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Billiot (HB 440) Act No. 408
Existing 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, new law requires the offender to 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, new 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.
New 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 be sent by the bureau to the U.S. Marshals Service's National Sex Offender
Targeting Center for transmission to the proper authorities.
Existing 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.
New law retains these existing 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.
Existing 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.
New law retains existing law and requires sex offenders who live within the jurisdiction of
a municipality with a police department to appear in-person annually at the police department
to update the registration information and to pay the annual registration fee.
Existing 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. Existing law further provides for the procedure by which such motions are filed.
New 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. RESUMEHB440 427 4715
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(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 existing 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 17 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.
Existing law requires the court to provide written notification to any person who is required
to register as a sex offender.
New law amends this written notification form to reflect the changes made by new law.
Effective August 1, 2013.
(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)