Louisiana 2024 2024 Regular Session

Louisiana Senate Bill SB371 Comm Sub / Analysis

                    The original instrument was prepared by Jonathon Wagner. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Alden
A. Clement, Jr.
DIGEST
SB 371 Reengrossed 2024 Regular Session	Barrow
Proposed law provides that when an offender commits a sex offense against a victim under the age
of 13 years, and the sex offense is also an aggravated offense as defined in present law, except for
(1) sexual battery of a victim under the age of 13 years when the offender is 17 years of age or older
and (2) second degree sexual battery, the court may sentence the offender to surgical castration.
Proposed law further provides that the procedure is contingent upon a determination by a court-
appointed medical expert that the defendant is an appropriate candidate for surgery, which
determination must be made within 60 days of imposition of sentence. Proposed law further provides
that when the offender is sentenced to a period of incarceration or confinement, the procedure must
be performed no later than one week prior to the release of the offender.
Proposed law requires the Dept. of Public Safety and Corrections to provide the services necessary
to complete the procedure, but the procedure will not be performed if it is not medically appropriate.
Proposed law further provides that if an offender fails to appear or refuses to undergo the procedure,
the offender may be charged with failure to comply with the court order and sentenced to
imprisonment for between three and five years, without benefit of parole, probation, or suspension
of sentence.
Effective August 1, 2024.
(Adds R.S. 14:43.7)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provide that proposed law only applies to sex offenses that are also "aggravated
offenses" under present law.