Louisiana 2011 2011 Regular Session

Louisiana Senate Bill SB185 Introduced / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 185
BY SENATOR CROWE 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSES. Requires the Louisiana Bureau of Criminal Identification and
Information and Internet service providers to create data bases of certain information
regarding registered sex offenders. (8/15/11)
AN ACT1
To enact R.S. 15:541(17.1) and (17.2), 542.1.5(H) and 542.1.8, relative to registered sex2
offenders; to require the Louisiana Bureau of Criminal Identification and3
Information to create a data base of certain information related to registered sex4
offenders; to require Internet service providers to perform certain duties related to5
registered sex offenders; to provide for definitions; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:541(17.1) and (17.2), 542.1.5(H) and 542.1.8 are hereby enacted9
to read as follows: 10
§541. Definitions11
For the purposes of this Chapter, the definitions of terms in this Section shall12
apply:13
*          *          *14
(17.1) "Internet protocol address" means a unique, numerical label that15
is assigned to a device participating in a computer network that uses the16
Internet.17 SB NO. 185
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(17.2)  "Internet service provider" means the operator of the global1
information system that is logically linked together by a globally unique address2
space based on the Internet protocol or its subsequent extensions, is able to3
support communications using the transmission control protocol/Internet4
protocol suite or its subsequent extensions, and other Internet protocol5
compatible protocols, and provides, uses or makes accessible, either publicly or6
privately, high level services layered on the communications and related7
infrastructure.8
*          *          *9
§542.1.5. State Sex Offender and Child Predator Registry; duties of the Louisiana10
Bureau of Criminal Identification and Information11
*          *          *12
H.  The bureau shall create and maintain a searchable data base13
consisting of the names of registered sex offenders and the corresponding14
address or addresses of each registered sex offender and shall provide access of15
the data base to all Internet service providers who are doing business in the16
state.17
*          *          *18
§545.1.8. Duty of Internet service provider19
 A. Every Internet service provider doing business in the state shall do20
all of the following:21
(1)  Access and collect the information contained in R.S. 15:542.1.5(H)22
and create a searchable data base consisting of the name and address or23
addresses of each registered sex offender and the Internet protocol address24
which corresponds to each address.25
(2) Store the information contained in the data base in Paragraph (1) of26
Subsection (A) for the purposes of providing the information in the data base27
to law enforcement in the event that a court order or other legal process is28
issued to obtain the information collected.29 SB NO. 185
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(3) Create a report of the information contained in Paragraph (1) of1
Subsection (A) and make the report exportable so that it can be accessed by the2
Department of Public Safety and Corrections and the office of juvenile justice.3
B. Nothing in the Section shall be construed to require the Internet4
service provider to monitor the websites accessed by the Internet protocol5
address or addresses assigned to the registered sex offender.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law requires the registration of certain sex offenders and child predators.  The
Louisiana Bureau of Criminal Identification and Information operates the State Sex Offender
and Child Predator Registry and requires a sex offender to disclose certain information,
including the offender's address and e-mail address.
Proposed law retains present law but requires the bureau to create and maintain a searchable
data base consisting of the names of registered sex offenders and the corresponding address
or addresses of each registered sex offender.
Proposed law provides that the bureau shall provide access of the data base to all Internet
service providers who are doing business in the state.
Proposed law provides that every Internet service provider doing business in the state shall
do all of the following:
(1)Access and collect the information from the bureau regarding the name and address
or addresses of each sex offenders from the bureau and create a searchable data base
consisting of the name and address or addresses of each registered sex offender and
the Internet protocol address which corresponds to each address.
(2)Store the information contained in the searchable data base for the purposes of
providing the information in the data base to law enforcement in the event that a
court order or other legal process is issued to obtain the information collected.
(3)Create a report of the information contained in the searchable data base and make the
report exportable so that it can be accessed by the Department of Public Safety and
Corrections and the office of juvenile justice.
Proposed law defines "Internet protocol address" as a unique, numerical label that is
assigned to a device participating in a computer network that uses the Internet.
Proposed law defines "Internet service provider" as the operator of the global information
system that is logically linked together by a globally unique address space based on the
Internet protocol or its subsequent extensions, is able to support communications using the
transmission control protocol/Internet protocol suite or its subsequent extensions, and other
Internet protocol compatible protocols, and provides, uses or makes accessible, either
publicly or privately, high level services layered on the communications and related
infrastructure. SB NO. 185
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words in boldface type and underscored are additions.
Effective August 15, 2011.
(Adds R.S. 15:541(17.1) and (17.2), 542.1.5(H) and 542.1.8)