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Regular Session, 2010
SENATE BILL NO. 780
BY SENATORS CHEEK, DORSEY, DUPL ESSIS AND MOUNT AND
REPRESENTATIVE BURFORD
SEX OFFENSES. Provides for registration and certain employment activities for sex
offenders. (gov sig)
AN ACT1
To amend and reenact R.S. 15:543.1 and to enact R.S. 15:553, relative to sex offenders; to2
provide for lifetime registration; to prohibit certain types of employment of sex3
offenders; to provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:543.1 is hereby amended and reenacted and R.S. 15:553 is hereby6
enacted to read as follows: 7
§543.1. Written notification by the courts; form to be used8
STATE V. ____________________ JUDICIAL DISTRICT COURT9
DOCKET # __________ PARISH OF ___________________10
DIVISION ______ STATE OF LOUISIANA11
Notification to Sex Offender12
In accordance with R.S. 15:543, this court has the duty to provide13
_______________________ (name of offender) with the information necessary for14
awareness of sex offender and child predator registration requirements.15
_______________________ has pled guilty to or been found guilty of a violation of16
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana17 SB NO. 780
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Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED1
that ___________________ must register for the period of ___________ from the2
date of his release from prison, being placed on parole, supervised release or3
probation, or from the date of his conviction, if the offender is not sentenced to a4
term of imprisonment or jail. Additionally, since _________________ (hereinafter5
referred to as offender) has been convicted of:6
( ) An aggravated offense as defined in R.S. 15:541, the offender must7
update his/her registration, in person, every 90 days from the date of initial8
registration, with the appropriate law enforcement agencies as provided in R.S.9
15:542.10
( ) A sexual offense involving a victim who is a minor as defined in R.S.11
15:541, the offender must update his/her registration, in person, every six months12
from the date of initial registration, with the appropriate law enforcement agencies13
as provided in R.S. 15:542.14
( ) An offense not defined in R.S. 15:541, as an aggravated offense or a15
sexual offense involving a victim who is a minor, the offender must update his/her16
registration, in person, annually from the date of initial registration, with the17
appropriate law enforcement agencies as provided in R.S. 15:542.18
Based on the foregoing you are hereby notified of the following:19
(1) The offender, within three (3) business days of establishing residence in20
Louisiana or if a current resident, within three (3) business days after conviction or21
adjudication if not immediately incarcerated or taken into custody, or within three22
(3) business days after release from confinement, shall obtain and provide the23
following information to each sheriff or police department in accordance with R.S.24
15:542(B) (except in Orleans Parish where registration shall take place with the New25
Orleans Police Department):26
(a) Name and any aliases used by the offender.27
(b) Physical address or addresses of residence.28
(c) Name and physical address of place of employment. If the offender does29 SB NO. 780
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not have a fixed place of employment, the offender shall provide information with1
as much specificity as possible regarding the places where he works, including but2
not limited to travel routes used by the offender.3
(d) Name and physical address of the school in which he is a student.4
(e) Two forms of proof of residence for each residential address provided,5
including but not limited to a driver's license, bill for utility service, and bill for6
telephone service. If those forms of proof of residence are not available, the offender7
may provide an affidavit of an adult resident living at the same address. The affidavit8
shall certify that the affiant understands his obligation to provide written notice9
pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with whom10
the offender last registered when the offender no longer resides at the residence11
provided in the affidavit.12
(f) The crime for which he was convicted and the date and place of such13
conviction, and if known by the offender, the court in which the conviction was14
obtained, the docket number of the case, the specific statute under which he was15
convicted, and the sentence imposed.16
(g) A current photograph, fingerprints, palm prints, and a DNA sample.17
(h) Telephone numbers, including fixed location phone and mobile phone18
numbers assigned to the offender or associated with any residence address of the19
offender.20
(i) A description of every vehicle registered to or operated by the offender,21
including license plate number and a copy of the offender's driver's license or22
identification card.23
(j) Social security number and date of birth.24
(k) A description of the physical characteristics of the offender, including but25
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or26
other identifying marks on the body of the offender.27
(l) Every e-mail address, online screen name or other online identity used by28
the offender to communicate on the Internet.29 SB NO. 780
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(m) Temporary lodging information regarding any place where the offender1
plans to stay for seven or more days and the length of the stay.2
(n) Travel and immigration documents, including but not limited to passports3
and documents establishing immigration status.4
(2) The offender shall register with the sheriff and police chief in each of5
his/her residence(s) and with the sheriff of the parish in which the offender is6
employed and attends school and, for initial registration only, with the sheriff in the7
parish of the offender's conviction in accordance with R.S. 15:542. If the offender8
lives, works, or attends school in Orleans Parish, however, the offender shall register9
with the New Orleans Police Department and not with the sheriff of that parish.10
(3) If the offender is incarcerated as a result of the crime, the offender shall11
provide all information listed in Paragraph (1) of this Section to the Department of12
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within13
ten (10) days prior to release from confinement. The offender shall still appear in14
person at the sheriff's office within three (3) business days of release from15
confinement.16
(4) During the declaration of an emergency, any offender required to register17
who enters an emergency shelter shall, within the first twenty-four (24) hours of18
admittance, notify the management of the facility, the chief of police of the19
municipality, and the sheriff of the parish in which the shelter is located of his sex20
offender status in accordance with R.S. 15:543.2.21
(5) An offender required to register has a duty to provide notice of change of22
address or other registration information to the sheriff of the parish of residence23
within three business days. If the new or additional residence is located in a different24
parish, then offender must register with the sheriff of the parish in which the new or25
additional residence is located. The offender shall also send written notice within26
three business days of re-registering in the new parish to the sheriff of the parish of27
former registration in accordance with R.S. 15:542.1.2.28
(6) The offender shall give notice of the crime for which he was convicted,29 SB NO. 780
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his name, address, a physical description, and a photograph to the following in1
accordance with R.S. 15:542(B)(1):2
(a) At least one person in every residence or business within a one-mile3
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area4
of the address of the residence where the offender will reside upon release, including5
all adult residents of the residence of the offender.6
(b) The superintendent of the school district where the offender will reside.7
(c) The lessor, landlord, or owner of the residence or the property on which8
he resides.9
(d) The superintendent of the park, playground, and recreation districts within10
the designated area where the offender will reside only if the victim was under11
eighteen (18) years of age at the time of the commission of the offense.12
*Any person convicted of a violation of R.S. 14:89 shall not have to include13
a photograph in the notice described in Paragraph (b) of this Subsection.14
*Juveniles adjudicated for a crime requiring registration DO NOT have to15
provide this community notice.16
(7) In accordance with R.S. 15:542.1, community notification shall be given17
by mail within twenty-one days of the date of conviction, if the offender is not taken18
into custody at the time of conviction, and within twenty-one days of the date of19
release from confinement if sentenced to a term of imprisonment. This notification20
shall also occur within twenty-one days of each time the offender changes his21
residence within twenty-one days of establishing residency in the new locale. This22
notification shall also occur at least every five years, whether or not the offender23
changes residences. This notification shall occur in each jurisdiction in which the24
offender regularly resides.25
*Juveniles adjudicated for a crime requiring registration DO NOT have to26
provide this community notice.27
(8) In accordance with R.S. 15:542.1, community notice shall be published28
on two (2) separate days within this period in the official journal of the governing29 SB NO. 780
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authority of the parish where the offender plans to reside, unless ordered to be1
published in a different journal or newspaper by the sheriff or local ordinance.2
*Those convicted of R.S. 14:92(A)(7) or 89 are not required to publish notice3
in the newspaper or official journal as provided in Paragraph (8).4
*Juveniles who are adjudicated for a crime requiring registration DO NOT5
have to provide this community notice.6
(9) In accordance with R.S. 15:542.1(B), an offender who provides7
recreational instruction to persons under the age of seventeen (17) shall post a notice8
in the building or facility where such instruction is being given.9
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days10
prior to release from a correctional facility, provide a photograph and other relevant11
information noted above to the Department of Public Safety and Corrections and the12
office of juvenile justice for purposes of the State Sex Offender and Child Predator13
Registry.14
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of15
residence or establishes a new or additional residence, he shall appear in person at16
the office of the sheriff of his parish of residence where he is currently registered17
within three (3) business days of the change to register the new address. If the new18
address is located in a different parish, then the offender shall also appear in person19
at the office of the sheriff of his new parish of residence within the same time period.20
If the offender's parish of residence is in Orleans Parish, then the registration shall21
take place at the New Orleans Police Department and not with the Orleans Parish22
Sheriff.23
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his24
current address of registration for more than thirty (30) consecutive days or an25
aggregate of thirty (30) days or more in a calendar year, and is physically present at26
another address during that same period of time, the offender shall register in person27
the new address as one of his addresses of residence. If the new address is in a parish28
different from his current address, he shall also register in person with the sheriff of29 SB NO. 780
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the new parish within three (3) business days of the tolling of the time periods listed.1
This requirement notwithstanding, the offender shall still notify the sheriff of one of2
his parishes of residence in person if he is to take up temporary lodging for seven (7)3
or more days. It is only after the thirty-day limit is exceeded that the new registration4
shall occur.5
(13) The offender shall also appear in person at the office of the sheriff of any6
of his parishes of residence when there is a change in the offender's name, place of7
employment, or enrollment. This appearance shall occur within three (3) business8
days of the change. If the offender's address of residence is in Orleans Parish, this9
registration update shall take place at the New Orleans Police Department and not10
with the Orleans Parish Sheriff's Office.11
(14) The offender shall be prohibited from certain types of employment12
in accordance with R.S. 15:553 for the duration of the registration period. A13
copy of this statute is provided to you with this notification.14
(15) In accordance with R.S. 15:542(C), the offender shall update his15
registration annually on the anniversary of the initial registration by appearing in16
person at the office of each law enforcement agency with which he is required to17
register and shall pay an annual registration fee of sixty dollars ($60.00).18
(16) Failure to comply with any of these registration and notification19
requirements is a felony for which an offender shall be punished by a fine of up to20
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than21
two years nor more than ten years without benefit of parole, probation, or suspension22
of sentence. Upon a second or subsequent conviction, the offender shall be punished23
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor24
for not less than five years, nor more than twenty years without benefit of parole,25
probation, or suspension of sentence.26
(17) For those offenders who have been convicted of a sex offense as defined27
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time28
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from29 SB NO. 780
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residing or being present in certain locations. A copy of this statute is provided to1
you with this notification.2
THUS DONE AND SIGNED this ____ day of _____________, 20___ in3
open court, in_____________, Louisiana.4
______________________________5
Judge, ____ Judicial District Court6
I hereby certify that the above requirements have been explained to me, that7
I have received a copy of the above notice of sex offender registration and8
notification requirements, and a copy of the statutes providing for such requirements.9
I also understand that I will be subject to any changes made by the legislature to the10
registration laws from this day forward.11
____________________________12
(Name of Sex Offender)13
____________________________14
Defense Counsel Signature15
* * *16
§553. Prohibition of employment for certain sex offenders17
A. It shall be unlawful for any person who is required to maintain18
registration pursuant Chapter 3-B of Title 15 to operate any bus, taxicab, or19
limousine for hire.20
B. It shall be unlawful for any person who is required to maintain21
registration pursuant to Chapter 3-B of Title 15 to engage in employment as a22
service worker who goes into a residence to provide any type of service.23
C. It shall be unlawful for any person whose offense involved a minor24
child and who is required to maintain registration pursuant to Chapter 3-B of25
Title 15 to operate any carnival or amusement ride.26
D. For the purposes of this Section, the following terms and phrases27
shall have the meanings ascribed to them:28
(1) "Bus" means a motor vehicle with a seating capacity of six or more29 SB NO. 780
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persons, exclusive of the operator, which is used in the transportation of1
passengers for hire, excluding any vehicle leased without the provision of a2
driver.3
(2) "Carnival or amusement ride" means either of the following:4
(a) A device that is intended to give amusement, excitement, pleasure, or5
thrills to riders whom the device carries along or around a fixed or restricted6
course or within a defined area.7
(b) A structure that gives amusement, excitement, pleasure, or thrills to8
people who move around, over, or through the structure without the aid of a9
moving device integral to the structure.10
(3) "Taxicab" means all motor vehicles for hire, carrying six passengers11
or less, including the driver thereof, which are subject to call from a garage,12
office, taxistand, or otherwise.13
E. Any person who violates the provisions of this Section shall be fined14
not more than ten thousand dollars and imprisoned for not less than five years15
nor more than ten years at hard labor. Three years shall be served without the16
benefit of parole, probation, or suspension of sentence.17
F. The provisions of this Section shall only apply to offenses occurring18
on or after August 15, 2010.19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michael Bell.
DIGEST
Cheek (SB 780)
Present law requires the court to provide written notification to any person convicted of a
sex offense and a criminal offense against a victim who is a minor of the registration SB NO. 780
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requirements and the notification requirements as provided in present law.
Proposed law maintains present law and adds that the court shall notify the person convicted
of a sex offense and criminal offense against a victim who is a minor that certain types of
employment is prohibited for the duration of registration.
Present law provides for the duration of registration and notification period for sex offenders.
Present law provides that a person required to register pursuant to law who was convicted
of a sexual offense against a victim who is a minor shall register and maintain his
registration and provide community notification for a period of 25 years, or the duration of
the lifetime of the offender as provided by law, unless the conviction is reversed, set aside,
or vacated.
Proposed law prohibits certain sex offenders from maintaining certain types of employment.
Proposed law provides that it shall be unlawful for any person who is required to maintain
registration pursuant to law to operate any bus, taxicab, or limousine for hire. Further
prohibits any person who is required to maintain registration to engage in employment as
a service worker who goes into a residence to provide any type of service.
Proposed law provides that it will be unlawful for any person whose offense involved a
minor child and who is required to maintain registration pursuant to law to operate any
carnival or amusement ride.
Proposed law provides for definitions.
Proposed law provides for penalties if a sex offender who is required to register pursuant to
law engages in certain types of employment; proposed law further provides that the
provisions of this law will only apply to offenses occurring on or after August 15, 2010.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:543.1; adds R.S. 15:553)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Prohibits any person whose offense involved a minor child and who is
required to maintain registration pursuant to law to operate any carnival or
amusement ride.
2. Deletes the proposed duration of registration and notification period.
3. Provides for application of certain offenses occurring on or after 8/15/10.