SLS 17RS-108 ENGROSSED
2017 Regular Session
SENATE BILL NO. 41
BY SENATOR JOHNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSES. Provides for the forfeiture of currency related to the commission of
certain sex offenses. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:46.2(B)(4), 46.3(D)(3), 81.1(E)(5)(c) and (d), 82.1(A),
3 (D)(4), and (E), 83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 86(B)(2) and
4 (3), 104(B)(4), 105(B)(4), and 282(B)(4), and R.S. 15:539.1(A), (B)(1), (C), and (E)
5 and 539.2(B)(1), relative to sex offenses; to provide for forfeiture of currency by
6 persons convicted of certain sex offenses; to provide for the disposition and
7 distribution of forfeited currency; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:46.2(B)(4), 46.3(D)(3), 81.1(E)(5)(c) and (d), 82.1(A), (D)(4), and
10 (E), 83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 86(B)(2) and (3), 104(B)(4),
11 105(B)(4), and 282(B)(4) are hereby amended and reenacted to read as follows:
12 §46.2. Human trafficking
13 * * *
14 B. * * *
15 * * *
16 (4)(a) In addition, the court shall order that the personal property used in the
17 commission of the offense, or the proceeds of any such conduct, shall be seized
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1 and impounded, and after conviction, sold at public sale or public auction by the
2 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
3 15:539.1.
4 (b) The personal property made subject to seizure and sale pursuant to
5 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
6 electronic communication devices, computers, computer related equipment, motor
7 vehicles, photographic equipment used to record or create still or moving visual
8 images of the victim that are recorded on paper, film, video tape, disc, or any other
9 type of digital recording media, and currency, instruments, or securities.
10 * * *
11 §46.3. Trafficking of children for sexual purposes
12 * * *
13 D. * * *
14 * * *
15 (3)(a) In addition, the court shall order that the personal property used in the
16 commission of the offense, or the proceeds of any such conduct, shall be seized
17 and impounded, and after conviction, sold at public sale or public auction by the
18 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
19 15:539.1.
20 (b) The personal property made subject to seizure and sale pursuant to
21 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
22 electronic communication devices, computers, computer related equipment, motor
23 vehicles, photographic equipment used to record or create still or moving visual
24 images of the victim that are recorded on paper, film, video tape, disc, or any other
25 type of digital recording media, and currency, instruments, or securities.
26 * * *
27 §81.1. Pornography involving juveniles
28 * * *
29 E. * * *
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1 * * *
2 (5) * * *
3 * * *
4 (c) In addition, the court shall order that the personal property used in the
5 commission of the offense, or the proceeds of any such conduct, shall be seized
6 and impounded, and after conviction, sold at public sale or public auction by the
7 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
8 15:539.1.
9 (d) The personal property made subject to seizure and sale pursuant to
10 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
11 electronic communication devices, computers, computer related equipment, motor
12 vehicles, photographic equipment used to record or create still or moving visual
13 images of the victim that are recorded on paper, film, video tape, disc, or any other
14 type of digital recording media, and currency, instruments, or securities.
15 * * *
16 §82.1. Prostitution; persons under eighteen twenty-one; additional offenses
17 A. It shall be unlawful:
18 (1) For any person over the age of seventeen to engage in sexual intercourse
19 with any person under the age of eighteen twenty-one who is practicing prostitution,
20 and there is an age difference of greater than two years between the two persons.
21 (2) For any parent or tutor of any person under the age of eighteen twenty-
22 one knowingly to consent to the person's entrance or detention in the practice of
23 prostitution.
24 * * *
25 D. * * *
26 * * *
27 (4)(a) In addition, the court shall order that the personal property used in the
28 commission of the offense, or the proceeds of any such conduct, shall be seized
29 and impounded, and after conviction, sold at public sale or public auction by the
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1 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
2 15:539.1.
3 (b) The personal property made subject to seizure and sale pursuant to
4 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
5 electronic communication devices, computers, computer related equipment, motor
6 vehicles, photographic equipment used to record or create still or moving visual
7 images of the victim that are recorded on paper, film, video tape, disc, or any other
8 type of digital recording media, and currency, instruments, or securities.
9 E. It shall not be a defense to prosecution for a violation of this Section that
10 the person practicing prostitution who is believed to be under the age of eighteen
11 twenty-one is actually a law enforcement officer or peace officer acting within the
12 official scope of his duties.
13 * * *
14 §83. Soliciting for prostitutes
15 * * *
16 B. * * *
17 * * *
18 (4)(a) In addition, the court shall order that the personal property used in the
19 commission of the offense, or the proceeds of any such conduct, shall be seized
20 and impounded, and after conviction, sold at public sale or public auction by the
21 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
22 15:539.1.
23 (b) The personal property made subject to seizure and sale pursuant to
24 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
25 electronic communication devices, computers, computer related equipment, motor
26 vehicles, photographic equipment used to record or create still or moving visual
27 images of the victim that are recorded on paper, film, video tape, disc, or any other
28 type of digital recording media, and currency, instruments, or securities.
29 §83.1. Inciting prostitution
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1 * * *
2 B. * * *
3 * * *
4 (4)(a) In addition, the court shall order that the personal property used in the
5 commission of the offense, or the proceeds of any such conduct, shall be seized
6 and impounded, and after conviction, sold at public sale or public auction by the
7 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
8 15:539.1.
9 (b) The personal property made subject to seizure and sale pursuant to
10 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
11 electronic communication devices, computers, computer related equipment, motor
12 vehicles, photographic equipment used to record or create still or moving visual
13 images of the victim that are recorded on paper, film, video tape, disc, or any other
14 type of digital recording media, and currency, instruments, or securities.
15 §83.2. Promoting prostitution
16 * * *
17 B. * * *
18 * * *
19 (4)(a) In addition, the court shall order that the personal property used in the
20 commission of the offense, or the proceeds of any such conduct, shall be seized
21 and impounded, and after conviction, sold at public sale or public auction by the
22 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
23 15:539.1.
24 (b) The personal property made subject to seizure and sale pursuant to
25 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
26 electronic communication devices, computers, computer related equipment, motor
27 vehicles, photographic equipment used to record or create still or moving visual
28 images of the victim that are recorded on paper, film, video tape, disc, or any other
29 type of digital recording media, and currency, instruments, or securities.
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1 * * *
2 §84. Pandering
3 * * *
4 B. * * *
5 * * *
6 (4)(a) In addition, the court shall order that the personal property used in the
7 commission of the offense, or the proceeds of any such conduct, shall be seized
8 and impounded, and after conviction, sold at public sale or public auction by the
9 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
10 15:539.1.
11 (b) The personal property made subject to seizure and sale pursuant to
12 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
13 electronic communication devices, computers, computer related equipment, motor
14 vehicles, photographic equipment used to record or create still or moving visual
15 images of the victim that are recorded on paper, film, video tape, disc, or any other
16 type of digital recording media, and currency, instruments, or securities.
17 §85. Letting premises for prostitution
18 * * *
19 B. * * *
20 * * *
21 (4)(a) In addition, the court shall order that the personal property used in the
22 commission of the offense, or the proceeds of any such conduct, shall be seized
23 and impounded, and after conviction, sold at public sale or public auction by the
24 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
25 15:539.1.
26 (b) The personal property made subject to seizure and sale pursuant to
27 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
28 electronic communication devices, computers, computer related equipment, motor
29 vehicles, photographic equipment used to record or create still or moving visual
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1 images of the victim that are recorded on paper, film, video tape, disc, or any other
2 type of digital recording media, and currency, instruments, or securities.
3 §86. Enticing persons into prostitution
4 * * *
5 B. * * *
6 * * *
7 (2) In addition, the court shall order that the personal property used in the
8 commission of the offense, or the proceeds of any such conduct, shall be seized
9 and impounded, and after conviction, sold at public sale or public auction by the
10 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
11 15:539.1.
12 (3) The personal property made subject to seizure and sale pursuant to
13 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
14 electronic communication devices, computers, computer related equipment, motor
15 vehicles, photographic equipment used to record or create still or moving visual
16 images of the victim that are recorded on paper, film, video tape, disc, or any other
17 type of digital recording media, and currency, instruments, or securities.
18 * * *
19 §104. Keeping a disorderly place
20 * * *
21 B. * * *
22 * * *
23 (4)(a) In addition, the court shall order that the personal property used in the
24 commission of the offense, or the proceeds of any such conduct, shall be seized
25 and impounded, and after conviction, sold at public sale or public auction by the
26 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
27 15:539.1.
28 (b) The personal property made subject to seizure and sale pursuant to
29 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
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1 electronic communication devices, computers, computer related equipment, motor
2 vehicles, photographic equipment used to record or create still or moving visual
3 images of the victim that are recorded on paper, film, video tape, disc, or any other
4 type of digital recording media, and currency, instruments, or securities.
5 §105. Letting a disorderly place
6 * * *
7 B. * * *
8 * * *
9 (4)(a) In addition, the court shall order that the personal property used in the
10 commission of the offense, or the proceeds of any such conduct, shall be seized
11 and impounded, and after conviction, sold at public sale or public auction by the
12 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
13 15:539.1.
14 (b) The personal property made subject to seizure and sale pursuant to
15 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
16 electronic communication devices, computers, computer related equipment, motor
17 vehicles, photographic equipment used to record or create still or moving visual
18 images of the victim that are recorded on paper, film, video tape, disc, or any other
19 type of digital recording media, and currency, instruments, or securities.
20 * * *
21 §282. Operation of places of prostitution prohibited; penalty
22 * * *
23 B. * * *
24 * * *
25 (4)(a) In addition, the court shall order that the personal property used in the
26 commission of the offense, or the proceeds of any such conduct, shall be seized
27 and impounded, and after conviction, sold at public sale or public auction by the
28 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
29 15:539.1.
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1 (b) The personal property made subject to seizure and sale pursuant to
2 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
3 electronic communication devices, computers, computer related equipment, motor
4 vehicles, photographic equipment used to record or create still or moving visual
5 images of the victim that are recorded on paper, film, video tape, disc, or any other
6 type of digital recording media, and currency, instruments, or securities.
7 Section 2. R.S. 15:539.1(A), (B)(1), (C), and (E) and 539.2(B)(1) are hereby
8 amended and reenacted to read as follows:
9 §539.1. Forfeited property related to certain sex crimes; exempt property; allocation
10 of forfeited property
11 A. When personal property is forfeited under the provisions of R.S. 14:40.3
12 (cyberstalking), R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking of
13 children for sexual purposes), R.S. 14:80 (felony carnal knowledge of a juvenile),
14 R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving
15 juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or
16 mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.
17 14:82.1 (prostitution; persons under eighteen twenty-one; additional offenses), R.S.
18 14:83 (soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.2
19 (promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises for
20 prostitution), R.S. 14:86 (enticing persons into prostitution), R.S. 14:104 (keeping
21 a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. 14:282
22 (operation of places of prostitution; prohibited; penalty), the district attorney shall
23 authorize a public sale or a public auction conducted by a licensed auctioneer,
24 without appraisal, of that which is not required by law to be destroyed and which is
25 not harmful to the public. Any currency, instruments, or securities forfeited shall
26 be distributed or disposed of as provided in this Section.
27 B.(1) The personal property shall be exempt from sale and the currency,
28 instruments, or securities shall be exempt from distribution or disposition if it
29 was stolen or if the possessor of the property was not the owner and the owner did
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1 not know that the personal property was being used in the commission of the crime.
2 If this exemption is applicable, the personal property shall not be released until such
3 time as all applicable fees related to its seizure and storage are paid. An Internet
4 service provider shall not be required to pay seizure or storage fees to secure the
5 release of equipment leased to an offender.
6 * * *
7 C. In addition, the personal property shall be exempt from sale and the
8 currency, instruments, or securities shall be exempt from distribution or
9 disposition if it is subject to a lien recorded prior to the date of the offense and if the
10 applicable fees related to the property's seizure and storage are paid by a valid lien
11 holder.
12 * * *
13 E. Notwithstanding Subsection D of this Section, when the currency,
14 instruments, securities, or other property is forfeited pursuant to the provisions of
15 R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking of children for sexual
16 purposes), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-
17 aided solicitation of a minor), R.S. 14:82.1 (prostitution; persons under eighteen;
18 additional offenses), R.S. 14:83 (soliciting for prostitutes), R.S. 14:83.1 (inciting
19 prostitution), R.S. 14:83.2 (promoting prostitution), R.S. 14:84 (pandering), R.S.
20 14:85 (letting premises for prostitution), R.S. 14:86 (enticing persons into
21 prostitution), R.S. 14:104 (keeping a disorderly place), R.S. 14:105 (letting a
22 disorderly place), and R.S. 14:282 (operation of places of prostitution), the currency,
23 instruments, and securities and proceeds of the public sale or public auction shall
24 be applied first to any restitution granted to the victim, after the costs of the public
25 sale or auction, court costs, and fees related to seizure and storage have been
26 satisfied. Any remaining currency, instruments, securities, or proceeds shall be
27 distributed in the following manner:
28 (1) Twenty-five percent to the seizing agency or agencies allocated among
29 the seizing agencies in proportion to their participation in the management of the
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1 investigation, seizure, and forfeiture.
2 (2) Twenty-five percent to the prosecuting agency.
3 (3) Fifty percent to the Exploited Children's Special Fund pursuant to R.S.
4 15:539.2.
5 §539.2. Exploited Children's Special Fund
6 * * *
7 B.(1) There is established in the state treasury the Exploited Children's
8 Special Fund, hereinafter referred to as the "fund". Appropriations by the legislature
9 and all monetary assessments paid and interest accrued on funds collected pursuant
10 to Subsection A of this Section shall be deposited into the Bond Security and
11 Redemption Fund, and after a sufficient amount is allocated from the Bond Security
12 and Redemption Fund to pay all the obligations secured by the full faith and credit
13 of the state which become due and payable within any fiscal year, the treasurer shall
14 pay the remainder of such monies into the fund. The fund shall be subject to public
15 audit.
16 * * *
17 Section 3. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20 vetoed by the governor and subsequently approved by the legislature, this Act shall become
21 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 41 Engrossed 2017 Regular Session Johns
Present law provides, in addition to any other penalties, for the forfeiture of certain personal
property used in the commission of certain sex offenses, including prostitution involving
person under 18. Present law further provides that the personal property made subject to
seizure and sale pursuant to present law may include but is not limited to electronic
communication devices, computers, computer related equipment, motor vehicles,
photographic equipment used to record or create still or moving visual images of the victim
that are recorded on paper, film, video tape, disc, or any other type of digital recording
media.
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Proposed law changes the offense of "prostitution involving persons under 18" to
"prostitution involving persons under 21."
Proposed law further adds that, with regard to the crimes of human trafficking, trafficking
of children for sexual purposes, pornography involving juveniles, prostitution involving
persons under 21, soliciting for prostitutes, inciting prostitution, promoting prostitution,
pandering, letting premises for prostitution, enticing persons into prostitution, keeping a
disorderly place, letting a disorderly place, and operation of places of prostitution, the
proceeds of such conduct are subject to forfeiture, including currency, instruments, or
securities.
Proposed law otherwise retains present law.
Present law provides that the district attorney is to authorize a public sale or a public auction
conducted by a licensed auctioneer, without appraisal, of any forfeited personal property that
is not required by present law to be destroyed and that is not harmful to the public.
Proposed law retains present law and adds that any currency, instruments, or securities
forfeited are to be distributed or disposed of as provided in proposed law.
Present law provides that personal property is exempt from sale if it was stolen or if the
possessor of the property was not the owner and the owner did not know that the personal
property was being used in the commission of the crime. Present law further provides that
if this exemption is applicable, the personal property is not to be released until such time as
all applicable fees related to its seizure and storage are paid.
Proposed law retains present law and adds forfeited currency, instruments, and securities to
this exemption.
Present law provides that personal property is exempt from sale if it is subject to a lien
recorded prior to the date of the offense and if the applicable fees related to the property's
seizure and storage are paid by a valid lien holder.
Proposed law retains present law and adds forfeited currency, instruments, and securities to
this exemption.
Present law provides that the proceeds of the public sale or public auction are to be used to
pay the costs of the public sale or public auction, court costs, and fees related to the seizure
and storage of the personal property, and any proceeds remaining are to be distributed by the
district attorney in the following manner:
(1)60% to the seizing agency or agencies in an equitable manner.
(2)20% to the prosecuting agency.
(3)20% to the criminal court fund of the parish in which the offender was prosecuted.
Present law provides that when the property is forfeited pursuant to the penalty provisions
for the crimes of human trafficking, trafficking of children for sexual purposes, pornography
involving juveniles, computer-aided solicitation of a minor, prostitution involving persons
under eighteen, soliciting for prostitutes, inciting prostitution, promoting prostitution,
pandering, letting premises for prostitution, enticing persons into prostitution, keeping a
disorderly place, letting a disorderly place, and operation of places of prostitution, the
proceeds of the public sale or public auction are to 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. Present law further provides that any remaining
proceeds are to be distributed in the following manner:
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(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.
Proposed law retains present law and adds currency, instruments, or securities to the items
that are to be distributed pursuant to present law.
Present law provides relative to the Exploited Children's Special Fund.
Proposed law retains present law and makes the fund subject to public audit.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:46.2(B)(4), 46.3(D)(3), 81.1(E)(5)(c) and (d), 82.1(A), (D)(4), and (E),
83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 86(B)(2) and (3), 104(B)(4), 105(B)(4),
and 282(B)(4), and R.S. 15:539.1(A), (B)(1), (C), and (E) and 539.2(B)(1))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Change the offense of "prostitution involving persons under 18" to
"prostitution involving persons under 21".
2. Delete provisions of proposed law relative to distribution of forfeited
currency, instruments, or securities to a Special Asset Forfeiture Fund created
by proposed law.
3. Make Exploited Children's Special Fund subject to public audit.
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