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Session Information

2006 Regular Session Highlights

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Corrections

by: Dennis Weber
(225) 342-0643

Senate Bill 2 By Senator N. Gautreaux (Act 103) increases criminal penalties for sexual crimes and offenses involving juveniles under the age of 13.

The penalties for the below listed offenses have been adjusted to the following degrees:

R.S. 14:43.1 Sexual battery
Whoever commits the crime of sexual battery on a victim under the age of 13 when the offender is over the age of 17, shall be punished by imprisonment at hard labor for not less than 25 years nor more than life imprisonment. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

R.S. 14:43.2 Second degree sexual battery
At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

R.S. 14:43.3 Oral sexual battery
At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

R.S. 14:78.1. Aggravated incest
A person convicted of aggravated incest on a victim under the age of 13 when the offender is over the age of 17, shall be punished by imprisonment at hard labor for not less than 25 years nor more than life imprisonment. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

R.S. 14:81. Indecent behavior with juveniles
Whoever commits the crime of indecent behavior with juveniles on a victim under the age of 13 when the offender is over the age of 17, shall be punished by imprisonment at hard labor for not less than 25 years nor more than life imprisonment. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

R.S. 14:81.1 Pornography involving juveniles
Whoever violates the provisions of (offense) shall be punished by imprisonment at hard labor for not less than 25 years nor more than life imprisonment. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

R.S. 14:81.2 Molestation of a juvenile
Whoever commits the crime of molestation of a juvenile on a victim under the age of 13, shall be punished by imprisonment at hard labor for not less than 25 years nor more than life imprisonment. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Upon completion of the term of imprisonment imposed, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

This Act is known as "The Mary Jean Thigpen Law," in memory of Mary Jean a four year old who was murdered on November 12, 2001, by a multiple sexual offender.

Senate Bill 187 by Senator Jones (failed to pass) would have authorized inmates under the jurisdiction of the sheriffs of each parish and inmates of a community rehabilitation center operated by DPS&C to participate in a work release program. The current statute denied inmates who were convicted of certain drug offenses (small amounts of substances) to participate in the work release program. The group of offenders who may now engage in work release in now expanded to offenders convicted with a limited amounts of drugs.

Senate Bill 50
by Senator Marionneaux (Substituted as Senate Bill 741, remained in committee)
addressed the problem of protestors disturbing a burial of person by shouting or demonstrating at a funeral. This stature would have prohibited protesting within 500 feet of any church cemetery, funeral or funeral establishment within one hour prior to the commencement of any funeral and until one hour following the cessation of any funeral. A person who violated this statute could have received a fine of up to $10,000.00 and or imprisonment of up to five years.

House Bill 306 by Representative Faucheux (referred to House committee on criminal justice) would have provided that diminution of sentence for "good time" shall be at a rate of 30 days for every 30 days in actual custody except for an inmate convicted a first time of a crime of violence as defined by present law (R.S. 14:2(13)) who shall earn diminution of sentence at a rate of three days for every 17 days in actual custody. This bill would have offered inmates an opportunity to earn additional "good time" during a natural disaster recovery effort if the inmate assists with recovery he may earn 150 days of "good time" for every 30 days served.

House Bill 75 by Representative Cazayoux (referred to the Senate committee on Judiciary C) would have enacted Code of Criminal Procedure Article 163.2 relating to chemical tests for intoxication. It provided for a search warrant for bodily samples to test for intoxication for the period of time the warrant is in effect. It specified who can issue the warrant and under what circumstances. The bill also provides for immunity for health care providers assisting with the execution of the warrant. A person would not have been able to refuse a chemical test when a search warrant for bodily samples has been issued.

Senate Bill 198 by Senator Jones (refereed to the Senate committee on Judiciary B) would have reduced the number of votes required by the Board of Pardons to grant a pardon. Four members of the board are necessary to conduct business and three votes are now the requirement to grant a pardon.

House Bill 9 by Representative Smiley (Act 72) adds "aggravated incest" to the list of enumerated crimes of violence. "Crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence".

House Bill 51 by Representative Schneider (Act 51) increases penalties for the crime of unlawfully prescribing, distributing, dispensing or assisting in illegally obtaining controlled dangerous substances. The penalty is five years, with or without hard labor and a fine of up to $50,000.

Senate Bill 517 by Senator Schedler (subject to call Senate final passage) would have required electronic monitoring of sex offenders with the cost to be borne by the party required to register as a sex offender.

Any person residing in this state, or who moves into this state after having been convicted of an offense under the laws of another state or under federal law which is equivalent to a sex offense and who is required to register for life, with the sheriff of the parish of his residence or with the chief of police of the municipality in which he resides, would have been required to continuously have on his person, commencing upon registration with the sheriff or chief of police, a location tracking electronic monitoring device.

The sheriff or chief of police could have charged a fee to the registrant for the cost of the electronic monitoring device which fee may include the costs associated with monitoring the resident's location.

Any person who failed or refused to wear a location tracking electronic monitoring device, when required to do so, would have been guilty of a misdemeanor punishable by a fine of $500 and imprisonment for six months in the parish jail without the benefit of probation, parole, or suspension of sentence.

 



Questions and comments may be directed to websen@legis.la.gov
Baton Rouge, Louisiana.