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2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2124.1. Privileged communications and records

RS 46:2124.1 - Privileged communications and records
A. As used in this Section, the following terms shall have the following meanings:
(1) "Community shelter" means a community shelter or other program established in accordance with R.S. 46:2124.
(2) "Privileged communication" means a communication made to a representative or employee of a community shelter by a victim. It also means a communication not otherwise privileged made by a representative or employee of a community shelter to a victim in the course of rendering services authorized by R.S. 46:2124.
(3) "Victim" means a victim or potential victim of an act of family or domestic violence and his or her children.
B. Except as provided in Subsection D, no person shall be required to disclose, by way of testimony or otherwise, a privileged communication or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication:
(1) In connection with any civil or criminal case or proceeding.
(2) By way of any discovery procedure.
C. The records relating to a privileged communication kept by a community shelter or other agency or department shall not be public records. Such records may be used for the compilation of statistical data if the identity of the victim or the contents of any privileged communication are not disclosed.
D. The prosecuting attorney or any person who is a party in a civil proceeding or who has been arrested or charged with a criminal offense may petition the court for an in-camera inspection of the records of a privileged communication concerning such person. The petition shall allege facts showing that such records would provide admissible evidence favorable to the person and, in criminal proceedings, are relevant to the issue of guilt or punishment and shall be verified. If the court determines that the person is entitled to all or any part of such records, it may order production and disclosure as it deems appropriate.
Acts 1988, No. 204, §1; Acts 1997, No. 1156, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2125. Evaluation; reports

RS 46:2125 - Evaluation; reports
A. Both the program created hereunder and the shelters it prescribes shall be evaluated by the House and Senate committees on health and welfare at the end of the first fiscal year of the program and at the end of each subsequent fiscal year during which the program is continued. Such evaluation shall be designed to determine the effectiveness of the program in achieving its objectives.
B. A report of the evaluation shall be made to the legislature upon which recommendations for continued funding or termination of the program shall be based.
Added by Acts 1979, No. 746, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2126. Programs for victims of family violence; creation

RS 46:2126 - Programs for victims of family violence; creation
A. In addition to the fees collected for issuance of marriage licenses under the provisions of R.S. 13:841 or R.S. 40:40, each clerk of court or other person or agency authorized to collect marriage license fees shall collect a fee of twelve dollars and fifty cents upon the issuance of each marriage license. Each such person may deduct no more than five percent of the additional fees collected for administrative costs and shall remit the remaining amount of such additional fees to the state treasurer on a monthly basis, in accordance with rules and regulations of the state treasurer.
B. Subject to the exceptions contained in Article VII, Section 9(A) of the Louisiana Constitution of 1974, all such additional fees collected upon issuance of marriage licenses, except as specifically provided in Subsection A of this Section, shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. In addition, the treasurer shall keep an account of the amount of such fees paid into the state treasury from each parish. A copy of this account shall be transmitted to the office on a monthly basis.
C. REPEALED BY ACTS 1992, NO. 984, §18.
D. Revenue from the additional marriage license fees shall be a supplemental source of funding for the state family violence program and shall not be used to replace or to diminish the appropriation of funds out of the state general fund to the office for local family violence programs. Furthermore, nothing contained in this Part is intended to prohibit the appropriation of other funds out of the state general fund to the office for programs to prevent family violence or to prohibit local programs for victims of family violence from receiving funds or any other type of assistance from public or private sources.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1992, No. 984, §§13 and 18.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2127. Programs for victims of family violence; administration

RS 46:2127 - Programs for victims of family violence; administration
A.(1) The office of women's services is authorized to allocate monies to local family violence programs. Allocation of such monies shall be such that the maximum allowable amount of monies available for distribution during any fiscal year to local family violence programs serving any parish or parishes from the additional license fees shall be the amount of fees collected in that parish or parishes during that fiscal year.
(2) Monies generated by fees collected in a parish during any fiscal year which have not been distributed to local family violence programs for services to that parish during that fiscal year shall remain to the credit of that parish and shall be available for distribution to local family violence programs serving that parish.
B. The office of women's services shall:
(1) Establish minimum health, safety, and program standards for eligibility of local family violence programs to receive monies, in addition to those established in R.S. 46:2128.
(2) Receive applications from eligible local programs for such monies.
(3) Approve or reject each application within sixty days of receipt of the application.
(4) Distribute monies to the local programs within forty-five days after approval.
(5) Evaluate each local program annually for compliance with the minimum standards.
(6) Evaluate local programs on a competitive basis in order to distribute additional allocations authorized by Paragraph (A)(2) of this Section.
(7) Adopt rules and regulations necessary for the implementation of this Section. These rules and regulations shall be approved by the oversight subcommittee of the House Committee on Health and Welfare and Senate Committee on Health and Welfare, acting jointly or separately, prior to their implementation.
(8) Report annually to the House Committee on Health and Welfare and Senate Committee on Health and Welfare on the administration of the programs.
C. Prior to any allocation or distribution of monies as provided in Subsection A of this Section, the office may deduct no more than five percent of the amount appropriated from the fund for administrative costs.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1992, No. 984, §13; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2128. Eligibility requirements for local family violence programs

RS 46:2128 - Eligibility requirements for local family violence programs
A. In order to receive monies, a program shall have the primary purpose of providing assistance to victims of family violence, be locally administered by a public or private nonprofit organization, and provide or demonstrate to the office that it can provide services that include but are not limited to the following:
(1) Counseling for victims or their spouses.
(2) Around-the-clock shelter which provides safe refuge and temporary lodging for victims of family violence and their minor, unmarried children, or referral to such a shelter.
(3) Support programs that assist victims of family violence in obtaining needed medical, legal, or other services and information.
(4) Educational programs relating to family violence in order to increase community awareness.
B. In addition, in order to receive monies, a local family violence program shall demonstrate that it has received or can expect to receive, funding equal to twenty percent of its anticipated cost of operation from the area served by the program. In-kind contributions, whether materials, commodities, transportation, office space, other types of facilities, personal services, or otherwise, may be evaluated and included as part of the required local funding.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983. Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1992, No. 984, §13.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2131. Purposes

RS 46:2131 - Purposes
The purpose of this Part is to recognize and address the complex legal and social problems created by domestic violence. The legislature finds that existing laws which regulate the dissolution of marriage do not adequately address problems of protecting and assisting the victims of domestic abuse. The legislature further finds that previous societal attitudes have been reflected in the policies and practices of law enforcement agencies and prosecutors which have resulted in different treatment of crimes occurring between family members, household members, or dating partners and those occurring between strangers. It is the intent of the legislature to provide a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection. Furthermore, it is the intent of the legislature that the official response of law enforcement agencies to cases of domestic violence shall stress the enforcement of laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.
Added by Acts 1982, No. 782, §2; Acts 2015, No. 85, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2132. Definitions

RS 46:2132 - Definitions
As used in this Part:
(1) "Adult" means any person eighteen years of age or older, or any person under the age of eighteen who has been emancipated by marriage or otherwise.
(2) "Court" shall mean any court of competent jurisdiction in the state of Louisiana.
(3) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. "Domestic abuse" also includes abuse of adults as defined in R.S. 15:1503 when committed by an adult child or adult grandchild.
(4) "Family members" means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. "Family member" also means the other parent or foster parent of any child or foster child of the offender. "Household members" means any person presently or formerly living in the same residence with the defendant and who is involved or has been involved in a sexual or intimate relationship with the defendant, or any child presently or formerly living in the same residence with the defendant, or any child of the defendant regardless of where the child resides. "Dating partner" means any person protected from violence under R.S. 46:2151. If a parent or grandparent is being abused by an adult child, adult foster child, or adult grandchild, the provisions of this Part shall apply to any proceeding brought in district court.
Added by Acts 1982, No. 782, §2. Acts 1986, No. 154, §1; Acts 1986, No. 459, §1, eff. July 2, 1986; Acts 1993, No. 402, §2; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 2001, No. 619, §1; Acts 2010, No. 861, §20; Acts 2015, No. 85, §1; Acts 2017, No. 79, §2; Acts 2020, No. 101, §2; Acts 2020, No. 246, §4.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2133. Jurisdiction; venue; standing

RS 46:2133 - Jurisdiction; venue; standing
A. Any court in the state of Louisiana which is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Part.
B. Venue lies:
(1) In the parish where the marital domicile is located or where the household is located.
(2) In the parish where the defendant resides.
(3) In the parish where the abuse is alleged to have been committed.
(4) In the parish where the petitioner resides.
(5) In the parish where an action for annulment of marriage or for a divorce could be brought pursuant to Code of Civil Procedure Article 3941(A).
C. Notwithstanding the venue provisions of Subsection B of this Section, in a judicial district comprised of multiple parishes, if a court determines that it is in the interest of justice to afford the parties a more expeditious hearing than current docketing scheduling would permit, or to comply with the time provisions provided for by this Part, a judge or hearing officer may conduct a hearing in any parish within the judicial district.
D. An adult may seek relief under this Part by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, or district attorney may seek relief on behalf of any minor child or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant. A petitioner's right to relief under this Part shall not be affected by leaving the residence or household to avoid further abuse.
Added by Acts 1982, No. 782, §2. Acts 1984, No. 80, §1; Acts 1986, No. 459, §1, eff. July 2, 1986; Acts 1991, No. 361, §1; Acts 1997, No. 1156, §7; Acts 2016, No. 119, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2134. Petition

RS 46:2134 - Petition
A. A petition filed under the provisions of this Part shall contain the following:
(1) The name of each petitioner and each person on whose behalf the petition is filed, and the name, address, and parish of residence of each individual alleged to have committed abuse, if known; if the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.
(2) The facts and circumstances concerning the alleged abuse.
(3) The relationship between each petitioner and each individual alleged to have committed abuse.
(4) A request for one or more protective orders.
(5) If desired, a request for a competent interpreter for a non-English-speaking principal party or witness to the proceeding.
B. The address and parish of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.
C. If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.
D. If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain a written affirmation signed and dated by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.
E. If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Part. Any decree issued in a divorce proceeding filed subsequent to a petition filed or an order issued pursuant to this Part may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Part. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof. The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.
F. A petitioner shall not be required to prepay or be cast with court costs or costs of service or subpoena for the filing of the petition or the issuance of a temporary restraining order or protective order pursuant to this Part, and the clerk of court shall immediately file and process the petition and temporary restraining order issued pursuant to this Part, regardless of the ability of the petitioner to pay court costs.
G. If the court orders the issuance of a temporary restraining order, the defendant may be cast for all costs.
Added by Acts 1982, No. 782, §2; Acts 1990, No. 361, §2, eff. Jan. 1, 1991; Acts 1997, No. 1156, §7; Acts 2001, No. 430, §2; Acts 2005, No. 191, §1; Acts 2019, No. 406, §2, eff. June 20, 2019; Acts 2021, No. 394, §3.
{{NOTE: SEE ACTS 1990, NO. 361, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2136.1. Costs paid by abuser

RS 46:2136.1 - Costs paid by abuser
A. Except as provided in Subsection B of this Section, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this Part shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult, or for any of the children, necessitated by the domestic violence.
B. If the court determines the petition was frivolous, the court may order the nonprevailing party to pay all court costs and reasonable attorney fees of the other party. Failure to appear at a hearing on the petition shall not on its own constitute grounds for assessing court costs and fees against the petitioner.
Acts 1997, No. 1156, §7; Acts 2006, No. 777, §2; Acts 2008, No. 411, §1, eff. June 21, 2008; Acts 2018, No. 264, §4; Acts 2022, No. 416, §2, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2136.3. Prohibition on the possession of firearms by a person against whom a protective order is issued

RS 46:2136.3 - Prohibition on the possession of firearms by a person against whom a protective order is issued
A. Any person against whom the court has issued a permanent injunction or a protective order pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure Articles 30, 320, or 871.1 shall be prohibited from possessing a firearm or carrying a concealed weapon for the duration of the injunction or protective order if both of the following occur:
(1) The permanent injunction or protective order includes a finding that the person subject to the permanent injunction or protective order represents a credible threat to the physical safety of a family member, household member, or dating partner.
(2) The permanent injunction or protective order informs the person subject to the permanent injunction or protective order that the person is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(8) and this Section.
B. For the provisions of this Section, "firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.
C. Whoever violates the provisions of this Section shall be in violation of and subject to the penalties set forth in R.S. 14:79.
Acts 2014, No. 195, §2; Acts 2015, No. 440, §3; Acts 2017, No. 84, §3; Acts 2018, No. 367, §2, eff. Oct. 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2138. Assistance; clerk of court; domestic abuse advocate

RS 46:2138 - Assistance; clerk of court; domestic abuse advocate
A. The clerk of court shall make forms available for making application for protective orders under this Part, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, as supplied by the judicial administrator's office, Louisiana Supreme Court, and provide the services of a notary, where available, for completion of the affidavit required in R.S. 46:2134(D).
B. Domestic abuse advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Part.
C. For purposes of this Section, "domestic abuse advocate" means an employee or representative of a community based shelter providing services to victims of family violence or domestic abuse.
Acts 1983, No. 195, §1; Acts 1997, No. 1156, §7; Acts 2011, No. 234, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2141. Reporting

RS 46:2141 - Reporting
Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant, and the disposition of the case.
Acts 1985, No. 442, §1, eff. July 12, 1985.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2142. Immunity

RS 46:2142 - Immunity
Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest or providing assistance pursuant to the provisions of R.S. 46:2140 and 2141 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided.
Acts 1985, No. 442, §1, eff. July 12, 1985.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2145. Creation; purpose and duties of the commission

RS 46:2145 - Creation; purpose and duties of the commission
A. The Domestic Violence Prevention Commission is hereby created within the Department of Children and Family Services.
B. The commission shall:
(1) Assist local and state leaders in developing and coordinating domestic violence programs.
(2) Conduct a continuing comprehensive review of all existing public and private domestic violence programs to identify gaps in prevention and intervention services and to increase coordination among public and private programs to strengthen prevention and intervention services.
(3) Make recommendations with respect to domestic violence prevention and intervention.
(4) Develop a state needs assessment and a comprehensive and integrated service delivery approach that meets the needs of all domestic violence victims.
(5) Establish a method to transition domestic violence service providers toward evidence-based national best practices focusing on outreach and prevention.
(6) Develop a plan that ensures state laws on domestic violence are properly implemented and provides training to law enforcement and the judiciary.
(7) Develop a framework to collect and integrate data and measure program outcomes.
C. The commission shall annually issue a report of its findings and recommendations to the governor, the speaker of the House of Representatives, and the president of the Senate. The commission shall issue its initial report on or before February 1, 2015, and no later than the first day of February each year thereafter. The report may include any recommendations for legislation that it deems necessary and appropriate. Legislation may be recommended by the commission only upon approval by a two-thirds vote of the commission members present.
Acts 2014, No. 663, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2147. Meetings

RS 46:2147 - Meetings
A. The commission shall hold public meetings quarterly except as otherwise provided by vote of the commission or by order of the chairman.
B. A simple majority of the commission membership shall constitute a quorum for the transaction of business.
C. The commission may establish subcommittees within the commission and appoint members to those subcommittees, including persons outside of the commission membership, as it deems necessary and appropriate to accomplish its goals.
D. The Department of Children and Family Services shall provide to the commission such clerical, administrative, and technical assistance and support as may be necessary to enable the commission to accomplish its goals.
Acts 2014, No. 663, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2148. State domestic violence coalition; appeal hearing prior to disciplinary action; notification requirements; mandatory representation

RS 46:2148 - State domestic violence coalition; appeal hearing prior to disciplinary action; notification requirements; mandatory representation
A. The state domestic violence coalition of Louisiana shall not take any action against a member of the coalition or domestic violence services provider that would adversely affect the member's or provider's ability to furnish shelter or supportive services to the victims of domestic abuse and their families in Louisiana unless all of the following conditions are satisfied:
(1) No less than thirty days prior to the disciplinary action being imposed, the state domestic violence coalition provided to the member or domestic violence services provider written notice containing a description of the proposed disciplinary action, the facts setting forth the basis for the proposed disciplinary action, and a statement that the member or provider has the right to request an appeal hearing before the state domestic violence coalition.
(2) If the member or domestic violence services provider requested an appeal hearing, the state domestic violence coalition gave the member or provider written notice of the scheduled appeal hearing and the opportunity to present arguments or evidence in support of the member's or provider's position.
B.(1) No later than forty-eight hours after any disciplinary action is taken by the coalition against any member of the coalition or domestic violence services provider, the state domestic violence coalition of Louisiana shall give written notice to the Department of Children and Family Services, the House and Senate committees on health and welfare, and the representative and senator for any district for which the member or provider renders services.
(2) The written notification required by this Section shall contain, at a minimum, a description of the disciplinary action and the facts setting forth the basis for the disciplinary action. However, the written notification and any other disclosure shall not contain any privileged communications or records and shall be communicated to the parties listed in Paragraph (1) of this Subsection in strict compliance with the provisions of R.S. 46:2124.1.
C. For the purposes of this Section, "shelter", "state domestic violence coalition", and "supportive services" have the same meaning assigned in 42 U.S.C. 10402.
Acts 2015, No. 328, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2151. Dating violence

RS 46:2151 - Dating violence
A. A victim of a dating partner, as defined in Subsection B of this Section, shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title.
B. For purposes of this Section, "dating partner" means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. "Dating partner" shall not include a casual relationship or ordinary association between persons in a business or social context.
C. For purposes of this Section, "dating violence" includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other.
Acts 2001, No. 1180, §1; Acts 2003, No. 750, §6; Acts 2017, No. 84, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2162. Assistance to victims of human trafficking

RS 46:2162 - Assistance to victims of human trafficking
A. Classification of victims of human trafficking. As soon as practicable after the initial encounter with a person who reasonably appears to a law enforcement agency, a district attorney's office, or the office of the attorney general to be a victim of human trafficking, such agency or office shall:
(1) Notify the Crime Victims Services Bureau of the Department of Public Safety and Corrections that such person may be eligible for services under this Chapter.
(2) Make a preliminary assessment of whether such victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking as defined in the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.) or appears to be otherwise eligible for any federal, state, or local benefits and services.
(a) If it is determined that the victim or possible victim appears to meet such criteria, then the agency or office shall report the finding to the victim and shall refer the child victim to appropriate services available, including legal services providers.
(b) If the victim or possible victim is under the age of eighteen or is an adult in need of protective services pursuant to the provisions of the Adult Protective Services Act, the agency or office shall also notify the appropriate protective service agency.
B. Law enforcement assistance with respect to immigration.
(1) After the agency or office makes a preliminary assessment pursuant to Paragraph (A)(2) of this Section that a victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking as defined in the federal Trafficking Victims Protection Act, and upon the request of such victim, the agency or office shall provide the victim or possible victim of human trafficking with a completed and executed United States Citizenship and Immigration Services (USCIS) Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Human Trafficking in Persons, or a USCIS Form I-918, Supplement B, U Nonimmigrant Status Certification, or both. These forms shall be completed by the certifying officer in accordance with the forms' instructions and applicable rules and regulations.
(2) The victim or possible victim of human trafficking may choose which form to have the certifying officer complete.
Acts 2013, No. 429, §2, eff. June 24, 2013.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2163. Civil cause of action for victims of human trafficking

RS 46:2163 - Civil cause of action for victims of human trafficking
An individual who is a victim of human trafficking shall have a civil cause of action in district court for injunctive relief and to recover actual damages, compensatory damages, punitive damages, and for any other appropriate relief. A prevailing plaintiff shall also be awarded court costs and attorney fees. Treble damages shall be awarded on proof of actual damages where the defendant's actions were willful and malicious.
Acts 2013, No. 429, §2, eff. June 24, 2013.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2166. Composition of the commission

RS 46:2166 - Composition of the commission
A. The commission shall be composed of the following members:
(1) The president of the Louisiana Senate or his designee.
(2) The speaker of the Louisiana House of Representatives or his designee.
(3) The attorney general of the state of Louisiana or his designee.
(4) The secretary of the Louisiana Workforce Commission or his designee.
(5) The state superintendent of education or his designee.
(6) The deputy secretary of the office of juvenile justice of the Department of Public Safety and Corrections or his designee.
(7) The secretary of the Department of Children and Family Services or his designee.
(8) The secretary of the Louisiana Department of Health or his designee.
(9) The secretary of the Department of Public Safety and Corrections or his designee.
(10) The superintendent of the Louisiana State Police or his designee.
(11) The president of the Louisiana Association of Chiefs of Police or his designee.
(12) The executive director of the Louisiana Sheriffs' Association or his designee.
(13) The chief justice of the Louisiana Supreme Court or his designee.
(14) A representative of the Human Trafficking Prevention Commission Advisory Board selected by its members.
(15) The executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.
(16) The state public defender or his designee.
(17) The executive director of the Louisiana District Attorneys Association or his designee.
(18) The executive director of the governor's office of human trafficking prevention.
B. At the first meeting, the members of the commission shall elect from their membership a chairman and a secretary and such other offices as the commission may deem advisable. The president of the Senate or his designee shall preside over the commission until a chairman is elected by the commission.
C. Each member of the commission shall serve for a term concurrent with that of the governor.
D.(1) Each member shall be entitled to designate a single individual as his proxy for the duration of the member's term to serve on any occasion that the member is unable to attend a meeting of the commission. The term of the designated proxy shall be the same as that of the member. A member appointing a designated proxy shall make his appointment known to the chairperson and to the secretary of the commission.
(2) The proxy appointed by a member shall not be subject to the same nominating and appointment procedures that are required for the member for whom he is serving.
(3) No individual shall serve as proxy pursuant to the provisions of this Subsection for more than one member of the commission.
E. Legislative members of the commission shall receive the same per diem and reimbursement of travel expenses as is provided for legislative committees under the rules of the respective houses in which they serve. Nonlegislative commission members shall serve without compensation or per diem.
Acts 2017, No. 181, §1, eff. June 12, 2017; Acts 2021, No. 352, §2, eff. June 17, 2021.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2167. Meetings

RS 46:2167 - Meetings
A. The commission shall hold public meetings quarterly except as otherwise provided by vote of the commission or by order of the chairperson. The governor shall call the first meeting by August 1, 2017.
B. A simple majority of the commission membership shall constitute a quorum for the transaction of business.
C. The commission may establish subcommittees within the commission and appoint members to those subcommittees, including persons outside of the commission membership, as it deems necessary and appropriate to accomplish its goals.
D. The office of human trafficking prevention within the office of the governor shall provide to the commission such clerical, administrative, and technical assistance and support as may be necessary to enable the commission to accomplish its goals.
Acts 2017, No. 181, §1, eff. June 12, 2017; Acts 2021, No. 352, §2, eff. June 17, 2021.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2169. Office of human trafficking prevention

RS 46:2169 - Office of human trafficking prevention
A. The office of human trafficking prevention is hereby created within the office of the governor for the purpose of coordinating resources of public and private entities that develop, manage, operate, and support services and programs for human trafficking victims. The office shall exercise the powers and duties provided in this Part or otherwise provided by law.
B. The office shall be administered by an executive director who shall be appointed by the governor, subject to confirmation by the Senate, to serve at his pleasure.
C. The executive director shall employ necessary staff to carry out the duties and functions of the office as provided in this Part or as otherwise provided by law.
Acts 2021, No. 352, §2, eff. June 17, 2021.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2169.1. Powers and duties

RS 46:2169.1 - Powers and duties
The office shall have the following powers and duties:
(1) To collect all relevant information including facts and statistics related to human trafficking.
(2) To conduct studies of human trafficking activity in Louisiana.
(3) To identify and make available to state agencies and other stakeholders the information on the best practices related to human trafficking activities and the prevention thereof in Louisiana and throughout the nation.
(4) To develop and implement a comprehensive strategic plan to prevent human trafficking and address the needs of human trafficking victims, which shall be provided to the legislature, the Department of Children and Family Services, and any entity required to submit a report under the provisions of R.S. 46:2161(C) and Children's Code Article 725.2(B) by February 1, 2022.
(5) To assist state agencies in reducing duplication of effort in the prevention of human trafficking and the provision of services to human trafficking victims.
(6) To monitor availability of funds from federal and other sources for financing the provision of services to and programs for human trafficking victims and seek funding where appropriate.
(7) To assist state departments and agencies and other stakeholders in drafting plans to maximize the impact of the use of funds identified in Paragraph (6) of this Section.
(8) To maintain a current list of public and private stakeholders providing services to and programs for human trafficking victims.
(9) To monitor and evaluate the effectiveness and efficiency of programs that provide services to and programs for human trafficking victims, and annually report its findings and recommendations to the legislature, the Department of Children and Family Services, and any entity required to submit a report under the provisions of R.S. 46:2161(C) and Children's Code Article 725.2(B).
(10) To provide the leadership and clerical, administrative, and technical assistance and support necessary for the Louisiana Human Trafficking Prevention Commission and the Human Trafficking Prevention Commission Advisory Board to fulfill their duties.
(11) To create and submit reports as required by law.
(12) To compile and submit data to the legislature as provided by law.
(13) To perform all functions reasonably necessary to accomplish the purposes for which the office is created.
Acts 2021, No. 352, §2, eff. June 17, 2021; Acts 2022, No. 271, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2171. Statement of purpose

RS 46:2171 - Statement of purpose
The legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services which will reduce and treat the trauma of stranger and acquaintance stalking. The nature of stalking allegations are sometimes not easily substantiated to meet the prosecution's burden of proving the case beyond a reasonable doubt, and victims of stalking are left without protection. Orders of protection are a proven deterrent that can protect victims of stalking from further victimization; however, many victims are forced to pursue civil orders of protection through ordinary process, often unrepresented, rather than through a shortened, summary proceeding. Additionally, victims of stalking are not always aware of the vast resources available to assist them in recovering from the trauma associated with being a victim of stalking. It is the intent of the legislature to provide a civil remedy for victims of stalking that will afford the victim immediate and easily accessible protection.
Acts 2014, No. 355, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2172. Definitions

RS 46:2172 - Definitions
As used in this Chapter, "stalking" means any act that would constitute the crime of stalking under R.S. 14:40.2 or cyberstalking under R.S. 14:40.3.
Acts 2014, No. 355, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2173. Protection from stalking

RS 46:2173 - Protection from stalking
A victim of stalking by a perpetrator who is a stranger to or acquaintance of the victim shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title, provided the services, benefits, and other forms of assistance are applicable based on the status of the relationship between the victim and perpetrator.
Acts 2014, No. 355, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2174. Assistance to victims of stalking

RS 46:2174 - Assistance to victims of stalking
A person who is engaged in any office, center, or institution referred to as a rape crisis center or battered women's shelter, who has undergone at least forty hours of training and who is engaged in rendering advice, counseling, or assistance to victims may provide the assistance provided for in R.S. 46:2138 to a victim of stalking.
Acts 2014, No. 355, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2181. Legislative purpose

RS 46:2181 - Legislative purpose
A. The legislature hereby finds and declares that sexual assault is a major public health problem and a violation of human rights that affects many women and men at some time in their lives. These effects range from threats of violence or actual violence to the daily limitations that the fear of violence places on victims' lives. The ripple effect of sexual assault threatens the peace, order, health, safety, and general welfare of the state and its residents.
B. According to the Centers for Disease Control and Prevention, approximately one in five women and one in seventy-one men have experienced rape in their lifetime. Rape is recognized as the most under-reported crime, and victims of rape and other forms of sexual assault who do not report the crime still desire safety and protection from future interactions with the offender. Additionally, in some cases the rape or other sexual assault is reported but not prosecuted, as the nature of such allegations are sometimes not easily substantiated to meet the prosecution's burden of proving guilt beyond a reasonable doubt. In such cases, the victims of sexual assault are left without protection.
C. Orders of protection are a proven deterrent that can protect victims of sexual assault from further victimization. However, many victims are forced to pursue civil orders of protection through ordinary process, often unrepresented, rather than through a shortened summary proceeding. Additionally, victims of sexual assault are not always aware of the vast resources available to assist them in recovering from the trauma associated with being a victim of sexual assault.
D. It is the intent of the legislature to provide a civil remedy for all victims of sexual assault that will afford the victim immediate and easily accessible protection.
Acts 2015, No. 242, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2183. Protection from sexual assault; temporary restraining order

RS 46:2183 - Protection from sexual assault; temporary restraining order
A. A victim of sexual assault as defined by R.S. 46:2184, perpetrated by a person who is either unknown to the victim or who is an acquaintance of the victim, shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title.
B. For persons who are eligible, under the provisions of this Chapter, to seek a temporary restraining order pursuant to the provisions of R.S. 46:2135, a showing that the person is or has been a victim of sexual assault shall constitute good cause for purposes of obtaining a temporary restraining order in an ex parte proceeding.
Acts 2015, No. 242, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2184. Definitions

RS 46:2184 - Definitions
For purposes of this Chapter, "sexual assault" means any nonconsensual sexual contact including but not limited to any act provided in R.S. 15:541(24) or obscenity (R.S. 14:106).
Acts 2015, No. 242, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2185. Jurisdiction; venue

RS 46:2185 - Jurisdiction; venue
A. Any court in the state of Louisiana that is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Chapter.
B. Venue under this Chapter lies:
(1) In the parish where the victim resides.
(2) In the parish where the defendant resides.
(3) In the parish where the sexual assault is alleged to have been committed.
Acts 2015, No. 242, §3; Acts 2018, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2186. Assistance; clerk of court; sexual assault advocate

RS 46:2186 - Assistance; clerk of court; sexual assault advocate
A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, notify indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, as supplied by the judicial administrator's office, Louisiana Supreme Court, and provide the services of a notary, where available, for completion of the affidavit required in R.S. 46:2134(D).
B. Sexual assault advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Chapter.
C. For purposes of this Section, "sexual assault advocate" means a person who is engaged by any office, center, or institution referred to as a sexual assault or rape crisis center or similar program, and who has undergone at least forty hours of training and who is engaged in rendering advice, counseling, advocacy, or assistance to victims.
Acts 2015, No. 242, §3.