SLS 23RS-71 REENGROSSED 2023 Regular Session SENATE BILL NO. 31 BY SENATORS MIZELL, ABRAHAM, BARROW, BOUDREAUX, CARTER, CONNICK, CORTEZ, FESI, FOIL, HENRY, HENSGENS, MCMATH, FRED MILLS, ROBERT MILLS, PEACOCK, POPE, PRICE, SMITH, STINE, TALBOT AND WOMACK Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CRIMINAL JUSTICE. Creates database to track trafficking arrests, convictions, restitution, fines, and civil asset forfeiture. (8/1/23) 1 AN ACT 2 To amend and reenact R.S. 15:576(3) and to enact R.S. 46:2161(C)(3) and 2161.1(C)(3), 3 relative to data of human trafficking victims; to require that district attorneys provide 4 annual reports to certain agencies; to track prosecution of human traffickers; to track 5 services provided to human trafficking victims; to clarify eligibility of certain 6 agencies to receive certain information and reports; and to provide for related 7 matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 15:576(3) is hereby amended and reenacted to read as follows: 10 §576. Definitions 11 As used in this Chapter: 12 * * * 13 (3) The term "criminal justice agency" means any government agency or 14 subunit thereof, or private agency which, through statutory authorization or a legal 15 formal agreement with a governmental unit or agency has the power of investigation, 16 arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation or 17 release of persons suspected, charged, or convicted of a crime; or which collects, Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 31 SLS 23RS-71 REENGROSSED 1 stores, processes, transmits, or disseminates criminal history record or crime 2 information. "Criminal justice agency" also includes the governor's office of 3 human trafficking prevention. 4 * * * 5 Section 2. R.S. 46:2161(C)(3) and 2161.1(C)(3) are hereby enacted to read as 6 follows: 7 §2161. Human trafficking victims services plan; children 8 * * * 9 C. * * * 10 (3) Each district attorney who prosecutes cases of human trafficking or 11 related sexual offenses or that provides services to victims pursuant to the 12 provisions of this Section shall submit to the governor's office of human 13 trafficking prevention and to the Department of Children and Family Services 14 an annual report on their operations including the prosecuting agency's name, 15 parish, disposition of case, statute under which the offense was prosecuted, 16 sentencing date, restitution ordered, restitution paid, value of assets from civil 17 asset forfeiture, and any services offered to victims. 18 §2161.1. Human trafficking victims services plan; adults 19 * * * 20 C. * * * 21 (3) Each district attorney who prosecutes cases of human trafficking or 22 related sexual offenses or that provides services to victims pursuant to the 23 provisions of this Section shall submit to the governor's office of human 24 trafficking prevention and to the Department of Children and Family Services 25 an annual report on their operations including the prosecuting agency's name, 26 parish, disposition of case, statute under which the offense was prosecuted, 27 sentencing date, restitution ordered, restitution paid, value of assets from civil 28 asset forfeiture, and any services offered to victims. Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 31 SLS 23RS-71 REENGROSSED The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Whitney Kauffeld. DIGEST SB 31 Reengrossed 2023 Regular Session Mizell Present law provides that the La. Bureau of Criminal Identification and Information must make available upon request to any eligible criminal justice agency any information contained in the criminal history record and identification files of the bureau. Present law defines "criminal justice agency" as any government agency or subunit thereof, or private agency which, through statutory authorization or a legal formal agreement with a governmental unit or agency has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation or release of persons suspected, charged, or convicted of a crime, or which collects, stores, processes, transmits, or disseminates criminal history record or crime information. Proposed law retains present law and adds that the governor's office of human trafficking prevention is also a "criminal justice agency" for purposes of present law. Proposed law requires that any district attorney who prosecutes a case of human trafficking or provides services to a victim of human trafficking must submit an annual report on his operations to the governor's office of human trafficking and prevention and the Dept. of Children and Family Services, including the agency's name, parish, disposition of the case, statute under which the offense was prosecuted, sentencing date, restitution ordered, restitution paid, value of assets from civil assets forfeited, and any services offered to victims. Effective August 1, 2023. (Amends R.S. 15:576(3); adds R.S. 46:2161(C)(3) and 2161.1(C)(3)) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1. Make technical changes. Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.