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Regular Session, 2010 ENROLLED
SENATE BILL NO. 614
BY SENATOR THOMPSON
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 562.6, relative to the crime of arson; to provide for the3
registration of persons who commit offenses involving arson; to provide for purposes4
and notification; to provide for definitions; to provide for certain criteria; to provide5
for 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 562.6, is hereby enacted to read as follows: 9
CHAPTER 3-F. REGISTRATION OF PERSONS WHO COMMIT10
OFFENSES INVOLVING ARSON11
§562. Findings; purpose12
The legislature finds that persons who commit offenses involving arson,13
even after being released from incarceration or commitment, are of paramount14
governmental interest. The legislature further finds that local law enforcement15
officers' efforts to protect their communities, conduct investigations, and16
quickly apprehend persons who commit offenses involving arson are impaired17
by the lack of information available to law enforcement agencies about persons18
convicted of offenses involving arson, who live within the agencies' jurisdiction,19
and the penal and mental health components of our justice system are largely20
hidden from public view and that lack of information from either may result in21
failure of both systems to meet this paramount concern of public safety. Release22
of information about persons who commit offenses involving arson to public23
agencies will further the governmental interests of public safety and public24
scrutiny of the criminal and mental health systems so long as the information25
released is rationally related to the furtherance of those goals. Therefore, this26 SB NO. 614 ENROLLED
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state's policy is to assist local law enforcement agencies' efforts to protect their1
communities by requiring persons who commit offenses involving arson to2
register with the state fire marshal and to require the exchange of relevant3
information about persons who commit offenses involving arson among state,4
local, and federal public agencies and officials.5
§562.1. Definitions6
For the purposes of this Chapter, the following shall apply:7
(1) "Conviction" means any disposition of charges adverse to the8
defendant, including a plea of guilty, deferred adjudication, adjudication9
withheld for the perpetration or attempted perpetration of or conspiracy to10
commit an offense involving arson. "Conviction" shall not include a decision11
not to prosecute, a dismissal, or an acquittal, except when the acquittal is due12
to a finding of not guilty by reason of insanity and the person was committed.13
However, a dismissal entered after a period of probation, suspension, or14
deferral of sentence shall be included in the definition of "conviction" for15
purposes of this Chapter.16
(2) "Disposition" means the formal conclusion of a criminal proceeding17
at whatever stage it occurs in the criminal justice system.18
(3) "Offense involving arson" includes the following:19
(a) Aggravated arson (R.S. 14:51).20
(b) Simple arson (R.S. 14:52).21
(c) Simple arson of a religious building (R.S. 14:52.1).22
(d) Arson with intent to defraud (R.S. 14:53).23
(e) Communicating of false information of planned arson (R.S. 14:54.1).24
(f) Manufacture and possession of delayed action incendiary devices25
(R.S. 14:54.2).26
(g) Manufacture and possession of a bomb (R.S. 14:54.3).27
(h) Fake explosive device (R.S. 14:54.5).28
(4) "Residence" means a dwelling where an offender regularly resides,29
regardless of the number of days or nights spent there. For those offenders who30 SB NO. 614 ENROLLED
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lack a fixed abode or dwelling, "residence" shall include the area or place where1
the offender habitually lives, including but not limited to a rural area with no2
address or a shelter.3
§562.2. Powers and duties of state fire marshal4
In addition to any other powers and duties conferred in this Chapter, the5
state fire marshal shall:6
(1) Be responsible for the policy management and administration of the7
registration of persons who commit offenses involving arson to support8
investigations, enforcement and prevention of activities involving arson.9
(2) Have the authority to enforce the provisions of this Chapter.10
§562.3. Registration of arson offenders11
A. Any person over the age of seventeen residing in this state who has12
been convicted of an offense involving arson as defined in R.S. 15:562.1 shall13
be required to register with the state fire marshal.14
B.(1) The offender shall register and provide all of the following15
information to the state fire marshal:16
(a) Name and any aliases used by the offender.17
(b) Physical address or addresses of residence.18
(c) Two forms of proof of residence for each residential address19
provided, including but not limited to a driver's license, bill for utility service,20
and bill for telephone service. If those forms of proof of residence are not21
available, the offender may provide an affidavit of an adult resident living at the22
same address. The affidavit shall certify that the affiant understands his23
obligation to provide written notice pursuant to R.S. 15:562.5.24
(d) The crime for which he was convicted and the date and place of such25
conviction, and if known by the offender, the court in which the conviction was26
obtained, the docket number of the case, the specific statute under which he was27
convicted, and the sentence imposed.28
(e) A current photograph of himself.29
(f) Telephone numbers, including fixed location phone and mobile phone30 SB NO. 614 ENROLLED
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numbers assigned to the offender or associated with any residence address of1
the offender.2
(g) A description of every vehicle registered to or operated by the3
offender, including license plate number and a copy of the offender's driver's4
license or identification card.5
(h) Social security number and date of birth.6
(i) Past or current employment, membership, or association with a public7
safety agency or emergency service organization.8
(2) Every offender required to register in accordance with this Chapter9
shall appear in person and provide the information required by Paragraph (1)10
of this Subsection to the state fire marshal within thirty business days of11
establishing residence in Louisiana, or if a current resident, within thirty12
business days after conviction or adjudication if not immediately incarcerated13
or taken into custody after conviction or adjudication. If incarcerated, once14
released from confinement, every offender shall appear in person within thirty15
business days to register with the state fire marshal pursuant to the provisions16
of this Section.17
(3) Knowingly providing false information to the state fire marshal18
pursuant to the provisions of this Chapter shall constitute a failure to register19
pursuant to R.S. 15:562.5(A)(1).20
§562.4. Duty of offenders to notify law enforcement of change of address,21
residence, or other registration information22
A. Those persons required to register pursuant to the provisions of this23
Chapter shall appear in person at the fire marshal's office within thirty business24
days of establishing a new or additional physical residential address or of25
changes in information previously provided when any of the following occur:26
(1) The offender changes his place of residence or establishes a new or27
additional residence.28
(2) The offender has vacated his current address of registration with the29
intent not to return.30 SB NO. 614 ENROLLED
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(3) The offender has been absent from his current address of registration1
for more than ninety consecutive days or an aggregate of ninety days or more2
per calendar year and is physically present at another address during that same3
time period.4
(4) The offender has a change in name.5
B. The notice of change of address required by this Section shall include6
proof of residence as required by R.S. 15:562.3(B)(1)(c).7
C. Any person who commits an offense involving arson who fails to8
provide change of address or other information as provided in this Section shall9
be subject to criminal prosecution as provided in R.S. 15:562.5.10
§562.5. Failure to register; penalties11
A.(1) A person who fails to register, periodically renew and update12
registration, provide proof of residence or notification of change of address or13
other registration information, as required by the provisions of this Chapter,14
and a person who knowingly provides false information to the state fire marshal15
as provided in R.S. 15:562.3(B)(3), shall, upon first conviction, be fined not16
more than five hundred dollars.17
(2) Upon second or subsequent convictions, the offender shall be fined18
one thousand dollars.19
(3) An offender who fails to pay the annual registration fee in accordance20
with the provisions of R.S. 15:562.3 shall be fined not more than five hundred21
dollars. Upon a second or subsequent conviction for the failure to pay the22
annual registration fee, the offender shall be fined not more than one thousand23
dollars.24
B.(1) Any person who certifies by affidavit the location of the residence25
of the offender shall send written notice to the state fire marshal. This26
notification shall be made any time the offender is absent from the residence for27
a period of ninety days or more, or the offender vacates the residence with the28
intent to establish a new residence at another location. This notification shall be29
sent within thirty days of the offender vacating the residence with the requisite30 SB NO. 614 ENROLLED
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intent.1
(2) Any person who fails to provide the notice required by this2
Subsection shall be fined not more than five hundred dollars.3
§562.6. Duration of registration and notification period4
A person required to register pursuant to the provisions of this Chapter5
shall comply with the requirement for five years for a first offense and for the6
duration of the lifetime of the offender for a second or subsequent offense,7
unless the underlying conviction is reversed, set aside, or vacated.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: