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are no longer accurate, and have been either amended, relocated, or repealed by prior Acts of the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))