Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Louisiana Revised Statutes 46:2161.1

  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Statute: A law passed by a legislature.

            A. With respect to any person referred to the Department of Children and Family Services who is eighteen years of age or older and who is found to be a victim of human trafficking in which the trafficking activity included commercial sexual activity or any sexual conduct constituting a crime under the laws of this state, the department shall refer the person to the appropriate department, agency, or entity to provide the person with the following:

            (1) Assistance in applying for federal and state benefits and services to which the victim may be entitled.

            (2) Coordination of the delivery of health care, mental health care, housing, education, job training, child care, victims’ compensation, legal, and other services available to victims of human or sex trafficking.

            (3) Referral to the appropriate community-based services to the extent that such services are available.

            (4) Assistance with family reunification or returning to the victim’s place of origin, if the victim so desires.

            B. In coordinating these services for the victim, the department shall work together with such other state and federal agencies, public and private entities, and other stakeholders as they deem appropriate.

            C.(1) Each private entity that provides services to victims pursuant to the provisions of this Section shall submit to the governor’s office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including information on the services offered, training or certifications received specific to human trafficking, geographic areas served, the number of persons served, and individual status updates on each person served. This information shall not include the name, address, or other identifying information of the person served. The governor’s office of human trafficking prevention shall compile the data from all of the reports submitted pursuant to the provisions of this Subsection and shall provide this information to the legislature on or before the first day of February each year.

            (2) Each statewide and local law enforcement entity that investigates cases of human trafficking or related sexual offenses and that provides services to victims pursuant to the provisions of this Section shall submit to the governor’s office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including information on the type of investigation, outcome of the investigation, and any services offered to victims, and demographic information related to the case and services offered.

            (3) Each district attorney who prosecutes cases of human trafficking or related sexual offenses or who provides services to victims pursuant to the provisions of this Section shall submit to the governor’s office of human trafficking prevention and to the Department of Children and Family Services an annual report on their operations including the prosecuting agency’s name, parish, disposition of case, statute under which the offense was prosecuted, sentencing date, restitution ordered, restitution paid, value of assets from civil asset forfeiture, and any services offered to victims.

            Acts 2014, No. 564, §4; Acts 2021, No. 352, §2, eff. June 17, 2021; Acts 2023, No. 386, §2.