 17 * * * 18 §3351. General powers, duties, and functions of postsecondary education 19 management boards 20 * * * 21 B. In addition to the powers and duties vested by Subsection A of this 22 Section and any other applicable laws, each board, as soon as practicable, shall 23 adopt: 24 * * * 25 (2) Rules and regulations which may provide for: 26 * * * 27 (b) 28 * * * 29 (ii) Such rules and regulations may include the establishment, award, and 30 continuance of tuition waivers to any student for purposes of gender sex equity who Page 14 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 participates in an intercollegiate athletic program and who is pursuing an 2 undergraduate degree provided that the student meets the academic standards and 3 complies with the rules and regulations of the college or university such student is 4 attending relative to requirements for attendance as a full-time student. The tuition 5 waivers may be offered at any campus under the jurisdiction of each management 6 board; however, no management board shall issue more than an aggregate of fifty 7 tuition waivers per campus during an academic year and not more than fifty percent 8 of such tuition waivers shall be issued to out-of-state residents. 9 * * * 10 §3399.12. Definitions 11 As used in this Part, the following terms have the following meanings unless 12 the context clearly indicates otherwise: 13 * * * 14 (5) "Power-based violence" means any form of interpersonal violence 15 intended to control or intimidate another person through the assertion of power over 16 the person and shall include the following: 17 * * * 18 (i) Unwelcome sexual or sex- or gender-based conduct that is objectively 19 offensive, has a discriminatory intent, and lacks a bona fide academic purpose. 20 * * * 21 §3911. Data collection system; establishment 22 * * * 23 B.(1) 24 * * * 25 (i) Student discipline information, in total and by unduplicated counts, 26 disaggregated by race, ethnicity, gender, sex, English learner status, and students 27 with exceptionalities, excluding gifted and talented, in accordance with data 28 collection conducted pursuant to 20 U.S.C. 3413(c)(1), including but not limited to 29 the following: 30 * * * Page 15 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (4)(a) The department shall annually collect the following data elements for 2 students with an exceptionality by each disability classification, including breakouts 3 of each speech or language impairment category and breakouts of each intellectual 4 disability category, not including students identified exclusively as gifted and 5 talented, for each city, parish, or other local public school board. The following data 6 elements shall be reported for each disability classification in total as well as by 7 unduplicated counts by race, gender, age, and sex: 8 * * * 9 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation; 10 board membership 11 A.(1) 12 * * * 13 (c) 14 * * * 15 (iv) Beginning with the 2019-2020 school year, the governing or 16 management board of each charter school, other than a Type 2 charter school, 17 located in a parish with a population of between three hundred twenty-five thousand 18 and three hundred seventy-five thousand persons, based on the most recent federal 19 decennial census, shall be representative of the community in which the charter 20 school is located by race and gender sex to ensure diversity, and no fewer than sixty 21 percent of its members shall reside in the parish in which the school is located. 22 * * * 23 B. Each proposed charter shall contain or make provision for the following: 24 * * * 25 (3) Admission requirements, if any, that are consistent with the school's role, 26 scope, and mission may be established pursuant to rules promulgated by the state 27 board. Such admission requirements shall be specific and shall include a system for 28 admission decisions which precludes exclusion of pupils based on race, religion, 29 gender sex, ethnicity, national origin, intelligence level as ascertained by an 30 intelligence quotient examination, identification as a student with an exceptionality Page 16 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 as defined in R.S. 17:1942(B), or identification as a student who is economically 2 disadvantaged. Such admission requirements may include, however, specific 3 requirements related to a school's mission such as auditions for schools with a 4 performing arts mission or proficiency in a foreign language for schools with a 5 language immersion mission. Any school which was chartered prior to July 1, 2012, 6 and which incorporated achievement of a certain academic record as part of its 7 admission requirements may continue to use such admission requirements. No local 8 board shall assign any pupil to attend a charter school, except that a local board in 9 a district in which fifty percent or more of the public schools in the district are 10 charter schools and that uses a single application and enrollment process adopted by 11 the local board for public school enrollment may assign a pupil to a charter school 12 based on such enrollment process, the preferences of the pupil's parent or legal 13 guardian, the charter school's admission requirements, the charter contract, and the 14 local board's policies. 15 * * * 16 §5067. Program information reporting system; implementation; requirements; 17 applicability; participation by eligible institutions and others 18 * * * 19 B. The Taylor Opportunity Program for Students information reporting 20 system shall include but not be limited to the following: 21 * * * 22 (7) Demographic information of program award recipients, including but not 23 limited to race and gender sex. 24 * * * 25 Section 11. R.S. 22:1204(A)(10)(b), 1504(l), 1545(I)(1)(introductory paragraph) and 26 (J), 1808.2(H), 2161(B), 2187(D)(4), and 2503(9)(b)(introductory paragraph) are hereby 27 amended and reenacted to read as follows: 28 §1204. Board of directors 29 A. The board of directors shall be composed of the commissioner of 30 insurance or his designee, who shall serve as an ex officio, nonvoting member of the Page 17 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 board, and twelve members to be selected from the groups and in the manner as 2 follows: 3 * * * 4 (10) 5 * * * 6 (b) The commissioner shall make all diligent efforts to make selections from 7 these three groups that will represent a racial, ethnic, and gender sex reflection of the 8 state for the board of directors. 9 * * * 10 §1504. Use of credit information 11 An insurer authorized to do business in Louisiana that uses credit information 12 to underwrite or rate risks shall not: 13 (1) Use an insurance score that is calculated using income, gender sex, 14 address, zip code, ethnic group, religion, marital status, or nationality of the 15 consumer as a factor. 16 * * * 17 §1545. Examination 18 * * * 19 I.(1) The commissioner of insurance shall prepare, publicly announce, and 20 publish a report that summarizes statistical information relating to life insurance 21 producer examinations administered during the preceding calendar year. Each report 22 shall include the following information for all examinees combined and separately 23 by gender sex, race or ethnicity, race or ethnicity within gender sex, education level, 24 and native language: 25 * * * 26 J. The commissioner of insurance may provide to a testing service provider 27 under contract with the Department of Insurance any demographic information 28 received by the department on applications relating to examinations taken to qualify 29 for an insurance producer license if the commissioner requires the provider to review Page 18 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 and analyze examination results in conjunction with the education level, gender sex, 2 native language, race, or ethnicity of examinees. 3 * * * 4 §1808.2. Examination 5 * * * 6 H. The commissioner of insurance may provide to a testing service provider 7 under contract with the Department of Insurance any demographic information 8 received by the department on applications relating to examinations taken to qualify 9 for an insurance consultant license if the commissioner requires the provider to 10 review and analyze examination results in conjunction with the education level, 11 gender sex, native language, race, or ethnicity of examinees. 12 * * * 13 §2161. Powers of the commissioner; creation of advisory boards 14 * * * 15 B. The commissioner shall appoint the members of any advisory board 16 created pursuant to this Section. The commissioner shall ensure that his 17 appointments demonstrate race, gender sex, ethnic, and geographical diversity. The 18 commissioner shall promulgate rules and regulations in accordance with the 19 Administrative Procedure Act providing for the creation, governance, duties, and 20 termination of any advisory board created pursuant to this Section. 21 * * * 22 §2187. Actuarial reviews of proposed healthcare legislation 23 * * * 24 D. Contractors shall provide all of the following in the report of an actuarial 25 review performed pursuant to this Section: 26 * * * 27 (4) If available, information concerning who would benefit from any cost 28 changes and health benefits from the legislative proposal, as identified in Paragraphs 29 (C)(3) through (8) of this Section, and any disproportionate effects that the Page 19 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 legislative proposal would have on state residents, which information, if available, 2 shall be disaggregated, at a minimum, by race, ethnicity, sex, gender sex, and age. 3 * * * 4 §2503. Definitions 5 As used in this Chapter, the following definitions apply: 6 * * * 7 (9) "Nonpublic information" means electronic information that is not 8 publicly available information and is any of the following: 9 * * * 10 (b) Any information or data, except age or gender sex, in any form or 11 medium created by or derived from a healthcare provider or a consumer, that can be 12 used to identify a particular consumer, and that relates to any of the following: 13 * * * 14 Section 12. R.S. 23:2043(B)(1) is hereby amended and reenacted to read as follows: 15 §2043. Members 16 * * * 17 B.(1) In making the appointments, the governor shall, as nearly as 18 practicable, appoint members in a manner that is representative of the population of 19 the regions of the state and shall consider factors including but not limited to race, 20 color, religion, gender sex, and national origin. 21 * * * 22 Section 13. R.S. 27:46(B) is hereby amended and reenacted to read as follows: 23 §46. Quarterly reporting of professional services and employment information 24 * * * 25 B. In addition to the report required by Subsection A of this Section, each 26 holder of a license as defined in R.S. 27:44 shall submit to the board, the Senate 27 Committee on Judiciary B, and the House Committee on the Administration of 28 Criminal Justice a report of the demographic information of their workforce, 29 including but not limited to race, gender sex, and Louisiana residency. 30 * * * Page 20 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 Section 14. R.S. 32:398.10(A)(2) and 429.3 are hereby amended and reenacted to 2 read as follows: 3 §398.10. Collection and reporting of statistical information relating to traffic stops 4 A. All law enforcement officers defined as a peace officer in R.S. 40:2402 5 shall record and retain the following information: 6 * * * 7 (2) Characteristics of race, gender sex, age, and state of residence of such 8 persons, provided the identification of such characteristics shall be based on the 9 observation and perception of the law enforcement officer responsible for reporting 10 the stop and the information shall not be required to be provided by the person 11 stopped. 12 * * * 13 §429.3. Collection and reporting of statistical information relating to migration of 14 residents 15 The Department of Public Safety and Corrections, office of motor vehicles, 16 shall collect statistical information regarding the gender sex and age of residents 17 moving from parish to parish and residents moving into and out of Louisiana. The 18 office of motor vehicles shall provide a report of this information, sorted by age, by 19 gender sex, by parish, and by state, to the governor, the lieutenant governor, and the 20 secretaries of each state department annually on or before January first of each year. 21 * * * 22 Section 15. R.S. 33:130.302(A)(2), 130.882(A)(2), 363(D), 2740.70.3(B)(2), 23 4071(A)(6), and 4720.301(G)(2) are hereby amended and reenacted to read as follows: 24 §130.302. Board of commissioners; members; officers; employees 25 A. 26 * * * 27 (2) All commissioners shall be qualified voters and taxpayers within the 28 limits of the district during their term of office and shall reside in St. Landry Parish 29 or within an adjoining parish. In making appointments to the commission, the 30 appointing authorities shall make every effort within the law to provide for racial and Page 21 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 gender sex diversity among commissioners and shall make reasonable efforts to 2 ensure that the racial proportion of the appointees reflects the same racial proportion 3 of St. Landry Parish. 4 * * * 5 §130.882. Board of commissioners; members; officers; employees 6 A. 7 * * * 8 (2) Each commissioner shall be a qualified voter and taxpayer within the 9 limits of the district during his term of office and shall reside in St. Martin Parish. 10 In making appointments to the commission, the appointing authorities shall make 11 every effort within the law to provide for racial and gender sex diversity among 12 commissioners and shall make reasonable efforts to ensure that the racial proportion 13 of the appointees reflects the same racial proportion of St. Martin Parish. 14 * * * 15 §363. Village of Palmetto in St. Landry Parish; authority to provide academic 16 scholarships 17 * * * 18 D. Such ordinance or resolution shall provide procedures and criteria for 19 application for and award of such scholarships. Each student to whom a scholarship 20 is awarded shall be a resident of the village of Palmetto in St. Landry Parish, shall 21 be accepted to attend or be enrolled as an undergraduate student in a Louisiana 22 institution of higher education, shall have a cumulative high school or college grade 23 point average of at least three points when calculated on a four-point basis, and shall 24 be adjudged needy by standards equivalent to or more stringent than those of 25 nationally recognized analyses such as those used by the College Scholarship Service 26 or the American College Testing Service. In the event that no student meets the 27 residency criterion, a scholarship may be awarded to a student whose parent or legal 28 guardian is a utility customer of the village in good standing. The village governing 29 authority may establish additional criteria and procedures as are necessary to 30 administer the scholarships. In the administration of the program, no student shall Page 22 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 be discriminated against on the basis of race, color, gender sex, disability, as defined 2 in R.S. 51:2232, national origin, or creed. 3 * * * 4 §2740.70.3. Evangeline Economic Development Authority 5 * * * 6 B. 7 * * * 8 (2) The members of the board shall include representatives from the business 9 community, health care, legal and professional services, small business owners, 10 financial institutions, manufacturing or service companies, local and regional 11 educational systems or institutions, and parish and municipal government 12 organizations. The board shall be representative of the parish's population by age, 13 race, and gender sex to ensure diversity. 14 * * * 15 §4071. Creation and organization of sewerage and water board 16 A. 17 * * * 18 (6) The appointments to the board shall reflect the racial and gender sex 19 diversity of the population of the city of New Orleans to the extent practicable. 20 * * * 21 §4720.301. Shreveport Implementation and Redevelopment Authority 22 * * * 23 G. 24 * * * 25 (2) The board shall be representative of the city's population by race and 26 gender sex to ensure diversity. 27 * * * 28 Section 16. R.S. 36:108(B)(5) is hereby amended and reenacted to read as follows: 29 §108. Offices; purposes and functions 30 * * * Page 23 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 B. The office of economic development shall perform the following 2 functions of the state: 3 * * * 4 (5) The office shall provide services to small and medium-sized businesses 5 in Louisiana, without regard to race or gender sex, and encourage and support the 6 startup of new small businesses and the growth and retention of existing Louisiana 7 firms. 8 * * * 9 Section 17. R.S. 37:832(A)(2), 914(B)(3), 962(C), 1042(B)(1)(b), 1104(A), 10 1172(A), 2102(A)(2), 2353(A)(2), 2403(H), 2407(D), 2455(B)(1), 2704(A)(introductory 11 paragraph), 3061(A)(2)(c), 3084(B)(2), 3201(B)(2), 3386.2(C), 3389(C), 3444(A), 12 3463(B)(1), 3554(A)(2), and 3703(B)(3) are hereby amended and reenacted to read as 13 follows: 14 §832. Louisiana State Board of Embalmers and Funeral Directors; appointments; 15 terms of office 16 A. 17 * * * 18 (2) The board shall consist of nine members to be appointed by the governor, 19 subject to Senate confirmation, as further provided in Subsection B of this Section. 20 All members of the board shall serve at the pleasure of the governor for terms of four 21 years. The governor shall ensure that his appointments demonstrate race, gender sex, 22 ethnic, and geographical diversity. 23 * * * 24 §914. Louisiana State Board of Nursing; appointment of members; term of office; 25 vacancy; officers; compensation 26 * * * 27 B. 28 * * * 29 (3) The governor shall ensure that his appointments demonstrate race, gender 30 sex, ethnic, and geographical diversity. 31 * * * Page 24 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §962. Louisiana State Board of Practical Nurse Examiners; method of appointment 2 * * * 3 C. The appointment of members of the board shall be made from a list, 4 containing twice the number of eligibles to be appointed, submitted to the governor 5 by the Louisiana State Medical Society where the appointee shall be a licensed 6 physician, by the Louisiana Federation of Licensed Practical Nurses, Inc., for one of 7 the practical nurses, by the Licensed Practical Nurses of Louisiana, Inc., for one of 8 the practical nurses, by the Louisiana Nursing Home Association, for one practical 9 nurse, by the Louisiana Hospital Association, for one practical nurse, or by the 10 Louisiana State Nurses Association where the appointee shall be a registered nurse. 11 The consumer member may apply directly to the office of the governor. The 12 governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and 13 geographical diversity. 14 * * * 15 §1042. Louisiana State Board of Optometry Examiners; appointment; terms of 16 members; protected action and communication 17 * * * 18 B.(1) 19 * * * 20 (b) One licensed optometrist member of the board shall be appointed by the 21 governor from each of the five board districts in accordance with this Subsection. 22 The governor shall ensure that his appointments demonstrate race, gender sex, 23 ethnic, and geographical diversity. 24 * * * 25 §1104. Louisiana Licensed Professional Counselors Board of Examiners 26 A. There is hereby created in the Louisiana Department of Health the 27 Louisiana Licensed Professional Counselors Board of Examiners, hereafter referred 28 to as the "board", consisting of eleven members who shall be residents of the state 29 of Louisiana. Each term shall be for four years. Seven appointments to the board, 30 including one consumer from the public at large, shall be made by the governor from 31 a list of qualified candidates submitted by the executive board of the Louisiana Page 25 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 Counseling Association. The consumer member may also apply directly to the office 2 of the governor. Four appointments to the board shall be made by the governor from 3 a list of qualified candidates submitted by the executive board of the Louisiana 4 Association for Marriage and Family Therapy. Each appointment by the governor 5 shall be submitted to the Senate for confirmation. The governor shall ensure that his 6 appointments demonstrate race, gender sex, ethnic, and geographical diversity. 7 * * * 8 §1172. Membership 9 A. The board shall consist of seventeen members appointed by the governor, 10 including two licensed pharmacists from each of the pharmacy districts as provided 11 in R.S. 37:1173 and one representative of the consumers of Louisiana from the state 12 at-large who possess the qualifications specified in R.S. 37:1174. The governor shall 13 ensure that his appointments demonstrate race, gender sex, ethnic, and geographical 14 diversity. 15 * * * 16 §2102. Board of Examiners; creation; domicile; membership; terms of office 17 A. 18 * * * 19 (2) The governor shall ensure that his appointments demonstrate race, gender 20 sex, ethnic, and geographical diversity. 21 * * * 22 §2353. State board of examiners; organization; duties; meetings; fees 23 A. 24 * * * 25 (2) The governor shall appoint members for terms of five years. Each 26 appointment by the governor shall be subject to Senate confirmation. A board 27 member shall not be eligible to succeed himself. All psychologist appointments shall 28 be from a list provided by the Louisiana Psychological Association. The list shall 29 report the results of an election in which persons qualified for board membership 30 may nominate themselves and in which licensed members of the Louisiana Page 26 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 Psychological Association and other persons licensed in accordance with the 2 provisions of this Chapter are entitled to one vote for each vacancy on the board. 3 The consumer member may apply directly to the office of the governor. The 4 governor shall ensure that his appointments demonstrate race, gender sex, ethnic, and 5 geographical diversity. 6 * * * 7 §2403. Physical therapy board; composition 8 * * * 9 H. The governor shall ensure that his appointments demonstrate race, gender 10 sex, ethnic, and geographical diversity. 11 * * * 12 §2407. Practice of physical therapy defined 13 * * * 14 D. Words used in one gender sex apply also to the other, except as otherwise 15 clearly indicated by the context. 16 * * * 17 §2455. Louisiana Board for Hearing Aid Dealers; composition; districts 18 * * * 19 B.(1) The board shall be composed of nine members. Seven members shall 20 be hearing aid dealers, the eighth member shall be the state health officer or his 21 representative, and the ninth member shall be fifty years of age or over and shall 22 serve as a representative of the hearing aid consumers of Louisiana. The seven 23 hearing aid dealers shall be appointed in the following manner. The Louisiana 24 Society of Hearing Aid Specialists, chartered by the state, shall submit to the 25 governor names of not less than fourteen qualified hearing aid dealers, who shall be 26 actively engaged in the selling and fitting of hearing aids. The governor shall ensure 27 that his appointments demonstrate race, gender sex, ethnic, and geographical 28 diversity. 29 * * * Page 27 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §2704. Board of Social Work Examiners 2 A. There is hereby created a Louisiana State Board of Social Work 3 Examiners within the Louisiana Department of Health. The board shall be subject 4 to the provisions of R.S. 36:803. It shall consist of seven members to include six 5 social workers and one consumer member. The members shall be appointed by the 6 governor, subject to Senate confirmation. All appointees shall be selected from one 7 list compiled by all statewide social work membership organizations that have 8 written bylaws and meet all state and federal laws, and the Louisiana Chapter of the 9 National Association of Social Workers shall be responsible for the coordination of 10 this process. The consumer member may apply directly to the office of the governor. 11 The governor shall ensure that his appointments demonstrate race, gender sex, 12 ethnic, and geographical diversity. All appointees shall serve no more than two 13 consecutive full terms. The completion of an unexpired portion of a full term shall 14 not constitute a full term for purposes of this Section. The board shall consist of the 15 following members: 16 * * * 17 §3061. Board of Electrolysis Examiners 18 A. 19 * * * 20 (2) 21 * * * 22 (c) Each appointment by the governor shall be submitted to the Senate for 23 confirmation. The governor shall ensure that his appointments demonstrate race, 24 gender sex, ethnic, and geographical diversity. 25 * * * 26 §3084. Louisiana State Board of Examiners in Dietetics and Nutrition; membership, 27 terms, and vacancies; officers; meetings; quorum; compensation 28 * * * 29 B. 30 * * * Page 28 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (2) The governor shall ensure that his appointments demonstrate race, gender 2 sex, ethnic, and geographical diversity. 3 * * * 4 §3201. Radiologic Technology Board of Examiners; method of appointment; 5 qualifications of members 6 * * * 7 B. 8 * * * 9 (2) Each appointment by the governor shall be submitted to the Senate for 10 confirmation. The governor shall ensure that his appointments demonstrate race, 11 gender sex, ethnic, and geographical diversity. 12 * * * 13 §3386.2. Addictive Disorder Regulatory Authority 14 * * * 15 C. The governor shall ensure that his appointments demonstrate race, gender 16 sex, ethnic, and geographical diversity. Members of the board shall serve three-year 17 terms. Members appointed to fill vacancies caused by death, resignation, or removal 18 shall serve the unexpired terms of their predecessors. 19 * * * 20 §3389. Transition; Addictive Disorder Regulatory Authority 21 * * * 22 C. The governor shall ensure that his appointments demonstrate race, gender 23 sex, ethnic, and geographical diversity. Members of the board shall serve three-year 24 terms. Members appointed to fill vacancies caused by death, resignation, or removal 25 shall serve the unexpired terms of their predecessors. 26 * * * 27 §3444. Louisiana Licensed Professional Vocational Rehabilitation Counselors 28 Board of Examiners 29 A. There is hereby created in the Louisiana Department of Health the 30 Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of 31 Examiners, referred to hereafter in this Chapter as the "board", consisting of five Page 29 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 members who shall be residents of the state of Louisiana. The members shall be 2 appointed by the governor from a list of qualified candidates supplied by the 3 International Association of Rehabilitation Professionals-Louisiana, as specified in 4 this Section. The consumer member may apply directly to the office of the governor. 5 Each term shall be for four years. Each appointment by the governor shall be 6 submitted to the Senate for confirmation. The governor shall ensure that his 7 appointments demonstrate race, gender sex, ethnic, and geographical diversity. 8 * * * 9 §3463. Board; appointments; terms; removal; compensation; officers 10 * * * 11 B.(1) The governor shall appoint, subject to Senate confirmation, members 12 to the board from a list containing the names of five persons, submitted by the 13 Louisiana Association of Wholesale Drug Distributors and from a list containing the 14 names of two persons, submitted by the Pharmaceutical Research and Manufacturers 15 of America. The consumer member may apply directly to the office of the governor. 16 In the event of the death or resignation of any member of the board, the governor 17 shall appoint his successor in the manner of the original appointment for the 18 remainder of the unexpired term. The governor shall ensure that his appointments 19 demonstrate race, gender sex, ethnic, and geographical diversity. 20 * * * 21 §3554. Louisiana Board of Massage Therapy; creation, membership, qualifications, 22 terms, vacancies, officers, meetings, reimbursement, liability 23 A. 24 * * * 25 (2) The governor shall ensure that his appointments demonstrate race, gender 26 sex, ethnic, and geographical diversity. 27 * * * 28 §3703. Louisiana Behavior Analyst Board 29 * * * 30 B. 31 * * * Page 30 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (3) The governor shall ensure that his appointments demonstrate race, gender 2 sex, ethnic, and geographical diversity. A vacancy in an unexpired term shall be 3 filled in the manner of the original appointment for the remainder of the unexpired 4 term. 5 * * * 6 Section 18. R.S. 40:31.61, 101(D)(1), 600.151(D)(1)(l)(ii)(hh) and (m)(iv), and 7 2403(H)(1) are hereby amended and reenacted to read as follows: 8 §31.61. Legislative intent 9 The Legislature of Louisiana wishes to further efforts by the Parkinson's 10 community to find a cure for this devastating disease by helping to determine how 11 many people in the state suffer from Parkinson's and by gathering vital information 12 from these individuals, such as general age, ethnicity, gender sex, as well as possible 13 environmental factors that may have played a part in the development of the disease. 14 Thus, it is the intent of the legislature to establish a system to collect and assess 15 information and data regarding the incidence of Parkinson's disease in the state. 16 * * * 17 §101. Commemorative certificate of miscarried child; requirements 18 * * * 19 D.(1) The commemorative certificate shall contain the name of the fetus and 20 the gender sex, if known. If the name is not furnished by the patient, the vital 21 records registry may complete the commemorative certificate with the name "Baby 22 Boy" or "Baby Girl" and the last name of the patient. If the gender sex of the fetus 23 is unknown, the department shall fill in the commemorative certificate with the name 24 "Baby" and the last name of the patient. 25 * * * 26 §600.151. Louisiana Interagency Council on Homelessness 27 * * * 28 D.(1) The membership of the council shall be reflective of all geographic 29 regions of the state and shall be comprised of the following members: 30 * * * Page 31 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (l) 2 * * * 3 (ii) Each person appointed pursuant to this Subparagraph shall have at least 4 five years of academic or professional expertise in housing or services for people 5 experiencing homelessness with a focus in one or more of the following areas: 6 * * * 7 (hh) Homelessness as it relates to actual or perceived sexual orientation, 8 gender sex identity, or marital status. 9 * * * 10 (m) The executive director of the Louisiana Housing Corporation shall 11 appoint at least two members with lived experience of homelessness. The members 12 shall be appointed from a list of nominations submitted jointly by the governing 13 boards of the continuums of care located in Louisiana. Each member appointed 14 pursuant to this Subparagraph shall represent as many of the following 15 subpopulations as possible: 16 * * * 17 (iv) People with differing actual or perceived sexual orientation, gender sex 18 identity, or marital status. 19 * * * 20 §2403. Council on Peace Officer Standards and Training 21 * * * 22 H.(1) The council may establish and implement curricula and publish 23 training materials to train peace officers to identify, respond to, and report all crimes 24 which are directed against individuals or groups, or their property, by reason of their 25 actual or perceived race, age, gender sex, religion, color, creed, disability, sexual 26 orientation, national origin, or ancestry. 27 * * * 28 Section 19. R.S. 42:2.1(A) and 1132(B)(1)(a) through (c) are hereby amended and 29 reenacted to read as follows: Page 32 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §2.1. Boards, commissions, councils, authorities, entities; composition 2 A. In making appointments to any board, commission, council, authority, or 3 other similar entity that has statewide jurisdiction and is established by law, rule, 4 executive order, or otherwise, the appointing authority shall give due consideration 5 to the demographics of the population of the state, including but not limited to 6 geography, gender sex, and race. 7 * * * 8 §1132. Board of Ethics 9 * * * 10 B. Membership; terms; vacancies; qualifications. 11 (1) The Board of Ethics shall consist of fifteen members to be selected as 12 follows: 13 (a) The governor shall appoint nine members, who shall be representative 14 of the state's population as near as practicable and who shall be subject to Senate 15 confirmation. At least one member shall be appointed from each congressional 16 district, and the governor shall give due consideration to the demographics of the 17 population of the state, including without limitation geography, gender sex, and race. 18 Of those nine, the governor shall appoint at least five members, each of whom shall 19 have been licensed to practice law in this state for at least eight years at the time of 20 his appointment. 21 (b) Three members shall be elected by the House of Representatives, who 22 shall give due consideration to the demographics of the population of the state, 23 including without limitation geography, gender sex, and race. 24 (c) Three members shall be elected by the Senate, who shall give due 25 consideration to the demographics of the population of the state, including without 26 limitation geography, gender sex, and race. 27 * * * 28 Section 20. R.S. 46:153.3(D)(1), 288.5(1), 460.37(B)(10), 1095(A), and 29 1941.8(A)(introductory paragraph) are hereby amended and reenacted to read as follows: Page 33 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §153.3. Medical vendor reimbursements; allowable restrictions; peer-based 2 prescribing and dispensing practice patterns; Medicaid Pharmaceutical and 3 Therapeutics Committee 4 * * * 5 D.(1) The Medicaid Pharmaceutical and Therapeutics Committee, 6 hereinafter referred to as "the committee", is hereby created within the Louisiana 7 Department of Health. The committee shall be composed of fifteen members 8 appointed by the governor and submitted to the Senate for confirmation. The 9 governor shall ensure that appointments achieve race, gender sex, and geographic 10 diversity. 11 * * * 12 §288.5. Written court report; filing 13 Within one hundred fifty days after the extended foster care voluntary 14 placement agreement is signed, the department shall file with the court a written 15 report that shall contain all of the following: 16 (1) The youth's name, date of birth, race, gender sex, and current address. 17 * * * 18 §460.37. Council on Medicaid Pharmacy Reimbursement; creation; composition, 19 purpose, and duties of the council 20 * * * 21 B. 22 * * * 23 (10) Two licensed pharmacists appointed by the Louisiana Board of 24 Pharmacy who are not currently serving on the board. The board shall strive to 25 ensure its appointments demonstrate race, gender sex, ethnic, and geographical 26 diversity. 27 * * * Page 34 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §1095. Board of commissioners; membership; appointment; terms; compensation; 2 removal 3 A. The two areas of the district shall be governed by separate governing 4 boards. Each area of the district shall be governed by a board of thirteen 5 commissioners, referred to in this Part as the "commission", who shall be qualified 6 voters and residents of Orleans Parish and who shall reflect the ethnic, cultural, and 7 gender sex diversity of the parish. 8 * * * 9 §1941.8. Children and youth services advisory boards; members; duties 10 A. Each planning board shall consist of a minimum of eleven, but not more 11 than twenty-five members. Special care should be given in the appointments to 12 ensure that the board is representative of the community in terms of gender sex, age, 13 ethnicity, and geography, as well as knowledge and expertise. Those appointed shall 14 include the following, if available and willing to serve, but need not be limited to: 15 * * * 16 Section 20. R.S. 47:337.14(E)(2) and 1702(6) are hereby amended and reenacted 17 to read as follows: 18 §337.14. Central collection commission 19 * * * 20 E. 21 * * * 22 (2) The central collection commission of the parish of St. Landry shall be 23 representative of the parish's population by race and gender sex to ensure diversity. 24 * * * 25 §1702. Definitions 26 As used in this Subtitle, the following terms have the meaning ascribed to 27 them in this Section, unless the context clearly indicates otherwise: 28 * * * Page 35 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 (6) "Person" or "persons", "taxpayer" or "taxpayers" includes firms, 2 companies, associations and corporations; all words importing the masculine gender 3 sex apply to females also, and all words in the plural number apply to single 4 individuals in all cases in which the spirit and intent of this Chapter require it. 5 * * * 6 Section 22. R.S. 48:2134(C)(introductory paragraph) is hereby amended and 7 reenacted to read as follows: 8 §2134. Ouachita Expressway Authority; creation; board of commissioners; 9 meetings; quorum 10 * * * 11 C. The governing body of the authority shall be a board of commissioners 12 which is hereby created. The board shall have full power to promulgate rules and 13 regulations for the maintenance and operation of the authority. The Ouachita 14 Expressway Authority membership shall be representative as near as practicable by 15 race and gender sex of the Ouachita parish population as of the most recent federal 16 decennial census. The board shall be composed of fifteen commissioners as follows: 17 * * * 18 Section 23. R.S. 49:1112(B)(1) is hereby amended and reenacted to read as follows: 19 §1112. Commission established; purposes; membership; officers 20 * * * 21 B.(1) The commission shall consist of no fewer than fifteen and no more 22 than twenty-five voting members. Not more than fifty percent of the commission 23 membership plus one shall be from the same political party. To the maximum extent 24 practicable, it shall be balanced according to race, ethnicity, age, disability, and 25 gender sex characteristics. 26 * * * 27 Section 24. R.S. 51:942(A) and 1762(A)(8)(a)(iii) are hereby amended and reenacted 28 to read as follows: Page 36 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 §942. Small and emerging businesses 2 A. The department shall provide for the increased opportunity for small and 3 emerging businesses to become competitive in a modern economy without regard to 4 race or gender sex. This purpose shall be accomplished by providing a program of 5 assistance and promotion. The following provisions of this Section shall be applied 6 and interpreted to promote this purpose. 7 * * * 8 §1762. Prohibitions; data collection; targeted advertising 9 A. As used in this Chapter, the following terms have the following 10 meanings: 11 * * * 12 (8) "Sensitive personal data" means data collected directly from an account 13 holder online that provides any of the following: 14 (a) Information that reveals any of the following about the account holder: 15 * * * 16 (iii) Gender. Sex. 17 * * * 18 Section 25. R.S. 56:108(A) and 1705(C) are hereby amended and reenacted to read 19 as follows: 20 §108. Deer and turkey harvest records and tagging 21 A. The Wildlife and Fisheries Commission may promulgate and adopt rules 22 and regulations in accordance with the Administrative Procedure Act in relation to 23 deer or turkey harvest records and tagging. Such rules and regulations may include 24 the following: tagging requirements, gender sex, age, antler requirements, take, 25 possession, limit, and reporting requirements. 26 * * * 27 §1705. Poverty Point Reservoir Development Dedicated Fund Account 28 * * * Page 37 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 C. The Poverty Point Reservoir Development District Board membership 2 shall be representative of the population of the state based on race and gender sex as 3 near as practicable. 4 Section 26. Code of Civil Procedure Article 5055 is hereby amended and reenacted 5 to read as follows: 6 Art. 5055. Number; gender sex 7 Unless the context clearly indicates otherwise: 8 (1) Words used in the singular number apply also to the plural; words used 9 in the plural number include the singular; and . 10 (2) Words used in one gender sex apply also to the others other sex. 11 Section 27. Code of Criminal Procedure Articles 4, 795(C), (D), and (E), 989, 992, 12 994, 997, 998, and 999.1 are hereby amended and reenacted to read as follows: 13 Art. 4. Number; gender sex 14 Unless the context clearly indicates otherwise: 15 (1) Words used in the singular number apply also to the plural; words used 16 in the plural number include the singular; and . 17 (2) Words used in one gender sex apply also to the other. 18 * * * 19 Art. 795. Time for challenges; method; peremptory challenges based on race or 20 gender sex; restrictions 21 * * * 22 C. No peremptory challenge made by the state or the defendant shall be 23 motivated in substantial part on the basis of the race or gender sex of the juror. If 24 an objection is made that a challenge was motivated in substantial part on the basis 25 of race or gender sex, and a prima facie case supporting that objection is made by the 26 objecting party, the court shall demand a satisfactory race or gender sex neutral 27 reason for the exercise of the challenge. Such demand and disclosure shall be made 28 outside of the hearing of any juror or prospective juror. The court shall then 29 determine whether the challenge was motivated in substantial part on the basis of 30 race or gender sex. Page 38 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 D. The court shall allow to stand each peremptory challenge exercised for 2 a race or gender sex neutral reason either apparent from the examination or disclosed 3 by counsel when required by the court. The provisions of Paragraph C of this Article 4 and this Paragraph shall not apply when both the state and the defense have exercised 5 a challenge against the same juror. 6 E. The court shall allow to stand each peremptory challenge for which a 7 satisfactory racially neutral or gender sex neutral reason is given. Those jurors who 8 have been peremptorily challenged and for whom no satisfactory racially neutral or 9 gender sex neutral reason is apparent or given may be ordered returned to the panel, 10 or the court may take such other corrective action as it deems appropriate under the 11 circumstances. The court shall make specific findings regarding each such 12 challenge. 13 * * * 14 Art. 989. Motion for expungement forms to be used 15 STATE OF LOUISIANA 16 JUDICIAL DISTRICT FOR THE PARISH OF 17 ______________________________ 18 No.: _____________ Division: "_______" 19 State of Louisiana 20 vs. 21 _______________________________________________________ 22 MOTION FOR EXPUNGEMENT 23 NOW INTO COURT comes mover, who provides the court with the 24 following information in connection with this request: 25 I. DEFENDANT INFORMATION 26 NAME: ___________________________________________________________ 27 (Last, First, MI) 28 DOB: ________/______/_______ (MM/DD/YYYY) 29 GENDER SEX _____ Female _____Male 30 SSN (last 4 digits): XXX-XX-________ Page 39 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 RACE: _________________ 2 DRIVER LIC.# _________________ 3 ARRESTING AGENCY: __________________________________________ 4 SID# (if available): _________________ 5 ARREST NUMBER (ATN): _________________ 6 AGENCY ITEM NO. _________________ 7 Mover is entitled to expunge the record of his arrest/conviction pursuant to 8 Louisiana Code of Criminal Procedure Article 971 et seq. and states the following 9 in support: 10 II. ARREST INFORMATION 11 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY) 12 2. _____ YES _____ NO A supplemental sheet with arrests and/or 13 convictions is attached after page 2 of this 14 Motion. 15 3. Mover was: 16 _____ YES _____ NO Arrested, but it did not result in conviction 17 _____ YES _____ NO Convicted of and seeks to expunge a 18 misdemeanor 19 _____ YES _____ NO Convicted of and seeks to expunge a felony 20 _____ YES _____ NO Convicted but determined to be factually 21 innocent and entitled to compensation for a 22 wrongful conviction pursuant to the 23 provisions of R.S. 15:572.8. 24 4. Mover was booked and/or charged with the following offenses: (List each 25 offense booked and charged separately. Attach a supplemental sheet, if 26 necessary.) 27 ____ Yes ____ No ARRESTS THAT DID NOT RESULT IN CONVICTION 28 NO. 1 La. Rev. Stat. Ann. § _______ : ________ Page 40 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 Name of the offense __________________ 2 ( ) Time expired for prosecution __________________ 3 (MM/DD/YYYY) 4 ( ) Not prosecuted for any offense 5 arising out of this charge. 6 ( ) Pre-trial Diversion Program. 7 ( ) DWI Pre-Trial Diversion Program 8 and 5 years have elapsed since the 9 date of arrest. 10 ( ) Charge dismissed 11 ( ) Found not guilty/judgment of acquittal 12 NO. 2 La. Rev. Stat. Ann. § _______ : ________ 13 Name of the offense __________________ 14 ( ) Time expired for prosecution __________________ 15 (MM/DD/YYYY) 16 ( ) Not prosecuted for any 17 offense arising out of this charge. 18 ( ) Pre-trial Diversion Program. 19 ( ) Charge dismissed 20 ( ) Found not guilty/judgment of acquittal 21 NO. 3 La. Rev. Stat. Ann. § _______ : ________ 22 Name of the offense __________________ 23 ( ) Time expired for prosecution __________________ 24 (MM/DD/YYYY) 25 ( ) Not prosecuted for any offense 26 arising out of this charge. 27 ( ) Pre-trial Diversion Program. 28 ( ) Charge dismissed 29 ( ) Found not guilty/judgment of acquittal 30 ____ Yes ____ No MISDEMEANOR CONVICTIONS Page 41 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 2 Name of the offense _________________ 3 ( ) Conviction set aside/dismissed _____/____/_______ 4 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 5 ( ) More than 5 years have passed 6 since completion of sentence. 7 NO. 2 La. Rev. Stat. Ann. § _______ : ________ 8 Name of the offense _________________ 9 ( ) Conviction set aside/dismissed _____/____/_______ 10 pursuant to C.Cr.P. Art. 894(B) (MM/DD/YYYY) 11 ( ) More than 5 years have passed 12 since completion of sentence. 13 ____ Yes ____ No FELONY CONVICTIONS 14 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 15 ( ) Conviction set aside/dismissed _____/____/_______ 16 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 17 ( ) More than 10 years have passed 18 since completion of sentence 19 ( ) Received a first offender pardon for an eligible offense 20 NO. 2 La. Rev. Stat. Ann. § _______ : ________ 21 ( ) Conviction set aside/dismissed _____/____/_______ 22 pursuant to C.Cr.P. Art. 893(E) (MM/DD/YYYY) 23 ( ) More than 10 years have passed 24 since completion of sentence 25 ( ) Received a first offender pardon for an eligible offense 26 ____ Yes ____ No OPERATING A MOTOR VEHICLE WHILE 27 INTOXICATED CONVICTIONS 28 Mover has attached the following: 29 ( ) A copy of the proof from the Department of Public Safety and 30 Corrections, office of motor vehicles, that it has received from the Page 42 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 clerk of court a certified copy of the record of the plea, fingerprints 2 of the defendant, and proof of the requirements set forth in C.Cr.P. 3 Art. 556, which shall include the defendant's date of birth, last four 4 digits of social security number, and driver's license number 5 5. Mover has attached to this Motion the following pertinent documents: 6 G Criminal Background Check from the La. State Police/Parish Sheriff 7 dated within the past 60 days (required). 8 G Bill(s) of Information (if any). 9 G Minute entry showing final disposition of case (if any). 10 G Certification Letter from the District Attorney for fee waiver (if 11 eligible). 12 G Certification Letter from the District Attorney verifying that the 13 applicant has no convictions or pending applicable criminal charges 14 in the requisite time periods. 15 G Certification Letter from the District Attorney verifying that the 16 charges were refused. 17 G Certification Letter from the District Attorney verifying that the 18 applicant did not participate in a pretrial diversion program. 19 G A copy of a first offender pardon. 20 G A copy of the order waiving the sex offender registration and 21 notification requirements. 22 G A copy of the court order determination of factual innocence and 23 order of compensation for a wrongful conviction pursuant to the 24 provisions of R.S. 15:572.8 if applicable. 25 The Mover prays that if there is no objection timely filed by the arresting law 26 enforcement agency, the district attorney's office, or the Louisiana Bureau of 27 Criminal Identification and Information, that an order be issued herein ordering the 28 expungement of the record of arrest and/or conviction set forth above, including all 29 photographs, fingerprints, disposition, or any other such information, which record 30 shall be confidential and no longer considered a public record, nor be made available Page 43 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 to other persons, except a prosecutor, member of a law enforcement agency, or a 2 judge who may request such information in writing, certifying that such request is 3 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the 4 purpose of any other statutorily defined law enforcement or administrative duties, 5 or for the purpose of the requirements of sex offender registration and notification 6 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this Court to any 7 other person for good cause shown, or as otherwise authorized by law. 8 If an "Affidavit of No Opposition" by each agency named herein is attached 9 hereto and made a part hereof, Defendant requests that no contradictory hearing be 10 required and the Motion be granted ex parte. 11 Respectfully submitted, 12 ____________________________________ 13 Signature of Attorney for Mover/Defendant 14 ____________________________________ 15 Attorney for Mover/Defendant Name 16 ____________________________________ 17 Attorney's Bar Roll No. 18 ____________________________________ 19 Address 20 21 ____________________________________ 22 City, State, ZIP Code 23 ____________________________________ 24 Telephone Number Page 44 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 If not represented by counsel: 2 ____________________________________ 3 Signature of Mover/Defendant 4 ____________________________________ 5 Mover/Defendant Name 6 ____________________________________ 7 Address 8 9 ____________________________________ 10 City, State, ZIP Code 11 ____________________________________ 12 Telephone Number 13 * * * 14 Art. 992. Order of expungement form to be used 15 STATE OF LOUISIANA 16 JUDICIAL DISTRICT FOR THE PARISH OF 17 ______________________________ 18 No.: ____________ Division: "_______" 19 State of Louisiana 20 vs. 21 _______________________________________________________ 22 ORDER OF EXPUNGEMENT OF ARREST/CONVICTION RECORD 23 Considering the Motion for Expungement 24 G The hearing conducted and evidence adduced herein, OR 25 G Affidavits of No Opposition filed, Page 45 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 IT IS ORDERED, ADJUDGED AND DECREED 2 G THE MOTION IS DENIED for No(s). __________ for the following 3 reasons (check all that apply): 4 G More than five years have not elapsed since Mover completed the 5 misdemeanor conviction sentence. 6 G More than ten years have not elapsed since Mover completed the felony 7 conviction sentence. 8 G Mover was convicted of one of the following ineligible felony 9 offenses: 10 G A violation of the Uniform Controlled Dangerous Substances Law 11 which is ineligible to be expunged. 12 G An offense currently listed as a sex offense that requires registration 13 pursuant to R.S. 15:540 et seq., at the time the Motion was filed, 14 regardless of whether the duty to register was ever imposed. 15 G An offense defined or enumerated as a "crime of violence" pursuant 16 to R.S. 14:2(B) at the time the Motion was filed. 17 G The arrest and conviction being sought to have expunged is for 18 operating a motor vehicle while intoxicated and a copy of the proof 19 from the Department of Public Safety and Corrections, office of 20 motor vehicles, is not attached as required by C.Cr.P. Art. 984(A). 21 G Mover was convicted of a misdemeanor which arose from 22 circumstances involving a sex offense as defined in R.S. 15:541. 23 G Mover was convicted of misdemeanor offense of domestic abuse 24 battery which was not dismissed pursuant to C.Cr.P. Art. 894(B). 25 G Mover did not complete pretrial diversion. 26 G The charges against the mover were not dismissed or refused. 27 G Mover's felony conviction was not set aside and dismissed pursuant 28 to C.Cr.P. Art. 893(E). 29 G Mover's felony conviction was not set aside and dismissed pursuant 30 to C.Cr.P. Art. 894(B). Page 46 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 G Mover completed a DWI pretrial diversion program, but five years 2 have not elapsed since the mover's date of arrest. 3 G Mover's conviction for felony carnal knowledge of a juvenile is not 4 defined as misdemeanor carnal knowledge of a juvenile had the 5 mover been convicted on or after August 15, 2001. 6 G Mover was not convicted of a crime that would be eligible for 7 expungement as required by C.Cr.P. Art. 978(E)(1). 8 G Mover has criminal charges pending against him. 9 G Mover was convicted of a criminal offense during the ten-year 10 period, excluding any noncapital felony during the preceding ten-year 11 period that would otherwise be eligible for expungement pursuant to 12 C.Cr.P. Art. 978(F). 13 G Mover received a first offender pardon but for an ineligible offense. 14 G Mover did not receive a first offender pardon. 15 G Denial for any other reason provided by law with attached reasons for 16 denial. 17 G THE MOTION IS HEREBY GRANTED for No(s). ____________ 18 and all agencies are ordered to expunge the record of arrest/conviction and any 19 photographs, fingerprints, or any other such information of any kind maintained in 20 connection with the Arrest(s)/Conviction(s) in the above-captioned matter, which 21 record shall be confidential and no longer considered a public record, nor be 22 available to other persons except a prosecutor, member of a law enforcement agency, 23 or a judge who may request such information in writing certifying that such request 24 is for the purpose of prosecuting, investigating, or enforcing the criminal law, for the 25 purpose of any other statutorily defined law enforcement or administrative duties, 26 or for the purpose of the requirements of sex offender registration and notification 27 pursuant to the provisions of R.S. 15:541 et seq. or upon an order of this Court to any 28 other person for good cause shown, or as otherwise authorized by law. 29 G THE MOTION IS HEREBY GRANTED FOR EXPUNGEMENT 30 BY REDACTION If the record includes more than one individual and the mover Page 47 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 is entitled to expungement by redaction pursuant to Code of Criminal Procedure 2 Article 985, for No(s). ____________ and all agencies are ordered to expunge the 3 record of arrest/conviction and any photographs, fingerprints, or any other such 4 information of any kind maintained in relation to the Arrest(s)/Conviction(s) in the 5 above-captioned matter as they relate to the mover only. The record shall be 6 confidential and no longer considered a public record, nor be available to other 7 persons except a prosecutor, member of a law enforcement agency, or a judge who 8 may request such information in writing certifying that such request is for the 9 purpose of prosecuting, investigating, or enforcing the criminal law, for the purpose 10 of any other statutorily defined law enforcement or administrative duties, or for the 11 purpose of the requirements of sex offender registration and notification pursuant to 12 the provisions of R.S. 15:541 et seq. or upon an order of this Court to any other 13 person for good cause shown, or as otherwise authorized by law. 14 NAME: _______________________________________________________ 15 (Last, First, MI) 16 DOB: ______/_____/______ (MM/DD/YY) 17 GENDER SEX: _____ Female _____Male 18 SSN (last 4 digits): XXX-XX-_________ 19 RACE: _________________ 20 DRIVER LIC.# _________________ 21 ARRESTING AGENCY: ______________________________________ 22 SID# (if available): _________________ 23 ARREST NUMBER (ATN): _________________ 24 AGENCY ITEM NUMBER: _________________ 25 ARREST DATE: ______/_____/______ (MM/DD/YY) 26 THUS ORDERED AND SIGNED this _____ day of _______________, 20____ 27 at ________________________, Louisiana. 28 ___________________________________ 29 JUDGE Page 48 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 PLEASE SERVE: 2 1. District Attorney: ______________________________________________ 3 2. Arresting Agency: _____________________________________________ 4 3. Parish Sheriff:________________________________________________ 5 4. Louisiana Bureau of Criminal Identification and Information___________ 6 5. Attorney for Defendant (or defendant)_____________________________ 7 6. Clerk of Court ____________________________ 8 * * * 9 Art. 994. Motion for interim expungement form to be used 10 STATE OF LOUISIANA 11 JUDICIAL DISTRICT FOR THE PARISH OF 12 ______________________________ 13 No.: _____________ Division: "_______" 14 State of Louisiana 15 vs. 16 _______________________________________________________ 17 MOTION FOR INTERIM EXPUNGEMENT 18 NOW INTO COURT comes mover, who provides the court with the 19 following information in connection with this request: 20 I. DEFENDANT INFORMATION 21 NAME: ___________________________________________________________ 22 (Last, First, MI) 23 DOB: ________/______/_______ (MM/DD/YYYY) 24 GENDER SEX _____ Female _____Male 25 SSN (last 4 digits): XXX-XX-________ 26 RACE: _________________ 27 DRIVER LIC.# _________________ 28 ARRESTING AGENCY: __________________________________________ 29 SID# (if available): _________________ 30 ARREST NUMBER (ATN): _________________ Page 49 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 AGENCY ITEM NO. ________________ 2 Mover is entitled to an interim expungement of the entry of the felony 3 charge(s) of his arrest pursuant to Louisiana Code of Criminal Procedure Article 4 985.1 and states the following in support: 5 II. ARREST INFORMATION 6 1. Mover was arrested on _______/______/_______ (MM/DD/YYYY) 7 2. _____ YES _____ NO A supplemental sheet with arrests and/or 8 convictions is attached after page 2 of this 9 Motion. 10 3. Mover was: 11 _____ YES _____ NO Arrested for a felony offense. 12 _____ YES _____ NO Convicted of a misdemeanor arising out of 13 that felony offense. 14 4. Mover was booked and/or charged with the following offenses: (List each 15 offense booked and charged separately. Attach a supplemental sheet, if 16 necessary.) 17 ____ Yes ____ No FELONY ARREST T H AT RES UL T E D IN A 18 MISDEMEANOR CONVICTION 19 NO. 1 La. Rev. Stat. Ann. § _______ : ________ 20 Name of the offense __________________ 21 __________________ 22 (MM/DD/YYYY) 23 ( ) Felony charge dismissed. 24 ( ) Convicted of misdemeanor offense arising out of 25 felony arrest. Page 50 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 5. Mover has attached to his Motion a criminal background check from the 2 Louisiana State Police/Parish Sheriff dated within the past sixty days 3 (required). 4 The mover prays that if there is no objection timely filed by the arresting law 5 enforcement agency, the District Attorney's Office, or the Louisiana Bureau of 6 Criminal Identification and Information, that an order be issued herein ordering the 7 Louisiana Bureau of Criminal Identification and Information to expunge the entry 8 of the felony charge(s) listed contained in the criminal history; and further that the 9 Clerk of Court, District Attorney, and arresting law enforcement agency expunge the 10 entry of those felony charge(s) from any public indices. 11 If an "Affidavit of No Opposition" by each agency named herein is attached 12 hereto and made a part hereof, Defendant requests that no contradictory hearing be 13 required and the Motion be granted ex parte. 14 Respectfully submitted, 15 ____________________________________ 16 Signature of Attorney for Mover/Defendant 17 ____________________________________ 18 Attorney for Mover/Defendant Name 19 ____________________________________ 20 Attorney's Bar Roll No. 21 ____________________________________ 22 Address 23 ____________________________________ 24 City, State, ZIP Code 25 ____________________________________ 26 Telephone Number 27 If not represented by counsel: 28 ____________________________________ 29 Signature of Mover/Defendant 30 ____________________________________ 31 Mover/Defendant Name 32 ____________________________________ 33 Address 34 ____________________________________ 35 City, State, ZIP Code Page 51 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 ____________________________________ 2 Telephone Number 3 PLEASE SERVE: 4 1. District Attorney______________________________________________ 5 2. Louisiana Bureau of Criminal Identification and Information___________ 6 3. Arresting Agency ______________________________________________ 7 * * * 8 Art. 997. Certification of human trafficking victim status 9 STATE OF LOUISIANA 10 __________ JUDICIAL DISTRICT FOR THE PARISH OF ____________________ 11 NO.:_________________________ DIVISION: _______________ 12 STATE OF LOUISIANA 13 vs. 14 ________________________________ 15 CERTIFICATION OF HUMAN TRAFFICKING VICTIM STATUS 16 In accordance with the provisions of Louisiana Code of Criminal Procedure Article 17 983, the Office of the District Attorney has reviewed and determined that one, 18 ________________________________________________________________________, 19 R A C E / G E N D E R S E X : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D O B : 20 ___________________________, SSN:_________________________________, has 21 established by a preponderance of the evidence proof of status as a victim of human 22 trafficking in accordance with the provisions of R.S. 14:46.2, for the following offense(s), 23 detailed specifically as follows: 24 (If more than one offense, each relevant offense must be specifically listed in the 25 following format) 26 OFFENSE:________________________ 27 DOCKET NO:_____________________ 28 CHARGE:________________________ 29 DATE OF ARREST:________________ 30 ARRESTING AGENCY:____________ 31 CITY/PARISH OF ARREST:___________________ 32 FURTHER, that the above offense(s) for which this Certification issued was 33 committed, in substantial part, as a result of the above-named being a victim of human 34 trafficking, in accordance with R.S. 14:46.2. 35 FURTHER, this Certification shall be considered as prima facie evidence of the 36 victim's status in similar eligible crimes committed within other Louisiana jurisdictions 37 during the time period in which the above-named was a victim of human trafficking. 38 FURTHER, all applicable time delays pertaining to expungement contained in 39 Louisiana Code of Criminal Procedure Articles 977 and 978 shall be waived when presented 40 to the clerk of court with an application for expungement of the above-specified offense(s). 41 FURTHER, any application for expungement of the above-specified offense(s) shall 42 be at no cost to the above-named victim. 43 _______________________ __________________________________ 44 DATE DISTRICT ATTORNEY 45 PARISH OF Page 52 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 _____________ JUDICIAL DISTRICT 2 STATE OF LOUISIANA 3 * * * 4 Art. 998. Motion for expungement form to be used for certain misdemeanor 5 convictions 6 STATE OF LOUISIANA 7 JUDICIAL DISTRICT FOR THE PARISH OF 8 ______________________________ 9 No.: _____________ Division: "_______" 10 State of Louisiana 11 vs. 12 _______________________________________________________ 13 MOTION FOR EXPUNGEMENT FOR MISDEMEANOR CONVICTION FOR A 14 FIRST OFFENSE POSSESSION OF MARIJUANA 15 NOW INTO COURT comes mover, who provides the court with the following 16 information in connection with this request: 17 I. DEFENDANT INFORMATION 18 NAME: ___________________________________________________________ 19 (Last, First, MI) 20 DOB: ________/______/_______ (MM/DD/YYYY) 21 GENDER SEX _____ Female _____Male 22 SSN (last 4 digits): XXX-XX-________ 23 RACE: _________________ 24 DRIVER LIC.# _________________ 25 ARRESTING AGENCY: __________________________________________ 26 SID# (if available): _________________ 27 ARREST NUMBER (ATN): _________________ 28 AGENCY ITEM NO. _________________ 29 Mover is entitled to expunge the record of his arrest/conviction pursuant to Louisiana 30 Code of Criminal Procedure Article 971 et seq. and states the following in support: 31 II. MISDEMEANOR CONVICTION FOR A FIRST OFFENSE POSSESSION 32 OF MARIJUANA 33 1. Mover was convicted on _______/______/_______ (MM/DD/YYYY) 34 The Mover prays that if there is no objection timely filed by the arresting law 35 enforcement agency, the district attorney's office, or the Louisiana Bureau of 36 Criminal Identification and Information, that an order be issued herein ordering the 37 expungement of the record of arrest and/or conviction set forth above, including all 38 photographs, fingerprints, disposition, or any other such information, which record 39 shall be confidential and no longer considered a public record, nor be made available 40 to other persons, except a prosecutor, member of a law enforcement agency, or a 41 judge who may request such information in writing, certifying that such request is 42 for the purpose of prosecuting, investigating, or enforcing the criminal law, for the 43 purpose of any other statutorily defined law enforcement or administrative duties, 44 or for the purpose of the requirements of sex offender registration and notification 45 pursuant to the provisions of R.S. 15:541 et seq. or as an order of this court to any 46 other person for good cause shown, or as otherwise authorized by law. 47 If an "Affidavit of No Opposition" by each agency named herein is attached hereto 48 and made a part hereof, defendant requests that no contradictory hearing be required 49 and the motion be granted ex parte. 50 Respectfully submitted, 51 ____________________________________ 52 Signature of Attorney for Mover/Defendant 53 ____________________________________ 54 Attorney for Mover/Defendant Name 55 ____________________________________ 56 Attorney's Bar Roll No. Page 53 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 ____________________________________ 2 Address 3 ____________________________________ 4 City, State, ZIP Code 5 ____________________________________ 6 Telephone Number 7 If not represented by counsel: 8 ____________________________________ 9 Signature of Mover/Defendant 10 ____________________________________ 11 Mover/Defendant Name 12 ____________________________________ 13 Address 14 ____________________________________ 15 City, State, ZIP Code 16 ____________________________________ 17 Telephone Number 18 * * * 19 Art. 999.1. Order form to be used; expedited expungement 20 JUDICIAL DISTRICT FOR THE PARISH OF 21 ______________________________ 22 No.: _____________ Division: "_______" 23 State of Louisiana 24 vs. 25 _______________________________________________________ 26 ORDER OF EXPUNGEMENT UNDER 27 CODE OF CRIMINAL PROCEDURE ARTICLE 999 28 Pursuant to Code of Criminal Procedure Article 999, wherein all of the following 29 applies, 30 (1) The defendant was seventeen years of age when the defendant was arrested or 31 charged with any criminal offense as provided in Title 14 or 40 of the Louisiana Revised 32 Statutes of 1950. 33 (2) The district attorney, for any reason, declined to prosecute all offenses arising 34 out of that arrest, including the reason that the person successfully completed a pretrial 35 diversion program. 36 (3) Prosecution was instituted and such proceedings have been finally disposed of 37 by dismissal, sustaining of a motion to quash, or acquittal. 38 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following 39 charges and arrest on the dates provided herein be expunged. 40 THUS ORDERED AND SIGNED, ADJUDGED, AND DECREED this ____ day 41 of ___________, 20 ____ at ______________, Louisiana, ___________________________. 42 ___________________________ 43 JUDGE 44 DEFENDANT INFORMATION: 45 NAME:________________________________________________ 46 First Middle Last 47 DATE OF BIRTH:_____________ 48 GENDER SEX:_____________ 49 SS#___________________________ 50 RACE___________________________ 51 DRIVER'S LICENSE#___________________ 52 ARRESTING AGENCY___________________ 53 SID#___________________ 54 ARREST NUMBER (ATN)___________________ 55 AGENCY ITEM NO:________________________ Page 54 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 PLEASE SERVE: 2 1. District Attorney:________________________________________________ 3 2. Arresting Agency:_______________________________________________ 4 3. Parish Sheriff:_______________________________________ 5 4. Louisiana Bureau of Criminal Identification and Information 6 _____________________________ 7 5. Attorney for Defendant (or defendant)____________________________ 8 6. Clerk of Court ____________________________ 9 * * * 10 Section 28. Children's Code Article 106, 720(B)(1), 725, 1217.1(A)(4), and 11 1239.1(A)(4) are hereby amended and reenacted to read as follows: 12 Art. 106. Number, gender sex 13 Unless the context clearly indicates otherwise: 14 (1) Words used in the singular number apply also to the the plural; words 15 used in the plural number include the singular. 16 (2) Words used in one gender sex apply also to the other. 17 * * * 18 Art. 720. Motion for guardianship 19 * * * 20 B. The motion, case review report, or case plan shall include all of the 21 following: 22 (1) The name and gender sex of the child, and the date and place of the 23 child's birth. 24 * * * 25 Art. 725. Findings and purpose 26 The legislature finds that arresting, prosecuting, and incarcerating victimized 27 children serves to re-traumatize them and to increase their feelings of low self- 28 esteem, which only makes the process of recovery more difficult. Both federal and 29 international law recognize that sexually exploited children are the victims of crime 30 and should be treated as such. Therefore, sexually exploited children should not be 31 prosecuted for criminal acts related to prostitution. Instead, sexually exploited 32 children should, where possible, be diverted into services that address the needs of 33 these children outside of the justice system. Sexually exploited children deserve the 34 protection of child welfare services, including diversion, crisis intervention, Page 55 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 counseling, and emergency housing services. The purpose of this Chapter is to 2 protect a child from further victimization after the child is discovered to be a 3 sexually exploited child by ensuring that a child protective response is in place in the 4 state. This is to be accomplished by presuming that any child engaged in prostitution, 5 prostitution by massage, or crime against nature by solicitation is a victim of sex 6 trafficking and providing these children with the appropriate care and services where 7 possible. In determining the need for and capacity of services that may be provided, 8 the Department of Children and Family Services shall recognize that sexually 9 exploited children have separate and distinct service needs according to gender sex, 10 and every effort should be made to ensure these children are not prosecuted or 11 treated as juvenile delinquents, but instead are given the appropriate social services. 12 * * * 13 Art. 1217.1. Reporting requirement; statistical availability 14 A. For each adopted child, the court shall ensure that the department receives 15 all of the following information: 16 * * * 17 (4) The gender sex of the child. 18 * * * 19 Art. 1239.1. Reporting requirement; statistical availability 20 A. For each adopted child, the court shall ensure that the department receives 21 all of the following information: 22 * * * 23 (4) The gender sex of the child. 24 * * * Page 56 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 578 ENROLLED 1 Section 29. The Louisiana State Law Institute is hereby authorized and directed to 2 change all references in law from gender to sex as it pertains to personally identifiable 3 information of an individual. 4 Section 30. This Act shall be known as the "Restoring Biological Truth Act". SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 57 of 57 CODING: Words in struck through type are deletions from existing law; words underscored are additions.