Amendment vs bill House Committee Amendment, #736, ACRJ, Draft vs HB86 Original

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HLS 26RS-123 ORIGINAL Regular Session HOUSE BILL NO.
HCAHB86 4274 736 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
86 BY REPRESENTATIVE WALTERS DOMESTIC ABUSE:
86 by Representative Walters AMENDMENT NO.
Creates a statewide registry for individuals convicted of multiple domestic abuse offenses AN ACT ToenactChapter3-HofTitle15oftheLouisianaRevisedStatutesof1950,tobecomprised ofR.S.15:564through564.3,relativetoreportingrequirementsofpersonsconvicted of multiple domestic abuse offenses;
1 On page 1, line 11, change "ABUSE REPEAT OFFENDER" to "VIOLENCE" AMENDMENT NO.
to provide for registration;
2 On page 1, line 12, change "domestic abuse" to "felony domestic violence" AMENDMENT NO.
to provide relative to the duty of offenders to notify law enforcement;
3 On page 1, delete line 18 in its entirety and insert the following:
to provide relative to the failure to register;
"(1) R.S.
to provide relative to the duration of registration requirements;
14:34.9(D), (E), (F), (I), (K), (L), (M), (N), (O), or (P) (Battery of a dating a partner)" AMENDMENT NO.
and to provide for related matters.
4 On page 1, delete line 20 in its entirety and insert the following:
Be it enacted by the Legislature of Louisiana:
"(3) R.S.
Section 1.
14:35.3(D), (E), (F), (I), (J), (K), (L), (M), (N), (O) or (P) (Domestic abuse battery)" AMENDMENT NO.
Chapter 3-H of Title 15 of the Louisiana Revised Statutes of 1950, comprised of R.S.
5 On page 2, delete lines 2 through 4 in their entirety and insert the following:
15:564 through 564.3, is hereby enacted to read as follows:
"(5) R.S.
CHAPTER 3-H.
14:40.2(B)(2), (3), (4), (5), or (6) (Stalking) (6) R.S.
DOMESTIC ABUSE REPEAT OFFENDER REGISTRY §564.
14:79(B)(2) or (C) (Violation of protective orders)" AMENDMENT NO.
Registration of persons convicted of domestic abuse offenses A.
6 On page 2, line 7, change "Abuse Repeat Offender" to "Violence" AMENDMENT NO.
Any person residing in this state who has been convicted of the commission or conspiracy to commit, or pled guilty or nolo contendere to the commission orconspiracyto commit, asecondor subsequent violation ofanyofthe following shall register and provide notification in accordance with the provisions of this Chapter:
7 On page 2, delete lines 10 through 15 in their entiretyand insert "register in person with the Louisiana State Police at either its headquarters in Baton Rouge or the nearest Louisiana state police troop unit where the offender resides.
(1) R.S.
AMENDMENT NO.
14:34.9 (Battery of a dating partner) (2) R.S.
8 On page 2, line 17, after "provide" delete the remainder of the line and delete line 18 in its entirety and insert "state police with all of the following information:" AMENDMENT NO.
14:34.9.1 (Aggravated assault upon a dating partner) (3) R.S.
9 On page 4, delete lines 1 through 8 in their entirety and insert the following:
14:35.3 (Domestic abuse battery) Page 1 of 10 CODING:
"D.(1) TheoffendershallpaytoLouisianaStatePoliceanannualregistration feeof two hundred fiftydollars to defraythe administrative costs of maintaining the record of the offender." Page 1 of 2 CODING:
HLS 26RS-123 ORIGINAL HB NO.
HCAHB86 4274 736 AMENDMENT NO.
86 (4) R.S.
10 On page 4, line 19, change "the law enforcement agency" to "Louisiana State Police" AMENDMENT NO.
14:37.7 (Domestic abuse aggravated assault) (5) R.S.
11 On page 5, line 3, after "Domestic" delete the remainder of the line and at the beginning of line 4, delete "Offender" and insert "Violence" AMENDMENT NO.
14:40.2 (Stalking) (6) R.S.
12 On page 5, line 9, change "law enforcement" to "Louisiana State Police" 9 AMENDMENT NO.
14:40.3 (Cyberstalking) (7) R.S.
13 On page 5, between lines 19 and 20, insert the following:
14:79 (Violation of protective orders) B.(1) Thecourtshallprovidewrittennotificationtoanypersonwhocommits asecondorsubsequentviolationofanyoffenselistedinSubsectionAofthisSection and the offender shall register on the Domestic Abuse Repeat Offender Registry upon release, or as a condition of his probation or parole.
"(v) Any address that is the same address as a victim of any of the offenses that require the registration of the offender." AMENDMENT NO.
(2) An offender who is required to register pursuant to 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.
14 On page 6, line 5, change "Abuse Repeat Offender" to "Violence" AMENDMENT NO.
If the offender resides in a municipality with a population in excess of three hundred thousand persons, the offendershall registerin person with the police department of his municipality of residence.
15 On page 6, line 12, after "Domestic" delete the remainder of the line and insert "Violence" AMENDMENT NO.
C.(1) No later than five business days after release, an offender who is required to register shall register and provide all of the following information to the appropriate law enforcement agencies listed in Subsection B of this Section:
16 On page 6, delete lines 21 through 26 in their entirety and insert the following:
(a) Name and anyaliases used by the offender.
"(iv) The registry contains information regarding only certain criminal offenses.
(b) The offender's physical address or addresses of residence.
Domestic violence often includes behavior beyond the scope of these criminal offenses.
(c) Nameandphysicaladdressoftheoffender's placeofemployment.
(v) Ifapersonfeelsunsafeinarelationship,helpisavailable.
Ifthe 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.
TheLouisiana Statewide Domestic Violence Hotline telephone number is 1-888-411-1333." AMENDMENT NO.
(d) Name and physical address of the school in which he is a student.
17 On page 7, line 8, change "Abuse Repeat Offender" to "Violence" AMENDMENT NO.
(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 telephoneservice.
18 On page 8, at the beginning of line 2, change "Abuse Repeat Offender" to "Violence" Page 2 of 2 CODING:
Ifthoseformsofproofofresidencearenotavailable,theoffender may provide an affidavit of an adult resident living at the same address.
The Page 2 of 10 CODING:
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HLS 26RS-123 ORIGINAL HB NO.
86 affidavit shall certify that the affiant understands his obligation to provide written notice in the same manner as provided in R.S.
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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 wasobtained,thedocketnumberofthecase,thespecificstatuteunderwhichhewas 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 everymotorized vehicle registered to or operated bythe 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) Adescriptionofthephysicalcharacteristicsoftheoffender,includingbut 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)(a)(i) Failure to register as required in Paragraph (1) of this Subsection constitutes a violation of this Chapter.
(ii) Knowingly providing false information to anylaw enforcement officer, office, or agency required to receive registration information pursuant to the provisions of this Chapter constitutes a failure to register.
(b) Uponconviction,theoffendershall befinednot morethanonethousand dollars and imprisoned for not more than one year with or without hard labor.
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HLS 26RS-123 ORIGINAL HB NO.
86 D.(1) The offender shall pay to the appropriate law enforcement agencies withwhom heis requiredto register,exceptforthecampuslawenforcementagency of an institution of postsecondary education, an annual registration fee of two hundred fifty dollars to be allocated as follows:
(a) Onehundred fiftydollars to defraythe costsofmaintainingtherecordof the offender.
(b) One hundred dollars to the governor's office on women's policy for domestic abuse intervention programming and services.
(2) The payment of the fee shall be made in accordance with any rule regarding indigency adopted by the judges of the judicial district court in the jurisdiction or as determined by criteria established by the Department of Public Safety and Corrections.
The offender shall pay the fee upon his initial registration and on each subsequent anniversaryof his initial registration.
(3) Failure by the offender to pay the annual registration fee constitutes a failure to register and subjects the offender to prosecution under the provisions of this Chapter.
The offender shall not be prevented from registering in accordance with this Section due to failure to pay the annual registration fee.
E.
Uponreceiptoftheregistration informationasrequiredbytheprovisions of this Section,thelawenforcementagencyshall, byelectronic means, immediately forwardtheoffender'sinformationtotheLouisianaBureauofCriminalIdentification and Information.
F.
The offender registration and notification requirements required by this Chapter are mandatory and shall not be waived or suspended by any court.
Any orderwaivingorsuspendingoffenderregistrationandnotificationrequirementsshall 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.
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HLS 26RS-123 ORIGINAL HB NO.
86 §564.1.
Duties of the Louisiana Bureau of Criminal Identification and Information A.(1) TheLouisianaBureauofCriminalIdentificationandInformationshall develop and maintain the central registry known as the Domestic Abuse Repeat Offender Registry.
The registry shall contain the information transmitted to the bureau pursuant to the provisions of this Chapter.
Upon receipt of the registration and information of any person subject to the provisions of this Chapter, the bureau shall immediately enter the appropriate information in the public registry.
The bureau shall accept electronically submitted information and registration renewal information that is received from law enforcement.
(2)(a) The bureau shall provide for public access to the information contained in the registry, including internet-based access, which shall have field- search capabilities.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the following information is exempt from public access:
(i) Social security numbers.
(ii) Names of the victims or survivors of the offenses requiring registration.
(iii) Telephonenumbers, subject to the provisions of Subparagraphs (c) and (d) of this Paragraph.
(iv) Email addresses.
(c) Notwithstanding the provisions of Subparagraph (b) of this Paragraph, theregistryshallcontaintheabilitytosearchbytelephonenumbers,emailaddresses, online screen names, or other online identities to provide information to the person conducting the search regarding whether or not that information has been linked to a person convicted of an offense that requires registration pursuant to R.S.
15:564(A).
This search shall not disclose the name or any other identifying informationabouttheoffendertothepersonconductingthesearch,excepttoidentify thattheinformationhasbeenlinkedtoapersonconvictedofanoffensethatrequires registration pursuant to R.S.
15:564(A).
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HLS 26RS-123 ORIGINAL HB NO.
86 (d) Notwithstanding the provisions of Subparagraphs (b) and (c) of this Paragraph, the bureau shall, upon request by any person or entity in a manner prescribed by the bureau, provide a list of telephone numbers, email addresses, online screen names, static internet protocol addresses,or other online identities of persons in the Domestic Abuse Repeat Offender Registry for the purpose of identifying and monitoring a registered user associated with the telephone number, email address, online screen name, static internet protocol address, or other online identity.
Theinformationprovidedtothepersonorentityshallnotdisclosethename or other identifying information of the offender that is associated with, or who is using, any of the telephone numbers, email addresses, online screen names, static internet protocol addresses, or other online identities in the provided list.
(e) The bureau shall maintain a Domestic Abuse Repeat Offender Notification and Registration website on the internet, which shall contain a disclaimer informing the public of all of the following:
(i) Theinformationcontainedonthesiteisobtainedfromoffenders,andthe bureau does not guarantee its accuracyor completeness.
(ii) Members of the public are not allowed to use the information to harass or threaten offenders or members of their families.
(iii) Harassment,stalking, or threats against offendersor their familiesshall be a violation of Louisiana criminal laws.
B.
The bureau shall develop and maintain the registry as to provide for automatic email notifications at the time when an offender begins residence, employment, or school attendance within a certain geographic radius or zip code.
This function of the registryshall allow members of the public and organizations to request automatic email notifications to be sent to an email address provided bythe requestor for a certain geographic radius or zip code specified by the requestor.
C.
Thebureauisherebydesignatedasthestateagencytoreceiveinformation regardinganout-of-stateperson who establishes a residencein this statepursuantto Page 6 of 10 CODING:
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HLS 26RS-123 ORIGINAL HB NO.
86 R.S.
15:542.1.3 and has been convicted of a similar offense as those that require registration pursuant to R.S.
15:564(A).
D.
The bureaumaypromulgate rules andregulations in accordancewith the Administrative Procedure Act to implement the provisions of this Chapter.
E.(1) The bureau shall provide for the capability for a social networking websitetocomparethedatabaseofregisteredusersofthatsocialnetworkingwebsite to the list of email addresses, instant message addresses, and other similar online identifiers of persons in the Domestic Abuse Repeat Offender Registry.
(2) An entity operating a social networking website that uses the website to compare its database of registered users to the list of email addresses, instant message addresses, and other online identifiers of persons in the registry shall first provide the bureau with all of the following information:
(a) The name, address, and telephone number of the entity operating the social networking website.
(b) The legal nature and corporate status of the entity operating the social networking website.
(c) A statement signed by the chief legal officer of the social networking website to the effect that the information obtained from the registry shall not be disclosed for any purpose other than for comparing the database of registered users of the social networking website against the list of email addresses, instant message addresses, and other online identifiers of persons contained in the state registry to protect victims and survivors from abuse or neglect, and that disclosure of this information for any other purpose is unlawful.
(d) The name, address, and telephone number of a natural person who is authorizedtoreceiveserviceofprocessfortheentityoperatingthesocialnetworking website.
(3) After complying with the requirements of Paragraph (2) of this Subsection, the entity operating the social networking website may screen users or compare its database of registered users to the list of email addresses, instant Page 7 of 10 CODING:
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HLS 26RS-123 ORIGINAL HB NO.
86 messageaddresses,andotheronlineidentifiersofpersonscontainedintheDomestic Abuse Repeat Offender Registry as frequently as the bureau will allow for the purpose of identifying, monitoring, or removing a registered user associated with emailaddresses,instantmessageaddresses,andotheronlineidentifierscontainedin the registry.
(4) Anentityoperatingasocialnetworkingwebsitewhichcomplieswiththe provisions of Paragraphs (2) and (3) of this Subsection and its directors, officers, employees,oragentsmayclaimsuchcomplianceasadefenseto aclaim forliability arising against the entity or those persons.
§564.2.
Duration of registration and notification period A person requiredto register pursuant to the provisions of this Chapter shall complywiththerequirementtokeepcurrenthisregistrationinformationforoneyear fromthedateofinitial registration in this state, five years ifheis requiredto register forasecondtime,andforthedurationofthelifetimeoftheoffenderifheis required to register for a third or subsequent time, unless the underlying conviction is reversed, set aside, or vacated.
§564.3.
Short title This Chapter shall be referred to and may be cited as "The Purple Promise Law".
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart of the legislative instrument.
The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] HB 86 Original 2026 Regular Session Walters Abstract:
Requires a person who is convicted of multiple domestic abuse offenses to register with local law enforcement agencies.
Proposed law creates the Domestic Abuse Repeat Offender Registry and requires the registration of any person residing in this state who has been convicted of the commission or conspiracyto commit, or pled guiltyor nolo contendereto the commission or conspiracy to commit, a second or subsequent violation of any of the following offenses:
(1) R.S.
14:34.9 (Battery of a dating partner) (2) R.S.
14:34.9.1 (Aggravated assault upon a dating partner) Page 8 of 10 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HLS 26RS-123 ORIGINAL HB NO.
86 (3) R.S.
14:35.3 (Domestic abuse battery) (4) R.S.
14:37.7 (Domestic abuse aggravated assault) (5) R.S.
14:40.2 (Stalking) (6) R.S.
14:40.3 (Cyberstalking) (7) R.S.
14:79 (Violation of protective orders) Proposed law requires the court to provide written notification to the offender of his obligation to register upon release, or as a condition of his probation or parole.
Proposed law requiresthe offenderto register with the appropriate law enforcementagency and outlines the information required for registration.
Proposed law provides for a registration fee of $250, payable to the appropriate law enforcement agencies with whom the offender is required to register, to be allocated as follows:
(1) $150 to defray the costs of maintaining the record of the offender.
(2) $100 to the governor's office on women's policy for domestic abuse intervention programming and services.
Proposed law providesforpaymentofthefeeand provides that failure to paythe annual fee constitutes a failure to register that is punishable pursuant to proposed law.
Proposed law requires the appropriate law enforcement agencyto immediatelyforward the offender's information electronically to the La.
Bureau of Criminal Identification and Information.
Proposedlaw providesthattheoffenderregistration andnotificationrequirementsrequired byproposed law are mandatoryand shall not be waived or suspended byanycourt.
Further provides that 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.
ProposedlawprovidesforthedutiesoftheLa.BureauofCriminalIdentificationasfollows:
(1) Maintaining the central registry known as the Domestic Abuse Repeat Offender Registry and entering the appropriate information in the registry.
(2) Providing public access to the information contained in the registry, including internet-based access, with field-search capabilities and exemptions for particular information.
(3) Providing for automatic email notifications at the time when an offender begins residence, employment, or school attendance within a certain geographic radius or zip code.
(4) Receiving information regarding an out-of-state person convicted of a similar offense as those provided in proposed law who establishes a residence in this state pursuant to present law (R.S.
15:542.1.3).
(5) Promulgating rules and regulations in accordance with the APA to implement the provisions of proposed law.
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HLS 26RS-123 ORIGINAL HB NO.
86 (6) Providing a social networkingwebsite with the capabilityof comparingits database ofregistereduserstothelistofemailaddresses,instantmessageaddresses,andother similar online identifiers of persons in the registry.
Proposed law provides for the following registration periods:
(1) One year from the date of initial registration.
(2) Five years if the offender is required to register for a second time.
(3) The lifetime of the offender if he is required to register for a third or subsequent time.
Proposedlawprovidesanexceptiontotheseregistrationperiodsiftheunderlyingconviction is reversed, set aside, or vacated.
Proposed law shall be referred to and maybe cited as "The Purple Promise Law".
(Adds R.S.
15:564-564.3) Page 10 of 10 CODING: