Louisiana 2023 Regular Session

Louisiana House Bill HB659 Latest Draft

Bill / Enrolled Version

                            ENROLLED
2023 Regular Session
HOUSE BILL NO. 659  (Substitute for House Bill No. 31 by Representative Romero)
BY REPRESENTATIVE ROMERO AND SENATORS ABRAHAM, BARROW, FOIL,
AND MIZELL
1	AN ACT
2 To enact Chapter 3-G of Title 15 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 15:563 through 563.3, relative to reporting requirements of persons convicted
4 of certain offenses against minors; to provide for registration; to provide relative to
5 the duty of offenders to notify law enforcement; to provide relative to the failure to
6 register; to provide relative to the duration of registration requirements; and to
7 provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  Chapter 3-G of Title 15 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 15:563 through 563.3, is hereby enacted to read as follows:
11 CHAPTER 3-G.  REGISTRATION OF PERSONS WHO COMMIT CERTAIN
12	OFFENSES AGAINST MINORS
13 §563.  Registration of persons convicted of certain offenses against minors
14	A.  Any person twenty-one years of age or older residing in this state who has
15 been convicted of any of the following offenses where the victim is a minor, as
16 defined in Children's Code Article 116, shall be required to register in person with
17 the sheriff of the person's residence, or residences, if there is more than one, and with
18 the chief of police if the address of any of the person's residences is located in an
19 incorporated area which has a police department:
20	(1)  R.S. 14:34 (Aggravated battery)
21	(2)  R.S. 14:34.7 (Aggravated second degree battery)
22	B.(1)  The offender shall register with the appropriate law enforcement
23 agency provided in Subsection A of this Section and provide all of the following
24 information:
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1	(a)  Name and any aliases used by the offender.
2	(b)  Physical address or addresses of residence.
3	(c)  Two forms of proof of residence for each residential address provided,
4 including but not limited to a driver's license, bill for utility service, and bill for
5 telephone service.  If those forms of proof of residence are not available, the offender
6 may provide an affidavit of an adult resident living at the same address.  The
7 affidavit shall certify that the affiant understands his obligation to provide written
8 notice pursuant to R.S. 15:563.2.
9	(d)  The crime for which he was convicted and the date and place of such
10 conviction, and if known by the offender, the court in which the conviction was
11 obtained, the docket number of the case, the specific statute under which he was
12 convicted, and the sentence imposed.
13	(e)  A current photograph of himself.
14	(f)  Telephone numbers, including fixed location phone and mobile phone
15 numbers assigned to the offender or associated with any residence address of the
16 offender.
17	(g)  A description of every vehicle registered to or operated by the offender,
18 including license plate number and a copy of the offender's driver's license or
19 identification card.
20	(h)  Social security number and date of birth.
21	(i)  Past or current employment, membership, or association with a public
22 safety agency or emergency service organization.
23	(2)  Every offender required to register in accordance with this Chapter shall
24 appear in person and provide the information required by Paragraph (1) of this
25 Subsection to the appropriate law enforcement agency within thirty business days of
26 establishing residence in Louisiana, or if a current resident, within thirty business
27 days after conviction or adjudication if not immediately incarcerated or taken into
28 custody after conviction or adjudication.  If incarcerated, once released from
29 confinement, every offender shall appear in person within thirty business days to
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1 register with the appropriate law enforcement agency pursuant to the provisions of
2 this Section.
3	(3)  Knowingly providing false information to the appropriate law
4 enforcement agency pursuant to the provisions of this Chapter shall constitute a
5 failure to register pursuant to R.S. 15:563.2.
6 §563.1.  Duty of offenders to notify law enforcement of change of address,
7	residence, or other registration information
8	A.  Those persons required to register pursuant to the provisions of this
9 Chapter shall appear in person at the appropriate law enforcement agency within
10 thirty business days of establishing a new or additional physical residential address
11 or of changes in information previously provided when any of the following occur:
12	(1)  The offender changes his place of residence or establishes a new or
13 additional residence.
14	(2)  The offender has vacated his current address of registration with the
15 intent not to return.
16	(3)  The offender has been absent from his current address of registration for
17 more than ninety consecutive days or an aggregate of ninety days or more per
18 calendar year and is physically present at another address during that same time
19 period.
20	(4)  The offender has a change in name.
21	B.  The notice of change of address required by this Section shall include
22 proof of residence as required by R.S. 15:563(B)(1)(c).
23	C.  Any person who commits an offense provided in R.S. 15:563(A) who
24 fails to provide change of address or other information as provided in this Section
25 shall be subject to criminal prosecution as provided in R.S. 15:563.2.
26 §563.2.  Failure to register; penalties
27	A.  A person who fails to register, periodically renew and update registration,
28 provide proof of residence or notification of change of address or other registration
29 information, as required by the provisions of this Chapter, and a person who
30 knowingly provides false information to the appropriate law enforcement agency as
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1 provided in R.S. 15:563(B)(3), shall be fined not more than one thousand dollars,
2 imprisoned for not more than six months, or both.
3	B.(1)  Any person who certifies by affidavit the location of the residence of
4 the offender shall send written notice to the appropriate law enforcement agency.
5 This notification shall be made any time the offender is absent from the residence for
6 a period of ninety days or more, or the offender vacates the residence with the intent
7 to establish a new residence at another location.  This notification shall be sent
8 within thirty days of the offender vacating the residence with the requisite intent.
9	(2)  Any person who fails to provide the notice required by this Subsection
10 shall be fined not more than five hundred dollars, imprisoned for not more than six
11 months, or both.
12 §563.3.  Duration of registration and notification period
13	A.  A person required to register pursuant to the provisions of this Chapter
14 shall comply with the requirement as long as they are under an order of
15 imprisonment for a first, second, or third offense and for the duration of the lifetime
16 of the offender for a fourth or subsequent offense, unless the underlying conviction
17 is reversed, set aside, or vacated.
18	B.  The provisions of this Chapter shall not apply to any person who obtained
19 an expungement pursuant to Title XXXIV of the Code of Criminal Procedure.
20 Section 2.  This Act shall be known as the "Remy Mann Act".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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