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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
(4)(a) Any person who was convicted of crime against nature (R.S. 14:89)13
prior to August 15, 2010, may file a motion in the court of conviction to be relieved14
of the sex offender registration and notification requirements of this Chapter if the15
offense for which the offender was convicted would be defined as crime against16
nature by solicitation (R.S. 14:89.2) had the offender been convicted on or after17
August 15, 2010. Offenders convicted of an offense under the laws of another state,18
or military, territorial, foreign, tribal, or federal law may file a motion in the district19
court of his parish of residence once the administrative procedures of R.S. 15:542.1.320 HLS 12RS-829 REENGROSSED
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have been exhausted, and the elements of the offense of conviction have been found1
to be equivalent to the current definition of crime against nature by solicitation (R.S.2
14:89.2). The provisions of this Subparagraph shall not apply to persons whose3
conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation4
of a person under the age of seventeen and would authorize sentencing of the5
offender pursuant to R.S. 14:89.2(B)(3), had the offender been convicted on or after6
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, office of state police, and the Department of Justice,13
shall be served with a copy of the motion.14
(d) If the supporting documentation described in Subparagraph (b) of this15
Paragraph is provided and meets the requirements of Subparagraph (4)(b), relief shall16
be granted unless the district attorney objects and provides supporting documentation17
proving that the offense for which the person was convicted, and which requires18
registration and notification pursuant to the provisions of this Chapter, involved the19
solicitation of a person under the age of seventeen.20
(e) If the district attorney proves by clear and convincing evidence that the21
conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation22
of a person under the age of seventeen, the court shall deny the motion to be relieved23
of the sex offender registration and notification requirements as provided by the24
provisions of this Paragraph.25
(f) The provisions of this Paragraph shall not apply to any person who was26
convicted of one or more offenses which otherwise require registration pursuant to27
the provisions of this Chapter.28 HLS 12RS-829 REENGROSSED
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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, or for any person who was
convicted of one or more offenses which otherwise require registration pursuant to present
law.
Proposed law provides that the district attorney, the office of state police, and the
Department of Justice shall be served with a copy of the motion.
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. HLS 12RS-829 REENGROSSED
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2. Made technical corrections to incorporate changes.
House Floor Amendments to the engrossed bill.
1. Made technical corrections.
2. Added office of state police and the Department of Justice to the list of entities
to be served with a copy of the offender's motion to be relieved of the sex
offender registration and notification requirements.
3. Clarified that proposed law does not apply to any person who was convicted of
one or more offenses which require registration pursuant to present law.