HLS 12RS-829 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 566
BY REPRESENTATIVE BROSSETT
SEX OFFENSE/REGISTRY: Provides relative to persons convicted of crimes against
nature by solicitation
AN ACT1
To amend and reenact R.S. 15:542(F)(3)(b) and (c) and to enact R.S. 15:542(F)(3)(d),2
relative to sex offender registration and notification requirements; to authorize3
certain persons convicted of crime against nature to petition the court to be relieved4
of sex offender registration and notification requirements; to provide for exceptions;5
to provide for procedures; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:542(F)(3)(b) and (c) are hereby amended and reenacted and R.S.8
15:542(F)(3)(d) is hereby enacted to read as follows: 9
ยง542. Registration of sex offenders and child predators10
* * *11
F.12
* * *13
(3)14
* * *15
(b) Any person who was convicted of crime against nature (R.S. 14:89) prior16
to August 15, 2010, may petition the court of conviction to be relieved of the sex17
offender registration and notification requirements of this Chapter if the offense for18
which the offender was convicted would be defined as crime against nature by19
solicitation (R.S. 14:89.2) had the offender been convicted on or after August 15,20 HLS 12RS-829 ORIGINAL
HB NO. 566
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2010. Offenders convicted of an offense under the laws of another state, or military,1
territorial, foreign, tribal, or federal law may petition the district court of his parish2
of residence once the administrative procedures of R.S. 15:542.1.3 have been3
exhausted, and the elements of the offense of conviction have been found to be4
equivalent to the current definition of crime against nature by solicitation (R.S.5
14:89.2). The provisions of this Subparagraph shall not apply to persons whose6
conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation7
of a person under the age of seventeen and would authorize sentencing of the8
offender pursuant to R.S. 14:89.2(B)(3), had the offender been convicted on or after9
August 15, 2010. Relief shall not be granted unless the motion is accompanied by10
supporting documentary proof that the offense did not involve the solicitation of11
persons under the age of seventeen. The court may grant the motion upon clear and12
convincing evidence that the conviction for crime against nature pursuant to R.S.13
14:89 did not involve the solicitation of a person under the age of seventeen.14
(b)(c) The following procedures shall apply to the provisions of this15
Paragraph:16
(i) The petition shall be accompanied with supporting documentation to17
establish that the age of the perpetrator and the victim at the time the offense was18
committed are within the parameters set forth in R.S. 14:80.1.19
(ii) The district attorney shall be served with a copy of the petition.20
(iii) The court shall order a contradictory hearing to determine whether the21
offender is entitled to be relieved of the registration and notification requirements22
pursuant to the provisions of this Paragraph.23
(c)(d) The provisions of this Paragraph shall not apply to any person who24
was convicted of more than one offense which requires registration pursuant to the25
provisions of this Chapter.26 HLS 12RS-829 ORIGINAL
HB NO. 566
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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)]
Brossett HB No. 566
Abstract: Authorizes certain persons convicted of crime against nature to be relieved of the
sex offender registration and notification provisions.
Present law provides that sex offender registration and notification requirements are
mandatory and shall not be waived or suspended.
Present law provides for crime against nature (R.S. 14:89) and crime against nature by
solicitation (R.S. 14:89.2). Act No. 882 of the 2010 R.S. created a separate provision for
present law crime against nature, prior to which the unlawful acts defined in both crimes,
crime against nature and crime against nature by solicitation, were encompassed in one
provision for crime against nature.
Present law, pursuant to Act No. 223 of the 2011 R.S., provided that compliance with the
sex offender registration and notification provisions would only be required for those
persons convicted of crime against nature by solicitation (R.S. 14:89.2) when the person
being solicited is under the age of 17.
Proposed law authorizes any person who was convicted of crime against nature (R.S. 14:89)
prior to Aug. 15, 2010, to petition the court of conviction to be relieved of the sex offender
registration and notification requirements if the offense for which the offender was convicted
would be defined as crime against nature by solicitation (R.S. 14:89.2) had the offender been
convicted on or after Aug. 15, 2010.
Further provides that these provisions of proposed law shall not apply to persons whose
offense involved the solicitation of persons under the age of 17.
(Amends R.S. 15:542(F)(3)(b) and (c); Adds R.S. 15:542(F)(3)(d))