2021 Regular Session ENROLLED
SENATE BILL NO. 170
BY SENATORS JOHNS, ABRAHAM, ALLAIN, BARROW, BERNARD, BOUDREAUX,
BOUIE, CARTER, CATHEY, CLOUD, CONNICK, CORTEZ, FESI,
FIELDS, FOIL, HARRIS, HENRY, HENSGENS, HEWITT, JACKSON,
LUNEAU, MCMATH, MILLIGAN, FRED MILLS, ROBERT MILLS,
MIZELL, MORRIS, PEACOCK, POPE, PRICE, REESE, SMITH,
TALBOT, TARVER, WARD, WHITE AND WOMACK AND
REPRESENTATIVES ADAMS, BUTLER, CARRIER, WILFORD
CARTER, COX, DAVIS, FARNUM, HARRIS, HORTON, TRAVIS
JOHNSON, LYONS, MCKNIGHT, MOORE, NEWELL, CHARLES
OWEN, SCHEXNAYDER, THOMPSON AND W RIGHT
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. 46:2161(C), 2161.1(A) and (C), 2165(A) and (B)(2) and (6),
3 2166(D), 2167(D), and Children's Code Art. 725.2(A)(1) and (B), to enact R.S.
4 36:4(J) and R.S. 46:2166(A)(18) and Part III of Chapter 28-B of Title 46 of the
5 Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:2169-2169.1, and to
6 repeal R.S. 46:62, relative to human trafficking; to create the governor's office of
7 human trafficking prevention; to provide for powers and duties; to provide for an
8 executive director and other staff; to provide for budget oversight; and to provide for
9 related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 36:4(J) is hereby enacted to read as follows:
12 §4. Structure of executive branch of state government
13 * * *
14 J. The office of human trafficking prevention, as provided for in
15 R.S. 46:2169 et seq., shall be placed within the office of the governor and shall
16 exercise its powers, duties, and functions as provided by law. The Louisiana
17 Human Trafficking Prevention Commission and Advisory Board, as provided
18 for in R.S. 46:2165 et seq., shall be placed within the office of human trafficking
19 prevention.
ACT No. 352
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1 * * *
2 Section 2. R.S. 46:2161(C), 2161.1(A) and (C), 2165(A) and (B)(2) and (6),
3 2166(D), and 2167(D) are hereby amended and reenacted and R.S. 46:2166(A)(18) and Part
4 III of Chapter 28-B of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S.
5 46:2169-2169.1, are hereby enacted to read as follows:
6 §2161. Human trafficking victims services plan; children
7 * * *
8 C.(1) Each private entity that provides services to victims pursuant to the
9 provisions of this Section shall submit to the governor's office of human
10 trafficking prevention and to the Department of Children and Family Services an
11 annual report on their operations including information on the services offered,
12 geographic areas served, the number of persons served, and individual status updates
13 on each person served. This information shall not include the name, address, or other
14 identifying information of the person served. The Department of Children and
15 Family Services governor's office of human trafficking prevention shall compile
16 the data from all the reports submitted pursuant to the provisions of this Subsection
17 and shall provide this information to the legislature on or before the first day of
18 February each year.
19 (2) Each statewide and local law enforcement entity that investigates
20 cases of human trafficking or related sexual offenses and that provides services
21 to victims pursuant to the provisions of this Section shall submit to the
22 governor's office of human trafficking prevention and to the Department of
23 Children and Family Services an annual report on their operations including
24 information on type of investigation, outcome of the investigation, and any
25 services offered to victims, and demographic information related to the case and
26 services offered.
27 §2161.1. Human trafficking victims services plan; adults
28 A. With respect to persons any person referred to the Department of
29 Children and Family Services who are is eighteen years of age or older and who are
30 is found to be victims a victim of human trafficking in which the services include
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1 trafficking activity included commercial sexual activity or any sexual conduct
2 constituting a crime under the laws of this state, the department shall refer the person
3 to the appropriate department, agency, or entity to provide the person with the
4 following:
5 (1) Assist the victim Assistance in applying for federal and state benefits and
6 services to which the victim may be entitled.
7 (2) Coordinate Coordination of the delivery of health care, mental health
8 care, housing, education, job training, child care, victims' compensation, legal, and
9 other services available to victims of human or sex trafficking.
10 (3) Refer the victim Referral to the appropriate community-based services
11 to the extent that such services are available.
12 (4) Assist the victim Assistance with family reunification or returning to the
13 victim's place of origin, if the victim so desires.
14 * * *
15 C.(1) Each private entity that provides services to victims pursuant to the
16 provisions of this Section shall submit to the governor's office of human
17 trafficking prevention and to the Department of Children and Family Services an
18 annual report on their operations including information on the services offered,
19 training or certifications received specific to human trafficking, geographic areas
20 served, the number of persons served, and individual status updates on each person
21 served. This information shall not include the name, address, or other identifying
22 information of the person served. The Department of Children and Family Services
23 governor's office of human trafficking prevention shall compile the data from all
24 the reports submitted pursuant to the provisions of this Subsection and shall provide
25 this information to the legislature on or before the first day of February each year.
26 (2) Each statewide and local law enforcement entity that investigates
27 cases of human trafficking or related sexual offenses and that provides services
28 to victims pursuant to the provisions of this Section shall submit to the
29 governor's office of human trafficking prevention and to the Department of
30 Children and Family Services an annual report on their operations including
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1 information on the type of investigation, outcome of the investigation, and any
2 services offered to victims, and demographic information related to the case and
3 services offered.
4 * * *
5 §2165. Louisiana Human Trafficking Prevention Commission
6 A. The Louisiana Human Trafficking Prevention Commission is hereby
7 created within the office of the governor and placed within the office of human
8 trafficking prevention.
9 B. The commission shall do the following:
10 * * *
11 (2) Conduct a continuing comprehensive review of all existing public and
12 private human trafficking victim assistance programs to identify gaps in prevention
13 and intervention services.
14 * * *
15 (6) Establish a method to transition human trafficking victim assistance
16 service providers toward evidence-based national best practices focusing on outreach
17 and prevention.
18 * * *
19 §2166. Composition of the commission
20 A. The commission shall be composed of the following members:
21 * * *
22 (18) The executive director of the governor's office of human trafficking
23 prevention.
24 * * *
25 D.(1) Each member shall be entitled to designate a single individual to serve
26 as his proxy for the duration of the member's term to serve on any occasion that the
27 member is unable to attend a meeting of the commission. The term of the designated
28 proxy shall be the same as that of the member. A member appointing a designated
29 proxy shall make his appointment known to the chairperson and to the secretary of
30 the commission.
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1 (2) The proxy appointed by a member shall not be subject to the same
2 nominating and appointment procedures as is that are required for the member for
3 whom he is serving.
4 (3) An No individual shall not serve as proxy pursuant to the provisions of
5 this Subsection for more than one member of the commission.
6 * * *
7 §2167. Meetings
8 * * *
9 D. The office of human trafficking prevention within the office of the
10 governor shall provide to the commission such clerical, administrative, and technical
11 assistance and support as may be necessary to enable the commission to accomplish
12 its goals.
13 * * *
14 PART III. OFFICE OF HUMAN TRAFFICKING PREVENTION
15 §2169. Office of human trafficking prevention
16 A. The office of human trafficking prevention is hereby created within
17 the office of the governor for the purpose of coordinating resources of public
18 and private entities that develop, manage, operate, and support services and
19 programs for human trafficking victims. The office shall exercise the powers
20 and duties provided in this Part or otherwise provided by law.
21 B. The office shall be administered by an executive director who shall be
22 appointed by the governor, subject to confirmation by the Senate, to serve at his
23 pleasure.
24 C. The executive director shall employ necessary staff to carry out the
25 duties and functions of the office as provided in this Part or as otherwise
26 provided by law.
27 §2169.1. Powers and duties
28 The office shall have the following powers and duties:
29 (1) To collect all relevant information including facts and statistics
30 related to human trafficking.
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1 (2) To conduct studies of human trafficking activity in Louisiana.
2 (3) To identify and make available to state agencies and other
3 stakeholders the information on the best practices related to human trafficking
4 activities and the prevention thereof in Louisiana and throughout the nation.
5 (4) To develop and implement a comprehensive strategic plan to prevent
6 human trafficking and address the needs of human trafficking victims, which
7 shall be provided to the legislature, the Department of Children and Family
8 Services, and any entity required to submit a report under the provisions of R.S.
9 46:2161(C) and Children's Code Article 725.2(B) by February 1, 2022.
10 (5) To assist state agencies in reducing duplication of effort in the
11 prevention of human trafficking and the provision of services to human
12 trafficking victims.
13 (6) To monitor availability of funds from federal and other sources for
14 financing the provision of services to and programs for human trafficking
15 victims and seek funding where appropriate.
16 (7) To assist state departments and agencies and other stakeholders in
17 drafting plans to maximize the impact of the use of such funds.
18 (8) To maintain a current list of public and private stakeholders
19 providing services to and programs for human trafficking victims.
20 (9) To monitor and evaluate the effectiveness and efficiency of programs
21 that provide services to and programs for human trafficking victims, and
22 annually report its findings and recommendations to the legislature, the
23 Department of Children and Family Services, and any entity required to submit
24 a report under the provisions of R.S. 46:2161(C) and Children's Code Article
25 725.2(B).
26 (10) To provide the leadership and clerical, administrative, and technical
27 assistance and support necessary for the Louisiana Human Trafficking
28 Prevention Commission and the Human Trafficking Prevention Commission
29 Advisory Board to fulfill their duties.
30 (11) To create and submit reports as required by law.
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1 (12) To compile and submit data to the legislature as provided by law.
2 (13) To perform all functions reasonably necessary to accomplish the
3 purposes for which the office is created.
4 Section 3. Children's Code Art. 725.2(A)(1) and (B) are hereby amended and
5 reenacted to read as follows:
6 Art. 725.2. Safe house for sexually exploited children
7 A.(1) The department shall identify and maintain a current listing of safe
8 houses which are licensed residential homes that specialize in the provision of
9 services to sexually exploited children, regardless of whether those facilities receive
10 taxpayer funding. This listing shall be made available to the governor's office of
11 human trafficking prevention and to courts, prosecutors, and other stakeholders
12 involved in proceedings pertaining to an exploited child.
13 * * *
14 B. Each safe house listed with the department to provide services to sexually
15 exploited children pursuant to the provisions of this Article shall submit to the
16 governor's office of human trafficking prevention and to the department an
17 annual report on their operations including information on the services offered, a
18 listing of credentials, training, and licenses specific to survivor-centered and
19 trauma-informed services for human trafficking survivors, geographic areas
20 served, number of children served, and individual status updates on each child
21 served. This information shall not include the name, address, or other identifying
22 information of the child served. The department governor's office of human
23 trafficking prevention shall compile the data from all the reports submitted by each
24 safe house pursuant to the provisions of this Article and shall provide this
25 information in an annual report to the legislature on or before the first day of
26 February each year.
27 Section 4. R.S. 46:62 is hereby repealed.
28 Section 5. This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
30 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 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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