NEW LAWS IN LOUSIANA 2023: Got Questions? Call Us for Free Consultation SE HABLA ESPAÑOL. (504)-610-5645 A batch of new Louisiana laws, signed by Democratic Gov. John Bel Edwards and recently enacted by the Republican-led Legislature, have taken effect. These laws include harsher penalties for fentanyl-related offenses, a mandate for public school classrooms to display “In God We Trust,” and an expansion of age verification requirements for accessing pornography websites.

One of the most contentious issues during the legislative session was a series of anti-LGBTQ+ bills. These bills encompassed a “Don’t Say Gay  ” measure prohibiting discussion of gender identity and sexual orientation in public schools, as well as a bill compelling teachers to use students’ birth-assigned names and pronouns. However, both bills were vetoed by the governor and prevented from being enacted.

Louisiana’s recent legislative session saw significant debate around a package of bills targeting the LGBTQ+ community. The bills included measures to restrict discussions of gender identity and sexual orientation in schools, enforce the use of birth-assigned pronouns and names, and prohibit gender-affirming medical care for transgender minors. While some bills were vetoed by the governor, others, such as a law limiting minors’ access to certain library materials,  pronouns and names have come into effect. These laws have sparked ongoing discussions and actions within the state. In addition, a ban on gender-affirming medical care for transgender minors is set to go into effect Jan. 1, 2024.

ACCESS TO ADULT SITES

Louisiana takes the lead in regulating access to adult websites by passing a law mandating age verification for users. The law requires porn sites to confirm users are at least 18 years old, with methods like uploading a driver’s license. Violators may face fines of up to $5,000 daily, enforced by the state’s attorney general. Other states have implemented similar laws but have encountered legal hurdles. A lawsuit was filed in June against Louisiana’s law, claiming it is unconstitutional. Louisiana’s law as unconstitutional.

NEW CRIME CHARGES | HARSHER PENALTIES FOR FENTANYL

Louisiana, known for its strict approach to crime and high incarceration rates, has introduced new criminal charges. These include categorizing “simple burglary of an inhabited dwelling” as a violent crime if the victim is present, and making theft or unauthorized access of ATMs a criminal offense. Additionally, a new law has been enacted to criminalize the production and possession of “deepfakes” depicting minors in sexual situations. The legislation specifically defines deepfake technology as digitally altered audio or visual content that inaccurately portrays an individual’s actions or speech, or swaps their likeness with another person’s in a convincing manner.

In contrast to the national trend, Louisiana has seen a significant rise in fentanyl-related deaths over the years, with fatalities increasing from under 200 in 2017 to almost 1,000 in 2021, according to data from the Louisiana Department of Health.

POLICIES IN SCHOOL

School policies in the state have been updated to reflect new legislation. Every public classroom must now prominently display the phrase “In God We Trust”, and students in kindergarten through fifth grade are required to have a minimum of 15 minutes of recess daily. Additionally, corporal punishment is now banned in schools unless a parent provides written consent.

In a separate measure, lawmakers have addressed the issue of library book bans, particularly focusing on materials with LGBTQ+ themes. A new law in Louisiana mandates public libraries to implement a card system that restricts children from accessing “sexually explicit material” without parental approval. This law also streamlines the process for parents to challenge books they find inappropriate.

Critics argue that this law unfairly targets LGBTQ+ stories and infringes on intellectual freedom, while supporters assert that it safeguards children and upholds parental rights. Libraries have until 2024 to adopt and implement the new policy, or risk losing funding from both local and state authorities.

For a full list of the bills that passed during Louisiana’s 2023 legislative session and to see when they go into effect, visit legis.la.gov

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Louisiana Expungement Law Gets Major Overhaul: The Law Offices of Ernest J Bauer JR LLC The Louisiana expungement law underwent a major overhaul in 2014, moving from La. Revised Statute 44:9 to the Louisiana Code of Criminal Procedure. This shift brought about changes in the process, including the requirement of filing multiple uniform forms. To navigate these complexities effectively, it is recommended to consult with an experienced criminal defense attorney for assistance with the expungement process, despite the initial intent to simplify self-filing.

Additionally, when seeking an expungement, a motion to set aside a conviction and dismiss prosecution may need to be filed beforehand, particularly in cases involving a conviction. These motions, as outlined in Article 894 for misdemeanors and Article 893 for felonies, have remained largely unchanged. However, future legislative sessions may bring about modifications to align these motions more closely with the newer expungement procedures outlined in Articles 971 and beyond.

Additionally, when seeking an expungement, a motion to set aside a conviction and dismiss prosecution may need to be filed beforehand, particularly in cases involving a conviction. These motions, as outlined in Article 894 for misdemeanors and Article 893 for felonies, have remained largely unchanged. However, future legislative sessions may bring about modifications to align these motions more closely with the newer expungement procedures outlined in Articles 971 and beyond.

To stay informed of any potential updates or adjustments to the expungement process, individuals can access the relevant articles on the Louisiana Legislature’s website. By staying aware of any changes and seeking professional guidance, individuals can navigate the Louisiana expungement process effectively and with confidence. Find the articles on the Louisiana Legislature’s website.

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