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)]
HB 139 Engrossed 2015 Regular Session Hodges
Abstract: Changes references of "aggravated rape" to "first degree rape", of "forcible rape" to
"second degree rape", and of "simple rape" to "third degree rape".
Present law provides for the crimes of aggravated rape, forcible rape, and simple rape. Proposed law does all of the following:
(1)Retains the elements and penalties of the present law crimes of aggravated rape, forcible
rape, and simple rape.
(2)Provides that any reference to the crime of "aggravated rape" is the same as a reference to the
crime of "first degree rape", any reference to the crime of "forcible rape" is the same as a
reference to the crime of "second degree rape", and any reference to the crime of "simple
rape" is the same as a reference to the crime of "third degree rape".
(3)Amends provisions in the Children's Code, the Code of Criminal Procedure, the Code of
Evidence, and Titles 13, 14, 15, 40, and 48 of the La. R.S. of 1950 regarding juvenile court
jurisdiction, procedure, and disposition, criminal procedure, criminal sentencing, sex
offender registration and notification, diminution of sentence, parole, inmate participation
in work-release programs, court costs, and medical testing to reflect the proposed law change
in reference of "aggravated rape" to "first degree rape", of "forcible rape" to "second degree
rape", and of "simple rape" to "third degree rape".
(4)Provides that nothing in proposed law alleviates any person arrested, convicted, or
adjudicated delinquent of present law aggravated rape, forcible rape, or simple rape prior to
the effective date of proposed law from any requirement, obligation, or consequence imposed
by law as a result of that arrest, conviction, or adjudication including but not limited to any
requirements regarding the setting of bail, sex offender registration and notification, parental
rights, probation, parole, sentencing, or any other requirement, obligation, or consequence
imposed by law as a result of that arrest, conviction, or adjudication.
(Amends R.S. 14:2(B)(9), (10), and (11), 30(A)(1), 30.1(A)(2), 32.6(A)(2), 42(A)(intro. para.) and
(D)(1), 42.1(A)(intro. para.) and (B), 43(A)(intro. para.) and (B), 43.6(A) and (B)(1), 50.2, and
107.2(A), R.S. 15:302, 469.1, 541(2)(a), (b), and (c) and (24)(a), 542(A)(2) and (3)(a) and (b),
571.3(B)(3)(b), (c), and (d), 574.4(D)(1)(h), 708(C), 711(G)(1), 811(C) and (E), 831(D), 832(C)(2),
833(B)(3), 833.2(B), 893.1(1), and 1111(I)(1), R.S. 13:2106(B), R.S. 40:1300.13(E)(6), R.S.
48:261(E)(2), C.Cr.P. Arts. 336.1, 465(A)(39) and (40), 571, 814(A)(8), (8.1), (9), (10), (11), (12),
and (13), 890.1(D)(9), (10), and (11), 893.3(E)(1)(b), and 905.4(A)(1) and (3), C.E. Art. 412.1, and
Ch.C. Arts. 305(A)(1)(intro. para.) and (b), (B)(1)(intro. para.) and (b) and (2)(f) and (g),
855(B)(7)(a) and (b), 857(A)(4) and (8) and (C), 858(B), 879(B)(2), 884.1(A)(1) and (2),
897(B)(1)(c), 897.1(A), and 901(E); Adds R.S. 14:42(E), 42.1(C), and 43(C))