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Regular Session, 2010 ENROLLED
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, CARMODY, CARTER, CHAMPAGNE,
CHANEY, CONNICK, CROMER, DOERGE, DOVE, ELLINGTON,
GISCLAIR, GREENE, GUILLORY, HARDY, HAZEL, HENDERSON,
HENRY, HINES, HOFFMANN, HUTTER, MICHAEL JACKSON,
JOHNSON, SAM JONES, LABRUZZO, LAMBERT, LEGER, LIGI,
LITTLE, LOPINTO, LORUSSO, MILLS, MONICA, NOWLIN,
PEARSON, PUGH, RICHARD, RICHARDSON, ROBIDEAUX,
SCHRODER, SIMON, SMILEY, JANE SMITH, ST. GERMAIN,
STIAES, TALBOT, TEMPLET, THIBAUT, THIERRY, WHITE,
WILLIAMS, WILLMOTT AND WOOTON
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
accordance with R.S. 15:539.1.18
ACT No. 763 SB NO. 56 ENROLLED
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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
§46.2. Human trafficking8
* * *9
B. * * *10
(4)(a) In addition, the court shall order that the personal property used11
in the commission of the offense shall be seized and impounded, and after12
conviction, sold at public sale or public auction by the district attorney in13
accordance with R.S. 15:539.1.14
(b) The personal property made subject to seizure and sale pursuant to15
Subparagraph (a) of this Paragraph may include, but shall not be limited to,16
electronic communication devices, computers, computer related equipment,17
motor vehicles, photographic equipment used to record or create still or moving18
visual images of the victim that are recorded on paper, film, video tape, disc, or19
any other type of digital recording media.20
* * *21
§46.3. Trafficking of children for sexual purposes22
* * *23
D. * * *24
(3)(a) In addition, the court shall order that the personal property used25
in the commission of the offense shall be seized and impounded, and after26
conviction, sold at public sale or public auction by the district attorney in27
accordance with R.S. 15:539.1.28
(b) The personal property made subject to seizure and sale pursuant to29
Subparagraph (a) of this Paragraph may include, but shall not be limited to,30 SB NO. 56 ENROLLED
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electronic communication devices, computers, computer related equipment,1
motor vehicles, photographic equipment used to record or create still or moving2
visual images of the victim that are recorded on paper, film, video tape, disc, or3
any other type of digital recording media.4
* * *5
§80. Felony carnal knowledge of a juvenile6
* * *7
D.(1) Whoever commits the crime of felony carnal knowledge of a juvenile8
shall be fined not more than five thousand dollars, or imprisoned, with or without9
hard labor, for not more than ten years, or both, provided that the defendant shall not10
be eligible to have his conviction set aside or his prosecution dismissed in11
accordance with the provisions of Code of Criminal Procedure Article 893.12
(2)(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
* * *23
§81. Indecent behavior with juveniles24
* * *25
H. * * *26
(3)(a) In addition, the court shall order that the personal property used27
in the commission of the offense shall be seized and impounded, and after28
conviction, sold at public sale or public auction by the district attorney in29
accordance with R.S. 15:539.1.30 SB NO. 56 ENROLLED
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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
§81.1. Pornography involving juveniles7
* * *8
E. * * *9
(3)(a) In addition, the court shall order that the personal property used10
in the commission of the offense shall be seized and impounded, and after11
conviction, sold at public sale or public auction by the district attorney in12
accordance with R.S. 15:539.1.13
(b) The personal property made subject to seizure and sale pursuant to14
Subparagraph (a) of this Paragraph may include, but shall not be limited to,15
electronic communication devices, computers, computer related equipment,16
motor vehicles, photographic equipment used to record or create still or moving17
visual images of the victim that are recorded on paper, film, video tape, disc, or18
any other type of digital recording media.19
(3) (4) Upon completion of the term of imprisonment imposed in accordance20
with Paragraph (2) of this Subsection, the offender shall be monitored by the21
Department of Public Safety and Corrections through the use of electronic22
monitoring equipment for the remainder of his natural life.23
(4) (5) Unless it is determined by the Department of Public Safety and24
Corrections, pursuant to rules adopted in accordance with the provisions of this25
Subsection, that a sexual offender is unable to pay all or any portion of such costs,26
each sexual offender to be electronically monitored shall pay the cost of such27
monitoring.28
(5) (6) The costs attributable to the electronic monitoring of an offender who29
has been determined unable to pay shall be borne by the department if, and only to30 SB NO. 56 ENROLLED
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the degree that, sufficient funds are made available for such purpose whether by1
appropriation of state funds or from any other source.2
(6) (7) The Department of Public Safety and Corrections shall develop, adopt,3
and promulgate rules in the manner provided in the Administrative Procedure Act,4
that provide for the payment of such costs. Such rules shall contain specific5
guidelines which shall be used to determine the ability of the offender to pay the6
required costs and shall establish the reasonable costs to be charged. Such rules may7
provide for a sliding scale of payment so that an offender who is able to pay a8
portion, but not all, of such costs may be required to pay such portion.9
* * *10
§81.2. Molestation of a juvenile11
* * *12
G. (1) 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
(2) The personal property made subject to seizure and sale pursuant to17
Paragraph (1) of this Subsection 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
§81.3. Computer-aided solicitation of a minor23
* * *24
B. * * *25
(4)(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
(b) The personal property made subject to seizure and sale pursuant to30 SB NO. 56 ENROLLED
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Subparagraph (a) of this Paragraph may include, but shall not be limited to,1
electronic communication devices, computers, computer related equipment,2
motor vehicles, photographic equipment used to record or create still or moving3
visual images of the victim that are recorded on paper, film, video tape, disc, or4
any other type of digital recording media.5
* * *6
§86. Enticing persons into prostitution7
A. Enticing persons into prostitution is committed when any person over the8
age of seventeen entices, places, persuades, encourages, or causes the entrance of any9
other person under the age of twenty-one into the practice of prostitution, either by10
force, threats, promises, or by any other device or scheme. Lack of knowledge of the11
other person's age shall not be a defense.12
B.(1) Whoever commits the crime of enticing persons into prostitution shall13
be imprisoned, with or without hard labor, for not less than two years nor more than14
ten years.15
(2) In addition, the court shall order that the personal property used in16
the commission of the offense shall be seized and impounded, and after17
conviction, sold at public sale or public auction by the district attorney in18
accordance with R.S. 15:539.1.19
(3) The personal property made subject to seizure and sale pursuant to20
Paragraph (2) of this Subsection may include, but shall not be limited to,21
electronic communication devices, computers, computer related equipment,22
motor vehicles, photographic equipment used to record or create still or moving23
visual images of the victim that are recorded on paper, film, video tape, disc, or24
any other type of digital recording media.25
Section 2. R.S. 15:539.1 is hereby enacted to read as follows:26
§539.1. Forfeited property related to certain sex crimes; exempt property;27
allocation of forfeited property28
A. When personal property is forfeited under the provisions of R.S.29
14:40.3 (Cyberstalking), R.S. 14:46.2 (Human trafficking), R.S. 14:46.330 SB NO. 56 ENROLLED
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(Trafficking of children for sexual purposes), R.S. 14:80 (Felony carnal1
knowledge of a juvenile), R.S. 14:81 (Indecent behavior with juveniles), R.S.2
14:81.1 (Pornography involving juveniles), R.S. 14:81.2 (Molestation of a3
juvenile), R.S. 14:81.3 (Computer-aided solicitation of a minor), and R.S. 14:864
(Enticing persons into prostitution), the district attorney shall authorize a5
public sale or a public auction conducted by a licensed auctioneer, without6
appraisal, of that which is not required by law to be destroyed and which is not7
harmful to the public.8
B.(1) The personal property shall be exempt from sale if it was stolen or9
if the possessor of the property was not the owner and the owner did not know10
that the personal property was being used in the commission of the crime. If11
this exemption is applicable, the personal property shall not be released until12
such time as all applicable fees related to its seizure and storage are paid. An13
Internet service provider shall not be required to pay seizure or storage fees to14
secure the release of equipment leased to an offender.15
(2) Property subject to forfeiture pursuant to the provisions of this16
Section shall be exempt from forfeiture when a spouse, co-owner, or interest17
holder in the property establishes by sworn affidavit executed before a notary18
public the following:19
(a) That he had no knowledge of the commission of the criminal conduct20
and could not have reasonably known of the conduct.21
(b) That he did not consent to the use of property in the commission of22
the criminal conduct.23
(c) That he owns an interest in the property otherwise subject to24
forfeiture.25
(3) The property of an Internet service provider shall be exempt from26
forfeiture.27
(4) Intentionally falsifying information required by the provisions of28
Paragraph (2) of this Subsection shall subject the affiant to prosecution under29
the provisions of R.S. 14:125.30 SB NO. 56 ENROLLED
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C. In addition, the personal property shall be exempt from sale if it is1
subject to a lien recorded prior to the date of the offense and if the applicable2
fees related to the property's seizure and storage are paid by a valid lien holder.3
D. The proceeds of the public sale or public auction shall pay the costs4
of the public sale or public auction, court costs, and fees related to the seizure5
and storage of the personal property. Any proceeds remaining shall be6
distributed by the district attorney in the following manner:7
(1) Sixty percent to the seizing agency or agencies in an equitable8
manner.9
(2) Twenty percent to the prosecuting agency.10
(3) Twenty percent to the criminal court fund of the parish in which the11
offender was prosecuted.12
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: