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ACT No. 400
Regular Session, 2010
HOUSE BILL NO. 1155
BY REPRESENTATIVE CONNICK
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(A), (B)(1), (C), (D)(1)3
and (2), and (E)(2) and to enact R.S. 15:541(2)(n), (12)(c), (25)(l), (31), and (32),4
542(A)(3)(h), and 544(D)(4), relative to sex offender registration and notification;5
to provide relative to sex offender registration and notification requirements; to6
provide for definitions; to provide relative to sex offender registration and7
notification procedures; to amend provisions regarding the duration of registration8
and notification requirements; and 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(A), (B)(1), (C), (D)(1) and (2), and12
(E)(2) are hereby amended and reenacted and R.S. 15:541(2)(n), (12)(c), (25)(l), (31), and13
(32), 542(A)(3)(h), 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
(a) Aggravated rape (R.S. 14:42), which shall include convictions for the21
perpetration or attempted perpetration of, or conspiracy to commit, aggravated oral22
sexual battery (formerly R.S. 14:43.4, Repealed by Acts 2001, No. 301, §2)23
occurring prior to August 15, 2001.24
* * *25 ENROLLEDHB NO. 1155
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(n) Any conviction for an offense under the laws of another state, or military,1
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in2
Subparagraphs (a) through (m) of this Paragraph.3
* * *4
(12) "Criminal offense against a victim who is a minor" for the purposes of5
this Chapter means conviction for the perpetration or attempted perpetration of or6
conspiracy to commit any of the following offenses:7
* * *8
(c) Any conviction for an offense under the laws of another state, or military,9
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in10
Subparagraphs (a) and (b) of this Paragraph.11
* * *12
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,13
or conviction for the perpetration or attempted perpetration of or conspiracy to14
commit R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime15
against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:80 (felony16
carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles),17
R.S.14:81.1 (pornography involving juveniles), R.S. 14:81.2 (molestation of a18
juvenile), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.419
(prohibited sexual conduct between an educator and student), R.S. 14:92(A)(7)20
(contributing to the delinquency of juveniles), R.S. 14:93.5 (sexual battery of the21
infirm), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age of22
seventeen), R.S. 14:283 (video voyeurism), any provision of Subpart C of Part II of23
Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950 R.S. 14:41 (rape),24
R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43 (simple rape),25
R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual battery), R.S.26
14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional exposure to AIDS virus), or27
a second or subsequent conviction of R.S. 14:283.1 (voyeurism), committed on or28
after June 18, 1992, or committed prior to June 18, 1992, if the person, as a result of29
the offense, is under the custody of the Department of Public Safety and Corrections30 ENROLLEDHB NO. 1155
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on or after June 18, 1992. A conviction for any offense provided in this definition1
includes a conviction for the offense under the laws of another state, or military,2
territorial, foreign, tribal, or federal law which is equivalent to an offense provided3
for in this Chapter, unless the tribal court or foreign conviction was not obtained with4
sufficient safeguards for fundamental fairness and due process for the accused as5
provided by the federal guidelines adopted pursuant to the Adam Walsh Child6
Protection and Safety Act of 2006.7
(b) For purposes of this Chapter, "sex offense" shall include deferred8
adjudication, adjudication withheld, or conviction for the perpetration or attempted9
perpetration of or conspiracy to commit aggravated oral sexual battery (formerly10
R.S. 14:43.4, Repealed by Acts 2001, No. 301, §2) occurring prior to August 15,11
2001.12
(25) "Sexual offense against a victim who is a minor" means a conviction for13
the perpetration or attempted perpetration of, or conspiracy to commit, any of the14
following:15
* * *16
(l) Any conviction for an offense under the laws of another state, or military,17
territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in18
Subparagraphs (a) through (k) of this Paragraph.19
* * *20
(31) "Out-of-state offender" means any offender convicted or adjudicated in21
any court system, other than a court in this state, of any offense having elements22
equivalent to a "sex offense" or a "criminal offense against a victim who is a minor",23
as defined in this Section.24
(32) "Out of state offense" means any offense, as defined by the laws of any25
jurisdiction other than the state of Louisiana, the elements of which are comparable26
to a Louisiana "sex offense" or "criminal offense against a victim who is a minor",27
as defined in this Section.28 ENROLLEDHB NO. 1155
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§542. Registration of sex offenders and child predators1
A. The following persons shall be required to register and provide2
notification as a sex offender or child predator in accordance with the provisions of3
this Chapter:4
* * *5
(2) Any juvenile who has pled guilty or has been convicted of a sex offense6
or second degree kidnapping as provided for in Children's Code Article 305 or 857,7
with the exception of simple rape but including any conviction for an offense under8
the laws of another state, or military, territorial, foreign, tribal, or federal law which9
is equivalent to the offenses listed herein for which a juvenile would have to register;10
and11
(3) Any juvenile, who has attained the age of fourteen years at the time of12
commission of the offense, who has been adjudicated delinquent based upon the13
perpetration, attempted perpetration, or conspiracy to commit any of the following14
offenses:15
(a) Aggravated rape (R.S. 14:42),which shall include those that have been16
adjudicated delinquent based upon the perpetration, attempted perpetration, or17
conspiracy to commit aggravated oral sexual battery (formerly R.S. 14:43.4,18
Repealed by Acts 2001, No. 301, §2) occurring prior to August 15, 2001.19
* * *20
(h) An offense under the laws of another state, or military, territorial,21
foreign, tribal, or federal law which is equivalent to the offenses listed in22
Subparagraphs (a) through (g) of this Paragraph.23
B.(1) The persons listed in Subsection A of this Section shall register in24
person with the sheriff of the parish of the person's residence, or residences, if there25
is more than one, and with the chief of police if the address of any of the person's26
residences is located in an incorporated area which has a police department. If the27
offender resides in a parish with a population in excess of four hundred fifty28
thousand, he shall register in person with the police department of his municipality29
of residence.30 ENROLLEDHB NO. 1155
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(2) The offender shall also register in person with the sheriff of the parish or1
parishes where the offender is an employee and with the sheriff of the parish or2
parishes where the offender attends school. If the offender is employed or attends3
school in a parish with a population in excess of four hundred fifty thousand, then4
he shall register with the police department of the municipality where he is employed5
or attends school. The offender shall also register in the parish of conviction for the6
initial registration only. No registration in the parish of conviction is necessary if the7
offender is incarcerated at the time of conviction or immediately taken into custody8
by law enforcement after the conviction.9
* * *10
F.11
* * *12
(2) Upon joint written motion by the district attorney and the petitioner, the13
court of conviction may waive sex offender registration and notification14
requirements imposed by the provisions of this Chapter for a person convicted of15
felony carnal knowledge of a juvenile (R.S. 14:80) on, before, or after January 1,16
2008, when the victim is at least thirteen years of age and the offender was not more17
than four years older than the victim at the time of the commission of the offense.18
Relief shall not be granted unless the motion is accompanied by supporting19
documentary proof of the age of the victim and the age of the perpetrator at the time20
of commission of the offense. If the court of conviction was not a Louisiana district21
court, this joint motion may be brought in the district court of the parish of the22
offender's residence after the bureau has made the determination, pursuant to the23
provisions of R.S. 15:542.1.3, on the grounds that the elements of the offense of24
conviction are equivalent to the elements of R.S. 14:80. The court may grant the25
motion upon clear and convincing evidence that the ages of the victim and offender26
at the time of commission of the offense were within the limitations provided in this27
Section.28
(3)(a) Any person who was convicted of carnal knowledge of a juvenile29
(R.S. 14:80) prior to August 15, 2001, may petition the court of conviction to be30 ENROLLEDHB NO. 1155
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relieved of the sex offender registration and notification requirements of this Chapter1
if the offense for which the offender was convicted would be defined as2
misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been3
convicted on or after August 15, 2001. Offenders convicted of an offense under the4
laws of another state, or military, territorial, foreign, tribal, or federal law may5
petition the district court of his parish of residence once the administrative6
procedures of R.S. 15:542.1.3 have been exhausted, and the elements of the offense7
of conviction have been found to be equivalent to the current definition of8
misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1).9
* * *10
(c) The provisions of this Paragraph shall not apply to any person who was11
convicted of more than one offense which requires registration pursuant to the12
provisions of this Chapter sex offense as defined in R.S. 15:541.13
* * *14
§542.1.3. Procedures for out-of-state offenders convicted or adjudicated under the15
laws of another state, or military, territorial, foreign, tribal, or federal law;16
procedures for Louisiana offenders with out-of-state activities17
* * *18
B.19
* * *20
(2) Within ninety days of receiving the information required by the21
provisions of R.S. 15:542(E) notification required by the provisions of Paragraph (1)22
of this Subsection, the bureau shall determine which time period of registration under23
the provisions of R.S. 15:544 and the frequency of in-person periodic renewals under24
the provisions of R.S. 15:542.1 is applicable to the out-of-state offender while25
residing in Louisiana. This determination shall be based on a comparison of the26
elements of the out-of-state offense of conviction or adjudication with the elements27
of the most comparable Louisiana offense. The bureau shall post this official28
notification on the state sex offender and child predator registry within the ninety-29
day period provided in this Paragraph. If the most comparable Louisiana offense is30 ENROLLEDHB NO. 1155
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carnal knowledge of a juvenile, the bureau shall indicate so and give notice to the1
offender that he may qualify for relief from registration pursuant to the provisions2
of R.S. 15:542(F)(2) or (3) if the offender's age and the age of the victim are within3
the limitations provided by R.S. 15:542.4
(3) Within ninety days of the effective date of the provisions of Paragraph5
(2) of this Subsection, the bureau shall make a determination of the appropriate time6
period of registration under R.S. 15:544 and the number of required in-person7
periodic renewals under the provisions of R.S. 15:542.1.1 applicable to each sex8
offender or child predator convicted out of state under the laws of another state, or9
military, territorial, foreign, tribal, or federal law who established a residence in this10
state prior to January 1, 2008. The bureau shall post this official notification on the11
registry within the ninety-day time period provided in this Paragraph. If the most12
comparable Louisiana offense is carnal knowledge of a juvenile, the bureau shall13
indicate so and give notice to the offender that he may qualify for relief from14
registration pursuant to R.S. 15:542 (F)(2) or (3) if the offender's age and the age of15
the victim are within the limitations provided by R.S. 15:542.16
(4) Any offender convicted or adjudicated out of state under the laws of17
another state, or military, territorial, foreign, tribal, or federal law who establishes18
a residence in this state and is required to register and notify pursuant to the19
provisions of this Chapter may appeal the bureau's determination of the applicable20
time period of registration and frequency of in-person periodic renewals through an21
administrative hearing as provided in R.S. 49:950 et seq. The offender shall have22
one year from the date that the bureau posted its determination on the registry to23
appeal. The duty to register and notify according to the determination of the bureau24
made pursuant to the provisions of this Subsection shall be binding and shall not be25
suspended or stayed pending appeal of the classification of the offender.26
* * *27
H. When an offender who was convicted of or adjudicated for an out-of-state28
offense under the laws of another state, or military, territorial, foreign, tribal, or29
federal law requiring registration pursuant to the provisions of this Chapter appears30 ENROLLEDHB NO. 1155
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in person for initial registration with the appropriate law enforcement agency in his1
parish of residence, the law enforcement agency shall follow the procedures set forth2
in R.S. 15:543(B)(1) through (7).3
* * *4
§544. Duration of registration and notification period5
A. Except as provided for in Subsection B of this Section, a person required6
to register and provide notification pursuant to the provisions of this Chapter shall7
comply with the requirement for a period of fifteen years from the date of the initial8
registration in Louisiana, or the duration of the lifetime of the offender as provided9
in Subsection E of this Section, unless the underlying conviction is reversed, set10
aside, or vacated. The requirement to register shall apply to an offender who is11
pardoned.12
B.(1) A person required to register pursuant to this Chapter who was13
convicted of a sexual offense against a victim who is a minor as defined in R.S.14
15:541 shall register and maintain his registration and provide community15
notification pursuant to the provisions of this Chapter for a period of twenty-five16
years from the date of initial registration in Louisiana, or the duration of the lifetime17
of the offender as provided in Subsection E of this Section, unless the underlying18
conviction is reversed, set aside, or vacated. The requirement to register shall apply19
to an offender who is pardoned.20
* * *21
C.(1) If an offender begins the period of registration and notification and is22
subsequently incarcerated for any reason other than a misdemeanor arrest or a23
misdemeanor conviction or for a felony arrest which does not result in a conviction,24
then the period of registration and notification shall begin anew on the day the25
offender is released from incarceration, with no credit for the period of time in which26
the offender complied with registration and notification requirements prior to his27
incarceration.28 ENROLLEDHB NO. 1155
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(2) An offender required to register pursuant to the provisions of this Chapter1
shall only receive credit for the period of time in which he resides in this state and2
is in compliance with all registration and notification requirements of this state.3
D.(1) The registration period of fifteen years established in Subsection A of4
this Section shall may be reduced to a period of ten years if the offender maintains5
a clean record for the entire ten-year period of registration upon petition to be6
relieved of the sex offender registration to the court of conviction for those convicted7
in Louisiana, or the court of the parish of residence for those convicted under the8
laws of another state, or military, territorial, foreign, tribal, or federal law which have9
been determined to be comparable to a Louisiana offense requiring a fifteen-year10
registration period by the bureau pursuant to the provisions of R.S. 15:542.1.3.11
(2) The lifetime registration period established in Paragraph (B)(2) of this12
Section shall may be reduced to a period of twenty-five years if the offender was13
adjudicated delinquent for the offense which requires registration and maintains a14
clean record for twenty-five years upon petition to be relieved of the sex offender15
registration to the court of adjudication for those adjudicated in Louisiana, or court16
of the parish of residence for those adjudicated under the laws of another state, or17
military, territorial, foreign, tribal, or federal law.18
* * *19
(4) The following procedures shall apply to the provisions of Paragraphs (1)20
and (2) of this Subsection:21
(a) The district attorney shall be served with a copy of the petition.22
(b) The court shall order a contradictory hearing to determine whether the23
offender is entitled to be relieved of the registration and notification requirements24
pursuant to the provisions of Paragraphs (1) and (2) of this Subsection.25
(c) The provisions of Paragraphs (1) and (2) of this Subsection shall not26
apply to any person who was convicted of more than one offense which requires27
registration pursuant to the provisions of this Chapter.28 ENROLLEDHB NO. 1155
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E.1
* * *2
(2) Whenever the registration and notification period of a sex offender has3
been increased to lifetime pursuant to the provisions of Paragraph (1) of this4
Subsection, upon maintenance of a clean record for the minimum time period5
applicable to the offense of conviction as provided by the provisions of Subsection6
A or Paragraph (B)(1) of this Section, the offender may petition the court in the7
jurisdiction of conviction, or if convicted out of state under the laws of another state,8
or military, territorial, foreign, tribal, or federal law, in the jurisdiction of the9
offender's residence, to be relieved of the registration and notification requirements10
of this Chapter. The district attorney shall be served with the petition, and the matter11
shall be set for contradictory hearing. Upon a finding by clear and convincing12
evidence that the offender has maintained a "clean record" as defined in this Section13
and that the offender does not pose a substantial risk of committing another offense14
requiring registration pursuant to this Chapter, the court may order that the offender15
be relieved of the obligation to register and notify pursuant to this Chapter.16
Section 2. It is the intent of this legislature to require persons convicted of17
aggravated oral sexual battery prior to the repeal of R.S. 14:43.4 by Act 301 of 2001 R.S.18
to comply with all registration and notification requirements of Chapter 3-B of Title 15. 19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: