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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), and (2), and2
(F)(4)(a), (b), and (c), 542.1.1(B), 542.1.2(A)(introductory paragraph), and 543.1,3
relative to sex offender registration and notification requirements; to provide relative4
to the time periods within which the sex offender is required to provide certain5
information to certain entities; to provide relative to the information provided by the6
sex offender with regard to vehicles and temporary lodging; to provide relative to7
motions for relief from registration and notification requirements of certain sex8
offenders convicted of crime against nature; to amend provisions in the written9
notification of sex offender registration and notification requirements provided by10
the court to the 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), and (2), and13
(F)(4)(a), (b), and (c), 542.1.1(B), 542.1.2(A)(introductory paragraph), and 543.1 are hereby14
amended and reenacted to read as follows: 15
§542. Registration of sex offenders and child predators16
* * *17 HLS 13RS-1113 REENGROSSED
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C.(1) The offender shall register and provide all of the following information1
to the appropriate law enforcement agencies listed in Subsection B of this Section2
in accordance with the time period periods provided for in Paragraph (2) of this3
Subsection:4
* * *5
(j) A description of every motorized vehicle registered to or operated by the6
offender, including license plate number and vehicle identification number and a7
copy of the offender's driver's license or and identification card. This information8
shall be provided prior to the offender's operation of the vehicle.9
* * *10
(n)(i) Temporary lodging information regarding any place where the11
offender plans to stay for seven or more days. This information shall be provided at12
least three days prior to the date of departure unless an emergency situation has13
prevented the timely disclosure of the information.14
(ii) Temporary lodging information regarding international travel shall be15
provided regardless of the number of days or nights the offender plans to stay. This16
information shall be provided at least twenty-one days prior to the date of departure17
unless an emergency situation has prevented the timely disclosure of the information.18
Upon receipt of this information by the bureau from the law enforcement agency19
pursuant to Subsection E of this Section, this information shall then be sent by the20
bureau to the United States Marshals Service's National Sex Offender Targeting21
Center for transmission to the proper authorities.22
* * *23
(2) Every Unless an earlier time period is specified in the provisions of24
Paragraph (1) of this Subsection, every offender required to register in accordance25
with this Section shall appear in person and provide the information required by26
Paragraph (1) of this Subsection to the appropriate law enforcement agencies within27
three business days of establishing residence in Louisiana, or if. If the offender is28
a current resident of Louisiana and is not immediately taken into custody or29 HLS 13RS-1113 REENGROSSED
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incarcerated after conviction or adjudication, he shall provide the information on the1
date of conviction to the sheriff of the parish where the offender was convicted or2
adjudicated and shall, within three business days after conviction or adjudication,3
provide the information to the sheriff of the parishes of the offender's residence,4
employment, and school if not immediately incarcerated or taken into custody after5
conviction or adjudication. If incarcerated immediately after conviction or placed6
in a secure facility immediately after adjudication, the information required by7
Paragraph (1) of this Subsection shall be provided to the secretary of the Department8
of Public Safety and Corrections, or his designee, or the deputy secretary for youth9
services, or his designee, whichever has custody of the offender, within ten days10
prior to release from confinement. Once released from confinement, every offender11
shall appear in person within three business days to register with the appropriate law12
enforcement agencies pursuant to the provision of this Section. The offender shall13
register with the sheriff of the parish in which the residence address he initially14
supplied to the Department of Public Safety and Corrections is located, unless his15
residence address has changed and he has registered with the sheriff of the parish in16
which his new residence address is located.17
* * *18
F.19
* * *20
(4)(a) Any person who was convicted of crime against nature (R.S. 14:89)21
prior to August 15, 2010, or the district attorney in the parish where the offender was22
convicted, may file a motion in the court of conviction to be relieved relieve the23
offender of the sex offender registration and notification requirements of this Chapter24
if the offense for which the offender was convicted would be defined as crime25
against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or26
after August 15, 2010. Offenders convicted of an offense under the laws of another27
state, or military, territorial, foreign, tribal, or federal law may file a motion in the28
district court of his parish of residence once the administrative procedures of R.S.29 HLS 13RS-1113 REENGROSSED
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15:542.1.3 have been exhausted, and the elements of the offense of conviction have1
been found to be equivalent to the current definition of crime against nature by2
solicitation (R.S. 14:89.2). The provisions of this Subparagraph shall not apply to3
persons whose conviction for crime against nature pursuant to R.S. 14:89 involved4
the solicitation of a person under the age of seventeen and would authorize5
sentencing of the offender pursuant to R.S. 14:89.2(B)(3), had the offender been6
convicted on or after August 15, 2010.7
(b) The motion shall be accompanied by supporting documentation to8
establish that the person was convicted of crime against nature prior to August 15,9
2010, and that the offense for which the offender was convicted would be defined10
as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted11
on or after August 15, 2010. If the motion is filed by the offender and the district12
attorney objects, the district attorney shall have the burden of proof by use of an13
affidavit that the person being solicited was not under the age of seventeen. If the14
motion is filed by the district attorney, an affidavit establishing that the facts of the15
case and the underlying conviction meet these requirements shall be deemed16
sufficient for the granting of relief.17
(c) The If the offender files a motion pursuant to the provisions of this18
Paragraph, the district attorney, office of state police, and the Department of Justice,19
shall be served with a copy of the motion and any order granting relief. If the district20
attorney files a motion pursuant to the provisions of this Paragraph, the office of state21
police and the Department of Justice shall be served with a copy of the motion and22
any order granting relief.23
* * *24
§542.1.1. In person periodic renewal of registration by offenders25
* * *26
B.(1) Each periodic renewal shall occur with the sheriff of the parish of27
residence or residences of the offender. Such periodic registration renewals shall28
continue for the period of registration required by the provisions of R.S. 15:544. The29 HLS 13RS-1113 REENGROSSED
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sheriff of the parish of residence shall immediately forward the information obtained1
through the periodic renewals to each law enforcement agency as provided in R.S.2
15:542(B) and to the bureau for inclusion in the State Sex Offender and Child3
Predator Registry. The sheriff shall also comply with the requirements in R.S.4
15:543(B) at least annually with each offender.5
(2) Notwithstanding the in-person periodic renewals with the sheriff required6
by the provisions of this Subsection, any offender who lives within the jurisdiction7
of a municipality with a police department shall appear in-person annually on the8
anniversary of his registration period start date at the police department in his9
municipality of residence to update his registration and pay the annual registration10
fee as provided in R.S. 15:542 (D).11
§542.1.2. Duty of offenders to notify law enforcement of change of address,12
residence, or other registration information13
A. Those Unless an earlier time period is otherwise specified in the14
provisions of this Chapter, those persons required to register pursuant to the15
provisions of this Chapter shall appear in person at the sheriff's office in the parish16
of residence, or the police department in the case of a municipality with a population17
in excess of three hundred thousand, where the offender is currently registered to18
update information within three business days of establishing a new or additional19
physical residential address or of changes in information previously provided when20
any of the following occur:21
* * *22
§543.1. Written notification by the courts; form to be used23
STATE V. ____________________ JUDICIAL DISTRICT COURT24
DOCKET # __________ PARISH OF ___________________25
DIVISION ______STATE OF LOUISIANA26
Notification to Sex Offender27
In accordance with R.S. 15:543, this court has the duty to provide28
_______________________ (name of offender) with the information necessary for29 HLS 13RS-1113 REENGROSSED
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awareness of sex offender and child predator registration requirements.1
_______________________ has pled guilty to or been found guilty of a violation of2
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana3
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED4
that ___________________ must register for the period of ___________ from the5
date of his release from prison, from the date of his being placed on parole,6
supervised release or probation, or from the date of his conviction, if the offender is7
not sentenced to a term of imprisonment or jail. Additionally, since8
_________________ (hereinafter referred to as offender) has been convicted of:9
( ) An aggravated offense as defined in R.S. 15:541, the offender must10
update his/her registration, in person, every ninety days from the date of initial11
registration, with the appropriate law enforcement agencies as provided in R.S.12
15:542.13
( ) A sexual offense involving a victim who is a minor as defined in R.S.14
15:541, the offender must update his/her registration, in person, every six months15
from the date of initial registration, with the appropriate law enforcement agencies16
as provided in R.S. 15:542.17
( ) An offense not defined in R.S. 15:541 as an aggravated offense or a18
sexual offense involving a victim who is a minor, the offender must update his/her19
registration, in person, annually from the date of initial registration, with the20
appropriate law enforcement agencies as provided in R.S. 15:542.21
Based on the foregoing you are hereby notified of the following:22
(1) The offender, within three (3) business days of establishing residence in23
Louisiana or if a current resident, within three (3) business days after conviction or24
adjudication if not immediately incarcerated or taken into custody, or within three25
(3) business days after release from confinement, shall obtain and provide the26
following information to each sheriff or police department in accordance with R.S.27 HLS 13RS-1113 REENGROSSED
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15:542(B) (except in Orleans Parish where registration shall take place with the New1
Orleans Police Department):2
(a) Name and any aliases used by the offender.3
(b) Physical address or addresses of residence.4
(c) Name and physical address of place of employment. If the offender does5
not have a fixed place of employment, the offender shall provide information with6
as much specificity as possible regarding the places where he works, including but7
not limited to travel routes used by the offender.8
(d) Name and physical address of the school in which he is a student.9
(e) Two forms of proof of residence for each residential address provided,10
including but not limited to a driver's license, bill for utility service, and bill for11
telephone service. If those forms of proof of residence are not available, the offender12
may provide an affidavit of an adult resident living at the same address. The13
affidavit shall certify that the affiant understands his obligation to provide written14
notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with15
whom the offender last registered when the offender no longer resides at the16
residence provided in the affidavit.17
(f) The crime for which he was convicted and the date and place of such18
conviction, and if known by the offender, the court in which the conviction was19
obtained, the docket number of the case, the specific statute under which he was20
convicted, and the sentence imposed.21
(g) A current photograph, fingerprints, palm prints, and a DNA sample.22
(h) Telephone numbers, including fixed location phone and mobile phone23
numbers assigned to the offender or associated with any residence address of the24
offender.25
(i) A description of every motorized vehicle registered to or operated by the26
offender, including license plate number and vehicle identification number and a27
copy of the offender's driver's license or and identification card.28
(j) Social security number and date of birth.29 HLS 13RS-1113 REENGROSSED
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(k) A description of the physical characteristics of the offender, including but1
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or2
other identifying marks on the body of the offender.3
(l) Every e-mail address, online screen name or other online identity used by4
the offender to communicate on the Internet.5
(m)(i) Temporary lodging information regarding any place where the6
offender plans to stay for seven or more days and the length of the stay. This7
information shall be provided at least three days prior to the date of departure unless8
an emergency situation has prevented the timely disclosure of the information.9
(ii) Temporary lodging information regarding international travel shall be10
provided regardless of the number of days or nights the offender plans to stay. This11
information shall be provided at least twenty-one days prior to the date of departure12
unless an emergency situation has prevented the timely disclosure of the information.13
Upon receipt of this information by the bureau from the law enforcement agency,14
this information shall then be sent by the bureau to the United States Marshals15
Service's National Sex Offender Targeting Center for transmission to the proper16
authorities.17
(n) Travel and immigration documents, including but not limited to passports18
and documents establishing immigration status.19
(2) The offender shall register with the sheriff and police chief in each of20
his/her residence(s) and with the sheriff of the parish in which the offender is21
employed and attends school in accordance with R.S. 15:542. and, for For initial22
registration only, the offender shall register on the date of conviction or adjudication23
with the sheriff in the parish of the offender's conviction or adjudication in24
accordance with R.S. 15:542. If the offender lives, works, or attends school in25
Orleans Parish, however, the offender shall register with the New Orleans Police26
Department and not with the sheriff of that parish.27
(3) If the offender is incarcerated as a result of the crime, the offender shall28
provide all information listed in Paragraph (1) of this Section to the Department of29 HLS 13RS-1113 REENGROSSED
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Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within1
ten (10) days prior to release from confinement. The offender shall still appear in2
person at the sheriff's office within three (3) business days of release from3
confinement. The offender shall register with the sheriff of the parish in which the4
residence address he initially supplied to the department is located, unless the5
residence has changed and he has registered with the sheriff of the parish in which6
the new residence address is located.7
(4) During the declaration of an emergency, any offender required to register8
who enters an emergency shelter shall, within the first twenty-four (24) hours of9
admittance, notify the management of the facility, the chief of police of the10
municipality, and the sheriff of the parish in which the shelter is located of his sex11
offender status in accordance with R.S. 15:543.2.12
(5) An offender required to register has a duty to provide notice of change13
of address or other registration information to the sheriff of the parish of residence14
within three business days. If the new or additional residence is located in a different15
parish, then offender must register with the sheriff of the parish in which the new or16
additional residence is located. The offender shall also send written notice within17
three business days of re-registering in the new parish to the sheriff of the parish of18
former registration in accordance with R.S. 15:542.1.2.19
(6) The offender shall give notice of the crime for which he was convicted,20
his name, address, a physical description, and a photograph to the following in21
accordance with R.S. 15:542(B)(1):22
(a) At least one person in every residence or business within a one-mile23
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area24
of the address of the residence where the offender will reside upon release, including25
all adult residents of the residence of the offender.26
(b) The superintendent of the school district where the offender will reside.27
(c) The lessor, landlord, or owner of the residence or the property on which28
he resides.29 HLS 13RS-1113 REENGROSSED
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(d) The superintendent of the park, playground, and recreation districts1
within the designated area where the offender will reside only if the victim was under2
eighteen (18) years of age at the time of the commission of the offense.3
*Any person convicted of a violation of R.S. 14:89 shall not have to include4
a photograph in the notice described in Paragraph (6) of this Subsection.5
*Juveniles adjudicated for a crime requiring registration DO NOT have to6
provide this community notice.7
(7) In accordance with R.S. 15:542.1, community notification shall be given8
by mail within twenty-one days of the date of conviction, if the offender is not taken9
into custody at the time of conviction, and within twenty-one days of the date of10
release from confinement if sentenced to a term of imprisonment. This notification11
shall also occur within twenty-one days of each time the offender changes his12
residence within twenty-one days of establishing residency in the new locale. This13
notification shall also occur at least every five years, whether or not the offender14
changes residences. This notification shall occur in each jurisdiction in which the15
offender regularly resides.16
*Juveniles adjudicated for a crime requiring registration DO NOT have to17
provide this community notice.18
(8) In accordance with R.S. 15:542.1, community notice shall be published19
on two (2) separate days within this period in the official journal of the governing20
authority of the parish where the offender plans to reside, unless ordered to be21
published in a different journal or newspaper by the sheriff or local ordinance.22
*Those convicted of R.S. 14:92(A)(7) are not required to publish notice in23
the newspaper or official journal as provided in Paragraph (8).24
*Juveniles who are adjudicated for a crime requiring registration DO NOT25
have to provide this community notice.26
(9) In accordance with R.S. 15:542.1(B), an offender who provides27
recreational instruction to persons under the age of seventeen (17) shall post a notice28
in the building or facility where such instruction is being given.29 HLS 13RS-1113 REENGROSSED
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(10) In accordance with R.S. 15:543, an offender must, within ten (10) days1
prior to release from a correctional facility, provide a photograph and other relevant2
information noted above to the Department of Public Safety and Corrections, or if3
a juvenile, to the office of juvenile justice for purposes of the State Sex Offender and4
Child Predator Registry.5
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of6
residence or establishes a new or additional residence, he shall appear in person at7
the office of the sheriff of his parish of residence where he is currently registered8
within three (3) business days of the change to register the new address. If the new9
address is located in a different parish, then the offender shall also appear in person10
at the office of the sheriff of his new parish of residence within the same time period.11
If the offender's parish of residence is in Orleans Parish, then the registration shall12
take place at the New Orleans Police Department and not with the Orleans Parish13
Sheriff.14
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his15
current address of registration for more than thirty (30) consecutive days or an16
aggregate of thirty (30) days or more in a calendar year, and is physically present at17
another address during that same period of time, the offender shall register in person18
the new address as one of his addresses of residence. If the new address is in a19
parish different from his current address, he shall also register in person with the20
sheriff of the new parish within three (3) business days of the tolling of the time21
periods listed. This requirement notwithstanding, the offender shall still notify the22
sheriff of one of his parishes of residence in person if he is to take up temporary23
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded24
that the new registration shall occur.25
(13) The offender shall also appear in person at the office of the sheriff of26
any of his parishes of residence when there is a change in the offender's name, place27
of employment, or enrollment. This appearance shall occur within three (3) business28
days of the change. If the offender's address of residence is in Orleans Parish, this29 HLS 13RS-1113 REENGROSSED
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registration update shall take place at the New Orleans Police Department and not1
with the Orleans Parish Sheriff's Office.2
(14) The offender shall be prohibited from certain types of employment in3
accordance with R.S. 15:553 for the duration of the registration period. A copy of4
this statute is provided to you with this notification.5
(15) In accordance with R.S. 15:542(C), the offender shall update his6
registration annually on the anniversary of the initial registration by appearing in7
person at the office of each law enforcement agency with which he is required to8
register and shall pay an annual registration fee of sixty dollars ($60.00).9
(16) Failure to comply with any of these registration and notification10
requirements is a felony for which an offender shall be punished by a fine of up to11
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than12
two years nor more than ten years without benefit of parole, probation, or suspension13
of sentence. Upon a second or subsequent conviction, the offender shall be punished14
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor15
for not less than five years, nor more than twenty years without benefit of parole,16
probation, or suspension of sentence.17
(17) For those offenders who have been convicted of a sex offense as defined18
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time19
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from20
residing or being present in certain locations. A copy of this statute is provided to21
you with this notification.22
(18) For those offenders who have been convicted of R.S. 14:81 (indecent23
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.24
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)25
or have been convicted of a sex offense as defined in R.S. 15:541 in which the victim26
of the sex offense was a minor, R.S. 14:91.5, which prohibits such offenders from27
using certain social networking websites, is applicable. A copy of this statute is28
provided to you with this notification.29 HLS 13RS-1113 REENGROSSED
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THUS DONE AND SIGNED this ____ day of _____________, 20___ in1
open court, in_____________, Louisiana.2
______________________________3
Judge, ____ Judicial District Court4
I hereby certify that the above requirements have been explained to me, that5
I have received a copy of the above notice of sex offender registration and6
notification requirements, and a copy of the statutes providing for such requirements.7
I also understand that I will be subject to any changes made by the legislature to the8
registration laws from this day forward.9
____________________________10
(Name of Sex Offender)11
____________________________12
Defense Counsel Signature13
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 sex offenders 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. HLS 13RS-1113 REENGROSSED
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are additions.
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 requires sex offenders to provide periodic renewals of registration information
to the sheriff of the parish of residence, and further requires sex offenders to pay an annual
registration fee of $60 for the cost of maintaining the record of the offender.
Proposed law retains present law and requires sex offenders who live within the jurisdiction
of a municipality with a police department to appear in-person annually to update their
registration and to pay the annual registration fee.
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.
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. HLS 13RS-1113 REENGROSSED
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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), and (2), and (F)(4)(a), (b), and (c),
542.1.1(B), 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.
House Floor Amendments to the engrossed bill.
1. Required certain sex offenders to appear annually before the local municipal
police department to update registration information and to pay the annual
registration fee.