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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. 15:542(C)(1)(introductory paragraph), (j), and (n), (C)(2), and2
(F)(4)(a), (b), and (c), 542.1.2(A)(introductory paragraph), and 543.1, relative to sex3
offender registration and notification requirements; to provide relative to the time4
periods within which the sex offender is required to provide certain information to5
certain entities; to provide relative to the information provided by the sex offender6
with regard to vehicles and temporary lodging; to provide relative to motions for7
relief from registration and notification requirements of certain sex offenders8
convicted of crime against nature; to amend provisions in the written notification of9
sex offender registration and notification requirements provided by the court to the10
offender; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 15:542(C)(1)(introductory paragraph), (j), and (n), (C)(2), and13
(F)(4)(a), (b), and (c), 542.1.2(A)(introductory paragraph), and 543.1 are hereby amended14
and reenacted to read as follows: 15
§542. Registration of sex offenders and child predators16
* * *17
C.(1) The offender shall register and provide all of the following information18
to the appropriate law enforcement agencies listed in Subsection B of this Section19 HLS 13RS-1113 ENGROSSED
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in accordance with the time period periods provided for in Paragraph (2) of this1
Subsection:2
* * *3
(j) A description of every motorized vehicle registered to or operated by the4
offender, including license plate number and vehicle identification number and a5
copy of the offender's driver's license or and identification card. This information6
shall be provided prior to the offender's operation of the vehicle.7
* * *8
(n)(i) Temporary lodging information regarding any place where the9
offender plans to stay for seven or more days. This information shall be provided at10
least three days prior to the date of departure unless an emergency situation has11
prevented the timely disclosure of the information.12
(ii) Temporary lodging information regarding international travel shall be13
provided regardless of the number of days or nights the offender plans to stay. This14
information shall be provided at least twenty-one days prior to the date of departure15
unless an emergency situation has prevented the timely disclosure of the information.16
Upon receipt of this information by the bureau from the law enforcement agency17
pursuant to Subsection E of this Section, this information shall then be sent by the18
bureau to the United States Marshals Service's National Sex Offender Targeting19
Center for transmission to the proper authorities.20
* * *21
(2) Every Unless an earlier time period is specified in the provisions of22
Paragraph (1) of this Subsection, every offender required to register in accordance23
with this Section shall appear in person and provide the information required by24
Paragraph (1) of this Subsection to the appropriate law enforcement agencies within25
three business days of establishing residence in Louisiana, or if. If the offender is26
a current resident of Louisiana and is not immediately taken into custody or27
incarcerated after conviction or adjudication, he shall provide the information on the28
date of conviction to the sheriff of the parish where the offender was convicted or29 HLS 13RS-1113 ENGROSSED
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adjudicated and shall, within three business days after conviction or adjudication,1
provide the information to the sheriff of the parishes of the offender's residence,2
employment, and school if not immediately incarcerated or taken into custody after3
conviction or adjudication. If incarcerated immediately after conviction or placed4
in a secure facility immediately after adjudication, the information required by5
Paragraph (1) of this Subsection shall be provided to the secretary of the Department6
of Public Safety and Corrections, or his designee, or the deputy secretary for youth7
services, or his designee, whichever has custody of the offender, within ten days8
prior to release from confinement. Once released from confinement, every offender9
shall appear in person within three business days to register with the appropriate law10
enforcement agencies pursuant to the provision of this Section. The offender shall11
register with the sheriff of the parish in which the residence address he initially12
supplied to the Department of Public Safety and Corrections is located, unless his13
residence address has changed and he has registered with the sheriff of the parish in14
which his new residence address is located.15
* * *16
F.17
* * *18
(4)(a) Any person who was convicted of crime against nature (R.S. 14:89)19
prior to August 15, 2010, or the district attorney in the parish where the offender was20
convicted, may file a motion in the court of conviction to be relieved relieve the21
offender of the sex offender registration and notification requirements of this Chapter22
if the offense for which the offender was convicted would be defined as crime23
against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or24
after August 15, 2010. Offenders convicted of an offense under the laws of another25
state, or military, territorial, foreign, tribal, or federal law may file a motion in the26
district court of his parish of residence once the administrative procedures of R.S.27
15:542.1.3 have been exhausted, and the elements of the offense of conviction have28
been found to be equivalent to the current definition of crime against nature by29 HLS 13RS-1113 ENGROSSED
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solicitation (R.S. 14:89.2). The provisions of this Subparagraph shall not apply to1
persons whose conviction for crime against nature pursuant to R.S. 14:89 involved2
the solicitation of a person under the age of seventeen and would authorize3
sentencing of the offender pursuant to R.S. 14:89.2(B)(3), had the offender been4
convicted on or after August 15, 2010.5
(b) The motion shall be accompanied by supporting documentation to6
establish that the person was convicted of crime against nature prior to August 15,7
2010, and that the offense for which the offender was convicted would be defined8
as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted9
on or after August 15, 2010. If the motion is filed by the offender and the district10
attorney objects, the district attorney shall have the burden of proof by use of an11
affidavit that the person being solicited was not under the age of seventeen. If the12
motion is filed by the district attorney, an affidavit establishing that the facts of the13
case and the underlying conviction meet these requirements shall be deemed14
sufficient for the granting of relief.15
(c) The If the offender files a motion pursuant to the provisions of this16
Paragraph, the district attorney, office of state police, and the Department of Justice,17
shall be served with a copy of the motion and any order granting relief. If the district18
attorney files a motion pursuant to the provisions of this Paragraph, the office of state19
police and the Department of Justice shall be served with a copy of the motion and20
any order granting relief.21
* * *22
§542.1.2. Duty of offenders to notify law enforcement of change of address,23
residence, or other registration information24
A. Those Unless an earlier time period is otherwise specified in the25
provisions of this Chapter, those persons required to register pursuant to the26
provisions of this Chapter shall appear in person at the sheriff's office in the parish27
of residence, or the police department in the case of a municipality with a population28
in excess of three hundred thousand, where the offender is currently registered to29 HLS 13RS-1113 ENGROSSED
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update information within three business days of establishing a new or additional1
physical residential address or of changes in information previously provided when2
any of the following occur:3
* * *4
§543.1. Written notification by the courts; form to be used5
STATE V. ____________________ JUDICIAL DISTRICT COURT6
DOCKET # __________ PARISH OF ___________________7
DIVISION ______STATE OF LOUISIANA8
Notification to Sex Offender9
In accordance with R.S. 15:543, this court has the duty to provide10
_______________________ (name of offender) with the information necessary for11
awareness of sex offender and child predator registration requirements.12
_______________________ has pled guilty to or been found guilty of a violation of13
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana14
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED15
that ___________________ must register for the period of ___________ from the16
date of his release from prison, from the date of his being placed on parole,17
supervised release or probation, or from the date of his conviction, if the offender is18
not sentenced to a term of imprisonment or jail. Additionally, since19
_________________ (hereinafter referred to as offender) has been convicted of:20
( ) An aggravated offense as defined in R.S. 15:541, the offender must21
update his/her registration, in person, every ninety days from the date of initial22
registration, with the appropriate law enforcement agencies as provided in R.S.23
15:542.24
( ) A sexual offense involving a victim who is a minor as defined in R.S.25
15:541, the offender must update his/her registration, in person, every six months26
from the date of initial registration, with the appropriate law enforcement agencies27
as provided in R.S. 15:542.28 HLS 13RS-1113 ENGROSSED
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( ) An offense not defined in R.S. 15:541 as an aggravated offense or a1
sexual offense involving a victim who is a minor, the offender must update his/her2
registration, in person, annually from the date of initial registration, with the3
appropriate law enforcement agencies as provided in R.S. 15:542.4
Based on the foregoing you are hereby notified of the following:5
(1) The offender, within three (3) business days of establishing residence in6
Louisiana or if a current resident, within three (3) business days after conviction or7
adjudication if not immediately incarcerated or taken into custody, or within three8
(3) business days after release from confinement, shall obtain and provide the9
following information to each sheriff or police department in accordance with R.S.10
15:542(B) (except in Orleans Parish where registration shall take place with the New11
Orleans Police Department):12
(a) Name and any aliases used by the offender.13
(b) Physical address or addresses of residence.14
(c) Name and physical address of place of employment. If the offender does15
not have a fixed place of employment, the offender shall provide information with16
as much specificity as possible regarding the places where he works, including but17
not limited to travel routes used by the offender.18
(d) Name and physical address of the school in which he is a student.19
(e) Two forms of proof of residence for each residential address provided,20
including but not limited to a driver's license, bill for utility service, and bill for21
telephone service. If those forms of proof of residence are not available, the offender22
may provide an affidavit of an adult resident living at the same address. The23
affidavit shall certify that the affiant understands his obligation to provide written24
notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with25
whom the offender last registered when the offender no longer resides at the26
residence provided in the affidavit.27
(f) The crime for which he was convicted and the date and place of such28
conviction, and if known by the offender, the court in which the conviction was29 HLS 13RS-1113 ENGROSSED
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obtained, the docket number of the case, the specific statute under which he was1
convicted, and the sentence imposed.2
(g) A current photograph, fingerprints, palm prints, and a DNA sample.3
(h) Telephone numbers, including fixed location phone and mobile phone4
numbers assigned to the offender or associated with any residence address of the5
offender.6
(i) A description of every motorized vehicle registered to or operated by the7
offender, including license plate number and vehicle identification number and a8
copy of the offender's driver's license or and identification card.9
(j) Social security number and date of birth.10
(k) A description of the physical characteristics of the offender, including but11
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or12
other identifying marks on the body of the offender.13
(l) Every e-mail address, online screen name or other online identity used by14
the offender to communicate on the Internet.15
(m)(i) Temporary lodging information regarding any place where the16
offender plans to stay for seven or more days and the length of the stay. This17
information shall be provided at least three days prior to the date of departure unless18
an emergency situation has prevented the timely disclosure of the information.19
(ii) Temporary lodging information regarding international travel shall be20
provided regardless of the number of days or nights the offender plans to stay. This21
information shall be provided at least twenty-one days prior to the date of departure22
unless an emergency situation has prevented the timely disclosure of the information.23
Upon receipt of this information by the bureau from the law enforcement agency,24
this information shall then be sent by the bureau to the United States Marshals25
Service's National Sex Offender Targeting Center for transmission to the proper26
authorities.27
(n) Travel and immigration documents, including but not limited to passports28
and documents establishing immigration status.29 HLS 13RS-1113 ENGROSSED
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(2) The offender shall register with the sheriff and police chief in each of1
his/her residence(s) and with the sheriff of the parish in which the offender is2
employed and attends school in accordance with R.S. 15:542. and, for For initial3
registration only, the offender shall register on the date of conviction or adjudication4
with the sheriff in the parish of the offender's conviction or adjudication in5
accordance with R.S. 15:542. If the offender lives, works, or attends school in6
Orleans Parish, however, the offender shall register with the New Orleans Police7
Department and not with the sheriff of that parish.8
(3) If the offender is incarcerated as a result of the crime, the offender shall9
provide all information listed in Paragraph (1) of this Section to the Department of10
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within11
ten (10) days prior to release from confinement. The offender shall still appear in12
person at the sheriff's office within three (3) business days of release from13
confinement. The offender shall register with the sheriff of the parish in which the14
residence address he initially supplied to the department is located, unless the15
residence has changed and he has registered with the sheriff of the parish in which16
the new residence address is located.17
(4) During the declaration of an emergency, any offender required to register18
who enters an emergency shelter shall, within the first twenty-four (24) hours of19
admittance, notify the management of the facility, the chief of police of the20
municipality, and the sheriff of the parish in which the shelter is located of his sex21
offender status in accordance with R.S. 15:543.2.22
(5) An offender required to register has a duty to provide notice of change23
of address or other registration information to the sheriff of the parish of residence24
within three business days. If the new or additional residence is located in a different25
parish, then offender must register with the sheriff of the parish in which the new or26
additional residence is located. The offender shall also send written notice within27
three business days of re-registering in the new parish to the sheriff of the parish of28
former registration in accordance with R.S. 15:542.1.2.29 HLS 13RS-1113 ENGROSSED
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(6) The offender shall give notice of the crime for which he was convicted,1
his name, address, a physical description, and a photograph to the following in2
accordance with R.S. 15:542(B)(1):3
(a) At least one person in every residence or business within a one-mile4
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area5
of the address of the residence where the offender will reside upon release, including6
all adult residents of the residence of the offender.7
(b) The superintendent of the school district where the offender will reside.8
(c) The lessor, landlord, or owner of the residence or the property on which9
he resides.10
(d) The superintendent of the park, playground, and recreation districts11
within the designated area where the offender will reside only if the victim was under12
eighteen (18) years of age at the time of the commission of the offense.13
*Any person convicted of a violation of R.S. 14:89 shall not have to include14
a photograph in the notice described in Paragraph (6) of this Subsection.15
*Juveniles adjudicated for a crime requiring registration DO NOT have to16
provide this community notice.17
(7) In accordance with R.S. 15:542.1, community notification shall be given18
by mail within twenty-one days of the date of conviction, if the offender is not taken19
into custody at the time of conviction, and within twenty-one days of the date of20
release from confinement if sentenced to a term of imprisonment. This notification21
shall also occur within twenty-one days of each time the offender changes his22
residence within twenty-one days of establishing residency in the new locale. This23
notification shall also occur at least every five years, whether or not the offender24
changes residences. This notification shall occur in each jurisdiction in which the25
offender regularly resides.26
*Juveniles adjudicated for a crime requiring registration DO NOT have to27
provide this community notice.28 HLS 13RS-1113 ENGROSSED
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(8) In accordance with R.S. 15:542.1, community notice shall be published1
on two (2) separate days within this period in the official journal of the governing2
authority of the parish where the offender plans to reside, unless ordered to be3
published in a different journal or newspaper by the sheriff or local ordinance.4
*Those convicted of R.S. 14:92(A)(7) are not required to publish notice in5
the newspaper or official journal as provided in Paragraph (8).6
*Juveniles who are adjudicated for a crime requiring registration DO NOT7
have to provide this community notice.8
(9) In accordance with R.S. 15:542.1(B), an offender who provides9
recreational instruction to persons under the age of seventeen (17) shall post a notice10
in the building or facility where such instruction is being given.11
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days12
prior to release from a correctional facility, provide a photograph and other relevant13
information noted above to the Department of Public Safety and Corrections, or if14
a juvenile, to the office of juvenile justice for purposes of the State Sex Offender and15
Child Predator Registry.16
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of17
residence or establishes a new or additional residence, he shall appear in person at18
the office of the sheriff of his parish of residence where he is currently registered19
within three (3) business days of the change to register the new address. If the new20
address is located in a different parish, then the offender shall also appear in person21
at the office of the sheriff of his new parish of residence within the same time period.22
If the offender's parish of residence is in Orleans Parish, then the registration shall23
take place at the New Orleans Police Department and not with the Orleans Parish24
Sheriff.25
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his26
current address of registration for more than thirty (30) consecutive days or an27
aggregate of thirty (30) days or more in a calendar year, and is physically present at28
another address during that same period of time, the offender shall register in person29 HLS 13RS-1113 ENGROSSED
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the new address as one of his addresses of residence. If the new address is in a1
parish different from his current address, he shall also register in person with the2
sheriff of the new parish within three (3) business days of the tolling of the time3
periods listed. This requirement notwithstanding, the offender shall still notify the4
sheriff of one of his parishes of residence in person if he is to take up temporary5
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded6
that the new registration shall occur.7
(13) The offender shall also appear in person at the office of the sheriff of8
any of his parishes of residence when there is a change in the offender's name, place9
of employment, or enrollment. This appearance shall occur within three (3) business10
days of the change. If the offender's address of residence is in Orleans Parish, this11
registration update shall take place at the New Orleans Police Department and not12
with the Orleans Parish Sheriff's Office.13
(14) The offender shall be prohibited from certain types of employment in14
accordance with R.S. 15:553 for the duration of the registration period. A copy of15
this statute is provided to you with this notification.16
(15) In accordance with R.S. 15:542(C), the offender shall update his17
registration annually on the anniversary of the initial registration by appearing in18
person at the office of each law enforcement agency with which he is required to19
register and shall pay an annual registration fee of sixty dollars ($60.00).20
(16) Failure to comply with any of these registration and notification21
requirements is a felony for which an offender shall be punished by a fine of up to22
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than23
two years nor more than ten years without benefit of parole, probation, or suspension24
of sentence. Upon a second or subsequent conviction, the offender shall be punished25
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor26
for not less than five years, nor more than twenty years without benefit of parole,27
probation, or suspension of sentence.28 HLS 13RS-1113 ENGROSSED
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(17) For those offenders who have been convicted of a sex offense as defined1
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time2
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from3
residing or being present in certain locations. A copy of this statute is provided to4
you with this notification.5
(18) For those offenders who have been convicted of R.S. 14:81 (indecent6
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.7
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)8
or have been convicted of a sex offense as defined in R.S. 15:541 in which the victim9
of the sex offense was a minor, R.S. 14:91.5, which prohibits such offenders from10
using certain social networking websites, is applicable. A copy of this statute is11
provided to you with this notification.12
THUS DONE AND SIGNED this ____ day of _____________, 20___ in13
open court, in_____________, Louisiana.14
______________________________15
Judge, ____ Judicial District Court16
I hereby certify that the above requirements have been explained to me, that17
I have received a copy of the above notice of sex offender registration and18
notification requirements, and a copy of the statutes providing for such requirements.19
I also understand that I will be subject to any changes made by the legislature to the20
registration laws from this day forward.21
____________________________22
(Name of Sex Offender)23
____________________________24
Defense Counsel Signature25 HLS 13RS-1113 ENGROSSED
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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 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.
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 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. Requires an offender, once released from incarceration, to
register with law enforcement within three days of release.
Proposed law retains these present law time period requirements, but provides that if the
offender is a current resident 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. Requires the offender to register
with the sheriff of the parish in which the residence address provided to the Dept. of Public
Safety and Corrections is located unless his residence has changed and he has registered with
the sheriff of his new residence.
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
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. HLS 13RS-1113 ENGROSSED
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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)Provides that if the motion is filed by the offender and the district attorney objects,
the district attorney has the burden of proof in establishing that the person being
solicited was under the age of seventeen years.
(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. 15:542(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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted proposed law changes to the definition of "residence".
2. Made changes to the registration requirements applicable to offenders released
from incarceration.
3. Made changes to the proof required for motions to relieve a person convicted of
certain offenses involving crime against nature from sex offender registration
requirements.