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Regular Session, 2013
SENATE BILL NO. 88
BY SENATORS BROOME, ADLEY, DORSEY-COLOMB, GUILLORY, KOSTELKA,
MILLS, PERRY AND WHITE
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. 15:539.1(E), 539.2, and 539.3, R.S. 40:2406.1, Chapter 28-B of Title 46 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:2161 through 2163,3
Chapter 20 of Title VI of the Louisiana Children's Code, comprised of Articles 7254
to 725.3, Louisiana Children's Code Arts. 728(6), 730(12), 804(9), and 839(D) and5
Code of Criminal Procedure Art. 930.10, relative to human trafficking; to provide6
for certain presumptions concerning children that are victims of child sex trafficking;7
to provide for restitution to victims; to establish and provide for a special fund in the8
state treasury; to provide for law enforcement human trafficking training; to provide9
for human trafficking victims service plans; to provide a civil cause of action for10
victims of human trafficking; to provide a safe harbor program for sexually exploited11
children; to provide for a statewide protocol; to provide alternate procedures to12
delinquency proceedings to children involved in the violation of certain sex offenses;13
to provide procedures by which certain convictions for prostitution related to victims14
of human trafficking may be set aside and expunged; to provide relative to services15
and remedies available to victims of human trafficking under certain circumstances;16
and to provide for related matters.17 SB NO. 88
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 15:539.1(E), 539.2, and 539.3 are hereby enacted to read as follows:2
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation3
of forfeited property4
* * *5
E. Notwithstanding the foregoing, where the property to be forfeited is6
related to human trafficking under R.S. 14:46.2 or trafficking of children for7
sexual purposes under R.S. 14:46.3, the proceeds of the public sale or public8
auction shall be applied first to any restitution granted to the victim, after the9
costs of the public sale or auction, court costs, or fees related to seizure and10
storage have been satisfied. Any remaining proceeds shall be distributed in the11
following manner:12
(1) Twenty-five percent to the seizing agency or agencies in an equitable13
manner.14
(2) Twenty-five percent to the prosecuting agency.15
(3) Fifty percent to the Sexually Exploited Children's Special Fund16
pursuant to R.S. 15:539.2. 17
§539.2. Sexually Exploited Children's Special Fund18
A. Any person who is convicted, pleads guilty, or nolo contendere to an19
offense involving trafficking of children for sexual purposes under R.S. 14:46.3,20
prostitution with persons under seventeen under R.S. 14:82.1, or enticing21
persons into prostitution under R.S. 14:86 shall be ordered to pay a mandatory22
monetary assessment of two thousand dollars. Notwithstanding any law to the23
contrary, the assessments provided by this Section shall be in addition to and24
not in lieu of, and shall not be used to offset or reduce, any fine authorized or25
required by law.26
B. There is established in the state treasury the Sexually Exploited27
Children's Special Fund, hereinafter referred to as the "fund". Appropriations28
by the legislature and all monetary assessments paid and interest accrued on29 SB NO. 88
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funds collected pursuant to Subsection A shall be deposited into the fund.1
Monies in the fund shall be used for the provision of services and treatment2
administered by the Department of Children and Family Services, such as3
securing residential housing, health services, and social services, to sexually4
exploited children. The department may also use the funds for grants or to5
provide services for sexually exploited children.6
§539.3 Mandatory restitution7
A. A person convicted of a violation of R.S. 14:46.2 (human trafficking)8
or R.S. 14:46.3 (trafficking of children for sexual purposes) shall be ordered to9
pay mandatory restitution to the victim, with the proceeds from property10
forfeited under R.S. 15:539.1 applied first to payment of restitution, after the11
costs of the public sale or auction, court costs, or fees related to seizure and12
storage have been satisfied. Restitution under this Section shall include any of13
the following:14
(1) Costs of medical and psychological treatment.15
(2) Costs of necessary transportation and temporary housing.16
(3) The greater of (i) the value of the victim's labor as guaranteed under17
the minimum wage and overtime provisions of the federal Fair Labor Standards18
Act; or (ii) the gross income or value to the defendant of the victim's labor or19
services or of any commercial sex acts engaged in by the victim while in the20
human trafficking situation.21
(4) Return of property, cost of damage to property, or full value of22
property if destroyed or damaged beyond repair.23
(5) Expenses incurred by a victim and any household members or other24
family members in relocating away from the defendant or the defendant's25
associates, including but not limited to deposits for utilities and telephone26
service, deposits for rental housing, temporary lodging and food expenses,27
clothing, and personal items. Expenses incurred pursuant to this Section shall28
be verified by law enforcement to be necessary for the personal safety of the29 SB NO. 88
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victim or household or family members, or by a mental health treatment1
provider to be necessary for the emotional well-being of the victim.2
B. For purposes of this Section, the return of the victim to the victim's3
home country or other absence of the victim from the jurisdiction shall not4
prevent the victim from receiving restitution.5
Section 2. R.S. 40:2406.1 is hereby enacted to read as follows:6
§2406.1. Human trafficking training7
A. The council shall provide mandatory training for law enforcement8
agencies in addressing human trafficking.9
B. Such training shall focus on all of the following:10
(1) Investigating human trafficking under R.S. 14:46.2.11
(2) Investigating trafficking of children for sexual purposes under R.S.12
14:46.3 and the special needs of sexually exploited children.13
(3) Methods used in identifying United States citizen and foreign national14
victims of human trafficking, including preliminary interview techniques and15
appropriate questioning methods.16
(4) Methods of increasing effective collaboration with non-governmental17
organizations and other relevant social service organizations in the course of18
investigating and prosecuting a human trafficking case.19
(5) Methods for protecting the rights of victims of human trafficking,20
taking into account the need to consider human rights and the special needs of21
women victims.22
(6) The necessity of treating victims of human trafficking as crime23
victims rather than criminals.24
(7) Methods for promoting the safety of victims of human trafficking.25
C. The council shall seek input and participation of appropriate26
non-governmental organizations and other relevant organizations in the27
preparation and presentation of training called for in this Section. 28
Section 3. Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950,29 SB NO. 88
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comprised of R.S. 46:2161 through 2163, is hereby enacted to read as follows:1
CHAPTER 28-B. HUMAN TRAFFICKING VICTIMS2
§2161. Human trafficking victims services plan3
A. With respect to children found to be victims of human trafficking, the4
Department of Children and Family Services, in conjunction with the5
Department of Health and Hospitals, shall develop a plan for the delivery of6
services to victims of human trafficking. Such plan shall include provisions for:7
(1) Identifying victims of human trafficking in Louisiana.8
(2) Assisting victims of human trafficking with applying for federal and9
state benefits and services to which they may be entitled.10
(3) Coordinating the delivery of health, mental health, housing,11
education, job training, child care, victims' compensation, legal, and other12
services to victims of human trafficking.13
(4) Preparing and disseminating educational and training programs and14
materials to increase awareness of human trafficking and services available to15
victims of human trafficking among local departments of social services, public16
and private agencies and service providers, and the public.17
(5) Referring child victims to the appropriate community-based services18
for victims of human trafficking.19
(6) Assisting victims of human trafficking with family reunification or20
return to their place of origin, if the victims so desire.21
B. In developing the plan, the departments shall work together with such22
other state and federal agencies, public and private entities, and other23
stakeholders as they shall deem appropriate.24
§2162. Assistance to victims of human trafficking25
A. Classification of victims of human trafficking. As soon as practicable26
after the initial encounter with a person who reasonably appears to a law27
enforcement agency, a district attorney's office, or the office of the attorney28
general to be a victim of human trafficking, such agency or office shall:29 SB NO. 88
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(1) Notify the Crime Victims Services Bureau of the Department of1
Public Safety and Corrections that such person may be eligible for services2
under this Chapter.3
(2) Make a preliminary assessment of whether such victim or possible4
victim of human trafficking appears to meet the criteria for certification as a5
victim of a severe form of trafficking in persons as defined in the federal6
Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.) or appears to be7
otherwise eligible for any federal, state, or local benefits and services.8
(a) If it is determined that the victim or possible victim appears to meet9
such criteria, then the agency or office shall report the finding to the victim and10
shall refer the child victim to appropriate services available, including legal11
services providers.12
(b) If the victim or possible victim is under the age of eighteen or is a13
vulnerable adult, the agency or office shall also notify the appropriate protective14
service agency.15
B. Law enforcement assistance with respect to immigration.16
(1) After the agency or office makes a preliminary assessment pursuant17
to Paragraph (A)(2) of this Section that a victim or possible victim of human18
trafficking appears to meet the criteria for certification as a victim of a severe19
form of trafficking in persons as defined in the federal Trafficking Victims20
Protection Act, and upon the request of such victim, the agency or office shall21
provide the victim or possible victim of human trafficking with a completed and22
executed United States Citizenship and Immigration Services (USCIS) Form23
I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of24
Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U25
Nonimmigrant Status Certification, or both. These forms shall be completed26
by the certifying officer in accordance with the forms' instructions and27
applicable rules and regulations.28
(2) The victim or possible victim of human trafficking may choose which29 SB NO. 88
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form to have the certifying officer complete.1
§2163. Civil cause of action for victims of human trafficking2
An individual who is a victim of human trafficking shall have a civil3
cause of action in district court for injunctive relief and to recover actual4
damages, compensatory damages, punitive damages, and for any other5
appropriate relief. A prevailing plaintiff shall also be awarded court costs and6
attorney fees. Treble damages shall be awarded on proof of actual damages7
where the defendant's actions were willful and malicious.8
Section 4. Chapter 20 of Title VI of the Louisiana Children's Code, comprised of9
Articles 725 to 725.3, and Articles 728(6), 730(12), 804(9), and 839(D) are hereby enacted10
to read as follows:11
CHAPTER 20. SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN12
Art. 725. Findings and purpose13
The legislature finds that arresting, prosecuting, and incarcerating14
victimized children serves to re-traumatize them and to increase their feelings15
of low-self esteem, which only makes the process of recovery more difficult.16
Both federal and international law recognize that sexually exploited children17
are the victims of crime and should be treated as such. Therefore, sexually18
exploited children should not be prosecuted for criminal acts related to19
prostitution. Instead, sexually exploited children should, where possible, be20
diverted into services that address the needs of these children outside of the21
justice system. Sexually exploited children deserve the protection of child22
welfare services, including diversion, crisis intervention, counseling, and23
emergency housing services. The purpose of this Chapter is to protect a child24
from further victimization after the child is discovered to be a sexually exploited25
child by ensuring that a child protective response is in place in the state. This26
is to be accomplished by presuming that any child engaged in prostitution,27
prostitution by massage, or crime against nature by solicitation is a victim of sex28
trafficking and providing these children with the appropriate care and services29 SB NO. 88
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where possible. In determining the need for and capacity of services that may1
be provided, the Department of Children and Family Services shall recognize2
that sexually exploited children have separate and distinct service needs3
according to gender, and every effort should be made to ensure these children4
are not prosecuted or treated as juvenile delinquents, but instead are given the5
appropriate social services.6
Art. 725.1. Definitions7
As used in this Chapter, the following terms and phrases shall have the8
following meaning, unless the context requires otherwise:9
(1) "Department" means the Department of Public Safety and10
Corrections, office of juvenile justice.11
(2) "Safe house" means a residential facility operated by an authorized12
agency, including a nonprofit agency, with experience in providing services to13
sexually exploited children and approved by the department to provide shelter14
for sexually exploited children.15
(3) "Sexually exploited child" means any person under the age of16
eighteen who has been subject to sexual exploitation because the person either:17
(a) Is a victim of trafficking of children for sexual purposes under18
R.S.14:46.3.19
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.20
(c) Engages in an act of prostitution pursuant to R.S.14:82, prostitution21
by massage pursuant to R.S.14:83.3 or 83.4, or a crime against nature by22
solicitation pursuant to R.S.14:89.2.23
Art. 725.2. Safe house for sexually exploited children24
The department may, to the extent funds are available, operate or25
contract with an appropriate non-governmental agency with experience26
working with sexually exploited children to operate one or more safe houses in27
a geographically appropriate area of the state. Each safe house shall provide28
safe and secure housing and specialized services for sexually exploited children.29 SB NO. 88
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Nothing in this Section shall be construed to preclude an agency from applying1
for and accepting grants, gifts, and bequests for funds from private individuals,2
foundations, and the federal government for the purpose of creating or carrying3
out the duties of a safe house for sexually exploited children.4
Art. 725.3. Statewide protocol5
The department shall develop a statewide protocol for helping to6
coordinate the delivery of services to sexually exploited children and shall work7
with court intake officers to ensure that all state, federal, and community-based8
resources for sexually exploited children are known and available to children9
who have been granted diversion under Article 839.10
* * *11
Art. 728. Definitions 12
As used in this Title:13
* * *14
(6) "Sexually exploited child" means any person under the age of15
eighteen who has been subject to sexual exploitation because the person either:16
(a) Is a victim of trafficking of children for sexual purposes under R.S.17
14:46.3.18
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.19
(c) Engages in an act of prostitution pursuant to R.S. 14:82, prostitution20
by massage pursuant to R.S. 14:83.3 or 83.4, or a crime against nature by21
solicitation pursuant to R.S. 14:89.2.22
* * *23
Art. 730. Grounds24
Allegations that a family is in need of services must assert whether the child25
is currently under the supervision of any state or local entity including, but not26
limited to, the Department of Children and Family Services or the Department of27
Public Safety and Corrections, youth services, the office of juvenile justice, and28
assert one or more of the following grounds:29 SB NO. 88
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* * *1
(12) That a child is a sexually exploited child.2
* * *3
Art. 804. Definitions4
As used in this Title:5
* * *6
(9) "Sexually exploited child" means any person under the age of7
eighteen who has been subject to sexual exploitation because the person:8
(a) Is a victim of trafficking of children for sexual purposes under R.S.9
14:46.3.10
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.11
(c) Engages in an act of prostitution pursuant to R.S. 14:82, prostitution12
by massage pursuant to R.S. 14:83.3 or 83.4, or a crime against nature by13
solicitation pursuant to R.S.14:89.2.14
* * *15
Art. 839. Availability of an informal adjustment agreement16
* * *17
D. Beginning June 1, 2015:18
(1) Where a delinquency petition involves the violation of R.S. 14:8219
(prostitution), R.S. 14:83.3 (prostitution by massage), R.S. 14:83.4 (massage;20
sexual conduct prohibited), or R.S. 14:89.2 (crime against nature by solicitation)21
and it is the respondent's first offense, and the respondent expresses a22
willingness to cooperate and receive specialized services for sexually exploited23
children, a family in need of services petition shall be substituted for the24
delinquency petition and the court may order specialized services for the child.25
(2) If, however, the respondent has previously been found in violation26
of R.S. 14.82, 83.3, 83.4, or 89.2 or expresses a current unwillingness to27
cooperate with specialized services for sexually exploited children, continuing28
with the delinquency proceedings shall be within the court's discretion.29 SB NO. 88
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(3) The specialized services referenced in Paragraph (1) of this1
Subsection may include but is not limited to safe and stable housing;2
comprehensive on-site case management; integrated mental health and chemical3
dependency services, including specialized trauma recovery services; education4
and employment training; and referrals to off-site specialized services, as5
appropriate.6
Section 5. Code of Criminal Procedure Article 930.10 is hereby enacted to read as7
follows:8
Art. 930.10. Motion to set aside prostitution conviction for human trafficking9
victims10
A. A motion to set aside a conviction under this Section may be filed at11
any time following a verdict or judgment of guilty for the offenses of12
prostitution (R.S. 14:82), prostitution by massage (R.S. 14:83.3 or 83.4), or13
crime against nature by solicitation (R.S. 14:89.2) when the defendant's14
participation in the offense was a result of having been a victim of human15
trafficking under R.S. 14:46.2 or a victim of a severe form of trafficking under16
the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).17
B. The motion shall be in writing, describe the supporting evidence with18
particularity, and include copies of any documents showing that the moving19
party is entitled to relief under this Section.20
C. The motion shall not be denied without a contradictory hearing unless21
it appears on the face of the motion that, as a matter of law, the moving party22
is not entitled to the relief sought.23
D. The court shall grant the motion if the court finds by a preponderance24
of the evidence that the violation was a result of the defendant having been a25
victim of human trafficking. Documentation of a person's status as a victim of26
human trafficking provided by a federal, state, or local government agency shall27
create a presumption that the person's conviction was obtained as a result of28
having been a victim of human trafficking. However, such documentation shall29 SB NO. 88
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not be required to grant a motion under this Section.1
E. If the motion is granted, the court shall set aside the conviction and2
expunge the record of the criminal proceedings. The court shall issue an order3
to expunge all records and files related to the moving party's arrest, citation,4
investigation, charge, criminal proceedings, adjudication of guilt, and probation5
for the offense. The court may also provide whatever other relief justice6
requires.7
Section 6. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alden A. Clement, Jr.
DIGEST
Broome (SB 88)
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.
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 SB NO. 88
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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 public 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
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. SB NO. 88
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(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 with respect to children found to be victims of human trafficking,
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
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
child victim to appropriate 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, SB NO. 88
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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 "department" for purposes of certain provisions of proposed law as the
Dept. of Public Safety and Corrections, office of juvenile justice.
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
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. SB NO. 88
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words in boldface type and underscored are additions.
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
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 SB NO. 88
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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. 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete proposed law provisions relative to certain crimes and the
presumption that a person charged with those crimes who is under the age of
18 is a victim of child sex trafficking.
2. Clarify that proposed law reference to "auction" is to "public auction."
3. Clarify that plan to be developed by DCFS is with respect to children found
to be victims of human trafficking.
4. Clarifies that certain references to "victim" are to a "child victim."
5 .Changes definition of "department" in certain provisions of proposed law
from DCFS to Dept. of Public Safety and Corrections, office of juvenile
justice.