HLS 11RS-50 ORIGINAL
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are additions.
Regular Session, 2011
HOUSE BILL NO. 9
BY REPRESENTATIVE HENRY BURNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/SEX OFFENSES: Amends provisions relative to sex offender residency and
presence restrictions
AN ACT 1
To amend and reenact R.S. 14:91.1(A)(2), 91.2(A)(1), (2), (3), and (4) and (B)(1) and (2),2
and R.S. 15:538(D)(1)(a), (b), and (c), (5)(introductory paragraph), and (6)(a), (b),3
and (c), relative to sex offenders and sexually violent predators; to amend provisions4
relative to the crime of unlawful presence of sex offenders and sexually violent5
predators; to expand the residency and presence restrictions of sex offenders and6
sexually violent predators; to amend conditions of probation and parole for sex7
offenders with regard to residency and presence restrictions; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 14:91.1(A)(2), 91.2(A)(1), (2), (3), and (4) and (B)(1) and (2) are11
hereby amended and reenacted to read as follows: 12
§91.1. Unlawful presence of a sexually violent predator13
A. Unlawful presence of a sexually violent predator is:14
* * *15
(2) The physical residing of a sexually violent predator within one two16
thousand feet of any public or private elementary or secondary school, a day care17
center, group home, residential home, or child care facility as defined in R.S.18
46:1403, a family child day care home as defined in R.S. 46:1441.1, playground,19 HLS 11RS-50 ORIGINAL
HB NO. 9
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public or private youth center, public swimming pool, or free standing video arcade1
facility.2
* * *3
§91.2. Unlawful presence of a sex offender4
A. The following acts when committed by a person convicted of a sex5
offense as defined in R.S. 15:541 when the victim is under the age of thirteen years6
shall constitute the crime of unlawful residence or presence of a sex offender:7
(1) The physical presence of the offender in, on, or within one two thousand8
feet of the school property of any public or private elementary or secondary school9
or the physical presence in any motor vehicle or other means of conveyance owned,10
leased, or contracted by such school to transport students to or from school or a11
school-related activity when persons under the age of eighteen years are present on12
the school property or in a school vehicle.13
(2) The offender establishing a residence within one two thousand feet of14
any public or private elementary or secondary school.15
(3) The physical presence of the offender in, on, or within one two thousand16
feet of a public park or recreational facility.17
(4) The offender establishing a residence within one two thousand feet of18
any public park or recreational facility.19
B. The following acts, when committed by a person convicted of an20
aggravated offense as defined in R.S. 15:541(2) when the victim is under the age of21
thirteen years, shall constitute the crime of unlawful residence or presence of a sex22
offender:23
(1) The physical presence of the offender in, on, or within one two thousand24
feet of a day care center, group home, residential home, or child care facility as25
defined in R.S. 46:1403, or a family child day care home as defined in R.S.26
46:1441.1.27
(2) The establishment of a residence within one two thousand feet of any day28
care center, group home, residential home, or child care facility as defined in R.S.29 HLS 11RS-50 ORIGINAL
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46:1403, a family child day care home as defined in R.S. 46:1441.1, playground,1
public or private youth center, public swimming pool, or free standing video arcade2
facility.3
* * *4
Section 2. R.S. 15:538(D)(1)(a), (b), and (c), (5)(introductory paragraph), and (6)(a),5
(b), and (c) are hereby amended and reenacted to read as follows:6
§538. Conditions of probation, parole, and suspension or diminution of sentence7
* * *8
D.(1) No sexual offender, whose offense involved a minor child, shall be9
eligible for probation, parole, or suspension of sentence unless, as a condition10
thereof, the sexual offender is prohibited from:11
(a) Going in, on, or within one two thousand feet of the school property of12
any public or private elementary or secondary school, or the physical presence in any13
motor vehicle or other means of conveyance owned, leased, or contracted by such14
school to transport students to or from school or a school-related activity when15
persons under the age of eighteen years are present on the school property or in a16
school vehicle.17
(b) Going in, on, or within one two thousand feet of a day care center, group18
home, residential home, or child care facility as defined in R.S. 46:1403, a family19
child day care home as defined in R.S. 46:1441.1, playground, public or private20
youth center, public swimming pool, or free-standing video arcade facility.21
(c) Physically residing within one two thousand feet of any public or private22
elementary or secondary school, day care center, group home, residential home, or23
child care facility as defined in R.S. 46:1403, a family child day care home as24
defined in R.S. 46:1441.1, playground, public or private youth center, public25
swimming pool, or free-standing video arcade facility.26
* * *27 HLS 11RS-50 ORIGINAL
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are additions.
(5) Notwithstanding the provisions of this Subsection, a requirement that a1
defendant not go in, on, or within one two thousand feet of certain premises does not2
apply to a defendant while the defendant is in or going immediately to or from a:3
* * *4
(6) Any sexual offender, whose offense involved a minor child, and who was5
placed on probation or was paroled prior to August 15, 2004, and is on probation or6
parole as of August 15, 2005, shall have the following prohibitions added as7
conditions of probation and parole pursuant to Code of Criminal Procedure Articles8
895 and 896 or R.S. 15:574.4 and 574.7:9
(a) Going in, on, or within one two thousand feet of the school property of10
any public or private elementary or secondary school, or the physical presence in any11
motor vehicle or other means of conveyance owned, leased, or contracted by such12
school to transport students to or from school or a school-related activity when13
persons under the age of eighteen years are present on the school property or in a14
school vehicle.15
(b) Going in, on, or within one two thousand feet of a day care center, group16
home, residential home, or child care facility as defined in R.S. 46:1403, a family17
child day care home as defined in R.S. 46:1441.1, playground, public or private18
youth center, public swimming pool, or free-standing video arcade facility.19
(c) Physically residing within one two thousand feet of any public or private20
elementary or secondary school, day care center, group home, residential home, or21
child care facility as defined in R.S. 46:1403, a family child day care home as22
defined in R.S. 46:1441.1, playground, public or private youth center, public23
swimming pool, or free-standing video arcade facility.24
* * *25 HLS 11RS-50 ORIGINAL
HB NO. 9
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry Burns HB No. 9
Abstract: Expands residency and presence restrictions of a sex offender from 1,000 feet to
2,000 feet.
Present law prohibits a sexually violent predator from residing within 1,000 feet of any
public or private elementary or secondary school, a day care center, group home, residential
home, or child care facility, a family child day care home, playground, public or private
youth center, public swimming pool, or free standing video arcade facility.
Present law prohibits sex offenders from the following when the victim of the offense was
under the age of 13:
(1)Being physically present in, on, or within 1,000 feet of the school property of any
public or private elementary or secondary school or the physical presence in any
motor vehicle or other means of conveyance owned, leased, or contracted by such
school to transport students to or from school or a school-related activity when
persons under the age of 18 are present on the school property or in a school vehicle.
(2)Establishing a residence within 1,000 feet of any public or private elementary or
secondary school.
(3)Being physically present in, on, or within 1,000 feet of a public park or recreational
facility.
(4)Establishing a residence within 1,000 feet of any public park or recreational facility.
Present law prohibits sex offenders convicted of an aggravated offense from the following
when the victim is under the age of 13:
(1)Being physically present in, on, or within 1,000 feet of a day care center, group
home, residential home, child care facility, or a family child day care home.
(2)Establishing a residence within 1,000 feet of any day care center, group home,
residential home, child care facility, a family child day care home, playground,
public or private youth center, public swimming pool, or free standing video arcade
facility.
Present law provides that no sex offender, whose offense involved a minor child, shall be
eligible for probation, parole, or suspension of sentence unless as a condition thereof, the sex
offender is prohibited from the following:
(1)Going in, on, or within 1,000 feet of the school property of any public or private
elementary or secondary school, or the physical presence in any motor vehicle or
other means of conveyance owned, leased, or contracted by such school to transport
students to or from school or a school-related activity when persons under the age
of 18 are present on the school property or in a school vehicle.
(2)Going in, on, or within 1,000 feet of a day care center, group home, residential home,
or child care facility, a family child day care home, playground, public or private
youth center, public swimming pool, or free standing video arcade facility. HLS 11RS-50 ORIGINAL
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(3)Physically residing within 1,000 feet of any public or private elementary or
secondary school, day care center, group home, residential home, or child care
facility, a family child day care home, playground, public or private youth center,
public swimming pool, or free standing video arcade facility.
Proposed law amends present law extending the distance in which a sex offender or sexually
violent predator is prohibited from being present or establishing a residence from 1,000 feet
to 2,000 feet.
(Amends R.S. 14:91.1(A)(2), 91.2(A)(1), (2), (3), and (4) and (B)(1) and (2), and R.S.
15:538(D)(1)(a), (b), and (c), (5)(intro. para.), and (6)(a), (b), and (c))