HLS 17RS-1002 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 455
BY REPRESENTATIVE ABRAMSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSE/REGISTRY: Provides relative to sex offender registration and notification
1 AN ACT
2To amend and reenact R.S. 15:541(7), 544(A), (B)(1) and (2)(introductory paragraph), and
3 (E)(1), (2), (3)(e), and (4), 544.1, 544.2(A)(1)(introductory paragraph), (a), and (c),
4 (B)(introductory paragraph), (2), and (3), (C), (D), (E), (F), (G), and (H) and to enact
5 R.S. 15:544.2(B)(4), (I), (J), and (K), relative to sex offender registration and
6 notification; to provide relative to the definition of "conviction" for purposes of sex
7 offender registration and notification; to provide relative to the duration of the
8 registration and notification requirements; to provide relative to the procedure by
9 which an offender may be relieved of the registration and notification requirements
10 for maintaining a "clean record"; to provide relative to the duties of the office of state
11 police, district attorney, and the Sexual Predator Apprehension Team of the
12 Department of Justice relative to these procedures; to provide relative to petitions for
13 injunctive relief or declaratory judgments regarding the application or interpretation
14 of the sex offender registration and notification requirements; to provide relative to
15 the determination of an offender's registration and notification end date; to provide
16 relative to the procedure for appealing these determinations and the effect of those
17 determinations that are not timely appealed; and to provide for related matters.
18Be it enacted by the Legislature of Louisiana:
19 Section 1. R.S. 15:541(7), 544(A), (B)(1) and (2)(introductory paragraph), and
20(E)(1), (2), (3)(e), and (4), 544.1, 544.2(A)(1)(introductory paragraph), (a), and (c),
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1(B)(introductory paragraph), (2), and (3), (C), (D), (E), (F), (G), and (H) are hereby amended
2and reenacted and R.S. 15:544.2(B)(4), (I), (J), and (K) are hereby enacted to read as
3follows:
4 §541. Definitions
5 For the purposes of this Chapter, the definitions of terms in this Section shall
6 apply:
7 * * *
8 (7) "Conviction or other disposition adverse to the subject" means any
9 disposition of charges, except adverse to the defendant, including a plea of guilty,
10 deferred adjudication, or adjudication withheld for the perpetration or attempted
11 perpetration of or conspiracy to commit a "sex offense" or "criminal offense against
12 a victim who is a minor" as those terms are defined by this Section. "Conviction"
13 shall not include a decision not to prosecute, a dismissal, or an acquittal, except when
14 the acquittal is due to a finding of not guilty by reason of insanity and the person was
15 committed. However, a A dismissal entered after a period of probation, suspension,
16 or deferral of sentence shall be considered a disposition adverse to the subject
17 included in the definition of "conviction" for purposes of this Chapter.
18 * * *
19 §544. Duration of registration and notification period
20 A. Except as provided for in Subsection B of this Section, a person required
21 to register and provide notification pursuant to the provisions of this Chapter shall
22 comply with the requirement for a period of fifteen years from the date of the initial
23 registration in Louisiana, or the duration of the lifetime of the offender as provided
24 in Subsection E of this Section, unless the underlying conviction is reversed, set
25 aside, or vacated, except for those convictions that were reversed, set aside, or
26 vacated pursuant to Code of Criminal Procedure Article 893 or 894, or a similar
27 provision of federal law or law from another state or military jurisdiction. The
28 requirement to register shall apply to an offender who is pardoned receives a pardon
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1 as a first-time offender pursuant to Article IV, Section 5(E)(1) of the Constitution of
2 Louisiana and R.S. 15:572(B)(1).
3 B.(1) A person required to register pursuant to this Chapter who was
4 convicted of a sexual offense against a victim who is a minor as defined in R.S.
5 15:541 shall register and maintain his registration and provide community
6 notification pursuant to the provisions of this Chapter for a period of twenty-five
7 years from the date of initial registration in Louisiana, or the duration of the lifetime
8 of the offender as provided in Subsection E of this Section, unless the underlying
9 conviction is reversed, set aside, or vacated, except for those convictions that were
10 reversed, set aside, or vacated pursuant to Code of Criminal Procedure Article 893
11 or 894, or a similar provision of federal law or law from another state or military
12 jurisdiction. The requirement to register shall apply to an offender who is pardoned
13 receives a pardon as a first-time offender pursuant to Article IV, Section 5(E)(1) of
14 the Constitution of Louisiana and R.S. 15:572(B)(1).
15 (2) Any of the following persons required to register pursuant to this Chapter
16 shall register and provide notification for the duration of their lifetime, even if
17 granted a first offender pardon, unless the underlying conviction is reversed, set
18 aside, or vacated, except for those convictions that were reversed, set, aside, or
19 vacated pursuant to Code of Criminal Procedure Article 893 or 894, or a similar
20 provision of federal law or law from another state or military jurisdiction:
21 * * *
22 E.(1) The registration period of fifteen years established in Subsection A of
23 this Section may be reduced to a period of ten years if the offender maintains a clean
24 record for the entire ten-year period of registration upon petition motion to be
25 relieved of the sex offender registration to in the court of conviction for those
26 convicted in Louisiana, or the court of the parish of residence for those convicted
27 under the laws of another state, or military, territorial, foreign, tribal, or federal law
28 which have been determined to be comparable to a Louisiana offense requiring a
29 fifteen-year registration period by the bureau pursuant to the provisions of R.S.
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1 15:542.1.3. The court shall consider a motion filed pursuant to the provisions of this
2 Subsection only if the motion is accompanied by documentation of completion of an
3 appropriate sex offender treatment program as described in Subparagraph (3)(d) of
4 this Subsection.
5 (2) The lifetime registration period established in Paragraph (B)(2) of this
6 Section may be reduced to a period of twenty-five years if the offender was
7 adjudicated delinquent for the offense which requires registration and maintains a
8 clean record for twenty-five years upon petition motion to be relieved of the sex
9 offender registration to in the court of adjudication for those adjudicated in
10 Louisiana, or court of the parish of residence for those adjudicated under the laws of
11 another state, or military, territorial, foreign, tribal, or federal law. The court shall
12 consider a motion filed pursuant to the provisions of this Subsection only if the
13 motion is accompanied by documentation of completion of an appropriate sex
14 offender treatment program as described in Subparagraph (3)(d) of this Subsection.
15 (3) For purposes of this Subsection, an offender maintains a "clean record"
16 by:
17 * * *
18 (e) Complying with all sex offender registration and notification
19 requirements in Louisiana each year for the prescribed period of time pursuant to the
20 provisions of this Chapter.
21 (4) The following procedures shall apply to the provisions of Paragraphs (1)
22 and (2) of this Subsection:
23 (a) The district attorney, the Department of Public Safety and Corrections,
24 the office of state police, and the Sexual Predator Apprehension Team of the
25 Department of Justice shall be served with a copy of the petition motion and
26 documentation related to the successful completion of the appropriate sex offender
27 treatment program as required by Paragraphs (1) and (2) of this Subsection and the
28 Department of Public Safety and Corrections, office of state police, and the
29 Department of Justice shall be given notice of the filing with a copy of the pleading.
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1 Upon receipt of the pleading, the motion and documentation, the following shall
2 occur:
3 (i) The office of state police shall issue a certification of the offender's
4 history of registration in Louisiana to the court in which the petition motion was
5 filed. The certification issued by the office of state police shall be admissible and
6 shall be deemed prima facie evidence of the offender's history of registration in
7 Louisiana.
8 (ii) The Sexual Predator Apprehension Team of the Department of Justice
9 shall conduct a review of the offender's registration, notification, and criminal history
10 and shall determine whether the offender maintained a clean record as defined by
11 Paragraph (E)(3) of this Section.
12 (iii) The district attorney shall review the facts of the underlying sex offense
13 for which the offender is required to comply with the provisions of this Chapter to
14 determine if an objection to the motion is warranted based on continued concerns for
15 public safety.
16 (b) The court shall order a contradictory hearing to be held not less than sixty
17 days after the date of service of the motion to determine whether the offender is
18 entitled to be relieved of the registration and notification requirements pursuant to
19 the provisions of Paragraphs (1) and (2) of this Subsection. The Department of
20 Public Safety and Corrections, office of state police, and the Department of Justice
21 shall be given notice of the hearing date and shall have a right to oppose the granting
22 of relief if either determines that the offender does not meet the criteria of having
23 maintained a clean record as defined by Paragraph (E)(3) of this Section.
24 (c) The provisions of Paragraphs (1) and (2) of this Subsection shall not
25 apply to any person who was convicted of more than one offense which requires
26 registration pursuant to the provisions of this Chapter.
27 (d) The offender has the burden of proving that he has maintained a clean
28 record, as defined by the provisions of Paragraph (E)(3) of this Section, for the
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1 requisite period of time and that continued registration and notification will no
2 longer serve the purposes of this Chapter.
3 (e) The court may grant the motion, relieving the offender of the duty to
4 register and give notice pursuant to the provisions of this Chapter, only if the
5 offender shows, by clear and convincing evidence, that he has maintained a clean
6 record, as defined by the provisions of Paragraph (E)(3) of this Section, for the
7 requisite period of time and that future registration and notification will not serve the
8 purposes of this Chapter.
9 * * *
10 §544.1. Petitions for injunctive relief or declaratory judgments
11 Any petition for injunctive relief or for declaratory judgment regarding the
12 application or interpretation of the registration and notification requirements of this
13 Chapter as they apply to a particular offender convicted of or adjudicated delinquent
14 for a sex offense as defined in R.S. 15:541 or a criminal offense against a victim who
15 is a minor as defined in R.S. 15:541, regardless of the date of conviction, other than
16 the summary proceeding provided for in R.S. 15:542(F) and 544(E) which are based
17 on theories of relief or grounds not specifically provided for in the provisions of this
18 Chapter, shall be filed through ordinary civil proceedings by the offender, the state,
19 the Department of Public Safety and Corrections, office of state police, or the office
20 of the attorney general, in the district court for the parish where the state capitol is
21 situated. Appeals from determinations made pursuant to R.S. 15:542.1.3 shall
22 comply with the deadlines and other procedures as required by R.S. 15:542.1.3.
23 §544.2. Registration and notification period end date; determination; procedures
24 A.(1) Except as provided in Subsection Subsections B and C of this Section,
25 for an offender who is required to register as a sex offender or child predator
26 pursuant to the provisions of this Chapter, at least fourteen years from the initial date
27 of registration in Louisiana after the date of conviction for which the offender is
28 required to register pursuant to the provisions of this Chapter or from the date of the
29 offender's latest release from any incarceration, except pursuant to a misdemeanor
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1 arrest or conviction or a felony arrest that does not result in a felony conviction, for
2 a felony offense, whichever is later, the following procedures shall apply:
3 (a) The office of state police and the sheriff of each parish in which the
4 offender resides, or has resided, shall upload the offender's registration history to the
5 offender's file in the Sex Offender and Child Predator Registry.
6 * * *
7 (c) Within thirty days from the date on which the Department of Justice posts
8 its determination of the registration and notification period end date to the offender's
9 file in the Sex Offender and Child Predator Registry, the Department of Justice or
10 its authorized agent shall give the offender written notice of the prospective
11 registration and notification period end date which shall inform the offender that the
12 registration and notification period end date shall be revised if the offender's criminal
13 history or registration history subsequently reflects actions or inaction that, pursuant
14 to the provisions of this Chapter, requires the end date to be recalculated. The
15 written notice shall also inform the offender of his right to seek review of the
16 Department of Justice's determination as provided in Subsections D and F and G of
17 this Section. The date on which the letter is sent notifying the offender of his
18 registration and notification period end date shall be entered by the Department of
19 Justice or its authorized agent in the offender's registry profile and included in the
20 notification of registration obligations which shall be signed by the offender during
21 the next in-person period renewal of registration for the offender as required by the
22 provisions of R.S. 15:542.1.1.
23 * * *
24 B. For an offender who is required to register pursuant to the provisions of
25 this Chapter for a conviction of a sexual offense against a victim who is a minor as
26 defined by R.S. 15:541, at least twenty-four years after the date of conviction for
27 which the offender is required to register pursuant to the provisions of this Chapter
28 or the date of the offender's latest release from any incarceration, except pursuant to
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1 a misdemeanor arrest or conviction or for a felony offense arrest that does not result
2 in a felony conviction, the following procedures shall apply:
3 * * *
4 (2) The Sexual Predator Apprehension Team of the Department of Justice
5 shall review the offender's criminal history and registration history and post a
6 prospective registration and notification period end date to the offender's file in the
7 Sex Offender and Child Predator Registry. When posting the prospective
8 registration and notification period end date, the Department of Justice shall include
9 any details relied upon at the time to calculate the registration and notification period
10 end date. If at any time after the determination of the registration and notification
11 period end date the offender's criminal history or registration history reflects actions
12 or inaction that, pursuant to the provisions of this Chapter, requires the running of
13 the registration period to begin anew or to be suspended, the registration and
14 notification period end date shall be revised by the Department of Justice
15 accordingly.
16 (3) Within thirty days from the date on which the Sexual Predator
17 Apprehension Team of the Department of Justice posts its determination of the
18 registration and notification period end date to the offender's file in the Sex Offender
19 and Child Predator Registry, the Department of Justice or its authorized agent shall
20 give the offender written notice of the prospective registration and notification period
21 end date which shall inform the offender that the registration and notification period
22 end date shall be revised if the offender's criminal history or registration history
23 subsequently reflects actions or inaction that, pursuant to the provisions of this
24 Chapter, requires the end date to be recalculated. The written notice shall also
25 inform the offender of his right to seek review of the Department of Justice's
26 determination as provided in Subsections D and F and G of this Section. The date
27 on which the letter is sent notifying the offender of his registration and notification
28 period end date shall be entered by the Department of Justice or its authorized agent
29 in the offender's registry profile and included in the notification of registration
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1 obligations which shall be signed by the offender during the next in-person period
2 renewal of registration for the offender as required by the provisions of R.S.
3 15:542.1.1.
4 (4) The provisions of this Subsection shall not apply to any person who has
5 been convicted of more than one offense that requires registration pursuant to the
6 provisions of this Chapter or to anyone convicted of an aggravated offense as defined
7 by R.S. 15:541.
8 C. Whenever there is a question regarding whether an offender, convicted
9 or adjudicated in a Louisiana state court of an offense requiring registration and
10 notification pursuant to the provisions of this Chapter, as a fifteen-year, a
11 twenty-five-year, or a lifetime registrant, the Sexual Predator Apprehension Team
12 of the Department of Justice shall have the authority to make determinations
13 regarding the appropriate time period of registration in accordance with the
14 provisions of this Chapter. When such a determination is made by the Sexual
15 Predator Apprehension Team of the Department of Justice, the determination shall
16 be noted in the offender's profile on the State Sex Offender and Child Predator
17 Registry. These determinations shall be binding for purposes of enforcement of the
18 registration and notification provisions of this Chapter unless overturned by a court
19 of competent jurisdiction pursuant to R.S. 15:544.1 when a petition is filed within
20 one hundred eighty days of the date of the written notice. Failure to timely file a
21 petition for such relief pursuant to the provisions of this Subsection shall constitute
22 a waiver by the offender and shall make the registration and notification period
23 determination by the Department of Justice binding and final.
24 D. The registration and notification period end date, calculated and
25 maintained by the Department of Justice pursuant to the provisions of Subsections
26 A and B of this Section, shall be set in accordance with the provisions of this Chapter
27 and shall be binding for purposes of enforcement of the registration and notification
28 provisions of this Chapter unless overturned by the court of competent jurisdiction
29 pursuant to R.S. 15:544.1.
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1 D.E. If an offender, who is currently residing in this state and is under an
2 active obligation to register and provide notification pursuant to the provisions of
3 this Chapter, believes that the determined registration and notification period end
4 date is incorrect, the offender may seek further review of the end date determination
5 by the Department of Justice within forty-five days of date on which the notice was
6 sent pursuant to Subparagraph (A)(1)(c) or (B)(3) of this Section. The request shall
7 be made in writing and addressed to: Office of the Attorney General, SPAT Unit,
8 Post Office Box 94005, Baton Rouge, Louisiana 70804-9005. The request for
9 review shall include all of the following:
10 (1) Name, date of birth, social security number, and phone number of the
11 offender.
12 (2) Address of residence and parish in which the offender is currently
13 residing.
14 (3) The offense for which the offender was convicted that requires
15 registration and notification pursuant to the provisions of this Chapter, the
16 jurisdiction of conviction, the court of conviction, the date of conviction, and the
17 latest release from incarceration for the conviction that requires registration and
18 notification pursuant to the provisions of this Chapter.
19 (4) Specific legal or factual reasons why the offender believes the current
20 registration and notification period end date as determined by the Department of
21 Justice is incorrect.
22 (5) A copy of the most recent offender contract signed by the offender at the
23 office of the sheriff of the parish in which the offender resides.
24 (6) An affidavit of verification that all allegations of fact are true and
25 accurate.
26 E.F. If the request for review meets all of the requirements set forth in
27 Subsection DE of this Section, the request shall be reviewed by the Department of
28 Justice. The Department of Justice shall post its decision, and any pertinent law and
29 facts relied upon in making its decision, to the offender's registry file. The
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1 Department of Justice or its authorized agent shall provide written notice of the
2 department's decision to the offender within thirty days from the date on which the
3 decision was posted to the offender's file in the Sex Offender and Child Predator
4 Registry by the Department of Justice. If the request for review submitted by the
5 offender does not meet the procedural requirements set forth in Subsection DE of
6 this Section, the request for review shall be rejected and the offender shall be given
7 notice of the rejection through the same method as the notification of the prospective
8 registration and notification end date determination and the date of such notice shall
9 be entered into the offender's registry profile.
10 F.G. Within one hundred eighty days of the issuance of notice pursuant to
11 Subsections A, B, D, or E, or F of this Section, whichever is later, the offender may
12 file a petition for injunctive relief or for a declaratory judgment pursuant to the
13 provisions of R.S. 15:544.1. Failure to timely file a petition for such relief pursuant
14 to the provisions of this Subsection shall constitute a waiver by the offender and shall
15 make the registration and notification period end date determination by the
16 Department of Justice final, unless the registration and notification period end date
17 is revised by the Department of Justice because the offender's criminal history or
18 registration history reflects actions or inaction that, pursuant to the provisions of this
19 Chapter, requires the running of the registration period to begin anew or to be
20 suspended.
21 G.H. When an offender has complied with all registration and notification
22 requirements for the period of time required by the provisions of this Chapter, the
23 Department of Justice shall, upon request by the offender, issue a formal letter
24 verifying that the offender has completed all his requirements. This letter shall state
25 that the offender is no longer required to register and notify as a sex offender or a
26 child predator for the underlying sex offense or criminal offense against a victim
27 who is a minor, as defined by R.S. 15:541, which gave rise to his obligation to
28 register, unless the offender is convicted of another offense which requires
29 registration and notification pursuant to the provisions of this Chapter.
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1 H.I. If at any time after the determination of the registration and notification
2 period end date is made pursuant to the provisions of this Chapter, the offender's
3 criminal history or registration history reflects actions or inaction that, pursuant to
4 the provisions of this Chapter, requires the running of the registration period to begin
5 anew or to be suspended, and the registration and notification period end date is
6 revised by the Department of Justice, the Department of Justice shall post the
7 updated registration and notification period end date to the offender's file in the State
8 Sex Offender and Child Predator Registry. Within thirty days from the date on
9 which the Department of Justice posts the revised registration and notification period
10 end date to the offender's file, the Department of Justice or its authorized agent shall
11 give the offender written notice by mail of the revised end date and notify the
12 offender of his right to seek review of the determination by the Department of Justice
13 as provided in Subsections D E and F G of this Section.
14 J. The Department of Justice is not required to make the determination of the
15 registration and notification period end date for any offender who is incarcerated or
16 living out of state and is, therefore, not under an active obligation to register and
17 provide notification in Louisiana. Once the offender is released from incarceration
18 or returns to live in Louisiana and is under an active obligation to register and
19 provide notification in this state, the determination of registration and notification
20 period end date shall be made pursuant to the provisions of this Section.
21 K. Nothing in this Section shall be construed to relieve an offender of the
22 obligation to register and provide notification pursuant to the provisions of this
23 Chapter prior to complying with the obligations of this Chapter for the requisite
24 period of time.
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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 455 Original 2017 Regular Session Abramson
Abstract: Provides relative to the registration and notification requirements of persons
convicted of a sex offense or a criminal offense against a victim who is a minor.
Present law requires persons convicted of a sex offense or criminal offense against a victim
who is a minor to register and provide notification pursuant to present law and provides for
the duration of the registration and notification requirements.
For purposes of determining who is required to register and provide notification, present law
(R.S. 15:541) defines "conviction or other disposition adverse to the subject" as any
disposition of charges except a decision not to prosecute, a dismissal, or an acquittal, except
when the acquittal is due to a finding of not guilty by reason of insanity and the person was
committed. However, a dismissed entered after a period of probation, suspension, or
deferral of sentence shall be considered a disposition adverse to the subject.
Proposed law amends present law (R.S. 15:541) to define "conviction" as including a plea
of guilty, deferred adjudication, or adjudication withheld for the perpetration or attempted
perpetration of or conspiracy to commit a "sex offense" or "criminal offense against a victim
who is a minor" as defined by present law (R.S. 15:541). Further clarifies that a dismissal
entered after a period of probation, suspension, or deferral of sentence shall be considered
a "conviction" for purposes of present law.
Present law (R.S. 15:544) requires an offender to register and provide notification for 15
years, 25 years, or for the lifetime of the offender based upon the offense for which the
offender was convicted and whether the person was previously convicted of an offense
which requires registration. Present law (R.S. 15:544) provides that the person is not
required to register and provide notification if the offender is pardoned or if the underlying
conviction for which the offender was required to register and provide notification is
reversed, set aside, or vacated.
Proposed law provides that those offenders who receive a pardon as a first-time offender
pursuant to present law (La. Const. Art. IV, §5(E)(1) and R.S. 15:572(B)(1)) are required to
register and provide notification, and provides that the exception for those persons whose
convictions were reversed, set aside, or dismissed does not apply, and the person will be
required to register and provide notification if the underlying conviction was reversed, set
aside, or vacated after successful completion of a period of probation pursuant to present law
(C.Cr.P. Arts. 893 and 894).
Present law (R.S. 15:544) authorizes an offender required to register for 15 years or an
offender required to register for the duration of his lifetime to file a petition to be relieved
of the sex offender registration and notification requirements if the offender has maintained
a "clean record" for a certain period of time. To maintain a clean record, the offender must
meet certain requirements set forth in present law (R.S. 15:544) including successfully
completing an appropriate sex offender treatment program.
Proposed law amends present law to provide that relief from the registration and notification
requirements may be sought by motion instead of petition and provides that such motion can
only be considered by the court if accompanied by documentation of completion of an
appropriate sex offender treatment program.
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With regard to these motions for relief from the registration and notification requirements,
proposed law (R.S. 15:544) provides for the following procedures, duties, and authorities
relative to the district attorney, state police, and the Sexual Predator Apprehension Team of
the La. Dept. of Justice:
(1) The district attorney, state police, and the Sexual Predator Apprehension Team shall
be served with a copy of the motion and documentation related to the successful
completion of the appropriate sex offender treatment program.
(2)Upon receipt of the motion and documentation, the following shall occur:
(a) State police issues a certification of the offender's history of registration in
La.
(b)The Sexual Predator Apprehension Team determines whether the offender
maintained a clean record as defined by present law.
(c)The district attorney determines if an objection to the motion is warranted
based on continued concerns for public safety.
(3)The court shall order a contradictory hearing to be held not less than 60 days after
the date of the filing of the motion, notice of the hearing shall be provided to state
police and the La. Dept. of Justice, and both shall have the right to oppose the
motion.
(4)The court may grant the offender's motion, if the offender proves, by clear and
convincing evidence, that he has maintained a clean record for the requisite period
of time and that continued registration and notification will no longer serve the
purposes of the registration and notification requirements.
Present law (R.S. 15:544.1) requires petitions for injunctive relief or declaratory judgments
regarding the application of the registration and notification requirements to certain
offenders that are based on theories of relief or grounds not specifically provided for in the
present law sex offender registration and notification provisions to be filed through ordinary
civil proceedings in the district court for the parish where the state capitol is situated.
Proposed law amends present law to require any petitions regarding the application or
interpretation of the registration and notification requirements, except for certain summary
proceedings regarding the offenses of carnal knowledge of a juvenile and crime against
nature and motions for relief based on an offender maintaining a clean record, to be filed
through ordinary civil proceedings in the district court for the parish where the state capitol
is situated.
Present law (R.S. 15:544.2) provides procedures for the determination of an offender's
registration end date and provides certain duties for state police and the La. Dept. of Justice
in this regard.
Proposed law amends these provisions of present law as follows:
(1)Provides that the procedure for determining the offender's registration end date
begins at least 14 years from the date of initial registration in La., or from the date
of the offender's latest release from any incarceration, except for a misdemeanor
arrest or conviction or a felony arrest that does not result in a felony conviction,
whichever is later.
(2)Removes the requirement that the offender sign the notice informing him of his
registration and notification period end date.
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(3)Requires the Sexual Predator Apprehension Team, within the La. Dept. of Justice,
to review the offender's criminal history and registration history and post a
prospective registration and notification period end date to the offender's file in the
State Sex Offender and Child Predator Registry.
(4)Provides that these provisions do not apply to any person who has been convicted of
more than one offense that requires registration or to anyone convicted of an
aggravated offense as defined by present law.
(5)Authorizes the Sexual Predator Apprehension Team to determine the appropriate
time period for registration in accordance with the provisions of present law. Further
provides that these determinations are binding unless overturned by a court and that
failure of the offender to timely file a petition for relief from this determination
constitutes a waiver by the offender and makes the determination binding and final.
(6)Provides that the Dept. of Justice is not required to make the determination of the
registration and notification period end date for any offender who is incarcerated or
living out of state. This determination shall be made once the offender is released
from incarceration or returns to live in Louisiana and is under an active obligation
to register and provide notification in this state.
(Amends R.S. 15:541(7), 544(A), (B)(1) and (2)(intro. para.), and (E)(1), (2), (3)(e), and (4),
544.1, 544.2(A)(1)(intro. para.), (a), and (c), (B)(intro. para.), (2), and (3), (C), (D), (E), (F),
(G), and (H); Adds R.S. 15:544.2(B)(4), (I), (J), and (K))
Page 15 of 15
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.