The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Proposed law provides that a motion to set aside a conviction may be filed at any time following
a verdict or judgment of guilty for the offenses of prostitution, prostitution by massage, or crime
against nature by solicitation under present law when the defendant's participation in the offense
was a result of having been a victim of human trafficking under present law or a victim of a
severe form of trafficking under the federal Trafficking Victims Protection Act. Proposed law
further provides that the motion must be in writing, describe the supporting evidence with
particularity, and include copies of any documents showing that the moving party is entitled to
relief.
Proposed law provides that the motion to set aside the conviction cannot be denied without a
contradictory hearing unless it appears on the face of the motion that, as a matter of law, the
moving party is not entitled to the relief sought. Proposed law further provides that the court is
to grant the motion if it finds by a preponderance of evidence that the violation was a result of the
defendant having been a victim of human trafficking. Proposed law further provides that
documentation of a person's status as a victim of human trafficking provided by a federal, state,
or local government agency will create a presumption that the person's conviction was obtained
as a result of having been a victim of human trafficking, but such documentation shall not be
required to grant the motion.
Proposed law provides that if the motion to set aside the conviction is granted, the court is to set
aside the conviction and expunge the record of the criminal proceedings, and issue an order to
expunge all records and files related to the moving party's arrest, citation, investigation, charge,
criminal proceedings, adjudication of guilt, and probation for the offense. Proposed law further
provides that the court may also provide whatever other relief justice requires.
Proposed law provides that the Dept. of Children and Family Services, in conjunction with the
Dept. of Health and Hospitals, is to develop a plan for the delivery of services to victims of
human trafficking, which plan is to include provisions for:
(1)Identifying victims of human trafficking in Louisiana.
(2)Assisting victims of human trafficking with applying for federal and state benefits and
services to which they may be entitled.
(3)Coordinating the delivery of health, mental health, housing, education, job training, child
care, victims' compensation, legal, and other services to victims of human trafficking.
(4)Preparing and disseminating educational and training programs and materials to increase
awareness of human trafficking and services available to victims of human trafficking among local departments of social services, public and private agencies and service
providers, and the public.
(5)Developing and maintaining community-based services for victims of human trafficking.
(6)Assisting victims of human trafficking with family reunification or return to their place of
origin, if the victims so desire.
Proposed law provides that in developing the plan, the departments are to work together with
such other state and federal agencies, public and private entities, and other stakeholders as they
deem appropriate.
Proposed law provides that as soon as practicable after the initial encounter with a person who
reasonably appears to a law enforcement agency, a district attorney's office, or the office of the
attorney general to be a victim of human trafficking, such agency or office must:
(1)Notify the Crime Victims Services Bureau of the Dept. of Public Safety and Corrections
that such person may be eligible for services under proposed law.
(2)Make a preliminary assessment of whether such victim or possible victim of human
trafficking appears to meet the criteria for certification as a victim of a severe form of
trafficking in persons as defined in the federal Trafficking Victims Protection Act or
appears to be otherwise eligible for any federal, state, or local benefits and services. If it
is determined that the victim or possible victim appears to meet such criteria, then the
agency or office is to report the finding to the victim and refer the victim to services
available, including legal services providers. If the victim or possible victim is under the
age of 18 or is a vulnerable adult, the agency or office is to also notify the Dept. of
Children and Family Services.
Proposed law provides that after the agency or office makes a preliminary assessment that a
victim or possible victim of human trafficking appears to meet the criteria for certification as a
victim of a severe form of trafficking in persons as defined in the federal Trafficking Victims
Protection Act, and upon the request of such victim, the agency or office is to provide the victim
or possible victim of human trafficking with a completed and executed United States Citizenship
and Immigration Services (USCIS) Form I-914, Supplement B, Declaration of Law Enforcement
Officer for Victim of Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U
Nonimmigrant Status Certification, or both. Proposed law further provides that these forms are
to be completed by the certifying officer in accordance with the forms' instructions and
applicable rules and regulations, and that the victim or possible victim of human trafficking may
choose which form to have the certifying officer complete.
Proposed law provides that an individual who is a victim of human trafficking has a civil cause
of action in district court for injunctive relief and to recover actual damages, compensatory
damages, punitive damages, and for any other appropriate relief. Proposed law further provides
that a prevailing plaintiff is to be awarded court costs and attorney fees, and is entitled to treble damages on proof of actual damages where the defendant's actions were willful and malicious.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.Cr.P. Art. 930.10 and R.S. 46:2162-2164)