HLS 14RS-56 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 978
BY REPRESENTATIVE GREENE
CRIME/OBSCENITY: Requires that notice be given to certain persons when certain acts
of obscenity occur near a school
AN ACT1
To enact R.S. 14:106(I), relative to obscenity; to provide relative to certain acts of obscenity2
occurring within a certain distance of school property; to require that notice of the3
act of obscenity be given to the principal and parents of all students at the school; to4
provide for the contents of the notice; to provide for a period of time in which such5
notice shall be provided; to provide for immunity from liability for certain persons;6
and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:106(I) is hereby enacted to read as follows: 9
ยง106. Obscenity10
* * *11
I.(1)(a) When an act of obscenity as defined in Paragraph (A)(1) of this12
Section is reported, the law enforcement agency acting in response to the reported13
incident shall provide notice of the incident to the principal or headmaster of each14
school located within two thousand feet of where the incident occurred. This notice15
shall be provided by the law enforcement agency to the principal or headmaster16
within twenty-four hours of receiving the report of the incident and by any17
reasonable means, including but not limited to live or recorded telephone message18
or electronic mail.19 HLS 14RS-56 ENGROSSED
HB NO. 978
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are additions.
(b) The notice required by the provisions of Subparagraph (a) of this1
Paragraph shall include the date, time, and location of the incident, a brief2
description of the incident, and a brief description of the physical characteristics of3
the alleged offender which may include but shall not be limited to the alleged4
offender's sex, race, hair color, eye color, height, age, and weight.5
(2)(a) Within twenty-four hours of receiving notice of the incident from law6
enforcement pursuant to the provisions of Paragraph (1) of this Subsection, the7
principal or headmaster shall provide notice of the incident to the parents of all8
students enrolled at the school by any reasonable means, including but not limited9
to live or recorded telephone message or electronic mail.10
(b) The notice required by the provisions of Subparagraph (a) of this11
Paragraph shall include the same information required for the notice provided in12
Paragraph (1) of this Subsection to the extent that the information is provided by law13
enforcement to the principal or headmaster of the school.14
(3) When the expiration of the twenty-four-hour period occurs on a weekend15
or holiday, notice shall be provided no later than the end of the next regular school16
day.17
(4) For purposes of this Subsection, "school" means any public or private18
elementary or secondary school in this state, including all facilities of the school19
located within the geographical boundaries of the school property.20
(5) The principal, headmaster, school, owner of the school, operator of the21
school, and the insurer or self-insurance program for the school shall be immune22
from any liability that arises as a result of compliance or non-compliance with this23
Subsection, except for any willful violation of the provisions of this Subsection.24 HLS 14RS-56 ENGROSSED
HB NO. 978
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Greene HB No. 978
Abstract: Requires that notice be given to the principal and the parents of all students at a
school when certain acts of obscenity occur within 2,000 feet of the school.
Present law defines the crime of obscenity to include the intentional exposure of the genitals,
pubic hair, anus, vulva, or female breast nipples in any public place or place open to the
public view, or in any prison or jail, with the intent of arousing sexual desire or which
appeals to prurient interest or is patently offensive.
Proposed law provides that when these acts of obscenity occur within 2,000 feet of a school,
within 24 hours of receiving the report of the incident, the law enforcement agency acting
in response to the reported incident shall notify the principal or headmaster of the school that
the incident occurred.
Proposed law further provides that the notice shall include all of the following: the date,
time, and location of the incident, a brief description of the incident, and a brief description
of the physical characteristics of the alleged offender which may include but shall not be
limited to the alleged offender's sex, race, hair color, eye color, height, age, and weight.
Within 24 hours of receiving notice of the incident from law enforcement, proposed law
requires the principal or headmaster to notify the parents of all students enrolled at the
school.
Proposed law provides that such notice shall include the same information required of the
notice provided by law enforcement to the school to the extent that such information is
included in the notice provided by law enforcement.
Proposed law further provides that the principal, headmaster, school, owner of the school,
operator of the school, and the insurer or self-insurance program for the school shall be
immune from any liability that arises as a result of compliance or non-compliance with
proposed law, except for any willful violation.
Proposed law provides for a definition of "school".
(Adds R.S. 14:106(I))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added provision which requires the notice provided to the parents of students at
the school to include the same information required of the notice provided by law
enforcement to the school to the extent that such information is included in the
notice from law enforcement.
2. Added provision which provides for immunity for certain persons affiliated with
the school from liability which may arise as a result of compliance or non-
compliance with the proposed law notice requirements.