Louisiana 2013 2013 Regular Session

Louisiana House Bill HB423 Engrossed / Bill

                    HLS 13RS-1114	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 423
BY REPRESENTATIVE BILLIOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSE/REGISTRY:  Provides relative to petitions for injunctive relief or
declaratory judgments regarding the registration and notification requirements of sex
offenders
AN ACT1
To enact R.S. 15:544.1, relative to petitions for injunctive relief or declaratory judgments2
regarding the registration and notification requirements of sex offenders; to provide3
for the procedure by which such petitions must be filed; to provide for the4
jurisdiction where such petitions must be filed; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 15:544.1 is hereby enacted to read as follows: 7
ยง544.1.  Petitions for injunctive relief or declaratory judgments8
Any petition for injunctive relief or for declaratory judgment regarding the9
registration and notification requirements of this Chapter as they apply to a particular10
offender convicted of or adjudicated delinquent for a sex offense as defined in R.S.11
15:541 or a criminal offense against a victim who is a minor as defined in R.S.12
15:541, regardless of the date of conviction, which are based on theories of relief or13
grounds not specifically provided for in the provisions of this Chapter, shall be filed14
through ordinary civil proceedings by the offender, the state, the Department of15
Public Safety and Corrections, office of state police, or the office of the attorney16
general, in the district court for the parish where the state capitol is situated.17 HLS 13RS-1114	ENGROSSED
HB NO. 423
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Billiot	HB No. 423
Abstract: Provides for the procedures and jurisdiction for petitions for injunctive relief or
declaratory judgments regarding the sex offender registration and notification
requirements.
Present law provides for the specific grounds on which certain sex offenders convicted of
felony carnal knowledge or crime against nature may petition the court, or file a motion in
the court, for relief from the sex offender registration and notification requirements.  Present
law further provides for the procedures by which and the jurisdictions in which these
petitions and motions may be filed.
Proposed law retains present law and provides that any petition for injunctive relief or for
declaratory judgment regarding the registration and notification requirements as they apply
to a particular offender, regardless of the date of conviction, which are based on theories of
relief or grounds not specifically provided for in present law, shall be filed through ordinary
civil proceedings in the district court for the parish where the state capitol is situated.
(Adds R.S. 15:544.1)