The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 371 2024 Regular Session Barrow
Keyword and summary of the bill as proposed by the Conference Committee
CRIME/PUNISHMENT. Provides for the surgical castration of persons convicted of certain sex
offenses when the victim is under the age of thirteen years. (8/1/24)
Report adopts House amendments to:
1. Provide that proposed law does not apply to an offender under the age of 17 years.
2. Make technical changes.
Report rejects House amendments which would have:
1. Raised the the maximum age of the victim of a sex offense underlying the crime of
unlawful presence of a sex offender from 13 years to 14 years.
Report amends the bill to:
1. Raise the maximum age of the victim of the underlying aggravated sex offense
required as an element of the crime of unlawful presence of a sex offender from 13
years to 15 years.
2. Add the crime of pornography involving juveniles when the victim is under the age
of 15 as an underlying offense to the crime of unlawful presence of a sex offender.
Digest of the bill as proposed by the Conference Committee
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 offender 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 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 an aggravated sex offense as defined in present law
may not be present or reside in certain locations when the victim was under the age of 13 years.
Proposed law increases the maximum age of the victim of the underlying aggravated sex offense
required as an element of the crime of unlawful presence of a sex offender from 13 years to 15 years.
Proposed law also adds the crime of pornography involving juveniles when the victim is under the
age of 15 as an underlying offense to the crime of unlawful presence of a sex offender.
Proposed law otherwise retains present law.
Effective August 1, 2024.
(Amends R.S. 14:91.2(B)(intro. para.); adds R.S. 14:43.7)