2022 Regular Session ENROLLED
SENATE BILL NO. 148
BY SENATORS MIZELL, ABRAHAM, BARROW, BERNARD, BOUIE, CARTER,
CATHEY, CLOUD, CONNICK, CORTEZ, FESI, FIELDS, FOIL,
HENRY, HEWITT, JACKSON, LAMBERT, MCMATH, MILLIGAN,
FRED MILLS, ROBERT MILLS, MORRIS, POPE, PRICE, REESE,
SMITH, STINE, TALBOT, WARD, WHITE AND WOMACK AND
REPRESENTATIVES BACALA, BUTLER, EMERSON, FONTENOT,
FREEMAN, FREIBERG, GAROFALO, GOUDEAU, LAFLEUR,
MARCELLE, MARINO, MCCORMICK, NELSON, SEABAUGH AND
WHITE
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 983(H) and (I) and R.S.
3 14:46.2(A)(1), (C)(1) and (3)(b) and (f), and (D), to enact Code of Criminal
4 Procedure Art. 983(J) and 997, and R.S. 14:46.2(C)(3)(k) and (l), relative to human
5 trafficking; to provide relative to expungement of records of arrest and conviction
6 for certain offenses related to human trafficking; to provide for immunity from
7 prosecution for victims of human trafficking; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Art. 983(H) and (I) are hereby amended and
10 reenacted and Code of Criminal Procedure Art. 983(J) and 997 are hereby enacted to read
11 as follows:
12 Art. 983. Cost of expungement of a record; fees; collection; exemptions;
13 disbursements
14 * * *
15 H. Human trafficking victim request for certification and application for
16 expungement.
17 (1) An applicant for the expungement of a record of offense who was a
18 victim of human trafficking, in accordance with R.S. 14:46.2, may request a
19 certification from the prosecuting authority that the offense for which the
20 expungement is sought was committed, in substantial part, as the result of the
21 applicant being a victim of "human trafficking" in accordance with R.S.
22 14:46.2.
ACT No. 130
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1 (2) To obtain certification, the applicant has the burden of establishing
2 by a preponderance of the evidence to the prosecuting authority that the offense
3 was committed, in substantial part, as the result of the applicant being a victim
4 of human trafficking in accordance with R.S. 14:46.2.
5 (3) The certification shall be prima facie evidence that similar eligible
6 crimes committed within other Louisiana jurisdictions during the time period
7 the applicant was a victim of human trafficking were committed, in substantial
8 part, as the result of the applicant being a victim of human trafficking in
9 accordance with R.S. 14:46.2.
10 (4) All applicable time delays pertaining to expungement provided by
11 Code of Criminal Procedure Articles 977 and 978 shall be waived when the
12 certification is presented to the clerk of court with the application for
13 expungement.
14 (5) An applicant for the expungement of a record of offense who was a
15 victim of human trafficking, in accordance with R.S. 14:46.2, shall not be
16 required to pay any fees relative to the application for expungement to the clerk
17 of court, the Louisiana Bureau of Criminal Identification and Information, the
18 sheriff, the district attorney, or any other agency.
19 (6) Utilization of the process outlined within this Subsection shall not
20 preclude any applicant from seeking additional expungement to which the
21 applicant may be entitled, in accordance with law.
22 (7) The Louisiana District Attorneys Association shall annually submit
23 a report to the legislature, no later than February first, that includes the
24 number of applications for, denials of, and approvals of the certification
25 provided for by this Subsection for the prior year.
26 I. If an application for an expungement of a record includes two or more
27 offenses arising out of the same arrest, including misdemeanors, felonies, or both,
28 the applicant shall be required to pay only one fee as provided for by this Article.
29 I.J. Notwithstanding any provision of law to the contrary, an applicant for the
30 expungement of a record, other than as provided in Paragraphs F and G of this
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1 Article, may proceed in forma pauperis in accordance with the provisions of Code
2 of Civil Procedure Article 5181 et seq.
3 * * *
4 Art. 997. Certification of Human Trafficking Victim Status
5
6 STATE OF LOUISIANA
7 __________ JUDICIAL DISTRICT FOR THE PARISH OF ____________________
8
9 NO.:_________________________ DIVISION: _______________
10
11 STATE OF LOUISIANA
12 vs.
13 ________________________________
14
15 CERTIFICATION OF HUMAN TRAFFICKING VICTIM STATUS
16
17 In accordance with the provisions of Louisiana Code of Criminal Procedure
18 Article 983, the Office of the District Attorney has reviewed and determined that one,
19
20 ________________________________________________________________________,
21 RACE/ GENDER: _______________________DOB: ___________________________,
22 SSN:_________________________________, has established by a preponderance of the
23 evidence proof of status as a victim of human trafficking in accordance with the
24 provisions of R. S. 14:46.2, for the following offense(s), detailed specifically as follows:
25 (If more than one offense, each relevant offense must be specifically listed in the
26 following format)
27
28 OFFENSE:________________________
29 DOCKET NO:_____________________
30 CHARGE:________________________
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1 DATE OF ARREST:________________
2 ARRESTING AGENCY:____________
3 CITY/PARISH OF ARREST:___________________
4 FURTHER, that the above offense(s) for which this Certification issued was
5 committed, in substantial part, as a result of the above-named being a victim of human
6 trafficking, in accordance with R.S. 14:46.2.
7 FURTHER, this Certification shall be considered as prima facie evidence of the
8 victim's status in similar eligible crimes committed within other Louisiana jurisdictions
9 during the time period in which the above-named was a victim of human trafficking.
10 FURTHER, all applicable time delays pertaining to expungement contained in
11 Louisiana Code of Criminal Procedure Articles 977 and 978 shall be waived when
12 presented to the clerk of court with an application for expungement of the
13 above-specified offense(s).
14 FURTHER, any application for expungement of the above-specified offense(s)
15 shall be at no cost to the above-named victim.
16
17
18 _______________________ __________________________________
19 DATE DISTRICT ATTORNEY
20 PARISH OF
21 _____________ JUDICIAL DISTRICT
22 STATE OF LOUISIANA
23 Section 2. R.S. 14:46.2(A)(1), (C)(1) and (3)(b) and (f), and (D) are hereby amended
24 and reenacted and R.S. 14:46.2(C)(3)(k) and (l) are hereby enacted to read as follows:
25 ยง46.2. Human trafficking
26 A. It shall be unlawful:
27 (1)(a) For any person to knowingly recruit, harbor, transport, provide, solicit,
28 receive, isolate, entice, obtain, patronize, procure, purchase, hold, restrain,
29 induce, threaten, subject, or maintain the use of another person through fraud,
30 force, or coercion to provide services or labor.
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1 (b) For any person to knowingly recruit, harbor, transport, provide, solicit,
2 sell, purchase, patronize, procure, hold, restrain, induce, threaten, subject,
3 receive, isolate, entice, obtain, or maintain the use of a person under the age of
4 twenty-one years for the purpose of engaging in commercial sexual activity
5 regardless of whether the person was recruited, harbored, transported, provided,
6 solicited, sold, purchased, received, isolated, enticed, obtained, or maintained
7 through fraud, force, or coercion. It shall not be a defense to prosecution for a
8 violation of the provisions of this Subparagraph that the person did not know the age
9 of the victim or that the victim consented to the prohibited activity.
10 * * *
11 C. For purposes of this Section:
12 (1) "Commercial sexual activity" means any sexual act performed or
13 conducted when anything of value has been given, promised, or received by any
14 person, directly or indirectly, including the production of pornography.
15 * * *
16 (3) "Fraud, force, or coercion" shall include but not be limited to any of the
17 following:
18 * * *
19 (b) Physically restraining, isolating, confining, or threatening to physically
20 restrain, isolate, or confine another person.
21 * * *
22 (f) The actual or threatened destruction, concealment, removal, withholding,
23 confiscation, or possession of any actual or purported passport or other immigration
24 document, or any other actual or purported government identification document, of
25 another person.
26 * * *
27 (k) Exposing or threatening to expose any fact or information that would
28 subject an individual to criminal or immigration proceedings.
29 (l) Causing or threatening to cause financial harm to an individual or
30 using financial control over an individual.
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1 * * *
2 D. It shall not be a defense to prosecution for a violation of this Section that
3 the person being recruited, harbored, transported, provided, solicited, received,
4 isolated, patronized, procured, purchased, enticed, obtained, or maintained is
5 actually a law enforcement officer or peace officer acting within the official scope
6 of his duties.
7 * * *
8 Section 3. This Act shall be known and may be cited as the "Michelle Johnson Act".
9 Section 4. This Act shall become effective upon signature by the governor or, if not
10 signed by the governor, upon expiration of the time for bills to become law without signature
11 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12 vetoed by the governor and subsequently approved by the legislature, this Act shall become
13 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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