HLS 19RS-121 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 5
BY REPRESENTATIVE DWIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSE/REGISTRY: Prohibit convicted sex offenders from participating in or
being physically present in a home school program
1 AN ACT
2To enact R.S. 14:91.10, relative to persons convicted of a sex offense; to prohibit persons
3 convicted a sex offense from participating in a home school program; to prohibit
4 persons convicted of a sex offense from being physically present in certain locations
5 used for home study program purposes; to provide for exceptions; to provide for
6 definitions; to provide for penalties; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:91.10 is hereby enacted to read as follows:
9 ยง91.10. Unlawful participation and presence of a sex offender in a home study
10 program
11 A. Any person convicted of a sex offense as defined by R.S. 15:541 is
12 prohibited from all of the following:
13 (1) Volunteering for, providing services to, or being employed by a home
14 study program.
15 (2)(a) Being physically present in a residential home used for home study
16 purposes during the time in which the home study program is conducted.
17 (b) The provisions of Subparagraph (a) of this Paragraph do not apply to a
18 student of the home study program who was convicted of a sex offense as defined
19 by R.S. 15:541.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 5
1 (3)(a) Being physically present in a home education center or facility that
2 offers space for use by a home study program during the time in which the home
3 study program is being conducted.
4 (b) The provisions of Subparagraph (a) of this Paragraph do not apply to a
5 student of the home study program who was convicted of a sex offense as defined
6 by R.S. 15:541.
7 B. For purposes of this Section, "home study program" is an educational
8 program in which the curriculum is implemented by a parent or tutor and includes
9 but is not limited to a home study program approved by the State Board of
10 Elementary and Secondary Education pursuant to R.S. 17:236.1.
11 C. Whoever violates the provisions of this Section shall be fined not more
12 than one thousand dollars, imprisoned with or without hard labor for not more than
13 one year, or both.
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 5 Original 2019 Regular Session Dwight
Abstract: Creates a crime that prohibits a convicted sex offender from volunteering for,
providing services to, or being employed by a home study program or from being
physically present in a home used by a home study program.
Proposed law creates a crime that prohibits any person convicted of a sex offense as defined
by present law from all of the following:
(1)Volunteering for, providing services to, or being employed by a home study
program.
(2)Being physically present in a residential home used for home study purposes during
the time in which the home study program is conducted. Provides an exception to
this prohibition for a student of the home study program who was convicted of a sex
offense.
(3)Being physically present in a home education center or facility that offers space for
use by a home study program during the time in which the home study program is
being conducted. Provides an exception to this prohibition for a student of the home
study program who was convicted of a sex offense.
Proposed law defines "home study program" as an educational program in which the
curriculum is implemented by a parent or tutor and includes but is not limited to a home
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-121 ORIGINAL
HB NO. 5
study program approved by the State Board of Elementary and Secondary Education
pursuant to present law.
Proposed law provides that any person convicted of the offense shall be fined not more than
$1,000, imprisoned with or without hard labor for not more than one year, or both.
(Adds R.S. 14:91.10)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.