HF 1461

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to public safety; providing training and public awareness initiatives
on human trafficking; amending Minnesota Statutes 2008, section 299A.79,
subdivisions 2, 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 299A.79, subdivision 2, is amended to
read:

Subd. 2.

new text begin Human trafficking new text end training deleted text begin plan deleted text end .

deleted text begin The training plan required in
subdivision 1 must include deleted text end new text begin (a) As used in this section new text end :

deleted text begin (1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods; deleted text end

deleted text begin (2) methods for prosecuting traffickers; deleted text end

deleted text begin (3) methods for protecting the rights of trafficking victims, taking into account
the need to consider human rights and special needs of women and children trafficking
victims; and deleted text end

deleted text begin (4) methods for promoting the safety of trafficking victims.
deleted text end

new text begin (1) "governmental agencies" include, at a minimum, state and local health and
human services agencies; law enforcement agencies, and prosecutorial offices; and
administrative and state court judges, magistrates, and referees; and
new text end

new text begin (2) "nongovernmental organizations" include nonprofit organizations such as
social service providers, health care providers, emergency shelters, and other nonprofit
organizations that provide services to trafficking victims, including those included under
federal law.
new text end

new text begin (b) The commissioner shall provide governmental agencies and nongovernmental
organizations throughout Minnesota with training on human trafficking in all its forms,
including, but not limited to, sex trafficking, labor trafficking, and human trafficking as
defined under Minnesota and federal law.
new text end

new text begin (c) The training required under paragraph (b) must focus on:
new text end

new text begin (1) Minnesota and federal laws relevant to human trafficking;
new text end

new text begin (2) methods used in identifying victims of human trafficking as defined in Minnesota
and federal law, including preliminary interview techniques and appropriate questioning
methods;
new text end

new text begin (3) methods for prosecuting traffickers under Minnesota and federal law;
new text end

new text begin (4) methods of increasing effective collaboration with nongovernmental
organizations and other relevant social service organizations in the course of investigating
and prosecuting a trafficking case;
new text end

new text begin (5) methods for protecting the rights of victims, taking into account the need to
consider the human rights and specific needs of all women and minor victims, including
American Indian women and girls, and that victims should be treated as victims rather
than criminals; and
new text end

new text begin (6) methods for promoting the safety of victims, including, but not limited to, safety
in the use of the Internet.
new text end

new text begin (d) The commissioner shall develop and deliver training with the input and
participation of appropriate nongovernmental organizations and other relevant
organizations. The commissioner may also contract with outside organizations to assist
with the duties to be performed under this section.
new text end

Sec. 2.

Minnesota Statutes 2008, section 299A.79, subdivision 3, is amended to read:

Subd. 3.

Public awareness initiative.

deleted text begin The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects deleted text end new text begin (a) The commissioner,
in cooperation with appropriate nongovernmental organizations, shall prepare public
awareness programs designed to educate potential victims of human trafficking and their
families about the risks of victimization. Materials must increase public awareness of the
causes of human trafficking, of the solutions to preventing and ending human trafficking,
and of the problems faced by trafficking victims. The public awareness programs must
include, but not be limited to new text end :

(1) new text begin information about new text end the risks of becoming a new text begin sex new text end trafficking victim new text begin , including
information about common recruitment techniques; use of debt bondage, forced labor or
services, and prostitution and other coercive tactics; risk of maltreatment, rape, exposure
to HIV/AIDS, and other sexually transmitted diseases; and psychological harm related to
victimization in trafficking cases new text end ;

(2) deleted text begin common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm deleted text end new text begin information
about the risks of engaging in commercial sex, including potential criminal penalties new text end ;

(3) deleted text begin crime deleted text end new text begin information about the risks of becoming a labor trafficking victim;
new text end

new text begin (4) information about new text end victims' rights new text begin in Minnesota new text end ; deleted text begin and deleted text end

deleted text begin (4) deleted text end new text begin (5) methods of new text end reporting deleted text begin recruitment activities involved in trafficking. deleted text end new text begin suspected
recruitment activities; and
new text end

new text begin (6) information about local and national hotlines and available victims' services.
new text end

new text begin (b) The commissioner, in cooperation with other appropriate governmental agencies
and appropriate nongovernmental organizations, shall prepare and disseminate general
public awareness materials to educate the public on the extent of human trafficking in
Minnesota and the United States, and discourage the demand that fosters the exploitation
of persons that leads to trafficking.
new text end

new text begin (c) General public awareness materials under paragraph (b) may include information
on the impact of trafficking on individual victims, aggregate information on trafficking
worldwide and domestically, and warnings of the criminal consequences of engaging in
trafficking as defined under both Minnesota and federal law. These materials may include
pamphlets, brochures, posters, advertisements in mass media, and any other appropriate
media.
new text end

new text begin (d) Materials described in this subdivision may include information on the impact
of trafficking on individual victims. However, any information on the experiences of
individual victims must preserve the privacy of the victim and the victim's family.
new text end

new text begin (e) Materials must be provided in languages other than English, and must be posted
on the Internet and otherwise made generally available. The state demographer shall
determine and report to the commissioner the languages that are common enough in the
state to merit translations.
new text end

new text begin (f) All public awareness programs must be evaluated periodically to ensure their
effectiveness.
new text end

Sec. 3.

Minnesota Statutes 2008, section 299A.79, subdivision 4, is amended to read:

Subd. 4.

Report to legislature.

The commissioner shall report deleted text begin the plan deleted text end new text begin progress
under this section new text end to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice policy
and funding by December 15 deleted text begin , 2006 deleted text end new text begin of each year new text end .