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 162 Engrossed 2019 Regular Session Connick
Abstract: Adds sexual battery of a victim who is under the age of 13 to the list of offenses for
which a an offender may be treated with medroxyprogesterone acetate, and provides relative
to medical evaluations of such offenders prior to administration of the treatment.
Present law provides that for convictions of certain enumerated sex offenses, the following shall
apply:
(1)Upon a first conviction, the court may sentence the offender to be treated with
medroxyprogesterone acetate (MPA), according to a schedule of administration monitored
by the Dept. of Public Safety and Corrections.
(2)Upon a second or subsequent conviction, the court shall sentence the offender to be treated
with medroxyprogesterone acetate (MPA), according to a schedule of administration
monitored by the Dept. of Public Safety and Corrections.
Provisions of this present law applies to the following offenses: (R.S. 14:42) aggravated or first
degree rape, (R.S. 14:42.1) forcible or second degree rape, (R.S. 14:43.2) second degree sexual
battery, (R.S. 14:81.2(D)(1)) molestation of a juvenile when the victim is under the age of 13, and
(R.S. 14:89.1) aggravated crime against nature.
Proposed law retains present law and adds the present law crime of sexual battery when the victim
is under the age of 13 (R.S. 14:43.1(C)(2)) to the list of offenses to which this law applies.
Present law provides that an order of the court sentencing a defendant to medroxyprogesterone
acetate (MPA) treatment shall be contingent upon a determination by a court appointed medical
expert that the defendant is an appropriate candidate for treatment. This determination shall be made
not later than 60 days from the imposition of sentence.
In addition, present law provides that in all cases involving defendants sentenced to a period of
incarceration or confinement in an institution, the administration of treatment with
medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant's
release from prison or such institution.
Proposed law amends present law to provide that the present law determination by the medical
expert shall be made not later than 60 days from the imposition of sentence, unless the defendant is
sentenced to incarceration or confinement for a period of time that is 10 years or more. In such cases, proposed law provides that the commencement of the administration of treatment with
medroxyprogesterone acetate (MPA) shall be contingent upon a medical evaluation to determine
whether the defendant is an appropriate candidate for treatment, which shall be conducted not sooner
than 30 days prior to the commencement of the administration of the treatment.
(Amends R.S. 14:43.6(A), (B)(1), and (C)(1) and (2))