RÉSUMÉ DIGEST
ACT 184 (HB 139) 2015 Regular Session Hodges
Prior law provided for the crimes of aggravated rape, forcible rape, and simple rape.
New law does all of the following:
(1)Retains the elements and penalties of the prior 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 new 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 any act in violation of the provisions of any rape statute (aggravated
rape, forcible rape, or simple rape) committed on or after August 1, 2015, shall be
referred to using the terminology provided by new law (first degree rape, second
degree rape, or third degree rape, respectively).
(5)Provides that nothing in new law alleviates any person arrested, convicted, or
adjudicated delinquent of prior law aggravated rape, forcible rape, or simple rape
prior to the effective date of new 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.
Effective August 1, 2015.
(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))