reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:502. Testimony by simultaneous broadcast

RS 15:502 - Testimony by simultaneous broadcast
A. The court may authorize the following persons to testify by simultaneous transmission through audiovisual equipment, if such technology is available in the courtroom, during any criminal proceeding; juvenile court proceeding; or any family court proceeding which is of a criminal nature, and any civil forfeiture proceeding arising from alleged criminal activity:
(1) Employees of criminalistics laboratories.
(2) Coroners.
(3) Forensic pathologists.
(4) Any other person practicing in the field of knowledge and expertise in the gathering, examination, and analysis of evidence by scientific means.
B. The party seeking to offer testimony as provided in Subsection A of this Section shall, in all cases, except those in juvenile court which are of a noncriminal nature, provide written notice to opposing counsel not less than thirty days prior to the commencement of the proceeding. A party in a case in juvenile court which is of a noncriminal nature seeking to offer testimony as provided in Subsection A of this Section shall provide written notice to opposing counsel not less than three days prior to the commencement of the proceeding.
C. The party seeking to introduce testimony in this manner shall be responsible for coordinating the audiovisual feed into the courtroom. Nothing in this Section shall be construed to require court personnel to assist in the preparation or presentation of testimony provided by the provisions of this Section.
D. Nothing in this Section shall be construed as to prohibit the use of a subpoena to compel any such witness to physically appear and testify in person. When the attorney for the defendant, or the defendant acting in his own defense, requests that a subpoena be issued to the person who performed the examination or analysis, the request shall be in writing or shall contain a certification that the attorney or the defendant intends in good faith to conduct the cross-examination.
Acts 2009, No. 272, §1; Acts 2020, No. 39, §1, eff. June 4, 2020.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:511. Court reporters, retention and destruction of notes and recordings of criminal cases

RS 15:511 - Court reporters, retention and destruction of notes and recordings of criminal cases
A. The court reporter shall retain indefinitely all notes and tape recordings of a criminal case. However, if the record of the trial or other criminal proceeding is fully transcribed, the court reporter shall retain all notes and tape recordings which have been fully transcribed for a period of not less than two years after transcription is completed. In criminal cases where all defendants are acquitted, the court reporter need not retain the notes and tape recordings. The court reporter shall destroy any notes and tape recordings of any matter upon order of a court of competent jurisdiction.
B. The notes and tape recordings of any criminal case which are retained by a court reporter pursuant to the provisions of this Section shall be the property of the court in which the case was heard. The court reporter shall have the duty to retain and maintain all such notes and tape recordings pursuant to the provisions of this Section, although the notes and tape recordings shall remain the property of the court.
Acts 1986, No. 546, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:521. Certificates of official driving records

RS 15:521 - Certificates of official driving records
A. Upon the request of any party to a criminal case, or to a case in juvenile or family court which is of a criminal nature, or to a civil forfeiture proceeding arising from criminal activity, the Department of Public Safety and Corrections, office of motor vehicles, is authorized to make proof of the official driving record of a person by the certificate of the assistant secretary or the assistant secretary's designees. Such certificate shall include the following information:
(1) The date and time the certificate is completed.
(2) The name, physical and mailing address, driver's license number, social security number if available, the date of birth, and any other identifying information that may be on file with the department of the person whose driving record is being certified.
(3) A description of all convictions on the person's driving record, including date of offense, date of conviction, the convicting court, and a description of the offense for which the person was convicted. The convictions shall be included in the certificate even if the conviction has been set aside and dismissed in accordance with the Code of Criminal Procedure.
(4) A description of all suspensions or revocations on the person's driving record:
(a) The description shall include the date the suspension commences, the date the suspension ends if applicable, and the reason for the suspension.
(b) If the suspension or revocation is stayed or pending, the certificate shall indicate that fact.
(c) The description should indicate if a suspension or revocation has been reinstated and, if so, should also indicate the date of reinstatement.
(5) Such other information as the department may deem appropriate or necessary.
B. The certificate shall be signed by the assistant secretary or a person designated by the assistant secretary to complete the certificate.
C. The certificate shall not be a public record and shall be used only in accordance with R.S. 15:522.
Acts 2003, No. 631, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:522. Admissibility

RS 15:522 - Admissibility
In all criminal cases and in all cases in juvenile or family courts which are of a criminal nature, and in civil forfeiture proceedings arising from criminal activity, the courts of this state shall receive as evidence any certificate made in accordance with R.S. 15:521 subject to the conditions contained in this Section and R.S. 15:523. The certificate shall be received in evidence as prima facie proof of the facts shown thereon.
Acts 2003, No. 631, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:523. Notice of opposing party and opportunity to cross-examine expert; certification of subpoena request

RS 15:523 - Notice of opposing party and opportunity to cross-examine expert; certification of subpoena request
A. The party seeking to introduce a certificate made in accordance with R.S. 15:521 shall, not less than ten days prior to the commencement of the trial, give written notice of intent to offer proof by certificate. Such notice shall include a copy of the certificate.
B.(1) The party against whom such certificate is offered shall be permitted to subpoena on cross-examination a representative of the department. If the subpoena is requested at least five days prior to the commencement of trial or the person subpoenaed responds to the subpoena, the certificate shall not be prima facie proof of the facts shown thereon.
(2) When the attorney for the defendant, or the defendant acting in his own defense, requests that a subpoena issue to a representative of the department, the request shall be in writing and shall contain a certification that the attorney or the defendant intends in good faith to conduct the cross-examination.
Acts 2003, No. 631, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:529.2. Intensive parole supervision for certain habitual offenders

RS 15:529.2 - Intensive parole supervision for certain habitual offenders
A. Notwithstanding any other provisions of law to the contrary, the secretary of the Department of Public Safety and Corrections may release to intensive parole supervision any person sentenced pursuant to R.S. 15:529.1 and denied eligibility for diminution of sentence when the offender meets the requirements of this Section and of any rules or regulations adopted by the secretary in accordance with the provisions of this Section.
B. The secretary may release offenders pursuant to the provisions of this Section only if all of the following conditions exist:
(1) The offender has no convictions for a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541.
(2) The offender is within six months of his projected release date.
(3) The offender has not committed any major disciplinary offenses in the twelve consecutive months prior to release.
(4) The offender has completed the mandatory minimum of one hundred hours of prerelease programming in accordance with R.S. 15:827.1.
(5) The offender has completed substance abuse treatment as applicable.
(6) The offender has obtained a high school equivalency diploma, unless the offender has previously obtained a high school diploma or is deemed by a certified educator as being incapable of obtaining a high school equivalency diploma due to a learning disability. If the offender is deemed incapable of obtaining a high school equivalency diploma, the offender shall complete at least one of the following:
(a) A literacy program.
(b) An adult basic education or general education development program.
(c) A job skills program.
(7) The offender has obtained a low-risk level designation determined by a validated risk assessment instrument approved by the secretary.
(8) The offender has completed a reentry program to be determined by the Department of Public Safety and Corrections.
Acts 2014, No. 191, §1; Acts 2019, No. 369, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:536. Definitions

RS 15:536 - Definitions
A. For purposes of this Chapter, "sexual offender" means a person who has violated R.S. 14:89 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of persons with infirmities), or any provision of Subpart C of Part II, or Subpart A(1) of Part V, of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.
B. For purposes of this Chapter, "serial sexual offender" means a person who has on two or more occasions previously pleaded guilty, nolo contendere, or has been found guilty of violating R.S. 14:42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 78, 78.1, 80, 81, 81.1, 81.2, 89.1, or 107.1(C)(2).
Acts 1989, No. 194, §2; Acts 1999, No. 1209, §1; Acts 2001, No. 1206, §1; Acts 2012, No. 50, §1; Acts 2014, No. 602, §5, eff. June 12, 2014; Acts 2014, No. 811, §7, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:537. Sentencing of sexual offenders; serial sexual offenders

RS 15:537 - Sentencing of sexual offenders; serial sexual offenders
A. If a person is convicted of or pleads guilty to, or where adjudication has been deferred or withheld for a violation of R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:89 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual battery of persons with infirmities), or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for a stated number of years or months, the person shall not be eligible for diminution of sentence for good behavior.
B. The court shall sentence a person who has on two or more occasions previously pleaded guilty, nolo contendere, or has been found guilty of violating R.S. 14:42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 80, 81, 81.1, 81.2, 89(A)(2), 89.1, or 107.1(C)(2) to life imprisonment without the benefit of parole, probation, or suspension of sentence.
Acts 1994, 3rd Ex. Sess., No. 110, §1; Acts 1999, No. 1209, §1; Acts 2001, No. 1206, §1; Acts 2003, No. 1193, §1; Acts 2008, No. 25, §1, eff. May 30, 2008; Acts 2008, No. 461, §1, eff. June 25, 2008; Acts 2008, No. 646, §2, eff. July 1, 2008; Acts 2011, No. 67, §3; Acts 2012, No. 50, §1; Acts 2014, No. 602, §5, eff. June 12, 2014; Acts 2014, No. 811, §7, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:539. Notification by school superintendents of allegations of the commission of a sex offense

RS 15:539 - Notification by school superintendents of allegations of the commission of a sex offense
The superintendent of each city, parish, or other local public school system or his designee shall notify the local law enforcement agency of any allegation made by a student of the commission of a sex offense as defined in R.S. 15:541. Such notification shall be made by the superintendent within twenty-four hours of the time the student notified the superintendent or other appropriate school personnel, as provided for by rules adopted by each city, parish or other local public school board.
Acts 2003, No. 215, §1; Acts 2007, No. 460, §4, eff. Jan. 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:539.2. Exploited Children's Special Fund

RS 15:539.2 - Exploited Children's Special Fund
A. Any person who is convicted or pleads guilty or nolo contendere to an offense involving trafficking of children for sexual purposes under R.S. 14:46.3, prostitution with persons under seventeen under R.S. 14:82.1, or enticing persons into prostitution under R.S. 14:86 shall be ordered to pay a mandatory monetary assessment of two thousand dollars. Notwithstanding any law to the contrary, the assessments provided by this Section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law. If the court finds that the offender is indigent and therefore unable to pay the mandatory assessment at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
B.(1) There is established in the state treasury the Exploited Children's Special Fund, hereinafter referred to as the "fund". Appropriations by the legislature and all monetary assessments paid and interest accrued on funds collected pursuant to Subsection A of this Section shall be deposited into the Bond Security and Redemption Fund, and after a sufficient amount is allocated from the Bond Security and Redemption Fund to pay all the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay the remainder of such monies into the fund. The fund shall be subject to public audit.
(2)(a) Subject to appropriation by the legislature and except as provided in Subparagraph (b) of this Paragraph, monies in the fund shall be used for the provision of services and treatment administered by the Department of Children and Family Services, such as securing residential housing, health services, and social services, to sexually exploited children and adults. The department may also use the funds for grants or to provide services for sexually exploited children and adults.
(b) Subject to appropriation by the legislature and notwithstanding the provisions of Subparagraph (a) of this Paragraph, a portion of the monies in the fund, not to exceed fifty percent, may be used for the development of training programs relative to human trafficking and trafficking of children for sexual purposes and for the providing of law enforcement training programs administered by the Council of Peace Officer Standards and Training within the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice.
Acts 2013, No. 429, §1, eff. June 24, 2013; Acts 2014, No. 564, §2; Acts 2017, No. 180, §2, eff. June 12, 2017.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:539.3. Mandatory restitution

RS 15:539.3 - Mandatory restitution
A. A person convicted of an offense enumerated in R.S. 15:539.1(A) shall be ordered to pay mandatory restitution to the victim, with the proceeds from property forfeited under R.S. 15:539.1 applied first to payment of restitution, after the costs of the public sale or auction, court costs, and fees related to seizure and storage have been satisfied. Restitution under this Section shall include any of the following:
(1) Costs of medical and psychological treatment.
(2) Costs of necessary transportation and temporary housing.
(3) The greater of the value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the federal Fair Labor Standards Act or the gross income or value to the defendant of the victim's labor or services engaged in by the victim while in the human trafficking situation. In the case of sex trafficking, the victim shall be entitled to restitution for the income he would have earned, had he not been victimized, as guaranteed under the minimum wage and overtime provisions of the federal Fair Labor Standards Act.
(4) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair.
(5) Expenses incurred by the victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including but not limited to deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this Section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
B. For purposes of this Section, the return of the victim to the victim's home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution.
Acts 2013, No. 429, §1, eff. June 24, 2013; Acts 2014, No. 564, §2; Acts 2020, No. 352, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:539.4. Fines related to solicitation of prostitutes and purchase of commercial sexual activity

RS 15:539.4 - Fines related to solicitation of prostitutes and purchase of commercial sexual activity
Notwithstanding the provisions of R.S. 15:571.11, when a fine is imposed pursuant to the provisions of R.S. 14:82.2(C) or 83(B)(1), (2), or (3), the sheriff or executive officer of the court shall distribute five hundred dollars or one-half of the fine, whichever is greater, pursuant to the provisions of R.S. 15:571.11 and the remainder of the fine shall be distributed as follows:
(1) Fifty percent of the proceeds from the imposition of the fine to the sheriff or law enforcement agency that made the arrest to be used for training officers in recognizing and the preventing of human trafficking.
(2) Fifty percent of the proceeds from the imposition of the fine to the district attorney, in furtherance of the administration of justice in the judicial district and to prevent future recidivism, to be paid to a program for victim services that counsels, treats, and helps victims of human trafficking or those who are charged or convicted of prostitution.
Acts 2018, No. 663, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:540. Findings; purpose

RS 15:540 - Findings; purpose
A. The legislature finds that sex offenders, sexually violent predators, and child predators often pose a high risk of engaging in sex offenses, and crimes against victims who are minors even after being released from incarceration or commitment and that protection of the public from sex offenders, sexually violent predators, and child predators is of paramount governmental interest. The legislature further finds that local law enforcement officers' efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses and crimes against victims who are minors, are impaired by the lack of information available to law enforcement agencies about convicted sex offenders, sexually violent predators, and child predators who live within the agency's jurisdiction, and the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Restrictive confidentiality and liability laws governing the release of information about sex offenders, sexually violent predators, and child predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense or a crime against a victim who is a minor have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Release of information about sex offenders, sexually violent predators, and child predators to public agencies, and under limited circumstances to the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.
B. Therefore, this state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring sex offenders, sexually violent predators, and child predators to register with state and local law enforcement agencies and to require the exchange of relevant information about sex offenders, sexually violent predators, and child predators among state, local, and federal public agencies and officials and to authorize the release of necessary and relevant information about sex offenders, sexually violent predators, and child predators to members of the general public as provided in this Chapter.
Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 1997, No. 1147, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:542.1.7. Court records; disclosure

RS 15:542.1.7 - Court records; disclosure
Notwithstanding any other provision of law to the contrary, any records in the possession of any court are subject to disclosure to the district attorney, sheriff, or any other law enforcement officers including agents of the Department of Public Safety and Corrections, division of probation and parole, for the purpose of fulfilling their duties with regard to the provisions of this Chapter, and without the necessity of obtaining any order of the court or other authorization for the release of such records.
Acts 2007, No. 460, §2, eff. Jan. 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:544.1. Petitions for injunctive relief or declaratory judgments

RS 15:544.1 - Petitions for injunctive relief or declaratory judgments
Any petition for injunctive relief or for declaratory judgment regarding the application or interpretation of the registration and notification requirements of this Chapter, other than the summary proceeding provided for in R.S. 15:542(F) and 544(E), shall be filed through ordinary civil proceedings in the district court for the parish where the state capitol is situated. Appeals from determinations made pursuant to R.S. 15:542.1.3 shall comply with the deadlines and other procedures as required by R.S. 15:542.1.3.
Acts 2013, No. 284, §1; Acts 2017, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:545.1. Duty of interactive computer service

RS 15:545.1 - Duty of interactive computer service
A.(1) Upon request from a law enforcement agency, the interactive computer service shall take all steps necessary to preserve records and other evidence in its possession pending the issuance of a court order or other legal process. The provider of interactive computer service shall comply with the request as soon as reasonably practical following receipt.
(2) Records referred to in Paragraph (1) of this Subsection shall be retained for ninety days. This time period shall be extended for an additional ninety days upon further request of the law enforcement agency when the law enforcement agency requests the extension within the original ninety day period.
(3) Paragraphs (1) and (2) of this Subsection shall be interpreted in a manner consistent with the requirements of federal law that apply to providers of Internet service provided for in Chapter 121 of Title 18 of the United States Code and 42 U.S.C. 13032.
B.(1) An interactive computer service shall release evidence regarding all categories of information identified in 18 U.S.C. 2703(c)(2) that are in its possession as soon as reasonably practical, considering other outstanding law enforcement and legal requests, after receiving a court order requiring the interactive computer service to release such evidence to law enforcement.
(2) Paragraph (1) of this Subsection shall be interpreted in a manner consistent with the requirements of federal law that apply to providers of Internet service provided for in Chapter 121 of Title 18 of the United States Code and 42 U.S.C. 13032.
C. An interactive computer service doing business in this state that obtains knowledge of facts or circumstances from which a violation of any law in this state prohibiting possession, distribution or creation of images containing child pornography or prohibiting sexual activity involving a child is apparent, shall make a report, as soon as reasonably possible, of such facts or circumstances to the Cyber Tip Line at the National Center for Missing and Exploited Children consistent with the requirements of 42 U.S.C. 13032.
Acts 2008, No. 672, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:546. Release of information

RS 15:546 - Release of information
A. Criminal justice agencies shall release relevant and necessary information regarding sex offenders, child predators, and sexually violent predators to the public when the release of the information is necessary for public protection, according to the provisions set forth by the board pursuant to R.S. 15:547(C).
B.(1) An elected official, public employee, public agency, or criminal justice agency shall be immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The authorization and immunity in this Chapter apply to information regarding:
(a) A person who has been convicted of a sex offense or criminal offense against a victim who is a minor, or who has been determined to be a sexually violent predator as defined in this Chapter.
(b) A person found not guilty by reason of insanity of a sex offense or criminal offense against a victim who is a minor.
(c) A person found incompetent to stand trial for a sex offense or criminal offense against a victim who is a minor and subsequently committed to a treatment facility or institution or hospital.
(2) The immunity provided under this Section applies to the release of relevant information to other employees or officials or to the general public.
(3) The identity of a victim, or information leading to the identity of a victim, of an offense that requires registration under this Section shall not be released.
C. Nothing in this Chapter, except as otherwise provided, shall impose any liability upon a public official, public employee, or public agency for failing to release information as provided in this Chapter.
D. An offender's pending appeal or writ of habeas corpus shall not restrict the agency's, official's, or employee's authority to release relevant information concerning an offender's prior criminal history. However, the agency shall release the latest dispositions of the charges as they are provided.
Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 1997, No. 1147, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:547. Committee on parole

RS 15:547 - Committee on parole
A. The committee on parole, hereinafter referred to as "the committee", shall cause a complete record to be kept of every prisoner released on parole. Such records shall be organized in accordance with the most modern methods of filing and indexing so that there will be always immediately available complete information about such prisoner. The committee may make rules as to the privacy of such records and their use by persons other than the committee and its staff. In determining the rules regarding dissemination of information regarding convicted sex offenders, child predators, or persons determined to be sexually violent predators under the committee's jurisdiction, the committee shall institute rules pursuant to the provisions of R.S. 15:546, and shall be immune from liability for the release of information concerning any sex offender, sexually violent predator, or child predator.
B. In addition to any other information required to be released under this Chapter, the committee may, pursuant to R.S. 15:546, release information concerning any inmate under the jurisdiction of the committee who is convicted of any sex offense or criminal offense against a victim who is a minor, or who has been determined to be a sexually violent predator.
C.(1) The committee shall conduct one public hearing in each municipality with a population of not less than fifty thousand and otherwise in accordance with the provisions of the Administrative Procedure Act, and receive information and input from the public and shall establish and promulgate rules, regulations, policy, and guidelines governing the disclosure and dissemination of information regarding sex offenders, sexually violent predators, and child predators to the public pursuant to the intent and purposes of this Chapter.
(2) Every criminal justice agency and other agency, committee, office, or other entity of the state or any political subdivision thereof, shall cooperate, consult with, and otherwise assist the committee in the promulgation, implementation, and enforcement of the rules, regulations, guidelines, and policy required and established pursuant to the full implementation of this Chapter.
Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 1997, No. 1147, §1, eff. July 14, 1997; Acts 2012, No. 714, §8.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:551. Harboring or concealing a sexual offender, sexually violent predator, or child predator; penalties

RS 15:551 - Harboring or concealing a sexual offender, sexually violent predator, or child predator; penalties
A. Harboring or concealing a sexual offender, sexually violent predator, or child predator is committed when a person knows or has reason to know that a sexual offender, sexually violent predator, or child predator convicted of a sex offense and required to register as a sex offender as provided for in Chapter 3-B of this Title has failed to comply with the registration requirements of this Chapter and with the intent of assisting the sexual offender, sexually violent predator, or child predator in eluding a state or local law enforcement agency does any of the following:
(1) Withholds information from or does not notify the law enforcement agency about a sexual offender, sexually violent predator, or child predator's noncompliance with the requirements of this Chapter.
(2) Harbors or attempts to harbor or assists another person in harboring or attempting to harbor a sexual offender, sexually violent predator, or child predator.
(3) Conceals or attempts to conceal or assists another person in concealing or attempting to conceal a sexual offender, sexually violent predator, or child predator.
(4) Provides information to the law enforcement agency regarding a sexual offender, sexually violent predator, or child predator which the person knows to be false.
B. Whoever commits the crime of harboring or concealing a sexual offender, sexually violent predator, or child predator shall be imprisoned not more than five years or fined not more than five thousand dollars, or both. At least two years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Acts 2006, No. 137, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:552. Sexual Predator Apprehension Team

RS 15:552 - Sexual Predator Apprehension Team
The attorney general shall maintain a statewide Sexual Predator Apprehension Team within the Department of Justice. The Sexual Predator Apprehension Team shall be comprised of special agents, intelligence analysts, and prosecutors. The team shall focus on repeat sex offenders and perform the following activities:
(1) Coordinate with state and local investigative resources including but not limited to the Department of Public Safety and Corrections, office of probation and parole, and office of state police, sheriffs' departments, police departments, and district attorneys' offices to apprehend sexual offenders and persons required to register under R.S. 15:542 and 542.1 who violate the law or conditions of probation or parole.
(2) Give priority to proactively targeting and monitoring sex offenders required to register under R.S. 15:542 and 542.1 before the commission of additional sexual offenses who are not currently being monitored by the Department of Public Safety and Corrections, office of probation and parole, or office of state police.
(3) Offer specialized training and assistance to local law enforcement and prosecutors in the apprehension and prosecution of sexual offenders and violators of sexual offender registration requirements.
(4) Identify, monitor, arrest, and assist in the prosecution of sexual offenders who violate the terms and conditions of their probation or parole, who fail to comply with the registration and notification requirements of R.S. 15:542 and 542.1, or who commit new sexual assault offenses.
(5) Collect data to determine if the proactive law enforcement procedures adopted by the program are effective in reducing sexual assault offenses.
(6) Develop procedures for operating a multi-jurisdictional task force.
Acts 2006, No. 354, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:553. Prohibition of employment for certain sex offenders

RS 15:553 - 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.
D. 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 door-to-door solicitor, peddler, or itinerant vendor selling any type of goods or services including magazines or periodicals or subscriptions to magazines or periodicals.
E. For the purposes of this Section, the following terms and phrases shall have the meanings ascribed to them:
(1) "Bus" means a motor vehicle with a seating capacity of six or more persons, exclusive of the operator, which is used in the transportation of passengers for hire, excluding any vehicle leased without the provision of a driver.
(2) "Carnival or amusement ride" means either of the following:
(a) A device that is intended to give amusement, excitement, pleasure, or thrills to riders whom the device carries along or around a fixed or restricted course or within a defined area.
(b) A structure that gives amusement, excitement, pleasure, or thrills to people who move around, over, or through the structure without the aid of a moving device integral to the structure.
(3) "Taxicab" means all motor vehicles for hire, carrying six passengers or less, including the driver thereof, which are subject to call from a garage, office, taxi stand, or otherwise.
F. Any person who violates the provisions 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 the benefit of parole, probation, or suspension of sentence.
G. The provisions of this Section shall apply only to a person ordered by the court to register as a sex offender on or after August 15, 2010.
Acts 2010, No. 973, §2, eff. July 6, 2010; Acts 2016, No. 267, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:555. Louisiana Sexual Assault Oversight Commission; creation; membership; meetings

RS 15:555 - Louisiana Sexual Assault Oversight Commission; creation; membership; meetings
A. The Louisiana Sexual Assault Oversight Commission is hereby created within the Department of Justice, office of the attorney general. The commission shall consist of the following members:
(1) The executive director of the Louisiana District Attorneys Association or his designee.
(2) The executive director of the Louisiana Foundation Against Sexual Assault or his designee.
(3) The executive director of the Louisiana Sheriffs' Association or his designee.
(4) The executive director of the Louisiana Association of Chiefs of Police or his designee.
(5) The executive director of the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice or his designee.
(6) The president of the Louisiana State Coroner's Association or his designee.
(7) The director of the Louisiana State Police Crime Laboratory or his designee.
(8) The president of the Louisiana Hospital Association or his designee.
(9) The secretary of the Louisiana Department of Health or his designee.
(10) The attorney general or his designee.
(11) A member of the House of Representatives appointed by the speaker of the House of Representatives or the member's designee.
(12) A member of the Senate appointed by the president of the Senate or the member's designee.
(13) The governor or his designee.
(14) The chief sexual assault forensic nurse examiner from each of the two Level I trauma centers in Louisiana, University Medical Center – New Orleans and University Health Shreveport, as designated by the chief executive officer of each of the two hospitals.
(15) The director of the North Louisiana Criminalistics Laboratory or his designee.
(16) A person designated by the executive director of the Louisiana Foundation Against Sexual Assault to represent the rights of sexual assault victims.
(17) The president of Sexual Trauma Awareness and Response or her designee.
B. Members of the commission shall serve at the pleasure of the appointing authority and without compensation. Travel expenses, per diem, and other expenses may be paid by the member's employer or appointing authority.
C. The attorney general or his designee shall serve as chairman and his duties shall be established by the commission. The office of the attorney general shall provide staff and administrative services needed by the commission to carry out the duties set forth in R.S. 15:556.
D. The commission shall fix a time and place for its meetings and shall meet at least once every four months. Additional meetings may be held upon the call of the chairman.
E. A majority of the total commission membership shall constitute a quorum and any official action by the commission shall require an affirmative vote of a majority of the quorum present and voting.
Acts 2011, No. 318, §1, eff. June 28, 2011; Acts 2016, No. 90, §1, eff. July 1, 2016; Acts 2018, No. 354, §1; Acts 2021, No. 188, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:556. Duties of the commission

RS 15:556 - Duties of the commission
A.(1) The commission shall develop recommendations for a standardized sexual assault collection kit and protocols for forensic medical examinations of victims of sexually oriented criminal offenses to be used statewide. The recommendations shall include but are not limited to recommendations for the physical dimensions, labeling, and contents of the collection kit, as well as recommendations regarding the collection and preservation of evidence from the examination and the identification of appropriate entities to perform the examination.
(2) The commission shall continuously review its standards and protocols and make subsequent recommendations as needed to ensure that the sexual assault collection kit and forensic medical examination protocols are up to date with technological advancements and best practices.
(3) Upon approval of the members, the commission may adopt additional projects, duties, or both as necessary to further the goal of the commission.
B. Repealed by Acts 2021, No. 188, §2, eff. June 11, 2021.
Acts 2011, No. 318, §1, eff. June 28, 2011; Acts 2018, No. 354, §1; Acts 2021, No. 188, §§1, 2, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:560. Legislative findings

RS 15:560 - Legislative findings
A. The Legislature of Louisiana has long recognized the need to protect our most innocent and defenseless citizens from sex offenders, sexually violent predators, and child predators and has enacted statutory provisions to provide one of the most extensive sex offender registration and notification laws in the United States.
B. The legislature has enacted provisions requiring lifetime registration of sexually violent predators and has legislatively created the sexually violent predator commission as the entity which would determine which offenders are sexually violent predators. However, those provisions have rarely been utilized.
C. The legislature finds that sexually violent predators and child sexual predators often pose a high risk of engaging in sex offenses and crimes against victims who are minors after being released from incarceration or commitment and that the protection of the public from sexually violent predators is of paramount governmental interest.
D. In consideration of the potentially high rate of recidivism and the harm which can be done to the most defenseless members of the public by sexually violent predators and child sexual predators, the state has a compelling interest in ensuring compliance with the provisions of law regarding sex offender registration and notification to protect the public from harm as those offenders are released from incarceration and are returned to their communities.
E. The state also has a compelling interest in using its limited resources wisely and monitoring those offenders who pose the greatest risk to the health and safety of our citizens.
F. Therefore, it is the policy of this state to facilitate the identification of those offenders who are sexually violent predators and child sexual predators and to require that those offenders register as sex offenders for life to ensure compliance with those registration and notification requirements by enactment of sex offender assessment panels to evaluate all sex offenders prior to their release from incarceration as provided for in this Chapter.
Acts 2006, No. 186, §2, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:560.1. Definitions

RS 15:560.1 - Definitions
For the purposes of this Chapter:
(1) "Child sexual predator" means a person who has been convicted of a sex offense as defined in R.S. 15:541 and who is likely to engage in additional sex offenses against children, because he has a mental abnormality or condition which can be verified by a physician or psychologist, or because he has a history of committing crimes, wrongs, or acts involving sexually assaultive behavior or acts which indicate a lustful disposition toward children, as determined by the court upon receipt and review of relevant information including the recommendation by the sex offender assessment panel as provided for by this Chapter.
(2) "Court" means the judicial district court where the offender was sentenced.
(3) "Judicial determination" means a decision by the court that an offender is or continues to be a child sexual predator or a sexually violent predator as provided for by this Chapter.
(4) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others. Nothing in this definition is intended to supersede or apply to the definitions found in R.S. 14:10 or 14 in reference to criminal intent or insanity.
(5) "Sexually violent predator" means an offender who has been convicted of a sex offense as defined in R.S. 15:541 and who has a mental abnormality or antisocial personality disorder that makes the offender likely to engage in predatory sexually violent offenses as determined by the court upon receipt and review of relevant information including the recommendation of the sex offender assessment panel as provided for by this Chapter.
Acts 2006, No. 186, §2, eff. June 2, 2006; Acts 2009, No. 205, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:560.4. Electronic monitoring of sexually violent predators or child sexual predators

RS 15:560.4 - Electronic monitoring of sexually violent predators or child sexual predators
A. Each sexual offender determined to be a sexually violent predator or a child sexual predator pursuant to the provisions of this Chapter shall be required to be electronically monitored by the division of probation and parole, Department of Public Safety and Corrections, in a fashion that provides for electronic location tracking.
B. Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Section, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
C. The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that, sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source. Only in the case that a sexual offender determined to be a sexually violent predator or a child sexual predator is unable to pay his own electronic monitoring costs, and there are no funds available to the department to pay for such monitoring, may the requirements of electronic monitoring be waived.
D. The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules, in the manner provided in the Administrative Procedure Act, that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all of such costs, may be required to pay such portion.
E.(1) A person who fails to comply with the requirements of electronic monitoring shall, upon first conviction, be fined not more than one thousand dollars, imprisoned at hard labor for not less than two years nor more than ten years without benefit of probation, parole, or suspension of sentence.
(2) Upon a second or subsequent conviction, the offender shall be fined three thousand dollars, imprisoned at hard labor for not less than five years nor more than twenty years without benefit of probation, parole, or suspension of sentence.
Acts 2006, No. 186, §2, eff. June 2, 2006; Acts 2009, No. 205, §1.