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.
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. 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.