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Human Trafficking Legislation 2011 and 2012

Human Trafficking Enactments 2011 and 2012

NCSL Civil and Criminal Justice Program

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  • NCSL Criminal Justice Program in Denver, Colorado, (303) 364-7700 or cj-info@ncsl.org.

 

Human trafficking is the control and exploitation of people for profit. As defined under U.S. federal law, victims of human trafficking include children involved in the sex trade, adults age 18 or over who are coerced or deceived into commercial sex acts, and anyone compelled into forced labor.

Human trafficking has become an increased concern for many state legislators throughout the country. This has led to a proliferation of state laws; these laws attack the issue in varying ways. This document provides a state by state abstract for each human trafficking law enacted since 2011.

 


2012 Human Trafficking Legislation

Enacted as of November, 2012



 

 

Alaska HB 359 (2011) Relates to conspiracy to commit human trafficking in the first degree or sex trafficking in the first degree, relates to the crime of furnishing indecent material to minors, online enticement of a minor, prostitution, and the crime of sex trafficking, relates to forfeiture of property used in prostitution offenses, relates to sex offender registration, relates to testimony by video conference, provides for powers of peace officers.
Alaska HCR 28 (2011) Proclaims the month of April 2012 to be Sexual Assault Awareness Month.
Alaska SB 210 (2011) Relates to crimes against children, relates to persons found guilty but mentally ill, sentencing procedures for factors that may increase the presumptive range or affect mandatory parole eligibility, the granting of probation, aggravating factors at sentencing, human trafficking, and the establishment of a task force to evaluate services available to victims of human trafficking, sex trafficking, or promotion of prostitution.
Alabama HR 436 (2012) Urges the enactment of legislation to criminalize the purchase of sex and protect prostituted women and children by offering exit programs, rehabilitation services and other relevant social services.
Alabama SB 50 (2012) Provides for the posting of the National Human Trafficking Resource Center Hotline in establishments that require a liquor license or alcoholic beverage license, specifies penalties for violations.
Arizona HB 2674 (2012) Provides that the criminal history record information shall be provided on submission of the applicant fingerprint card and the prescribed fee.
California AB 1956 (2011) Expands a tattoo removal program under the Division of Juvenile Facilities to serve individuals who were tattooed for identification in trafficking or prostitution and are in the custody of the Department of Corrections and Rehabilitation or county probation departments, who are on parole or probation, or are in a specified community-based organization.
California AB 2040 (2011) Provides that a person who was adjudicated a ward of the court for a violation of provisions prohibiting prostitution may petition a court to have his or her records sealed as these records pertain to the offenses without showing that he or she has not been subsequently convicted of a felony or misdemeanor involving moral turpitude, or that rehabilitation has been attained. Specifies that the relief provided would not be for a person who paid money, or attempted to pay money for prostitution.
California AB 2051 (2011) Authorizes the court to refer a domestic abuse victim who refuses to testify to a domestic violence counselor before finding the victim in contempt of court. Provides that any communication between the counselor and the victim remain confidential. Provides that an order to terminate does not bar further prosecution if the action was the result of the victim's refusal to testify.
California AB 2212 (2011) Classifies a building or place used for the purpose of, or in or upon which are held or occur acts of, human trafficking as a public nuisance. Divides any related civil penalties to fund grants for human trafficking victim services and prevention programs and the city attorney, city prosecutor, or district attorney. Authorizes a court to award certain related costs to government agencies that seek to enjoin the use of a building or place for, or to enjoin acts of, human trafficking.
California AB 2466 (2011) Authorizes a prosecuting agency, at the same time as the filing of a complaint or indictment charging human trafficking, to file a petition for protective relief necessary to preserve property or assets that could be used to pay for remedies relating to human trafficking, including restitution and fines. Specifies the process by which a preliminary injunction, temporary restraining order, or sale of property or assets may be ordered and the process for distribution of the assets if there is a conviction.
California SB 1091 (2011) Expands the list of cases in which a prosecuting witness may have support persons to include, among others, cases involving human trafficking, prostitution, child exploitatiom and obscenity.
California SB 1133 (2011) Relates to the Control of Profits of Organized Crime Act. Authorizes the forfeiture of specified items of value and vehicles used for facilitating and property acquired or received in exchange through human trafficking involving a commercial sex act with a minor victim. Disburses funds to the prosecuting entity, the General Funds to be used for grants to community-based organizations that serve related victims.
California SB 1193 (2011) Requires specified businesses, upon the availability of a model notice, to post a notice that contains information on slavery and human trafficking, including information related to specified nonprofit organizations that provide services in conspicuous places near the entrance of the establishment. Requires the establishments to print the notice in English, Spanish, and in any other language that is the most widely spoken language in the county where the establishment is located. Authorizes civil actions.
Colorado HB 1053 (2012) Concerns the victims' rights act, adds trafficking in adults and children, first degree burglary, retaliation against a judge, and retaliation against a juror to crimes in the victims' rights statute, requires those responsible for criminal justice records to use reasonable efforts to redact social security numbers, relates to release notification, subpoenas, DNA testing, protection orders, victim impact statements and sentence modifications.
Colorado HB 1085 (2012) Creates a statutory exception to the hearsay rule of evidence to admit an otherwise inadmissible out-of-court statement made by a person with a developmental disability under certain circumstances, including in any criminal or delinquency proceeding in which the person is alleged to have been a victim, instances in which the person's statement describes any act of child abuse and instances in which the person's statement describes all or part of an offense involving homicide.
Colorado HB 1151 (2012) Repeals the interagency task force on human trafficking, provides that person convicted of specified trafficking charges may be held liable for actual damages caused to any persons, specifies that any structure used for trafficking shall be deemed a public nuisance and may be seized, confiscated, and forfeited, requires escort service contracts to include a trafficking notice, creates an exception to expungement of a record for trafficking victims, provides that a victim is eligible to receive restitution.
Connecticut HB 5504 (2012) Concerns commercial sexual exploitation of a minor, establishes the crime of commercial sexual exploitation of a minor under which a person may be guilty if such person knowingly publishes, disseminates or displays an advertisement for a commercial sex act which is to take place in this state and includes a depiction of a minor without first ascertaining the true age of the person depicted in the advertisement.
Florida HB 99 (2012) Revises the definitions of the terms abuse, child who is found to be dependent, and sexual abuse of a child, authorizes delivery of children alleged to be dependent and sexually exploited to short-term safe houses, requires assessment of certain children for such placement, provides for child welfare service needs of sexually exploited children, provides for an increased civil penalty for soliciting another to commit prostitution or related acts, permits victim compensation.
Florida HB 437 (2012) Designates Protect Our Children Act of 2012, provides that if more than one child is involved in violation of provisions prohibiting sexual performance by child, each child involved in violation creates separate offense, requires person convicted of video voyeurism violation to register as sexual offender, increases the classification of specified video voyeurism offenses involving minors.
Florida HB 7049 (2012) Provides documentation requirements for operator of massage establishment, relates to list of sexual predator and offender qualifying offenses, criminal penalties, human smuggling, selling or buying of minors into sex trafficking or prostitution, sex trafficking, jurisdiction of a statewide grand jury, authorization for the interception of wire, oral, or electronic communications, sexual offender qualifying offenses and criminal sentencing guidelines.
Florida HB 9093 (2012) Designates July 2012 as "Human Trafficking Awareness Month" in State of Florida.
Georgia HB 1151 (2011) Revises the districts for the election of the members of the board in Wayne County, provides for definitions and inclusions, provides for election, terms of office, and qualifications of members, provides for nonpartisan elections, provides for submission of this act for approval under the federal Voting Rights Act of 1965, as amended, provides for as contingent automatic repeal, repeals conflicting laws.
Georgia HB 1176 (2011) Amends drug and mental health court divisions, penal institutions, probation, increased fees for pretrial intervention and diversion programs, punishments for burglary, theft, shoplifting, counterfeit Universal Product Codes, forgery, deposit account fraud and controlled substances, extends the statute of limitations for cruelty to children in the first degree, rape, aggravated sodomy and child molestation, amends criminal records.
Georgia HR 1151 (2011) Creates the Joint Human Trafficking Study Commission.
Hawaii SB 2576 (2011) Authorizes a person convicted of committing the offense of prostitution to file a motion to vacate the judgment under certain circumstances, establishes procedures for the motion to vacate, establishes conditions of being a victim of a severe form of trafficking, provides for burden of proof, provides that the court shall vacate the conviction upon granting of a motion.
Iowa HB 2390 (2011) Modifies the definition of human trafficking to include knowingly purchasing or attempting to purchase services involving commercial sexual activity from a victim or another person engaged in human trafficking, specifies a person's ignorance of the age of a victim or a belief that a victim was older is no defense to a violation relating to human trafficking, a person who knowingly engages in human trafficking commits a crime.
Idaho SB 1337 (2012) Amends and repeals existing law relating to the sexual exploitation of a child to define a term, revises definitions, removes code references, revises provisions relating to sexual exploitation of a child and penalties, relates to the possession of sexually exploitative material for other than a commercial purpose.
Illinois HB 1907 (2011) Amends the Criminal Code of 1961, adds the Street Gang and Racketeer Influenced and Corrupt Organizations Law as a new Code article, provides it is unlawful for any person who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in such enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt, establishes criminal penalties and civil remedies, revises the definition of enterprise and predicate activity.
Illinois HB 4028 (2011) Amends the Abused and Neglected Child Reporting Act, expands the definition of a specified term to include persons that are the custodian of a child under a specified age who commits or allows to be committed against the child the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, creates an Adoption Advisory Council and its membership, requires the Adoption Registry Council to turn over certain records to the Advisory Council.
Illinois HB 5278 (2011) Amends the Criminal Code, provides that when a victim is a minor, a prosecution for involuntary or involuntary sexual servitude or trafficking in persons may be commenced within a specified time period, makes related changes, including changes to provisions relating to the impoundment of a vehicle used in human trafficking and prostitution offenses and certain payments to law enforcement agencies.
Indiana HB 1080 (2012) Creates a defense to the offense of recruiting, harboring, or transporting a child less than 16 years of age with the intent of inducing the child to participate in forced labor or prostitution if the person is less than 18 years old or within four years of the child's age, or in a dating relationship with the child, provides for sexual battery.
Indiana SB 4 (2012) Provides that recruiting, harboring, or transporting another person to participate in sexual conduct by force, threat of force, or fraud constitutes human trafficking. Provides that a person who recruits, harbors, or transports a child less than 16 years of age with the intent of engaging the child in forced labor, involuntary servitude, prostitution, or sexual conduct commits promotion of human trafficking of a minor, a Class B felony. Prohibits a person at least 18 years of age from selling or transferring custody of a child less than 16 years of age for the purpose of prostitution or participation in sexual conduct. Provides that the name of a victim of human trafficking is confidential for purposes of the public records law.
Indiana SB 26 (2012) Organizes definitions in Title 35, makes technical corrections to provisions regarding title insurance, credit insurance, and accident and sickness insurance policies, property taxation, school tax sources.
Indiana SB 262 (2012) Reorganizes certain crimes relating to state and local administration by relocating and renumbering crimes currently codified as offenses against public administration into a new article, relocates certain other crimes into the criminal code, repeals redundant provisions, repeals a provision adopted in 1855 prohibiting certain governmental officers from recklessly lending more money than they are authorized to lend.
Kansas HB 2318 (2011) Concerns drugs, the crime of armed criminal action, drug treatment programs, electronic prescription and prescription monitoring program, endangerment, conspiracy, human trafficking, rape, child abuse, prostitution, theft, murder, incest, drug manufacturing, unlawful use of recordings, burglary, bribery, smoking in public or places of employment, cruelty to animals, criminal penalties and sentencing, drug abuse treatment programs and pharmacy dispensing.
Kansas HB 2568 (2011) Amends the state offender registration act, includes sexual battery as a sexually violent crime, provides that for an offense requiring registration, a court shall, if the offender is released, complete a notice of duty to register that the offender must sign, requires all offender information to be entered into the national sex offender registry system and inform the registering law enforcement agency of an offender's discharge, prohibits public disclosure of an offender's place of employment on a website.
Kansas SB 282 (2011) Concerns covered offenses and conduct giving rise to forfeiture, fleeing or eluding law enforcement.
Louisiana HB 49 (2012) Requires reporting of recovered children, authorizes expungement of certain juvenile records.
Louisiana HB 138 (2012) Makes technical corrections to sex offender registration and notification provisions relative to a crime against nature and a crime against nature by solicitation, relates to notification provisions relative to the
definition of aggravated offense.
Louisiana SB 4 (2012) Provides that any person who is required to report the sexual abuse of a child, or the abuse or neglect of a child which results in the serious bodily injury, neurological impairment, or death of the child, and the person knowingly and willfully fails to do so commits a crime, redefines mandatory reporter to include a bus driver, coach, professor, technical or vocational instructor, technical or vocational school staff member, college or university administrator or college or university staff member.
Louisiana SB 435 (2012) Requires National Human Trafficking Resource Center hotline information to be posted at sexually oriented businesses, certain businesses that have been found to be a nuisance for prostitution, truck stops and rest stops.
Maryland HB 607 (2012) Requires the business owner of a privately owned bus station or truck stop located in the State to post in restrooms in a specified manner a specified sign that provides National Human Trafficking Resource Center Hotline information, requires an agency that determines a violation has occurred to provide a notice to the business owner of a bus station or truck stop or the business owner's agent, establishes civil penalties, requires the posting of such signs in highway and interstate rest areas.
Maryland HB 860 (2012) Alters the definition of sexual abuse for provisions of law relating to children in need of assistance, child abuse, and child neglect to include specified actions relating to human trafficking, obscene material, pornography, and prostitution.
Maryland SB 352 (2012) Requires the business owner of a privately owned bus station or truck stop located in the State to post in restrooms in a specified manner a specified sign that provides National Human Trafficking Resource Center Hotline information, requires an agency that determines a violation has occurred to provide a notice to the business owner of a bus station or truck stop or the business owner's agent.
Maryland SB 1082 (2012) Alters the definition of sexual abuse for provisions of law relating to children in need of assistance, child abuse, and child neglect to include specified actions relating to human trafficking, obscene material, pornography, and prostitution.
Maine SB 591 (2011) Creates the Sex Offender Registration and Notification Act of 2012, maintains registration and notification provisions, adds a tiering system and the development and application of risk assessment, establishes the state Computer Crimes Unit, increases penalties for sexual exploitation of a minor, dissemination of sexually explicit material and possession of sexually explicit material, amends the crime of aggravated promotion of prostitution.
Michigan HB 5050 (2011) Prohibits the act of and provides penalties for providing false or misleading information regarding a material fact to a peace officer conducting a criminal investigation, provides exceptions for victims or persons acting under duress or out of a reasonable fear of retaliation to himself or herself by a spouse or former spouse or a person with whom he or she has or had a dating relationship, or resident or former resident of his or her household.
Minnesota HB 2967 (2011) Updates equalizing factors and threshold rates to reflect the changed adjusted net tax capacity tax base, updates education and human services appropriations, provides for historic site admissions fees, student transportation study, veterans job-training program, soft body armor, state colleges, supplemental budget appropriations, newborn screening test samples and supportive housing for victims of human trafficking.
Minnesota SB 1675 (2011) Modifies provisions related to children and family services, reforms adoptions under guardianship of the commissioner, modifies statutory provisions related to child support, relates to employer payroll taxes and unemployment taxes, employee health and disability insurance, liability insurance, and workers' compensation insurance.
Mississippi HB 16 (2012) Requires mandatory reporting of sex crimes against minors, defines terms, provides immunity from civil or criminal liability for a mandatory reporter who makes a required report, specifies the information the report shall contain, provides for the maintenance of forensic samples, specifies penalties for violations, relates to the termination of a pregnancy that is suspected of being the result of a sex crime against a minor.
Mississippi SB 2376 (2012) Creates a felony level of the offense of voyeurism when the victim is a child under a certain age, creates a felony level of the offense of photographing or filming another without permission when the victim is a child under a certain age, conforms the definition of sex offense under the sex offender registration law for the purposes of this act.
North Carolina SB 910 (2011) Creates the criminal offense of unlawful sale, surrender, or purchase of a minor, requires the state conference of district attorneys to conduct a study to determine what other measures may be needed to stop this type of criminal activity, clarifies when, to whom, and under what circumstances the identity of a person reporting child abuse or neglect may be released, clarifies what information the Division of Social Services is required to maintain in the foster care registry and when it can be released.
Nebraska LB 1145 (2011) Changes and provides provisions and penalties relating to human trafficking and pandering, requires the placement of posters informing victims of services and medical attention at high schools, postsecondary education institutions, gas stations, hotels, hospitals, health care clinics, urgent care centers, airports, train stations, bus stations and other appropriate locations around the state, provides for the training of law enforcement officials regarding human trafficking.
New York AB 9053 (2011) Makes appropriations for the support of Government Aid to Localities budget,  authorizes an increase in community college fees under certain conditions.
Ohio HB 262 (2011) Relates to victims of human trafficking, peace officer training, public awareness, authorization for juvenile court to hold prostitution complaints in abeyance, victim rights to awards from the Victims of Crime Fund, hotlines, increased penalties for trafficking, prohibited solicitation of minor victims of trafficking, records expungement, informational posters regarding human trafficking and requirements that agencies that grants licenses for trades and professions receive trafficking related training.
Oklahoma HB 2518 (2011) Modifies the definition of human trafficking for commercial sex, provides that the consent of a minor to certain activity shall not constitute a defense.
Oklahoma SB 1734 (2011) Modifies investigative authority of agents of the Director of Narcotics and Dangerous Drugs Control to include the crimes of money laundering and human trafficking, allows any peace officer to conduct investigations and make an arrest of any person the officer has probable cause to believe is involved in money laundering or human trafficking activities.
Oregon HB 4016 (2012) Adds employee or volunteer of organization providing child-related services or activities, employee of higher education institution, coach, assistant coach or trainer of child athlete and individual who provides guidance, instruction or training in youth development activity, and youth camps, to list of public and private officials required to report child abuse.
Oregon HB 4146 (2012) Requires expungement of juvenile records for contact involving prostitution when subject was under 18 years of age at time of offense without waiting period and, if no objection is filed, without hearing.
Pennsylvania HB 235 (2011) Provides for the National Human Trafficking Resource Center Hotline Notification Act, requires posting of hot line information by businesses, specifies web sites and fines, provides for administrative law hearings, relates to hotels, bars, restaurants, airports, highway rest areas, adult entertainment enterprises and massage parlors, includes enterprises with liquor licenses and hotels or motels that are drug-related or prostitution nuisances, provides for municipal enforcement and victims' services.
Pennsylvania HR 529 (2011) Recognizes January 11, 2012, as "National Human Trafficking Awareness Day."
Pennsylvania HR 686 (2011) Designates April 28, 2012, as "Take It All Back Day."
Pennsylvania SB 100 (2011) Amends the Judiciary and Judicial Procedure Code and the Prisons and Parole Code, relates to burglary, mentally ill offenders, group homes, sanctions, guidelines, probation violations, drug trafficking, visitors, prelease plans and early parole, provides for court-imposed sanctions for offenders violating probation, provides for motivational boot camp, county intermediate punishment programs and recidivism risk reduction incentive.
Pennsylvania SR 244 (2011) Recognizes January 11, 2012, as National Human Trafficking Awareness Day.
South Carolina HB 3757 (2011) Provides for certain human trafficking offenses, provides penalties, provides for criminal liability of business entities, provides restitution for victims of human trafficking offenses, establishes an interagency task force, requires the collection and dissemination of data related to human trafficking by the State Law Enforcement Division, provides a trafficking prevention program, provides penalties for disclosure of shelter locations of victims of trafficking, relates to forced labor.
South Carolina HB 4813 (2011) Makes appropriations, provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2012, regulates the expenditure of such funds, provides for the operation of state government during this fiscal year.
South Dakota SB 146 (2012) Provides for an affirmative defense of compulsion for the crime of prostitution, provides that it is an affirmative defense to a charge of prostitution if the defendant proves that the defendant is a victim of human trafficking.
Tennesee HB 2489 (2011) Relates to remedies and special proceedings, creates civil right of action for victims of human trafficking offenses.
Tennessee HB 2823 (2011) Relates to criminal offenses, grants immunity from prosecution for prostitution where a person is a victim of involuntary labor servitude, sexual servitude, or where the person is a victim as defined under the federal Trafficking Victims Protection Act.
Tennessee HJR 679 (2011) Relates to naming and designating Human Trafficking Awareness Month in Tennessee, May 2012.
Tennessee HJR 938 (2011) Recognizes Ryan Dalton, Director of Anti-trafficking Operations with Operation Broken Silence.
Tennessee SB 2370 (2011) Relates to the Department of Human Services, requires a plan for the state to assist in rehabilitating victims of human trafficking, provides that the plan shall include a timeline to anticipate when the state would be capable of implementing the plan, anticipated rates of assistance, cost of implementation and an itemized rationale, provides for coordination of services for health care, mental health care, legal services, housing, job training, education and victim compensation funds.
Tennessee SB 2371 (2011) Creates the offense of trafficking for commercial sex acts and describes acts that constitute the crime, relates to minors.
Utah HB 17 (2012) Creates the Sex and Kidnap Offender Registry, requires an Internet registry with a specified disclaimer, provides that members of the public are not allowed to use the information to harass or threaten offenders or their families, relates to nonresidents and illegal immigrants, provide immunity from civil damages for good faith compliance regarding the entry of information, relates to crimes against children, identification cards and driver licenses.
Utah HB 97 (2012) Modifies the Criminal Code regarding offenses that constitute racketeering by a pattern of unlawful activity, adds the offenses of human trafficking, human smuggling, and aggravated human trafficking to the list of offenses that, when conducted as a pattern of unlawful activity, would constitute the offense of racketeering.
Utah HB 276 (2012) Amends the Criminal Code regarding the offense of aiding prostitution, provides that any person who provides any service or commits any act that enables another person to commit a prostitution violation or facilitates another person's ability to commit such violation or receives any benefit for committing any such acts is guilty of aiding prostitution.
Virgina HB 546 (2012) Relates to crimes by criminal street gangs, includes within the definition of predicate criminal act the offenses of the taking or detaining of any person into a place for the purpose of prostitution and the receiving of money from earnings of any person engaged in prostitution.
Virginia HB 1188 (2012) Relates to human trafficking, relates to information for public schools, requires the Board of Education, with assistance from the Department of Social Services, to provide awareness and training materials for local school divisions on human trafficking, including strategies for the prevention of trafficking of children, provides for such materials to be available to students, parents, school resource officers, counselors and school personnel.
Virginia HB 1200 (2012) Relates to human trafficking hotline, requires posted notices, provides that any person who owns a business that provides entertainment commonly called stripteasing, topless entertaining or entertainment that has employees who are not clad both above and below the waist and who fails to post a specific notice in a clearly visible place on the premises thereof is guilty of a Class 1 misdemeanor, requires inclusion of the number of the National Human Trafficking Resource Center Hotline.
Virginia HB 1301 (2012) Provides that appropriations of the budget providing a portion of revenues for the two years ending respectively on June 30, 2013, and June 30, 2014, authorizes an annual food-related inspection fee, requires the modernization of the unemployment insurance benefits and tax system.
Virginia SB 259 (2012) Requires the Board of Education, with assistance from the Department of Social Services, to provide awareness and training materials for local school divisions on human trafficking, including strategies for the prevention of trafficking of children.
Vermont SB 122 (2011) Proposes to permit a person to file a motion to vacate a prostitution conviction if the conviction was the result of the person having been a victim of human trafficking, provides for an address confidentiality program.
Washington HB 1983 (2011) Increases fee assessments for prostitution crimes, directs the revenue to the arresting city or county for increased enforcement of sex crimes and preventative measures, including educational programs for offenders and rehabilitative programs for individuals involved in the sex trade.
Washington HB 2048 (2011) Increases the document recording surcharge for local homeless housing and assistance, adds requirements relating to housing vouchers to the Department of Commerce and local governments, requires County Auditors to produce and submit to the department a list of documents that are subject to the surcharge.
Washington HB 2692 (2011) Concerns the reduction of the commercial sale of sex, modifies certain penalties, provides that specified revenue must be spent on prevention, including education programs for offenders, and rehabilitative services such as mental health and substance abuse counseling, housing relief, and vocational training.
Washington SB 6103 (2011) Provides that no one may practice reflexology or represent themselves as a reflexologist unless certified by the Department of Health, provides the qualification factors for education and the examination for such certification, prohibits advertising as a reflexologist unless certified, authorizes the adoption of necessary rules and regulations and procedures necessary to administer the program, includes massage therapy.
Washington SB 6251 (2011) Addresses the crime of advertising commercial sexual abuse of a minor, provides that the crime is a class C felony, provides a defense in that the defendant made a bona fide attempt to ascertain the true age of the minor depicted in the advertisement by requesting identification documents.
Washington SB 6252 (2011) Revises the definition of criminal profiteering for purposes of the Criminal Profiteering Act, to include commercial sexual abuse of a minor and promoting commercial sexual abuse of a minor.
Washington SB 6253 (2011) Concerns seizure and forfeiture of property in commercial promoting prostitution in the first degree crimes, includes forfeiture of investment funds, vehicles and security interests.
Washington SB 6254 (2011) Provides that a person is guilty of promoting prostitution when that person compels another person with a mental incapacity or developmental disability that renders the person incapable of consent to engage in prostitution or profits from prostitution that results from such compulsion.
Washington SB 6255 (2011) Concerns victims of human trafficking and promoting prostitution, relates to vacation of sentence under certain circumstances.
Washington SB 6256 (2011) Adds promoting commercial sexual abuse of a minor to the list of criminal street gang-related offenses that are committed to provide the gang with any advantage in or control or dominance over a market sector.
Washington SB 6257 (2011) Addresses a sexually explicit performance, a sexually explicit act of a minor or profits from a minor engaged in sexual conduct.
Washington SR 8663 (2011) Honors organizations that are fighting against human trafficking.
Wisconsin SB 536 (2011) Relates to prosecution time limits for the offense of trafficking a child, possession of child pornography and termination of parental rights after committing the offense of trafficking a child, relates to criminal procedure, crime victim compensation and penalties.
West Virginia HB 4053 (2012) Relates to kidnapping and human trafficking, establishes standards governing training to effectively investigate human trafficking offenses and procedures for implementation of a course in investigation of human trafficking offenses, creates new criminal offenses of human trafficking, involuntary servitude, sexual servitude of a minor, unlawful conduct with respect to documents and obstruction of the enforcement of human trafficking provisions.









2011 Human Trafficking Legislation

Enacted as of January 11, 2012


Arizona HB 2405 (2011) Relates to human smuggling organizations, provides offenses, penalties and that a person so convicted shall not be eligible for suspension of sentence, probation or pardon until the sentence has been served, the person is eligible for release or the sentence is commuted; provides for temporary release under certain circumstances.
California AB 12 (2011) Enacts the Abolition of Child Commerce, Exploitation and Sexual Slavery Act of 2011. Requires that anyone convicted of seeking to procure or procuring the sexual services of a prostitute, if the prostitute is under age 18, be ordered to pay an additional fine, not to exceed a specified amount, to fund programs and services for commercially exploited minors in the counties where the underlying offenses are committed.
California AB 90 (2011) Includes within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, anyone under age 18 to engage in a commercial sex act.

Requires deposit of forfeiture proceeds from the above-referenced criminal activity into the Victim-Witness Assistance Fund for counseling and prevention programs.
California AB 764 (2011) Allows taxpayers to designate on their tax returns that a specified amount in excess of the tax liability be transferred to the Child Victims of Human Trafficking Fund established in the State Treasury.

Provides that all money contributed to the fund, upon appropriation by the Legislature, be allocated to the Franchise Tax Board and the controller for reimbursement of costs, as provided, and to the California Emergency Management Agency, which would administer the funds granted to community-based organizations that serve minor victims of human trafficking, as provided.
California ACR 6 (2011) This resolution would recognize the month of January as National Slavery and Human Trafficking Prevention Month and Feb. 1, 2011, as California's Free from Slavery Day. The Legislature recognizes the vital role California can play in preventing, and one day ending, modern slavery. 
Colorado SB 85 (2011) Concerns a diversion program (prostitution program courts) for those who commit prostitution-related offenses.
Florida HB 1127 (2011) Relates to abortions; requires that an ultrasound be performed on all women obtaining an abortion; requires that the ultrasound be reviewed with the patient before the woman gives informed consent for an abortion; requires that the woman must certify in writing that she declined to review the ultrasound and did so of her own free will and without undue influence; and provides an exception for victims of rape, incest, domestic violence, human trafficking or for women whose medical condition requires an abortion. Companion Bill FL SB 1744 (2011).
Georgia HB 200 (2011) Discourages trafficking of people for labor or sexual servitude and provides greater protections to those subject to such crimes. Provides for notification of federal assistance for certain people under the Crime Victims' Bill of Rights, and increases penalties for crimes involving youth.
Idaho HB 235 (2011) Relates to the Criminal Gang Enforcement Act; revises the definition of the term “pattern of criminal gang activity” to include reference to certain crimes, including possession of a weapon, bomb or destructive device, and sexual exploitation or battery of a child; and establishes the maximum period of imprisonment that may be imposed for related crimes, including crimes committed on school grounds.
Illinois SB 1037 (2011) Amends the Criminal Code to allow motions to vacate a verdict of guilty in crimes that involve prostitution when the crime is later found to result from having been a victim of human trafficking. Includes involuntary sexual servitude of a minor.
Iowa SF 120 (2011) Adds grounds for which the Board of Educational Examiners is required to disqualify an applicant or to revoke a license; includes enticing a minor and human trafficking; includes crimes committed in another jurisdiction; and relates to any comparable offense that may be prosecuted in federal, military or foreign court.
Kansas HB 2010 (2011) Relates to civil procedure; relates to covered offenses and conduct giving rise to forfeiture to include theft, criminal discharge of a firearm, gambling, Medicaid fraud, dog and cock fighting or dog and cock fighting paraphernalia, prostitution, human trafficking, worthless checks, forgery, mistreatment of a dependent adult, identity theft or identity fraud, and criminal use of a financial card.
Kansas SB 37 (2011) Amends the State Offender Registration Act regarding people who are required to register under out-of-state law and for offenses not otherwise required; relates to juvenile sex offenders, sexual exploitation of a child, sexually violent crimes, drug offenders, registration fees, registration violations, child care facility notification of registration, sex offender reporting, the registration time period for certain offenses, diversionary agreements or probation, Internet posting, and criminal records expungement.
Louisiana HB 49 (2011) Relates to human trafficking; relates to the crimes of human trafficking and trafficking of children for sexual purposes; amends the elements of those crimes; provides for definitions; and provides for penalties.
Louisiana SCR 58 (2011) Requests various public agencies and private associations and stakeholders to collaborate through the Human Trafficking of Minors Study Group to study and make recommendations to the Legislature about methods that can be used to help eliminate human trafficking of minors in Louisiana.
Maryland HB 345 (2011) Adds specified human trafficking offenses to those crimes for which evidence may be gathered by, and a judge may grant an order authorizing, interception of oral, wire or electronic communications.
Maryland HB 674 (2011) Requires the State Department of Education, in collaboration with the Department of Health and Mental Hygiene, to provide awareness and training for student services directors in local education agencies on human trafficking, including strategies to prevent trafficking of children.
Maryland SB 299 (2011) Adds human trafficking offenses to those crimes for which evidence may be gathered by interception of oral, wire or electronic communications by investigative or law enforcement officers; provides that a judge may grant an order authorizing such wiretapping; and relates to murder, kidnapping, sexual offenses, child abuse, child pornography, gambling, robbery, bribery, extortion, controlled substances, fraudulent insurance acts and destructive devices.
Maryland SB 327 (2011) Enacts the Human Trafficking Victim Protection Act; authorizes anyone convicted of prostitution to file a motion to vacate the judgment under certain circumstances; requires the court to hold a hearing on the motion under certain circumstances; authorizes the court to take certain actions in ruling on the motion; requires the court to state on the record the reasons for its ruling on the motion; and establishes that a defendant in a proceeding under this act has the burden of proof. 
Massachusetts HB 3808 (2011) The legislation establishes the state crime of human trafficking for sexual servitude. Defined as intentionally subjecting, enticing, harboring, transporting or delivering another with the intent that the person engage in sexually explicit performance, production of pornography or sexual conduct for a fee or benefiting from sexual conduct of another, human trafficking for sexual servitude is now punishable by a mandatory-minimum term of five years, with a potential maximum sentence of up to 20 years, and a fine of up to $25,000. Human trafficking for sexual servitude involving a victim under 18 carries a potential maximum sentence of life in prison. A business entity convicted of human trafficking for sexual servitude may be fined up to $1 million.
Missouri HB 214 (2011) Revises human trafficking laws; expands the crimes of abuse of an individual through forced labor, slavery, involuntary servitude, peonage, sexual exploitation and sexual trafficking of a child; provides related criminal penalties; requires the court to order restitution; and provides an affirmative defense for prostitution.
New York AB 6800 (2011) Extends the Interagency Task Force on Human Trafficking until Sept. 1, 2013.
Ohio HB 86 (2011) A person convicted of specified sex crimes cannot possess a photograph of the victim while they are serving their sentence.
Pennsylvania SR 12 (2011) A resolution recognizing Jan. 11, 2011, as National Human Trafficking Awareness Day in Pennsylvania.
Pennsylvania SB 1183 (2011) Modifies prostitution of a minor and unlawful restraint of a minor laws.
South Dakota SB 176 (2011) Provides for the crime of human trafficking, to establish the elements and degrees of the crime, and to provide penalties for the violation thereof; provides that no one may recruit, harbor, transport, provide or obtain, by any means, another person, knowing that force, fraud or coercion will be used to cause the person to engage in prostitution, forced labor or involuntary servitude; and provides for criminal penalties.
Texas HCR 68 (2011) Requests the lieutenant governor and the speaker of the House of Representatives to create a joint interim committee to study human trafficking in Texas.
Texas HB 1930 (2011) Relates to the membership and duties of the Human Trafficking Prevention Task Force. Examines the extent to which human trafficking is associated with the operation of sexually oriented businesses and the workplace or public health concerns that are created by the association of human trafficking and the operation of sexually oriented businesses.
Texas HR 1578 (2011) Recognizes April 27, 2011, as Anti-Human Trafficking Day at the State Capitol.
Texas SR 826 (2011) Recognizes April 27, 2011, as Anti-Human Trafficking Day at the State Capitol.
Tennessee HB 172 (2011) The National Human Trafficking Resource Center Hotline Act Creates an obligation for certain businesses to post the following sign. National Human Trafficking Resource Center Hotline at 1-888-373-7888. If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work or any other activity - call the National Human Trafficking Hotline at 1-888-373-7888 to access help and services. Victims of human trafficking are protected under United States and Tennessee law.
Tennessee HB 171 (2011) As introduced, provides that real and personal property used in committing human trafficking offenses is subject to judicial forfeiture seizure and provides for disposition of funds from forfeited assets. Companion bill Tennessee SB 604 (2011).
Virginia HB 1898 (2011) Amends existing law to make punishable as a Class 2 felony abduction of any child under age 16 for the purpose of concubinage or prostitution, of any one for the purpose of prostitution, or of any minor for the purpose of manufacturing child pornography.
Virginia HB 2190 (2011) Requires the Department of Social Services to develop a plan to provide services to victims of human trafficking, which shall include provisions for identifying victims of human trafficking in the Commonwealth; helping human trafficking victims to apply for benefits and services to which they may be entitled; coordinating delivery of services for victims of human trafficking; preparing and disseminating educational and training programs and materials to increase awareness of human trafficking and services available to victims; developing and maintaining community-based services for victims of human trafficking; and helping victims to reunify with family reunification or return to their place of origin, if he or she so desires.
Virginia SB 1453 (2011) Department of Criminal Justice Services; human trafficking. Requires the Department of Criminal Justice Services to, in conjunction with the Office of the Attorney General, advise law enforcement agencies and attorneys for the Commonwealth regarding identification, investigation, and prosecution of human trafficking offenses using the common law and existing Virginia criminal statutes.
Virginia HJR 561 (2010) (Adopted in 2011) Designates Jan. 11 in 2011 and in each succeeding year as Global Human Trafficking Awareness Day in Virginia. The effort by individuals, businesses, organizations and governing bodies to promote the annual observance of the National Day of Human Trafficking Awareness on January 11 represents one of many examples of the ongoing commitment in the United States to raise awareness of and opposition to human trafficking.
Vermont HB 153 (2011) Proposes to establish a comprehensive system of criminal penalties and prevention programs for human trafficking, and a program of services for human trafficking victims; and provides criminal punishments for child sex trafficking.
Vermont HCR 26 (2011) Creates National Human Trafficking Awareness Month in Vermont.
Washington HB 1874 (2011) Permits law enforcement personnel to record a communication with one party's consent if there is probable cause to believe the communication involves commercial sexual abuse of a minor, promotes commercial sexual abuse of a minor, or promotes travel for commercial sexual abuse of a minor; and permits law enforcement personnel to employ a minor in investigating certain sex offenses when the minor's aid is limited to telephonic or electronic communication or when an investigation is authorized by the one-party consent laws. Companion bill Washington SB 5545 (2011).
Washington SB 5482 (2011) Authorizes existing funding to house victims of human trafficking and their families.

The Department of Commerce must use these funds to provide housing and shelter for extremely low-income households, including, but not limited to, housing for victims of human trafficking and their families and grants for building operation and maintenance costs of housing projects or units within housing projects that are affordable to extremely low-income households with incomes at or below 30 percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses.
Washington SB 5546 (2011) Concerns changes to the crime of human trafficking.
Washington SR 8605 (2011) Observes National Slavery and Human Trafficking Prevention month.
 

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