SLS 11RS-30 ORIGINAL Page 1 of 4 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 SLS 11RS-30 ORIGINAL Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (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 SLS 11RS-30 ORIGINAL Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (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 SLS 11RS-30 ORIGINAL Page 4 of 4 Coding: Words which are struck through are deletions from existing law; 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)