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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 enact R.S. 15:542(F)(4), relative to sex offender registration and notification2
requirements; to authorize certain persons convicted of crime against nature to3
petition the court to be relieved of sex offender registration and notification4
requirements; to provide for exceptions; to provide for procedures; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:542(F)(4) is hereby enacted to read as follows:8
ยง542. Registration of sex offenders and child predators9
* * *10
F.11
* * *12
(b) (4)(a) Any person who was convicted of crime against nature (R.S.13
14:89) prior to August 15, 2010, may file a motion in the court of conviction to be14
relieved of the sex offender registration and notification requirements of this Chapter15
if the offense for which the offender was convicted would be defined as crime16
against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or17
after August 15, 2010. Offenders convicted of an offense under the laws of another18
state, or military, territorial, foreign, tribal, or federal law may file a motion in the19
district court of his parish of residence once the administrative procedures of R.S.20 HLS 12RS-829 ENGROSSED
HB NO. 566
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15:542.1.3 have been exhausted, and the elements of the offense of conviction have1
been found to be equivalent to the current definition of crime against nature by2
solicitation (R.S. 14:89.2). The provisions of this Subparagraph shall not apply to3
persons whose conviction for crime against nature pursuant to R.S. 14:89 involved4
the solicitation of a person under the age of seventeen and would authorize5
sentencing of the offender pursuant to R.S. 14:89.2(B)(3), had the offender been6
convicted on or after August 15, 2010.7
(b) The motion shall be accompanied by supporting documentation to8
establish that the person was convicted of crime against nature prior to August 15,9
2010, and that the offense for which the offender was convicted would be defined10
as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted11
on or after August 15, 2010.12
(c) The district attorney shall be served with a copy of the motion.13
(d) If the supporting documentation described in Subparagraph (b) of this14
Paragraph is provided and meets the requirements of Subparagraph (4)(b), relief shall15
be granted unless the district attorney objects and provides supporting documentation16
proving that the offense for which the person was convicted, and which requires17
registration and notification pursuant to the provisions of this Chapter, involved the18
solicitation of a person under the age of seventeen.19
(e) If the district attorney proves by clear and convincing evidence that the20
conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation21
of a person under the age of seventeen, the court shall deny the motion to be relieved22
of the sex offender registration and notification requirements as provided by the23
provisions of this Paragraph.24
(f) The provisions of this Paragraph shall not apply to any person who was25
convicted of more than one offense which requires registration pursuant to the26
provisions of this Chapter.27 HLS 12RS-829 ENGROSSED
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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 and provides for a procedure by
which such relief is granted.
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., provides that compliance with the sex
offender registration and notification provisions is only 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 file a motion in 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.
Proposed law provides that the motion shall be accompanied by supporting documentation
which proves that the person filing the motion meets the proposed law requirements
necessary to have the authority to file such motion. Upon providing this proof, proposed law
requires the court to grant the person's motion unless the district attorney objects and proves
by clear and convincing evidence that the conviction involved the solicitation of a person
under the age of 17.
(Adds R.S. 15:542(F)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended proposed law procedures by which relief from sex offender registration
and notification requirements is granted pursuant to proposed law.
2. Made technical corrections to incorporate changes.