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Regular Session, 2012
HOUSE BILL NO. 338
BY REPRESENTATIVE JOHNSON
SEX OFFENSE/REGISTRY: Authorizes the use of truth verification examinations for
certain sex offenders
AN ACT1
To amend and reenact Code of Criminal Procedure Article 895(I), (J), (K), (L), and (M) and2
to enact R.S. 15:538(E) and 574.4.3(F) and Code of Criminal Procedure Article3
895(N), relative to sex offenders; to provide relative to conditions of probation and4
parole for certain sex offenders; to authorize the use of truth verification5
examinations; to provide relative to the administration of truth verification6
examinations; to prohibit the use of test results for certain purposes; to provide for7
definitions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 15:538(E) and 574.4.3(F) are hereby enacted to read as follows: 10
§538. Conditions of probation, parole, and suspension or diminution of sentence11
* * *12
E.(1) In cases where the sexual offender has been convicted of or where13
adjudication has been deferred or withheld for the perpetration or attempted14
perpetration of a sex offense as defined in R.S. 15:541 and the victim of that offense15
is a minor, the court or the Board of Parole may, as an additional condition of16
probation or parole, authorize the use of truth verification examinations to determine17
if the sexual offender has violated a condition of probation or parole. If ordered by18
the court or the Board of Parole as a condition of probation or parole, the Department19
of Public Safety and Corrections, division of probation and parole, is hereby20 HLS 12RS-317 REENGROSSED
HB NO. 338
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authorized to administer a truth verification examination pursuant to the order of the1
court or the Board of Parole and the provisions of this Subsection.2
(2) Any examination conducted pursuant to the provisions of this Subsection3
shall be subsequent to an allegation that the sexual offender has violated a condition4
of probation or parole or at the discretion of the probation or parole officer who has5
reason to believe that the sexual offender has violated a condition of probation or6
parole.7
(3) The truth verification examination shall be conducted by a trained and8
certified polygraphist or voice stress examiner.9
(4) The results of the truth verification examination may be considered in10
determining the level of supervision and treatment needed by the sexual offender and11
in the determination of the probation or parole officer as to whether the sexual12
offender has violated a condition of probation or parole; however, such results shall13
not be used as evidence in court or by the Board of Parole to prove that a violation14
of a condition or probation or parole has occurred.15
(5) The sexual offender may request a second truth verification examination16
to be conducted by a trained and certified polygraphist or voice stress examiner of17
his choice. The cost of the second examination shall be borne by the offender.18
(6) For purposes of this Subsection:19
(a) "Polygraph examination" shall mean an examination conducted with the20
use of an instrument or apparatus for simultaneously recording cardiovascular21
pressure, pulse and respiration, and variations in electrical resistance of the skin.22
(b) "Truth verification examination" shall include a polygraph examination23
or a voice stress analysis.24
(c) "Voice stress analysis" shall mean an examination conducted with the use25
of an instrument or apparatus which records psychophysiological stress responses26
that are present in a human voice when a person suffers psychological stress in27
response to a stimulus.28
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§574.4.3. Parole requirements for certain sex offenders1
* * *2
F.(1) In cases where the offender has been convicted of or where3
adjudication has been deferred or withheld for the perpetration or attempted4
perpetration of a sex offense as defined in R.S. 15:541 and the victim of that offense5
is a minor, the board may, as an additional condition of parole, authorize the use of6
truth verification examinations to determine if the offender has violated a condition7
of parole. If ordered by the board as a condition of parole, the Department of Public8
Safety and Corrections, division of probation and parole, is hereby authorized to9
administer a truth verification examination pursuant to the board's order and the10
provisions of this Subsection.11
(2) Any examination conducted pursuant to the provisions of this Subsection12
shall be subsequent to an allegation that the offender has violated a condition of13
parole or at the discretion of the parole officer who has reason to believe that the14
offender has violated a condition of parole.15
(3) The truth verification examination shall be conducted by a trained16
certified polygraphist or voice stress examiner.17
(4) The results of the truth verification examination may be considered in18
determining the level of supervision and treatment needed by the offender and in the19
determination of the parole officer as to whether the offender has violated a20
condition of parole; however, such results shall not be used by the board as the basis21
for a finding that a violation of a condition of parole has occurred.22
(5) The sexual offender may request a second truth verification examination23
to be conducted by a trained and certified polygraphist or voice stress examiner of24
his choice. The cost of the second examination shall be borne by the offender.25
(6) For purposes of this Subsection:26
(a) "Polygraph examination" shall mean an examination conducted with the27
use of an instrument or apparatus for simultaneously recording cardiovascular28
pressure, pulse and respiration, and variations in electrical resistance of the skin.29 HLS 12RS-317 REENGROSSED
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(b) "Truth verification examination" shall include a polygraph examination1
or a voice stress analysis.2
(c) "Voice stress analysis" shall mean an examination conducted with the use3
of an instrument or apparatus which records psychophysiological stress responses4
that are present in a human voice when a person suffers psychological stress in5
response to a stimulus.6
Section 2. Code of Criminal Procedure Article 895(I), (J), (K), (L), and (M) are7
hereby amended and reenacted and Code of Criminal Procedure Article 895(N) is hereby8
enacted to read as follows:9
Art. 895. Conditions of probation10
* * *11
I.(1) In cases where the defendant has been convicted of or where12
adjudication has been deferred or withheld for the perpetration or attempted13
perpetration of a sex offense as defined in R.S. 15:541 and the victim of that offense14
is a minor, the court may, as an additional condition of probation, authorize the use15
of truth verification examinations to determine if the defendant has violated a16
condition of probation. If ordered by the court as a condition of probation, the17
Department of Public Safety and Corrections, division of probation and parole, is18
hereby authorized to administer a truth verification examination pursuant to the court19
order and the provisions of this Paragraph.20
(2) Any examination conducted pursuant to the provisions of this Paragraph21
shall be subsequent to an allegation that the defendant has violated a condition of22
probation or at the discretion of the probation officer who has reason to believe that23
the defendant has violated a condition of probation.24
(3) The truth verification examination shall be conducted by a trained and25
certified polygraphist or voice stress examiner.26
(4) The results of the truth verification examination may be considered in27
determining the level of supervision and treatment needed by the defendant and in28
the determination of the probation officer as to whether the defendant has violated29 HLS 12RS-317 REENGROSSED
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a condition of probation; however, such results shall not be used as evidence in court1
to prove that a violation of a condition of probation has occurred.2
(5) The sexual offender may request a second truth verification examination3
to be conducted by a trained and certified polygraphist or voice stress examiner of4
his choice. The cost of the second examination shall be borne by the offender.5
(6) For purposes of this Article:6
(a) "Polygraph examination" shall mean an examination conducted with the7
use of an instrument or apparatus for simultaneously recording cardiovascular8
pressure, pulse and respiration, and variations in electrical resistance of the skin.9
(b) "Truth verification examination" shall include a polygraph examination10
or a voice stress analysis.11
(c) "Voice stress analysis" shall mean an examination conducted with the use12
of an instrument or apparatus which records psychophysiological stress responses13
that are present in a human voice when a person suffers psychological stress in14
response to a stimulus.15
I. J. The defendant shall be given a certificate setting forth the conditions of16
his probation and shall be required to agree in writing to the conditions.17
J.K. In cases where the defendant has been convicted of an offense involving18
criminal sexual activity, the court shall order as a condition of probation that the19
defendant successfully complete a sex offender treatment program. As part of the20
sex offender treatment program, the offender shall participate with a victim impact21
panel or program providing a forum for victims of criminal sexual activity and sex22
offenders to share experiences on the impact of the criminal sexual activity in their23
lives. The Department of Public Safety and Corrections shall establish guidelines24
to implement victim impact panels where, in the judgment of the licensed25
professional responsible for the sexual treatment program, appropriate victims are26
available, and shall establish guidelines for other programs where such victims are27
not available. All costs for the sex offender treatment program shall be paid by the28
offender.29 HLS 12RS-317 REENGROSSED
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K.L. A conviction for any offense involving criminal sexual activity as1
provided for in Paragraph H of this Article, includes a conviction for an equivalent2
offense under the laws of another state. Criminal sexual offenders under the3
supervision and legal authority of the Department of Public Safety and Corrections4
pursuant to the terms and conditions of the interstate compact agreement provided5
for in R.S. 15:574.14 15:574.31 et seq. shall be notified of the registration6
requirements provided for in this Article at the time the department accepts7
supervision and has legal authority of the individual.8
L.M.(1) In all cases where the defendant has been convicted of an offense9
of domestic abuse as provided in R.S. 46:2132(3) to a family or household member10
as provided in R.S. 46:2132(4), or of an offense of dating violence as provided in11
R.S. 46:2151(C) to a dating partner as provided in R.S. 46:2151(B), the court shall12
order that the defendant submit to and successfully complete a court-approved course13
of counseling or therapy related to family or dating violence, for all or part of the14
period of probation. If the defendant has already completed such a counseling15
program, said counseling requirement shall be required only upon a finding by the16
court that such counseling or therapy would be effective in preventing future17
domestic abuse or dating violence.18
(2) All costs for the counseling or therapy shall be paid by the offender. In19
addition, the court may order that the defendant pay an amount not to exceed one20
thousand dollars to a family violence program located in the parish where the offense21
of domestic abuse occurred.22
M.N. If a defendant is injured or suffers other loss in the performance of23
community service work required as a condition of probation, neither the state nor24
any political subdivision, nor any officer, agent, or employee of the state or political25
subdivision shall be liable for any such injury or loss, unless the injury or loss was26
caused by the gross negligence or intentional acts of the officer, agent, or employee27
of the state or political subdivision. No provision of this Paragraph shall negate any28
requirement that an officer, agent, or employee secure proper and appropriate29 HLS 12RS-317 REENGROSSED
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medical assistance for a defendant who is injured while performing community1
service work and in need of immediate medical attention.2
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)]
Johnson HB No. 338
Abstract: Authorizes the use of truth verification examinations for certain sex offenders
who are on probation and parole.
Present law provides for certain conditions of probation and parole imposed upon certain sex
offenders.
Proposed law authorizes the use of truth verification examinations for sex offenders
convicted of a sex offense where the victim was a minor, if ordered by the court or the Board
of Parole, in order to determine whether the offender has violated a condition of his
probation or parole.
Proposed law provides that the truth verification examination shall be subsequent to an
allegation, or at the discretion of the probation or parole officer who has reason to believe,
that the sexual offender has violated a condition of probation or parole.
Proposed law provides that the truth verification examination shall be conducted by a trained
and certified polygraphist or voice stress examiner.
Proposed law provides that the results of the truth verification examination shall not be used
as evidence in court or by the Board of Parole to prove that a violation of a condition of
probation or parole has occurred.
Proposed law authorizes the offender to request a second truth verification examination to
be conducted by a trained and certified examiner of the offender's choice and at the
offender's cost.
Proposed law provides definitions for the following: "polygraph examination", "truth
verification examinations", and "voice stress analysis".
(Amends C.Cr.P. Art. 895(I), (J), (K), (L), and (M); Adds R.S. 15:538(E) and 574.4.3(F) and
C.Cr.P. Art. 895(N))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added provision which authorizes the offender to request a second truth
verification examination at his expense.