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A slew of Louisiana legislation, including a first-of-its-kind law that allows judges to impose the punishment of surgical castration for offenders guilty of certain sex crimes against children, went into effect Thursday.
Between new Republican Gov. Jeff Landry and a GOP supermajority in the Louisiana Legislature, measures mirroring national conservative priorities had a clear path forward into law this year. From anti-LGBTQ+ bills, tough-on-crime policies and additional regulations on absentee ballots, here is a closer look at some of the legislation that officially took effect Thursday.
SURGICAL CASTRATION AS PUNISHMENT
Similar to a handful of other states — including California, Florida and Texas — for more than 15 years Louisiana has had a law in place allowing judges to impose the punishment of chemical castration for rapists who prey on children.
However, Louisiana is now the first state that will give judges the option to sentence someone to surgical castration after the person has been convicted of certain aggravated sex crimes — including rape, incest and molestation — against a child under 13. The punishment is not automatic and would be at the discretion of the judge.
Chemical castration uses medications that block testosterone production to decrease sex drive. Surgical castration is a much more invasive procedure that involves the removal of both testicles or ovaries. It is used in other countries that are known for harsher criminal sanctions, including the Czech Republic and Nigeria.
Proponents of the Louisiana law, including Democratic Sen. Regina Barrow, who authored it, hope the new possible punishment will deter people from committing such heinous crimes against children. Opponents argue that it is cruel and unusual punishment.
Louisiana has 2,224 people in prison for such crimes. But the law can be applied only to those convicted on or after Aug. 1.
ABSENTEE BALLOTS
In Louisiana, a state where mail-in absentee voting has increased in popularity in recent years, there are new restrictions on such ballots — including limits on how many times a person can help fill one out, sign as a witness and deliver absentee ballots to the post office.
Additionally, new legislation makes it easier for officials to throw out absentee ballots that are missing details.
Supporters of the legislation, including the state’s top election official, say that the measures will strengthen and help protect election integrity in Louisiana. Opponents argue that the laws could create more hurdles for voters — specifically raising concerns for elderly residents who may rely on their adult-grandchildren, neighbors or caretakers for help during the election season.
PREVIOUSLY VETOED ANTI-LGBTQ MEASURES
During his final months in office last year, former Gov. John Bel Edwards — who was the only Democratic governor in the Deep South during his two terms — successfully blocked multiple bills targeting transgender youths in Louisiana.
But as Gov. Jeff Landry entered office in January, and the LGBTQ+ community lost their ally in the governor's mansion, previously vetoed bills were able to pass and become law.
One new law broadly bars teachers from discussing gender identity and sexual orientation in schools, a type of policy critics have dubbed “Don’t Say Gay." In addition, the measure prohibits “covering the topics of sexual orientation or gender identity during any extracurricular” activity that is under the jurisdiction of the school.
POLICE ‘BUFFER-ZONE’
Anyone who approaches within 25 feet (7.6 meters) of a police officer, under certain circumstances, can now face up to a $500 fine, up to 60 days in jail or both.
The new crime can apply to anyone who “knowingly or intentionally” approaches an officer, who is “lawfully engaged in the execution of his official duties,” and has been ordered to “stop approaching or retreat.”
Critics of the law, including the American Civil Liberties Union of Louisiana, fear that the measure could hinder the public’s ability to film officers and impede a person's First Amendment rights. Bystander cellphone videos — including that of the 2020 killing of George Floyd at the hands of Minneapolis officers — have largely been credited with revealing police misconduct and reshaping the conversation around police transparency.
The legislation’s language does not specifically mention filming, but opponents say that by default it would limit how close a person can be to observe police. Proponents argue the new law will create a buffer zone to help ensure the safety of officers. They say that bystanders would still be close enough to film police interactions.
CONCEALED CARRY OF A FIREARM IN NEW ORLEANS
On the Fourth of July, a new Republican-drafted law went into effect in Louisiana that allows those 18 and older to carry a concealed weapon without a permit.
However, in Louisiana's most populated city, New Orleans, the new legislation didn't officially go into effect until Thursday — when an existing city firearms ordinance, with more regulations, expired.
“The city is no longer allowed to have stricter laws than the state regarding permitless concealed carrying of a firearm,” said Reese Harper, the communications director for the New Orleans Police Department.
Proponents of the statewide law say it is long past time for Louisiana to join other Republican-led states in expanding gun rights. They argue that the law strengthens the constitutional right to carry. Opponents of the law fear that the lack of training typically required to carry a firearm, and with more people legally carrying a concealed gun, could result in increased gun violence.
Louisiana is the 28th state to implement such legislation, according to the National Council of State Legislatures.
