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C:\temp\copy of sb144 act 441 (rev 0).wpd

ENROLLED
ACT No. 441
BY SENATORS N. GAUTREAUX, AMEDEE, DORSEY, DUPLESSIS AND MOUNT To enact R.S. 14:43.6, relative to certain sex offenses; to authorize the administration of medroxyprogesterone acetate for persons convicted of certain sex offenses; to require the administration of medroxyprogesterone acetate for persons convicted of more than one sex offense; to provide for a determination by a medical expert; to provide for criminal penalties for noncompliance; and to provide for related matters.
Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:43.6 is hereby enacted to read as follows: §43.6. Administration of medroxyprogesterone acetate (MPA) to certain sex
offenders
A. Notwithstanding any other provision of law to the contrary, upon a
first conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape),
R.S. 14:43.2 (second degree sexual battery), R.S. 14:78.1 (aggravated incest),
R.S. 14:81.2(E) (molestation of a juvenile when the victim is under the age of
thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court may
sentence the offender to be treated with medroxyprogesterone acetate (MPA),
according to a schedule of administration monitored by the Department of
Public Safety and Corrections.
B.(1) Notwithstanding any other provision of law to the contrary, upon
a second or subsequent conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.1
(forcible rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:78.1
(aggravated incest), R.S. 14:81.2(E) (molestation of a juvenile when the victim
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 144
ENROLLED
is under the age of thirteen), and R.S. 14:89.1 (aggravated crime against
nature), the court shall sentence the offender to be treated with
medroxyprogesterone acetate (MPA) according to a schedule of administration
monitored by the Department of Public Safety and Corrections.
(2) If the court sentences a defendant to be treated with
medroxyprogesterone acetate (MPA), this treatment may not be imposed in lieu
of, or reduce, any other penalty prescribed by law. However, in lieu of
treatment with medroxyprogesterone acetate (MPA), the court may order the
defendant to undergo physical castration provided the defendant file a written
motion with the court stating that he intelligently and knowingly, gives his
voluntary consent to physical castration as an alternative to the treatment.
C.(1) An order of the court sentencing a defendant to
medroxyprogesterone acetate (MPA) treatment under this Section, shall be
contingent upon a determination by a court appointed medical expert, that the
defendant is an appropriate candidate for treatment. This determination shall
be made not later than sixty days from the imposition of sentence. An order of
the court sentencing a defendant to medroxyprogesterone acetate (MPA)
treatment shall specify the duration of treatment for a specific term of years, or
in the discretion of the court, up to the life of the defendant.
(2) In all cases involving defendants sentenced to a period of
incarceration or confinement in an institution, the administration of treatment
with medroxyprogesterone acetate (MPA) shall commence not later than one
week prior to the defendant's release from prison or such institution.
(3) The Department of Public Safety and Corrections shall provide the
services necessary to administer medroxyprogesterone acetate (MPA)
treatment. Nothing in this Section shall be construed to require the continued
administration of medroxyprogesterone acetate (MPA) treatment when it is not
medically appropriate.
(4) If a defendant whom the court has sentenced to be treated with
medroxyprogesterone acetate (MPA) fails to appear as required by the
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO. 144
ENROLLED
Department of Public Safety and Corrections for purposes of administering the
medroxyprogesterone acetate (MPA) or who refuses to allow the administration
of medroxyprogesterone acetate (MPA), then the defendant shall be charged
with a violation of the provisions of this Section. Upon conviction, the offender
shall be imprisoned, with or without hard labor, for not less than three years
nor more than five years without benefit of probation, parole, or suspension of
sentence.
(5) If a defendant whom the court has sentenced to be treated with
medroxyprogesterone acetate (MPA) or ordered to undergo physical castration
takes any drug or other substance to reverse the effects of the treatment, he
shall be held in contempt of court.
Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

Source: http://www.lanewsbureau.com/inst/2008RS/SB/01/08RS-SB144_Act_441.pdf

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