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Regular Session, 2013 ENROLLED
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
AND REPRESENTATIVE S ABRAMSON, BARROW, WESL EY
BISHOP, BROSSETT, BROWN, CARMODY, CHAMPAGNE, COX,
HAVARD, HAZEL, HILL, HUNTER, JOHNSON, MORENO,
ORTEGO AND POPE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 Children's Code, comprised of Articles 725 to 725.3, Children's4
Code Arts. 728(6), 804(9), 839(D), and 923, relative to human trafficking; to provide5
for certain presumptions concerning children that are victims of child sex trafficking;6
to provide for restitution to victims; to establish and provide for a special fund in the7
state treasury; to provide for human trafficking victims service plans; to provide a8
civil cause of action for victims of human trafficking; to provide a safe harbor9
program for sexually exploited children; to provide for a statewide protocol; to10
provide procedures by which certain convictions for prostitution related to victims11
of human trafficking may be set aside and expunged; to provide relative to services12
and remedies available to victims of human trafficking under certain circumstances;13
to provide with respect to informal adjustment agreements; and to provide for related14
matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 15:539.1(E), 539.2, and 539.3 are hereby enacted to read as follows:17
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation18
of forfeited property19
* * *20
E. Notwithstanding Subsection D of this Section, when the property to21
be forfeited is related to human trafficking under R.S. 14:46.2 or trafficking of22 SB NO. 88 ENROLLED
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children for sexual purposes under R.S. 14:46.3, the proceeds of the public sale1
or public auction shall be applied first to any restitution granted to the victim,2
after the costs of the public sale or auction, court costs, and fees related to3
seizure and storage have been satisfied. Any remaining proceeds shall be4
distributed in the following manner:5
(1) Twenty-five percent to the seizing agency or agencies allocated6
among the seizing agencies in proportion to their participation in the7
management of the investigation, seizure, and forfeiture.8
(2) Twenty-five percent to the prosecuting agency.9
(3) Fifty percent to the Exploited Children's Special Fund pursuant to10
R.S. 15:539.2. 11
§539.2. Exploited Children's Special Fund12
A. Any person who is convicted or pleads guilty or nolo contendere to13
an offense involving trafficking of children for sexual purposes under R.S.14
14:46.3, prostitution with persons under seventeen under R.S. 14:82.1, or15
enticing persons into prostitution under R.S. 14:86 shall be ordered to pay a16
mandatory monetary assessment of two thousand dollars. Notwithstanding any17
law to the contrary, the assessments provided by this Section shall be in addition18
to and not in lieu of, and shall not be used to offset or reduce, any fine19
authorized or required by law. If the court finds that the offender is indigent20
and therefore unable to pay the mandatory assessment at the time of conviction,21
the court shall order a periodic payment plan consistent with the person's22
financial ability.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
by the full faith and credit of the state which become due and payable within30 SB NO. 88 ENROLLED
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any fiscal year, the treasurer shall pay the remainder of such monies into the1
fund. Subject to appropriation by the legislature, monies in the fund shall be2
used for the provision of services and treatment administered by the3
Department of Children and Family Services, such as securing residential4
housing, health services, and social services, to sexually exploited children. The5
department may also use the funds for grants or to provide services for sexually6
exploited children.7
§539.3 Mandatory restitution8
A. A person convicted of a violation of R.S. 14:46.2 (human trafficking)9
or R.S. 14:46.3 (trafficking of children for sexual purposes) shall be ordered to10
pay mandatory restitution to the victim, with the proceeds from property11
forfeited under R.S. 15:539.1 applied first to payment of restitution, after the12
costs of the public sale or auction, court costs, and fees related to seizure and13
storage have been satisfied. Restitution under this Section shall include any of14
the following:15
(1) Costs of medical and psychological treatment.16
(2) Costs of necessary transportation and temporary housing.17
(3) The greater of (a) the value of the victim's labor as guaranteed under18
the minimum wage and overtime provisions of the federal Fair Labor Standards19
Act; or (b) the gross income or value to the defendant of the victim's labor or20
services engaged in by the victim while in the human trafficking situation. In21
the case of sex trafficking, the victim shall be entitled to restitution for the22
income he would have earned, had he not been victimized, as guaranteed under23
the minimum wage and overtime provisions of the federal Fair Labor Standards24
Act.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 the victim and any household members or28
other family members in relocating away from the defendant or the defendant's29
associates, including but not limited to deposits for utilities and telephone30 SB NO. 88 ENROLLED
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service, deposits for rental housing, temporary lodging and food expenses,1
clothing, and personal items. Expenses incurred pursuant to this Section shall2
be verified by law enforcement to be necessary for the personal safety of the3
victim or household or family members, or by a mental health treatment4
provider to be necessary for the emotional well-being of the victim.5
B. For purposes of this Section, the return of the victim to the victim's6
home country or other absence of the victim from the jurisdiction shall not7
prevent the victim from receiving restitution.8
Section 2. Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 46:2161 through 2163, is hereby enacted to read as follows:10
CHAPTER 28-B. HUMAN TRAFFICKING VICTIMS11
§2161. Human trafficking victims services plan12
A. With respect to children found to be victims of human trafficking, the13
Department of Children and Family Services, in conjunction with the14
Department of Health and Hospitals, shall develop a plan for the delivery of15
services to victims of human trafficking. Such plan shall include provisions for:16
(1) Identifying victims of human trafficking in Louisiana.17
(2) Assisting victims of human trafficking with applying for federal and18
state benefits and services to which they may be entitled.19
(3) Coordinating the delivery of health, mental health, housing,20
education, job training, child care, victims' compensation, legal, and other21
services to victims of human trafficking.22
(4) Preparing and disseminating educational and training programs and23
materials to increase awareness of human trafficking and services available to24
victims of human trafficking among local departments of social services, public25
and private agencies and service providers, and the public.26
(5) Referring child victims to the appropriate community-based services27
for victims of human trafficking.28
(6) Assisting victims of human trafficking with family reunification or29
return to their place of origin, if the victims so desire.30 SB NO. 88 ENROLLED
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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 as defined in the federal Trafficking14
Victims Protection Act (22 U.S.C. 7101 et seq.) or appears to be otherwise15
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 an21
adult in need of protective services pursuant to the provisions of the Adult22
Protective Services Act, the agency or office shall also notify the appropriate23
protective service agency.24
B. Law enforcement assistance with respect to immigration.25
(1) After the agency or office makes a preliminary assessment pursuant26
to Paragraph (A)(2) of this Section that a victim or possible victim of human27
trafficking appears to meet the criteria for certification as a victim of a severe28
form of trafficking as defined in the federal Trafficking Victims Protection Act,29
and upon the request of such victim, the agency or office shall provide the30 SB NO. 88 ENROLLED
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victim or possible victim of human trafficking with a completed and executed1
United States Citizenship and Immigration Services (USCIS) Form I-914,2
Supplement B, Declaration of Law Enforcement Officer for Victim of Human3
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 Children's Code, comprised of Articles 72517
to 725.3, and Articles 728(6), 804(9), 839(D) and 923 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
welfare services, including diversion, crisis intervention, counseling, and30 SB NO. 88 ENROLLED
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emergency housing services. The purpose of this Chapter is to protect a child1
from further victimization after the child is discovered to be a sexually exploited2
child by ensuring that a child protective response is in place in the state. This3
is to be accomplished by presuming that any child engaged in prostitution,4
prostitution by massage, or crime against nature by solicitation is a victim of sex5
trafficking and providing these children with the appropriate care and services6
where possible. In determining the need for and capacity of services that may7
be provided, the Department of Children and Family Services shall recognize8
that sexually exploited children have separate and distinct service needs9
according to gender, and every effort should be made to ensure these children10
are not prosecuted or treated as juvenile delinquents, but instead are given the11
appropriate social services.12
Art. 725.1. Definitions13
As used in this Chapter, the following terms and phrases shall have the14
following meaning, unless the context requires otherwise:15
(1) "Department" means the Department of Public Safety and16
Corrections, office of juvenile justice.17
(2) "Safe house" means a residential facility operated by an authorized18
agency, including a nonprofit agency, with experience in providing services to19
sexually exploited children and approved by the department to provide shelter20
for sexually exploited children.21
(3) "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 under24
R.S.14:46.3.25
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.26
Art. 725.2. Safe house for sexually exploited children27
The department may, to the extent funds are available, operate or28
contract with an appropriate nongovernmental agency with experience working29
with sexually exploited children to operate one or more safe houses in a30 SB NO. 88 ENROLLED
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geographically appropriate area of the state. Each safe house shall provide safe1
and secure housing and specialized services for sexually exploited children.2
Nothing in this Section shall be construed to preclude an agency from applying3
for and accepting grants, gifts, and bequests for funds from private individuals,4
foundations, and the federal government for the purpose of creating or carrying5
out the duties of a safe house for sexually exploited children.6
Art. 725.3. Statewide protocol7
The department shall develop a statewide protocol for helping to8
coordinate the delivery of services to sexually exploited children and shall work9
with court intake officers to ensure that all state, federal, and community-based10
resources for sexually exploited children are known and available to children11
who have been granted diversion under Article 839.12
* * *13
Art. 728. Definitions 14
As used in this Title:15
* * *16
(6) "Sexually exploited child" means any person under the age of17
eighteen who has been subject to sexual exploitation because the person either:18
(a) Is a victim of trafficking of children for sexual purposes under R.S.19
14:46.3.20
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.21
* * *22
Art. 804. Definitions23
As used in this Title:24
* * *25
(9) "Sexually exploited child" means any person under the age of26
eighteen who has been subject to sexual exploitation because the person:27
(a) Is a victim of trafficking of children for sexual purposes under R.S.28
14:46.3.29
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.30 SB NO. 88 ENROLLED
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* * *1
Art. 839. Availability of an informal adjustment agreement2
* * *3
D.(1) Where a petition involves an allegation of an act of prostitution4
pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or5
83.4, or crimes against nature by solicitation pursuant to R.S. 14:89.2 and it is6
the child's first offense and the child expresses a willingness to cooperate and7
receive specialized services for sexually exploited children, the district attorney8
may effect an informal adjustment agreement which includes specialized9
services for the child.10
(2) If, however, the child has previously been adjudicated a delinquent11
in violation of R.S. 14:82, 83.3, 83.4, or 89.2 or is unwilling to cooperate with12
specialized services for sexually exploited children, continuing with the13
delinquency proceeding shall be within the discretion of the district attorney.14
(3) The specialized services referenced in Paragraph (1) of this15
Subsection may include but are not limited to safe and stable housing,16
comprehensive on-site case management, integrated mental health and chemical17
dependency services, including specialized trauma recovery services, education18
and employment training, and referrals to off-site specialized services, as19
appropriate.20
* * *21
Art. 923. Expungement of adjudications involving human trafficking victims22
A. A motion to set aside an adjudication pursuant to the provisions of23
this Article, may be filed and served upon the district attorney at any time24
following an adjudication of delinquency and completion of the disposition25
relating thereto involving the offenses of prostitution pursuant to R.S. 14:82,26
prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or crime against27
nature by solicitation pursuant to R.S. 14:89.2 when the child's participation in28
the offense was a result of having been a victim of human trafficking under R.S.29
14:46.2 or a victim of a severe form of trafficking under the federal Trafficking30 SB NO. 88 ENROLLED
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Victims Protection Act (22 U.S.C. 7101 et seq.).1
B. The motion shall be in writing, shall describe the supporting evidence2
with particularity, and shall include copies of any documents showing that the3
child is entitled to relief under this Article.4
C. The motion shall not be denied without a contradictory hearing5
unless it appears on the face of the motion that, as a matter of law, the child is6
not entitled to the relief sought.7
D. The court shall grant the motion if the court finds by a8
preponderance of the evidence that the violation was a result of the child having9
been a victim of human trafficking. Documentation of a child's status as a10
victim of human trafficking provided by a federal, state, or local government11
agency shall create a presumption that the child's adjudication was obtained as12
a result of having been a victim of human trafficking. However, such13
documentation shall not be required to grant a motion under this Section.14
E. If the motion is granted, the court shall order the expungement of the15
record of the delinquency proceedings including but not limited to all records16
and files related to the child's arrest, citation, investigation, charge, delinquency17
proceedings, adjudication, and probation for the offense.18
Section 4. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: