The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 148 Engrossed 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))