Louisiana 2014 Regular Session

Louisiana Senate Bill SB388 Latest Draft

Bill / Chaptered Version

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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	ENROLLED
SENATE BILL NO. 388
BY SENATOR THOMPSON 
AN ACT1
To amend and reenact R.S. 15:562.2, 562.3(B)(2), the introductory paragraph of 562.4(A),2
562.5(A) and (B)(2), and 562.6 and to enact R.S. 15:562.1(3)(i), relative to the3
registration of arson offenders; to provide relative to definitions; to authorize the4
state fire marshal to promulgate rules; to increase the duration of registration for5
certain offenders; to provide relative to the penalties for failure to register; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 15:562.2, 562.3(B)(2), the introductory paragraph of 562.4(A),9
562.5(A) and (B)(2), and 562.6 are hereby amended and reenacted and R.S. 15:562.1(3)(i)10
is hereby enacted to read as follows:11
§562.1.  Definitions12
For the purposes of this Chapter, the following shall apply:13
*          *          *14
(3) "Offense involving arson" includes the following:15
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(i)  Injury by arson (R.S. 14:51.1).17
*          *          *18
§562.2.  Powers and duties of state fire marshal19
A. In addition to any other powers and duties conferred in this Chapter, the20
state fire marshal shall:21
(1) Be responsible for the policy management and administration of the22
registration of persons who commit offenses involving arson to support23
investigations, enforcement and prevention of activities involving arson.24
(2)  Have the authority to enforce the provisions of this Chapter.25
B. The state fire marshal may promulgate rules and regulations in26
accordance with the Administrative Procedure Act to implement the provisions27
ACT No. 140 SB NO. 388	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of this Chapter.1
§562.3.  Registration of arson offenders2
*          *          *3
B.	*          *          *4
(2) Every offender required to register in accordance with this Chapter shall5
appear in person and provide the information required by Paragraph (1) of this6
Subsection to the state fire marshal or his designee within thirty business days of7
establishing residence in Louisiana, or if a current resident, within thirty business8
days after conviction or adjudication if not immediately incarcerated or taken into9
custody after conviction or adjudication. If incarcerated, once released from10
confinement, every offender shall appear in person within thirty business days to11
register with the state fire marshal or his designee pursuant to the provisions of this12
Section.13
*          *          *14
§562.4.  Duty of offenders to notify law enforcement of change of address,15
residence, or other registration information16
A. Those persons required to register pursuant to the provisions of this17
Chapter shall appear in person at the fire marshal's office or his designee's office18
within thirty business days of establishing a new or additional physical residential19
address or of changes in information previously provided when any of the following20
occur:21
*          *          *22
§562.5.  Failure to register; penalties23
A.(1) A person who fails to register, periodically renew and update24
registration, provide proof of residence or notification of change of address25
or other registration information, as required by the provisions of this26
Chapter, and a person who knowingly provides false information to the state27
fire marshal as provided in R.S. 15:562.3(B)(3), shall, upon first conviction,28
be fined not more than five hundred one thousand dollars, imprisoned for29
not more than six months, or both.30 SB NO. 388	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Upon second or subsequent convictions, the offender shall be1
fined one thousand dollars.2
(3) An offender who fails to pay the annual registration fee in3
accordance with the provisions of R.S. 15:562.3 shall be fined not more than4
five hundred dollars. Upon a second or subsequent conviction for the failure5
to pay the annual registration fee, the offender shall be fined not more than6
one thousand dollars.7
B.8
*          *          *9
(2) Any person who fails to provide the notice required by this10
Subsection shall be fined not more than five hundred dollars, imprisoned for11
not more than six months, or both.12
*          *          *13
§562.6.  Duration of registration and notification period14
A person required to register pursuant to the provisions of this Chapter shall15
comply with the requirement for five ten years from the date of initial registration16
for a first offense and for the duration of the lifetime of the offender for a second or17
subsequent offense, unless the underlying conviction is reversed, set aside, or18
vacated.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: