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Regular Session, 2010
SENATE BILL NO. 614
BY SENATOR THOMPSON
CRIMINAL RECORDS. Creates the Louisiana Arson Registry. (8/15/10)
AN ACT1
To enact Chapter 3-F of Title 15 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 15:562 through 15:562.6, relative to the crime of arson; to provide for the3
creation of the registration of arson offenders; to provide for purposes and4
notification; to provide for definitions; to provide for certain criteria; to provide for5
penalties, and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 3-F of Title 15 of the Louisiana Revised Statutes of 1950, to be8
comprised of R.S. 15:562 through 15:562.6 is hereby enacted to read as follows: 9
CHAPTER 3-F. REGISTRATION OF ARSON OFFENDERS10
§562. Findings; purpose11
The legislature finds that arson offenders, even after being released from12
incarceration or commitment, are of paramount governmental interest. The13
legislature further finds that local law enforcement officers' efforts to protect14
their communities, conduct investigations, and quickly apprehend offenders15
who commit arson offenses are impaired by the lack of information available16
to law enforcement agencies about convicted arson offenders, who live within17 SB NO. 614
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the agency's jurisdiction, and the penal and mental health components of our1
justice system are largely hidden from public view and that lack of information2
from either may result in failure of both systems to meet this paramount3
concern of public safety. Release of information about arson offenders, to4
public agencies, will further the governmental interests of public safety and5
public scrutiny of the criminal and mental health systems so long as the6
information released is rationally related to the furtherance of those goals.7
Therefore, this state's policy is to assist local law enforcement agencies' efforts8
to protect their communities by requiring arson offenders to register with the9
state fire marshal and to require the exchange of relevant information about10
arson offenders among state, local, and federal public agencies and officials.11
§562.1. Definitions12
For the purposes of this Chapter, the definitions of terms in this Section13
shall apply:14
(1) "Administration of criminal justice" means performance of any of15
the following activities: detection, apprehension, detention, pretrial release,16
post-trial release, prosecution, adjudication, correctional supervision, or17
rehabilitation of accused persons or criminal offenders. The term also includes18
criminal identification activities, the collection, storage, and dissemination of19
criminal history record information, and the compensation of victims of crime.20
(2) "Arson offense" means a conviction for the perpetration or21
attempted perpetration of, or conspiracy to commit, any of the following:22
(a) Aggravated arson (R.S. 14:51).23
(b) Simple arson (R.S. 14:52).24
(c) Simple arson of a religious building (R.S. 14:52.1).25
(d) Arson with intent to defraud (R.S. 14:53).26
(e) Communicating of false information of planned arson (R.S. 14:54.1).27
(f) Manufacture and possession of delayed action incendiary devices28
(R.S. 14:54.2).29 SB NO. 614
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(g) Manufacture and possession of a bomb (R.S. 14:54.3).1
(h) Fake explosive device (R.S. 14:54.5).2
(3)"Conviction or other disposition adverse to the subject" means any3
disposition of charges, except a decision not to prosecute, a dismissal, or an4
acquittal, except when the acquittal is due to a finding of not guilty by reason5
of insanity and the person was committed. However, a dismissal entered after6
a period of probation, suspension, or deferral of sentence shall be considered a7
disposition adverse to the subject.8
(4) "Conviction record" means criminal history record information9
relating to an incident which has led to a conviction or other disposition adverse10
to the subject.11
(5) "Court determination" means a determination that a person is an12
arsonist or a determination that a person is no longer an arsonist that shall be13
made by the sentencing court after receiving a report by the commission.14
(6) "Criminal history record information" means information contained15
in records collected by criminal justice agencies, other than courts, on16
individuals, consisting of identifiable descriptions and notations of arrests,17
detention, indictments, information, or other formal criminal charges, and any18
disposition arising therefrom, including sentences, correctional supervision, and19
release. The term includes information contained in records maintained by or20
obtained from criminal justice agencies, other than courts, which records21
provide individual identification of a person together with any portion of the22
individual's record of involvement in the criminal justice system as an alleged23
or convicted offender, except:24
(a) Posters, announcements, or lists for identifying or apprehending25
fugitives or wanted persons.26
(b) Original records of entry maintained by criminal justice agencies to27
the extent that such records are compiled and maintained chronologically and28
are accessible only on a chronological basis.29 SB NO. 614
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(c) Court indices and records of public judicial proceedings, court1
decisions, and opinions, and information disclosed during judicial proceedings.2
(d) Records of traffic violations which are not punishable by a maximum3
term of imprisonment of more than ninety days.4
(e) Records of any traffic offenses as maintained by the office of motor5
vehicles for the purpose of regulating the issuance, suspension, revocation, or6
renewal of drivers' or other operators' licenses.7
(f) Records of any aviation violation or offenses as maintained by the8
Department of Transportation and Development for the purpose of regulating9
pilots or other aviation operators.10
(g) Announcements of pardons.11
(7) "Criminal justice agency" means:12
(a) A court.13
(b) A government agency which performs the administration of criminal14
justice pursuant to a statute or executive order and which allocates a substantial15
part of its annual budget to the administration of criminal justice.16
(8) "Disposition" means the formal conclusion of a criminal proceeding17
at whatever stage it occurs in the criminal justice system.18
(9) "Dissemination" means disclosing criminal history record19
information or disclosing the absence of criminal history record information to20
any person or agency outside the agency possessing the information, subject to21
the following exceptions:22
(a) When criminal justice agencies jointly participate in the maintenance23
of a single recordkeeping department as an alternative to maintaining separate24
records, the furnishing of information by that department to personnel of any25
participating agency.26
(b) The furnishing of information by any criminal justice agency to27
another for the purpose of processing a matter through the criminal justice28
system, such as a police department providing information to a prosecutor for29 SB NO. 614
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use in preparing a charge.1
(c) The reporting of an event to a recordkeeping agency for the purpose2
of maintaining the record.3
(10) "Residence" means a dwelling where an offender regularly resides,4
regardless of the number of days or nights spent there. For those offenders who5
lack a fixed abode or dwelling, "residence" shall include the area or place where6
the offender habitually lives, including but not limited to a rural area with no7
address or a shelter.8
§562.2 Powers and duties of state fire marshal9
In addition to any other powers and duties conferred in this Chapter, the10
state fire marshal shall:11
(1) Be responsible for the policy management and administration of the12
registration of arson offenders to support arson investigations, enforcement and13
prevention activities.14
(2) Have the authority to enforce the provisions of this Chapter.15
§562.3 Registration of arson offenders16
A. Any person residing in this state who has pled guilty to, has been17
convicted of, or where adjudication has been deferred or withheld for the18
perpetration or attempted perpetration of, or any conspiracy to commit an19
arson offense as defined in R.S. 15:562.1 shall be required to register as an20
arson offender with the state fire marshal.21
B.(1) The offender shall register and provide all of the following22
information to the state fire marshal:23
(a) Name and any aliases used by the offender.24
(b) Physical address or addresses of residence.25
(c) Two forms of proof of residence for each residential address26
provided, including but not limited to a driver's license, bill for utility service,27
and bill for telephone service. If those forms of proof of residence are not28
available, the offender may provide an affidavit of an adult resident living at the29 SB NO. 614
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same address. The affidavit shall certify that the affiant understands his1
obligation to provide written notice pursuant to R.S. 15:562.5.2
(d) The crime for which he was convicted and the date and place of such3
conviction, and if known by the offender, the court in which the conviction was4
obtained, the docket number of the case, the specific statute under which he was5
convicted, and the sentence imposed.6
(e) A current photograph.7
(f) Telephone numbers, including fixed location phone and mobile phone8
numbers assigned to the offender or associated with any residence address of9
the offender.10
(g) A description of every vehicle registered to or operated by the11
offender, including license plate number and a copy of the offender's driver's12
license or identification card.13
(h) Social security number and date of birth.14
(i) Past or current employment, membership, or association with a public15
safety agency or emergency service organization.16
(2) Every offender required to register in accordance with this Section17
shall appear in person and provide the information required by Paragraph (1)18
of this Subsection to the state fire marshal within thirty business days of19
establishing residence in Louisiana, or if a current resident, within thirty20
business days after conviction or adjudication if not immediately incarcerated21
or taken into custody after conviction or adjudication. If incarcerated, once22
released from confinement, every offender shall appear in person within thirty23
business days to register with the state fire marshal pursuant to the provisions24
of this Section.25
(3) Knowingly providing false information to the state fire marshal26
pursuant to the provisions of this Chapter shall constitute a failure to register27
pursuant to R.S. 15:562.5(A)(1).28
C. (1)The offender shall pay to the state fire marshal an annual29 SB NO. 614
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registration fee of sixty dollars to defray the costs of maintaining the record of1
the offender. The payment of such a fee shall be made in accordance with any2
rule regarding indigency adopted by the judges of the judicial district court in3
the jurisdiction. The offender shall pay such fee upon the initial registration and4
on the anniversary thereof. Failure by the offender to pay the fee within thirty5
days of initial registration shall constitute a failure to register and shall subject6
the offender to penalties under the provisions of R.S. 15:562.5(A)(3). The7
offender shall not be prevented from registering in accordance with this Section8
for failure to pay the annual registration fee.9
(2) The fees collected pursuant to this Chapter shall be deposited into the10
State Fire Marshal Arson Enforcement and Prevention Fund within the state11
treasury as provided by law. The monies shall be deposited to the credit of the12
fund and shall, in addition to any other monies available for such purpose, be13
available to the state fire marshal to support arson investigation, enforcement14
and prevention activities.15
D. Upon receipt of the registration information as required by the16
provisions of this Section, the state fire marshal shall immediately forward such17
information to the bureau electronically.18
E. The arson offender registration requirements required by this19
Chapter are mandatory and shall not be waived or suspended by any court. Any20
order waiving or suspending arson offender registration requirements shall be21
null, void, and of no effect. Any order waiving or suspending registration22
requirements shall not be construed to invalidate an otherwise valid conviction.23
§562.4 Duty of offenders to notify law enforcement of change of address,24
residence, or other registration information25
A. Those persons required to register pursuant to the provisions of this26
Chapter shall appear in person at the fire marshal's office within thirty business27
days of establishing a new or additional physical residential address or of28
changes in information previously provided when any of the following occur:29 SB NO. 614
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(1) The offender changes his place of residence or establishes a new or1
additional residence; or2
(2) When the offender has vacated his current address of registration3
with the intent not to return; or4
(3) When the offender has been absent from his current address of5
registration for more than ninety consecutive days or an aggregate of ninety6
days or more per calendar year and is physically present at another address7
during that same time period; or8
(4) The offender has a change in name.9
B. The notice of change of address required by this Section shall include10
proof of residence as required by R.S. 15:562.3(B)(1)(c).11
C. Any arson offender who fails to provide change of address or other12
information as provided in this Section shall be subject to criminal prosecution13
as provided in R.S. 15:562.5.14
§562.5. Failure to register as an arson offender; penalties15
A.(1) A person who fails to register, periodically renew and update16
registration, provide proof of residence or notification of change of address or17
other registration information, as required by the provisions of this Chapter,18
and a person who knowingly provides false information to the state fire marshal19
as provided in R.S. 15:562.3(B)(3), shall, upon first conviction, be fined not20
more than five hundred dollars.21
(2) Upon second or subsequent convictions, the offender shall be fined22
one thousand dollars.23
(3) An offender who fails to pay the annual registration fee in accordance24
with the provisions of R.S. 15:562.3 shall be fined not more than five hundred25
dollars. Upon a second or subsequent conviction for the failure to pay the26
annual registration fee, the offender shall be fined not more than one thousand27
dollars.28
B.(1) Any person who certifies by affidavit the location of the residence29 SB NO. 614
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of the offender shall send written notice to the state fire marshal. This1
notification shall be made any time the offender is absent from the residence for2
a period of ninety days or more, or the offender vacates the residence with the3
intent to establish a new residence at another location. This notification shall be4
sent within thirty days of the offender vacating the residence with the requisite5
intent.6
(2) Any person who fails to provide the notice required by this7
Subsection shall be fined not more than five hundred dollars.8
§562.6. Duration of registration and notification period9
A person required to register pursuant to the provisions of this Chapter10
shall comply with the requirement for five years for a first offense and for the11
duration of the lifetime of the offender for a second or subsequent offense,12
unless the underlying conviction is reversed, set aside, or vacated.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Proposed law creates the Louisiana Arson Registry.
Proposed law provides for definitions.
Proposed law provides that any person residing in this state who has pled guilty to, or has
been convicted of an arson offense must register with the state fire marshal.
Proposed law provides for an offender to pay to the appropriate law enforcement agencies
with whom he is required to register an annual registration fee of $60 to defray the costs of
maintaining the record of the offender.
Proposed law provides for the exemption of any juvenile from any notification requirements
of proposed law, except for the notification required for providing recreational instructions
to persons under the age of 17.
Proposed law provides for offenders to notify law enforcement of changes of address and
residence.
Proposed law requires the offender to provide notification for five years on a first conviction
and for the duration of his lifetime for a second or subsequent conviction, unless the
underlying conviction is reversed, set aside, or vacated.
Proposed law provides for the following penalties:
On a first conviction, a fine of not more than $500. SB NO. 614
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On a second or subsequent convictions, the offender will be fined $1,000.
Effective August 15, 2010.
(Adds R.S. 15:562 through 562.6)