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Regular Session, 2011
SENATE BILL NO. 232
BY SENATOR CHEEK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSES. Provides for registry and notification by sex offenders and a sexual
assault task force. (gov sig)
AN ACT1
To amend and reenact R.S. 15:544 (D)(1), (2), (3)(e), (4)(a) and (b) and to enact Chapter 3-2
C of Title 15 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.3
15:555 and 556, relative to sex offenses; to provide for notification and registration4
of offenders; to create a sexual assault task force and provide for the membership,5
and powers, duties, and functions of the task force; to provide for a termination date6
of the task force; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:544 (D)(1), (2), (3)(e), (4)(a) and (b) are hereby amended and9
reenacted and Chapter 3-C of Title 15 of the Louisiana Revised Statutes of 1950, to be10
comprised of R.S. 15:555 and 556 is hereby enacted to read as follows:11
§544. Duration of registration and notification period12
* * *13
D.(1) The registration period of fifteen years established in Subsection A of14
this Section may be reduced to a period of ten years if the offender maintains a clean15
record for the entire ten-year period of registration upon petition to be relieved of the16
sex offender registration to the court of conviction for those convicted in Louisiana,17 SB NO. 232
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or the court of the parish of residence for those convicted under the laws of another1
state, or military, territorial, foreign, tribal, or federal law which have been2
determined to be comparable to a Louisiana offense requiring a fifteen-year3
registration period by the bureau pursuant to the provisions of R.S. 15:542.1.3. The4
petition shall be accompanied by a certification from the office of state police5
of the offender's history of registration in Louisiana.6
(2) The lifetime registration period established in Paragraph (B)(2) of this7
Section may be reduced to a period of twenty-five years if the offender was8
adjudicated delinquent for the offense which requires registration and maintains a9
clean record for twenty-five years upon petition to be relieved of the sex offender10
registration to the court of adjudication for those adjudicated in Louisiana, or court11
of the parish of residence for those adjudicated under the laws of another state, or12
military, territorial, foreign, tribal, or federal law. The petition shall be13
accompanied by a certification from the office of state police of the offender's14
history of registration in Louisiana.15
(3) For purposes of this Subsection, an offender maintains a "clean record"16
by:17
* * *18
(e) Complying with all sex offender registration and notification requirements19
in Louisiana for the prescribed period of time pursuant to the provisions of this20
Chapter.21
(4) The following procedures shall apply to the provisions of Paragraphs (1)22
and (2) of this Subsection:23
(a) The district attorney shall be served with a copy of the petition and the24
Louisiana Department of Public Safety and Corrections, office of state police25
and the Department of Justice shall be given notice of the filing with a copy of26
the pleading.27
(b) The court shall order a contradictory hearing to determine whether the28
offender is entitled to be relieved of the registration and notification requirements29 SB NO. 232
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pursuant to the provisions of Paragraphs (1) and (2) of this Subsection. The1
Louisiana Department of Public Safety and Corrections, office of state police2
and the Department of Justice shall be given notice of the hearing date.3
* * *4
CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT TASK FORCE5
§555. Sexual Assault Task Force; creation; membership; meetings6
A. The Louisiana Sexual Assault Task Force is hereby created within the7
Department of Justice, office of the attorney general. The task force shall consist8
of twenty-five members as follows:9
(1) The executive director of the Louisiana District Attorneys10
Association or his designee.11
(2) The executive director of the Louisiana Foundation Against Sexual12
Assault or her designee.13
(3) The Sexual Assault Nurse Examiner/Sexual Assault Response Team14
(SANE/SART) program coordinator of the Louisiana Foundation Against15
Sexual Assault or her designee.16
(4) The executive director of the Louisiana Sheriffs Association, or his17
designee.18
(5) The executive director of the Louisiana Association of Chiefs of19
Police, or his designee.20
(6) The president of the Louisiana District Judges Association, or his21
designee.22
(7) The executive director of the Louisiana Commission on Law23
Enforcement and the Administration of Criminal Justice, or his designee.24
(8) The president of the Louisiana Coroners Association, or his designee.25
(9) The director of the Louisiana State Police Crime Laboratory, or his26
designee.27
(10) The president of the Louisiana Association of Forensic Scientists,28
or his designee.29 SB NO. 232
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(11) The president of the Louisiana Hospitals Association, or her1
designee.2
(12) The secretary of the Department of Health and Hospitals, or his3
designee.4
(13) The executive director of the Louisiana State Board of Nursing, or5
his designee.6
(14) The executive director of the Louisiana CASA Association, or his7
designee.8
(15) The president of the Louisiana Children's Advocacy Center, or his9
designee.10
(16) The secretary of the Department of Children and Family Services,11
or his designee.12
(17) The deputy secretary of programs of the Department of Children13
and Family Services, or his designee.14
(18) The medical director of the Child At Risk Evaluation Center at15
Children's Hospital of New Orleans, or his designee.16
(19) The attorney general, or his designee.17
(20) A member of the Association of Criminal Defense Lawyers selected18
by its chief executive officer, or his designee.19
(21) The superintendent of state police, or his designee.20
(22) The director of the Louisiana Coalition Against Domestic Violence,21
or his designee.22
(23) The president of the Louisiana Juvenile Judges Association, or his23
designee.24
(24) A member of the House of Representatives appointed by the25
speaker of the House of Representatives, or his designee.26
(25) A member of the Senate appointed by the president of the Senate,27
or his designee.28
B. Members of the task force shall serve at the pleasure of the29 SB NO. 232
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appointing authority. The attorney general shall serve as chairman, and his1
duties shall be established by the task force.2
C. The task force shall fix a time and place for its regular meeting and3
shall meet at least once during each calendar month. Additional special or4
regular meetings may be held upon the call of the chairman.5
D. A majority of the membership present shall constitute a quorum and6
shall be necessary to take action.7
§556. Duties of the task force8
The task force shall examine issues relating to forensic examination of9
sexual assault victims and investigation of sexual assault cases, including but not10
limited to the following:11
(1) The task force shall review and analyze all applicable state and12
federal laws, rules, regulations, policies, procedures, and practices pertaining13
to all of the following:14
(a) What entities are performing and should perform forensic15
examinations of sexual assault victims.16
(b) What entities are financially responsible and should be financially17
responsible for the forensic evidence collection from the victim of a sexual18
assault.19
(c) Which entities are being billed for the forensic examinations and20
which entities should be billed for such examinations.21
(d) What evidence is collected from the victim, how is it preserved, how22
is it analyzed, and what are the best practices in these areas.23
(e) What standards are being followed in the investigation of sexual24
assault cases and what standards should be followed.25
(f) What training is provided and what training should be provided to26
law enforcement officers and staff of the Department of Children and Family27
Services investigating sexual assault cases or cases of suspected sexual assault.28
(g) What criteria are used and what criteria should be used in29 SB NO. 232
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designating cases as unfounded or in reclassifying cases involving completed or1
attempted illegal sexual activity.2
(h) The current reporting requirements and those recommended by the3
Department of Children and Family Services regarding the number of4
allegations of sexual abuse or assault reported and investigated and the number5
of those which are validated or not validated.6
(i) Reports by teachers, ministers, and other mandatory reporters to the7
Department of Children and Family Services and law enforcement agencies,8
standards for dual investigations and whether mandatory reporters should9
report to both law enforcement agencies and the Department of Children and10
Family Services.11
(j) Given the unusual position of trust and authority that members of12
the clergy of all religions enjoy from their congregation and the opportunity13
that such an esteemed position gives those few individuals, the task force shall14
examine and report on the number of allegations of sexual abuse or assault15
reported, investigated, and the number of those which were validated or not16
validated and shall propose specific standards to be followed in the17
investigation of such cases and shall issue recommendations of enhanced18
penalties applicable to those who abuse that trust to perpetrate sexual offenses.19
(2) The task force shall report its findings and recommendations to the20
governor, the president of the Senate, and the speaker of the House of21
Representatives not later than December 31, 2012.22
Section 2. The task force created by this Act shall terminate sixty days after the23
report of findings and recommendations has been submitted.24
Section 3. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 232
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The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Michelle Broussard-Johnson.
DIGEST
Cheek (SB 232)
Present law provides for a reduction of the registration period if the offender maintains a
clean record for 10 years upon petition to be relieved of the sex offender registration to the
court of conviction for those convicted in Louisiana.
Proposed law maintains present law and provides that the petition seeking relief from
registration be accompanied by a certification from the office of state police of the offender's
history of registration in Louisiana.
Present law provides that the district attorney shall be served with a copy of the petition.
Proposed law maintains present law and provides that the Department of Public Safety and
Corrections, office of state police and Department of Justice shall be given notice of the
filing with a copy of the pleading.
Proposed law creates the Louisiana Sexual Assault Task Force within the Department of
Justice.
Proposed law provides that the task force consists of 25 members and that the attorney
general serve as chairman.
Proposed law provides for a listing of issues for study by the task force, including but not
limited to investigation issues, procedures used in obtaining and analyzing sexual assault
evidence, and training requirements for law enforcement officers and others in sexual assault
cases.
Proposed law provides that given the unusual position of trust and authority that members
of the clergy of all religions enjoy from their congregation and the opportunity that such an
esteemed position give those few individuals, the task force shall examine and report on the
number of allegations of sexual abuse or assault reported, investigated, and the number of
those which were validated or not validated and shall propose specific standards to be
followed in the investigation of such cases and shall issue recommendations of enhanced
penalties applicable to those who abuse that trust to perpetrate sexual offenses.
Proposed law requires the task force to report its findings and recommendations to the
governor, the president of the Senate, and the speaker of the House of Representatives not
later than December 31, 2012.
Proposed law provides that the task force shall terminate 60 days after its report of findings
has been submitted.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:544 (D)(1), (2), (3)(e), (4)(a) and (b); adds R.S. 15:555 and 556) SB NO. 232
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Deletes the responsibility of the office of the attorney general to maintain on
the State Sex Offender and Child Predator Registry the registration period
end date.
2. Deletes the administrative procedure created for offenders who are required
to register to request a review of the registration period end date established
by the attorney general.
3. Deletes the duties of the sheriff to provide certain information to the offender
required to register within the sheriff's jurisdiction.
4. Changes the reporting date for the task force from July 1, 2011 to December
31, 2012.
Senate Floor Amendments to engrossed bill.
1. Technical amendments.
2. Adds to duties of the task force regarding allegations against the clergy.