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Regular Session, 2013
SENATE BILL NO. 54
BY SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSES. Provides relative to victims of human trafficking. (gov sig)
AN ACT1
To enact Code of Criminal Procedure Article 930.10 and Chapter 28-B of Title 46 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:2162 through 2164,3
relative to human trafficking; to provide procedures by which certain convictions for4
prostitution related to victims of human trafficking may be set aside and expunged;5
to provide relative to services and remedies available to victims of human trafficking6
under certain circumstances; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Article 930.10 is hereby enacted to read as9
follows:10
Art. 930.10. Motion to set aside prostitution conviction for human trafficking11
victims12
A. A motion to set aside a conviction under this Section may be filed at13
any time following a verdict or judgment of guilty for the offenses of14
prostitution (R.S. 14:82), prostitution by massage (R.S. 14:83.3 and 83.4), or15
crime against nature by solicitation (R.S. 14:89.2) when the defendant's16
participation in the offense was a result of having been a victim of human17 SB NO. 54
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trafficking under R.S. 14:46.2 or a victim of a severe form of trafficking under1
the federal Trafficking Victims Protection Act (22 U.S.C. Section 7101 et seq.).2
B. The motion shall be in writing, describe the supporting evidence with3
particularity, and include copies of any documents showing that the moving4
party is entitled to relief under this Section.5
C. The motion shall not be denied without a contradictory hearing unless6
it appears on the face of the motion that, as a matter of law, the moving party7
is not entitled to the relief sought.8
D. The court shall grant the motion if the court finds by a preponderance9
of the evidence that the violation was a result of the defendant having been a10
victim of human trafficking. Documentation of a person's status as a victim of11
human trafficking provided by a federal, state, or local government agency shall12
create a presumption that the person's conviction was obtained as a result of13
having been a victim of human trafficking. However, such documentation shall14
not be required to grant a motion under this Section.15
E. If the motion is granted, the court shall set aside the conviction and16
expunge the record of the criminal proceedings. The court shall issue an order17
to expunge all records and files related to the moving party's arrest, citation,18
investigation, charge, criminal proceedings, adjudication of guilt, and probation19
for the offense. The court may also provide whatever other relief justice20
requires.21
Section 2. Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950,22
comprised of R.S. 46:2162 through 2164, is hereby enacted to read as follows:23
CHAPTER 28-B. HUMAN TRAFFICKING VICTIMS ACT24
§2162. Human trafficking victims services plan25
A. The Department of Children and Family Services, in conjunction with26
the Department of Health and Hospitals, shall develop a plan for the delivery27
of services to victims of human trafficking. Such plan shall include provisions28
for:29 SB NO. 54
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(1) Identifying victims of human trafficking in Louisiana.1
(2) Assisting victims of human trafficking with applying for federal and2
state benefits and services to which they may be entitled.3
(3) Coordinating the delivery of health, mental health, housing,4
education, job training, child care, victims' compensation, legal, and other5
services to victims of human trafficking.6
(4) Preparing and disseminating educational and training programs and7
materials to increase awareness of human trafficking and services available to8
victims of human trafficking among local departments of social services, public9
and private agencies and service providers, and the public.10
(5) Developing and maintaining community-based services for victims11
of human trafficking.12
(6) Assisting victims of human trafficking with family reunification or13
return to their place of origin, if the victims so desire.14
B. In developing the plan, the departments shall work together with such15
other state and federal agencies, public and private entities, and other16
stakeholders as they shall deem appropriate.17
§2163. Assistance to victims of human trafficking18
A. Classification of victims of human trafficking. As soon as practicable19
after the initial encounter with a person who reasonably appears to a law20
enforcement agency, a district attorney's office, or the office of the attorney21
general to be a victim of human trafficking, such agency or office shall:22
(1) Notify the Crime Victims Services Bureau of the Department of23
Public Safety and Corrections that such person may be eligible for services24
under this Chapter.25
(2) Make a preliminary assessment of whether such victim or possible26
victim of human trafficking appears to meet the criteria for certification as a27
victim of a severe form of trafficking in persons as defined in the federal28
Trafficking Victims Protection Act (22 U.S.C. Section 7101 et seq.) or appears29 SB NO. 54
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to be otherwise eligible for any federal, state, or local benefits and services.1
(a) If it is determined that the victim or possible victim appears to meet2
such criteria, then the agency or office shall report the finding to the victim and3
shall refer the victim to services available, including legal services providers.4
(b) If the victim or possible victim is under the age of eighteen or is a5
vulnerable adult, the agency or office shall also notify the Department of6
Children and Family Services.7
B. Law enforcement assistance with respect to immigration.8
(1) After the agency or office makes a preliminary assessment pursuant9
to Paragraph (A)(2) of this Section that a victim or possible victim of human10
trafficking appears to meet the criteria for certification as a victim of a severe11
form of trafficking in persons as defined in the federal Trafficking Victims12
Protection Act, and upon the request of such victim, the agency or office shall13
provide the victim or possible victim of human trafficking with a completed and14
executed United States Citizenship and Immigration Services (USCIS) Form15
I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of16
Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U17
Nonimmigrant Status Certification, or both. These forms shall be completed18
by the certifying officer in accordance with the forms' instructions and19
applicable rules and regulations.20
(2) The victim or possible victim of human trafficking may choose which21
form to have the certifying officer complete.22
§2164. Civil cause of action for victims of human trafficking23
An individual who is a victim of human trafficking shall have a civil24
cause of action in district court for injunctive relief and to recover actual25
damages, compensatory damages, punitive damages, and for any other26
appropriate relief. A prevailing plaintiff shall also be awarded court costs and27
attorney fees. Treble damages shall be awarded on proof of actual damages28
where the defendant's actions were willful and malicious.29 SB NO. 54
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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 SB NO. 54
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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)