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ACT No. 594
Regular Session, 2010
HOUSE BILL NO. 702
BY REPRESENTATIVE LEGER
(On Recommendation of the Louisiana State Law Institute)
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) and (B), and 867(A) and (C) and to enact3
Children's Code Articles 841(D) and 884.1, relative to the continuous revision of the4
Children's Code; to provide for divestiture of juvenile court jurisdiction; to provide5
for criminal court jurisdiction; to provide for definitions; to provide for advice of6
rights; to provide for notice of a motion to transfer; to provide for sex offender7
registration and notification requirements; to provide for informal adjustment8
agreements; to provide for certain types of medical examinations in motions to9
transfer and in adjudication hearings; to provide for the report of the sanity10
commission; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Children's Code Articles 305(A)(1)(b) and (B)(1)(b), 804(3), 841(A) and13
(C), 855(B)(7), 858(B), 860(A) and (B), and 867(A) and (C) are hereby amended and14
reenacted and Children's Code Articles 841(D) and 884.1 are hereby enacted to read as15
follows:16
Art. 305. Divestiture of juvenile court jurisdiction; original criminal court17
jurisdiction over children; when acquired18
A.(1) When a child is fifteen years of age or older at the time of the19
commission of first degree murder, second degree murder, aggravated rape, or20
aggravated kidnapping, he is subject to the exclusive jurisdiction of the juvenile21
court until either:22
* * *23 ENROLLEDHB NO. 702
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(b) The juvenile court holds a continued custody hearing pursuant to Articles1
819 and 820 and finds probable cause that he committed one of these offenses,2
whichever occurs first. During this hearing, when the child is charged with3
aggravated rape, the court shall inform him that if convicted he shall register as a sex4
offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised5
Statutes of 1950.6
* * *7
B.(1) When a child is fifteen years of age or older at the time of the8
commission of any of the offenses listed in Subparagraph (2) of this Paragraph, he9
is subject to the exclusive jurisdiction of the juvenile court until whichever of the10
following occurs first:11
* * *12
(b) The juvenile court holds a continued custody hearing and finds probable13
cause that the child has committed any of the offenses listed in Subparagraph (2) of14
this Paragraph and a bill of information charging any of the offenses listed in15
Subparagraph (2) of this Paragraph is filed. During this hearing, when the child is16
charged with forcible rape or second degree kidnapping, the court shall inform him17
that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B18
of Title 15 of the Louisiana Revised Statutes of 1950.19
* * *20
Comment - 201021
Chapter 3-B of Title 15 requires registration as a sex offender for any22
juvenile who was transferred to adult court and has pled guilty or has been convicted23
after trial of second degree kidnapping, aggravated rape, or forcible rape.24
* * *25
Art. 804. Definitions26
As used in this Title:27
* * *28
(3) "Delinquent act" means an act committed by a child of ten years of age29
or older which if committed by an adult is designated an offense under the statutes30
or ordinances of this state, or of another state if the act offense occurred in another31 ENROLLEDHB NO. 702
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state there, or under federal law, except traffic violations. It includes an act1
constituting an offense under R.S. 14:95.8 and a direct contempt of court committed2
by a child.3
* * *4
Comment - 20105
This revision shifts the illegal possession of a firearm offense from the6
category of FINS cases to delinquency cases. This revision corrects a long standing7
anomaly and follows the recent ruling in State ex rel. D.J., 5 So.3d 923 (La.Ct.App.8
4th Cir. 2009).9
* * *10
Art. 841. Effect of agreement11
A. An informal adjustment agreement shall not be considered an12
adjudication. Evidence of the existence of such an agreement shall not be used13
against the child over objection in any adjudication hearing or criminal trial. Such14
That evidence may be used in a disposition hearing in the juvenile court or for the15
purpose of a presentence investigation after a criminal conviction.16
* * *17
C. Any incriminating statement made by the child to the person giving18
counsel or advice and in the discussions or conferences incident to the informal19
adjustment agreement shall not be used against the declarant child, over objection,20
in an adjudication hearing or criminal trial. Any such The incriminating statement21
may be used in a disposition hearing in the court or for the purpose of a presentence22
investigation after a criminal conviction.23
D. If any medical, mental health, sensory, or special competency evaluation24
is performed during the period of an informal adjustment agreement, the report shall25
not include any incriminating statement made by the child. The examination shall26
not occur until five days after the clerk of court has given notice to all parties of the27
examination order. Any incriminating statement made by the child to the evaluator,28
which would violate the child's privilege against self-incrimination, shall not be used29 ENROLLEDHB NO. 702
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against him in any future court proceedings, adjudication hearing, or later criminal1
trial.2
* * *3
Art. 855. Advice of rights at appearance to answer4
* * *5
B. If the child is capable, the court shall then advise the child of the6
following items in terms understandable to the child:7
* * *8
(7) The possible consequences of his admission that the allegations are true,9
including the maximum and minimal dispositions which the court might may impose10
pursuant to Articles 897 through 900. In addition, if the child is fourteen years of11
age or older and the petition charges the child with the perpetration, attempted12
perpetration, or conspiracy to commit any of the following offenses, the court shall13
inform the child that, if he admits to allegations of the petition, or the allegations of14
the petition are found to be true, he may be required to register as a sex offender15
pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and16
the court shall inform the child regarding applicable required registrations and their17
duration:18
(a) Aggravated rape as defined in R.S. 14:42.19
(b) Forcible rape as defined in R.S. 14.42.1.20
(c) Second degree sexual battery as defined in R.S. 14:43.2.21
(d) Aggravated kidnapping of a child who has not attained the age of thirteen22
years pursuant to R.S. 14:44 or 44.2.23
(e) Second degree kidnapping of a child who has not attained the age of24
thirteen years as defined in R.S. 14:44.1.25
(f) Aggravated incest involving circumstances defined by R.S. 14:78.1 as an26
aggravated offense.27
(g) Aggravated crime against nature as defined in R.S. 14:89.1.28 ENROLLEDHB NO. 702
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Comment - 20101
This is an amplification of the Boykin and "Adam Walsh" requirement that2
an accused be informed by the court of the maximum dispositions that may be3
imposed should he be convicted. After Louisiana enacted an "Adam Walsh" statute,4
Chapter 3-B of Title 15, conviction of a juvenile offender for certain sex offenses5
became a very serious matter with life-altering consequences. Registration is6
required for juvenile offenders who are transferred to criminal court and found guilty7
or who pleaded guilty to certain offenses. The revision to Subparagraph (7) lists the8
age and offense requirements of R.S. 15:542(A)(3). Adjudication for an "aggravated9
offense", as defined in R.S. 15:541(2) requires lifetime registration and quarterly in-10
person registration renewals.11
* * *12
Art. 858. Motion for transfer; notice 13
* * *14
B. Notice in writing of the time, place, and purpose of the hearing must shall15
be given to the child and his parents and other custodian, if any, at least ten days16
before the hearing. In addition, if the petition charges the child with second degree17
kidnapping, aggravated rape, or forcible rape, the court shall inform the child18
regarding the applicable registration and duration requirements in Chapter 3-B of19
Title 15 of the Louisiana Revised Statutes of 1950.20
Comment - 201021
R.S. 15:541(2) requires registration for any juvenile who was transferred to22
criminal court, pursuant to Article 857, and thereafter convicted or pleaded guilty to23
any of these three offenses.24
* * *25
Art. 860. Medical, sensory, psychological, and psychiatric examinations26
A. On its own motion or on the motion of the child or district attorney, the27
court may order any child subject to a motion to transfer to be examined by a28
physician, optometrist, audiologist, psychologist, or psychiatrist. Unless waived by29
the child, the examination shall not occur until five days after the clerk of court has30
notified all parties of the examination order.31
B. Any examination shall be made and the findings submitted to the court32
within three days of the transfer hearing. Such This time period may be extended by33
the court for good cause.34
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Art. 867. Medical, sensory, psychological, and psychiatric examinations1
A. On its own motion or on the motion of the child or district attorney, the2
court may order any child concerning whom a petition has been filed to be examined3
by a physician, optometrist, or audiologist. Unless waived by the child, the4
examination shall not occur until five days after the clerk of court notified all parties5
of the examination order.6
* * *7
C. Any examination as herein provided shall be made and the findings8
submitted to the court within thirty days of the date the order is entered. Such This9
time period may be extended by the court for good cause.10
* * *11
Art. 884.1. Informing the child of sex offender registration and notification12
requirements; form13
A. When the child has admitted the allegations of the petition or when14
adjudicated delinquent for any of the following offenses, the court shall provide him15
with written notice of the requirements for registration as a sex offender:16
(1) Aggravated rape as defined in R.S. 14:42.17
(2) Forcible rape as defined in R.S. 14:42.1.18
(3) Second degree sexual battery as defined in R.S. 14:43.2.19
(4) Aggravated kidnapping of a child who has not attained the age of thirteen20
years pursuant to either R.S. 14:44 or 44.2.21
(5) Second degree kidnapping of a child who has not attained the age of22
thirteen years as defined in R.S. 14:44.1.23
(6) Aggravated incest involving circumstances defined by R.S. 14:78.1 as24
an aggravated offense.25
(7) Aggravated crime against nature as defined in R.S. 14:89.1.26 ENROLLEDHB NO. 702
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B. The court shall use this form for the notice:1
STATE IN THE INTEREST OF _________2
_________ JUDICIAL DISTRICT COURT3
DOCKET # __________ PARISH OF _________________________4
DIVISION __________ STATE OF LOUISIANA5
Notification to Sex Offender in accordance with Children's Code Article 884.1, this6
Court has the duty to provide _______________________ (name of juvenile) with7
the information necessary for awareness of sex offender and child predator8
registration requirements. _______________________ (name of juvenile) has9
admitted the allegations of the petition or has been adjudicated of a violation of R.S.10
________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana11
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED12
that ___________________ shall register for the period of ___________ from the13
date of his release from confinement being placed on aftercare, supervised release14
or probation, or from the date of his adjudication, if the disposition does not involve15
a term of confinement.16
(1) You shall initially register with the sheriff and chief of police, if any, of17
the parish of the juvenile court in which you were adjudicated. Additionally, you18
shall update your registration, in person, every ninety days from the date of initial19
registration, with the sheriff and chief of police, if any, of the parish of your20
residence and the parish where you attend school or are employed.21
Within three business days of establishing residence in Louisiana or if a22
current resident, within three business days after adjudication if not immediately23
committed to confinement or taken into custody, or within three business days after24
release from confinement, you shall obtain and provide all of the following25
information to each sheriff or police department (except in Orleans Parish where26
registration shall take place with the New Orleans Police Department):27
(a) Name and any aliases.28
(b) Physical address or addresses of residence.29 ENROLLEDHB NO. 702
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(c) Name and physical address of place of employment. If you do not have1
a fixed place of employment, you shall provide information with as much specificity2
as possible regarding the places where you work, including but not limited to travel3
routes.4
(d) Name and physical address of the school in which you are a student.5
(e) Two forms of proof of residence for each residential address provided,6
including but not limited to a driver's license, bill for utility service, and bill for7
telephone service. If those forms of proof are not available, you may provide an8
affidavit of an adult resident living at the same address.9
(f) The offense for which you were adjudicated and the date and place of the10
adjudication, and if known, the court in which the adjudication was obtained, the11
docket number of the case, the specific statute violated, and the disposition imposed.12
Note that this information is all contained at the beginning of this form.13
(g) A current photograph, fingerprints, palm prints, and a DNA sample.14
(h) Your telephone numbers, including fixed location phone, mobile phone15
numbers, or telephone number associated with any residence address.16
(i) A description of every vehicle registered to or operated by you, including17
license plate number and a copy of your driver's license or identification card.18
(j) Your social security number and date of birth.19
(k) A description of your physical characteristics, including but not limited20
to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other21
identifying marks.22
(l) Every e-mail address, online screen name, or other online identity you use23
or have used to communicate on the Internet.24
(m) Temporary lodging information regarding any place where you plan to25
stay for seven or more days and the length of the planned stay.26
(n) Travel and immigration documents, including but not limited to passports27
and documents establishing immigration status.28
(2) If you are committed to the office of juvenile justice, you shall provide29
this information to that office within ten days prior to release from confinement.30 ENROLLEDHB NO. 702
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You shall still appear in person at the sheriff's office within three business days of1
release from confinement.2
(3) During the declaration of an emergency if you enter an emergency3
shelter, you shall, within the first twenty-four hours of admittance, notify the4
management of the shelter, the chief of police of the municipality, and the sheriff of5
the parish in which the shelter is located of your sex offender status.6
(4) You have a duty to provide notice of change of address or other7
registration information to the sheriff of the parish of residence within three business8
days. If the new or additional residence is located in a different parish, then you9
shall register with the sheriff of the parish in which the new or additional residence10
is located. You shall also send written notice within three business days of11
re-registering in the new parish to the sheriff of the parish of former registration.12
(5) If you provide recreational instruction to persons under the age of13
seventeen, you shall post a notice in the building or facility where such instruction14
is being given.15
(6) Within ten days prior to release from confinement in a correctional16
facility, you shall provide a photograph and other relevant information noted in this17
Article to the office of juvenile justice for purposes of the State Sex Offender and18
Child Predator Registry.19
(7) If you change your place of residence or establish a new or additional20
residence, you shall appear in person at the office of the sheriff of your parish of21
residence where you are currently registered within three business days of the change22
to register the new address. If the new address is located in a different parish, then23
you shall also appear in person at the office of the sheriff of your new parish of24
residence within the same time period. If your parish of residence is in Orleans25
Parish, then the registration shall take place at the New Orleans Police Department26
and not with the Orleans Parish Sheriff's Office.27
(8) If you are absent from your current address of registration for more than28
thirty consecutive days or an aggregate of thirty days or more in a calendar year, and29
are physically present at another address during that same period of time, you shall30 ENROLLEDHB NO. 702
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register the new address in person as one of your addresses of residence. If the new1
address is in a parish different from your current address, you shall also register in2
person with the sheriff of the new parish within three business days of the tolling of3
the time periods listed. This requirement notwithstanding, you shall still notify the4
sheriff of one of your parishes of residence in person if you are to take up temporary5
lodging for seven or more days. It is only after the thirty-day limit is exceeded that6
the new registration shall occur. If your address of residence is in Orleans Parish,7
this registration update shall take place at the New Orleans Police Department and8
not with the Orleans Parish Sheriff's Office.9
(9) You shall also appear in person at the office of the sheriff of any of your10
parishes of residence when there is a change in your name, place of employment, or11
enrollment. This appearance shall occur within three business days of the change.12
If your address of residence is in Orleans Parish, this registration update shall take13
place at the New Orleans Police Department and not with the Orleans Parish Sheriff's14
Office.15
(10) You shall also timely sign and return the periodic address verification16
form sent to you by the Louisiana Bureau of Criminal Identification and Information17
according to the instructions on the verification form.18
(11) You shall update your registration annually on the anniversary of the19
initial registration by appearing in person at the office of each law enforcement20
agency with which you are required to register and shall pay an annual registration21
fee of sixty dollars ($60.00).22
(12) Failure to comply with any of these registration and notification23
requirements is a felony for which you may be punished by a fine of up to one24
thousand dollars ($1,000.00) and imprisonment at hard labor for not less than two25
years nor more than ten years without benefit of parole, probation, or suspension of26
sentence. Upon a second or subsequent conviction, you may be punished by a fine27
of up to three thousand dollars ($3,000.00) and imprisonment at hard labor for not28
less than five years, nor more than twenty years without benefit of parole, probation,29
or suspension of sentence.30 ENROLLEDHB NO. 702
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: