Legislative Highlights 2006-2007

In the 2007 session of the State Legislation new laws were enacted as follows:

HB970- 

• Act 460 provides for comprehensive revision of the sex offender registration and notification provisions, incorporating requirements of the federal Adam Walsh Child Protection and Safety Act of 2006 (R.S. 15:538 – 15:561).
• Amends the definition of “aggravated offense” and requires those offenders to register for life.
• Adds the definition of “sexual offense against a victim who is a minor” and requires those offenders to register for 25 years.
• Provides that all other sex offenders shall register for a period of 15 years.
• Requires juveniles over the age of 14 who have been adjudicated delinquent for certain offenses to register with local law enforcement agencies.
• Requires sex offenders and child predators to register with the sheriff of the parish of residence, where the offender attends school, where the offender works, and in the parish of conviction.
• Requires the offenders to provide additional information to law enforcement upon registration.
• Decreases the time period in which an offender has to register from 10 days to three business days.
• Requires in-person verification by the offender on a periodic basis. Those convicted of an aggravated offense must verify registration every three months, those convicted of a sexual offense against a victim who is a minor must verify registration every six months, and all other sex offenders shall verify on an annual basis.
• Amends the procedures in which the sex offender must notify law enforcement of a change in address.
• Amends the community notification requirement regarding notification to the superintendent of park, playground and recreational districts.
• Consolidates provisions regarding emergency procedures for sex offenders who are displaced or evacuated.
• Amends the provisions regarding the duties of the Department of Public Safety and Corrections, the Bureau of Criminal Identification and Information, and the courts regarding their obligations to notify offenders of their registration and notification requirements.
• Amends provisions relative to the Sex Offender Registry Technology Fund to provide that for 2007-2008 FY, residual monies shall be appropriated to the office of the attorney general, $200,000 of which shall be allocated for acquisition, implementation, and support of a computer system to assist sheriffs to monitor and track offenders. For 2008-2009 FY, $150,000 shall be allocated to the office of the attorney general, $50,000 for personnel and other costs, and $100,000 for maintenance costs.
• Adds new provision which provides that court records are subject to disclosure to the district attorney, sheriff, or other law enforcement officers for the purpose of fulfilling their duties with regard to sex offender registration and notification requirements, without the necessity of obtaining a court order or other authorization for release of such records.
• Provides that the crime of failure to register shall include the failure to register, periodically renew and update registration, provide proof of residence, notification of change of address, or other registration information, or community notification. Provides that knowingly providing false information to law enforcement shall also constitute a failure to register.
• Requires community notification to be made upon change of residence or every five years.
• Provides that the court may waive sex offender registration and notification requirements in cases of felony carnal knowledge when the victim is 13 years or older and the perpetrator is less than four years older than the victim. Prohibits waiver of these requirements in all other cases, and provides that any order waiving such requirements shall be null and void.

SB178- Act 126 

• To amend and reenact R.S. 15:560.2 and 560.6, relative to sex offender assessment panels; to provide for the reorganization of the state sex offender assessment panel; to provide for membership; to provide for appeal of decision of panel; to provide for employee immunity and to provide for related matters.