SLS 22RS-412 ORIGINAL
2022 Regular Session
SENATE BILL NO. 148
BY SENATOR MIZELL
CRIMINAL JUSTICE. Provides for post-conviction relief for victims of human trafficking.
(gov sig)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 987 and R.S. 14:46.2(A)(1), (C)(1)
3 and (3)(b) and (f), and (D), to enact Code of Criminal Procedure Art. 987.1, R.S.
4 14:46.2(C)(3)(k) and (l), relative to human trafficking; to provide that convictions
5 for certain offenses may be set aside when the defendant is a victim of human
6 trafficking; to provide relative to expungement of records of arrest and conviction
7 for certain offenses related to human trafficking; to provide for immunity from
8 prosecution for victims of human trafficking; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Art. 987 is hereby amended and reenacted
11 and Code of Criminal Procedure Art. 987.1 is hereby enacted to read as follows:
12 Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show
13 cause; order of dismissal forms to be used
14 "STATE OF LOUISIANA
15 JUDICIAL DISTRICT FOR THE PARISH OF
16 ______________________________
17
18 No.: _____________ Division: "_______"
19 State of Louisiana
20 vs.
21 _______________________________________________________
22 MOTION TO SET ASIDE CONVICTION AND
23 DISMISS PROSECUTION
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SLS 22RS-412 ORIGINAL
1 NOW INTO HONORABLE COURT, comes
2 G Defendant, OR
3 G Defendant through undersigned Counsel,
4 who moves that the conviction pursuant to Louisiana Code of Criminal Procedure
5 G Article 894(B) Misdemeanors, OR
6 G Article 893(E) Felonies, OR
7 G Article 987.1 Offenses related to human trafficking
8 in the above numbered case be set aside and that the prosecution dismissed in accordance with the Code
9 of Criminal Procedure in that:
10 G the The period of the deferred sentence has run and petitioner has successfully completed the
11 terms of his probation. , OR
12 G The defendant was convicted of an offense related to human trafficking.
13
14 The mover is further identified below:
15 DOCKET NUMBER: _______________________
16 CHARGE: _______________________
17 DATE OF ARREST: _______________________
18 ARRESTING AGENCY: _______________________
19 CITY/PARISH OF ARREST: _______________________
20 The Mover prays that, after a contradictory hearing with the District Attorney's Office, the Court
21 order the above numbered case be set aside and that the prosecution dismissed in accordance with the
22 Code of Criminal Procedure.
23 Respectfully submitted,
24 ____________________________________
25 Signature of Attorney for Mover/Defendant
26
27 ____________________________________
28 Attorney for Mover/Defendant Name
29
30 ____________________________________
31 Attorney's Bar Roll No.
32
33 ____________________________________
34 Address
35
36 ____________________________________
37 City, State, ZIP Code
38
39 ____________________________________
40 Telephone Number
41
42
43 If not represented by counsel:
44
45 ____________________________________
46 Signature of Mover/Defendant
47
48 ____________________________________
49 Mover/Defendant Name
50
51 ____________________________________
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SLS 22RS-412 ORIGINAL
1 Address
2
3 ____________________________________
4 City, State, ZIP Code
5
6 ____________________________________
7 Telephone Number
8
9 STATE OF LOUISIANA
10 JUDICIAL DISTRICT FOR THE PARISH OF
11
12 ______________________________
13
14 No.: ______________ Division: "_______"
15
16 State of Louisiana
17
18 vs.
19
20 _______________________________________________________
21
22 RULE TO SHOW CAUSE
23
24 IT IS HEREBY ORDERED, that the District Attorney show cause on the _______ day of
25 ______________________, 20 _____, at ______o'clock __m why the foregoing motion should not be
26 granted.
27 THUS ORDERED AND SIGNED this ____ day of _________________, 20 ____ at
28 ______________, Louisiana, ___________________________.
29 ___________________________
30 JUDGE
31
32 PLEASE SERVE:
33
34 1. District Attorney: _____________________________________________
35
36 2. Attorney for Defendant and/or Defendant ____________________________
37
38 STATE OF LOUISIANA
39 JUDICIAL DISTRICT FOR THE PARISH OF
40 ______________________________
41
42 No.: _________ Division: "_______"
43
44 State of Louisiana
45
46 vs.
47 _______________________________________________________
48
49 ORDER OF DISMISSAL
50
51 Considering the Motion to Set Aside Conviction and Dismiss Prosecution, the hearing conducted
52 on the representation of the State of Louisiana of its consent hereto, and that there is no opposition for any
53 good cause appearing herein;
54 IT IS ORDERED, ADJUDGED AND DECREED that this conviction is set aside and the
55 prosecution dismissed for purposes of expungement.
56 THUS ORDERED AND SIGNED this _____ day of _______________, 20 ____ at
57 ________________, Louisiana.
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SLS 22RS-412 ORIGINAL
1 ___________________________________
2 JUDGE
3
4 PLEASE SERVE:
5
6 1. District Attorney:________________________________________________
7
8 2. Attorney for Defendant and/or Defendant ___________________________"
9 Art. 987.1. Motion to set aside conviction of certain offenses related to human
10 trafficking; expungement and sealing of record of arrest and
11 conviction
12 A. A motion to set aside a conviction pursuant to the provisions of this
13 Article may be filed and served upon the district attorney at any time following
14 a conviction involving the offenses of prostitution pursuant to R.S. 14:82,
15 prostitution by massage pursuant to R.S. 14:83.3 or 83.4, crime against nature
16 pursuant to R.S. 14:89, or crime against nature by solicitation pursuant to R.S.
17 14:89.2, or any other nonviolent offense, when the defendant's participation in
18 the offense was a result of having been a victim of human trafficking under R.S.
19 14:46.2, trafficking of children for sexual purposes under R.S. 14:46.3, or a
20 victim of a severe form of trafficking under the federal Trafficking Victims
21 Protection Act, 22 U.S.C. 7101 et seq.
22 B. The motion shall be in writing, shall describe the supporting evidence
23 with particularity, and shall include copies of any documents showing that the
24 defendant is entitled to relief under this Article.
25 C. The motion shall not be denied without a contradictory hearing unless
26 it appears on the face of the motion that, as a matter of law, the defendant is not
27 entitled to the relief sought.
28 D. The court shall grant the motion if it finds by a preponderance of the
29 evidence that the violation was a result of the defendant having been a victim
30 of human trafficking. Documentation of the defendant's status as a victim of
31 human trafficking provided by a federal, state, or local government agency shall
32 create a presumption that the defendant's conviction was obtained as a result
33 of having been a victim of human trafficking. However, such documentation
34 shall not be required to grant a motion under this Article.
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SLS 22RS-412 ORIGINAL
1 E. If the motion is granted, the court shall order the expungement and
2 sealing, without cost to the defendant, of the record of arrest and conviction.
3 The court shall further order that copies of all records and files related to the
4 defendant's arrest, citation, investigation, charge, conviction, probation, and
5 sentence for the offense be provided to the defendant without cost.
6 Section 2. R.S. 14:46.2(A)(1), (C)(1) and (3)(b) and (f), and (D) are hereby amended
7 and reenacted and R.S. 14:46.2(C)(3)(k) and (l) are hereby enacted to read as follows:
8 ยง46.2. Human trafficking
9 A. It shall be unlawful:
10 (1)(a) For any person to knowingly recruit, harbor, transport, provide, solicit,
11 receive, isolate, entice, obtain, patronize, procure, purchase, hold, restrain,
12 induce, threaten, subject, or maintain the use of another person through fraud,
13 force, or coercion to provide services or labor.
14 (b) For any person to knowingly recruit, harbor, transport, provide, solicit,
15 sell, purchase, patronize, procure, hold, restrain, induce, threaten, subject,
16 receive, isolate, entice, obtain, or maintain the use of a person under the age of
17 twenty-one years for the purpose of engaging in commercial sexual activity
18 regardless of whether the person was recruited, harbored, transported, provided,
19 solicited, sold, purchased, received, isolated, enticed, obtained, or maintained
20 through fraud, force, or coercion. It shall not be a defense to prosecution for a
21 violation of the provisions of this Subparagraph that the person did not know the age
22 of the victim or that the victim consented to the prohibited activity.
23 * * *
24 C. For purposes of this Section:
25 (1) "Commercial sexual activity" means any sexual act performed or
26 conducted when anything of value has been given, promised, or received by any
27 person, directly or indirectly, including the production of pornography.
28 * * *
29 (3) "Fraud, force, or coercion" shall include but not be limited to any of the
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1 following:
2 * * *
3 (b) Physically restraining, isolating, confining, or threatening to physically
4 restrain, isolate, or confine another person.
5 * * *
6 (f) The actual or threatened destruction, concealment, removal, withholding,
7 confiscation, or possession of any actual or purported passport or other immigration
8 document, or any other actual or purported government identification document, of
9 another person.
10 * * *
11 (k) Exposing or threatening to expose any fact or information that would
12 subject an individual to criminal or immigration proceedings.
13 (l) Causing or threatening to cause financial harm to an individual or
14 using financial control over an individual.
15 * * *
16 D. It shall not be a defense to prosecution for a violation of this Section that
17 the person being recruited, harbored, transported, provided, solicited, received,
18 isolated, patronized, procured, purchased, enticed, obtained, or maintained is
19 actually a law enforcement officer or peace officer acting within the official scope
20 of his duties.
21 * * *
22 Section 3. This Act shall become effective upon signature by the governor or, if not
23 signed by the governor, upon expiration of the time for bills to become law without signature
24 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
25 vetoed by the governor and subsequently approved by the legislature, this Act shall become
26 effective on the day following such approval.
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SLS 22RS-412 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 148 Original 2022 Regular Session Mizell
Present law provides definitions and penalties for the crimes of human trafficking and
trafficking of children for sexual purposes.
Proposed law retains present law.
Present law provides that a victim of the crime of trafficking of children for sexual purposes
cannot be prosecuted for crimes committed as a direct result of being trafficked. Present law
further provides that any child determined to be a victim of the crime of trafficking of
children for sexual purposes is eligible for specialized services for sexually exploited
children.
Proposed law retains present law.
Proposed law provides that a motion to set aside a conviction may be filed and served upon
the district attorney at any time following a conviction involving the present law crimes of
prostitution, prostitution by massage, crime against nature, or crime against nature by
solicitation, or any other nonviolent offense, when the defendant's participation in the crime
was a result of having been a victim of human trafficking or trafficking of children for sexual
purposes under present law, or a victim of a severe form of trafficking under the federal
Trafficking Victims Protection Act. Proposed 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 defendant is entitled to relief under proposed law. Proposed law
further provides that the motion cannot be denied without a contradictory hearing, unless it
appears on the face of the motion that the defendant is not entitled to the relief sought as a
matter of law.
Proposed law provides that the court must grant the motion to set aside if the court finds by
a preponderance of evidence that the crime was committed as a result of the defendant
having been a victim of human trafficking. Proposed law further provides that
documentation of the defendant's status as a victim of human trafficking provided by a
federal, state, or local government agency creates a presumption that the defendant's
conviction was obtained as a result of having been a victim of human trafficking, but such
documentation is not required in order to grant the motion to set aside. Proposed law further
provides that if the motion is granted, the court is to order the expungement and sealing,
without cost to the defendant, of the record of arrest and conviction, including all records
and files related to the defendant's arrest, citation, investigation, charge, conviction,
probation, and sentence.
Present law provides forms for the motion to set aside conviction and dismiss prosecution
provided for by present law.
Proposed law retains present law and adds provisions to the forms relative to the proposed
law motion to set aside conviction of certain offenses related to human trafficking.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 987 and R.S. 14:46.2(A)(1), (C)(1) and (3)(b) and (f), and (D); adds
C.Cr.P. Art. 987.1, R.S. 14:46.2(C)(3)(k) and (l))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.