RÉSUMÉ DIGEST
ACT 307 (HB 455) 2017 Regular Session Abramson
Existing 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 existing law and provides for
the duration of the registration and notification requirements.
For purposes of determining who is required to register and provide notification, prior law
(R.S. 15:541) defined "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. A dismissal entered after a period of probation, suspension, or deferral of
sentence was considered to be a disposition adverse to the subject.
New law amends prior 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 existing 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 new and existing law.
Existing 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. Existing 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.
New law provides that those offenders who receive a pardon as a first-time offender pursuant
to existing 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 existing law (C.Cr.P.
Arts. 893 and 894).
Prior law (R.S. 15:544) authorized 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 have
complied with certain requirements set forth in existing law (R.S. 15:544) including
successfully completing an appropriate sex offender treatment program.
New law amends prior 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.
With regard to these motions for relief from the registration and notification requirements,
new 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 existing 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.
Prior law (R.S. 15:544.1) required 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 existing 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.
New law amends prior 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.
Prior law (R.S. 15:544.2) provided procedures for the determination of an offender's
registration end date and provided certain duties for state police and the La. Dept. of Justice
in this regard.
New law amends these provisions of prior 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.
(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 existing law.
(5)Authorizes the Sexual Predator Apprehension Team to determine the appropriate
time period for registration in accordance with the provisions of existing 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. Effective August 1, 2017.
(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))