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2007 Regular Session Highlights
Crimes/Criminal Procedure
by: Tracy Sudduth
(225) 342-8896
Senate Bill 39 by Senator
Lentini (pending House Agriculture) creates the crime of cockfighting.
Cockfighting would become illegal on August 15, 2007.
House Bill 108 by
Representative Ritchie (enrolled) creates the crime of cockfighting.
Cockfighting would become illegal on December 31, 2007.
Senate Bill 221 by
Senator Lentini (enrolled) prohibits gambling and wagering at a
cockfight which is the aiding or abetting or participation in any game,
contest, lottery or contrivance, in any location where a cockfight is being
conducted and whereby a person risks the loss of anything of value in order
to realize a profit. Becomes effective on August 15, 2007.
House Bill 213 by
Representative Johns (enrolled) provides for penalties for "doctor
shopping" of prescriptions for controlled dangerous substances and
Carisoprodol. House Bill 213 provides that it shall be unlawful for
any individual, while being supplied with any controlled dangerous substance
or legend drug Carisoprodol or a prescription for any controlled dangerous
substance or legend drug Carisoprodol by one health care practitioner, to
knowingly and intentionally obtain or seek to obtain any controlled
dangerous substance or a prescription for a controlled dangerous substance
from a second or subsequent health care practitioner without disclosing the
fact of the existing prescription to the practitioner from whom the
subsequent prescription for a controlled dangerous substance is sought.
House Bill 213 requires the disclosure to be in writing and to be made a
part of that person's medical record and specifies certain information
required to be disclosed. House Bill 213 provides that the failure of
a practitioner to request the disclosure is not a violation. House Bill
213 provides penalties of imprisonment, with or without hard labor, for
not more than five years and that the person may be sentenced to pay a fine
of not more than $5,000.
House Bill 969 by
Representative Downs (enrolled)
prohibits sexual contact between an educator and a student. The crime is
committed when any of the following occur:
(1) An educator has
sexual intercourse with a person who is 17 years of age or older, but less
than 19 years of age, when the victim is not the spouse of the offender and
is a student at the school where the educator is assigned, employed, or
working at the time of the offense.
(2) An educator
commits any lewd or lascivious act upon a student or in the presence of a
student who is 17 years of age or older, but less than 19 years of age at
the school in which the educator is assigned, employed, or working at the
time of the offense with the intention of gratifying the sexual desires of
either person, when the victim is a student at the school in which the
educator is assigned, employed, or working at the time of the offense.
(3) An educator
intentionally engages in the touching of the anus or genitals of a student
who is 17 years of age or older, but less than 19 years of age and a student
at the school in which the educator is assigned, employed, or working at the
time of the offense using any instrumentality or any part of the body of the
educator, or the touching of the anus or genitals of the educator by a
person 17 years of age or older, but less than 19 years of age and a student
at the school in which the educator is assigned, employed, or working at the
time of the offense using any instrumentality or any part of the body of the
student.
House Bill 969
provides that the consent of a student, whether or not that student is 17
years of age or older, or lack of knowledge of the student's age shall not
be a defense. House Bill 969 provides for the penalties of a fine of
not more than $1,000 or imprisonment for not more than six months, or both.
For a second or subsequent offense, an offender may be fined not more than
$5,000 and shall be imprisoned, with or without hard labor, for not less
than one year nor more than five years. House Bill 969 further
provides that any educator having cause to believe that prohibited sexual
conduct between an educator and student shall immediately report such
conduct to a local or state law enforcement agency and no cause of action
shall exist for good faith reporting. House Bill 969 defines
"school" to include any public or private school or learning institution,
but excludes universities and colleges.
CRIMINAL PROCEDURE
House Bill 436 by
Representative Martiny (enrolled) creates the Louisiana Public Defender
Board (LPDB) and provides that the members of Louisiana Indigent Defense
Assistance Board (LIDAB) will continue to serve as members of the new board
and transfers all obligations, duties, powers, and responsibilities of LIDAB
to LPDB. House Bill 436 requires all members of the board who have
not previously been confirmed by the Senate to be confirmed by the Senate.
House Bill 436 provides that the board is a state agency subject to
public records and open meetings, bid and procurement, and all other laws
applicable to state agencies. House Bill 436 provides that a member
may be removed for excessive absences from meetings. House Bill 436
provides that oversight of the rules shall be conducted by the House
Committee on Administration of Criminal Justice and the Senate Committee on
Judiciary C. House Bill 436 provides for an indigent defender board
in each judicial district; the members of the board are appointed pursuant
to rules and regulations adopted by the judges of that judicial district
which provide for the appointment of board members. House Bill 436
provides for the creation of the Louisiana Public Defender Fund and the
composition of the fund, administration of the fund, and use of monies from
the fund. House Bill 436 further provides that there is hereby
created within each judicial district an indigent defender fund which shall
be administered by the district public defender. House Bill 436
provides that the board shall have the authority to take corrective or
disciplinary action against any regional director or district public
defender for failure to adhere to the standards and guidelines for rendering
indigent defender services. House Bill 436 provides that the board
shall adopt rules for the establishment of salary ranges for attorneys and
support staff delivering public defender services, taking into consideration
variations in public defense practices and procedures in rural, urban, and
suburban districts as well as professional experience. House Bill 436
provides that any attorney providing public defender services in a district
shall be licensed to practice law in the state of Louisiana. House Bill
436 shall not prohibit an attorney licensed to practice in another state
from providing an indigent person in a criminal case on a pro-bono basis.
House Bill 436 shall not apply to any out of state attorney with a
contractual obligation prior to June 1, 2007.
House Bill 148 by
Representative Farrar (enrolled) increases the annual salary of
assistant district attorneys payable by the state. House Bill 148
provides that, effective July 1, 2008, the annual salary of assistant
district attorneys shall be $45,000, payable monthly by the state treasurer
upon the warrant of each of the assistant district attorneys.
House Bill 164 by
Representative Cazayoux (subject to call - Senate final passage)
provides that persons convicted of armed robbery shall not be eligible for
parole consideration. House Bill 164 applies to persons convicted on
or after August 15, 2007, and shall not be given retroactive application.
House Bill 342 by
Representative Wooton (Act 41) adds the crime of domestic abuse battery
to the list of misdemeanors that provide when the offender possessed, used,
or discharged a firearm in the commission of the offense, the offender may
be charged with a felony.
Senate Bill 144 by
Senator Duplessis (enrolled) requires compliance with the existing
minimum standards whenever a fire employee or law enforcement officer is
under investigation. Senate Bill 144 provides for a penalty of
absolute nullity if the minimum standards are not met.
House Bill 350 by
Representative Geymann (Act 91) provides that the chief of police or his
authorized representative must begin investigation within 14 days after a
formal, written complaint is made against an officer. House Bill 350
provides that the investigation will be considered to be complete when the
officer has received notice of a pre-disciplinary hearing or when it has
been determined that the complaint is unfounded or unsustained.
House Bill 970 by
Representative Cazayoux (pending conference committee) provides for
comprehensive revision of the sex offender registration and notification
provisions, including the following major changes:
(1) Amends the definition of "aggravated
offense" and requires those offenders to register for life.
(2) Adds the definition of "sexual offense
against a victim who is a minor" and requires those offenders to register for a
period of 25 years.
(3) Provides that all other sex offenders
shall register for a period of 15 years.
(4) Requires juveniles over the age of 14
who have been adjudicated delinquent for certain offenses to register with local
law enforcement agencies.
(5) 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.
(6) Requires the offenders to provide
additional information to law enforcement upon registration.
(7) Decreases the time period in which an
offender has to register from 10 days to three business days.
(8) 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.
(9) Amends the procedures in which the
sex offender must notify law enforcement of a change of address.
(10) Amends the community notification
requirement regarding notification to the superintendent of park, playground,
and recreational districts.
(11) Consolidates provisions regarding
emergency procedures for sex offenders who are displaced or
evacuated.
(12) Amends the provisions regarding the
duties of the Dept. 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.
(13) 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 to facilitate the acquisition, implementation, and
support of a computer system for 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.
(14) 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.
(15) 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.
(16) Require community notification to be made
upon change of residence or every five years.
(17) 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.
Senate Bill 172 by Senator
Chaisson (enrolled) provides for compensation, not to exceed $40,000, for
the loss of life opportunities resulting from wrongful conviction and the time
spent incarcerated. Senate Bill 172 requires any judgment rendered to be
payable from the Innocence Compensation Fund. Senate Bill 172 provides
that the attorney general shall represent the state in these proceedings.
Senate Bill 172 requires that the court submit an annual report to the
judicial administrator of the supreme court and that the judicial administrator
of the supreme court submit an annual report to the governor and legislature.
Senate Bill 172 extends
the date for filing petition based upon disposition occurring before 2005 to
2008.
Senate Bill 215 by Senator
Cravins (Act 128) enhances the penalty when serious bodily injury or death
occurs which is in any way connected to an illegal speed contest on public
roads. Senate Bill 215 also prohibits such activities, including attempts
to make a speed record, on publicly-owned or privately-owned property where
public access is not prohibited. Senate Bill 215 provides for a penalty
of a fine of not less than $500 or more than $2,000 or imprisonment, with or
without hard labor for not less than one year or more than 5 years, or both.
Senate Bill 261 by Senator
Quinn (Act 132)
requires communication providers, landlords, etc. to assist law enforcement with
the installation of wire taps. Senate Bill 261 provides for a time limit
to both initial orders and extensions for the installation and use of pen
registers or trap & trace devices to 60 days.
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