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Regular Session, 2013
SENATE BILL NO. 88
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 R.S. 14:82(H), 83.3(E), 83.4(D), and 89.2(E), R.S. 15:539.1(E), 539.2, and 539.3,2
R.S. 40:2406.1, Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950,3
to be comprised of R.S. 46:2161 through 2163, Chapter 20 of Title VI of the4
Louisiana Children's Code, comprised of Articles 725 to 725.3, Louisiana Children's5
Code Arts. 728(6), 730(12), 804(9), and 839(D) and Code of Criminal Procedure Art.6
930.10, relative to human trafficking; to provide for certain presumptions concerning7
children that are victims of child sex trafficking; to provide for restitution to victims;8
to establish and provide for a special fund in the state treasury; to provide for law9
enforcement human trafficking training; to provide for human trafficking victims10
service plans; to provide a civil cause of action for victims of human trafficking; to11
provide a safe harbor program for sexually exploited children; to provide for a12
statewide protocol; to provide alternate procedures to delinquency proceedings to13
children involved in the violation of certain sex offenses; to provide procedures by14
which certain convictions for prostitution related to victims of human trafficking15
may be set aside and expunged; to provide relative to services and remedies available16
to victims of human trafficking under certain circumstances; and to provide for17 SB NO. 88
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related matters.1
Be it enacted by the Legislature of Louisiana:2
Section 1. R.S. 14:82(H), 83.3(E), 83.4(D), and 89.2(E) are hereby enacted to read3
as follows:4
§82. Prostitution; definition; penalties; enhancement5
* * *6
H. Notwithstanding the foregoing, if it is determined, after a reasonable7
detention for investigative purposes, that a person suspected of or charged with8
a violation of this Section is a person under the age of eighteen, there shall be9
a presumption that the person is a victim of child sex trafficking and should be10
treated as a child in need of care pursuant to Article 606 of the Children's Code.11
* * *12
§83.3. Prostitution by massage13
* * *14
E. Notwithstanding the foregoing, if it is determined, after a reasonable15
detention for investigative purposes, that a person suspected of or charged with16
a violation of this Section is a person under the age of eighteen, there shall be17
a presumption that the person is a victim of child sex trafficking and should be18
treated as a child in need of care pursuant to Article 606 of the Children's Code.19
§83.4. Massage; sexual conduct prohibited20
* * *21
D. Notwithstanding the foregoing, if it is determined, after a reasonable22
detention for investigative purposes, that a person suspected of or charged with23
a violation of this Section is a person under the age of eighteen, there shall be24
a presumption that the person is a victim of child sex trafficking and should be25
treated as a child in need of care pursuant to Article 606 of the Children's Code.26
* * *27
§89.2. Crime against nature by solicitation28
* * *29 SB NO. 88
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E. Notwithstanding the foregoing, if it is determined, after a reasonable1
detention for investigative purposes, that a person suspected of or charged with2
a violation of this Section is a person under the age of eighteen, there shall be3
a presumption that the person is a victim of child sex trafficking and should be4
treated as a child in need of care pursuant to Article 606 of the Children's Code.5
Section 2. R.S. 15:539.1(E), 539.2, and 539.3 are hereby enacted to read as follows:6
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation7
of forfeited property8
* * *9
E. Notwithstanding the foregoing, where the property to be forfeited is10
related to human trafficking under R.S. 14:46.2 or trafficking of children for11
sexual purposes under R.S. 14:46.3, the proceeds of the public sale or auction12
shall be applied first to any restitution granted to the victim, after the costs of13
the public sale or auction, court costs, or fees related to seizure and storage have14
been satisfied. Any remaining proceeds shall be distributed in the following15
manner:16
(1) Twenty-five percent to the seizing agency or agencies in an equitable17
manner.18
(2) Twenty-five percent to the prosecuting agency.19
(3) Fifty percent to the Sexually Exploited Children's Special Fund20
pursuant to R.S. 15:539.2. 21
§539.2. Sexually Exploited Children's Special Fund22
A. Any person who is convicted, pleads guilty, or nolo contendere to an23
offense involving trafficking of children for sexual purposes under R.S. 14:46.3,24
prostitution with persons under seventeen under R.S. 14:82.1, or enticing25
persons into prostitution under R.S. 14:86 shall be ordered to pay a mandatory26
monetary assessment of two thousand dollars. Notwithstanding any law to the27
contrary, the assessments provided by this Section shall be in addition to and28
not in lieu of, and shall not be used to offset or reduce, any fine authorized or29 SB NO. 88
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required by law.1
B. There is established in the state treasury the Sexually Exploited2
Children's Special Fund, hereinafter referred to as the "fund". Appropriations3
by the legislature and all monetary assessments paid and interest accrued on4
funds collected pursuant to Subsection A shall be deposited into the fund.5
Monies in the fund shall be used for the provision of services and treatment6
administered by the Department of Children and Family Services, such as7
securing residential housing, health services, and social services, to sexually8
exploited children. The department may also use the funds for grants or to9
provide services for sexually exploited children.10
§539.3 Mandatory restitution11
A. A person convicted of a violation of R.S. 14:46.2 (human trafficking)12
or R.S. 14:46.3 (trafficking of children for sexual purposes) shall be ordered to13
pay mandatory restitution to the victim, with the proceeds from property14
forfeited under R.S. 15:539.1 applied first to payment of restitution, after the15
costs of the public sale or auction, court costs, or fees related to seizure and16
storage have been satisfied. Restitution under this Section shall include any of17
the following:18
(1) Costs of medical and psychological treatment.19
(2) Costs of necessary transportation and temporary housing.20
(3) The greater of (i) the value of the victim's labor as guaranteed under21
the minimum wage and overtime provisions of the federal Fair Labor Standards22
Act; or (ii) the gross income or value to the defendant of the victim's labor or23
services or of any commercial sex acts engaged in by the victim while in the24
human trafficking situation.25
(4) Return of property, cost of damage to property, or full value of26
property if destroyed or damaged beyond repair.27
(5) Expenses incurred by a victim and any household members or other28
family members in relocating away from the defendant or the defendant's29 SB NO. 88
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associates, including but not limited to deposits for utilities and telephone1
service, deposits for rental housing, temporary lodging and food expenses,2
clothing, and personal items. Expenses incurred pursuant to this Section shall3
be verified by law enforcement to be necessary for the personal safety of the4
victim or household or family members, or by a mental health treatment5
provider to be necessary for the emotional well-being of the victim.6
B. For purposes of this Section, the return of the victim to the victim's7
home country or other absence of the victim from the jurisdiction shall not8
prevent the victim from receiving restitution.9
Section 3. R.S. 40:2406.1 is hereby enacted to read as follows:10
§2406.1. Human trafficking training11
A. The council shall provide mandatory training for law enforcement12
agencies in addressing human trafficking.13
B. Such training shall focus on all of the following:14
(1) Investigating human trafficking under R.S. 14:46.2.15
(2) Investigating trafficking of children for sexual purposes under R.S.16
14:46.3 and the special needs of sexually exploited children.17
(3) Methods used in identifying United States citizen and foreign national18
victims of human trafficking, including preliminary interview techniques and19
appropriate questioning methods.20
(4) Methods of increasing effective collaboration with non-governmental21
organizations and other relevant social service organizations in the course of22
investigating and prosecuting a human trafficking case.23
(5) Methods for protecting the rights of victims of human trafficking,24
taking into account the need to consider human rights and the special needs of25
women victims.26
(6) The necessity of treating victims of human trafficking as crime27
victims rather than criminals.28
(7) Methods for promoting the safety of victims of human trafficking.29 SB NO. 88
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C. The council shall seek input and participation of appropriate1
non-governmental organizations and other relevant organizations in the2
preparation and presentation of training called for in this Section. 3
Section 4. Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950,4
comprised of R.S. 46:2161 through 2163, is hereby enacted to read as follows:5
CHAPTER 28-B. HUMAN TRAFFICKING VICTIMS6
§2161. Human trafficking victims services plan7
A. The Department of Children and Family Services, in conjunction with8
the Department of Health and Hospitals, shall develop a plan for the delivery9
of services to victims of human trafficking. Such plan shall include provisions10
for:11
(1) Identifying victims of human trafficking in Louisiana.12
(2) Assisting victims of human trafficking with applying for federal and13
state benefits and services to which they may be entitled.14
(3) Coordinating the delivery of health, mental health, housing,15
education, job training, child care, victims' compensation, legal, and other16
services to victims of human trafficking.17
(4) Preparing and disseminating educational and training programs and18
materials to increase awareness of human trafficking and services available to19
victims of human trafficking among local departments of social services, public20
and private agencies and service providers, and the public.21
(5) Developing and maintaining community-based services for victims22
of human trafficking.23
(6) Assisting victims of human trafficking with family reunification or24
return to their place of origin, if the victims so desire.25
B. In developing the plan, the departments shall work together with such26
other state and federal agencies, public and private entities, and other27
stakeholders as they shall deem appropriate.28
§2162. Assistance to victims of human trafficking29 SB NO. 88
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A. Classification of victims of human trafficking. As soon as practicable1
after the initial encounter with a person who reasonably appears to a law2
enforcement agency, a district attorney's office, or the office of the attorney3
general to be a victim of human trafficking, such agency or office shall:4
(1) Notify the Crime Victims Services Bureau of the Department of5
Public Safety and Corrections that such person may be eligible for services6
under this Chapter.7
(2) Make a preliminary assessment of whether such victim or possible8
victim of human trafficking appears to meet the criteria for certification as a9
victim of a severe form of trafficking in persons as defined in the federal10
Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.) or appears to be11
otherwise eligible for any federal, state, or local benefits and services.12
(a) If it is determined that the victim or possible victim appears to meet13
such criteria, then the agency or office shall report the finding to the victim and14
shall refer the victim to services available, including legal services providers.15
(b) If the victim or possible victim is under the age of eighteen or is a16
vulnerable adult, the agency or office shall also notify the Department of17
Children and Family Services.18
B. Law enforcement assistance with respect to immigration.19
(1) After the agency or office makes a preliminary assessment pursuant20
to Paragraph (A)(2) of this Section that a victim or possible victim of human21
trafficking appears to meet the criteria for certification as a victim of a severe22
form of trafficking in persons as defined in the federal Trafficking Victims23
Protection Act, and upon the request of such victim, the agency or office shall24
provide the victim or possible victim of human trafficking with a completed and25
executed United States Citizenship and Immigration Services (USCIS) Form26
I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of27
Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U28
Nonimmigrant Status Certification, or both. These forms shall be completed29 SB NO. 88
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by the certifying officer in accordance with the forms' instructions and1
applicable rules and regulations.2
(2) The victim or possible victim of human trafficking may choose which3
form to have the certifying officer complete.4
§2163. Civil cause of action for victims of human trafficking5
An individual who is a victim of human trafficking shall have a civil6
cause of action in district court for injunctive relief and to recover actual7
damages, compensatory damages, punitive damages, and for any other8
appropriate relief. A prevailing plaintiff shall also be awarded court costs and9
attorney fees. Treble damages shall be awarded on proof of actual damages10
where the defendant's actions were willful and malicious.11
Section 5. Chapter 20 of Title VI of the Louisiana Children's Code, comprised of12
Articles 725 to 725.3, and Articles 728(6), 730(12), 804(9), and 839(D) are hereby enacted13
to read as follows:14
CHAPTER 20. SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN15
Art. 725. Findings and purpose16
The legislature finds that arresting, prosecuting, and incarcerating17
victimized children serves to re-traumatize them and to increase their feelings18
of low-self esteem, which only makes the process of recovery more difficult.19
Both federal and international law recognize that sexually exploited children20
are the victims of crime and should be treated as such. Therefore, sexually21
exploited children should not be prosecuted for criminal acts related to22
prostitution. Instead, sexually exploited children should, where possible, be23
diverted into services that address the needs of these children outside of the24
justice system. Sexually exploited children deserve the protection of child25
welfare services, including diversion, crisis intervention, counseling, and26
emergency housing services. The purpose of this Chapter is to protect a child27
from further victimization after the child is discovered to be a sexually exploited28
child by ensuring that a child protective response is in place in the state. This29 SB NO. 88
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is to be accomplished by presuming that any child engaged in prostitution,1
prostitution by massage, or crime against nature by solicitation is a victim of sex2
trafficking and providing these children with the appropriate care and services3
where possible. In determining the need for and capacity of services that may4
be provided, the Department of Children and Family Services shall recognize5
that sexually exploited children have separate and distinct service needs6
according to gender, and every effort should be made to ensure these children7
are not prosecuted or treated as juvenile delinquents, but instead are given the8
appropriate social services.9
Art. 725.1. Definitions10
As used in this Chapter, the following terms and phrases shall have the11
following meaning, unless the context requires otherwise:12
(1) "Department" means the Department of Children and Family13
Services.14
(2) "Safe house" means a residential facility operated by an authorized15
agency, including a nonprofit agency, with experience in providing services to16
sexually exploited children and approved by the department to provide shelter17
for sexually exploited children.18
(3) "Sexually exploited child" means any person under the age of19
eighteen who has been subject to sexual exploitation because the person either:20
(a) Is a victim of trafficking of children for sexual purposes under21
R.S.14:46.3.22
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.23
(c) Engages in an act of prostitution pursuant to R.S.14:82, prostitution24
by massage pursuant to R.S.14:83.3 or 83.4, or a crime against nature by25
solicitation pursuant to R.S.14:89.2.26
Art. 725.2. Safe house for sexually exploited children27
The department may, to the extent funds are available, operate or28
contract with an appropriate non-governmental agency with experience29 SB NO. 88
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working with sexually exploited children to operate one or more safe houses in1
a geographically appropriate area of the state. Each safe house shall provide2
safe and secure housing and specialized services for sexually exploited children.3
Nothing in this Section shall be construed to preclude an agency from applying4
for and accepting grants, gifts, and bequests for funds from private individuals,5
foundations, and the federal government for the purpose of creating or carrying6
out the duties of a safe house for sexually exploited children.7
Art. 725.3. Statewide protocol8
The department shall develop a statewide protocol for helping to9
coordinate the delivery of services to sexually exploited children and shall work10
with court intake officers to ensure that all state, federal, and community-based11
resources for sexually exploited children are known and available to children12
who have been granted diversion under Article 839.13
* * *14
Art. 728. Definitions 15
As used in this Title:16
* * *17
(6) "Sexually exploited child" means any person under the age of18
eighteen who has been subject to sexual exploitation because the person either:19
(a) Is a victim of trafficking of children for sexual purposes under R.S.20
14:46.3.21
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.22
(c) Engages in an act of prostitution pursuant to R.S. 14:82, prostitution23
by massage pursuant to R.S. 14:83.3 or 83.4, or a crime against nature by24
solicitation pursuant to R.S. 14:89.2.25
* * *26
Art. 730. Grounds27
Allegations that a family is in need of services must assert whether the child28
is currently under the supervision of any state or local entity including, but not29 SB NO. 88
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limited to, the Department of Children and Family Services or the Department of1
Public Safety and Corrections, youth services, the office of juvenile justice, and2
assert one or more of the following grounds:3
* * *4
(12) That a child is a sexually exploited child.5
* * *6
Art. 804. Definitions7
As used in this Title:8
* * *9
(9) "Sexually exploited child" means any person under the age of10
eighteen who has been subject to sexual exploitation because the person:11
(a) Is a victim of trafficking of children for sexual purposes under R.S.12
14:46.3.13
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.14
(c) Engages in an act of prostitution pursuant to R.S. 14:82, prostitution15
by massage pursuant to R.S. 14:83.3 or 83.4, or a crime against nature by16
solicitation pursuant to R.S.14:89.2.17
* * *18
Art. 839. Availability of an informal adjustment agreement19
* * *20
D. Beginning June 1, 2015:21
(1) Where a delinquency petition involves the violation of R.S. 14:8222
(prostitution), R.S. 14:83.3 (prostitution by massage), R.S. 14:83.4 (massage;23
sexual conduct prohibited), or R.S. 14:89.2 (crime against nature by solicitation)24
and it is the respondent's first offense, and the respondent expresses a25
willingness to cooperate and receive specialized services for sexually exploited26
children, a family in need of services petition shall be substituted for the27
delinquency petition and the court may order specialized services for the child.28
(2) If, however, the respondent has previously been found in violation29 SB NO. 88
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of R.S. 14.82, 83.3, 83.4, or 89.2 or expresses a current unwillingness to1
cooperate with specialized services for sexually exploited children, continuing2
with the delinquency proceedings shall be within the court's discretion.3
(3) The specialized services referenced in Paragraph (1) of this4
Subsection may include but is not limited to safe and stable housing;5
comprehensive on-site case management; integrated mental health and chemical6
dependency services, including specialized trauma recovery services; education7
and employment training; and referrals to off-site specialized services, as8
appropriate.9
Section 6. Code of Criminal Procedure Article 930.10 is hereby enacted to read as10
follows:11
Art. 930.10. Motion to set aside prostitution conviction for human trafficking12
victims13
A. A motion to set aside a conviction under this Section may be filed at14
any time following a verdict or judgment of guilty for the offenses of15
prostitution (R.S. 14:82), prostitution by massage (R.S. 14:83.3 or 83.4), or16
crime against nature by solicitation (R.S. 14:89.2) when the defendant's17
participation in the offense was a result of having been a victim of human18
trafficking under R.S. 14:46.2 or a victim of a severe form of trafficking under19
the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).20
B. The motion shall be in writing, describe the supporting evidence with21
particularity, and include copies of any documents showing that the moving22
party is entitled to relief under this Section.23
C. The motion shall not be denied without a contradictory hearing unless24
it appears on the face of the motion that, as a matter of law, the moving party25
is not entitled to the relief sought.26
D. The court shall grant the motion if the court finds by a preponderance27
of the evidence that the violation was a result of the defendant having been a28
victim of human trafficking. Documentation of a person's status as a victim of29 SB NO. 88
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human trafficking provided by a federal, state, or local government agency shall1
create a presumption that the person's conviction was obtained as a result of2
having been a victim of human trafficking. However, such documentation shall3
not be required to grant a motion under this Section.4
E. If the motion is granted, the court shall set aside the conviction and5
expunge the record of the criminal proceedings. The court shall issue an order6
to expunge all records and files related to the moving party's arrest, citation,7
investigation, charge, criminal proceedings, adjudication of guilt, and probation8
for the offense. The court may also provide whatever other relief justice9
requires.10
Section 7. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Present law establishes and provides for the crimes prostitution, prostitution by massage,
massage; sexual conduct prohibited , and crime against nature by solicitation. Proposed law
retains present law and adds that if it is determined, after a reasonable detention for
investigative purposes, that a person suspected of or charged with a violation of any of these
offenses is a person under the age of 18, there shall be a presumption that the person is a
victim of child sex trafficking and should be treated as a child in need of care pursuant to
Ch.C. Art. 606.
Present law provides for the disposition and allocation of forfeited property related to certain
sex crimes, and provides exemptions. Proposed law retains present law and also provides
that where the property to be forfeited is related to human trafficking (R.S. 14:46.2) or
trafficking of children for sexual purposes (R.S. 14:46.3), the proceeds of the public sale or
auction shall be applied first to any restitution granted to the victim, after the costs of the
public sale or auction, court costs, or fees related to seizure and storage have been satisfied.
Any remaining proceeds shall be distributed in the following manner:
(1)25% to the seizing agency or agencies in an equitable manner.
(2)25% to the prosecuting agency.
(3)50% to the Sexually Exploited Children's Special Fund. SB NO. 88
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Proposed law creates in the state treasury the Sexually Exploited Children's Special Fund.
Appropriations by the legislature and all monetary assessments paid and interest accrued on
funds collected as provided below shall be deposited into the fund. Monies in the fund shall
be used for providing services and treatment administered by the Department of Children
and Family Services (DCFS), such as securing residential housing, health services, and
social services, to sexually exploited children. The department may also use the funds for
grants or to provide services for sexually exploited children.
Proposed law requires that any person who is convicted, pleads guilty, or nolo contendere
to an offense involving trafficking of children for sexual purposes (R.S. 14:46.3),
prostitution with persons under seventeen (R.S. 14:82.1), or enticing persons into
prostitution (R.S. 14:86) be ordered to pay a mandatory monetary assessment of $2,000. The
assessment shall be in addition to and not in lieu of, and shall not be used to offset or reduce,
any fine authorized or required by law.
Proposed law requires that a person convicted of a violation of human trafficking (R.S.
14:46.2) or trafficking of children for sexual purposes (R.S. 14:46.3) be ordered to pay
mandatory restitution to the victim, with the proceeds from property forfeited under
proposed law (R.S. 15:539.1) applied first to payment of restitution, after the costs of the
public sale or auction, court costs, or fees related to seizure and storage have been satisfied.
Restitution shall include any of the following:
(1)Costs of medical and psychological treatment.
(2)Costs of necessary transportation and temporary housing.
(3)The greater of (i) the value of the victim's labor as guaranteed under the minimum
wage and overtime provisions of the federal Fair Labor Standards Act; or (ii) the
gross income or value to the defendant of the victim's labor or services or of any
commercial sex acts engaged in by the victim while in the human trafficking
situation.
(4) Return of property, cost of damage to property, or full value of property if destroyed
or damaged beyond repair.
(5)Expenses incurred by a victim and any household members or other family members
in relocating away from the defendant or the defendant's associates including but not
limited to deposits for utilities and telephone service, deposits for rental housing,
temporary lodging and food expenses, clothing, and personal items. Expenses
incurred pursuant to proposed law shall be verified by law enforcement to be
necessary for the personal safety of the victim or household or family members, or
by a mental health treatment provider to be necessary for the emotional well-being
of the victim.
Proposed law provides that for purposes of proposed law, the return of the victim to the
victim's home country or other absence of the victim from the jurisdiction shall not prevent
the victim from receiving restitution.
Proposed law requires that the Peace Officers Training Council (POST) provide mandatory
training for law enforcement agencies in addressing human trafficking with such training to
focus on:
(1)Investigating human trafficking under R.S. 14:46.2.
(2)Investigating trafficking of children for sexual purposes under R.S. 14:46.3 and the
special needs of sexually exploited children.
(3)Methods used in identifying U.S. citizen and foreign national victims of human SB NO. 88
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trafficking, including preliminary interview techniques and appropriate questioning
methods.
(4)Methods of increasing effective collaboration with non-governmental organizations
and other relevant social service organizations in the course of investigating and
prosecuting a human trafficking case.
(5)Methods for protecting the rights of victims of human trafficking, taking into account
the need to consider human rights and the special needs of women victims.
(6)The necessity of treating victims of human trafficking as crime victims rather than
criminals.
(7)Methods for promoting the safety of victims of human trafficking.
Proposed law provides that POST shall seek input and participation of appropriate
non-governmental organizations and other relevant organizations in the preparation and
presentation of the training called for in proposed law.
Proposed law provides that the DCFS, 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 SB NO. 88
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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 DCFS.
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.
Proposed law provides that the legislature finds that arresting, prosecuting, and incarcerating
victimized children serves to re-traumatize them and to increase their feelings of low-self
esteem, which only makes the process of recovery more difficult. Both federal and
international law recognize that sexually exploited children are the victims of crime and
should be treated as such. Therefore, sexually exploited children should not be prosecuted
for criminal acts related to prostitution. Instead, sexually exploited children should, where
possible, be diverted into services that address the needs of these children outside of the
justice system. Sexually exploited children deserve the protection of child welfare services,
including diversion, crisis intervention, counseling, and emergency housing services. The
purpose of proposed law is to protect a child from further victimization after the child is
discovered to be a sexually exploited child by ensuring that a child protective response is in
place in the state. This is to be accomplished by presuming that any child engaged in
prostitution, prostitution by massage, or crime against nature by solicitation is a victim of
sex trafficking and providing these children with the appropriate care and services where
possible. In determining the need for and capacity of services that may be provided, the
DCFS shall recognize that sexually exploited children have separate and distinct service
needs according to gender, and every effort should be made to ensure these children are not
prosecuted or treated as juvenile delinquents, but instead are given the appropriate social
services.
Proposed law defines "safe house" as a residential facility operated by an authorized agency,
including a nonprofit agency, with experience in providing services to sexually exploited
children and approved by DCFS to provide shelter for sexually exploited children.
Also defines a "sexually exploited child" as any person under the age of 18 who has been
subject to sexual exploitation because the person either:
(1)Is a victim of trafficking of children for sexual purposes (R.S.14:46.3).
(2)Is a victim of child sex trafficking under 18 U.S.C. 1591.
(3)Engages in an act of prostitution (R.S.14:82), prostitution by massage (R.S.14:83.3 SB NO. 88
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or 83.4), or a crime against nature by solicitation (R.S.14:89.2).
Proposed law authorizes DCFS, to the extent funds are available, to operate or contract with
an appropriate non-governmental agency with experience working with sexually exploited
children to operate one or more safe houses in a geographically appropriate area of the state.
Each safe house shall provide safe and secure housing and specialized services for sexually
exploited children. Proposed law does not preclude an agency from applying for and
accepting grants, gifts, and bequests for funds from private individuals, foundations, and the
federal government for the purpose of creating or carrying out the duties of a safe house for
sexually exploited children.
Proposed law requires that DCFS develop a statewide protocol for helping to coordinate the
delivery of services to sexually exploited children and shall work with court intake officers
to ensure that all state, federal, and community- based resources for sexually exploited
children are known and available to children who have been granted diversion under Ch.C.
Art. 839.
Proposed law for the purposes of Children's Code provisions relative to family in need of
services and delinquency defines "sexually exploited child" means any person under the age
of 18 who has been subject to sexual exploitation because the person either:
(1)Is a victim of trafficking of children for sexual purposes (R.S. 14:46.3).
(2)Is a victim of child sex trafficking under 18 U.S.C. 1591.
(3)Engages in an act of prostitution (R.S. 14:82), prostitution by massage (R.S. 14:83.3
or 83.4), or a crime against nature by solicitation (R.S. 14:89.2).
Proposed law adds that a child is a sexually exploited child as an additional ground that may
be asserted with allegations that a family is in need of services in addition to whether the
child is currently under the supervision of any state or local entity including but not limited
to the DCFS or the Department of Public Safety and Corrections, youth services, the office
of juvenile justice.
Present law provides, relative to delinquency, prior to the filing of a petition, the district
attorney or the court with the consent of the district attorney may authorize an informal
adjustment agreement. Further provides that after the filing of a petition but before the
attachment of jeopardy, the court may authorize the district attorney or probation officer to
effect an informal adjustment agreement if the child and district attorney have no objection.
The court may, with concurrence of the district attorney, dismiss the petition or allow the
petition to remain pending during the period of informal adjustment. When entering an
informal adjustment agreement, the court may, with concurrence of the district attorney,
utilize or initiate a teen or youth court program and may assess a fee to a participant in the
program to offset costs.
Proposed law retains present law and further provides that beginning June 1, 2015:
(1)Where a delinquency petition involves the violation of R.S. 14:82 (prostitution), R.S.
14:83.3 (prostitution by massage), R.S. 14:83.4 (massage; sexual conduct
prohibited), or R.S. 14:89.2 (crime against nature by solicitation) and it is the
respondent's first offense, and the respondent expresses a willingness to cooperate
and receive specialized services for sexually exploited children, a family in need of
services petition shall be substituted for the delinquency petition and the court may
order specialized services for the child.
(2)If, however, the respondent has previously been found in violation of R.S. 14:82,
83.3, 83.4, or 89.2 or expresses a current unwillingness to cooperate with specialized
services for sexually exploited children, continuing with the delinquency proceedings SB NO. 88
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shall be within the court's discretion.
(3)The specialized services referenced in (1) may include but is not limited to safe and
stable housing; comprehensive on-site case management; integrated mental health
and chemical dependency services, including specialized trauma recovery services;
education and employment training; and referrals to off-site specialized services, as
appropriate.
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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:82(H), 83.3(E), 83.4(D), and 89.2(E), R.S. 15:539.1(E), 539.2, and 539.3,
R.S. 40:2406.1, R.S. 46:2161-2163, Ch.C. Arts. 725-725.3, 728(6), 730(12), 804(9), and
839(D) and C.Cr.P. Art. 930.10)