Louisiana SB 148: CRIMINAL JUSTICE: Provides for post-conviction relief for victims of human trafficking. (gov sig) (EN SEE FISC NOTE SD EX See Note)

Bill Text

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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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 148 ENROLLED
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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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

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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 ________________________________________________