LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 306 SLS 24RS 170
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 1, 2024 11:24 AM Author: CATHEY
Dept./Agy.: Corrections
Subject: Penalty for Human Trafficking Analyst: Daniel Druilhet
CRIME/PUNISHMENT EN SEE FISC NOTE GF EX Page 1 of 1
Increases the penalty for human trafficking involving sexual activity of persons under the age of eighteen. (8/1/24)
Current law prohibits any person from engaging in human trafficking. Proposed law adds knowingly selling another person through fraud, force, or coercion
to provide services or labor for a purpose other than engaging in commercial sexual activity as behavior included within the prohibition against human
trafficking; proposes that offenders who engage in human trafficking when the services include commercial sexual activity or a sex offense shall be
sentenced to no more than 20 years at hard labor, and fined not more than $15,000; provides a sentence of imprisonment of no less than 15 nor more than
50 years at hard labor, or a fine of no more than $50,000, or both, for any person convicted of human trafficking of a person under the age of 21 but over
the age of 18 to engage in commercial sexual activity; provides a life sentence of imprisonment, without the benefit of probation, parole, or suspension of
sentence, and a fine of no more than $75,000, for any person convicted of knowingly engaging in, benefitting from, facilitating, or advertising human
trafficking or trafficking a person under 18 years of age for the purpose of engaging in commercial sexual activity; provides affirmative defenses for victims
of human trafficking or a sex offense for prosecutions of prostitution, prostitution by massage, massage with sexual conduct prohibited, crime against
nature, and crime against nature by solicitation; provides a sentence of imprisonment of 15 nor more than 50 years at hard labor, or both, for parents or
legal guardians who engage in human trafficking by consenting to a minor engaging in human trafficking, and for victims under 18, a sentence of
imprisonment for no less than 25 nor more than 50 years (10 without the benefit of parole, probation, or suspension of sentence).
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety & Corrections
- Corrections Services, to the extent that an offender is convicted of human trafficking when the services include commercial
sexual activity or a sex offense, human trafficking of a person under the age of 21 but over the age of 18 to engage in
commercial sexual activity, or knowingly engaging in, benefitting from, facilitating, or advertising human trafficking or
trafficking a person under 18 years of age for the purpose of engaging in commercial sexual activity. While the proposed
law maintains the current sentences of imprisonment and fines in current law, it adds knowingly selling another person
through fraud, force, or coercion to provide services or labor for a purpose other than engaging in commercial sexual activity
as applicable to the crime of human trafficking. Further, it establishes a tiered approach contingent on the age of the
victims, and adds a life sentence of imprisonment for offenders whose victims are under the age of 18 years old, which has
the effect of adding a longer sentence of imprisonment for those convicted. The exact fiscal impact of the passage of this
legislation is indeterminable, as it is not known how many people will be convicted and incarcerated or the length of
sentences imposed on those who are convicted as a result of this change to current law.
For illustrative purposes, SGF expenditures will increase by $107.60 per offender per day to the extent that an offender is
convicted and then housed in a state facility or $26.39 per offender per day for an offender housed in a local facility.
Corrections Services reports that impacts on offender populations are anticipated to affect the number of offenders held in
local facilities. Corrections Services reports that in managing its offender population, it seeks to fill all beds in state facilities
first, then assigns overflow offenders to local facilities.
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of convictions of human trafficking. The
exact fiscal impact of the passage of this legislation on local revenue is indeterminable, as the fines that would be imposed
on those convicted are optional (notwithstanding the mandatory fine assessed with the enhanced penalty of a life sentence
of imprisonment), and the number of fines that will be imposed on offenders convicted of proposed law may vary. The
potential revenue will accrue to the local governing authority.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer
Statutes affected: SB306 Original: 14:2(A)(1), 14:3(D)
SB306 Engrossed: 14:2(A)(1), 14:3(D)
SB306 Reengrossed: 14:2(A)(1), 14:3(D)
SB306 Enrolled: 14:2(A)(1), 14:3(D)
SB306 Act 586: 14:2(A)(1), 14:3(D)