Louisianna bill for mandatory castration of sexual predators
Posted: Thu Mar 09, 2006 12:03 am
http://www.nola.com/news/t-p/capital/in ... 141580.xml
Bill requires castration for some sex offenders
2nd offense would mandate treatment
Saturday, March 04, 2006
By Ed Anderson
Capital bureau
BATON ROUGE -- Repeat sexual offenders could face chemical or surgical castration as a way to curb their sexual urges if a bill filed by a southwest Louisiana lawmaker becomes law at the March 27 legislative session.
Sen. Nick Gautreaux, D-Abbeville, Friday filed Senate Bill 3 to require a judge to order those convicted on a second sexual offense -- such as rape, sexual battery and child molestation -- to take chemicals to suppress their sex drive.
A judge could also order the repeat offender to undergo physical castration, provided the defendant voluntarily consents to the surgical procedure as an alternative to the chemical treatment.
Gautreaux said his bill would allow, but not require, a judge to order a first-time convicted sex offender to undergo the chemical treatment. He said he will amend his bill to give the first-offender the option of having the surgical procedure.
The chemical or surgical procedure would be in addition to whatever prison sentence a judge hands down, the senator said. A court-appointed medical expert would have to concur that the offender is "an appropriate candidate" for the treatment or procedure.
The judge must also determine how long the defendant will be treated with the chemical -- including the possibility of ordering the sex offender to remain on it for life. A jailed offender who has been ordered to take the medication must start the treatment at least one week before being released.
An offender who fails to appear or refuses the treatment can be sentenced to at least three years and up to five years in jail, Gautreaux said.
Gautreaux also has filed Senate Bill 2 to increase the penalties for sex crimes committed against victims under 13 by a person over 17. Offenders convicted on charges of sexual battery, oral sexual battery, indecent behavior with a juvenile, pornography involving juveniles and molestation of a juvenile could not receive a suspended sentence or placed on probation.
The bill requires a minimum sentence of 25 years. And after release from prison, the offender must wear an electronic monitoring device "for the remainder of his natural life." The cost of the monitoring must be paid by the offender, Gautreaux said.
Meanwhile, Sen. Derrick Shepherd, D-Marrero, has filed Senate Bill 6 to prohibit the sale or manufacturing of mattresses or box springs that are not fire-retardant or have not been treated with a fire-retardant substance. The measure, if passed, would take effect Jan. 1.
The bill gives the state fire marshal's office the authority to inspect mattresses and box springs sold or manufactured in the state. It authorizes the fire marshal to issue citations for noncompliance and order the property removed from the store or factory.
Failure to comply with the order could result in a jail sentence of up to six months, a maximum fine of $500 or both. The requirement would not apply to hotels, motels or bed and breakfast inns with a working fire-sprinkler system.
So far, 50 bills have been filed in advance of the session: 14 in the Senate, which began filing legislation Friday, and 36 in the House. Lawmakers can file an unlimited number of bills through March 17. From March 17 to April 18, each lawmaker can file an additional five bills.
Bill requires castration for some sex offenders
2nd offense would mandate treatment
Saturday, March 04, 2006
By Ed Anderson
Capital bureau
BATON ROUGE -- Repeat sexual offenders could face chemical or surgical castration as a way to curb their sexual urges if a bill filed by a southwest Louisiana lawmaker becomes law at the March 27 legislative session.
Sen. Nick Gautreaux, D-Abbeville, Friday filed Senate Bill 3 to require a judge to order those convicted on a second sexual offense -- such as rape, sexual battery and child molestation -- to take chemicals to suppress their sex drive.
A judge could also order the repeat offender to undergo physical castration, provided the defendant voluntarily consents to the surgical procedure as an alternative to the chemical treatment.
Gautreaux said his bill would allow, but not require, a judge to order a first-time convicted sex offender to undergo the chemical treatment. He said he will amend his bill to give the first-offender the option of having the surgical procedure.
The chemical or surgical procedure would be in addition to whatever prison sentence a judge hands down, the senator said. A court-appointed medical expert would have to concur that the offender is "an appropriate candidate" for the treatment or procedure.
The judge must also determine how long the defendant will be treated with the chemical -- including the possibility of ordering the sex offender to remain on it for life. A jailed offender who has been ordered to take the medication must start the treatment at least one week before being released.
An offender who fails to appear or refuses the treatment can be sentenced to at least three years and up to five years in jail, Gautreaux said.
Gautreaux also has filed Senate Bill 2 to increase the penalties for sex crimes committed against victims under 13 by a person over 17. Offenders convicted on charges of sexual battery, oral sexual battery, indecent behavior with a juvenile, pornography involving juveniles and molestation of a juvenile could not receive a suspended sentence or placed on probation.
The bill requires a minimum sentence of 25 years. And after release from prison, the offender must wear an electronic monitoring device "for the remainder of his natural life." The cost of the monitoring must be paid by the offender, Gautreaux said.
Meanwhile, Sen. Derrick Shepherd, D-Marrero, has filed Senate Bill 6 to prohibit the sale or manufacturing of mattresses or box springs that are not fire-retardant or have not been treated with a fire-retardant substance. The measure, if passed, would take effect Jan. 1.
The bill gives the state fire marshal's office the authority to inspect mattresses and box springs sold or manufactured in the state. It authorizes the fire marshal to issue citations for noncompliance and order the property removed from the store or factory.
Failure to comply with the order could result in a jail sentence of up to six months, a maximum fine of $500 or both. The requirement would not apply to hotels, motels or bed and breakfast inns with a working fire-sprinkler system.
So far, 50 bills have been filed in advance of the session: 14 in the Senate, which began filing legislation Friday, and 36 in the House. Lawmakers can file an unlimited number of bills through March 17. From March 17 to April 18, each lawmaker can file an additional five bills.
