S. 2925 “Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010"

Sponsor: Senator Ron Wyden (D-OR)

Introduced: 12/22/09

Last Action: 12/21/2010 Passed/agreed to in House. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Co-Sponsors: 7

Purpose: To establish a grant program to benefit victims of sex trafficking.

The bill expresses the sense of Congress that:

  • The Attorney General should implement changes to the National Crime Information Center (NCIC) to identify endangered juveniles to ensure that: 
    • A child entered into the database will be automatically designated as an endangered juvenile if the child has been reported missing not less than 3 times in a I –year period;
    • The database be programmed to cross-reference newly entered reports with existing and older entries in the database; and
    •  The database be programmed to include a visual cue on the record if a child designated as an endangered juvenile.  
  • funds awarded under Byrne/JAG should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors;
  • states should treat minor victims not as criminal defendants or juvenile delinquents, but as crime victims. States should also adopt laws that protect minors who are victims and make sure they are eligible for compensation.

The grant authorizes the Assistant Attorney General for the Office of Justice Programs to award up to six, one-year block grants in the amount of $2,500,000 to state or local governments in different regions of the United States that have significant sex trafficking to combat such trafficking. At least one grant must go to a state with a population of less than 5 million.

Requires grant funds to be used to:

  • provide shelter and services to victims of sex trafficking(at least 25% of the grant); and
  • for training for law enforcement and social service providers(at least 10% of the grant).

Grants may be used:

  • to provide shelter to domestic minor victims, including temporary or long-term placement;
  • to provide victims with clothing and other daily necessities;
  • for counseling and legal services for victims of sex trafficking , including substance abuse treatment, trauma-informed care, and sexual abuse or other mental health counseling;
  • for specialized training for law enforcement personnel and social service providers;
  • for funding salaries for law enforcement, patrol officers, detectives, investigators, State and local prosecutors;
  • to assist in paying trial expenses for prosecution of sex trafficking offenders;
  • for investigation expenses;
  • for outreach and education programs to provide information about deterrence and prevention, including programs to provide treatment to men charged with solicitation of prostitution in cases where the men were not charged with solicitation of sex with a minor and where it is an appropriate alternative to criminal prosecution.

Amends title IV of the Social Security Act (Grants to States for Needy Families with Children and for Child-Welfare Services) to require states to adopt procedures for reporting information on missing or abducted children for entry into the NCIC database.

Amends the Crime Control Act of 1990 to require:

  • the Attorney General's annual statistical summary under such Act to include the total number of missing child reports received and the total number of entries made to the NCIC database; and
  • state law enforcement agencies to update the record of a missing child with a photograph taken within the previous 180 days and to notify the National Center for Missing and Exploited Children of each report of a child missing from a foster care, family home, or childcare institutions; and

Amends the trafficking Victims Reauthorization Act of 2008 to require state antitrafficking statutes to include safe harbor provisions for exploited children.

Requires the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that the guidelines provide an additional penalty for sex trafficking of children and other abuse crimes.

 The federal criminal code is amended to:

  • expand protection of minor victims and witnesses from harassment or intimidation
  • impose a minimum one-year prison term for possession of certain child pornography; and
  • allow the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service.

Please contact Susan Frederick, Sheri Steisel, orJennifer Arguinzoni in the Washington, D.C. office at (202)-624-5400 with any questions.

Prepared by: Jennifer Arguinzoni, NCSL