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September 16, 2014

Legislation

Legislative Highlights 2009-2010

In the 2010 Legislative session, new laws were enacted as follows:

HB 825 Act 387-Amends and reenacts R.S. 15:541 relative to crimes involving trafficking by adding Human Trafficking and Trafficking of Children for Sexual Purpose to those sexual offenses requiring registration and notification. Human Trafficking under R.S. 14:46.2(B)(2) Adult will be placed in Tier I (15 year registration and notification) Human Trafficking under R.S. 14:46.2(B)(3) Person under the age of 18 will be placed in Tier II (25 year registration and notification) and Trafficking of Children for Sexual Purpose R.S. 14:41.3 will be placed in Tier III (lifetime registration and notification).

HB 1155 Act 882- Makes many technical revisions to sex offender registration and notification requirements. Amends aggravated rape definition to include those that have been adjudicated delinquent or convicted of the perpetration, attempted perpetration or conspiracy to commit aggravated oral sexual battery (formerly R.S. 14:43.4, repealed by Acts 2001) occurring prior to August 15, 2001. Adds this crime to the list of sex offenses requiring registration and notification and places it in Tier III (lifetime registration and notification).

Amends statute for any offender convicted under the laws of another state, or military, territorial, foreign, tribal or federal law who establishes a residence in this state and is required to register and notify pursuant to the provision of this chapter to read that the period of registration begins upon the initial registration in Louisiana and that any prior period of registration in another state does not apply.

Also amends 15:542 to state that no registration in this parish of conviction is necessary if the offender is incarcerated at the time of conviction or immediately taken into custody by law enforcement after the conviction.

HB 1314 Act 413 Enacts 15:542.1(A)(5) which requires any adult residing in the state who has pled guilty to, has been convicted of or where adjudication has been deferred or withheld for the perpetration, attempted perpetration or conspiracy to commit a sex offense as defined in R.S. 15:541 or a criminal offense against a minor as defined in 15:541 shall be required to the number of his physical address in a conspicuous place on the outside of the residence. The posted number shall be prominently displayed and shall be of a sufficient size and legibility such that it will be visible to an ordinarily observant person approaching the residence during the daylight hours.

HB 1436 Act 859 Amends R.S. 15:542 relative to sex offender notification requirements, to require the principal of any school, upon receipt of the notification from the superintendent of schools, pursuant to the provisions outlined in 15:542, shall post notice at the school, in conspicuous area, accessible by all students attending the school, which contains a photograph of the offender and which states the offender name, address and a statement on the notice, commensurate with the education level of the school, which in the discretion of the principal, appropriately notifies the students of the potential danger of the offender.

SB 780 Act 973 Amends R.S. 15:529 1(A), 15:543.1 and enacts 15:553, known as the Justin M. Bloxom Act, in honor of Justin M. Bloxom, a resident of Stonewall, Louisiana, who was murdered on March 30, 2010.

If the second felony and the prior felony are sex offenses as defined in R.S. 15:541 or the prior felony would be a sex offense as defined in R.S. 15:541 except it occurred prior to June 18, 1992 or the conviction was obtained under the laws of any other state, the United States or any foreign government, the person shall be sentenced to imprisonment at hard labor for a determinate term not less than two-thirds of the longest possible sentence for the conviction and not more than three times the longest possible sentence prescribed for a first conviction, without benefit of probation, parole or suspension of sentence.

If the second felony and the prior felony are sex offenses as defined in R.S. 15:541 or the prior felony would be a sex offense as defined in R.S. 15:541 except it occurred prior to June 18, 1992 or the conviction was obtained under the laws of any other state, the United States or any foreign government and the victims of the previous offense and the instant offenses were under the age of thirteen years at the time of the commission of the offense or any part thereof, the person shall be imprisoned for the remainder of his natural life, without benefit of parole, probation or suspension of sentence.

553 Prohibition of employment for certain sex offenders.

A. It shall be unlawful for any person who is required to maintain registration pursuant to Chapter 3-B of Title 15, to operate any bus, taxicab or limousine for hire.

B. It shall be unlawful for any person who is required to maintain registration pursuant to Chapter 3-B of Title 15 to engage in employment as a service worker who goes into a residence to provide any type of service.

C. It shall be unlawful for any person whose offense involved a minor child and who is required to maintain registration pursuant to Chapter 3-B of Title 15 to operate any carnival or amusement ride.

Any person who violates the provision of this section shall be fined not more than ten thousand dollars and imprisoned for not less than five years nor more than ten years, at hard labor. Three years shall be served without benefit of parole, probation or suspension of sentence.

The provision of this section shall apply only to a person ordered the court to register as a sex offender on or after August 15, 2010.

SB 381 Act 882 Amends and reenact R.S. 14:89 (A) and to enact R.S. 14:89.2, to create the crime against nature by solicitation.

Crime Against Nature by Solicitation is the solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation.

Whoever violates the provision of this section, on  a first conviction thereof, shall be fined not more than five hundred dollars, imprisoned for not more than 6 months or both.

Whoever violates the provision of this section, on a second or subsequent conviction, therefore, shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than five years or both.

Whoever violates the provision of this section, when the person being solicited is under the age of seventeen years, shall be fined not more than two thousand dollars or imprisoned with or without hard labor, for not more than five years.

A violation of the provision of paragraph (B)(2) and (3) of this section shall be considered a sex offense as defined in R.S. 15:541 and the offender shall be required to register as a sex offender for a period of 15 years.

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