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Regular Session, 2012
SENATE BILL NO. 162
BY SENATOR ERDEY
CRIME/PUNISHMENT. Provides relative to the unlawful presence of a sex offender in a
public library facility. (gov sig)
AN ACT1
To amend and reenact R.S. 14:91.2(A)(1) and (2) and (C), and to enact R.S. 14:91.2(D)(3),2
relative to sex offenders; to add public libraries to the places at which the presence3
of sex offenders is prohibited; to provide for exceptions; to provide relative to4
immunity from civil or criminal liability for head librarians; to provide for5
definitions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:91.2(A)(1) and (2) and (C) are hereby amended and reenacted,8
and R.S. 14:91.2(D)(3) is hereby enacted, to read as follows: 9
ยง91.2. Unlawful presence of a sex offender10
A. The following acts when committed by a person convicted of a sex offense11
as defined in R.S. 15:541 when the victim is under the age of thirteen years shall12
constitute the crime of unlawful residence or presence of a sex offender:13
(1) The physical presence of the offender in, on, or within one thousand feet14
of the school property of any public or private elementary or secondary school or the15
physical presence in any motor vehicle or other means of conveyance owned, leased,16
or contracted by such school to transport students to or from school or a17 SB NO. 162
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school-related activity when persons under the age of eighteen years are present on1
the school property or in a school vehicle , or in, on, or within one thousand feet2
of the property of a public library.3
(2) The offender establishing a residence within one thousand feet of any4
public or private elementary or secondary school or public library.5
* * *6
C.(1) It shall not be a violation of the provisions of this Section if the7
offender has permission to be present on school premises from the superintendent8
of the school board in the case of a public school or the principal or headmaster in9
the case of a private school, or if the offender has permission of the head10
librarian to be present on library premises, provided that the offender remains11
under the direct supervision of library staff while on library premises.12
(2) If permission is granted to an offender to be present on public school13
property by the superintendent for that public school, or by the head librarian for14
the offender to be present on public library property, pursuant to this Subsection,15
then the superintendent shall notify the principal, or the head librarian shall notify16
the public library staff, at least twenty-four hours in advance of the visit by the17
offender. This notification shall include the nature of the visit and the date and time18
in which the sex offender will be present in the school or library. The offender shall19
notify the office of the principal or library staff upon arrival on the school or20
library property and upon departing from the school or library. If the offender is21
to be present in the vicinity of children, the offender shall remain under the direct22
supervision of a school official while on school property or under the direct23
supervision of library staff while on library property.24
(3) Any superintendent, principal, or school master, or head librarian who25
acts in good faith in compliance with this Subsection shall be immune from civil or26
criminal liability for his actions in connection with any injury or claim arising from27
an offender being present on school or library property pursuant to permission28
granted by that superintendent, principal, or school master, or head librarian.29 SB NO. 162
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D. For purposes of this Section:1
* * *2
(3) "Public library" means any facility provided for by Chapter 2-A or3
Chapter 3 of Title 25 of the Louisiana Revised Statutes of 1950.4
* * *5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that it is unlawful for a person convicted of a sex offense as defined in
present law, when the victim is under the age of 13, to be on, or within 1000 feet of, the
school property of any public or private elementary or secondary school, or in any motor
vehicle or other means of conveyanc e owned, leased, or contracted by such school to
transport students to or from school or a school-related activity when persons under the age
of 18 are present. Present law further provides that it is unlawful for such offender to
establish a residence within 1000 feet of any public or private elementary or secondary
school.
Present law provides that present law is not violated when the offender has permission to be
present on school premises from the superintendent of the school board in the case of a
public school, or the principal or headmaster in the case of a private school. Present law
further provides that if permission is granted to an offender to be present on public school
property by the superintendent for that public school pursuant to present law, then the
superintendent must notify the principal at least 24 hours in advance of the visit by the
offender, which notification is to include the nature of the visit and the date and time when
the offender will be present in the school. Present law further provides that the offender
must notify the office of the principal upon arrival on the school property and upon departing
from the school, and if the offender is to be present in the vicinity of children, the offender
must remain under the direct supervision of a school official.
Present law provides that any superintendent, principal, or school master who acts in good
faith in compliance with present law is immune from civil or criminal liability for his actions
in connection with any injury or claim arising from an offender being present on school
property pursuant to permission granted by that superintendent, principal, or school master.
Proposed law retains present law and makes present law applicable to public libraries such
that it is unlawful for a sex offender, when the victim is under the age of 13, to be on or
within 1000 feet of public library property or to establish a residence within 1000 feet of any
public library. Proposed law further provides that the offender may obtain permission to be
on library property from the head librarian, who must notify library staff within 24 hours in
advance of the offender's visit, including the nature of the visit and the date and time when SB NO. 162
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the offender will be present in the library. Proposed law further provides that the offender
must notify library staff upon arrival and departure, and if the offender is to be present in the
vicinity of children, the offender must be under direct supervision of library staff. Proposed
law provides for immunity from civil or criminal liability for a head librarian if the
provisions of proposed law are complied with in good faith.
Proposed law defines "public library" as any facility provided for by present law relative to
public libraries.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:91.2(A)(1) and (2) and (C); adds R.S. 14:91.2(D)(3))