HUMAN TRAFFICKING: Provides relative to bail conditions for defendants alleged to have committed certain human trafficking offenses (EN NO IMPACT See Note)

ENROLLED
ACT No. 1312026 Regular Session
HOUSE BILL NO. 161
BY REPRESENTATIVE MACK
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 320(J)(1) and to enact Code of
3 Criminal Procedure Article 320(J)(4), relative to bail conditions; to provide relative
4 to bail conditions for certain defendants; to provide for the duties of the court; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 320(J)(1) is hereby amended and
8 reenacted and Code of Criminal Procedure Article 320(J)(4) is hereby enacted to read as
9 follows:
10 Art. 320. Conditions of bail undertaking
11 * * *
12 J.(1) Crimes of violence and human trafficking offenses. Notwithstanding
13 the provisions of Paragraph G of this Article and notwithstanding any other provision
14 of law to the contrary, if the defendant is alleged to have committed a crime of
15 violence as defined in R.S. 14:2(B), human trafficking in violation of R.S. 14:46.2,
16 or trafficking of children for sexual purposes in violation of R.S. 14:46.3, the court
17 shall require as a condition of bail that the defendant refrain from going to the
18 residence or household of the victim, the victim's school, and the victim's place of
19 employment or otherwise contacting the victim in any manner whatsoever, and shall
20 refrain from having any further contact with the victim. The court shall also require
21 as a condition of bail that the defendant be prohibited from communicating, by
22 electronic communication, in writing, or orally, with a victim of the offense, or with
23 any of the victim's immediate family members. This condition does not apply if the
24 victim consents by way of a request to the court and the court issues an order
25 permitting the communication. If an immediate family member of the victim
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 161 ENROLLED
1 consents by way of a request to the court and the court issues an order permitting the
2 communication, then the defendant may contact that person.
3 * * *
4 (4) If the defendant is alleged to have committed the offense of human
5 trafficking in violation of R.S. 14:46.2 or trafficking of children for sexual purposes
6 in violation of R.S. 14:46.3, the court shall require as a condition of bail that the
7 defendant refrain from engaging in any of the following work:
8 (a) A transportation network company driver as provided in Part C of
9 Chapter 4 of Title 45 of the Louisiana Revised Statutes of 1950.
10 (b) Operation of any bus, taxicab, or limousine for hire as defined in R.S.
11 15:553.
12 (c) A service worker who goes into a residence to provide any type of
13 service.
14 (d) Operation of any carnival or amusement ride as defined in R.S. 15:553.
15 (e) A door-to-door solicitor, peddler, or itinerant vendor selling any type of
16 goods or services including magazines or periodicals or subscriptions to magazines
17 or periodicals.
18 (f) Supervisory or disciplinary authority over children.
19 (g) Operation or participation in the governance of any early learning center
20 as defined in R.S. 17:407.33, residential home as defined in R.S. 46:1403, or
21 residence in which child care services are provided by a family child care provider
22 or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.