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Regular Session, 2011 ENROLLED
SENATE BILL NO. 232
BY SENATOR CHEEK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
or the court of the parish of residence for those convicted under the laws of another18
state, or military, territorial, foreign, tribal, or federal law which have been19
determined to be comparable to a Louisiana offense requiring a fifteen-year20
registration period by the bureau pursuant to the provisions of R.S. 15:542.1.3. The21
petition shall be accompanied by a certification from the office of state police22
of the offender's history of registration in Louisiana.23
(2) The lifetime registration period established in Paragraph (B)(2) of this24
Section may be reduced to a period of twenty-five years if the offender was25
adjudicated delinquent for the offense which requires registration and maintains a26
clean record for twenty-five years upon petition to be relieved of the sex offender27 SB NO. 232 ENROLLED
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registration to the court of adjudication for those adjudicated in Louisiana, or court1
of the parish of residence for those adjudicated under the laws of another state, or2
military, territorial, foreign, tribal, or federal law. The petition shall be3
accompanied by a certification from the office of state police of the offender's4
history of registration in Louisiana.5
(3) For purposes of this Subsection, an offender maintains a "clean record"6
by:7
* * *8
(e) Complying with all sex offender registration and notification requirements9
in Louisiana for the prescribed period of time pursuant to the provisions of this10
Chapter.11
(4) The following procedures shall apply to the provisions of Paragraphs (1)12
and (2) of this Subsection:13
(a) The district attorney shall be served with a copy of the petition and the14
Louisiana Department of Public Safety and Corrections, office of state police15
and the Department of Justice shall be given notice of the filing with a copy of16
the pleading.17
(b) The court shall order a contradictory hearing to determine whether the18
offender is entitled to be relieved of the registration and notification requirements19
pursuant to the provisions of Paragraphs (1) and (2) of this Subsection. The20
Louisiana Department of Public Safety and Corrections, office of state police21
and the Department of Justice shall be given notice of the hearing date.22
* * *23
CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT TASK FORCE24
§555. Sexual Assault Task Force; creation; membership; meetings25
A. The Louisiana Sexual Assault Task Force is hereby created within the26
Department of Justice, office of the attorney general. The task force shall consist27
of twenty-five members as follows:28
(1) The executive director of the Louisiana District Attorneys29
Association or his designee.30 SB NO. 232 ENROLLED
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(2) The executive director of the Louisiana Foundation Against Sexual1
Assault or her designee.2
(3) The Sexual Assault Nurse Examiner/Sexual Assault Response Team3
(SANE/SART) program coordinator of the Louisiana Foundation Against4
Sexual Assault or her designee.5
(4) The executive director of the Louisiana Sheriffs Association, or his6
designee.7
(5) The executive director of the Louisiana Association of Chiefs of8
Police, or his designee.9
(6) The president of the Louisiana District Judges Association, or his10
designee.11
(7) The executive director of the Louisiana Commission on Law12
Enforcement and the Administration of Criminal Justice, or his designee.13
(8) The president of the Louisiana Coroners Association, or his designee.14
(9) The director of the Louisiana State Police Crime Laboratory, or his15
designee.16
(10) The president of the Louisiana Association of Forensic Scientists,17
or his designee.18
(11) The president of the Louisiana Hospitals Association, or her19
designee.20
(12) The secretary of the Department of Health and Hospitals, or his21
designee.22
(13) The executive director of the Louisiana State Board of Nursing, or23
his designee.24
(14) The executive director of the Louisiana CASA Association, or his25
designee.26
(15) The president of the Louisiana Children's Advocacy Center, or his27
designee.28
(16) The secretary of the Department of Children and Family Services,29
or his designee.30 SB NO. 232 ENROLLED
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(17) The deputy secretary of programs of the Department of Children1
and Family Services, or his designee.2
(18) The medical director of the Child At Risk Evaluation Center at3
Children's Hospital of New Orleans, or his designee.4
(19) The attorney general, or his designee.5
(20) A member of the Association of Criminal Defense Lawyers selected6
by its chief executive officer, or his designee.7
(21) The superintendent of state police, or his designee.8
(22) The director of the Louisiana Coalition Against Domestic Violence,9
or his designee.10
(23) The president of the Louisiana Juvenile Judges Association, or his11
designee.12
(24) A member of the House of Representatives appointed by the13
speaker of the House of Representatives, or his designee.14
(25) A member of the Senate appointed by the president of the Senate,15
or his designee.16
B. Members of the task force shall serve at the pleasure of the17
appointing authority. The attorney general shall serve as chairman, and his18
duties shall be established by the task force.19
C. The task force shall fix a time and place for its regular meeting and20
shall meet at least once during each calendar month. Additional special or21
regular meetings may be held upon the call of the chairman.22
D. A majority of the membership present shall constitute a quorum and23
shall be necessary to take action.24
§556. Duties of the task force25
The task force shall examine issues relating to forensic examination of26
sexual assault victims and investigation of sexual assault cases, including but not27
limited to the following:28
(1) The task force shall review and analyze all applicable state and29
federal laws, rules, regulations, policies, procedures, and practices pertaining30 SB NO. 232 ENROLLED
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to all of the following:1
(a) What entities are performing and should perform forensic2
examinations of sexual assault victims.3
(b) What entities are financially responsible and should be financially4
responsible for the forensic evidence collection from the victim of a sexual5
assault.6
(c) Which entities are being billed for the forensic examinations and7
which entities should be billed for such examinations.8
(d) What evidence is collected from the victim, how it is preserved, how9
it is analyzed, and what are the best practices in these areas.10
(e) What standards are being followed in the investigation of sexual11
assault cases and what standards should be followed.12
(f) What training is provided and what training should be provided to13
law enforcement officers and staff of the Department of Children and Family14
Services investigating sexual assault cases or cases of suspected sexual assault.15
(g) What criteria are used and what criteria should be used in16
designating cases as unfounded or in reclassifying cases involving completed or17
attempted illegal sexual activity.18
(h) The current reporting requirements and those recommended by the19
Department of Children and Family Services regarding the number of20
allegations of sexual abuse or assault reported and investigated and the number21
of those which are validated or not validated.22
(i) Reports by teachers, ministers, and other mandatory reporters to the23
Department of Children and Family Services and law enforcement agencies,24
standards for dual investigations and whether mandatory reporters should25
report to both law enforcement agencies and the Department of Children and26
Family Services.27
(2) The task force shall report its findings and recommendations to the28
governor, the president of the Senate, and the speaker of the House of29
Representatives not later than December 31, 2012.30 SB NO. 232 ENROLLED
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Section 2. The task force created by this Act shall terminate sixty days after the1
report of findings and recommendations has been submitted.2
Section 3. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: