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ACT No. 408
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.
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
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 ENROLLEDHB NO. 440
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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 sheriffs of the parish where the offender was convicted or29
adjudicated and shall, within three business days after conviction or adjudication,30 ENROLLEDHB NO. 440
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provide the information to the sheriff of the parishes of the offender's residence,1
employment, and school if not immediately incarcerated or taken into custody after2
conviction or adjudication. If incarcerated immediately after conviction or placed3
in a secure facility immediately after adjudication, the information required by4
Paragraph (1) of this Subsection shall be provided to the secretary of the Department5
of Public Safety and Corrections, or his designee, or the deputy secretary for youth6
services, or his designee, whichever has custody of the offender, within ten days7
prior to release from confinement. Once released from confinement, every offender8
shall appear in person within three business days to register with the appropriate law9
enforcement agencies pursuant to the provision of this Section. The offender shall10
register with the sheriff of the parish in which the residence address he initially11
supplied to the Department of Public Safety and Corrections is located, unless his12
residence address has changed and he has registered with the sheriff of the parish in13
which his new residence address is located.14
* * *15
F.16
* * *17
(4)(a) Any person who was convicted of crime against nature (R.S. 14:89)18
prior to August 15, 2010, or the district attorney in the parish where the offender was19
convicted, may file a motion in the court of conviction to be relieved relieve the20
offender of the sex offender registration and notification requirements of this Chapter21
if the offense for which the offender was convicted would be defined as crime22
against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or23
after August 15, 2010. Offenders convicted of an offense under the laws of another24
state, or military, territorial, foreign, tribal, or federal law may file a motion in the25
district court of his parish of residence once the administrative procedures of R.S.26
15:542.1.3 have been exhausted, and the elements of the offense of conviction have27
been found to be equivalent to the current definition of crime against nature by28
solicitation (R.S. 14:89.2). The provisions of this Subparagraph shall not apply to29
persons whose conviction for crime against nature pursuant to R.S. 14:89 involved30 ENROLLEDHB NO. 440
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the solicitation of a person under the age of seventeen and would authorize1
sentencing of the offender pursuant to R.S. 14:89.2(B)(3), had the offender been2
convicted on or after August 15, 2010.3
(b) The motion shall be accompanied by supporting documentation to4
establish that the person was convicted of crime against nature prior to August 15,5
2010, and that the offense for which the offender was convicted would be defined6
as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted7
on or after August 15, 2010. If the motion is filed by the offender and the district8
attorney objects, the district attorney shall have the burden of proof by use of an9
affidavit that the person being solicited was under the age of seventeen. If the10
motion is filed by the district attorney, an affidavit establishing that the facts of the11
case and the underlying conviction meet these requirements shall be deemed12
sufficient for the granting of relief.13
(c) The If the offender files a motion pursuant to the provisions of this14
Paragraph, the district attorney, office of state police, and the Department of Justice,15
shall be served with a copy of the motion and any order granting relief. If the district16
attorney files a motion pursuant to the provisions of this Paragraph, the office of state17
police and the Department of Justice shall be served with a copy of the motion and18
any order granting relief.19
* * *20
§542.1.1. In person periodic renewal of registration by offenders21
* * *22
B.(1) Each periodic renewal shall occur with the sheriff of the parish of23
residence or residences of the offender. Such periodic registration renewals shall24
continue for the period of registration required by the provisions of R.S. 15:544. The25
sheriff of the parish of residence shall immediately forward the information obtained26
through the periodic renewals to each law enforcement agency as provided in R.S.27
15:542(B) and to the bureau for inclusion in the State Sex Offender and Child28
Predator Registry. The sheriff shall also comply with the requirements in R.S.29
15:543(B) at least annually with each offender.30 ENROLLEDHB NO. 440
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(2) Notwithstanding the in-person periodic renewals with the sheriff required1
by the provisions of this Subsection, any offender who lives within the jurisdiction2
of a municipality with a police department shall appear in person annually on the3
anniversary of his registration period start date at the police department in his4
municipality of residence to update his registration and pay the annual registration5
fee as provided in R.S. 15:542 (D).6
§542.1.2. Duty of offenders to notify law enforcement of change of address,7
residence, or other registration information8
A. Those Unless an earlier time period is otherwise specified in the9
provisions of this Chapter, those persons required to register pursuant to the10
provisions of this Chapter shall appear in person at the sheriff's office in the parish11
of residence, or the police department in the case of a municipality with a population12
in excess of three hundred thousand, where the offender is currently registered to13
update information within three business days of establishing a new or additional14
physical residential address or of changes in information previously provided when15
any of the following occur:16
* * *17
§543.1. Written notification by the courts; form to be used18
STATE V. ____________________ JUDICIAL DISTRICT COURT19
DOCKET # __________ PARISH OF ___________________20
DIVISION ______STATE OF LOUISIANA21
Notification to Sex Offender22
In accordance with R.S. 15:543, this court has the duty to provide23
_______________________ (name of offender) with the information necessary for24
awareness of sex offender and child predator registration requirements.25
_______________________ has pled guilty to or been found guilty of a violation of26
R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana27
Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED28
that ___________________ must register for the period of ___________ from the29
date of his release from prison, from the date of his being placed on parole,30 ENROLLEDHB NO. 440
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supervised release or probation, or from the date of his conviction, if the offender is1
not sentenced to a term of imprisonment or jail. Additionally, since2
_________________ (hereinafter referred to as offender) has been convicted of:3
( ) An aggravated offense as defined in R.S. 15:541, the offender must4
update his/her registration, in person, every ninety days from the date of initial5
registration, with the appropriate law enforcement agencies as provided in R.S.6
15:542.7
( ) A sexual offense involving a victim who is a minor as defined in R.S.8
15:541, the offender must update his/her registration, in person, every six months9
from the date of initial registration, with the appropriate law enforcement agencies10
as provided in R.S. 15:542.11
( ) An offense not defined in R.S. 15:541 as an aggravated offense or a12
sexual offense involving a victim who is a minor, the offender must update his/her13
registration, in person, annually from the date of initial registration, with the14
appropriate law enforcement agencies as provided in R.S. 15:542.15
Based on the foregoing you are hereby notified of the following:16
(1) The offender, within three (3) business days of establishing residence in17
Louisiana or if a current resident, within three (3) business days after conviction or18
adjudication if not immediately incarcerated or taken into custody, or within three19
(3) business days after release from confinement, shall obtain and provide the20
following information to each sheriff or police department in accordance with R.S.21
15:542(B) (except in Orleans Parish where registration shall take place with the New22
Orleans Police Department):23
(a) Name and any aliases used by the offender.24
(b) Physical address or addresses of residence.25
(c) Name and physical address of place of employment. If the offender does26
not have a fixed place of employment, the offender shall provide information with27
as much specificity as possible regarding the places where he works, including but28
not limited to travel routes used by the offender.29
(d) Name and physical address of the school in which he is a student.30 ENROLLEDHB NO. 440
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(e) Two forms of proof of residence for each residential address provided,1
including but not limited to a driver's license, bill for utility service, and bill for2
telephone service. If those forms of proof of residence are not available, the offender3
may provide an affidavit of an adult resident living at the same address. The4
affidavit shall certify that the affiant understands his obligation to provide written5
notice pursuant to R.S. 15:542.1.4 to the appropriate law enforcement agency with6
whom the offender last registered when the offender no longer resides at the7
residence provided in the affidavit.8
(f) The crime for which he was convicted and the date and place of such9
conviction, and if known by the offender, the court in which the conviction was10
obtained, the docket number of the case, the specific statute under which he was11
convicted, and the sentence imposed.12
(g) A current photograph, fingerprints, palm prints, and a DNA sample.13
(h) Telephone numbers, including fixed location phone and mobile phone14
numbers assigned to the offender or associated with any residence address of the15
offender.16
(i) A description of every motorized vehicle registered to or operated by the17
offender, including license plate number and vehicle identification number, and a18
copy of the offender's driver's license or and identification card.19
(j) Social security number and date of birth.20
(k) A description of the physical characteristics of the offender, including but21
not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or22
other identifying marks on the body of the offender.23
(l) Every e-mail address, online screen name or other online identity used by24
the offender to communicate on the Internet.25
(m)(i) Temporary lodging information regarding any place where the26
offender plans to stay for seven or more days and the length of the stay. This27
information shall be provided at least three days prior to the date of departure unless28
an emergency situation has prevented the timely disclosure of the information.29 ENROLLEDHB NO. 440
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(ii) Temporary lodging information regarding international travel shall be1
provided regardless of the number of days or nights the offender plans to stay. This2
information shall be provided at least twenty-one days prior to the date of departure3
unless an emergency situation has prevented the timely disclosure of the information.4
Upon receipt of this information by the bureau from the law enforcement agency,5
this information shall then be sent by the bureau to the United States Marshals6
Service's National Sex Offender Targeting Center for transmission to the proper7
authorities.8
(n) Travel and immigration documents, including but not limited to passports9
and documents establishing immigration status.10
(2) The offender shall register with the sheriff and police chief in each of11
his/her residence(s) and with the sheriff of the parish in which the offender is12
employed and attends school in accordance with R.S. 15:542. and, for For initial13
registration only, the offender shall register on the date of conviction or adjudication14
with the sheriff in the parish of the offender's conviction or adjudication in15
accordance with R.S. 15:542. If the offender lives, works, or attends school in16
Orleans Parish, however, the offender shall register with the New Orleans Police17
Department and not with the sheriff of that parish.18
(3) If the offender is incarcerated as a result of the crime, the offender shall19
provide all information listed in Paragraph (1) of this Section to the Department of20
Public Safety and Corrections, or if a juvenile, to the office of juvenile justice, within21
ten (10) days prior to release from confinement. The offender shall still appear in22
person at the sheriff's office within three (3) business days of release from23
confinement. The offender shall register with the sheriff of the parish in which the24
residence address he initially supplied to the department is located, unless the25
residence has changed and he has registered with the sheriff of the parish in which26
the new residence address is located.27
(4) During the declaration of an emergency, any offender required to register28
who enters an emergency shelter shall, within the first twenty-four (24) hours of29
admittance, notify the management of the facility, the chief of police of the30 ENROLLEDHB NO. 440
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municipality, and the sheriff of the parish in which the shelter is located of his sex1
offender status in accordance with R.S. 15:543.2.2
(5) An offender required to register has a duty to provide notice of change3
of address or other registration information to the sheriff of the parish of residence4
within three business days. If the new or additional residence is located in a different5
parish, then offender must register with the sheriff of the parish in which the new or6
additional residence is located. The offender shall also send written notice within7
three business days of re-registering in the new parish to the sheriff of the parish of8
former registration in accordance with R.S. 15:542.1.2.9
(6) The offender shall give notice of the crime for which he was convicted,10
his name, address, a physical description, and a photograph to the following in11
accordance with R.S. 15:542(B)(1):12
(a) At least one person in every residence or business within a one-mile13
radius in a rural area and a three-tenths of a mile radius in an urban or suburban area14
of the address of the residence where the offender will reside upon release, including15
all adult residents of the residence of the offender.16
(b) The superintendent of the school district where the offender will reside.17
(c) The lessor, landlord, or owner of the residence or the property on which18
he resides.19
(d) The superintendent of the park, playground, and recreation districts20
within the designated area where the offender will reside only if the victim was under21
eighteen (18) years of age at the time of the commission of the offense.22
*Any person convicted of a violation of R.S. 14:89 shall not have to include23
a photograph in the notice described in Paragraph (6) of this Subsection.24
*Juveniles adjudicated for a crime requiring registration DO NOT have to25
provide this community notice.26
(7) In accordance with R.S. 15:542.1, community notification shall be given27
by mail within twenty-one days of the date of conviction, if the offender is not taken28
into custody at the time of conviction, and within twenty-one days of the date of29
release from confinement if sentenced to a term of imprisonment. This notification30 ENROLLEDHB NO. 440
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shall also occur within twenty-on e days of each time the offender changes his1
residence within twenty-one days of establishing residency in the new locale. This2
notification shall also occur at least every five years, whether or not the offender3
changes residences. This notification shall occur in each jurisdiction in which the4
offender regularly resides.5
*Juveniles adjudicated for a crime requiring registration DO NOT have to6
provide this community notice.7
(8) In accordance with R.S. 15:542.1, community notice shall be published8
on two (2) separate days within this period in the official journal of the governing9
authority of the parish where the offender plans to reside, unless ordered to be10
published in a different journal or newspaper by the sheriff or local ordinance.11
*Those convicted of R.S. 14:92(A)(7) are not required to publish notice in12
the newspaper or official journal as provided in Paragraph (8).13
*Juveniles who are adjudicated for a crime requiring registration DO NOT14
have to provide this community notice.15
(9) In accordance with R.S. 15:542.1(B), an offender who provides16
recreational instruction to persons under the age of seventeen (17) shall post a notice17
in the building or facility where such instruction is being given.18
(10) In accordance with R.S. 15:543, an offender must, within ten (10) days19
prior to release from a correctional facility, provide a photograph and other relevant20
information noted above to the Department of Public Safety and Corrections, or if21
a juvenile, to the office of juvenile justice for purposes of the State Sex Offender and22
Child Predator Registry.23
(11) In accordance with R.S. 15:542.1.2, if an offender changes his place of24
residence or establishes a new or additional residence, he shall appear in person at25
the office of the sheriff of his parish of residence where he is currently registered26
within three (3) business days of the change to register the new address. If the new27
address is located in a different parish, then the offender shall also appear in person28
at the office of the sheriff of his new parish of residence within the same time period.29
If the offender's parish of residence is in Orleans Parish, then the registration shall30 ENROLLEDHB NO. 440
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take place at the New Orleans Police Department and not with the Orleans Parish1
Sheriff.2
(12) In accordance with R.S. 15:542.1.2, if an offender is absent from his3
current address of registration for more than thirty (30) consecutive days or an4
aggregate of thirty (30) days or more in a calendar year, and is physically present at5
another address during that same period of time, the offender shall register in person6
the new address as one of his addresses of residence. If the new address is in a7
parish different from his current address, he shall also register in person with the8
sheriff of the new parish within three (3) business days of the tolling of the time9
periods listed. This requirement notwithstanding, the offender shall still notify the10
sheriff of one of his parishes of residence in person if he is to take up temporary11
lodging for seven (7) or more days. It is only after the thirty-day limit is exceeded12
that the new registration shall occur.13
(13) The offender shall also appear in person at the office of the sheriff of14
any of his parishes of residence when there is a change in the offender's name, place15
of employment, or enrollment. This appearance shall occur within three (3) business16
days of the change. If the offender's address of residence is in Orleans Parish, this17
registration update shall take place at the New Orleans Police Department and not18
with the Orleans Parish Sheriff's Office.19
(14) The offender shall be prohibited from certain types of employment in20
accordance with R.S. 15:553 for the duration of the registration period. A copy of21
this statute is provided to you with this notification.22
(15) In accordance with R.S. 15:542(C), the offender shall update his23
registration annually on the anniversary of the initial registration by appearing in24
person at the office of each law enforcement agency with which he is required to25
register and shall pay an annual registration fee of sixty dollars ($60.00).26
(16) Failure to comply with any of these registration and notification27
requirements is a felony for which an offender shall be punished by a fine of up to28
one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than29
two years nor more than ten years without benefit of parole, probation, or suspension30 ENROLLEDHB NO. 440
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of sentence. Upon a second or subsequent conviction, the offender shall be punished1
by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor2
for not less than five years, nor more than twenty years without benefit of parole,3
probation, or suspension of sentence.4
(17) For those offenders who have been convicted of a sex offense as defined5
in R.S. 15:541 involving a victim who was under the age of thirteen (13) at the time6
of the offense, R.S. 14:91.2 is applicable which prohibits such offenders from7
residing or being present in certain locations. A copy of this statute is provided to8
you with this notification.9
(18) For those offenders who have been convicted of R.S. 14:81 (indecent10
behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S.11
14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism)12
or have been convicted of a sex offense as defined in R.S. 15:541 in which the victim13
of the sex offense was a minor, R.S. 14:91.5, which prohibits such offenders from14
using certain social networking websites, is applicable. A copy of this statute is15
provided to you with this notification.16
THUS DONE AND SIGNED this ____ day of _____________, 20___ in17
open court, in_____________, Louisiana.18
______________________________19
Judge, ____ Judicial District Court20 ENROLLEDHB NO. 440
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I hereby certify that the above requirements have been explained to me, that1
I have received a copy of the above notice of sex offender registration and2
notification requirements, and a copy of the statutes providing for such requirements.3
I also understand that I will be subject to any changes made by the legislature to the4
registration laws from this day forward.5
____________________________6
(Name of Sex Offender)7
____________________________8
Defense Counsel Signature9
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: