2017 Regular Session ENROLLED
SENATE BILL NO. 41
BY SENATOR JOHNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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(D)(4) and
3 (E), 83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 86(B)(2) and (3),
4 104(B)(4), 105(B)(4), and 282(B)(4), and R.S. 15:539.1(A), (B)(1), (C), and (E) and
5 539.2(B)(1), relative to sex offenses; to provide for forfeiture of currency by persons
6 convicted of certain sex offenses; to provide for the disposition and distribution of
7 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(D)(4) and (E),
10 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),
11 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
18 and impounded, and after conviction, sold at public sale or public auction by the
ACT No. 180
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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 * * *
10 §46.3. Trafficking of children for sexual purposes
11 * * *
12 D. * * *
13 * * *
14 (3)(a) In addition, the court shall order that the personal property used in the
15 commission of the offense, or the proceeds of any such conduct, shall be seized
16 and impounded, and after conviction, sold at public sale or public auction by the
17 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
18 15:539.1.
19 (b) The personal property made subject to seizure and sale pursuant to
20 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
21 electronic communication devices, computers, computer related equipment, motor
22 vehicles, photographic equipment used to record or create still or moving visual
23 images of the victim that are recorded on paper, film, video tape, disc, or any other
24 type of digital recording media, and currency, instruments, or securities.
25 * * *
26 §81.1. Pornography involving juveniles
27 * * *
28 E. * * *
29 * * *
30 (5) * * *
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1 * * *
2 (c) In addition, the court shall order that the personal property used in the
3 commission of the offense, or the proceeds of any such conduct, shall be seized
4 and impounded, and after conviction, sold at public sale or public auction by the
5 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
6 15:539.1.
7 (d) The personal property made subject to seizure and sale pursuant to
8 Subparagraph (a)(c) of this Paragraph may include, but shall not be limited to,
9 electronic communication devices, computers, computer related equipment, motor
10 vehicles, photographic equipment used to record or create still or moving visual
11 images of the victim that are recorded on paper, film, video tape, disc, or any other
12 type of digital recording media, and currency, instruments, or securities.
13 * * *
14 §82.1. Prostitution; persons under eighteen; additional offenses
15 * * *
16 D. * * *
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 E. It shall not be a defense to prosecution for a violation of this Section that
30 the person practicing prostitution who is believed to be under the age of eighteen is
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1 actually a law enforcement officer or peace officer acting within the official scope
2 of his duties.
3 * * *
4 §83. Soliciting for prostitutes
5 * * *
6 B. * * *
7 * * *
8 (4)(a) In addition, the court shall order that the personal property used in the
9 commission of the offense, or the proceeds of any such conduct, shall be seized
10 and impounded, and after conviction, sold at public sale or public auction by the
11 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
12 15:539.1.
13 (b) The personal property made subject to seizure and sale pursuant to
14 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
15 electronic communication devices, computers, computer related equipment, motor
16 vehicles, photographic equipment used to record or create still or moving visual
17 images of the victim that are recorded on paper, film, video tape, disc, or any other
18 type of digital recording media, and currency, instruments, or securities.
19 §83.1. Inciting prostitution
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,
30 electronic communication devices, computers, computer related equipment, motor
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1 vehicles, photographic equipment used to record or create still or moving visual
2 images of the victim that are recorded on paper, film, video tape, disc, or any other
3 type of digital recording media, and currency, instruments, or securities.
4 §83.2. Promoting prostitution
5 * * *
6 B. * * *
7 * * *
8 (4)(a) In addition, the court shall order that the personal property used in the
9 commission of the offense, or the proceeds of any such conduct, shall be seized
10 and impounded, and after conviction, sold at public sale or public auction by the
11 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
12 15:539.1.
13 (b) The personal property made subject to seizure and sale pursuant to
14 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
15 electronic communication devices, computers, computer related equipment, motor
16 vehicles, photographic equipment used to record or create still or moving visual
17 images of the victim that are recorded on paper, film, video tape, disc, or any other
18 type of digital recording media, and currency, instruments, or securities.
19 * * *
20 §84. Pandering
21 * * *
22 B. * * *
23 * * *
24 (4)(a) In addition, the court shall order that the personal property used in the
25 commission of the offense, or the proceeds of any such conduct, shall be seized
26 and impounded, and after conviction, sold at public sale or public auction by the
27 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
28 15:539.1.
29 (b) The personal property made subject to seizure and sale pursuant to
30 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 §85. Letting premises for prostitution
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 §86. Enticing persons into prostitution
21 * * *
22 B. * * *
23 * * *
24 (2) In addition, the court shall order that the personal property used in the
25 commission of the offense, or the proceeds of any such conduct, shall be seized
26 and impounded, and after conviction, sold at public sale or public auction by the
27 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
28 15:539.1.
29 (3) The personal property made subject to seizure and sale pursuant to
30 Subparagraph (a) of this Paragraph Paragraph (2) of this Subsection may include,
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1 but shall not be limited to, electronic communication devices, computers, computer
2 related equipment, motor vehicles, photographic equipment used to record or create
3 still or moving visual images of the victim that are recorded on paper, film, video
4 tape, disc, or any other type of digital recording media, and currency, instruments,
5 or securities.
6 * * *
7 §104. Keeping a disorderly place
8 * * *
9 B. * * *
10 * * *
11 (4)(a) In addition, the court shall order that the personal property used in the
12 commission of the offense, or the proceeds of any such conduct, shall be seized
13 and impounded, and after conviction, sold at public sale or public auction by the
14 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
15 15:539.1.
16 (b) The personal property made subject to seizure and sale pursuant to
17 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
18 electronic communication devices, computers, computer related equipment, motor
19 vehicles, photographic equipment used to record or create still or moving visual
20 images of the victim that are recorded on paper, film, video tape, disc, or any other
21 type of digital recording media, and currency, instruments, or securities.
22 §105. Letting a disorderly place
23 * * *
24 B. * * *
25 * * *
26 (4)(a) In addition, the court shall order that the personal property used in the
27 commission of the offense, or the proceeds of any such conduct, shall be seized
28 and impounded, and after conviction, sold at public sale or public auction by the
29 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
30 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 * * *
8 §282. Operation of places of prostitution prohibited; penalty
9 * * *
10 B. * * *
11 * * *
12 (4)(a) In addition, the court shall order that the personal property used in the
13 commission of the offense, or the proceeds of any such conduct, shall be seized
14 and impounded, and after conviction, sold at public sale or public auction by the
15 district attorney, or otherwise distributed or disposed of, in accordance with R.S.
16 15:539.1.
17 (b) The personal property made subject to seizure and sale pursuant to
18 Subparagraph (a) of this Paragraph may include, but shall not be limited to,
19 electronic communication devices, computers, computer related equipment, motor
20 vehicles, photographic equipment used to record or create still or moving visual
21 images of the victim that are recorded on paper, film, video tape, disc, or any other
22 type of digital recording media, and currency, instruments, or securities.
23 Section 2. R.S. 15:539.1(A), (B)(1), (C), and (E) and 539.2(B)(1) are hereby
24 amended and reenacted to read as follows:
25 §539.1. Forfeited property related to certain sex crimes; exempt property; allocation
26 of forfeited property
27 A. When personal property is forfeited under the provisions of R.S. 14:40.3
28 (cyberstalking), R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking of
29 children for sexual purposes), R.S. 14:80 (felony carnal knowledge of a juvenile),
30 R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving
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1 juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or
2 mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.
3 14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:83
4 (soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.2
5 (promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises for
6 prostitution), R.S. 14:86 (enticing persons into prostitution), R.S. 14:104 (keeping
7 a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. 14:282
8 (operation of places of prostitution; prohibited; penalty), the district attorney shall
9 authorize a public sale or a public auction conducted by a licensed auctioneer,
10 without appraisal, of that which is not required by law to be destroyed and which is
11 not harmful to the public. Any currency, instruments, or securities forfeited shall
12 be distributed or disposed of as provided in this Section.
13 B.(1) The personal property shall be exempt from sale and the currency,
14 instruments, or securities shall be exempt from distribution or disposition if it
15 was stolen or if the possessor of the property was not the owner and the owner did
16 not know that the personal property was being used in the commission of the crime.
17 If this exemption is applicable, the personal property shall not be released until such
18 time as all applicable fees related to its seizure and storage are paid. An Internet
19 service provider shall not be required to pay seizure or storage fees to secure the
20 release of equipment leased to an offender.
21 * * *
22 C. In addition, the personal property shall be exempt from sale and the
23 currency, instruments, or securities shall be exempt from distribution or
24 disposition if it is subject to a lien recorded prior to the date of the offense and if the
25 applicable fees related to the property's seizure and storage are paid by a valid lien
26 holder.
27 * * *
28 E. Notwithstanding Subsection D of this Section, when the currency,
29 instruments, securities, or other property is forfeited pursuant to the provisions of
30 R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking of children for sexual
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1 purposes), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-
2 aided solicitation of a minor), R.S. 14:82.1 (prostitution; persons under eighteen;
3 additional offenses), R.S. 14:83 (soliciting for prostitutes), R.S. 14:83.1 (inciting
4 prostitution), R.S. 14:83.2 (promoting prostitution), R.S. 14:84 (pandering), R.S.
5 14:85 (letting premises for prostitution), R.S. 14:86 (enticing persons into
6 prostitution), R.S. 14:104 (keeping a disorderly place), R.S. 14:105 (letting a
7 disorderly place), and R.S. 14:282 (operation of places of prostitution), the currency,
8 instruments, and securities and proceeds of the public sale or public auction shall
9 be applied first to any restitution granted to the victim, after the costs of the public
10 sale or auction, court costs, and fees related to seizure and storage have been
11 satisfied. Any remaining currency, instruments, securities, or proceeds shall be
12 distributed in the following manner:
13 (1) Twenty-five percent to the seizing agency or agencies allocated among
14 the seizing agencies in proportion to their participation in the management of the
15 investigation, seizure, and forfeiture.
16 (2) Twenty-five percent to the prosecuting agency.
17 (3) Fifty percent to the Exploited Children's Special Fund pursuant to R.S.
18 15:539.2.
19 §539.2. Exploited Children's Special Fund
20 * * *
21 B.(1) There is established in the state treasury the Exploited Children's
22 Special Fund, hereinafter referred to as the "fund". Appropriations by the legislature
23 and all monetary assessments paid and interest accrued on funds collected pursuant
24 to Subsection A of this Section shall be deposited into the Bond Security and
25 Redemption Fund, and after a sufficient amount is allocated from the Bond Security
26 and Redemption Fund to pay all the obligations secured by the full faith and credit
27 of the state which become due and payable within any fiscal year, the treasurer shall
28 pay the remainder of such monies into the fund. The fund shall be subject to public
29 audit.
30 * * *
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1 Section 3. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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