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Regular Session, 2010
SENATE BILL NO. 56
BY SENATORS MARTINY, ALARIO, AMEDEE, APPEL, BROOME, CROWE,
DONAHUE, DUPLESSIS, HEITMEIER, KOSTELKA, LONG,
MICHOT, MOUNT, SHAW AND THOMPSON AND
REPRESENTATIVES ANDERS, ARNOLD, BOBBY BADON,
BALDONE, BARRAS, BILLIOT, BROSSETT, BURFORD, HENRY
BURNS, TIM BURNS, CARTER, CHAMPAGNE, CHANEY,
CONNICK, CROMER, DOERGE, DOVE, HARDY, HENDERSON,
HENRY, HINES, HOFFMANN, HUTTER, JOHNSON, LABRUZZO,
LAMBERT, LEGER, LIGI, LORUSSO, MILLS, MONICA, NOWLIN,
PEARSON, PUGH, RICHARD, ROBIDEAUX, SCHRODER, SIMON,
SMILEY, JANE SMITH, ST. GERMAIN, TALBOT, TEMPLET,
THIBAUT, THIERRY, WHITE, WILLIAMS AND WILLMOTT
SEX OFFENSES. Provides for forfeiture of personal property used in the commission of
certain criminal offenses. (8/15/10)
AN ACT1
To amend and reenact R.S. 14:80(D), 81.1(E)(3), (4), (5) and (6), and 86 and to enact R.S.2
14:40.3(C)(4), 46.2(B)(4), 46.3(D)(3), 81(H)(3), 81.1(E)(7), 81.2(G), and 81.3(B)(4)3
and R.S. 15:539.1, relative to criminal offenses; to provide for forfeiture of certain4
property used in the commission of certain crimes; to provide for forfeiture5
procedure; to provide for exempt property; to provide for allocation of proceeds; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:80(D), 81.1(E)(3), (4), (5) and (6), and 86 are hereby amended9
and reenacted and R.S. 14:40.3(C)(4), 46.2(B)(4), 46.3(D)(3), 81(H)(3), 81.1(E)(7), 81.2(G),10
and 81.3(B)(4) are hereby enacted to read as follows: 11
§40.3. Cyberstalking12
* * *13
C. * * *14
(4)(a) In addition, the court shall order that the personal property used15
in the commission of the offense shall be seized and impounded, and after16
conviction, sold at public sale or public auction by the district attorney in17 SB NO. 56
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accordance with R.S. 15:539.1.1
(b) The personal property made subject to seizure and sale pursuant to2
Subparagraph (a) of this Paragraph may include, but shall not be limited to,3
electronic communication devices, computers, computer related equipment,4
motor vehicles, photographic equipment used to record or create still or moving5
visual images of the victim that are recorded on paper, film, video tape, disc, or6
any other type of digital recording media.7
* * *8
§46.2. Human trafficking9
* * *10
B. * * *11
(4)(a) In addition, the court shall order that the personal property used12
in the commission of the offense shall be seized and impounded, and after13
conviction, sold at public sale or public auction by the district attorney in14
accordance with R.S. 15:539.1.15
(b) The personal property made subject to seizure and sale pursuant to16
Subparagraph (a) of this Paragraph may include, but shall not be limited to,17
electronic communication devices, computers, computer related equipment,18
motor vehicles, photographic equipment used to record or create still or moving19
visual images of the victim that are recorded on paper, film, video tape, disc, or20
any other type of digital recording media.21
* * *22
§46.3. Trafficking of children for sexual purposes23
* * *24
D. * * *25
(3)(a) In addition, the court shall order that the personal property used26
in the commission of the offense shall be seized and impounded, and after27
conviction, sold at public sale or public auction by the district attorney in28
accordance with R.S. 15:539.1.29 SB NO. 56
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(b) The personal property made subject to seizure and sale pursuant to1
Subparagraph (a) of this Paragraph may include, but shall not be limited to,2
electronic communication devices, computers, computer related equipment,3
motor vehicles, photographic equipment used to record or create still or moving4
visual images of the victim that are recorded on paper, film, video tape, disc, or5
any other type of digital recording media.6
* * *7
§80. Felony carnal knowledge of a juvenile8
* * *9
D.(1) Whoever commits the crime of felony carnal knowledge of a juvenile10
shall be fined not more than five thousand dollars, or imprisoned, with or without11
hard labor, for not more than ten years, or both, provided that the defendant shall not12
be eligible to have his conviction set aside or his prosecution dismissed in13
accordance with the provisions of Code of Criminal Procedure Article 893.14
(2)(a) In addition, the court shall order that the personal property used15
in the commission of the offense shall be seized and impounded, and after16
conviction, sold at public sale or public auction by the district attorney in17
accordance with R.S. 15:539.1.18
(b) The personal property made subject to seizure and sale pursuant to19
Subparagraph (a) of this Paragraph may include, but shall not be limited to,20
electronic communication devices, computers, computer related equipment,21
motor vehicles, photographic equipment used to record or create still or moving22
visual images of the victim that are recorded on paper, film, video tape, disc, or23
any other type of digital recording media.24
* * *25
§81. Indecent behavior with juveniles26
* * *27
H. * * *28
(3)(a) In addition, the court shall order that the personal property used29 SB NO. 56
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in the commission of the offense shall be seized and impounded, and after1
conviction, sold at public sale or public auction by the district attorney in2
accordance with R.S. 15:539.1.3
(b) The personal property made subject to seizure and sale pursuant to4
Subparagraph (a) of this Paragraph may include, but shall not be limited to,5
electronic communication devices, computers, computer related equipment,6
motor vehicles, photographic equipment used to record or create still or moving7
visual images of the victim that are recorded on paper, film, video tape, disc, or8
any other type of digital recording media.9
§81.1. Pornography involving juveniles10
* * *11
E. * * *12
(3)(a) In addition, the court shall order that the personal property used13
in the commission of the offense shall be seized and impounded, and after14
conviction, sold at public sale or public auction by the district attorney in15
accordance with R.S. 15:539.1.16
(b) The personal property made subject to seizure and sale pursuant to17
Subparagraph (a) of this Paragraph may include, but shall not be limited to,18
electronic communication devices, computers, computer related equipment,19
motor vehicles, photographic equipment used to record or create still or moving20
visual images of the victim that are recorded on paper, film, video tape, disc, or21
any other type of digital recording media.22
(3) (4) Upon completion of the term of imprisonment imposed in accordance23
with Paragraph (2) of this Subsection, the offender shall be monitored by the24
Department of Public Safety and Corrections through the use of electronic25
monitoring equipment for the remainder of his natural life.26
(4) (5) Unless it is determined by the Department of Public Safety and27
Corrections, pursuant to rules adopted in accordance with the provisions of this28
Subsection, that a sexual offender is unable to pay all or any portion of such costs,29 SB NO. 56
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each sexual offender to be electronically monitored shall pay the cost of such1
monitoring.2
(5) (6) The costs attributable to the electronic monitoring of an offender who3
has been determined unable to pay shall be borne by the department if, and only to4
the degree that, sufficient funds are made available for such purpose whether by5
appropriation of state funds or from any other source.6
(6) (7) The Department of Public Safety and Corrections shall develop, adopt,7
and promulgate rules in the manner provided in the Administrative Procedure Act,8
that provide for the payment of such costs. Such rules shall contain specific9
guidelines which shall be used to determine the ability of the offender to pay the10
required costs and shall establish the reasonable costs to be charged. Such rules may11
provide for a sliding scale of payment so that an offender who is able to pay a12
portion, but not all, of such costs may be required to pay such portion.13
* * *14
§81.2. Molestation of a juvenile15
* * *16
G. (1) In addition, the court shall order that the personal property used17
in the commission of the offense shall be seized and impounded, and after18
conviction, sold at public sale or public auction by the district attorney in19
accordance with R.S. 15:539.1.20
(2) The personal property made subject to seizure and sale pursuant to21
Paragraph (1) of this Subsection may include, but shall not be limited to,22
electronic communication devices, computers, computer related equipment,23
motor vehicles, photographic equipment used to record or create still or moving24
visual images of the victim that are recorded on paper, film, video tape, disc, or25
any other type of digital recording media.26
§81.3. Computer-aided solicitation of a minor27
* * *28
B. * * *29 SB NO. 56
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(4)(a) In addition, the court shall order that the personal property used1
in the commission of the offense shall be seized and impounded, and after2
conviction, sold at public sale or public auction by the district attorney in3
accordance with R.S. 15:539.1.4
(b) The personal property made subject to seizure and sale pursuant to5
Subparagraph (a) of this Paragraph may include, but shall not be limited to,6
electronic communication devices, computers, computer related equipment,7
motor vehicles, photographic equipment used to record or create still or moving8
visual images of the victim that are recorded on paper, film, video tape, disc, or9
any other type of digital recording media.10
* * *11
§86. Enticing persons into prostitution12
A. Enticing persons into prostitution is committed when any person over the13
age of seventeen entices, places, persuades, encourages, or causes the entrance of any14
other person under the age of twenty-one into the practice of prostitution, either by15
force, threats, promises, or by any other device or scheme. Lack of knowledge of the16
other person's age shall not be a defense.17
B.(1) Whoever commits the crime of enticing persons into prostitution shall18
be imprisoned, with or without hard labor, for not less than two years nor more than19
ten years.20
(2) In addition, the court shall order that the personal property used in21
the commission of the offense shall be seized and impounded, and after22
conviction, sold at public sale or public auction by the district attorney in23
accordance with R.S. 15:539.1.24
(3) The personal property made subject to seizure and sale pursuant to25
Paragraph (2) of this Subsection may include, but shall not be limited to,26
electronic communication devices, computers, computer related equipment,27
motor vehicles, photographic equipment used to record or create still or moving28
visual images of the victim that are recorded on paper, film, video tape, disc, or29 SB NO. 56
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any other type of digital recording media.1
Section 2. R.S. 15:539.1 is enacted to read as follows:2
§539.1. Forfeited property related to certain sex crimes; exempt property;3
allocation of forfeited property4
A. When personal property is forfeited under the provisions of R.S.5
14:40.3 (Cyberstalking), R.S. 14:46.2 (Human trafficking), R.S. 14:46.36
(Trafficking of children for sexual purposes), R.S. 14:80 (Felony carnal7
knowledge of a juvenile), R.S. 14:81 (Indecent behavior with juveniles), R.S.8
14:81.1 (Pornography involving juveniles), R.S. 14:81.2 (Molestation of a9
juvenile), R.S. 14:81.3 (Computer-aided solicitation of a minor), and R.S. 14:8610
(Enticing persons into prostitution), the district attorney shall authorize a11
public sale or a public auction conducted by a licensed auctioneer, without12
appraisal, of that which is not required by law to be destroyed and which is not13
harmful to the public.14
B.(1) The personal property shall be exempt from sale if it was stolen or15
if the possessor of the property was not the owner and the owner did not know16
that the personal property was being used in the commission of the crime. If17
this exemption is applicable, the personal property shall not be released until18
such time as all applicable fees related to its seizure and storage are paid.19
(2) Property subject to forfeiture pursuant to the provisions of this20
Section shall be exempt from forfeiture when a spouse, co-owner, or interest21
holder in the property establishes by sworn affidavit executed before a notary22
public the following:23
(a) That he had no knowledge of the commission of the criminal conduct24
and could not have reasonably known of the conduct.25
(b) That he did not consent to the use of property in the commission of26
the criminal conduct.27
(c) That he owns an interest in the property otherwise subject to28
forfeiture.29 SB NO. 56
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(3) Intentionally falsifying information required by the provisions of1
Paragraph (2) of this Subsection shall subject the affiant to prosecution under2
the provisions of R.S. 14:125.3
C. In addition, the personal property shall be exempt from sale if it is4
subject to a lien recorded prior to the date of the offense and if the applicable5
fees related to the property's seizure and storage are paid by a valid lien holder.6
D. The proceeds of the public sale or public auction shall pay the costs7
of the public sale or public auction, court costs, and fees related to the seizure8
and storage of the personal property. Any proceeds remaining shall be9
distributed by the district attorney in the following manner:10
(1) Sixty percent to the seizing agency or agencies in an equitable11
manner.12
(2) Twenty percent to the prosecuting agency.13
(3) Twenty percent to the criminal court fund of the parish in which the14
offender was prosecuted.15
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jeanne Johnston.
DIGEST
Martiny (SB 56)
Present law criminalizes and penalizes cyberstalking, human trafficking, trafficking of
children for sexual purposes, felony carnal knowledge of a juvenile, indecent behavior with
juveniles, pornography involving juveniles, molestation of a juvenile, computer-aided
solicitation of a minor, and enticing persons into prostitution.
Proposed law retains present law and provides for the seizure and impoundment of the
personal property used in the commission of any of the following crimes: cyberstalking,
human trafficking, trafficking of children for sexual purposes, felony carnal knowledge of
a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation
of a juvenile, computer-aided solicitation of a minor, and enticing persons into prostitution.
Proposed law further provides that after conviction of these certain sex crimes, the property
shall be sold at public sale or public auction by the district attorney.
Proposed law exempts personal property from sale as follows:
1. If the property was stolen or if the owner did not know his property was being used
in the commission of the crime.
2. If the property is subject to a lien recorded prior to the date of the offense and the
applicable fees related to the property's seizure and storage are paid by a valid lien SB NO. 56
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holder.
Proposed law provides that property subject to forfeiture pursuant to proposed law shall be
exempt from forfeiture when a spouse, co-owner, or interest holder in the property
establishes by sworn affidavit that:
1. That he had no knowledge of the commission of the criminal conduct and could not
have reasonably known of the conduct.
2. That he did not consent to the use of property in the commission of the criminal
conduct.
3. That he owns an interest in the property otherwise subject to forfeiture.
Proposed law further provides that intentionally falsifying information required to render
property exempt from forfeiture shall subject the affiant to prosecution pursuant to existing
law that imposes penalties for false swearing.
Proposed law provides that the proceeds of the public sale or public auction shall pay the
costs of the sale or auction, court costs, and fees related to the seizure and storage of the
personal property and any proceeds remaining shall be distributed in the following manner:
1. 60% to the seizing agency or agencies in an equitable manner.
2. 20% to the prosecuting agency.
3. 20% to the criminal court fund of the parish in which the offender was prosecuted.
Effective August 15, 2010.
(Amends R.S. 14:80(D), 81.1(E)(3), (4), (5) and (6), and 86; adds R.S. 14:40.3(C)(4),
46.2(B)(4), 46.3(D)(3), 81(H)(3), 81.1(E)(7), 81.2(G), and 81.3(B)(4) and R.S. 15:539.1)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Provides for exemption of property from forfeiture through execution of a
sworn affidavit containing specified information.
2.Provides for a penalty for falsifying information in order to render property
exempt from forfeiture.