April 9, 2008

LA- Sex offender bills move through La. Senate

The only thing good about these proposed laws is, that if the ACLU will ever start a lawsuit and get it to the Supreme Court, Louisiana will certainly be the example of a state that has lost its mind and is so overreaching that their laws will be declared unconstitutional. They may get away with it for those still under parole or probation but for other registrants this is insane and is an abuse of the power of the legislature.

4-9-2008 Louisiana:

BATON ROUGE, La. (AP) — Proposals to impose tougher prison terms and castration on sex offenders moved forward in the Legislature on Tuesday, along with another bill barring sex convicts from wearing masks at Halloween or Carnival time.

With little discussion, the Senate unanimously approved a bill to lengthen the minimum prison terms for those convicted of sex crimes involving children, from one to five years. Also passing unanimously was a proposal to criminalize the act of using text messages to arrange a sexual meeting with a juvenile.

Both bills are supported by Gov. Bobby Jindal and sponsored by Sen. Jody Amedee, D-Gonzales. Amedee also won unanimous support for a bill to raise the minimum penalties for those convicted of using a computer to entice a juvenile into a sex act. It would raise the minimum jail term from two to five years when the victim is between 13 and 17, and from two to 10 years when the victim is 12 or younger.

The three measures move to the House.

Meanwhile, a Senate committee approved bills by Sen. Nick Gautreaux involving castration and Halloween masks.

Gautreaux's castration bill, involving both physical and chemical castration, applies to a range of offenses including aggravated rape, simple rape and indecent behavior with a juvenile. A judge would have the option of sentencing a first-offender to treatment with the drug medroxyprogesterone acetate, with the aim of diminishing his sexual impulses.

The treatment would be mandatory on a second offense, though a medical expert would have to determine that the treatment would be effective.

Once ordered to undergo the treatment, the offender would have the option of physical castration — which Gautreaux said some offenders might prefer to avoid any drug side effects or in hopes of permanently curbing impulses that led to his offense.

Nobody spoke against the bill but committee members raised questions, including whether drug treatment would be mandatory for female sex offenders. Gautreaux said he would research the issue and deal with it when the bill comes up for floor debate.

After the hearing, a lobbyist said the castration bill will be opposed.

"It is state-sanctioned mutilation and that is cruel and unusual punishment," George Steimel, lobbyist for the Louisiana Association of Criminal Defense Lawyers, said Tuesday afternoon.

Gautreaux's other bill was aimed at sex offenders who might wear a Santa Claus suit or other costume to entice children. Wearing a mask or hood to conceal identity already is against the law in the state but there are numerous exceptions for Mardi Gras and other holidays. Gautreaux's bill would effectively do away with those exceptions for people convicted of any of numerous sex crimes. And it would prohibit them from handing out gifts or candy to anyone under age 18 at Halloween, Carnival, Christmas, Easter or "other recognized holidays for which generally candy is distributed or other gifts given."

The bills by Gautreaux, D-Meaux, move to the full Senate. ..more.. by DOUG SIMPSON and KEVIN McGILL

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