Broome (SB 88) Act No. 429
Prior law provided for the disposition and allocation of forfeited property related to certain
sex crimes, and provides exemptions. New law retains prior 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 allocated among the seizing agencies in
proportion to their participation in the management of the investigation, seizure, and
forfeiture.
(2)25% to the prosecuting agency.
(3)50% to the Exploited Children's Special Fund.
New law creates the Exploited Children's Special Fund. Appropriations by the legislature
and all monetary assessments paid and interest accrued on funds collected as provided in
proposed law shall be deposited into the 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.
New 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. If the court finds that the offender is indigent and therefore unable to pay
the mandatory assessment at the time of conviction, the court shall order a periodic payment
plan consistent with the person's financial ability.
New 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 new 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 costs of medical and psychological treatment, transportation, and housing.
New 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, shall develop a plan for the
delivery of services to victims of human trafficking.
New law provides that in developing the plan, the departments shall work together with such
other state and federal agencies, public and private entities, and other stakeholders as they
deem appropriate.
New 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 an adult in need of protective
services, the agency or office shall also notify the DCFS.
New 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 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 form.
New 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. New 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.
New law defines "department" for purposes of certain provisions of new law as the Dept. of
Public Safety and Corrections, office of juvenile justice.
New 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.
New 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.
New 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.
New law provides that where a petition involves an allegation of an act of prostitution,
prostitution by massage, or crimes against nature by solicitation and it is the child's first
offense and the child expresses a willingness to cooperate and receive specialized services
for sexually exploited children, the district attorney may effect an informal adjustment
agreement which includes specialized services for the child. New law provides that if the
child has previously been adjudicated a delinquent or is unwilling to cooperate with
specialized services for sexually exploited children, continuing with the delinquency
proceeding shall be within the discretion of the district attorney.
New 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.
New law for the purposes of Children's Code provisions relative to family in need of services
and delinquency defines "sexually exploited child" as any person under the age of 18 when
the person has been subject to sexual exploitation because the person is either a victim of
trafficking of children for sexual purposes pursuant to prior law, or is a victim of child sex
trafficking pursuant to existing federal law.
New law provides that with the consent of the district attorney, a motion to set aside an
adjudication of delinquency 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 prior law when the defendant's participation in the offense was a result of
having been a victim of human trafficking or a victim of a severe form of trafficking under
the federal Trafficking Victims Protection Act. New 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.
New law provides that the motion to set aside the adjudication of delinquency 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. New law further
provides that the court shall 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. New
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 shall 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. New law provides that if the motion to set aside the conviction is granted, the court shall 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.
Effective upon signature of the governor (June 24, 2013).
(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), 804(9), 839(D), and 923)