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Regular Session, 2013
HOUSE BILL NO. 440
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 sex offender registration and notification
AN ACT1
To amend and reenact R.S. 15:541(22), 542(C)(1)(introductory paragraph), (j), and (n),2
(C)(2), and (F)(4)(a), (b), and (c), 542.1.2(A)(introductory paragraph), and 543.1,3
relative to sex offender registration and notification requirements; to amend the4
definition of "residence"; to provide relative to the time periods within which the sex5
offender is required to provide certain information to certain entities; to provide6
relative to the information provided by the sex offender with regard to vehicles and7
temporary lodging; to provide relative to motions for relief from registration and8
notification requirements of certain sex offenders convicted of crime against nature;9
to amend provisions in the written notification of sex offender registration and10
notification requirements given by the court to the offender; and to provide for11
related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 15:541(22), 542(C)(1)(introductory paragraph), (j), and (n), (C)(2),14
and (F)(4)(a), (b), and (c), 542.1.2(A)(introductory paragraph), and 543.1 are hereby15
amended and reenacted to read as follows: 16
§541. Definitions17
For the purposes of this Chapter, the definitions of terms in this Section shall18
apply:19
* * *20 HLS 13RS-1113 ORIGINAL
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(22) "Residence" means a dwelling where the number of days or nights spent1
there by an offender exceed twenty-four days in a calendar year, or any dwelling2
where an offender regularly resides, regardless of the number of days or nights spent3
there. For those offenders who lack a fixed abode or dwelling, "residence" shall4
include the area or place where the offender habitually lives, including but not5
limited to a rural area with no address or a shelter.6
* * *7
§542. Registration of sex offenders and child predators8
* * *9
C.(1) The offender shall register and provide all of the following information10
to the appropriate law enforcement agencies listed in Subsection B of this Section11
in accordance with the time period periods provided for in Paragraph (2) of this12
Subsection:13
* * *14
(j) A description of every motorized vehicle registered to or operated by the15
offender, including license plate number and vehicle identification number and a16
copy of the offender's driver's license or and identification card. This information17
shall be provided prior to the offender's operation of the vehicle.18
* * *19
(n)(i) Temporary lodging information regarding any place where the20
offender plans to stay for seven or more days. This information shall be provided at21
least three days prior to the date of departure unless an emergency situation has22
prevented the timely disclosure of the information.23
(ii) Temporary lodging information regarding international travel shall be24
provided regardless of the number of days or nights the offender plans to stay. This25
information shall be provided at least twenty-one days prior to the date of departure26
unless an emergency situation has prevented the timely disclosure of the information.27
Upon receipt of this information by the bureau from the law enforcement agency28
pursuant to Subsection E of this Section, this information shall then be sent by the29 HLS 13RS-1113 ORIGINAL
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bureau to the United States Marshals Service's National Sex Offender Targeting1
Center for transmission to the proper authorities.2
* * *3
(2) Every Unless an earlier time period is specified in the provisions of4
Paragraph (1) of this Subsection, every offender required to register in accordance5
with this Section shall appear in person and provide the information required by6
Paragraph (1) of this Subsection to the appropriate law enforcement agencies within7
three business days of establishing residence in Louisiana, or if. If the offender is8
a current resident of Louisiana and is not immediately taken into custody or9
incarcerated after conviction or adjudication, he shall provide the information on the10
date of conviction to the sheriff of the parish where the offender was convicted or11
adjudicated and shall, within three business days after conviction or adjudication,12
provide the information to the sheriff of the parishes of the offender's residence,13
employment, and school if not immediately incarcerated or taken into custody after14
conviction or adjudication. If incarcerated immediately after conviction or placed15
in a secure facility immediately after adjudication, the information required by16
Paragraph (1) of this Subsection shall be provided to the secretary of the Department17
of Public Safety and Corrections, or his designee, or the deputy secretary for youth18
services, or his designee, whichever has custody of the offender, within ten days19
prior to release from confinement. Once released from confinement, every offender20
shall appear in person within three business days to register with the appropriate law21
enforcement agencies pursuant to the provisions of this Section the sheriff of the22
parishes in which the offender resides, is employed, and attends school.23
* * *24
F.25
* * *26
(4)(a) Any person who was convicted of crime against nature (R.S. 14:89)27
prior to August 15, 2010, or the district attorney in the parish where the offender was28
convicted, may file a motion in the court of conviction to be relieved relieve the29 HLS 13RS-1113 ORIGINAL
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offender of the sex offender registration and notification requirements of this Chapter1
if the offense for which the offender was convicted would be defined as crime2
against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or3
after August 15, 2010. Offenders convicted of an offense under the laws of another4
state, or military, territorial, foreign, tribal, or federal law may file a motion in the5
district court of his parish of residence once the administrative procedures of R.S.6
15:542.1.3 have been exhausted, and the elements of the offense of conviction have7
been found to be equivalent to the current definition of crime against nature by8
solicitation (R.S. 14:89.2). The provisions of this Subparagraph shall not apply to9
persons whose conviction for crime against nature pursuant to R.S. 14:89 involved10
the solicitation of a person under the age of seventeen and would authorize11
sentencing of the offender pursuant to R.S. 14:89.2(B)(3), had the offender been12
convicted on or after August 15, 2010.13
(b) The motion shall be accompanied by supporting documentation to14
establish that the person was convicted of crime against nature prior to August 15,15
2010, and that the offense for which the offender was convicted would be defined16
as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted17
on or after August 15, 2010, and supporting documentation to establish that the18
person being solicited was not under the age of seventeen. If the motion is filed by19
the district attorney, an affidavit establishing that the facts of the case and the20
underlying conviction meet these requirements shall be deemed sufficient for the21
granting of relief.22
(c) The If the offender files a motion pursuant to the provisions of this23
Paragraph, the district attorney, office of state police, and the Department of Justice,24
shall be served with a copy of the motion and any order granting relief. If the district25
attorney files a motion pursuant to the provisions of this Paragraph, the office of state26
police and the Department of Justice shall be served with a copy of the motion and27
any order granting relief.28
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§542.1.2. Duty of offenders to notify law enforcement of change of address,1
residence, or other registration information2
A. Those Unless an earlier time period is otherwise specified in the3
provisions of this Chapter, those persons required to register pursuant to the4
provisions of this Chapter shall appear in person at the sheriff's office in the parish5
of residence, or the police department in the case of a municipality with a population6
in excess of three hundred thousand, where the offender is currently registered to7
update information within three business days of establishing a new or additional8
physical residential address or of changes in information previously provided when9
any of the following occur:10
* * *11
§543.1. Written notification by the courts; form to be used12
STATE V. ____________________ JUDICIAL DISTRICT COURT13
DOCKET # __________ PARISH OF ___________________14
DIVISION ______STATE OF LOUISIANA15
Notification to Sex Offender16
In accordance with R.S. 15:543, this court has the duty to provide17
_______________________ (name of offender) with the information necessary for18
awareness of sex offender and child predator registration requirements.19
_______________________ has pled guilty to or been found guilty of a violation of20
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana21
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED22
that ___________________ must register for the period of ___________ from the23
date of his release from prison, from the date of his being placed on parole,24
supervised release or probation, or from the date of his conviction, if the offender is25
not sentenced to a term of imprisonment or jail. Additionally, since26
_________________ (hereinafter referred to as offender) has been convicted of:27
( ) An aggravated offense as defined in R.S. 15:541, the offender must28
update his/her registration, in person, every ninety days from the date of initial29 HLS 13RS-1113 ORIGINAL
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registration, with the appropriate law enforcement agencies as provided in R.S.1
15:542.2
( ) A sexual offense involving a victim who is a minor as defined in R.S.3
15:541, the offender must update his/her registration, in person, every six months4
from the date of initial registration, with the appropriate law enforcement agencies5
as provided in R.S. 15:542.6
( ) An offense not defined in R.S. 15:541 as an aggravated offense or a7
sexual offense involving a victim who is a minor, the offender must update his/her8
registration, in person, annually from the date of initial registration, with the9
appropriate law enforcement agencies as provided in R.S. 15:542.10
Based on the foregoing you are hereby notified of the following:11
(1) The offender, within three (3) business days of establishing residence in12
Louisiana or if a current resident, within three (3) business days after conviction or13
adjudication if not immediately incarcerated or taken into custody, or within three14
(3) business days after release from confinement, shall obtain and provide the15
following information to each sheriff or police department in accordance with R.S.16
15:542(B) (except in Orleans Parish where registration shall take place with the New17
Orleans Police Department):18
(a) Name and any aliases used by the offender.19
(b) Physical address or addresses of residence.20
(c) Name and physical address of place of employment. If the offender does21
not have a fixed place of employment, the offender shall provide information with22
as much specificity as possible regarding the places where he works, including but23
not limited to travel routes used by the offender.24
(d) Name and physical address of the school in which he is a student.25
(e) Two forms of proof of residence for each residential address provided,26
including but not limited to a driver's license, bill for utility service, and bill for27
telephone service. If those forms of proof of residence are not available, the offender28
may provide an affidavit of an adult resident living at the same address. The29 HLS 13RS-1113 ORIGINAL
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affidavit shall certify that the affiant understands his obligation to provide written1
notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with2
whom the offender last registered when the offender no longer resides at the3
residence provided in the affidavit.4
(f) The crime for which he was convicted and the date and place of such5
conviction, and if known by the offender, the court in which the conviction was6
obtained, the docket number of the case, the specific statute under which he was7
convicted, and the sentence imposed.8
(g) A current photograph, fingerprints, palm prints, and a DNA sample.9
(h) Telephone numbers, including fixed location phone and mobile phone10
numbers assigned to the offender or associated with any residence address of the11
offender.12
(i) A description of every motorized vehicle registered to or operated by the13
offender, including license plate number and vehicle identification number and a14
copy of the offender's driver's license or and identification card.15
(j) Social security number and date of birth.16
(k) A description of the physical characteristics of the offender, including but17
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or18
other identifying marks on the body of the offender.19
(l) Every e-mail address, online screen name or other online identity used by20
the offender to communicate on the Internet.21
(m)(i) Temporary lodging information regarding any place where the22
offender plans to stay for seven or more days and the length of the stay. This23
information shall be provided at least three days prior to the date of departure unless24
an emergency situation has prevented the timely disclosure of the information.25
(ii) Temporary lodging information regarding international travel shall be26
provided regardless of the number of days or nights the offender plans to stay. This27
information shall be provided at least twenty-one days prior to the date of departure28
unless an emergency situation has prevented the timely disclosure of the information.29 HLS 13RS-1113 ORIGINAL
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Upon receipt of this information by the bureau from the law enforcement agency,1
this information shall then be sent by the bureau to the United States Marshals2
Service's National Sex Offender Targeting Center for transmission to the proper3
authorities.4
(n) Travel and immigration documents, including but not limited to passports5
and documents establishing immigration status.6
(2) The offender shall register with the sheriff and police chief in each of7
his/her residence(s) and with the sheriff of the parish in which the offender is8
employed and attends school in accordance with R.S. 15:542. and, for For initial9
registration only, the offender shall register on the date of conviction or adjudication10
with the sheriff in the parish of the offender's conviction or adjudication in11
accordance with R.S. 15:542. If the offender lives, works, or attends school in12
Orleans Parish, however, the offender shall register with the New Orleans Police13
Department and not with the sheriff of that parish.14
(3) If the offender is incarcerated as a result of the crime, the offender shall15
provide all information listed in Paragraph (1) of this Section to the Department of16
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within17
ten (10) days prior to release from confinement. The offender shall still appear in18
person at the sheriff's office within three (3) business days of release from19
confinement.20
(4) During the declaration of an emergency, any offender required to register21
who enters an emergency shelter shall, within the first twenty-four (24) hours of22
admittance, notify the management of the facility, the chief of police of the23
municipality, and the sheriff of the parish in which the shelter is located of his sex24
offender status in accordance with R.S. 15:543.2.25
(5) An offender required to register has a duty to provide notice of change26
of address or other registration information to the sheriff of the parish of residence27
within three business days. If the new or additional residence is located in a different28
parish, then offender must register with the sheriff of the parish in which the new or29 HLS 13RS-1113 ORIGINAL
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additional residence is located. The offender shall also send written notice within1
three business days of re-registering in the new parish to the sheriff of the parish of2
former registration in accordance with R.S. 15:542.1.2.3
(6) The offender shall give notice of the crime for which he was convicted,4
his name, address, a physical description, and a photograph to the following in5
accordance with R.S. 15:542(B)(1):6
(a) At least one person in every residence or business within a one-mile7
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area8
of the address of the residence where the offender will reside upon release, including9
all adult residents of the residence of the offender.10
(b) The superintendent of the school district where the offender will reside.11
(c) The lessor, landlord, or owner of the residence or the property on which12
he resides.13
(d) The superintendent of the park, playground, and recreation districts14
within the designated area where the offender will reside only if the victim was under15
eighteen (18) years of age at the time of the commission of the offense.16
*Any person convicted of a violation of R.S. 14:89 shall not have to include17
a photograph in the notice described in Paragraph (6) of this Subsection.18
*Juveniles adjudicated for a crime requiring registration DO NOT have to19
provide this community notice.20
(7) In accordance with R.S. 15:542.1, community notification shall be given21
by mail within twenty-one days of the date of conviction, if the offender is not taken22
into custody at the time of conviction, and within twenty-one days of the date of23
release from confinement if sentenced to a term of imprisonment. This notification24
shall also occur within twenty-one days of each time the offender changes his25
residence within twenty-one days of establishing residency in the new locale. This26
notification shall also occur at least every five years, whether or not the offender27
changes residences. This notification shall occur in each jurisdiction in which the28
offender regularly resides.29 HLS 13RS-1113 ORIGINAL
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*Juveniles adjudicated for a crime requiring registration DO NOT have to1
provide this community notice.2
(8) In accordance with R.S. 15:542.1, community notice shall be published3
on two (2) separate days within this period in the official journal of the governing4
authority of the parish where the offender plans to reside, unless ordered to be5
published in a different journal or newspaper by the sheriff or local ordinance.6
*Those convicted of R.S. 14:92(A)(7) are not required to publish notice in7
the newspaper or official journal as provided in Paragraph (8).8
*Juveniles who are adjudicated for a crime requiring registration DO NOT9
have to provide this community notice.10
(9) In accordance with R.S. 15:542.1(B), an offender who provides11
recreational instruction to persons under the age of seventeen (17) shall post a notice12
in the building or facility where such instruction is being given.13
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days14
prior to release from a correctional facility, provide a photograph and other relevant15
information noted above to the Department of Public Safety and Corrections, or if16
a juvenile, to the office of juvenile justice for purposes of the State Sex Offender and17
Child Predator Registry.18
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of19
residence or establishes a new or additional residence, he shall appear in person at20
the office of the sheriff of his parish of residence where he is currently registered21
within three (3) business days of the change to register the new address. If the new22
address is located in a different parish, then the offender shall also appear in person23
at the office of the sheriff of his new parish of residence within the same time period.24
If the offender's parish of residence is in Orleans Parish, then the registration shall25
take place at the New Orleans Police Department and not with the Orleans Parish26
Sheriff.27
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his28
current address of registration for more than thirty (30) consecutive days or an29 HLS 13RS-1113 ORIGINAL
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aggregate of thirty (30) days or more in a calendar year, and is physically present at1
another address during that same period of time, the offender shall register in person2
the new address as one of his addresses of residence. If the new address is in a3
parish different from his current address, he shall also register in person with the4
sheriff of the new parish within three (3) business days of the tolling of the time5
periods listed. This requirement notwithstanding, the offender shall still notify the6
sheriff of one of his parishes of residence in person if he is to take up temporary7
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded8
that the new registration shall occur.9
(13) The offender shall also appear in person at the office of the sheriff of10
any of his parishes of residence when there is a change in the offender's name, place11
of employment, or enrollment. This appearance shall occur within three (3) business12
days of the change. If the offender's address of residence is in Orleans Parish, this13
registration update shall take place at the New Orleans Police Department and not14
with the Orleans Parish Sheriff's Office.15
(14) The offender shall be prohibited from certain types of employment in16
accordance with R.S. 15:553 for the duration of the registration period. A copy of17
this statute is provided to you with this notification.18
(15) In accordance with R.S. 15:542(C), the offender shall update his19
registration annually on the anniversary of the initial registration by appearing in20
person at the office of each law enforcement agency with which he is required to21
register and shall pay an annual registration fee of sixty dollars ($60.00).22
(16) Failure to comply with any of these registration and notification23
requirements is a felony for which an offender shall be punished by a fine of up to24
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than25
two years nor more than ten years without benefit of parole, probation, or suspension26
of sentence. Upon a second or subsequent conviction, the offender shall be punished27
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor28 HLS 13RS-1113 ORIGINAL
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for not less than five years, nor more than twenty years without benefit of parole,1
probation, or suspension of sentence.2
(17) For those offenders who have been convicted of a sex offense as defined3
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time4
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from5
residing or being present in certain locations. A copy of this statute is provided to6
you with this notification.7
(18) For those offenders who have been convicted of R.S. 14:81 (indecent8
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.9
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)10
or have been convicted of a sex offense as defined in R.S. 15:541 in which the victim11
of the sex offense was a minor, R.S. 14:91.5, which prohibits such offenders from12
using certain social networking websites, is applicable. A copy of this statute is13
provided to you with this notification.14
THUS DONE AND SIGNED this ____ day of _____________, 20___ in15
open court, in_____________, Louisiana.16
______________________________17
Judge, ____ Judicial District Court18
I hereby certify that the above requirements have been explained to me, that19
I have received a copy of the above notice of sex offender registration and20
notification requirements, and a copy of the statutes providing for such requirements.21
I also understand that I will be subject to any changes made by the legislature to the22
registration laws from this day forward.23
____________________________24
(Name of Sex Offender)25
____________________________26
Defense Counsel Signature27 HLS 13RS-1113 ORIGINAL
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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)]
Billiot HB No. 440
Abstract: Provides relative to sex offender registration and notification.
Present law provides that for purposes of sex offender registration and notification,
"residence" shall mean a dwelling where an offender regularly resides, regardless of the
number of days or nights spent there.
Proposed law amends the definition of "residence" to mean a dwelling where the number of
days or nights spent there by an offender exceed 24 days in a calendar year, or any dwelling
where an offender regularly resides, regardless of the number of days or nights spent there.
Present law requires the sex offender to provide certain information to the appropriate law
enforcement agencies when registering as a sex offender including but not limited to the
following:
(1)A description of every vehicle registered to or operated by the offender, including
license plate number and a copy of the offender's driver's license or identification
card.
(2)Temporary lodging information regarding any place where the offender plans to stay
for seven or more days.
Present law requires such information to be provided by the offender within three business
days of establishing residence in Louisiana, or if a current resident, within three business
days after conviction or adjudication, if not immediately incarcerated or taken into custody
after conviction or adjudication.
Proposed law retains these present law time period requirements, but provides that if the
offender is a current residence of Louisiana and is not immediately taken into custody after
conviction or adjudication, he shall provide the information to the sheriff of the parish of
conviction or adjudication on the date of the conviction.
With regard to information on the offender's vehicles, proposed law provides that the
offender shall also provide the vehicle identification number of every motorized vehicle
registered to or operated by him, and provides that all information regarding the offender's
vehicles shall be provided prior to the offender's operation of the vehicle.
With regard to information on temporary lodging, proposed law provides that temporary
lodging information where the offender plans to stay for seven or more days shall be
provided at least three days prior to the date of departure.
Proposed law further provides that temporary lodging information regarding international
travel shall be provided regardless of the number of days or nights the offender plans to stay,
and such information shall be provided at least 21 days prior to the date of departure. This
information shall then be sent by the bureau to the U.S. Marshals Service's National Sex
Offender Targeting Center for transmission to the proper authorities.
Present law authorizes certain persons convicted of crime against nature prior to August 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 HLS 13RS-1113 ORIGINAL
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defined as crime against nature by solicitation had the offender been convicted on or after
August 15, 2010, and the offense did not involve the solicitation of persons under the age
of 17. Present law further provides for the procedure by which such motions are filed.
Proposed law provides for the following relative to such motions:
(1)The district attorney in the parish where the offender was convicted is also
authorized to file such motions.
(2)If the motion is filed by the district attorney, an affidavit establishing that the facts
of the case and the underlying conviction meet the requirements for filing such
motions as set forth in present law, shall be deemed sufficient for the granting of
relief.
(3)Requires the documentation provided in support of such motions to include
documentation establishing that the person being solicited was not under the age of
17.
(4)Provides that the district attorney, the office of state police, and the Department of
Justice shall be served with a copy of any motion seeking, and any order granting,
such relief.
Present law requires the court to provide written notification to any person who is required
to register as a sex offender.
Proposed law amends this written notification form to reflect the changes made by proposed
law.
(Amends R.S. 15:541(22), 542(C)(1)(intro. para.), (j), and (n), (C)(2), and (F)(4)(a), (b), and
(c), 542.1.2(A)(intro. para.), and 543.1)