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Current as of January 01, 2023 | Updated by Findlaw Staff
A. (1) Any person who is convicted or pleads guilty or nolo contendere to any of the following offenses shall be ordered to pay a mandatory monetary assessment of two thousand dollars:
(a) Battery of a dating partner under R.S. 14:34.9(E), (F), (L), (M), (N), (O), or (P).
(b) Domestic abuse battery under R.S. 14:35.3(L), (M), (N), (O), or (P).
(c) First degree rape under R.S. 14:42.
(d) Second degree rape under R.S. 14:42.1.
(e) Sexual battery under R.S. 14:43.1(C)(2) or (3).
(f) Second degree sexual battery under R.S. 14:43.2.
(g) Oral sexual battery under R.S. 14:43.3.
(h) Aggravated kidnapping of a child under R.S. 14:44.2.
(i) Human trafficking under R.S. 14:46.2.
(j) Trafficking of children for sexual purposes under R.S. 14:46.3.
(k) Pornography involving juveniles under R.S. 14:81.1.
(l) Molestation of a juvenile or a person with a physical or mental disability under R.S. 14:81.2.
(m) Computer-aided solicitation of a minor under R.S. 14:81.3.
(n) Possessing, trafficking, or importing a child sex doll under R.S. 14:81.6.
(o) Prostitution with persons under eighteen under R.S. 14:82.1.
(p) Purchase of commercial sexual activity under R.S. 14:82.2.
(q) Soliciting for prostitutes under R.S. 14:83(B)(2) or (3).
(r) Promoting prostitution under R.S. 14:83.2(B)(2) or (3).
(s) Pandering under R.S. 14:84(B)(2) or (3).
(t) Enticing persons into prostitution under R.S. 14:86(B)(1)(b) or (c).
(u) Aggravated crime against nature under R.S. 14:89.1.
(v) Crime against nature by solicitation under R.S. 14:89.2(B)(3)(a) or (b).
(w) Sexual battery of persons with infirmities under R.S. 14:93.5.
(2) Notwithstanding any law to the contrary, the assessments provided by this Section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law. Nothing in this Section shall alter the dispositions of fines and forfeitures ordered by the court under R.S. 15:571.11. If the court finds that the offender is indigent and therefore unable to pay the mandatory assessment at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
B. (1) There is established in the state treasury the Survivor Special Fund, hereinafter referred to as the “fund”. Appropriations by the legislature and all monetary assessments paid and interest accrued on funds collected pursuant to Subsection A of this Section shall be deposited into the Bond Security and Redemption Fund, and after a sufficient amount is allocated from the Bond Security and Redemption Fund to pay all the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay the remainder of such monies into the fund. The fund shall be subject to public audit.
(2) Subject to appropriation by the legislature and except as provided in Paragraph (3) of this Subsection, monies in the fund shall be used for the provision of services and treatment to adult and minor victims of human trafficking, domestic violence, and sexual assault.
(3) Subject to appropriation by the legislature, the monies in the fund shall be administered to the Office of Human Trafficking Prevention for disbursement as follows:
(a) Twenty-five percent of the monies to child advocacy centers, in compliance with Children's Code Article 524, for programs to serve child victims of sexual abuse, physical abuse, neglect, or human trafficking in this state.
(b) Twenty-five percent of the monies to the state domestic violence coalition, as defined in 42 U.S.C. 10402, for distribution to member programs that provide community services and shelter programs to victims of domestic violence pursuant to R.S. 46:2124.
(c) Fifty percent of the monies to accredited sexual assault crisis centers within this state, as defined in R.S. 46:2187(A), to serve victims of sexual assault and exploitation.
(4) The governor's office of human trafficking prevention is authorized to retain not more than ten percent of the monies in the fund for necessary and associated administrative expenses of the fund.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 15, § 539.2. Survivor Special Fund - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-15-sect-539-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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