HLS 18RS-120 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 75
BY REPRESENTATIVE DWIGHT
CRIME/SEX OFFENSES: Updates citations and terminology for certain child care
facilities in provisions relating to sex offenders
1 AN ACT
2To amend and reenact R.S. 14:91.1(A), 91.2(A)(2) and (3) and (B), 91.3(A), and 91.4(A)
3 and (B) and R.S. 15:538(D)(1)(b) and (c) and (6)(b) and (c), relative to certain
4 prohibitions applicable to sex offenders; to provide relative to the prohibitions for
5 sex offenders with regard to physical presence near and employment at certain child
6 care facilities; to provide relative to the crimes of unlawful presence of a sex
7 offender and sexually violent predator; to provide relative to the crime of unlawful
8 participation in a child-related business; to provide relative to the crime of
9 contributing to the endangerment of a minor; to provide relative the conditions of
10 release for a sex offender who is placed on probation or parole supervision; to update
11 terminology and citations for certain child care facilities in these crimes and
12 probation and parole conditions; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 14:91.1(A), 91.2(A)(2) and (3) and (B), 91.3(A), and 91.4(A) and
15(B) are hereby amended and reenacted to read as follows:
16 §91.1. Unlawful presence of a sexually violent predator
17 A. Unlawful presence of a sexually violent predator is any of the following:
18 (1) The physical presence of a sexually violent predator on the school
19 property of any public or private, elementary or secondary school, or in any motor
20 vehicle or other means of conveyance owned, leased, or contracted by such school
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1 to transport students to or from school or a school-related activity when persons
2 under the age of eighteen years are present on the school property or in a school
3 vehicle; or.
4 (2) The physical residing of a sexually violent predator within one thousand
5 feet of any public or private elementary or secondary school, a day care center, group
6 home, residential home, or child care facility as defined in R.S. 46:1403, a family
7 child day care home as defined in R.S. 46:1441.1, playground, public or private
8 youth center, public swimming pool, or free standing video arcade facility of the
9 following:
10 (a) Public or private elementary or secondary school.
11 (b) Early learning center as defined by R.S. 17:407.33.
12 (c) Residence in which child care services are provided by a family child
13 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
14 seq.
15 (d) Residential home as defined by R.S. 46:1403.
16 (e) Playground.
17 (f) Public or private youth center.
18 (g) Public swimming pool.
19 (h) Free standing video arcade facility.
20 * * *
21 §91.2. Unlawful presence of a sex offender
22 A. The following acts when committed by a person convicted of a sex
23 offense as defined in R.S. 15:541 when the victim is under the age of thirteen years
24 shall constitute the crime of unlawful residence or presence of a sex offender:
25 * * *
26 (2) The offender establishing a residence within one thousand feet of any
27 public or private elementary or secondary school or child care facility as defined in
28 R.S. 46:1403 of the following:
29 (a) Public or private elementary or secondary school.
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HB NO. 75
1 (b) Early learning center as defined by R.S. 17:407.33.
2 (c) Residence in which child care services are provided by a family child
3 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
4 seq.
5 (d) Residential home as defined by R.S. 46:1403.
6 (3) The physical presence of the offender in, on, or within one thousand feet
7 of a public park, recreational facility, or child care facility as defined in R.S. 46:1403
8 any of the following:
9 (a) Public park or recreational facility.
10 (b) Early learning center as defined by R.S. 17:407.33.
11 (c) Residence in which child care services are provided by a family child
12 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
13 seq.
14 (d) Residential home as defined by R.S. 46:1403.
15 * * *
16 B. The following acts, when committed by a person convicted of an
17 aggravated offense as defined in R.S. 15:541(2) when the victim is under the age of
18 thirteen years, shall constitute the crime of unlawful residence or presence of a sex
19 offender:
20 (1) The physical presence of the offender in, on, or within one thousand feet
21 of a group home, residential home, child care facility as defined in R.S. 46:1403, or
22 a family child day care home as defined in R.S. 46:1441.1 any of the following:
23 (a) Early learning center as defined by R.S. 17:407.33.
24 (b) Residence in which child care services are provided by a family child
25 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
26 seq.
27 (c) Residential home as defined by R.S. 46:1403.
28 (2) The establishment of a residence within one thousand feet of any group
29 home, residential home, child care facility as defined in R.S. 46:1403, a family child
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1 day care home as defined in R.S. 46:1441.1, playground, public or private youth
2 center, public swimming pool, or free standing video arcade facility of the following:
3 (a) Early learning center as defined by R.S. 17:407.33.
4 (b) Residence in which child care services are provided by a family child
5 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
6 seq.
7 (c) Residential home as defined by R.S. 46:1403.
8 (d) Playground.
9 (e) Public or private youth center.
10 (f) Public swimming pool.
11 (g) Free standing video arcade facility.
12 * * *
13 §91.3. Unlawful participation in a child-related business
14 A. No person who has been convicted of, or who has pled guilty or nolo
15 contendere to, an offense listed in R.S. 15:587.1(C) shall own, operate, or in any way
16 participate in the governance of those child care facilities as enumerated in R.S.
17 46:1403, or own, operate, or in any way participate in the governance of, or reside
18 in, family child day care homes as defined in R.S. 46:1441.1 any early learning
19 center as defined by R.S. 17:407.33, residential home as defined by R.S. 46:1403,
20 or residence in which child care services are provided by a family child care provider
21 or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.
22 * * *
23 §91.4. Contributing to the endangerment of a minor
24 A. No person shall knowingly employ a person convicted of a sex offense
25 as defined in R.S. 15:541, whose offense involved a minor child, to work in any of
26 the following facilities: early learning center as defined by R.S. 17:407.33,
27 residential home as defined by R.S. 46:1403, or residence in which child care
28 services are provided by a family child care provider or in-home provider who is
29 registered pursuant to R.S. 17:407.61 et seq.
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1 (1) A day care center, residential home, community home, or group home
2 or child care facility as defined in R.S. 46:1403; or
3 (2) A family child day care home as defined in R.S. 46:1441.1.
4 B. No person shall knowingly permit a person convicted of a sex offense as
5 defined in R.S. 15:541 physical access to any of the following facilities: early
6 learning center as defined by R.S. 17:407.33, residential home as defined by R.S.
7 46:1403, or residence in which child care services are provided by a family child
8 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
9 seq.
10 (1) A day care center, residential home, community home, group home, or
11 child care facility as defined in R.S. 46:1403; or
12 (2) A family child day care home as defined in R.S. 46:1441.1.
13 * * *
14 Section 2. R.S. 15:538(D)(1)(b) and (c) and (6)(b) and (c) are hereby amended and
15reenacted to read as follows:
16 §538. Conditions of probation, parole, and suspension or diminution of sentence
17 * * *
18 D.(1) No sexual offender, whose offense involved a minor child, shall be
19 eligible for probation, parole, or suspension of sentence unless, as a condition
20 thereof, the sexual offender is prohibited from:
21 * * *
22 (b) Going in, on, or within one thousand feet of a day care center, group
23 home, residential home, or child care facility as defined in R.S. 46:1403, a family
24 child day care home as defined in R.S. 46:1441.1, playground, public or private
25 youth center, public swimming pool, or free-standing video arcade facility any of the
26 following:
27 (i) Early learning center as defined by R.S. 17:407.33.
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1 (ii) Residence in which child care services are provided by a family child
2 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
3 seq.
4 (iii) Residential home as defined by R.S. 46:1403.
5 (iv) Playground.
6 (v) Public or private youth center.
7 (vi) Public swimming pool.
8 (vii) Free standing video arcade facility.
9 (c) Physically residing within one thousand feet of any public or private
10 elementary or secondary school, day care center, group home, residential home, or
11 child care facility as defined in R.S. 46:1403, a family child day care home as
12 defined in R.S. 46:1441.1, playground, public or private youth center, public
13 swimming pool, or free-standing video arcade facility of the following:
14 (i) Public or private elementary or secondary school.
15 (ii) Early learning center as defined by R.S. 17:407.33.
16 (iii) Residence in which child care services are provided by a family child
17 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
18 seq.
19 (iv) Residential home as defined by R.S. 46:1403.
20 (v) Playground.
21 (vi) Public or private youth center.
22 (vii) Public swimming pool.
23 (viii) Free standing video arcade facility.
24 * * *
25 (6) Any sexual offender, whose offense involved a minor child, and who was
26 placed on probation or was paroled prior to August 15, 2004, and is on probation or
27 parole as of August 15, 2005, shall have the following prohibitions added as
28 conditions of probation and parole pursuant to Code of Criminal Procedure Articles
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1 895 and 896 or R.S. 15:574.4 and 574.7:
2 * * *
3 (b) Going in, on, or within one thousand feet of a day care center, group
4 home, residential home, or child care facility as defined in R.S. 46:1403, a family
5 child day care home as defined in R.S. 46:1441.1, playground, public or private
6 youth center, public swimming pool, or free-standing video arcade facility any of the
7 following:
8 (i) Early learning center as defined by R.S. 17:407.33.
9 (ii) Residence in which child care services are provided by a family child
10 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
11 seq.
12 (iii) Residential home as defined by R.S. 46:1403.
13 (iv) Playground.
14 (v) Public or private youth center.
15 (vi) Public swimming pool.
16 (vii) Free standing video arcade facility.
17 (c) Physically residing within one thousand feet of any public or private
18 elementary or secondary school, day care center, group home, residential home, or
19 child care facility as defined in R.S. 46:1403, a family child day care home as
20 defined in R.S. 46:1441.1, playground, public or private youth center, public
21 swimming pool, or free-standing video arcade facility of the following:
22 (i) Early learning center as defined by R.S. 17:407.33.
23 (ii) Residence in which child care services are provided by a family child
24 care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et
25 seq.
26 (iii) Residential home as defined by R.S. 46:1403.
27 (iv) Playground.
28 (v) Public or private youth center.
29 (vi) Public swimming pool.
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1 (vii) Free standing video arcade facility.
2 * * *
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 75 Engrossed 2018 Regular Session Dwight
Abstract: Updates citations and terminology for certain child care facilities in provisions
of law that prohibit sex offenders from working at, or from establishing a residence
or being physically present within a certain distance of, such facilities.
Present law provides for certain crimes and conditions of probation or parole which prohibit
a sex offender from establishing a residence or being physically present within a specified
distance of certain child care facilities, and from owning, operating, participating in the
governance of, or working in, certain child care facilities. Such facilities include but are not
limited to a day care center, group home, residential home, child care facility, family child
day care home, or community home.
Present law provides that the terms "day care center", "group home", "residential home" and
"child care facility" are defined by R.S. 46:1403. Present law also provides that the term
"family child day care home" is defined by R.S. 46:1441.1. These citations referring to the
definition of these terms are no longer accurate, and have been either amended, relocated,
or repealed by prior Acts of the legislature.
Proposed law amends present law as follows to refer to the correct citations in present law
that define each term:
(1)With regard to "day care center", which is no longer defined by R.S. 46:1403 but is
instead referred to as a "child day care center" defined by R.S. 17:407.33, proposed
law amends present law to refer to such facilities as "early learning centers" which
is defined by present law (R.S. 17:407.33) to include any child day care center, Early
Head Start Centers, Head Start Centers, and stand-alone prekindergarten programs
not attached to a school. (See Acts 2013, No. 179 and Acts 2014, No. 868)
(2)With regard to "group home" and "community home", proposed law removes these
terms from present law as they are no longer defined terms under R.S. 46:1403 or
any other provision of present law. (See Acts 2013, No. 179)
(3)With regard to "residential home", which is currently defined by R.S. 46:1403,
proposed law retains present law.
(4)With regard to "family child day care home", which is no longer a defined term
under present law, proposed law amends present law to refer to such places as any
residence in which child care services are provided by a family child care provider
or in-home provider who is registered pursuant to present law (R.S. 17:407.61 et
seq.).
(5)With regard to "child care facility", which is undefined under present and prior law,
proposed law removes this term from present law.
(Amends R.S. 14:91.1(A), 91.2(A)(2) and (3) and (B), 91.3(A), and 91.4(A) and (B) and
R.S. 15:538(D)(1)(b) and (c) and (6)(b) and (c))
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