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Terms Used In Louisiana Revised Statutes 15:563

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Docket: A log containing brief entries of court proceedings.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Statute: A law passed by a legislature.

CHAPTER 3-G. CHILD ABUSE AND NEGLECT REGISTRY

§563. Registration of persons convicted of child abuse or neglect

            A. Any person residing in this state who has pled guilty or nolo contendere to, or has been convicted of, any of the following felony offenses, or who has pled guilty or nolo contendere to, or has been convicted of any conspiracy to commit any of the following felony offenses, where the victim is a minor, as defined in Children’s Code Article 116, may be required to register and provide notification as a child abuser in accordance with the provisions of this Chapter:

            (1) La. Rev. Stat. 14:34 (Aggravated battery)

            (2) La. Rev. Stat. 14:34.1 (Second degree battery)

            (3) La. Rev. Stat. 14:34.7 (Aggravated second degree battery)

            (4) La. Rev. Stat. 14:35.3 (Domestic abuse battery)

            (5) La. Rev. Stat. 14:37.1 (Assault by drive-by shooting)

            (6) La. Rev. Stat. 14:37.4 (Aggravated assault with a firearm)

            (7) La. Rev. Stat. 14:37.7 (Domestic abuse aggravated assault)

            (8) La. Rev. Stat. 14:43.5 (Intentional exposure to HIV)

            (9) La. Rev. Stat. 14:46.4 (Re-homing of a child)

            (10) La. Rev. Stat. 14:79.1 (Criminal abandonment)

            (11) La. Rev. Stat. 14:93.2.3 (Second degree cruelty to juveniles)

            B.(1) Upon conviction, the court shall provide written notification to any person convicted of an offense listed in Subsection A of this Section when the victim is a minor that he shall be required to register on the Child Abuse and Neglect Registry upon release, or as a condition of his probation or parole.

            (2) An offender listed in Subsection A of this Section shall register in person with the sheriff of the parish of the person’s residence, or 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 offender resides in a municipality with a population in excess of three hundred thousand persons, he shall register in person with the police department of his municipality of residence.

            C.(1) No later than three business days after release, the offender shall register and provide all of the following information to the appropriate law enforcement agencies listed in Subsection B of this Section:

            (a) Name and any aliases used by the offender.

            (b) The offender’s physical address or addresses of residence.

            (c) Name and physical address of the offender’s place of employment. If the offender does not have a fixed place of employment, the offender shall provide information with as much specificity as possible regarding the places where he works, including but not limited to travel routes used by the offender.

            (d) Name and physical address of the school in which he is a student.

            (e) Two forms of proof of residence for each residential address provided, including but not limited to a driver’s license, bill for utility service, and bill for telephone service. If those forms of proof of residence are not available, the offender may provide an affidavit of an adult resident living at the same address. The affidavit shall certify that the affiant understands his obligation to provide written notice in the same manner as provided in La. Rev. Stat. 15:542.1.4(B) to the appropriate law enforcement agency with whom the offender last registered when the offender no longer resides at the residence provided in the affidavit.

            (f) The crime for which the offender was convicted and the date and place of such conviction, and if known by the offender, the court in which the conviction was obtained, the docket number of the case, the specific statute under which he was convicted, and the sentence imposed.

            (g) A current photograph of the offender.

            (h) The offender’s telephone numbers, including fixed location phone and mobile phone numbers assigned to the offender or associated with any residence address of the offender.

            (i) A description of every motorized vehicle registered to or operated by the offender, including license plate number and vehicle identification number, and a copy of the offender’s driver’s license or identification card. This information shall be provided prior to the offender’s operation of the vehicle.

            (j) The offender’s social security number and date of birth.

            (k) A description of the physical characteristics of the offender, including but not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other identifying marks on the body of the offender.

            (l) Every email address of the offender.

            (2) Knowingly providing false information to any law enforcement officer, office, or agency required to receive registration information pursuant to the provisions of this Chapter shall constitute a failure to register and, upon conviction, be fined not more than one thousand dollars and be imprisoned for not more than one year.

            D. Upon receipt of the registration information as required by the provisions of this Section, the law enforcement agency shall immediately forward the offender’s information to the bureau electronically.

            E.(1) The offender registration and notification requirements required by this Chapter are mandatory and shall not be waived or suspended by any court. Any order waiving or suspending offender registration and notification requirements shall be null, void, and of no effect. Any order waiving or suspending registration and notification requirements shall not be construed to invalidate an otherwise valid conviction, unless by joint written motion of the district attorney and the offender.

            (2) Notwithstanding the provisions of Paragraph (1) of this Subsection and any other provision of law to the contrary, an offender required to register as a sex offender in accordance with La. Rev. Stat. 15:540 et seq. shall not be required to register pursuant to the provisions of this Chapter.

            (3) Notwithstanding the provisions of Paragraph (1) of this Subsection, the court may waive registration and notification requirements for an offender convicted of second degree battery as provided in La. Rev. Stat. 14:34.1.

Acts 2023, No. 460, §1, eff. July 1, 2024.