HLS 16RS-1726 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 962
BY REPRESENTATIVE SMITH
CRIMINAL/RECORDS: Provides relative to a registry of persons convicted of certain
domestic violence offenses
1 AN ACT
2To enact Chapter 6-D of Title 15 of the Louisiana Revised Statutes of 1950, comprised of
3 R.S. 15:671 through 677, relative to domestic violence; to require registration of
4 certain offenders who commit certain crimes involving domestic violence; to provide
5 definitions; to provide for the creation of a central registry; to provide for the
6 transmission of registry information to the Louisiana Bureau of Criminal
7 Identification and Information; to provide with respect to limitations of liability; to
8 provide with respect to the failure to register; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 6-D of Title 15 of the Louisiana Revised Statutes of 1950,
11comprised of R.S. 15:671 through 677, is hereby enacted to read as follows:
12 CHAPTER 6-D. REGISTRY OF DOMESTIC
13 VIOLENCE OFFENDERS
14 §671. Short title
15 This Chapter may be referred to and may be cited as "Domestic Abuse
16 Violent Offender Registration Act".
17 §672. Definitions
18 For the purposes of this Chapter, the following words have the following
19 meanings:
20 A. "Bureau" means the Louisiana Bureau of Criminal Identification and
21 Information as established in Chapter 6 of this Title.
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1 B. "Domestic violence offense" means any of the following:
2 (1) Domestic abuse battery (R.S. 14:35.3).
3 (2) Domestic abuse aggravated assault (R.S. 14:37.7).
4 (3) Stalking (R.S. 14:40.2).
5 (4) Human Trafficking (R.S. 14:46.2).
6 §673. Registration of offenders who commit domestic violence offenses
7 A. Any adult residing in this state who has pled guilty to, has been convicted
8 of, or where adjudication has been deferred or withheld for the perpetration or
9 attempted perpetration of any domestic violence offense as defined in this Chapter
10 shall register within ten days of establishing residence in Louisiana, or if a current
11 resident, within ten days after release from confinement with the sheriff of the parish
12 of the person's residence and with the chief of police if the address of the residence
13 is located in an incorporated area which has a police department. If the adult resides
14 in a parish with a population in excess of four hundred fifty thousand according to
15 the latest federal decennial census, he shall register with the police department of his
16 municipality of residence.
17 B. Any person required to register pursuant to this Section shall provide the
18 law enforcement agency as required by Subsection A of this Section with his name,
19 address of offender's place of residence upon release from confinement, date of birth,
20 social security number, any aliases used by the offender, crime for which the
21 offender was convicted which gave rise to the requirement to register under the
22 provisions of this Section, and date and place of conviction. The sheriff of every
23 parish and the chief of police of each municipality shall also record the fingerprints
24 of all persons who register with those law enforcement agencies in accordance with
25 this Section.
26 C. The law enforcement agency who receives information in accordance
27 with the provisions of this Section shall forward such information to the bureau for
28 inclusion in a central registry as provided in R.S. 15:675 within five days of
29 receiving such information.
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HB NO. 962
1 D. Any person required to register pursuant to this Section shall maintain his
2 registration for a period of ten years.
3 §674. Transmission of information to the bureau
4 When a person who is required to register under the provisions of this
5 Chapter is released from prison, or placed under parole, supervised release, or
6 probation, the Department of Public Safety and Corrections shall inform the person
7 of the duty to register and shall obtain the information required for such registration
8 and within five days of obtaining the necessary information, shall transmit this
9 information to the bureau for inclusion in a central registry as provided in R.S.
10 15:675. The department shall also record the fingerprints of the person if they have
11 not already been obtained.
12 §675. Central registry
13 A. The bureau shall establish and maintain a central registry to collect and
14 disseminate information regarding those offenders who are required to register in
15 accordance with this Chapter. The bureau shall provide the information to all law
16 enforcement agencies in this state who request such information in an effort to assist
17 in the prevention of violence and protection of peace officers.
18 B. Once each year, the bureau shall mail a non-forwardable verification
19 form, not less than five days prior to the anniversary of the date of the offender's
20 initial registration, to the last reported address of each person subject to the
21 provisions of this Section. The person subject to registration shall mail the
22 verification to the bureau within ten days of receipt of the verification form. If the
23 bureau does not receive the verification form within thirty days, the bureau shall
24 immediately notify the sheriff of the parish in which the person's last reported
25 address of residence is located, or in the case of a person residing in a parish with a
26 population in excess of four hundred fifty thousand according to the latest federal
27 decennial census, the police department of his municipality of residence.
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1 §676. Failure to register; penalties
2 A person who fails to register as required by this Chapter shall be fined not
3 more than five hundred dollars, imprisoned for not less than thirty days nor more
4 than ninety days, or both.
5 §677. Limitation of liability
6 No person shall have a cause of action against a law enforcement agency or
7 an employee thereof for any loss or damage caused by any act or omission resulting
8 from the implementation of the provisions of this Chapter. This limitation shall not
9 apply to any loss or damage caused by the willful and wanton act or gross negligence
10 of the agency or employee.
11 Section 2. The provisions of this Act shall apply to offenses committed on or after
12the effective date of this Act.
13 Section 3. This Act shall become effective upon signature by the governor or, if not
14signed by the governor, upon expiration of the time for bills to become law without signature
15by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16vetoed by the governor and subsequently approved by the legislature, this Act shall become
17effective on the day following such approval.
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 962 Original 2016 Regular Session Smith
Abstract: Creates a registry for persons convicted of domestic violence offenses.
Proposed law defines "domestic violence offense" as the crimes of stalking, human
trafficking, domestic abuse battery, and domestic abuse aggravated assault.
Proposed law requires adults who commit these domestic violence offenses to register with
local law enforcement agencies within 10 days of establishing residence in La. or upon
release from confinement. Requires the person who is required to register to provide the
appropriate law enforcement agency with certain pieces of information, including name,
address, birth date, social security number, aliases used by the offender, crimes for which
the offender is required to register, and date and place of conviction. Requires local law
enforcement agencies to record the fingerprints of each person who must register. Requires
local law enforcement agencies to forward this information to the Bureau of Criminal
Identification and Information within five days of receiving such information.
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HB NO. 962
Proposed law requires the Dept. of Public Safety and Corrections to inform applicable
offenders of the registration requirements when they are released from prison or placed
under parole, supervised release, or probation. Further requires the department to obtain the
necessary registration information and transmit it to the Bureau of Criminal Identification
and Information for inclusion into a central registry within five days.
Proposed law requires the bureau to establish and maintain a central registry to collect and
disseminate information on offenders who commit domestic violence offenses. Requires the
bureau to mail a non-forwardable verification form on an annual basis to each offender in
the registry to verify the addresses. Provides that if the bureau does not receive the
verification form from the offender within 30 days, the bureau shall notify local law
enforcement immediately.
Proposed law provides for a limitation of liability except for willful and wanton acts or gross
negligence.
Proposed law provides that a person who fails to register shall be fined up to $500,
imprisoned for 30 to 90 days, or both.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 15:671-677)
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