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Regular Session, 2010
HOUSE BILL NO. 1155
BY REPRESENTATIVE CONNICK
SEX OFFENSE/REGISTRY: Provides relative to sex offender registration and notification
provisions
AN ACT1
To amend and reenact R.S. 15:541(2)(a) and (24), 542(A)(2) and (3)(a), (B), (F)(2) and2
(3)(a) and (c), 542.1.3(B)(2), (3), and (4), and (H), and 544(D)(1) and (2) and (E)(2),3
and to enact R.S. 15:541(2)(n), (12)(c), (25)(l), (31), and (32), 542(A)(3)(h), and4
544(D)(4), relative to sex offender registration and notification; to provide relative5
to sex offender registration and notification requirements; to provide for definitions;6
to provide relative to sex offender registration and notification procedures; to amend7
provisions regarding the duration of registration and notification requirements; and8
to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 15:541(2)(a) and (24), 542(A)(2) and (3)(a), (B), (F)(2) and (3)(a)11
and (c), 542.1.3(B)(2), (3), and (4), and (H), and 544(D)(1) and (2) and (E)(2) are hereby12
amended and reenacted and R.S. 15:541(2)(n), (12)(c), (25)(l), (31), and (32), 542(A)(3)(h),13
and 544(D)(4) are hereby enacted to read as follows: 14
§541. Definitions15
For the purposes of this Chapter, the definitions of terms in this Section shall16
apply:17
* * *18
(2) "Aggravated offense" means a conviction for the perpetration or19
attempted perpetration of, or conspiracy to commit, any of the following:20 HLS 10RS-1316 ORIGINAL
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(a) Aggravated rape (R.S. 14:42), which shall include convictions for the1
perpetration or attempted perpetration of, or conspiracy to commit, aggravated oral2
sexual battery (formerly R.S. 14:43.4, Repealed by Acts 2001, No. 301, §2)3
occurring prior to August 15, 2001.4
* * *5
(n) Any conviction for an offense under the laws of another state, or military,6
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in7
Paragraphs (a) through (m) of this Subsection.8
* * *9
(12) "Criminal offense against a victim who is a minor" for the purposes of10
this Chapter means conviction for the perpetration or attempted perpetration of or11
conspiracy to commit any of the following offenses:12
* * *13
(c) Any conviction for an offense under the laws of another state, or military,14
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in15
Paragraphs (a) and (b) of this Subsection.16
* * *17
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,18
or conviction for the perpetration or attempted perpetration of or conspiracy to19
commit R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime20
against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:80 (felony21
carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles),22
R.S.14:81.1 (pornography involving juveniles), R.S. 14:81.2 (molestation of a23
juvenile), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.424
(prohibited sexual conduct between an educator and student), R.S. 14:92(A)(7)25
(contributing to the delinquency of juveniles), R.S. 14:93.5 (sexual battery of the26
infirm), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age of27
seventeen), R.S. 14:283 (video voyeurism), any provision of Subpart C of Part II of28
Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950 R.S. 14:41 (rape),29 HLS 10RS-1316 ORIGINAL
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R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43 (simple rape),1
R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual battery), R.S.2
14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional exposure to AIDS virus), or3
a second or subsequent conviction of R.S. 14:283.1 (voyeurism), committed on or4
after June 18, 1992, or committed prior to June 18, 1992, if the person, as a result of5
the offense, is under the custody of the Department of Public Safety and Corrections6
on or after June 18, 1992. A conviction for any offense provided in this definition7
includes a conviction for the offense under the laws of another state, or military,8
territorial, foreign, tribal, or federal law which is equivalent to an offense provided9
for in this Chapter, unless the tribal court or foreign conviction was not obtained with10
sufficient safeguards for fundamental fairness and due process for the accused as11
provided by the federal guidelines adopted pursuant to the Adam Walsh Child12
Protection and Safety Act of 2006.13
(b) For purposes of this Chapter, "sex offense" shall include deferred14
adjudication, adjudication withheld, or conviction for the perpetration or attempted15
perpetration of or conspiracy to commit aggravated oral sexual battery (formerly16
R.S. 14:43.4, Repealed by Acts 2001, No. 301, §2) occurring prior to August 15,17
2001.18
(25) "Sexual offense against a victim who is a minor" means a conviction for19
the perpetration or attempted perpetration of, or conspiracy to commit, any of the20
following:21
* * *22
(l) Any conviction for an offense under the laws of another state, or military,23
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in24
Paragraphs (a) through (k) of this Subsection.25
* * *26
(31) "Out-of-state offender" means any offender convicted or adjudicated in27
any court system, other than a court in this state, of any offense having elements28 HLS 10RS-1316 ORIGINAL
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equivalent to a "sex offense" or a "criminal offense against a victim who is a minor",1
as defined in this Section.2
(32) "Out of state offense" means any offense, as defined by the laws of any3
jurisdiction other than the state of Louisiana, the elements of which are comparable4
to a Louisiana "sex offense" or "criminal offense against a victim who is a minor",5
as defined in this Section.6
§542. Registration of sex offenders and child predators7
A. The following persons shall be required to register and provide8
notification as a sex offender or child predator in accordance with the provisions of9
this Chapter:10
* * *11
(2) Any juvenile who has pled guilty or has been convicted of a sex offense12
or second degree kidnapping as provided for in Children's Code Article 305 or 857,13
with the exception of simple rape but including any conviction for an offense under14
the laws of another state, or military, territorial, foreign, tribal, or federal law which15
is equivalent to the offenses listed herein for which a juvenile would have to register;16
and17
(3) Any juvenile, who has attained the age of fourteen years at the time of18
commission of the offense, who has been adjudicated delinquent based upon the19
perpetration, attempted perpetration, or conspiracy to commit any of the following20
offenses:21
(a) Aggravated rape (R.S. 14:42),which shall include those that have been22
adjudicated delinquent based upon the perpetration, attempted perpetration, or23
conspiracy to commit aggravated oral sexual battery (formerly R.S. 14:43.4,24
Repealed by Acts 2001, No. 301, §2) occurring prior to August 15, 2001.25
* * *26
(h) An offense under the laws of another state, or military, territorial,27
foreign, tribal, or federal law which is equivalent to the offenses listed in28
Subparagraphs (a) through (g) of this Paragraph.29 HLS 10RS-1316 ORIGINAL
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B.(1) The persons listed in Subsection A of this Section shall register in-1
person with the sheriff of the parish of the person's residence, or residences, if there2
is more than one, and with the chief of police if the address of any of the person's3
residences is located in an incorporated area which has a police department. If the4
offender resides in a parish with a population in excess of four hundred fifty5
thousand, he shall register in-person with the police department of his municipality6
of residence.7
(2) The offender shall also register in-person with the sheriff of the parish8
or parishes where the offender is an employee and with the sheriff of the parish or9
parishes where the offender attends school. If the offender is employed or attends10
school in a parish with a population in excess of four hundred fifty thousand, then11
he shall register with the police department of the municipality where he is employed12
or attends school. The offender shall also register in the parish of conviction for the13
initial registration only. No registration in the parish of conviction is necessary if the14
offender is incarcerated at the time of conviction or immediately taken into custody15
by law enforcement after the conviction.16
* * *17
F.18
* * *19
(2) Upon joint written motion by the district attorney and the petitioner, the20
court of conviction may waive sex offender registration and notification21
requirements imposed by the provisions of this Chapter for a person convicted of22
felony carnal knowledge of a juvenile (R.S. 14:80) on, before, or after January 1,23
2008, when the victim is at least thirteen years of age and the offender was not more24
than four years older than the victim at the time of the commission of the offense.25
Relief shall not be granted unless the motion is accompanied by supporting26
documentary proof of the age of the victim and the age of the perpetrator at the time27
of commission of the offense. If the court of conviction was not a Louisiana district28
court, this joint motion may be brought in the district court of the parish of the29 HLS 10RS-1316 ORIGINAL
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offender's residence after the bureau has made the determination, pursuant to the1
provisions of R.S. 15:542.1.3, on the grounds that the elements of the offense of2
conviction are equivalent to the elements of R.S. 14:80. The court may grant the3
motion upon clear and convincing evidence that the ages of the victim and offender4
at the time of commission of the offense were within the limitations provided in this5
Section.6
(3)(a) Any person who was convicted of carnal knowledge of a juvenile7
(R.S. 14:80) prior to August 15, 2001, may petition the court of conviction to be8
relieved of the sex offender registration and notification requirements of this Chapter9
if the offense for which the offender was convicted would be defined as10
misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been11
convicted on or after August 15, 2001. Offenders convicted of an offense under the12
laws of another state, or military, territorial, foreign, tribal, or federal law, may13
petition the district court of his parish of residence once the administrative14
procedures of R.S. 15:542.1.3 have been exhausted and the elements of the offense15
of conviction have been found to be equivalent to the current definition of16
misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1).17
* * *18
(c) The provisions of this Paragraph shall not apply to any person who was19
convicted of more than one offense which requires registration pursuant to the20
provisions of this Chapter sex offense as defined in R.S. 15:541.21
* * *22
§542.1.3. Procedures for out-of-state offenders convicted or adjudicated under the23
laws of another state, or military, territorial, foreign, tribal or federal law;24
procedures for Louisiana offenders with out-of-state activities25
* * *26
B.27
* * *28 HLS 10RS-1316 ORIGINAL
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(2) Within ninety days of receiving the information required by the1
provisions of R.S. 15:542(E) notification required by the provisions of Paragraph (1)2
of this Subsection, the bureau shall determine which time period of registration under3
the provisions of R.S. 15:544 and the frequency of in-person periodic renewals under4
the provisions of R.S. 15:542.1 is applicable to the out-of-state offender while5
residing in Louisiana. This determination shall be based on a comparison of the6
elements of the out-of-state offense of conviction or adjudication with the elements7
of the most comparable Louisiana offense. The bureau shall post this official8
notification on the state sex offender and child predator registry within the ninety-9
day period provided in this Paragraph. If the most comparable Louisiana offense is10
carnal knowledge of a juvenile, the bureau shall indicate so and give notice to the11
offender that he may qualify for relief from registration pursuant to the provisions12
of R.S. 15:542(F)(2) or (3) if the offender's age and the age of the victim are within13
the limitations provided by R.S. 15:542.14
(3) Within ninety days of the effective date of the provisions of Paragraph15
(2) of this Subsection, the bureau shall make a determination of the appropriate time16
period of registration under R.S. 15:544 and the number of required in-person17
periodic renewals under the provisions of R.S. 15:542.1.1 applicable to each sex18
offender or child predator convicted out of state under the laws of another state, or19
military, territorial, foreign, tribal, or federal law who established a residence in this20
state prior to January 1, 2008. The bureau shall post this official notification on the21
registry within the ninety-day time period provided in this Paragraph. If the most22
comparable Louisiana offense is carnal knowledge of a juvenile, the bureau shall23
indicate so and give notice to the offender that he may qualify for relief from24
registration pursuant to R.S. 15:542 (F)(2) or (3) if the offender's age and the age of25
the victim are within the limitations provided by R.S. 15:542.26
(4) Any offender convicted or adjudicated out of state under the laws of27
another state, or military, territorial, foreign, tribal, or federal law who establishes28
a residence in this state and is required to register and notify pursuant to the29 HLS 10RS-1316 ORIGINAL
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provisions of this Chapter may appeal the bureau's determination of the applicable1
time period of registration and frequency of in-person periodic renewals through an2
administrative hearing as provided in R.S. 49:950 et seq. The offender shall have3
one year from the date that the bureau posted its determination on the registry to4
appeal. The duty to register and notify according to the determination of the bureau5
made pursuant to the provisions of this Subsection shall be binding and shall not be6
suspended or stayed pending appeal of the classification of the offender.7
* * *8
H. When an offender who was convicted of or adjudicated for an out-of-state9
offense under the laws of another state, or military, territorial, foreign, tribal, or10
federal law requiring registration pursuant to the provisions of this Chapter appears11
in person for initial registration with the appropriate law enforcement agency in his12
parish of residence, the law enforcement agency shall follow the procedures set forth13
in R.S. 15:543(B)(1) through (7).14
* * *15
§544. Duration of registration and notification period16
* * *17
D.(1) The registration period of fifteen years established in Subsection A of18
this Section shall may be reduced to a period of ten years if the offender maintains19
a clean record for the entire ten-year period of registration upon petition to be20
relieved of the sex offender registration to the court of conviction for those convicted21
in Louisiana, or the court of the parish of residence for those convicted under the22
laws of another state, or military, territorial, foreign, tribal, or federal law which have23
been determined to be comparable to a Louisiana offense requiring a fifteen-year24
registration period by the bureau pursuant to the provisions of R.S. 15:542.1.3.25
(2) The lifetime registration period established in Paragraph (B)(2) of this26
Section shall may be reduced to a period of twenty-five years if the offender was27
adjudicated delinquent for the offense which requires registration and maintains a28
clean record for twenty-five years upon petition to be relieved of the sex offender29 HLS 10RS-1316 ORIGINAL
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registration to the court of adjudication for those adjudicated in Louisiana, or court1
of the parish of residence for those adjudicated under the laws of another state, or2
military, territorial, foreign, tribal, or federal law.3
* * *4
(4) The following procedures shall apply to the provisions of Paragraphs (1)5
and (2) of this Subsection:6
(a) The district attorney shall be served with a copy of the petition.7
(b) The court shall order a contradictory hearing to determine whether the8
offender is entitled to be relieved of the registration and notification requirements9
pursuant to the provisions of Paragraphs (1) and (2) of this Subsection.10
(c) The provisions of Paragraph (1) and (2) of this Subsection shall not apply11
to any person who was convicted of more than one offense which requires12
registration pursuant to the provisions of this Chapter.13
E.14
* * *15
(2) Whenever the registration and notification period of a sex offender has16
been increased to lifetime pursuant to the provisions of Paragraph (1) of this17
Subsection, upon maintenance of a clean record for the minimum time period18
applicable to the offense of conviction as provided by the provisions of Subsection19
A or Paragraph (B)(1) of this Section, the offender may petition the court in the20
jurisdiction of conviction, or if convicted out of state under the laws of another state,21
or military, territorial, foreign, tribal, or federal law, in the jurisdiction of the22
offender's residence, to be relieved of the registration and notification requirements23
of this Chapter. The district attorney shall be served with the petition, and the matter24
shall be set for contradictory hearing. Upon a finding by clear and convincing25
evidence that the offender has maintained a "clean record" as defined in this Section26
and that the offender does not pose a substantial risk of committing another offense27
requiring registration pursuant to this Chapter, the court may order that the offender28
be relieved of the obligation to register and notify pursuant to this Chapter.29 HLS 10RS-1316 ORIGINAL
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Section 2. It is the intent of this legislature to require persons convicted of1
aggravated oral sexual battery prior to the repeal of R.S. 14:43.4 by Act 301 of 2001 R.S.2
to comply with all registration and notification requirements of Chapter 3-B of Title 15. 3
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)]
Connick HB No. 1155
Abstract: Provides relative to sex offender registration and notification provisions.
Present law (R.S. 15:541 et seq.) provides for the following:
(1)Requires sex offenders, child predators, and juveniles adjudicated delinquent for
certain offenses to register with local law enforcement agencies and to provide them
with information regarding their identities, residence, conviction, and other personal
information.
(2)Provides registration procedures for offenders with out-of-state convictions.
(3)Provides for registration periods of 15 and 25 years for some offenders and lifetime
registration for the most violent offenders.
(4)Provides that the duration of the sex offender registration and notification period
shall be reduced if the offender maintains a clean record for a certain period of time.
Proposed law amends and clarifies present law provisions, including the following major
changes:
(1)Redefines "aggravated offense", "criminal offense", and "sexual offense against a
victim who is a minor" to include convictions for certain offenses under the laws of
another state, or military, territorial, foreign, tribal, or federal law.
(2)Provides that the registration and notification requirements of Chapter 3-B of Title
15 shall also apply to persons who were convicted of the perpetration or attempted
perpetration of, or conspiracy to commit, aggravated oral sexual battery prior to
August 15, 2001, the effective date of the repeal of R.S. 14:43.4.
(3)Adds the definitions of "out-of-state offender" and "out-of-state offense".
(4)Clarifies that juveniles are required to register on the basis of an in-state or out-of-
state adjudication for certain offenses.
(5)Clarifies that sex offenders shall register in person with local enforcement.
(6)Provides for the venue and burden of proof relative to a motion to waive sex offender
registration requirements for out-of-state convictions of carnal knowledge of a
juvenile.
(7)Clarifies provisions regarding the registration procedures and the duration of
registration requirements for offenders convicted or adjudicated under the laws of
another state, or military, territorial, foreign, tribal, or federal law. HLS 10RS-1316 ORIGINAL
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(8)Amends provision providing that the duration of the sex offender registration and
notification period shall be reduced if the offender maintains a clean record for a
certain period of time, and provides that the duration may be reduced upon petition
to the court of conviction or adjudication.
(9)Clarifies procedures for reductions in sex offender registration periods.
(Amends R.S. 15:541(2)(a) and (24), 542(A)(2) and (3)(a), (B), (F)(2) and (3)(a) and (c),
542.1.3(B)(2), (3), and (4), and (H), and 544(D)(1) and (2) and (E)(2); Adds R.S.
15:541(2)(n), (12)(c), (25)(l), (31), and (32), 542(A)(3)(h), and 544(D)(4))