HASBSB371 WAGNERJ 4152
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 371 2024 Regular Session Barrow
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
CRIME/PUNISHMENT. Provides for surgical castration of persons convicted of certain
crimes when the victim is under the age of thirteen. (8/1/24)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Make technical changes.
2. Provide that proposed law not apply to an offender under the age of 17 years.
3. Provide that certain sex offenders may not reside or be present in certain
areas when the victim was under 14 years of age.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 371 Reengrossed 2024 Regular Session Barrow
Proposed law provides that when an offender over the age of 17 years 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.
Present law provides that a person convicted of certain sex offenses may not be present or
reside in certain locations when his victim was under the age of 13 years.
Proposed law increases the age of the victim of the underlying sex offense required as an
element of the crime from 13 years to 14 years.
Effective August 1, 2024.
(Amends R.S. 14:91.2(A)(intro para.) and (B)(intro para.); adds R.S. 14:43.7)
______________________
Jonathon Wagner
Staff Attorney