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Regular Session, 2010 ENROLLED
SENATE BILL NO. 780
BY SENATORS CHEEK, ADLEY, ALARIO, APPEL, BROOME, CHABERT, CLAITOR,
DONAHUE, DORSEY, DUPLESSIS, ERDEY, N. GAUTREAUX,
KOSTELKA, LAFLEUR, LONG, MARIONNEAUX, MARTINY,
MORRELL, MOUNT, NEVERS, RI SER, SHAW, SMI TH,
THOMPSON AND WALSWORTH AND REPRESENTATI VES
BURFORD, ANDERS, ARMES, ARNOLD, AUSTIN BADON,
BALDONE, BARRAS, BARROW, HENRY BURNS, TIM BURNS,
CARMODY, CARTER, CHAMPAGNE, CHANDL ER, CHANEY,
CONNICK, CORTEZ, DANAHAY, DIXON, DOVE, DOWNS,
FANNIN, FOIL, GEYMANN, GISCLAIR, GUILLORY, HARDY,
HAZEL, HENDERSON, HENRY, HILL, HINES, HOFFMANN,
HONORE, HOWARD, HUTTER, MICHAEL JACKSON, JOHNSON,
KATZ, KLECKLEY, LABRUZZO, LAMBERT, LANDRY, LEBAS,
LEGER, LITTLE, LORUSSO, MCVEA, MONI CA, MORENO,
MORRIS, NORTON, PEARSON, PERRY, POPE, RICHARD,
RICHARDSON, ROBIDEAUX, ROY, SIMON, GARY SMITH, JANE
SMITH, PATRICIA SMITH, TALBOT, TEMPLET, THIERRY,
WHITE, WILLIAMS AND WOOTON
AN ACT1
To amend and reenact R.S. 15:529.1(A) and 543.1 and to enact R.S. 15:553, relative to sex2
offenders; to provide for penalties for multiple sex offenses; to provide with respect3
to the habitual offender law; to prohibit certain types of employment of sex4
offenders; to provide for penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. This Act shall be known as the "Justin M. Bloxom Act" in honor of Justin7
M. Bloxom, a resident of Stonewall, Louisiana, who was murdered on March 30, 2010.8
Section 2. R.S. 15:529.1(A) and 543.1 are hereby amended and reenacted and R.S.9
15:553 is hereby enacted to read as follows:10
§529.1. Sentences for second and subsequent offenses; certificate of warden or11
clerk of court in the state of Louisiana as evidence12
A.(1) Any person who, after having been convicted within this state of a13
felony or adjudicated a delinquent under Title VIII of the Louisiana Children's Code14
for the commission of a felony-grade violation of either the Louisiana Controlled15
Dangerous Substances Law involving the manufacture, distribution, or possession16
with intent to distribute a controlled dangerous substance or a crime of violence as17
ACT No. 973 SB NO. 780 ENROLLED
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listed in Paragraph (2) of this Subsection, or who, after having been convicted under1
the laws of any other state or of the United States, or any foreign government of a2
crime which, if committed in this state would be a felony, thereafter commits any3
subsequent felony within this state, upon conviction of said felony, shall be punished4
as follows:5
(a)(1) If the second felony is such that upon a first conviction the offender6
would be punishable by imprisonment for any term less than his natural life, then the7
sentence to imprisonment shall be for a determinate term not less than one-half the8
longest term and not more than twice the longest term prescribed for a first9
conviction;.10
(2)(a) If the second felony and the prior felony are sex offenses as11
defined in R.S. 15:541, or the prior felony would be a sex offense as defined in12
R.S. 15:541, except it occurred prior to June 18, 1992, or the conviction was13
obtained under the laws of any other state, the United States, or any foreign14
government, the person shall be sentenced to imprisonment at hard labor for15
a determinate term not less than two-thirds of the longest possible sentence for16
the conviction and not more than three times the longest possible sentence17
prescribed for a first conviction, without benefit of probation, parole, or18
suspension of sentence.19
(b) If the second felony and the prior felony are sex offenses as defined20
in R.S. 15:541, or the prior felony would be a sex offense as defined in R.S.21
15:541, except it occurred prior to June 18, 1992, or the conviction was obtained22
under the laws of any other state, the United States, or any foreign government,23
and the victims of the previous offense and the instant offense were under the24
age of thirteen years at the time of the commission of the offense or any part25
thereof, the person shall be imprisoned for the remainder of his natural life,26
without benefit of parole, probation, or suspension of sentence.27
(b)(3) If the third felony is such that upon a first conviction, the offender28
would be punishable by imprisonment for any term less than his natural life then:29
(i)(a) The person shall be sentenced to imprisonment for a determinate term30 SB NO. 780 ENROLLED
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not less than two-thirds of the longest possible sentence for the conviction and not1
more than twice the longest possible sentence prescribed for a first conviction; or2
(ii)(b) If the third felony and the two prior felonies are felonies defined as3
a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et4
seq. when the victim is under the age of eighteen at the time of commission of the5
offense, or as a violation of the Uniform Controlled Dangerous Substances Law6
punishable by imprisonment for ten years or more, or any other crimes punishable7
by imprisonment for twelve years or more, or any combination of such crimes, the8
person shall be imprisoned for the remainder of his natural life, without benefit of9
parole, probation, or suspension of sentence.10
(c)(4) If the fourth or subsequent felony is such that, upon a first conviction11
the offender would be punishable by imprisonment for any term less than his natural12
life then:13
(i)(a) The person shall be sentenced to imprisonment for the fourth or14
subsequent felony for a determinate term not less than the longest prescribed for a15
first conviction but in no event less than twenty years and not more than his natural16
life; or17
(ii)(b) If the fourth felony and two of the prior felonies are felonies defined18
as a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:54019
et seq. when the victim is under the age of eighteen at the time of commission of the20
offense, or as a violation of the Uniform Controlled Dangerous Substances Law21
punishable by imprisonment for ten years or more, or of any other crime punishable22
by imprisonment for twelve years or more, or any combination of such crimes, the23
person shall be imprisoned for the remainder of his natural life, without benefit of24
parole, probation, or suspension of sentence.25
(2)(a) Attempted first degree murder.26
(b) Attempted second degree murder.27
(c) Manslaughter.28
(d) Armed robbery.29
(e) Forcible rape.30 SB NO. 780 ENROLLED
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(f) Simple rape.1
(g) Second degree kidnapping.2
(h) A second or subsequent aggravated battery.3
(i) A second or subsequent aggravated burglary.4
(j) A second or subsequent offense of burglary of an inhabited dwelling.5
* * *6
§543.1. Written notification by the courts; form to be used7
STATE V. ____________________ JUDICIAL DISTRICT COURT8
DOCKET # __________ PARISH OF ___________________9
DIVISION ______ STATE OF LOUISIANA10
Notification to Sex Offender11
In accordance with R.S. 15:543, this court has the duty to provide12
_______________________ (name of offender) with the information necessary for13
awareness of sex offender and child predator registration requirements.14
_______________________ has pled guilty to or been found guilty of a violation of15
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana16
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED17
that ___________________ must register for the period of ___________ from the18
date of his release from prison, being placed on parole, supervised release or19
probation, or from the date of his conviction, if the offender is not sentenced to a20
term of imprisonment or jail. Additionally, since _________________ (hereinafter21
referred to as offender) has been convicted of:22
( ) An aggravated offense as defined in R.S. 15:541, the offender must23
update his/her registration, in person, every 90 ninety days from the date of initial24
registration, with the appropriate law enforcement agencies as provided in R.S.25
15:542.26
( ) A sexual offense involving a victim who is a minor as defined in R.S.27
15:541, the offender must update his/her registration, in person, every six months28
from the date of initial registration, with the appropriate law enforcement agencies29
as provided in R.S. 15:542.30 SB NO. 780 ENROLLED
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( ) An offense not defined in R.S. 15:541, as an aggravated offense or a1
sexual offense involving a victim who is a minor, the offender must update his/her2
registration, in person, annually from the date of initial registration, with the3
appropriate law enforcement agencies as provided in R.S. 15:542.4
Based on the foregoing you are hereby notified of the following:5
(1) The offender, within three (3) business days of establishing residence in6
Louisiana or if a current resident, within three (3) business days after conviction or7
adjudication if not immediately incarcerated or taken into custody, or within three8
(3) business days after release from confinement, shall obtain and provide the9
following information to each sheriff or police department in accordance with R.S.10
15:542(B) (except in Orleans Parish where registration shall take place with the New11
Orleans Police Department):12
(a) Name and any aliases used by the offender.13
(b) Physical address or addresses of residence.14
(c) Name and physical address of place of employment. If the offender does15
not have a fixed place of employment, the offender shall provide information with16
as much specificity as possible regarding the places where he works, including but17
not limited to travel routes used by the offender.18
(d) Name and physical address of the school in which he is a student.19
(e) Two forms of proof of residence for each residential address provided,20
including but not limited to a driver's license, bill for utility service, and bill for21
telephone service. If those forms of proof of residence are not available, the offender22
may provide an affidavit of an adult resident living at the same address. The affidavit23
shall certify that the affiant understands his obligation to provide written notice24
pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with whom25
the offender last registered when the offender no longer resides at the residence26
provided in the affidavit.27
(f) The crime for which he was convicted and the date and place of such28
conviction, and if known by the offender, the court in which the conviction was29
obtained, the docket number of the case, the specific statute under which he was30 SB NO. 780 ENROLLED
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convicted, and the sentence imposed.1
(g) A current photograph, fingerprints, palm prints, and a DNA sample.2
(h) Telephone numbers, including fixed location phone and mobile phone3
numbers assigned to the offender or associated with any residence address of the4
offender.5
(i) A description of every vehicle registered to or operated by the offender,6
including license plate number and a copy of the offender's driver's license or7
identification card.8
(j) Social security number and date of birth.9
(k) A description of the physical characteristics of the offender, including but10
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or11
other identifying marks on the body of the offender.12
(l) Every e-mail address, online screen name or other online identity used by13
the offender to communicate on the Internet.14
(m) Temporary lodging information regarding any place where the offender15
plans to stay for seven or more days and the length of the stay.16
(n) Travel and immigration documents, including but not limited to passports17
and documents establishing immigration status.18
(2) The offender shall register with the sheriff and police chief in each of19
his/her residence(s) and with the sheriff of the parish in which the offender is20
employed and attends school and, for initial registration only, with the sheriff in the21
parish of the offender's conviction in accordance with R.S. 15:542. If the offender22
lives, works, or attends school in Orleans Parish, however, the offender shall register23
with the New Orleans Police Department and not with the sheriff of that parish.24
(3) If the offender is incarcerated as a result of the crime, the offender shall25
provide all information listed in Paragraph (1) of this Section to the Department of26
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within27
ten (10) days prior to release from confinement. The offender shall still appear in28
person at the sheriff's office within three (3) business days of release from29
confinement.30 SB NO. 780 ENROLLED
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(4) During the declaration of an emergency, any offender required to register1
who enters an emergency shelter shall, within the first twenty-four (24) hours of2
admittance, notify the management of the facility, the chief of police of the3
municipality, and the sheriff of the parish in which the shelter is located of his sex4
offender status in accordance with R.S. 15:543.2.5
(5) An offender required to register has a duty to provide notice of change of6
address or other registration information to the sheriff of the parish of residence7
within three business days. If the new or additional residence is located in a different8
parish, then offender must register with the sheriff of the parish in which the new or9
additional residence is located. The offender shall also send written notice within10
three business days of re-registering in the new parish to the sheriff of the parish of11
former registration in accordance with R.S. 15:542.1.2.12
(6) The offender shall give notice of the crime for which he was convicted,13
his name, address, a physical description, and a photograph to the following in14
accordance with R.S. 15:542(B)(1):15
(a) At least one person in every residence or business within a one-mile16
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area17
of the address of the residence where the offender will reside upon release, including18
all adult residents of the residence of the offender.19
(b) The superintendent of the school district where the offender will reside.20
(c) The lessor, landlord, or owner of the residence or the property on which21
he resides.22
(d) The superintendent of the park, playground, and recreation districts within23
the designated area where the offender will reside only if the victim was under24
eighteen (18) years of age at the time of the commission of the offense.25
*Any person convicted of a violation of R.S. 14:89 shall not have to include26
a photograph in the notice described in Paragraph (b) of this Subsection.27
*Juveniles adjudicated for a crime requiring registration DO NOT have to28
provide this community notice.29
(7) In accordance with R.S. 15:542.1, community notification shall be given30 SB NO. 780 ENROLLED
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by mail within twenty-one days of the date of conviction, if the offender is not taken1
into custody at the time of conviction, and within twenty-one days of the date of2
release from confinement if sentenced to a term of imprisonment. This notification3
shall also occur within twenty-one days of each time the offender changes his4
residence within twenty-one days of establishing residency in the new locale. This5
notification shall also occur at least every five years, whether or not the offender6
changes residences. This notification shall occur in each jurisdiction in which the7
offender regularly resides.8
*Juveniles adjudicated for a crime requiring registration DO NOT have to9
provide this community notice.10
(8) In accordance with R.S. 15:542.1, community notice shall be published11
on two (2) separate days within this period in the official journal of the governing12
authority of the parish where the offender plans to reside, unless ordered to be13
published in a different journal or newspaper by the sheriff or local ordinance.14
*Those convicted of R.S. 14:92(9)(7) R.S. 14:89 or 92(A)(7) are not required15
to publish notice in the newspaper or official journal as provided in Paragraph (8).16
*Juveniles who are adjudicated for a crime requiring registration DO NOT17
have to provide this community notice.18
(9) In accordance with R.S. 15:542.1(B), an offender who provides19
recreational instruction to persons under the age of seventeen (17) shall post a notice20
in the building or facility where such instruction is being given.21
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days22
prior to release from a correctional facility, provide a photograph and other relevant23
information noted above to the Department of Public Safety and Corrections and the24
office of juvenile justice for purposes of the State Sex Offender and Child Predator25
Registry.26
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of27
residence or establishes a new or additional residence, he shall appear in person at28
the office of the sheriff of his parish of residence where he is currently registered29
within three (3) business days of the change to register the new address. If the new30 SB NO. 780 ENROLLED
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address is located in a different parish, then the offender shall also appear in person1
at the office of the sheriff of his new parish of residence within the same time period.2
If the offender's parish of residence is in Orleans Parish, then the registration shall3
take place at the New Orleans Police Department and not with the Orleans Parish4
Sheriff.5
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his6
current address of registration for more than thirty (30) consecutive days or an7
aggregate of thirty (30) days or more in a calendar year, and is physically present at8
another address during that same period of time, the offender shall register in person9
the new address as one of his addresses of residence. If the new address is in a parish10
different from his current address, he shall also register in person with the sheriff of11
the new parish within three (3) business days of the tolling of the time periods listed.12
This requirement notwithstanding, the offender shall still notify the sheriff of one of13
his parishes of residence in person if he is to take up temporary lodging for seven (7)14
or more days. It is only after the thirty-day limit is exceeded that the new registration15
shall occur.16
(13) The offender shall also appear in person at the office of the sheriff of any17
of his parishes of residence when there is a change in the offender's name, place of18
employme nt, or enrollment. This appearance shall occur within three (3) business19
days of the change. If the offender's address of residence is in Orleans Parish, this20
registration update shall take place at the New Orleans Police Department and not21
with the Orleans Parish Sheriff's Office.22
(14) The offender shall be prohibited from certain types of employment23
in accordance with R.S. 15:553 for the duration of the registration period. A24
copy of this statute is provided to you with this notification.25
(15) In accordance with R.S. 15:542(C), the offender shall update his26
registration annually on the anniversary of the initial registration by appearing in27
person at the office of each law enforcement agency with which he is required to28
register and shall pay an annual registration fee of sixty dollars ($60.00).29
(16) Failure to comply with any of these registration and notification30 SB NO. 780 ENROLLED
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requirements is a felony for which an offender shall be punished by a fine of up to1
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than2
two years nor more than ten years without benefit of parole, probation, or suspension3
of sentence. Upon a second or subsequent conviction, the offender shall be punished4
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor5
for not less than five years, nor more than twenty years without benefit of parole,6
probation, or suspension of sentence.7
(17) For those offenders who have been convicted of a sex offense as defined8
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time9
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from10
residing or being present in certain locations. A copy of this statute is provided to11
you with this notification.12
THUS DONE AND SIGNED this ____ day of _____________, 20___ in13
open court, in_____________, Louisiana.14
______________________________15
Judge, ____ Judicial District Court16
I hereby certify that the above requirements have been explained to me, that17
I have received a copy of the above notice of sex offender registration and18
notification requirements, and a copy of the statutes providing for such requirements.19
I also understand that I will be subject to any changes made by the legislature to the20
registration laws from this day forward.21
____________________________22
(Name of Sex Offender)23
____________________________24
Defense Counsel Signature25
* * *26
§553. Prohibition of employment for certain sex offenders27
A. It shall be unlawful for any person who is required to maintain28
registration pursuant to Chapter 3-B of Title 15 to operate any bus, taxicab, or29
limousine for hire.30 SB NO. 780 ENROLLED
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B. It shall be unlawful for any person who is required to maintain1
registration pursuant to Chapter 3-B of Title 15 to engage in employment as a2
service worker who goes into a residence to provide any type of service.3
C. It shall be unlawful for any person whose offense involved a minor4
child and who is required to maintain registration pursuant to Chapter 3-B of5
Title 15 to operate any carnival or amusement ride.6
D. For the purposes of this Section, the following terms and phrases7
shall have the meanings ascribed to them:8
(1) "Bus" means a motor vehicle with a seating capacity of six or more9
persons, exclusive of the operator, which is used in the transportation of10
passengers for hire, excluding any vehicle leased without the provision of a11
driver.12
(2) "Carnival or amusement ride" means either of the following:13
(a) A device that is intended to give amusement, excitement, pleasure, or14
thrills to riders whom the device carries along or around a fixed or restricted15
course or within a defined area.16
(b) A structure that gives amusement, excitement, pleasure, or thrills to17
people who move around, over, or through the structure without the aid of a18
moving device integral to the structure.19
(3) "Taxicab" means all motor vehicles for hire, carrying six passengers20
or less, including the driver thereof, which are subject to call from a garage,21
office, taxi stand, or otherwise.22
E. Any person who violates the provisions of this Section shall be fined23
not more than ten thousand dollars and imprisoned for not less than five years24
nor more than ten years at hard labor. Three years shall be served without the25
benefit of parole, probation, or suspension of sentence.26
F. The provisions of this Section shall apply only to a person ordered by27
the court to register as a sex offender on or after August 15, 2010.28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 780 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: