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ACT No. 705
Regular Session, 2012
HOUSE BILL NO. 338
BY REPRESENTATIVE JOHNSON
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, if the department has the equipment16
and appropriately trained personnel, as an additional condition of probation or17
parole, authorize the use of truth verification examinations to determine if the sexual18
offender has violated a condition of probation or parole. If ordered by the court or19
the Board of Parole as a condition of probation or parole, the Department of Public20
Safety and Corrections, division of probation and parole, is hereby authorized to21
administer a truth verification examination pursuant to the order of the court or the22
Board of Parole and the provisions of this Subsection.23 ENROLLEDHB NO. 338
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(2) Any examination conducted pursuant to the provisions of this Subsection1
shall be subsequent to an allegation that the sexual offender has violated a condition2
of probation or parole or at the discretion of the probation or parole officer who has3
reason to believe that the sexual offender has violated a condition of probation or4
parole.5
(3) The truth verification examination shall be conducted by a trained and6
certified polygraphist or voice stress examiner.7
(4) The results of the truth verification examination may be considered in8
determining the level of supervision and treatment needed by the sexual offender and9
in the determination of the probation or parole officer as to whether the sexual10
offender has violated a condition of probation or parole; however, such results shall11
not be used as evidence in court or by the Board of Parole to prove that a violation12
of a condition of probation or parole has occurred.13
(5) The sexual offender may request a second truth verification examination14
to be conducted by a trained and certified polygraphist or voice stress examiner of15
his choice. The cost of the second examination shall be borne by the offender.16
(6) For purposes of this Subsection:17
(a) "Polygraph examination" shall mean an examination conducted with the18
use of an instrument or apparatus for simultaneously recording cardiovascular19
pressure, pulse and respiration, and variations in electrical resistance of the skin.20
(b) "Truth verification examination" shall include a polygraph examination21
or a voice stress analysis.22
(c) "Voice stress analysis" shall mean an examination conducted with the use23
of an instrument or apparatus which records psychophysiological stress responses24
that are present in a human voice when a person suffers psychological stress in25
response to a stimulus.26
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§574.4.3. Parole requirements for certain sex offenders1
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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, if the department has the equipment and appropriately6
trained personnel, as an additional condition of parole, authorize the use of truth7
verification examinations to determine if the offender has violated a condition of8
parole. If ordered by the board as a condition of parole, the Department of Public9
Safety and Corrections, division of probation and parole, is hereby authorized to10
administer a truth verification examination pursuant to the board's order and the11
provisions of this Subsection.12
(2) Any examination conducted pursuant to the provisions of this Subsection13
shall be subsequent to an allegation that the offender has violated a condition of14
parole or at the discretion of the parole officer who has reason to believe that the15
offender has violated a condition of parole.16
(3) The truth verification examination shall be conducted by a trained17
certified polygraphist or voice stress examiner.18
(4) The results of the truth verification examination may be considered in19
determining the level of supervision and treatment needed by the offender and in the20
determination of the parole officer as to whether the offender has violated a21
condition of parole; however, such results shall not be used by the board as the basis22
for a finding that a violation of a condition of parole has occurred.23
(5) The sexual offender may request a second truth verification examination24
to be conducted by a trained and certified polygraphist or voice stress examiner of25
his choice. The cost of the second examination shall be borne by the offender.26
(6) For purposes of this Subsection:27
(a) "Polygraph examination" shall mean an examination conducted with the28
use of an instrument or apparatus for simultaneously recording cardiovascular29
pressure, pulse and respiration, and variations in electrical resistance of the skin.30 ENROLLEDHB NO. 338
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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, if the department has the equipment and appropriately15
trained personnel, as an additional condition of probation, authorize the use of truth16
verification examinations to determine if the defendant has violated a condition of17
probation. If ordered by the court as a condition of probation, the Department of18
Public Safety and Corrections, division of probation and parole, is hereby authorized19
to administer a truth verification examination pursuant to the court order and the20
provisions of this Paragraph.21
(2) Any examination conducted pursuant to the provisions of this Paragraph22
shall be subsequent to an allegation that the defendant has violated a condition of23
probation or at the discretion of the probation officer who has reason to believe that24
the defendant has violated a condition of probation.25
(3) The truth verification examination shall be conducted by a trained and26
certified polygraphist or voice stress examiner.27
(4) The results of the truth verification examination may be considered in28
determining the level of supervision and treatment needed by the defendant and in29
the determination of the probation officer as to whether the defendant has violated30 ENROLLEDHB NO. 338
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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 ENROLLEDHB NO. 338
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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 ENROLLEDHB NO. 338
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requirement that an officer, agent, or employee secure proper and appropriate1
medical assistance for a defendant who is injured while performing community2
service work and in need of immediate medical attention.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: