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Regular Session, 2010
HOUSE BILL NO. 702
BY REPRESENTATIVE LEGER
(On Recommendation of the Louisiana State Law Institute)
JUVENILES/DELINQUENTS: Provides with respect to delinquency procedures
AN ACT1
To amend and reenact Children's Code Articles 305(A)(1)(b) and (B)(1)(b), 804(3), 841(A)2
and (C), 855(B)(7), 858(B), 860(A), (B), and (D), and 867(A) and (C) and to enact3
Children's Code Articles 841(D), 867(E), 869.3(E), and 884.1, relative to the4
continuous revision of the Children's Code; to provide for divestiture of juvenile5
court jurisdiction; to provide for criminal court jurisdiction; to provide for6
definitions; to provide for advice of rights; to provide for notice of a motion to7
transfer; to provide for sex offender registration and notification requirements; to8
provide for confidentiality; to provide for informal adjustment agreements; to9
provide for certain types of medical examinations in motions to transfer and in10
adjudication hearings; provides for the report of the sanity commission; and to11
provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. Children's Code Articles 305(A)(1)(b) and (B)(1)(b), 804(3), 841(A) and14
(C), 855(B)(7), 858(B), 860(A), (B), and (D), and 867(A) and (C) are hereby amended and15
reenacted and Children's Code Articles 841(D), 867(E), 869.3(E), and 884.1 are hereby16
enacted to read as follows: 17 HLS 10RS-833 ORIGINAL
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Art. 305. Divestiture of juvenile court jurisdiction; original criminal court1
jurisdiction over children; when acquired2
A.(1) When a child is fifteen years of age or older at the time of the3
commission of first degree murder, second degree murder, aggravated rape, or4
aggravated kidnapping, he is subject to the exclusive jurisdiction of the juvenile5
court until either:6
* * *7
(b) The juvenile court holds a continued custody hearing pursuant to Articles8
819 and 820 and finds probable cause that he committed one of these offenses,9
whichever occurs first. During this hearing, when the child is charged with10
aggravated rape, the court shall inform him that if convicted he shall register as a sex11
offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised12
Statutes of 1950.13
* * *14
B.(1) When a child is fifteen years of age or older at the time of the15
commission of any of the offenses listed in Subparagraph (2) of this Paragraph, he16
is subject to the exclusive jurisdiction of the juvenile court until whichever of the17
following occurs first:18
* * *19
(b) The juvenile court holds a continued custody hearing and finds probable20
cause that the child has committed any of the offenses listed in Subparagraph (2) of21
this Paragraph and a bill of information charging any of the offenses listed in22
Subparagraph (2) of this Paragraph is filed. During this hearing, when the child is23
charged with forcible rape or second degree kidnapping, the court shall inform him24
that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B25
of Title 15 of the Louisiana Revised Statutes of 1950.26
* * *27 HLS 10RS-833 ORIGINAL
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Comment - 20101
Chapter 3-B of Title 15 requires registration as a sex offender for any2
juvenile who was transferred to adult court and has pled guilty or has been convicted3
after trial of second degree kidnapping, aggravated rape, or forcible rape.4
* * *5
Art. 804. Definitions6
As used in this Title:7
* * *8
(3) "Delinquent act" means an act committed by a child of ten years of age9
or older which if committed by an adult is designated an offense under the statutes10
or ordinances of this state, or of another state if the act offense occurred in another11
state there, or under federal law, except traffic violations. It includes an act12
constituting an offense under R.S. 14:95.8 and a direct contempt of court committed13
by a child.14
* * *15
Comment - 201016
This revision shifts the illegal possession of a firearm offense from the17
category of FINS cases to delinquency cases. This revision corrects a long standing18
anomaly and follows the recent ruling in State ex rel. D.J., 5 So.3d 923 (La.Ct.App.19
4th Cir. 2009).20
* * *21
Art. 841. Effect of agreement22
A. An informal adjustment agreement shall not be considered an23
adjudication. Evidence of the existence of such an agreement shall not be used24
against the child over objection in any adjudication hearing or criminal trial. Such25
That evidence may be used in a disposition hearing in the juvenile court or for the26
purpose of a presentence investigation after a criminal conviction.27
* * *28
C. Any incriminating statement made by the child to the person giving29
counsel or advice and in the discussions or conferences incident to the informal30
adjustment agreement shall not be used against the declarant child, over objection,31
in an adjudication hearing or criminal trial. Any such The incriminating statement32 HLS 10RS-833 ORIGINAL
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may be used in a disposition hearing in the court or for the purpose of a presentence1
investigation after a criminal conviction.2
D. If any medical, mental health, sensory or special competency evaluation3
is performed during the period of an informal adjustment agreement, the report shall4
not include any incriminating statement made by the child. The examination shall5
not occur until five days after the clerk of court has given notice to all parties of the6
examination order. Any incriminating statement made by the child to the evaluator,7
which would violate the child's privilege against self-incrimination, shall not be used8
against him in any future court proceedings, adjudication hearing, or later criminal9
trial.10
* * *11
Art. 855. Advice of rights at appearance to answer12
* * *13
B. If the child is capable, the court shall then advise the child of the14
following items in terms understandable to the child:15
* * *16
(7) The possible consequences of his admission that the allegations are true,17
including the maximum and minimal dispositions which the court might may impose18
pursuant to Articles 897 through 900. In addition, if the child is fourteen years of19
age or older and the petition charges the child with the perpetration, attempted20
perpetration, or conspiracy to commit any of the following offenses, the court shall21
inform the child that, if he admits to allegations of the petition, or the allegations of22
the petition are found to be true, he may be required to register as a sex offender23
pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and24
the court shall inform the child regarding applicable required registrations and their25
duration:26
(a) Aggravated rape as defined in R.S. 14:42.27
(b) Forcible rape as defined in R.S. 14.42.1.28
(c) Second degree sexual battery as defined in R.S. 14:43.2.29 HLS 10RS-833 ORIGINAL
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(d) Aggravated kidnapping of a child who has not attained the age of thirteen1
years pursuant to R.S. 14:44 or 44.2.2
(e) Second degree kidnapping of a child who has not attained the age of3
thirteen years as defined in R.S. 14:44.1.4
(f) Aggravated incest involving circumstances defined by R.S. 14:78.1 as an5
aggravated offense.6
(g) Aggravated crime against nature as defined in R.S. 14:89.1.7
Comment - 20108
This is an amplification of the Boykin and "Adam Walsh" requirement that9
an accused be informed by the court of the maximum dispositions that may be10
imposed should he be convicted. After Louisiana enacted an "Adam Walsh" statute,11
Chapter 3-B of Title 15, conviction of a juvenile offender for certain sex offenses12
became a very serious matter with life-altering consequences. Registration is13
required for juvenile offenders who are transferred to criminal court and found guilty14
or who pleaded guilty to certain offenses. The revision to Subparagraph (7) lists the15
age and offense requirements of R.S. 15:542(A)(3). Adjudication for an "aggravated16
offense", as defined in R.S. 15:541(2) requires lifetime registration and quarterly in-17
person registration renewals.18
* * *19
Art. 858. Motion for transfer; notice 20
* * *21
B. Notice in writing of the time, place, and purpose of the hearing must shall22
be given to the child and his parents and other custodian, if any, at least ten days23
before the hearing. In addition, if the petition charges the child with second degree24
kidnapping, aggravated rape, or forcible rape, the court shall inform the child25
regarding the applicable registration and duration requirements in Chapter 3-B of26
Title 15 of the Louisiana Revised Statutes of 1950.27
Comment - 201028
R.S. 15:541(2) requires registration for any juvenile who was transferred to29
criminal court, pursuant to Article 857, and thereafter convicted or pleaded guilty to30
any of these three offenses.31
* * *32
Art. 860. Medical, sensory, psychological, and psychiatric examinations33
A. On its own motion or on the motion of the child or district attorney, the34
court may order any child subject to a motion to transfer to be examined by a35 HLS 10RS-833 ORIGINAL
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physician, optometrist, audiologist, psychologist, or psychiatrist. The examination1
shall not occur until five days after the clerk of court has notified all parties of the2
examination order.3
B. Any examination shall be made and the findings submitted to the court4
within three days of the transfer hearing. Such This time period may be extended by5
the court for good cause.6
* * *7
D. Unless the child has sought the examination or otherwise waives his8
privilege against self-incrimination, neither testimony about the report nor any of its9
contents is admissible in an adjudication hearing or later criminal trial, if any, which10
would violate the child's privilege against self-incrimination. The report shall not11
include any incriminating statement made by the child. Any incriminating statement12
made by the child to the evaluator, which may violate the child's privilege against13
self-incrimination, shall not be used against him in any future court proceedings,14
adjudication hearing, or later criminal trial.15
* * *16
Art. 867. Medical, sensory, psychological, and psychiatric examinations17
A. On its own motion or on the motion of the child or district attorney, the18
court may order any child concerning whom a petition has been filed to be examined19
by a physician, optometrist, or audiologist. The examination shall not occur until20
five days after the clerk of court notified all parties of the examination order.21
* * *22
C. Any examination as herein provided shall be made and the findings23
submitted to the court within thirty days of the date the order is entered. Such This24
time period may be extended by the court for good cause.25
* * *26
E. The report shall not include any incriminating statement made by the27
child. Any incriminating statement made by the child to the evaluator, which may28 HLS 10RS-833 ORIGINAL
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violate the child's privilege against self-incrimination, shall not be used against him1
in any future court proceedings, adjudication hearing, or later criminal trial.2
* * *3
Art. 869.3. Report of sanity commission; content; filing4
* * *5
E. The report shall not include any incriminating statement made by the6
child. Any incriminating statement made by the child to the evaluator, which may7
violate the child's privilege against self-incrimination, shall not be used against him8
in any future court proceedings, adjudication hearing, or later criminal trial.9
* * *10
Art. 884.1. Informing the child of sex offender registration and notification11
requirements; form12
A. When the child has admitted the allegations of the petition or when13
adjudicated delinquent for any of the following offenses, the court shall provide him14
with written notice of the requirements for registration as a sex offender:15
(1) Aggravated rape as defined in R.S. 14:42.16
(2) Forcible rape as defined in R.S. 14:42.1.17
(3) Second degree sexual battery as defined in R.S. 14:43.2.18
(4) Aggravated kidnapping of a child who has not attained the age of thirteen19
years pursuant to either R.S. 14:44 or 44.2.20
(5) Second degree kidnapping of a child who has not attained the age of21
thirteen years as defined in R.S. 14:44.1.22
(6) Aggravated incest involving circumstances defined by R.S. 14:78.1 as23
an aggravated offense.24
(7) Aggravated crime against nature as defined in R.S. 14:89.1.25
B. The court shall use this form for the notice:26
STATE IN THE INTEREST OF _________ 27
_________ JUDICIAL DISTRICT COURT28
DOCKET # __________ PARISH OF _________________________29 HLS 10RS-833 ORIGINAL
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DIVISION __________ STATE OF LOUISIANA1
Notification to Sex Offender in accordance with Children's Code Article 884.1, this2
Court has the duty to provide _______________________ (name of juvenile) with3
the information necessary for awareness of sex offender and child predator4
registration requirements. _______________________ (name of juvenile) has5
admitted the allegations of the petition or has been adjudicated of a violation of R.S.6
________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana7
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED8
that ___________________ shall register for the period of ___________ from the9
date of his release from confinement being placed on aftercare, supervised release10
or probation, or from the date of his adjudication, if the disposition does not involve11
a term of confinement.12
(1) You shall initially register with the sheriff and chief of police, if any, of13
the parish of the juvenile court in which you were adjudicated. Additionally, you14
shall update your registration, in person, every ninety days from the date of initial15
registration, with the sheriff and chief of police, if any, of the parish of your16
residence and the parish where you attend school or are employed.17
Within three business days of establishing residence in Louisiana or if a18
current resident, within three business days after adjudication if not immediately19
committed to confinement or taken into custody, or within three business days after20
release from confinement, you shall obtain and provide all of the following21
information to each sheriff or police department (except in Orleans Parish where22
registration shall take place with the New Orleans Police Department):23
(a) Name and any aliases.24
(b) Physical address or addresses of residence.25
(c) Name and physical address of place of employment. If you do not have26
a fixed place of employment, you shall provide information with as much specificity27
as possible regarding the places where you work, including but not limited to travel28
routes.29 HLS 10RS-833 ORIGINAL
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(d) Name and physical address of the school in which you are a student.1
(e) Two forms of proof of residence for each residential address provided,2
including but not limited to a driver's license, bill for utility service, and bill for3
telephone service. If those forms of proof are not available, you may provide an4
affidavit of an adult resident living at the same address.5
(f) The offense for which you were adjudicated and the date and place of the6
adjudication, and if known, the court in which the adjudication was obtained, the7
docket number of the case, the specific statute violated, and the disposition imposed.8
Note that this information is all contained at the beginning of this form.9
(g) A current photograph, fingerprints, palm prints, and a DNA sample.10
(h) Your telephone numbers, including fixed location phone, mobile phone11
numbers, or telephone number associated with any residence address.12
(i) A description of every vehicle registered to or operated by you, including13
license plate number and a copy of your driver's license or identification card.14
(j) Your social security number and date of birth.15
(k) A description of your physical characteristics, including but not limited16
to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other17
identifying marks.18
(l) Every e-mail address, online screen name, or other online identity you use19
or have used to communicate on the Internet.20
(m) Temporary lodging information regarding any place where you plan to21
stay for seven or more days and the length of the planned stay.22
(n) Travel and immigration documents, including but not limited to passports23
and documents establishing immigration status.24
(2) If you are committed to the office of juvenile justice, you shall provide25
this information to that office within ten days prior to release from confinement.26
You shall still appear in person at the sheriff's office within three business days of27
release from confinement.28 HLS 10RS-833 ORIGINAL
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(3) During the declaration of an emergency if you enter an emergency1
shelter, you shall, within the first twenty-four hours of admittance, notify the2
management of the shelter, the chief of police of the municipality, and the sheriff of3
the parish in which the shelter is located of your sex offender status.4
(4) You have a duty to provide notice of change of address or other5
registration information to the sheriff of the parish of residence within three business6
days. If the new or additional residence is located in a different parish, then you7
shall register with the sheriff of the parish in which the new or additional residence8
is located. You shall also send written notice within three business days of9
re-registering in the new parish to the sheriff of the parish of former registration.10
(5) If you provide recreational instruction to persons under the age of11
seventeen, you shall post a notice in the building or facility where such instruction12
is being given.13
(6) Within ten days prior to release from confinement in a correctional14
facility, you shall provide a photograph and other relevant information noted in this15
Article to the office of juvenile justice for purposes of the State Sex Offender and16
Child Predator Registry.17
(7) If you change your place of residence or establish a new or additional18
residence, you shall appear in person at the office of the sheriff of your parish of19
residence where you are currently registered within three business days of the change20
to register the new address. If the new address is located in a different parish, then21
you shall also appear in person at the office of the sheriff of your new parish of22
residence within the same time period. If your parish of residence is in Orleans23
Parish, then the registration shall take place at the New Orleans Police Department24
and not with the Orleans Parish Sheriff.25
(8) If you are absent from your current address of registration for more than26
thirty consecutive days or an aggregate of thirty days or more in a calendar year, and27
are physically present at another address during that same period of time, you shall28
register the new address in person as one of your addresses of residence. If the new29 HLS 10RS-833 ORIGINAL
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address is in a parish different from your current address, you shall also register in1
person with the sheriff of the new parish within three business days of the tolling of2
the time periods listed. This requirement notwithstanding, you shall still notify the3
sheriff of one of your parishes of residence in person if you are to take up temporary4
lodging for seven or more days. It is only after the thirty-day limit is exceeded that5
the new registration shall occur. If your address of residence is in Orleans Parish,6
this registration update shall take place at the New Orleans Police Department and7
not with the Orleans Parish Sheriff's Office.8
(9) You shall also appear in person at the office of the sheriff of any of your9
parishes of residence when there is a change in your name, place of employment, or10
enrollment. This appearance shall occur within three business days of the change.11
If your address of residence is in Orleans Parish, this registration update shall take12
place at the New Orleans Police Department and not with the Orleans Parish Sheriff's13
Office.14
(10) You shall also timely sign and return the periodic address verification15
form sent to you by the Louisiana Bureau of Criminal Identification and Information16
according to the instructions on the verification form.17
(11) You shall update your registration annually on the anniversary of the18
initial registration by appearing in person at the office of each law enforcement19
agency with which you are required to register and shall pay an annual registration20
fee of sixty dollars ($60.00).21
(12) Failure to comply with any of these registration and notification22
requirements is a felony for which you may be punished by a fine of up to one23
thousand dollars ($1,000.00) and imprisonment at hard labor for not less than two24
years nor more than ten years without benefit of parole, probation, or suspension of25
sentence. Upon a second or subsequent conviction, you may be punished by a fine26
of up to three thousand dollars ($3,000.00) and imprisonment at hard labor for not27
less than five years, nor more than twenty years without benefit of parole, probation,28
or suspension of sentence.29 HLS 10RS-833 ORIGINAL
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(13) If you have been adjudicated of a sex offense as defined in R.S. 15:5411
involving a victim who was under the age of thirteen at the time of the offense, you2
are prohibited from residing or being present in certain locations. A copy of this3
statute is provided to you with this notification, if applicable.4
THUS DONE AND SIGNED this ____ day of _____________, 20___ in5
open court, in _____________, Louisiana.6
______________________________________7
Judge, _____ Juvenile Court8
I hereby certify that the above requirements have been explained to me, that9
I have received a copy of the above notice of sex offender registration and10
notification requirements, and a copy of the statutes providing for such requirements.11
I also understand that I will be subject to any changes made by the legislature to the12
registration laws from this day forward.13
___________________________________________14
Signature of Juvenile15
____________________________________________16
Defense Counsel Signature17
Comment - 201018
The notification form is based on the form provided in R.S. 15:543.1.19
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)]
Leger HB No. 702
Abstract: Provides for the notice to a child who may face registration as a sex offender and
provides for the confidentiality of a child's statement obtained in a competency
hearing.
Present law (Ch.C. Art. 305) provides for the jurisdiction of the juvenile court in very serious
matters.
Proposed law retains present law and adds that if charged the court shall notify the child of
the registration requirements for a sex offender.
Present law (Ch.C. Art. 804(3)) provides for the definition of a delinquent act. HLS 10RS-833 ORIGINAL
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are additions.
Proposed law retains present law and adds illegal possession of a firearm to the definition
which categorizes the action as a delinquency case rather than a FINS case.
Present law (Ch.C. Art. 841) provides that an informal adjustment agreement may not be
used against the child over objection. Also provides that an incriminating statement may not
be used against the child over objection in an adjudication hearing or criminal trial.
Proposed law retains present law and adds that any medical examination may not occur until
the clerk of court gives five-days notice to all parties and any incriminating statement made
by the child shall not be used against him in a later proceeding.
Present law (Ch.C. Art. 855(B)(7)) requires the court to determine if a child is capable of
understanding statements about his rights and advise him of certain items.
Proposed law retains present law and adds that when the child is charged with certain serious
offenses, the court shall notify the child regarding applicable sex offender registration
requirements.
Present law (Ch.C. Art. 858) provides for notice to the child of the motion to transfer.
Proposed law retains present law and adds that the court, for certain serious crimes, shall
also notify the child of the applicable sex offender registration requirements.
.
Present law (Ch.C. Art. 860) provides for the examination of the child and that, unless the
child waives his privilege against self-incrimination, the testimony about the medical report
or its contents may not be used against the child.
Proposed law retains present law but adds that an examination shall not occur until five days
after notice to all parties. The report shall not contain any incriminating statement made by
the child and it shall not be used against the child.
Present law (Ch.C. Art. 867) provides for certain types of medical examinations of the child.
Proposed law retains present law but adds that an examination shall not occur until five days
after notice to all parties. The report shall not contain any incriminating statement made by
the child and it shall not be used against the child.
Present law (Ch.C. Art. 869.3) provides for the report of the sanity commission.
Proposed law retains present law and adds that the report shall not include a child's
incriminating statement and any such statement made to an evaluator shall not be used
against the child.
Proposed law (Ch.C. Art. 884.1) provides that the court shall provide the child with written
requirements for registration as a sex offender and provides a form.
(Amends Ch.C. Arts. 305(A)(1)(b) and (B)(1)(b), 804(3), 841(A) and (C), 855(B)(7),
858(B), 860(A), (B), and (D), and 867(A) and (C); Adds Ch.C. Arts. 841(D), 867(E),
869.3(E), and 884.1)