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Regular Session, 2013
SENATE BILL NO. 88
BY SENATORS BROOME, ADLEY, BUFFINGTON, CHABERT, DONAHUE,
DORSEY-COLOMB, GUILLORY, JOHNS, KOSTELKA, LAFLEUR,
MILLS, MURRAY, PERRY, TARVER, THOMPSON AND WHI TE
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, Chapter 28-B of Title 46 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 46:2161 through 2163, Chapter3
20 of Title VI of the Louisiana Children's Code, comprised of Articles 725 to 725.3,4
Louisiana Children's Code Arts. 728(6), and 804(9), and Code of Criminal Procedure5
Art. 930.10, relative to human trafficking; to provide for certain presumptions6
concerning children that are victims of child sex trafficking; to provide for restitution7
to victims; to establish and provide for a special fund in the state treasury; to provide8
for human trafficking victims service plans; to provide a civil cause of action for9
victims of human trafficking; to provide a safe harbor program for sexually exploited10
children; to provide for a statewide protocol; to provide procedures by which certain11
convictions for prostitution related to victims of human trafficking may be set aside12
and expunged; to provide relative to services and remedies available to victims of13
human trafficking under certain circumstances; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 15:539.1(E), 539.2, and 539.3 are hereby enacted to read as follows:16
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation17 SB NO. 88
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of forfeited property1
* * *2
E. Notwithstanding Subsection D of this Section, when the property to3
be forfeited is related to human trafficking under R.S. 14:46.2 or trafficking of4
children for sexual purposes under R.S. 14:46.3, the proceeds of the public sale5
or public auction shall be applied first to any restitution granted to the victim,6
after the costs of the public sale or auction, court costs, and fees related to7
seizure and storage have been satisfied. Any remaining proceeds shall be8
distributed in the following manner:9
(1) Twenty-five percent to the seizing agency or agencies in an equitable10
manner.11
(2) Twenty-five percent to the prosecuting agency.12
(3) Fifty percent to the Exploited Children's Special Fund pursuant to13
R.S. 15:539.2. 14
§539.2. Exploited Children's Special Fund15
A. Any person who is convicted or pleads guilty or nolo contendere to16
an offense involving trafficking of children for sexual purposes under R.S.17
14:46.3, prostitution with persons under seventeen under R.S. 14:82.1, or18
enticing persons into prostitution under R.S. 14:86 shall be ordered to pay a19
mandatory monetary assessment of two thousand dollars. Notwithstanding any20
law to the contrary, the assessments provided by this Section shall be in addition21
to and not in lieu of, and shall not be used to offset or reduce, any fine22
authorized or required by law.23
B. There is established in the state treasury the Exploited Children's24
Special Fund, hereinafter referred to as the "fund". Appropriations by the25
legislature and all monetary assessments paid and interest accrued on funds26
collected pursuant to Subsection A of this Section shall be deposited into the27
Bond Security and Redemption Fund, and after a sufficient amount is allocated28
from the Bond Security and Redemption Fund to pay all the obligations secured29 SB NO. 88
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by the full faith and credit of the state which become due and payable within1
any fiscal year, the treasurer shall pay the remainder of such monies into the2
fund. Subject to appropriation by the legislature, monies in the fund shall be3
used for the provision of services and treatment administered by the4
Department of Children and Family Services, such as securing residential5
housing, health services, and social services, to sexually exploited children. The6
department may also use the funds for grants or to provide services for sexually7
exploited children.8
§539.3 Mandatory restitution9
A. A person convicted of a violation of R.S. 14:46.2 (human trafficking)10
or R.S. 14:46.3 (trafficking of children for sexual purposes) shall be ordered to11
pay mandatory restitution to the victim, with the proceeds from property12
forfeited under R.S. 15:539.1 applied first to payment of restitution, after the13
costs of the public sale or auction, court costs, and fees related to seizure and14
storage have been satisfied. Restitution under this Section shall include any of15
the following:16
(1) Costs of medical and psychological treatment.17
(2) Costs of necessary transportation and temporary housing.18
(3) The greater of (a) the value of the victim's labor as guaranteed under19
the minimum wage and overtime provisions of the federal Fair Labor Standards20
Act; or (b) the gross income or value to the defendant of the victim's labor or21
services or of any commercial sex acts engaged in by the victim while in the22
human trafficking situation.23
(4) Return of property, cost of damage to property, or full value of24
property if destroyed or damaged beyond repair.25
(5) Expenses incurred by the victim and any household members or26
other family members in relocating away from the defendant or the defendant's27
associates, including but not limited to deposits for utilities and telephone28
service, deposits for rental housing, temporary lodging and food expenses,29 SB NO. 88
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clothing, and personal items. Expenses incurred pursuant to this Section shall1
be verified by law enforcement to be necessary for the personal safety of the2
victim or household or family members, or by a mental health treatment3
provider to be necessary for the emotional well-being of the victim.4
B. For purposes of this Section, the return of the victim to the victim's5
home country or other absence of the victim from the jurisdiction shall not6
prevent the victim from receiving restitution.7
Section 2. Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 46:2161 through 2163, is hereby enacted to read as follows:9
CHAPTER 28-B. HUMAN TRAFFICKING VICTIMS10
§2161. Human trafficking victims services plan11
A. With respect to children found to be victims of human trafficking, the12
Department of Children and Family Services, in conjunction with the13
Department of Health and Hospitals, shall develop a plan for the delivery of14
services to victims of human trafficking. Such plan shall include provisions for:15
(1) Identifying victims of human trafficking in Louisiana.16
(2) Assisting victims of human trafficking with applying for federal and17
state benefits and services to which they may be entitled.18
(3) Coordinating the delivery of health, mental health, housing,19
education, job training, child care, victims' compensation, legal, and other20
services to victims of human trafficking.21
(4) Preparing and disseminating educational and training programs and22
materials to increase awareness of human trafficking and services available to23
victims of human trafficking among local departments of social services, public24
and private agencies and service providers, and the public.25
(5) Referring child victims to the appropriate community-based services26
for victims of human trafficking.27
(6) Assisting victims of human trafficking with family reunification or28
return to their place of origin, if the victims so desire.29 SB NO. 88
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B. In developing the plan, the departments shall work together with1
such other state and federal agencies, public and private entities, and other2
stakeholders as they deem appropriate.3
§2162. Assistance to victims of human trafficking4
A. Classification of victims of human trafficking. As soon as practicable5
after the initial encounter with a person who reasonably appears to a law6
enforcement agency, a district attorney's office, or the office of the attorney7
general to be a victim of human trafficking, such agency or office shall:8
(1) Notify the Crime Victims Services Bureau of the Department of9
Public Safety and Corrections that such person may be eligible for services10
under this Chapter.11
(2) Make a preliminary assessment of whether such victim or possible12
victim of human trafficking appears to meet the criteria for certification as a13
victim of a severe form of trafficking in persons as defined in the federal14
Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.) or appears to be15
otherwise eligible for any federal, state, or local benefits and services.16
(a) If it is determined that the victim or possible victim appears to meet17
such criteria, then the agency or office shall report the finding to the victim and18
shall refer the child victim to appropriate services available, including legal19
services providers.20
(b) If the victim or possible victim is under the age of eighteen or is a21
vulnerable adult, the agency or office shall also notify the appropriate protective22
service agency.23
B. Law enforcement assistance with respect to immigration.24
(1) After the agency or office makes a preliminary assessment pursuant25
to Paragraph (A)(2) of this Section that a victim or possible victim of human26
trafficking appears to meet the criteria for certification as a victim of a severe27
form of trafficking in persons as defined in the federal Trafficking Victims28
Protection Act, and upon the request of such victim, the agency or office shall29 SB NO. 88
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provide the victim or possible victim of human trafficking with a completed and1
executed United States Citizenship and Immigration Services (USCIS) Form2
I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of3
Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U4
Nonimmigrant Status Certification, or both. These forms shall be completed5
by the certifying officer in accordance with the forms' instructions and6
applicable rules and regulations.7
(2) The victim or possible victim of human trafficking may choose which8
form to have the certifying officer complete.9
§2163. Civil cause of action for victims of human trafficking10
An individual who is a victim of human trafficking shall have a civil11
cause of action in district court for injunctive relief and to recover actual12
damages, compensatory damages, punitive damages, and for any other13
appropriate relief. A prevailing plaintiff shall also be awarded court costs and14
attorney fees. Treble damages shall be awarded on proof of actual damages15
where the defendant's actions were willful and malicious.16
Section 3. Chapter 20 of Title VI of the Louisiana Children's Code, comprised of17
Articles 725 to 725.3, and Articles 728(6), and 804(9) are hereby enacted to read as follows:18
CHAPTER 20. SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN19
Art. 725. Findings and purpose20
The legislature finds that arresting, prosecuting, and incarcerating21
victimized children serves to re-traumatize them and to increase their feelings22
of low-self esteem, which only makes the process of recovery more difficult.23
Both federal and international law recognize that sexually exploited children24
are the victims of crime and should be treated as such. Therefore, sexually25
exploited children should not be prosecuted for criminal acts related to26
prostitution. Instead, sexually exploited children should, where possible, be27
diverted into services that address the needs of these children outside of the28
justice system. Sexually exploited children deserve the protection of child29 SB NO. 88
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welfare services, including diversion, crisis intervention, counseling, and1
emergency housing services. The purpose of this Chapter is to protect a child2
from further victimization after the child is discovered to be a sexually exploited3
child by ensuring that a child protective response is in place in the state. This4
is to be accomplished by presuming that any child engaged in prostitution,5
prostitution by massage, or crime against nature by solicitation is a victim of sex6
trafficking and providing these children with the appropriate care and services7
where possible. In determining the need for and capacity of services that may8
be provided, the Department of Children and Family Services shall recognize9
that sexually exploited children have separate and distinct service needs10
according to gender, and every effort should be made to ensure these children11
are not prosecuted or treated as juvenile delinquents, but instead are given the12
appropriate social services.13
Art. 725.1. Definitions14
As used in this Chapter, the following terms and phrases shall have the15
following meaning, unless the context requires otherwise:16
(1) "Department" means the Department of Public Safety and17
Corrections, office of juvenile justice.18
(2) "Safe house" means a residential facility operated by an authorized19
agency, including a nonprofit agency, with experience in providing services to20
sexually exploited children and approved by the department to provide shelter21
for sexually exploited children.22
(3) "Sexually exploited child" means any person under the age of23
eighteen who has been subject to sexual exploitation because the person either:24
(a) Is a victim of trafficking of children for sexual purposes under25
R.S.14:46.3.26
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.27
(c) Engages in an act of prostitution pursuant to R.S.14:82, prostitution28
by massage pursuant to R.S.14:83.3 or 83.4, or a crime against nature by29 SB NO. 88
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solicitation pursuant to R.S.14:89.2.1
Art. 725.2. Safe house for sexually exploited children2
The department may, to the extent funds are available, operate or3
contract with an appropriate nongovernmental agency with experience working4
with sexually exploited children to operate one or more safe houses in a5
geographically appropriate area of the state. Each safe house shall provide safe6
and secure housing and specialized services for sexually exploited children.7
Nothing in this Section shall be construed to preclude an agency from applying8
for and accepting grants, gifts, and bequests for funds from private individuals,9
foundations, and the federal government for the purpose of creating or carrying10
out the duties of a safe house for sexually exploited children.11
Art. 725.3. Statewide protocol12
The department shall develop a statewide protocol for helping to13
coordinate the delivery of services to sexually exploited children and shall work14
with court intake officers to ensure that all state, federal, and community-based15
resources for sexually exploited children are known and available to children16
who have been granted diversion under Article 839.17
* * *18
Art. 728. Definitions 19
As used in this Title:20
* * *21
(6) "Sexually exploited child" means any person under the age of22
eighteen who has been subject to sexual exploitation because the person either:23
(a) Is a victim of trafficking of children for sexual purposes under R.S.24
14:46.3.25
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.26
(c) Engages in an act of prostitution pursuant to R.S. 14:82, prostitution27
by massage pursuant to R.S. 14:83.3 or 83.4, or a crime against nature by28
solicitation pursuant to R.S. 14:89.2.29 SB NO. 88
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* * *1
Art. 804. Definitions2
As used in this Title:3
* * *4
(9) "Sexually exploited child" means any person under the age of5
eighteen who has been subject to sexual exploitation because the person:6
(a) Is a victim of trafficking of children for sexual purposes under R.S.7
14:46.3.8
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.9
(c) Engages in an act of prostitution pursuant to R.S. 14:82, prostitution10
by massage pursuant to R.S. 14:83.3 or 83.4, or a crime against nature by11
solicitation pursuant to R.S.14:89.2.12
* * *13
Section 4. Code of Criminal Procedure Article 930.10 is hereby enacted to read as14
follows:15
Art. 930.10. Motion to set aside prostitution conviction for human trafficking16
victims17
A. With the consent of the district attorney, a motion to set aside a18
conviction under this Section may be filed at any time following a verdict or19
judgment of guilty for the offenses of prostitution (R.S. 14:82), prostitution by20
massage (R.S. 14:83.3 or 83.4), or crime against nature by solicitation (R.S.21
14:89.2) when the defendant's participation in the offense was a result of having22
been a victim of human trafficking under R.S. 14:46.2 or a victim of a severe23
form of trafficking under the federal Trafficking Victims Protection Act (2224
U.S.C. 7101 et seq.).25
B. The motion shall be in writing, describe the supporting evidence with26
particularity, and include copies of any documents showing that the moving27
party is entitled to relief under this Section.28
C. The motion shall not be denied without a contradictory hearing29 SB NO. 88
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unless it appears on the face of the motion that, as a matter of law, the moving1
party is not entitled to the relief sought.2
D. The court shall grant the motion if the court finds by a3
preponderance of the evidence that the violation was a result of the defendant4
having been a victim of human trafficking. Documentation of a person's status5
as a victim of human trafficking provided by a federal, state, or local6
government agency shall create a presumption that the person's conviction was7
obtained as a result of having been a victim of human trafficking. However,8
such documentation shall not be required to grant a motion under this Section.9
E. If the motion is granted, the court shall set aside the conviction and10
expunge the record of the criminal proceedings. The court shall issue an order11
to expunge all records and files related to the moving party's arrest, citation,12
investigation, charge, criminal proceedings, adjudication of guilt, and probation13
for the offense. The court may also provide whatever other relief justice14
requires.15
Section 5. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
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 Ann S. Brown.
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, and 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. SB NO. 88
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(2)25% to the prosecuting agency.
(3)50% to the Exploited Children's Special Fund.
Proposed law creates in the state treasury the 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, after first being deposited
into the Bond Security and Redemption Fund. Subject to appropriation by the legislature,
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 or 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 public auction, court costs, and 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 (a) the value of the victim's labor as guaranteed under the minimum
wage and overtime provisions of the federal Fair Labor Standards Act; or (b) 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 the 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 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. SB NO. 88
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(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,
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 SB NO. 88
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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 nongovernmental 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). SB NO. 88
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(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 provides that with the consent of the district attorney, 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. 15:539.1(E), 539.2, and 539.3, R.S. 46:2161-2163, Ch.C. Arts. 725-725.3,
728(6), and 804(9), 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. SB NO. 88
SLS 13RS-451 RE-REENGROSSED
Page 15 of 15
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Changes name of fund to Exploited Children's Special Fund.
2. Requires monies to be deposited into fund, to first be deposited into Bond
Security and Redemption Fund.
3. Clarifies that monies are taken out of fund, subject to appropriation by the
legislature.
4. Deletes ground that a child is a sexually exploited child to allege that a
family is in need of services.
5. Deletes provisions authorizing the filing of a family in need of services
petition as a substitute for a delinquency petition in certain circumstances.
Senate Floor Amendments to reengrossed bill
1. Deletes the provision requiring the Peace Officers Training Council (POST)
to provide mandatory human trafficking training.
2. Requires consent of the district attorney to file a motion to set aside a
conviction.
3. Technical amendments.