HLS 21RS-170 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 56
BY REPRESENTATIVE BAGLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSE/REGISTRY: Provides relative to identifying a sex offender through
driver's licenses and identification cards
1 AN ACT
2To amend and reenact R.S. 32:412(I) and 40:1321(J), relative to sex offenders; to provide
3 relative to the driver's license of sex offenders; to provide relative to the
4 identification card of sex offenders; to provide relative to the period of validity of the
5 sex offender's identification card and driver's license; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:412(I) is hereby amended and reenacted to read as follows:
9 §412. Amount of fees; credit or refund; duration of license; veteran designation;
10 disabled veteran designation; university logo; "I'm a Cajun" designation;
11 needs accommodation designation; autism spectrum disorder designation;
12 disbursement of funds; renewal by mail or electronic commerce of Class "D"
13 or "E" drivers' licenses; disposition of certain fees; exception
14 * * *
15 (I)(1)(a) The Louisiana driver's license, regardless of its class, issued to any
16 person who is required to register as a sex offender pursuant to R.S. 15:542 and R.S.
17 15:542.1 shall contain a restriction code which declares that the license holder is a
18 sex offender. The secretary of the Department of Public Safety and Corrections shall
19 comply with the provisions of this Subsection and the driver's license shall include
20 the words "sex offender" classification T1, T2, or T3 which shall be orange in color.
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HB NO. 56
1 (b) Pursuant to R.S. 15:544, T1 classification is for persons required to
2 register for fifteen years; T2 classification is for persons required to register for
3 twenty-five years; and T3 classification is for persons required to register for life.
4 (2) Any person to whom this Subsection applies shall carry upon his person
5 the last driver's license issued to him.
6 (3) The department shall issue a license required pursuant to this Subsection
7 for a period of one year. When the department issues a license pursuant to this
8 Subsection the license shall be valid for a period of one year from the date of
9 issuance.
10 (4) Any person to whom this Subsection applies shall personally appear at
11 a motor vehicle field office to renew his driver's license every year, in addition to the
12 yearly reregistration pursuant to R.S. 15:542 et seq. Reregistration shall include the
13 submission of current information to the department and the verification of
14 registration information, including the street address and telephone number of the
15 registrant; name, street address and telephone number of the registrant's employer,
16 and any other registration information that may need to be verified. Upon successful
17 completion of reregistration, the bureau shall electronically transmit this fact to the
18 office of motor vehicles which may then proceed to renew the driver's license. In
19 order to reimburse the office of motor vehicles for the cost of a yearly issuance, the
20 regular renewal fee shall be collected at each renewal pursuant to this Subsection.
21 (5) The provisions of this Subsection shall apply to all registered sex
22 offenders regardless of the date of conviction.
23 * * *
24 Section 2. R.S. 40:1321(J) is hereby amended and reenacted to read as follows:
25 §1321. Special identification cards; issuance; veteran designation; disabled veteran
26 designation; university logo; "I'm a Cajun" designation; needs
27 accommodation designation; fees; expiration and renewal; exceptions;
28 promulgation of rules; promotion of use; persons less than twenty-one years
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HB NO. 56
1 of age; the Protect and Save our Children Program; Selective Service
2 Registration
3 * * *
4 J.(1)(a) Any person required to register as a sex offender with the Louisiana
5 Bureau of Criminal Identification and Information, as required by R.S. 15:542 et
6 seq., shall obtain, only if the individual does not have a valid license in accordance
7 with R.S. 32:412(I), a special identification card issued by the Department of Public
8 Safety and Corrections which shall contain a restriction code declaring that the
9 holder is a sex offender. This special identification card shall include the words "sex
10 offender" in all capital letters classification T1, T2, or T3 which are orange in color
11 and shall be valid for a period of one year from the date of issuance. This special
12 identification card shall be carried on the person at all times by the individual
13 required to register as a sex offender.
14 (b) Pursuant to R.S. 15:544, T1 classification is for persons required to
15 register for fifteen years; T2 classification is for persons required to register for
16 twenty-five years; and T3 classification is for persons required to register for life.
17 (2) Each person required to carry a special identification card pursuant to this
18 Subsection shall personally appear, annually, at a field office of the office of motor
19 vehicles to renew his or her special identification card but only after he or she has
20 registered as an offender pursuant to R.S. 15:542 et seq. Reregistration shall include
21 the submission of current information to the department and the verification of this
22 information, which shall include the street address and telephone number of the
23 registrant; the name, street address and telephone number of the registrant's
24 employer, and any registration information that may need to be verified by the
25 bureau. No special identification card shall be issued or renewed until the office of
26 motor vehicles receives confirmation from the bureau, electronically or by other
27 means, that the reregistration of the sex offender has been completed.
28 (3) The provisions of this Subsection shall apply to all sex offenders required
29 to register pursuant to R.S. 15:542 et seq., regardless of the date of conviction.
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HB NO. 56
1 (4)(3) Whoever violates this Subsection shall be fined not less than one
2 hundred dollars and not more than five hundred dollars, or imprisoned for not more
3 than six months, or both.
4 * * *
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 56 Original 2021 Regular Session Bagley
Abstract: Replaces the words "sex offender" with tier classifications on the driver's license
or identification card of a registered sex offender and removes the one-year period
of validity.
Present law provides a La. driver's license issued to a registered sex offender shall contain
a restriction code which declares that the license holder is a sex offender, and present law
requires the secretary of the Dept. of Public Safety and Corrections to comply with the
provisions of present law.
Present law (R.S. 32:412(I)) requires that the driver's license of a registered sex offender
include the words "sex offender" written in orange.
Present law also requires that a registered sex offender obtain a special identification card
that contains a restriction code declaring that the holder is a sex offender.
Present law provides that when the Dept. of Public Safety and Corrections issues a driver's
license pursuant to present law, the license is only valid for one year from the date of
issuance.
Present law (R.S. 40:1321(J)) provides that the identification card shall include the words
"sex offender" in all capital letters written in orange and shall be valid for a period of one
year from the date of issuance. Present law further provides that the special identification
card shall be carried on the person at all times by the individual required to register as a sex
offender.
Proposed law retains present law. Proposed law replaces the words "sex offender" with tier
classifications on the driver's license and identification card of a registered sex offender.
Proposed law provides that the T1 classification is for persons required to register for 15
years; T2 classification is for persons required to register for 25 years; and T3 classification
is for persons required to register for life.
Proposed law specifies that an identification card shall be obtained if the person required to
register as a sex offender does not have a driver's license.
Proposed law removes the one-year period of validity for the registered sex offender's
identification card and driver's license and proposed law removes any present law provision
referencing the one year period of validity.
(Amends R.S. 32:412(I) and 40:1321(J))
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