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ACT No. 402
Regular Session, 2012
HOUSE BILL NO. 566
BY REPRESENTATIVE BROSSETT
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
have been exhausted, and the elements of the offense of conviction have been found21
to be equivalent to the current definition of crime against nature by solicitation (R.S.22
14:89.2). The provisions of this Subparagraph shall not apply to persons whose23
conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation24
of a person under the age of seventeen and would authorize sentencing of the25 ENROLLEDHB NO. 566
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offender pursuant to R.S. 14:89.2(B)(3), had the offender been convicted on or after1
August 15, 2010.2
(b) The motion shall be accompanied by supporting documentation to3
establish that the person was convicted of crime against nature prior to August 15,4
2010, and that the offense for which the offender was convicted would be defined5
as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted6
on or after August 15, 2010.7
(c) The district attorney, office of state police, and the Department of Justice,8
shall be served with a copy of the motion.9
(d) If the supporting documentation described in Subparagraph (b) of this10
Paragraph is provided and meets the requirements of Subparagraph (4)(b), relief shall11
be granted unless the district attorney objects and provides supporting documentation12
proving that the offense for which the person was convicted, and which requires13
registration and notification pursuant to the provisions of this Chapter, involved the14
solicitation of a person under the age of seventeen.15
(e) If the district attorney proves by clear and convincing evidence that the16
conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation17
of a person under the age of seventeen, the court shall deny the motion to be relieved18
of the sex offender registration and notification requirements as provided by the19
provisions of this Paragraph.20
(f) The provisions of this Paragraph shall not apply to any person who was21
convicted of one or more offenses which otherwise require registration pursuant to22
the provisions of this Chapter.23
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: