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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 388
BY SENATOR THOMPSON
ARSON. Provides relative to the registration of arson offenders. (8/1/14)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 15:562.2, 562.3(B)(2), the2
introductory paragraph of 562.4(A), and 562.6 and to enact R.S. 15:562.1(3)(i) and3
562.2(B), relative to the registration of arson offenders; to provide relative to4
definitions; to authorize the state fire marshal to promulgate rules; to increase the5
duration of registration for certain offenders; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. The introductory paragraph of R.S. 15:562.2, 562.3(B)(2), the8
introductory paragraph of 562.4(A), and 562.6 are hereby amended and reenacted and R.S.9
15:562.1(3)(i) and 562.2(B) are hereby enacted to read as follows:10
§562.1. Definitions11
For the purposes of this Chapter, the following shall apply:12
* * *13
(3) "Offense involving arson" includes the following:14
* * *15
(i) Injury by arson (R.S. 14:51.1).16
* * *17 SB NO. 388
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§562.2. Powers and duties of state fire marshal1
A. In addition to any other powers and duties conferred in this Chapter, the2
state fire marshal shall:3
* * *4
B. The state fire marshal may promulgate rules and regulations in5
accordance with the Administrative Procedure Act to implement the provisions6
of this Chapter.7
§562.3. Registration of arson offenders8
* * *9
B. * * *10
(2) Every offender required to register in accordance with this Chapter shall11
appear in person and provide the information required by Paragraph (1) of this12
Subsection to the state fire marshal or his designee within thirty business days of13
establishing residence in Louisiana, or if a current resident, within thirty business14
days after conviction or adjudication if not immediately incarcerated or taken into15
custody after conviction or adjudication. If incarcerated, once released from16
confinement, every offender shall appear in person within thirty business days to17
register with the state fire marshal or his designee pursuant to the provisions of this18
Section.19
* * *20
§562.4. Duty of offenders to notify law enforcement of change of address,21
residence, or other registration information22
A. Those persons required to register pursuant to the provisions of this23
Chapter shall appear in person at the fire marshal's office or his designee's office24
within thirty business days of establishing a new or additional physical residential25
address or of changes in information previously provided when any of the following26
occur:27
* * *28
§562.6. Duration of registration and notification period29 SB NO. 388
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A person required to register pursuant to the provisions of this Chapter shall1
comply with the requirement for five ten years from the date of initial registration2
for a first offense and for the duration of the lifetime of the offender for a second or3
subsequent offense, unless the underlying conviction is reversed, set aside, or4
vacated.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Curry Johnson.
DIGEST
Thompson (SB 388)
Present law provides for the definition of "offense involving arson", which includes the
following offenses:
(1)Aggravated arson (R.S. 14:51).
(2)Simple arson (R.S. 14:52).
(3)Simple arson of a religious building (R.S. 14:52.1).
(4)Arson with intent to defraud (R.S. 14:53).
(5)Communicating of false information of planned arson (R.S. 14:54.1).
(6)Manufacture and possession of delayed action incendiary devices (R.S. 14:54.2).
(7)Manufacture and possession of a bomb (R.S. 14:54.3).
(8)Fake explosive device (R.S. 14:54.5).
Proposed law retains present law and adds the offense of injury by arson (R.S. 14:51.1) to
the definition.
Proposed law authorizes the state fire marshal to promulgate rules and regulations in
accordance with the Administrative Procedure Act to implement the provisions of the arson
registry.
Proposed law authorizes the state fire marshal to appoint a designee to fulfill his
responsibilities under the arson registry requirements.
Present law requires a person to register with the state fire marshal for a period of five years
for a first offense.
Proposed law increases the duration requirement for registration from five years to 10 years
from the date of initial registration for a first offense.
Effective August 1, 2014.
(Amends R.S. 15:562.2(intro para), 562.3(B)(2), 562.4(A)(intro para), and 562.6; adds R.S.
15:562.1(3)(i) and 562.2(B))