2006 Louisiana Laws - RS 15:542 — Registration of sex offenders

§542.  Registration of sex offenders

A.(1)  Any adult residing in this state who has pled guilty to, has been convicted of, or where adjudication has been deferred or withheld for the perpetration or attempted perpetration of any sex offense and any juvenile who has pled guilty or has been convicted of a sex offense as provided for in Children's Code Article 857 shall register with the sheriff of the parish of each of the person's residences if there is more than one, and with the chief of police if the address of any of the person's residences is located in an incorporated area which has a police department.  If the adult or juvenile resides in a parish with a population in excess of four hundred fifty thousand, he shall register with the police department of his municipality of residence.

(2)(a)  Notwithstanding any other provision of the law to the contrary, during a declaration of emergency, any person who has been required to register as a sex offender as provided for in this Section who enters an emergency shelter shall, within the first twenty-four hours of admittance, notify the management of the facility, the chief of police of the municipality, if the shelter is located in a municipality, and the sheriff of the parish in which the shelter is located of their sex offender status.  The sex offender shall provide his full name, date of birth, social security number, and last address of registration prior to the declaration of emergency.  Within seventy-two hours of receiving the notification required by the provisions of this Subparagraph, the chief of police and the sheriff shall forward that information to the Louisiana Bureau of Criminal Identification and Information.

(b)  For purposes of this Subsection, "emergency shelter" includes the use of any facility, building or structure operated by a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, which provides the basic necessities of life, including but not limited to water, food, and shelter, to persons who are displaced from their homes due to a man-made or natural emergency or disaster.

(3)  The manager or director of the emergency shelter shall make a reasonable effort to notify the chief law enforcement officer of the parish or municipality in which the shelter is located of the presence of the sex offender in the emergency shelter.  No person associated with a nonprofit organization, which operates an emergency shelter shall be liable for any injury or claim arising out of the failure of the manager or operator to communicate the presence of a sex offender in the shelter to the appropriate law enforcement official.

(4)  Any person required to register under this Section who is absent from his last address of registration for more than thirty days shall re-register with the sheriff of the parish of the person's new residence and with the chief of police if the relocation address is located in an incorporated area which has a police department.  Any person required to register under this Paragraph shall provide community notification as required by Paragraphs (1), (2), (3), and (4) of this Subsection¹ and R.S. 15:542.1(L).  The offender shall also send written notice, within ten days after re-registering in the new parish, to the sheriff or the police chief with whom he had previously registered.  If a person required to register under this Paragraph fails to register, keep registration current, give community notification, or notify the bureau of the relocation address, the person shall be in violation of this Section and subject to the penalties provided in R.S. 15:542(F).

B.  The person and the juvenile sex offender shall, within ten days of establishing residence in Louisiana, or if a current resident, within ten days after conviction or within ten days prior to release from confinement by the Department of Public Safety and Corrections from a state correctional facility, provide the sheriff and the police chief or, if the residence is in a parish with a population in excess of four hundred fifty thousand, the police department with the following information: his name, address, and place of employment; the crime for which he was convicted; the date and place of such conviction; any aliases he has used; a description of every vehicle registered to him, including license plate number; and his social security number; and a description of the physical characteristics of the sex offender, including but not limited to sex, race, hair color, eye color, height, age, and weight.  Excluding any juvenile except as required under the provisions of Subparagraph (5)(c) of this Subsection, the offender shall also:

(1)  Give notice of the crime for which he was convicted, his name, address, a description of his physical characteristics as required by this Subsection, and a photograph or copy thereof to:

(a)  At least one person in every residence or business within a one-mile radius in a rural area and a three-tenths of a mile radius in an urban or suburban area of the address of the residence where the defendant will reside upon release, including all adult residents of the residence of the offender.

(b)  The superintendent of the school district where the defendant will reside, who shall notify the principal of every school located within a one-mile radius of the address where the offender will reside and may notify the principals of other schools as he deems appropriate.  The principal of any such school upon receipt of the notification shall post notices in conspicuous areas at the school which state the defendant's name, address, and the crime for which he was convicted. Failure of the superintendent or principal to comply with the provisions of this Subparagraph shall not be construed to impose civil liability on any person.  The notice sent by the superintendent shall be accompanied by two clear, recent photographs, or a clear photocopy thereof, of the offender.  The photographs, which shall be provided by the offender, shall be taken after release and within sufficient time to accompany the notification which is required under the provisions of this Chapter.

(c)  The lessor, landlord, or owner of the residence or the property on which he resides.

(d)  The superintendent of the park, playground, and recreation districts within the designated area where the offender will reside only if the victim was under eighteen years of age at the time of the commission of the offense.  The superintendent shall notify the custodians of the parks, playgrounds, and recreational facilities in the designated area of the offender's name, address, and the crime for which he was convicted.  The notice sent by the superintendent shall be accompanied by two clear, recent photographs, or a clear photocopy thereof, of the offender.  The photographs, which shall be provided by the offender, shall be taken after release and within sufficient time to accompany the notification which is required under the provisions of this Chapter.

(e)  Notwithstanding the provisions of Paragraph (1) of this Subsection, persons convicted of R.S. 14:89(A)(2) shall not be required to furnish a photograph as required  by that Paragraph.

(2)(a)  Give notice of the crime for which he was convicted, his name, a description of his physical characteristics as required by this Subsection, and his address by mail to all people residing within the designated area within twenty-one days of the sentencing or release from confinement or within twenty-one days of establishing residency in the locale where the offender plans to have his domicile, and that the notice shall be published on two separate days within the applicable period provided for herein, without cost to the state, in the official journal of the governing authority of the parish where the defendant plans to reside and, if ordered by the sheriff or police department, or required by local ordinance, in a newspaper which meets the requirements of R.S. 43:140(3) for qualification as an official journal and which has a larger or smaller circulation in the parish than the official journal.  The notice provided to the official journal or other designated newspaper pursuant to this Subparagraph shall also include a recent photograph of the offender or a clear photocopy of a recent photograph of the offender.

(b)  In the parish of St. Tammany, the sheriff or police department may order that the notice be published in a newspaper which meets the requirements of R.S. 43:140(3) for qualification as an official journal and which has a larger circulation in the parish than the official journal.

(c)  Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, persons convicted of R.S. 14:92(A)(7) and R.S. 14:89(A)(2) shall not be required to publish notice of the crime for which they were convicted in the official journal or any newspaper required by those Subparagraphs.

(3)  Give any other notice deemed appropriate by the court in which the defendant was convicted of the offense that subjects him to the duty to register, including but not limited to signs, handbills, bumper stickers, or clothing labeled to that effect.

(4)  State under oath where he will reside after sentencing or release.

(5)(a)  Give notice to the Louisiana Bureau of Criminal Identification and Information of the name and location of any institution of postsecondary education at which the person is a student or a worker within five days of his becoming a student or a worker at such institution of postsecondary education.

(b)  Additionally, the person shall notify the Louisiana Bureau of Criminal Identification and Information of each change in enrollment or employment status at an institution of postsecondary education.

(c)  Any juvenile adjudicated delinquent under Title VIII of the Louisiana Children's Code for the commission of a sex offense as defined under the provisions of R.S. 15:541(14.1) or R.S. 15:541(16) shall be exempt from any notification requirements of this Section except for the notification to the Louisiana Bureau of Criminal Identification and Information as required by the provisions of R.S. 15:542(B)(5)(a) and (b).

(6)(a)  A person required to register as a sex offender pursuant to this Section who provides recreational instruction to persons under the age of seventeen years shall post a notice in the building or facility where such instruction is being given.  This notice shall contain the name and photograph of the sex offender, the date of conviction, and the crime for which he was convicted.  Such notification shall be prominently displayed and shall be of sufficient size to alert persons entering such building or facility that the recreational instructor is a convicted sex offender.

(b)  For purposes of this Paragraph, "recreational instruction" refers to instruction or lessons on noneducational activities, including but not limited to martial arts, dancing, theater, and music.

(7)  Within ten days prior to being released by the Department of Public Safety and Corrections from a state correctional facility provide a photograph along with the requirements of this Section to the office of state police to be posted on the state sex offender and child predator registry web site.

(8)  Any person required to register under this Section or by the laws of any state who is absent from his last address of registration and is physically present in a different parish for more than thirty consecutive days shall re-register with the sheriff of the new parish in which he is physically present.  The offender shall provide the sheriff with the following information: his name, any address where he may be temporarily domiciled, and place of employment; the crime for which he was convicted; the date and place of such conviction; any aliases he has used, a description of every vehicle registered to him, including license plate number, his social security number; and a description of the physical characteristics of the sex offender, including but not limited to sex, race, hair color, eye color, height, age, and weight.  Upon the receipt of this information, the sheriff shall forward this information to the Louisiana Bureau of Criminal Identification and Information.  The offender shall also send written notice, within ten days after re-registering in the new parish, to the sheriff or the police chief with whom he had previously registered.

C.(1)  Any person required to register pursuant to this Section shall update his registration annually on the anniversary of the initial registration with the appropriate law enforcement official as determined in accordance with Subsection A of this Section.  Such annual registration shall continue for the period of registration required under the provisions of R.S. 15:542.1(H).  The offender shall notify the law enforcement official of his current residence address or addresses and shall submit two forms of proof of residence for each residence address, including but not limited to a driver's license, bill for utility service, or bill for telephone service or affidavit of adult resident living at the same address which certifies that the affiant understands the notification requirement mandated by Subsection G of this Section.

(2)  Any person required to register pursuant to this Section shall send written notifications upon change of address in accordance with the following provisions:

(a)  If the offender changes his residence address within the same parish or is temporarily displaced from his residence and establishes any temporary residence for a period of not less than ten consecutive days following the issuance of an evacuation order or declaration of emergency issued by the governor or the local governing authority in accordance with law, the person shall send written notice of the change of address to the sheriff and the police chief or, if the residence is within a parish with a population in excess of four hundred fifty thousand, the police department, within ten days of establishing the new residence.  This notice of change of address shall include proof of residence as required in Paragraph (1) of this Subsection.  The offender shall also send community notification as required in Paragraphs (B)(1) through (4) of this Section. Within thirty calendar days from receipt of this written notification, the sheriff and the police chief or, if the residence is in a parish with a population in excess of four hundred fifty thousand, the police department shall send written notification of the offender's address change to the Department of Public Safety and Corrections.

(b)  If any person required to register pursuant to this Section moves to a new parish or is temporarily displaced from his residence and establishes any temporary residence for a period of not less than ten consecutive days following the issuance of an evacuation order or declaration of emergency issued by the governor or the local governing authority in accordance with law, the person shall register with the sheriff in the new parish and the police chief or, if the residence is within a parish with a population in excess of four hundred fifty thousand, the police department in such parish, within ten days of establishing the new residence.  The person shall also send written notice, within ten days after the change of address in the new parish, to the sheriff and the police chief or, if the residence is within a parish with a population in excess of four hundred fifty thousand, the police department with whom the person last registered.  This notice of change of address shall include proof of residence as required in Paragraph (1) of this Subsection.  The offender shall also send community notification as required in Paragraphs (B)(1) through (4) of this Section.  Within thirty calendar days from receipt of this written notification, the sheriff and the police chief or, if the residence is in a parish with a population in excess of four hundred fifty thousand, the police department shall send written notification of the offender's address change to the Department of Public Safety and Corrections.

D.  The offender shall pay to the sheriff and the police department with whom he is required to register in accordance with this Section and in accordance with any rule adopted by the judges of the judicial district court in the jurisdiction with regard to indigency or indigency as determined by criteria established by the Department of Public Safety and Corrections an annual registration fee of sixty dollars to help defray the costs of maintaining the record of the sex offender.  He shall pay such fee upon the initial registration or upon release from incarceration from a state correctional facility and on the anniversary thereof.

E.  The sheriff or police department shall obtain a photograph of the person and shall obtain a copy of the person's fingerprints.

F.(1)  A person who fails to register, update registration annually, or provide proof of residence address or community notification as required by this Section shall, upon first conviction, be fined not more than one thousand dollars and imprisoned with hard labor for not less than two years nor more than ten years without benefit of parole, probation, or suspension of sentence.

(2)  Upon second or subsequent convictions, whoever fails to register, update registration annually, or provide proof of residence address or community notification as required by this Section shall be fined three thousand dollars and imprisoned with hard labor for not less than five years nor more than twenty years without benefit of parole, probation, or suspension of sentence.

G.(1)  Any person who certifies by affidavit the residence of the offender in accordance with Subsection C of this Section shall send written notice to the sheriff and the police chief, or if the residence is within a parish with a population in excess of four hundred fifty thousand, the police department with whom the person last registered, when the offender no longer resides at the residence provided in the affidavit.  This notification shall be made any time the sex offender is absent from the residence for a period of thirty days.  This notification shall be sent within ten days of the end of the thirty-day period.

(2)  Any person who fails to provide the notice required by this Subsection shall be fined not more than five hundred dollars or imprisoned for not more than six months, with or without hard labor, or both.

Acts 1992, No. 388, §1, eff. June 18, 1992; Acts 1995, No. 928, §1; Acts 1995, No. 1290, §2; Acts 1997, No. 134, §2; Acts 1997, No. 137, §2; Acts 1997, No. 928, §1, eff. July 10, 1997; Acts 1997, No. 1135, §1, eff. July 14, 1997; Acts 1997, No. 1148, §2, eff. July 14, 1997; Acts 1999, No. 930, §1; Acts 1999, No. 1150, §1; Acts 2001, No. 78, §1; Acts 2001, No. 1206, §§1 and 4; Acts 2002, 1st Ex. Sess., No. 83, §1; Acts 2003, No. 215, §1; Acts 2003, No. 574, §1; Acts 2004, No. 338, §1; Acts 2005, 1st Ex. Sess., No. 11, §1, eff. Jan. 21, 2006; Acts 2006, No. 204, §1; Acts 2006, No. 284, §1; Acts 2006, No. 663, §1; Acts 2006, No. 683, §1; Acts 2006, No. 791, §1.

¹As appears in Acts 2006, No. 204.  The reference should be to Subsection B.