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Regular Session, 2014 ENROLLED
SENATE BILL NO. 333
BY SENATOR JOHNS
AN ACT1
To amend and reenact Children's Code Articles 855(B)(7)(f) and (g), 884.1(A)(6) and (7),2
897(B)(1)(c), and 1015(3)(c), Code of Criminal Procedure Articles 571.1 and3
648(B)(3)(g) and (h), R.S. 13:5713(F), R.S. 14: 43.6(A) and (B)(1), 89, and 89.1, and4
R.S. 15:536(A), 537, 541(2)(j) and (l), (24)(a), and (25)(d), 542(A)(3)(f) and (g), and5
571.3(B)(3)(p) and (4)(d) and (e), R.S. 40:1299.34.5(B)(3), (C), and (E),6
1299.35.2(D)(2)(d) and (E), 1299.35.7(B) and (D), and 1300.13(E)(introductory7
paragraph) and (6), and to repeal Children's Code Articles 502(4)(i) and 603(12)(i),8
R.S. 14:2(B)(40), 78 and 78.1, and R.S. 15:571.3(B)(3)(i) and (j), relative to offenses9
affecting sexual immorality; to repeal the crimes of incest and aggravated incest; to10
amend the offense of crime against nature to include the elements and penalties of11
the crime of incest; to amend the offense of aggravated crime against nature to12
include the elements and penalties of the crime of aggravated incest; to amend13
various provisions of law to reflect these changes; to direct the Louisiana State Law14
Institute to revise all other provisions of law which reference incest, aggravated15
incest, crime against nature, or aggravated crime against nature accordingly; and to16
provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. Children's Code Articles 855(B)(7)(f) and (g), 884.1(A)(6) and (7),19
897(B)(1)(c), and 1015(3)(c) are hereby amended and reenacted to read as follows:20
Art. 855. Advice of rights at appearance to answer21
* * *22
B. If the child is capable, the court shall then advise the child of the23
following items in terms understandable to the child:24
* * *25
(7) The possible consequences of his admission that the allegations are true,26
ACT No. 602 SB NO. 333 ENROLLED
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including the maximum and minimal dispositions which the court may impose1
pursuant to Articles 897 through 900. In addition, if the child is fourteen years of2
age or older and the petition charges the child with the perpetration, attempted3
perpetration, or conspiracy to commit any of the following offenses, the court shall4
inform the child that, if he admits to allegations of the petition, or the allegations of5
the petition are found to be true, he may be required to register as a sex offender6
pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and7
the court shall inform the child regarding applicable required registrations and their8
duration:9
* * *10
(f) Aggravated incest crime against nature defined by R.S. 14:89.1(A)(2)11
involving circumstances defined by R.S. 14:78.1 R.S. 15:541 as an aggravated12
offense.13
(g) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).14
* * *15
Art. 884.1. Informing the child of sex offender registration and notification16
requirements; form17
A. When the child has admitted the allegations of the petition or when18
adjudicated delinquent for any of the following offenses, the court shall provide him19
with written notice of the requirements for registration as a sex offender:20
* * *21
(6) Aggravated incest crime against nature defined by R.S. 14:89.1(A)(2)22
involving circumstances defined by R.S. 14:78.1 R.S. 15:541 as an aggravated23
offense.24
(7) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).25
* * *26
Art. 897. Disposition after adjudication of a felony-grade delinquent act27
* * *28
B. As conditions of probation, if ordered pursuant to Subparagraph A(3) of29
this Article:30 SB NO. 333 ENROLLED
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(1) The court shall impose all of the following restrictions:1
* * *2
(c) Prohibit the child from possessing a firearm or carrying a concealed3
weapon, if he has been adjudicated for any of the following offenses and probation4
is not otherwise prohibited: first or second degree murder; manslaughter; aggravated5
battery; aggravated, forcible, or simple rape; aggravated crime against nature as6
defined by R.S. 14:89.1(A)(1); aggravated kidnapping; aggravated arson;7
aggravated or simple burglary; armed or simple robbery; burglary of a pharmacy;8
burglary of an inhabited dwelling; unauthorized entry of an inhabited dwelling; or9
any violation of the Uniform Controlled Dangerous Substances Law which is a10
felony or any crime defined as an attempt to commit one of these enumerated11
offenses.12
* * *13
Art. 1015. Grounds14
The grounds for termination of parental rights are:15
* * *16
(3) Misconduct of the parent toward this child or any other child of the17
parent or any other child which constitutes extreme abuse, cruel and inhuman18
treatment, or grossly negligent behavior below a reasonable standard of human19
decency, including but not limited to the conviction, commission, aiding or abetting,20
attempting, conspiring, or soliciting to commit any of the following:21
* * *22
(c) Aggravated incest crime against nature as defined by R.S.23
14:89.1(A)(2).24
* * *25
Section 2. Code of Criminal Procedure Articles 571.1 and 648(B)(3)(g) and (h) are26
hereby amended and reenacted to read as follows:27
Art. 571.1. Time limitation for certain sex offenses28
Except as provided by Article 572 of this Chapter, the time within which to29
institute prosecution of the following sex offenses, regardless of whether the crime30 SB NO. 333 ENROLLED
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involves force, serious physical injury, death, or is punishable by imprisonment at1
hard labor shall be thirty years: sexual battery (R.S. 14:43.1), second degree sexual2
battery (R.S. 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking (R.S.3
14:46.2(B)(2) or (3)), trafficking of children for sexual purposes (R.S. 14:46.3),4
felony carnal knowledge of a juvenile (R.S. 14:80), indecent behavior with juveniles5
(R.S. 14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a6
juvenile (R.S. 14:81.2), prostitution of persons under eighteen (R.S. 14:82.1),7
enticing persons into prostitution (R.S. 14:86), crime against nature (R.S. 14:89),8
aggravated crime against nature (R.S. 14:89.1), crime against nature by solicitation9
(R.S. 14:89.2(B)(3)), incest (R.S. 14:78), or aggravated incest (R.S. 14:78.1) which10
that involves a victim under seventeen years of age. This thirty-year period begins11
to run when the victim attains the age of eighteen.12
* * *13
Art. 648. Procedure after determination of mental capacity or incapacity14
* * *15
B. * * *16
(3) If, after the hearing, the court determines that the incompetent defendant17
is unlikely in the foreseeable future to be capable of standing trial, the court shall18
order the defendant released or remanded to the custody of the Department of Health19
and Hospitals which, within ten days exclusive of weekends and holidays, may20
institute civil commitment proceedings pursuant to Title 28 of the Louisiana Revised21
Statutes of 1950, or release the defendant. The defendant shall remain in custody22
pending such civil commitment proceedings. If the defendant is committed to a23
treatment facility pursuant to Title 28 of the Louisiana Revised Statutes of 1950, the24
director of the institution designated for the patient's treatment shall, in writing,25
notify the court and the district attorney when the patient is to be discharged or26
conditionally discharged, as long as the charges are pending. If not dismissed without27
prejudice at an earlier trial, charges against an unrestorable incompetent defendant28
shall be dismissed on the date upon which his sentence would have expired had he29
been convicted and received the maximum sentence for the crime charged, or on the30 SB NO. 333 ENROLLED
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date five years from the date of his arrest for such charges, whichever is sooner,1
except for the following charges:2
* * *3
(g) R.S. 14:78 (incest) R.S. 14:89(A)(2) (crime against nature).4
(h) R.S. 14:78.1 (aggravated incest)R.S. 14:89.1(A)(2) (aggravated crime5
against nature).6
* * *7
Section 3. R.S. 13:5713(F) is hereby amended and reenacted to read as follows:8
§5713. Duty to hold autopsies, investigations, etc.9
* * *10
F. The coroner or his designee shall examine all alleged victims of rape,11
carnal knowledge, sexual battery, incest, and crime against nature when such cases12
are under police investigation.13
* * *14
Section 4. R.S. 14:43.6(A) and (B)(1), 89, and 89.1 are hereby amended and15
reenacted to read as follows:16
§43.6. Administration of medroxyprogesterone acetate (MPA) to certain sex17
offenders18
A. Notwithstanding any other provision of law to the contrary, upon a first19
conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43.220
(second degree sexual battery), R.S. 14:78.1 (aggravated incest), R.S. 14:81.2(D)(1)21
(molestation of a juvenile when the victim is under the age of thirteen), and R.S.22
14:89.1 (aggravated crime against nature), the court may sentence the offender to be23
treated with medroxyprogesterone acetate (MPA), according to a schedule of24
administration monitored by the Department of Public Safety and Corrections.25
B.(1) Notwithstanding any other provision of law to the contrary, upon a26
second or subsequent conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.127
(forcible rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:78.1 (aggravated28
incest), R.S. 14:81.2(D)(1) (molestation of a juvenile when the victim is under the29
age of thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court shall30 SB NO. 333 ENROLLED
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sentence the offender to be treated with medroxyprogesterone acetate (MPA)1
according to a schedule of administration monitored by the Department of Public2
Safety and Corrections.3
* * *4
§89. Crime against nature5
A. Crime against nature is the either of the following:6
(1) The unnatural carnal copulation by a human being with another of the7
same sex or opposite sex or with an animal, except that anal sexual intercourse8
between two human beings shall not be deemed as a crime against nature when done9
under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43.10
Emission is not necessary; and, when committed by a human being with another, the11
use of the genital organ of one of the offenders of whatever sex is sufficient to12
constitute the crime.13
(2) The marriage to, or sexual intercourse with, any ascendant or14
descendant, brother or sister, uncle or niece, aunt or nephew, with knowledge15
of their relationship. The relationship must be by consanguinity, but it is16
immaterial whether the parties to the act are related to one another by the17
whole or half blood. The provisions of this Paragraph shall not apply where one18
person, not a resident of this state at the time of the celebration of his marriage,19
contracted a marriage lawful at the place of celebration and thereafter removed20
to this state.21
B.(1) Whoever violates the provisions of commits the offense of crime22
against nature as defined by Paragraph (A)(1) of this Section shall be fined not23
more than two thousand dollars, imprisoned, with or without hard labor, for not more24
than five years, or both.25
(2) Whoever violates the provisions of commits the offense of crime26
against nature as defined by Paragraph (A)(1) of this Section with a person under27
the age of eighteen years shall be fined not more than fifty thousand dollars,28
imprisoned at hard labor for not less than fifteen years nor more than fifty years, or29
both.30 SB NO. 333 ENROLLED
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(3) Whoever violates the provisions of commits the offense of crime1
against nature as defined by Paragraph (A)(1) of this Section with a person under2
the age of fourteen years shall be fined not more than seventy-five thousand dollars,3
imprisoned at hard labor for not less than twenty-five years nor more than fifty years,4
or both.5
(4) Whoever commits the offense of crime against nature as defined by6
Paragraph (A)(2) of this Section, where the crime is between an ascendant and7
descendant, or between brother and sister, shall be imprisoned at hard labor for8
not more than fifteen years.9
(5) Whoever commits the offense of crime against nature as defined by10
Paragraph (A)(2) of this Section, where the crime is between uncle and niece,11
or aunt and nephew, shall be fined not more than one thousand dollars, or12
imprisoned, with or without hard labor, for not more than five years, or both.13
C. It shall be an affirmative defense to prosecution for a violation of14
Paragraph (A)(1) of this Section that, during the time of the alleged commission of15
the offense, the defendant was a victim of trafficking of children for sexual purposes16
as provided in R.S. 14:46.3(E).17
§89.1. Aggravated crime against nature18
A. Aggravated crime against nature is crime against nature either of the19
following:20
(1) An act as defined by R.S. 14:89(A)(1) committed under any one or21
more of the following circumstances:22
(1)(a) When the victim resists the act to the utmost, but such resistance is23
overcome by force ;.24
(2)(b) When the victim is prevented from resisting the act by threats of great25
and immediate bodily harm accompanied by apparent power of execution ;.26
(3)(c) When the victim is prevented from resisting the act because the27
offender is armed with a dangerous weapon; or.28
(4)(d) When through idiocy, imbecility, or any unsoundness of mind, either29
temporary or permanent, the victim is incapable of giving consent and the offender30 SB NO. 333 ENROLLED
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knew or should have known of such incapacity;.1
(5)(e) When the victim is incapable of resisting or of understanding the2
nature of the act, by reason of stupor or abnormal condition of mind produced by a3
narcotic or anesthetic agent, administered by or with the privity of the offender; or4
when he has such incapacity, by reason of a stupor or abnormal condition of mind5
from any cause, and the offender knew or should have known of such incapacity; or.6
(6)(f) When the victim is under the age of seventeen years and the offender7
is at least three years older than the victim.8
(2)(a) The engaging in any prohibited act enumerated in Subparagraph9
(b) of this Paragraph with a person who is under eighteen years of age and who10
is known to the offender to be related to the offender as any of the following11
biological, step, or adoptive relatives: child, grandchild of any degree, brother,12
sister, half-brother, half-sister, uncle, aunt, nephew, or niece.13
(b) The following are prohibited acts under this Paragraph:14
(i) Sexual intercourse, sexual battery, second degree sexual battery,15
carnal knowledge of a juvenile, indecent behavior with juveniles, pornography16
involving juveniles, molestation of a juvenile or a person with a physical or17
mental disability, crime against nature, cruelty to juveniles, parent enticing a18
child into prostitution, or any other involvement of a child in sexual activity19
constituting a crime under the laws of this state.20
(ii) Any lewd fondling or touching of the person of either the child or the21
offender, done or submitted to with the intent to arouse or to satisfy the sexual22
desires of either the child, the offender, or both.23
(c) Consent shall not be a defense to prosecution under the provisions24
of this Paragraph.25
B. Whoever commits the crime of aggravated crime against nature as26
defined by Paragraph (A)(1) of this Section shall be imprisoned at hard labor for27
not less than three nor more than fifteen years, such prison sentence to be without28
benefit of suspension of sentence, probation or parole.29
C.(1) Whoever commits the crime of aggravated crime against nature30 SB NO. 333 ENROLLED
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as defined by Paragraph (A)(2) of this Section shall be fined an amount not to1
exceed fifty thousand dollars, or imprisoned, with or without hard labor, for a2
term not less than five years nor more than twenty years, or both.3
(2) Whoever commits the crime of aggravated crime against nature as4
defined by Paragraph (A)(2) of this Section with a victim under the age of5
thirteen years when the offender is seventeen years of age or older shall be6
punished by imprisonment at hard labor for not less than twenty-five years nor7
more than ninety-nine years. At least twenty-five years of the sentence imposed8
shall be served without benefit of parole, probation, or suspension of sentence.9
(3) Upon completion of the term of imprisonment imposed in accordance10
with Paragraph (2) of this Subsection, the offender shall be monitored by the11
Department of Public Safety and Corrections through the use of electronic12
monitoring equipment for the remainder of his natural life.13
(4) Unless it is determined by the Department of Public Safety and14
Corrections, pursuant to rules adopted in accordance with the provisions of this15
Subsection, that a sexual offender is unable to pay all or any portion of such16
costs, each sexual offender to be electronically monitored shall pay the cost of17
such monitoring.18
(5) The costs attributable to the electronic monitoring of an offender19
who has been determined unable to pay shall be borne by the department if, and20
only to, the degree that sufficient funds are made available for such purpose21
whether by appropriation of state funds or from any other source.22
(6) The Department of Public Safety and Corrections shall develop,23
adopt, and promulgate rules in the manner provided in the Administrative24
Procedure Act that provide for the payment of such costs. Such rules shall25
contain specific guidelines which shall be used to determine the ability of the26
offender to pay the required costs and shall establish the reasonable costs to be27
charged. Such rules may provide for a sliding scale of payment so that an28
offender who is able to pay a portion, but not all, of such costs may be required29
to pay such portion.30 SB NO. 333 ENROLLED
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D.(1) In addition to any sentence imposed under Subsection C of this1
Section, the court shall, after determining the financial resources and future2
ability of the offender to pay, require the offender, if able, to pay the victim's3
reasonable costs of counseling that result from the offense.4
(2) The amount, method, and time of payment shall be determined by5
the court either by ordering that documentation of the offender's financial6
resources and future ability to pay restitution and of the victim's pecuniary loss7
submitted by the victim be included in the presentence investigation and report,8
or the court may receive evidence of the offender's ability to pay and the9
victim's loss at the time of sentencing.10
(3) The court may provide for payment to a victim up to but not in11
excess of the pecuniary loss caused by the offense. The offender may assert any12
defense that he could raise in a civil action for the loss sought to be compensated13
by the restitution order.14
Section 5. R.S. 15:536(A), 537, 541(2)(j) and (l), (24)(a), and (25)(d), 542(A)(3)(f)15
and (g),and 571.3(B)(3)(p) and (4)(d) and (e) are hereby amended and reenacted to read as16
follows:17
§536. Definitions18
A. For purposes of this Chapter, "sexual offender" means a person who has19
violated R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime20
against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual21
battery of the infirm) or any provision of Subpart C of Part II, or Subpart A(1) of Part22
V, of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.23
* * *24
§537. Sentencing of sexual offenders; serial sexual offenders25
A. If a person is convicted of or pleads guilty to, or where adjudication has26
been deferred or withheld for a violation of R.S. 14:78 (incest), R.S. 14:78.127
(aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:8128
(indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles),29
R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental30 SB NO. 333 ENROLLED
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disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:89 (crime1
against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual2
battery of the infirm), or any provision of Subpart C of Part II of Chapter 1 of Title3
14 of the Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for4
a stated number of years or months, the person shall not be eligible for diminution5
of sentence for good behavior.6
B. The court shall sentence a person who has on two or more occasions7
previously pleaded guilty, nolo contendere, or has been found guilty of violating R.S.8
14:42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 78, 78.1, 80, 81, 81.1, 81.2, 89(A)(2),9
89.1, or 107.1(C)(2) to life imprisonment without the benefit of parole, probation,10
or suspension of sentence.11
* * *12
§541. Definitions13
For the purposes of this Chapter, the definitions of terms in this Section shall14
apply:15
* * *16
(2) "Aggravated offense" means a conviction for the perpetration or17
attempted perpetration of, or conspiracy to commit, any of the following:18
* * *19
(j) Aggravated incest (R.S. 14:78.1) crime against nature as defined by20
R.S. 14:89.1(A)(2) involving sexual intercourse, second degree sexual battery, oral21
sexual battery, or when prosecuted under the provisions of R.S. 14:78.1(D)(2)22
14:89.1(C)(2).23
* * *24
(l) Aggravated crime against nature (R.S. 14:89.1(A)(1)).25
* * *26
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,27
or conviction for the perpetration or attempted perpetration of or conspiracy to28
commit human trafficking when prosecuted under the provisions of R.S.29
14:46.2(B)(2) or (3), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S.30 SB NO. 333 ENROLLED
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14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime against nature),1
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:89.2(B)(3) (crime against2
nature by solicitation), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S.3
14:81 (indecent behavior with juveniles), R.S.14:81.1 (pornography involving4
juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or5
mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.6
14:81.4 (prohibited sexual conduct between an educator and student), R.S.7
14:92(A)(7) (contributing to the delinquency of juveniles), R.S. 14:93.5 (sexual8
battery of the infirm), R.S. 14:106(A)(5) (obscenity by solicitation of a person under9
the age of seventeen), R.S. 14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:4210
(aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43 (simple rape), R.S.11
14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual battery), R.S. 14:43.312
(oral sexual battery), R.S. 14:43.5 (intentional exposure to AIDS virus), or a second13
or subsequent conviction of R.S. 14:283.1 (voyeurism), committed on or after June14
18, 1992, or committed prior to June 18, 1992, if the person, as a result of the15
offense, is under the custody of the Department of Public Safety and Corrections on16
or after June 18, 1992. A conviction for any offense provided in this definition17
includes a conviction for the offense under the laws of another state, or military,18
territorial, foreign, tribal, or federal law which is equivalent to an offense provided19
for in this Chapter, unless the tribal court or foreign conviction was not obtained with20
sufficient safeguards for fundamental fairness and due process for the accused as21
provided by the federal guidelines adopted pursuant to the Adam Walsh Child22
Protection and Safety Act of 2006.23
* * *24
(25) "Sexual offense against a victim who is a minor" means a conviction for25
the perpetration or attempted perpetration of, or conspiracy to commit, any of the26
following:27
* * *28
(d) Aggravated incest (R.S. 14:78.1) crime against nature as defined by29
R.S. 14:89.1(A)(2) under the circumstances not listed as those which constitute an30 SB NO. 333 ENROLLED
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"aggravated offense" as defined in this Section.1
* * *2
§542. Registration of sex offenders and child predators3
A. The following persons shall be required to register and provide4
notification as a sex offender or child predator in accordance with the provisions of5
this Chapter:6
* * *7
(3) Any juvenile, who has attained the age of fourteen years at the time of8
commission of the offense, who has been adjudicated delinquent based upon the9
perpetration, attempted perpetration, or conspiracy to commit any of the following10
offenses:11
* * *12
(f) Aggravated incest crime against nature as defined by R.S.13
14:89.1(A)(2) involving circumstances defined by R.S. 15:541 as an "aggravated14
offense" (R.S. 14:78.1).15
(g) Aggravated crime against nature (R.S. 14:89.1(A)(1)).16
* * *17
§571.3. Diminution of sentence for good behavior18
* * *19
B.20
* * *21
(3) A person shall not be eligible for diminution of sentence for good22
behavior if he has been convicted of or pled guilty to, or where adjudication has23
been deferred or withheld for, a violation of any one of the following offenses:24
* * *25
(p) Crime against nature (R.S. 14:89(A)).26
* * *27
(4) Diminution of sentence shall not be allowed an inmate in the custody of28
the Department of Public Safety and Corrections if the inmate has been convicted29
one or more times under the laws of this state, any other state, or the federal30 SB NO. 333 ENROLLED
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government of any one or more of the following crimes or attempts to commit any1
of the following crimes:2
* * *3
(d) Incest Crime against nature as defined by R.S. 14:89(A)(2).4
(e) Aggravated incest crime against nature as defined by R.S.5
14:89.1(A)(2).6
* * *7
Section 6. R.S. 40:1299.34.5(B)(3), (C), and (E), 1299.35.2(D)(2)(d) and (E),8
1299.35.7(B) and (D), and 1300.13(E)(introductory paragraph) and (6) are hereby amended9
and reenacted to read as follows:10
§1299.34.5. Use of public funds 11
* * *12
B. Notwithstanding any other provision of law to the contrary, no public13
funds made available to any institution, board, commission, department, agency,14
official, or employee of the state of Louisiana, or of any local political subdivision15
thereof, whether such funds are made available by the government of the United16
States, the state of Louisiana, or a local governmental subdivision, or from any other17
public source, shall be used in any way for, to assist in, or to provide facilities for an18
abortion, except for any of the following:19
* * *20
(3) Whenever the abortion is being sought to terminate a pregnancy resulting21
from an alleged act of incest crime against nature as defined by R.S. 14:89(A)(2)22
and all of the requirements of R.S. 40:1299.35.7(B) are met.23
C. The secretary of the Department of Health and Hospitals shall promulgate24
rules to insure that no funding of any abortion shall be made based upon a claim of25
rape or incest crime against nature as defined by R.S. 14:89(A)(2) until the26
applicable requirements of R.S. 40:1299.35.7 have been complied with and written27
verification has been obtained from the physician performing the abortion and from28
the law enforcement official to whom the report is made, if applicable.29
* * *30 SB NO. 333 ENROLLED
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words in boldface type and underscored are additions.
E. If Subsections B and C and R.S. 40:1299.35.7 become effective and1
subsequently the federal requirement for acceptance of Medicaid funds, that public2
funds be made available for abortions resulting from pregnancy due to rape or incest3
crime against nature as defined by R.S. 14:89(A)(2), is no longer applicable to the4
state of Louisiana, then on the same day, the provisions of Subsections B and C and5
R.S. 40:1299.35.7 shall be superseded and the provisions of Subsection A shall be6
effective to the fullest extent allowed by law.7
* * *8
§1299.35.2. Abortion by physician; determination of viability; ultrasound test9
required; exceptions; penalties10
* * *11
D. * * *12
(2) Requirements. At least twenty-four hours prior to the woman having any13
part of an abortion performed or induced, and prior to the administration of any14
anesthesia or medication in preparation for the abortion on the woman, the physician15
who is to perform the abortion or a qualified person who is the physician's agent16
shall comply with all of the following requirements:17
* * *18
(d) Prior to the ultrasound, obtain from the pregnant woman a copy of a19
completed, signed, and dated election form. The election form shall be produced and20
made available by the department, and shall state as follows:21
"Ultrasound Before Abortion Notice and Election Form22
Louisiana law requires an ultrasound examination prior to the performance of an23
abortion. By signing below, I certify that I understand the following:24
(1)I have the option to look at or look away from the ultrasound display at any25
time.26
(2)I have the option to listen to the heartbeat of the unborn child that is required27
to be made audible unless I decline by initialing here: ________________.28
(3)I am required by law to hear an oral explanation of the ultrasound images,29
unless I certify below that I am pregnant due to an act of rape or incest crime30 SB NO. 333 ENROLLED
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words in boldface type and underscored are additions.
against nature as defined by R.S. 14:89(A)(2).1
(4)I have the option to ask and receive answers to any questions about the2
images of the unborn child.3
(5)I have the option to ask for an ultrasound photographic print depicting the4
unborn child.5
_____________________ _____________________6
Signature Date7
OPTION FOR WOMEN WHO HAVE FILED LAW ENFORCEMENT REPORTS:8
I certify that I have reported an act of rape or incest crime against nature as defined9
by R.S. 14:89(A)(2) to law enforcement officials, and that I decline to hear an oral10
explanation of the ultrasound images.11
_____________________ _____________________12
Signature Date "13
* * *14
E. Pregnant rape survivors or victims of incest crime against nature as15
defined by R.S. 14:89(A)(2) who have reported the act to law enforcement officials16
shall have the opportunity to opt out of the oral explanation provisions of17
Subparagraph D(D)(2)(b) of this Section, in addition to having the same options to18
view or listen to the required medical information as provided in Paragraph D(D)(3)19
of this Section.20
* * *21
§1299.35.7. Abortion sought due to rape or incest certain acts of crime against22
nature; reporting and certification23
* * *24
B. Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to25
terminate a pregnancy resulting from an alleged act of incest crime against nature26
as defined by R.S. 14:89(A)(2), prior to the abortion all of the following27
requirements shall be met:28
(1) The victim of incest crime against nature as defined by R.S.29
14:89(A)(2) shall report the act of incest to a law enforcement official unless the30 SB NO. 333 ENROLLED
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words in boldface type and underscored are additions.
treating physician certifies in writing that in the physician's professional opinion the1
victim was too physically or psychologically incapacitated to report the incest act.2
(2) The victim certifies that the pregnancy is the result of incest crime3
against nature as defined by R.S. 14;89(A)(2), which certificate shall be witnessed4
by the treating physician.5
* * *6
D. Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to7
terminate a pregnancy resulting from an alleged act of rape or incest crime against8
nature as defined by R.S. 14:89(A)(2), the victim may request spiritual counseling9
and shall be offered the same informed consent information, without the twenty-four-10
hour delay, contained in R.S. 40:1299.35.6(B), prior to the performance of the11
abortion.12
* * *13
§1300.13. HIV-related testing; consent; exceptions14
* * *15
E. The provisions of Subsections A through D of this Section shall not apply16
to the performance of an HIV-related test:17
* * *18
(6) On any person who has been arrested, indicted, or convicted for the19
crimes of aggravated rape, forcible rape, simple rape, or incest crime against nature20
as defined by R.S. 14:89(A)(2) when required by a court to undergo an HIV-related21
test.22
* * *23
Section 7. Children's Code Articles 502(4)(i) and 603(12)(i), R.S. 14:2(B)(40), 78,24
and 78.1, and R.S. 15:571.3(B)(3)(i) and (j) are hereby repealed in their entirety.25
Section 8. The Louisiana State Law Institute is hereby directed to change all26
references in Louisiana law from "incest" to "crime against nature" and from "aggravated27
incest" to "aggravated crime against nature" to reflect the changes made in this Act.28
Section 9. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 333 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: