Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB333 Comm Sub / Analysis

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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)]
Johns	SB No. 333
Present law provides for the crimes of incest, aggravated incest, crime against nature, and
aggravated crime against nature.
Proposed law repeals the crime of incest and places the elements and penalties for the crime
into the offense of crime against nature.
Proposed law repeals the crime of aggravated incest and places the elements and penalties
for the crime into the offense of aggravated crime against nature.
Present law provisions in the Children's Code, the Code of Criminal Procedure, and Titles
13, 14, 15, and 40 of the La. Revised Statutes regarding criminal procedure, sex offender
registration and notification, determination of mental capacity or incapacity, diminution of
sentence, grounds for termination of parental rights, and the use of public funds for certain
purposes reference the present law crimes of incest, aggravated incest, crime against nature,
and aggravated crime against nature.
Proposed law amends these present law provisions to reflect the proposed law placement of
the elements of the crime of incest into the offense of crime against nature and aggravated
incest into the offense of aggravated crime against nature.
Proposed law directs the La. State Law Institute to change all references in La. law from
"incest" to "crime against nature" and from "aggravated incest" to "aggravated crime against
nature" to reflect the changes made in proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 855(B)(7)(f) and (g), 884.1(A)(6) and (7), 897(B)(1)(c), and
1015(3)(c), C.Cr.P. Arts. 571.1 and 648(B)(3)(g) and (h), R.S. 13:5713(F), R.S. 14:43.6(A)
and (B)(1), 89, and 89.1, and R.S. 15:536(A), 537, 541(2)(j) and (l), (24)(a), and (25)(d),
542(A)(3)(f) and (g), and 571.3(B)(3)(p) and (4)(d) and (e), R.S. 40:1299.34.5(B)(3), (C),
and (E), 1299.35.2(D)(2)(d) and (E), 1299.35.7(B) and (D), and 1300.13(E)(6); Repeals
Ch.C. Arts. 502(4)(i) and 603(12)(i), R.S. 14:2(B)(40), 78 and 78.1, and R.S.
15:571.3(B)(3)(i) and (j))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Deletes references to "incest" and "aggravated incest" from additional
provisions of present law.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the reengrossed bill.
1. Amended the proposed law relative to the offenses of crime against nature and
aggravated crime against nature to make changes in the format of the statute.
2. Amended provisions in proposed law and added changes to certain provisions of
present law that reference incest, aggravated incest, crime against nature, and RDCSB333 2697 3775
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aggravated crime against nature to reflect proposed law changes to the these
offenses.
3. Added a provision which directs the La. State Law Institute to change all
references in La. law from "incest" to "crime against nature" and from
"aggravated incest" to "aggravated crime against nature" to reflect the changes
made in proposed law.