1.1 	A bill for an act
1.2 	relating to public safety; directing the commissioner of public safety to analyze 
1.3 	and use trafficking data to address trafficking problems in Minnesota; directing 
1.4 	the commissioner of public safety to establish policies to provide assistance 
1.5 	to trafficking victims; creating a human trafficking task force; creating the 
1.6 	unclassified service position of trafficking coordinator; enhancing penalties for 
1.7 	trafficking crimes; appropriating money;amending Minnesota Statutes 2005 
1.8 	Supplement, sections 299A.78; 609.282; 609.283; proposing coding for new law 
1.9 	in Minnesota Statutes, chapter 299A.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	ARTICLE 1
1.12 	DEPARTMENT OF PUBLIC SAFETY; 
1.13 	HUMAN TRAFFICKING TASK FORCE

1.14 	Section 1. Minnesota Statutes 2005 Supplement, section 299A.78, is amended to read:
1.15 	299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
1.16 		Subdivision 1.Definitions. For purposes of sections 299A.78 to 299A.785
1.17 	299A.7955, the following definitions apply:
1.18 	(a) "Commissioner" means the commissioner of the Department of Public Safety.
1.19 	(b) "Nongovernmental organizations" means nonprofit, nongovernmental 
1.20 	organizations that provide legal, social, or other community services.
1.21 	(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
1.22 	(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
1.23 	(e) "Forced labor or services" has the meaning given in section 609.281, subdivision 
1.24 	4.
1.25 	(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
2.1 	(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 
2.2 	6.
2.3 	(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
2.4 	(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
2.5 	(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
2.6 	(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking 
2.7 	victim."
2.8 		Subd. 2.General duties. The commissioner of public safety, in cooperation with 
2.9 	local authorities, shall:
2.10 	(1) collect, share, and compile trafficking data among government agencies to assess 
2.11 	the nature and extent of trafficking in Minnesota.;
2.12 	(2) analyze collected data to develop a plan to address and prevent human 
2.13 	trafficking; and
2.14 	(3) use its analyses to establish policies to enable state government to work with 
2.15 	nongovernmental organizations and other elements of civil society to provide assistance to 
2.16 	trafficking victims.
2.17 		Subd. 3.Outside services. As provided for in section 15.061, the commissioner of 
2.18 	public safety may contract with professional or technical services in connection with the 
2.19 	duties to be performed under section sections 299A.785, 299A.79, and 299A.795. The 
2.20 	commissioner may also contract with other outside organizations to assist with the duties 
2.21 	to be performed under section sections 299A.785, 299A.79, and 299A.795.

2.22 	EFFECTIVE DATE.  This section is effective July 1, 2006.

2.23 	Sec. 2. [299A.79] TRAFFICKING STUDY; ANALYSIS AND USE OF DATA. 
2.24 		Subdivision 1.Data analysis.   The commissioner shall analyze the data collected in 
2.25 	section 299A.785 to develop and carry out a plan to address current trafficking and prevent 
2.26 	future trafficking in Minnesota. The commissioner may evaluate various approaches used 
2.27 	by other state and local governments to address trafficking. The plan shall include, but 
2.28 	not be limited to, the following initiatives: 
2.29 	(1) training agencies, organizations, and officials involved in law enforcement, 
2.30 	prosecution, and social services; 
2.31 	(2) increasing public awareness of trafficking; and 
2.32 	(3) establishing procedures to enable the state government to work with 
2.33 	nongovernmental organizations to prevent trafficking. 
3.1 		Subd. 2. Training initiatives.  The commissioner shall provide and strengthen 
3.2 	training for law enforcement, prosecutors, social services, and other relevant officials in 
3.3 	addressing trafficking. The training shall include: 
3.4 	(1) methods used in identifying trafficking victims, including preliminary interview 
3.5 	techniques and appropriate interrogation methods; 
3.6 	(2) methods for prosecuting traffickers; 
3.7 	(3) methods for protecting the rights of trafficking victims, taking into account 
3.8 	the need to consider human rights and special needs of women and children trafficking 
3.9 	victims; and 
3.10 	(4) methods for promoting the safety of trafficking victims.
3.11 		Subd. 3. Awareness initiatives.  (a) The commissioner shall, in cooperation 
3.12 	with appropriate nongovernmental organizations, establish public awareness programs 
3.13 	designed to educate persons at risk of trafficking. The programs shall include, but not be 
3.14 	limited to, information on the following subjects: 
3.15 	(1) the risks of becoming a trafficking victim; 
3.16 	(2) common recruitment techniques; use of debt bondage, blackmail, forced labor 
3.17 	and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual 
3.18 	conduct, exposure to sexually transmitted diseases, and psychological harm;
3.19 	(3) crime victims??a??a?? rights; and 
3.20 	(4) reporting recruitment activities involved in trafficking. 
3.21 	(b) The commissioner shall, in cooperation with appropriate agencies and 
3.22 	nongovernmental organizations, disseminate public awareness materials to educate the 
3.23 	public on the extent of trafficking and to discourage the demand that fosters and leads to 
3.24 	trafficking, in women and children in particular. These materials may include information 
3.25 	on: 
3.26 	(1) the impact of trafficking on individual victims; 
3.27 	(2) the aggregate impact of trafficking worldwide and domestically; and 
3.28 	(3) the criminal consequences of trafficking. 
3.29 	The materials may be disseminated by way of the following mediums: pamphlets, 
3.30 	brochures, posters, advertisements in mass media, or any other appropriate methods. All 
3.31 	materials must preserve the privacy of any individual trafficking victim and the victim??a??a??s 
3.32 	family.
3.33 		Subd. 4. Annual evaluation.  The commissioner shall evaluate its training and 
3.34 	awareness initiatives annually to ensure their effectiveness. 

3.35 	EFFECTIVE DATE. This section is effective July 1, 2006. 

4.1 	Sec. 3. [299A.795] TRAFFICKING VICTIM ASSISTANCE.
4.2 	(a) The commissioner shall establish policies to enable state government to work 
4.3 	with nongovernmental organizations and other elements of civil society to provide 
4.4 	assistance to trafficking victims.
4.5 	(b) The commissioner may review the existing services and facilities to meet 
4.6 	trafficking victims??a??a?? needs and recommend a plan that would coordinate such services 
4.7 	including, but not limited to:
4.8 	(1) medical and mental health services; 
4.9 	(2) housing; 
4.10 	(3) education and job training; 
4.11 	(4) English as a second language; 
4.12 	(5) interpreting services; 
4.13 	(6) legal and immigration services; and 
4.14 	(7) victim compensation. 

4.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

4.16 	Sec. 4. [299A.7955] HUMAN TRAFFICKING TASK FORCE; COORDINATOR.
4.17 		Subdivision 1.Creation and duties.  By December 1, 2006, the commissioner shall 
4.18 	appoint a 22-member task force on human trafficking to advise the commissioner on its 
4.19 	duties, as well as the implementation and continued operation of the initiatives set forth in 
4.20 	sections 299A.78 to 299A.795. The task force shall also serve as a liaison between the 
4.21 	commissioner and agencies and nongovernmental organizations that provide services 
4.22 	to trafficking victims. The members shall receive expense reimbursement as specified 
4.23 	in section 15.059.
4.24 		Subd. 2. Membership.  To the extent possible, the human trafficking task force 
4.25 	consists of the following individuals, or their designees, who are knowledgeable in 
4.26 	trafficking, crime victims??a??a?? rights, or violence protection:
4.27 	(1) a representative of the Minnesota Police Chiefs??a??a?? Association; 	
4.28 	(2) a representative of the Bureau of Criminal Apprehension; 
4.29 	(3) a representative of the Minnesota Sheriffs??a??a?? Association; 
4.30 	(4) a peace officer who works and resides in the metropolitan area, composed of 
4.31 	Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties; 
4.32 	(5) a peace officer who works and resides in the nonmetropolitan area; 
4.33 	(6) a county attorney who works in Hennepin County; 
4.34 	(7) a county attorney who works in Ramsey County; 
4.35 	(8) a representative of the attorney general; 
5.1 	(9) a representative of the Department of Public Safety??a??a??s office of justice program;
5.2 	(10) a representative of the federal Homeland Security Office; 
5.3 	(11) a representative of the Department of Health and Human Services;
5.4 	(12) the chair or executive director of the Council on Asian-Pacific Minnesotans; 	  
5.5 	(13) the chair or executive director of the Minnesota Chicano Latino Affairs Council;  
5.6 	(14) a representative of the United States Attorney's Office; and
5.7 	(15) eight representatives from nongovernmental organizations which may include 
5.8 	representatives of: 
5.9 	(i) the Minnesota Coalition for Battered Women; 
5.10 	(ii) the Minnesota Coalition Against Sexual Assault; 
5.11 	(iii) a statewide or local organization that provides civil legal services to women 
5.12 	and children; 
5.13 	(iv) a statewide or local organization that provides mental health services to women 
5.14 	and children; 
5.15 	 (v) a statewide or local human rights and social justice advocacy organization;
5.16 	 (vi) a statewide or local organization that provides services to victims of torture, 
5.17 	trauma, or human trafficking;
5.18 	(vii) a statewide or local organization that serves the needs of immigrants and 
5.19 	refugee women and children from diverse ethnic communities; and 
5.20 	 (viii) a statewide or local organization that provides legal services to low income 
5.21 	immigrants.
5.22 		Subd. 3. Officers; meetings.  (a) The task force shall annually elect a chair and 
5.23 	vice-chair from among its members, and may elect other officers as necessary.  The task 
5.24 	force shall meet at least quarterly, or upon the call of its chair. The task force shall meet 
5.25 	sufficiently enough to accomplish the tasks identified in this section. 
5.26 	(b) The task force shall seek out and enlist the cooperation and assistance of 
5.27 	nongovernmental organizations and academic researchers, especially those specializing in 
5.28 	trafficking, representing diverse communities disproportionately affected by trafficking, or 
5.29 	focusing on child services and runaway services.
5.30 		Subd. 4. Coordinator.  The commissioner of public safety shall appoint a statewide 
5.31 	trafficking coordinator recommended by the task force. The coordinator is a position 
5.32 	in the unclassified service and shall continue beyond the dissolution of the committee. 
5.33 	The coordinator shall:
5.34 	(1) coordinate and monitor the activities of the agencies implementing sections 
5.35 	299A.78 to 299A.795;
6.1 	(2) facilitate local efforts and ensure statewide coordination of efforts to prevent 
6.2 	trafficking;
6.3 	(3) facilitate training for personnel; 
6.4 	(4) monitor compliance with investigative protocols; and 
6.5 	(5) implement an outcome evaluation and data quality control process.
6.6 		Subd. 5. Expiration.  Notwithstanding section 15.059, the task force expires June 
6.7 	30, 2011, or once it has implemented and evaluated the programs and policies in sections 
6.8 	299A.78 to 299A.795 to the satisfaction of the commissioner, whichever occurs first. 

6.9 	EFFECTIVE DATE. This section is effective July 1, 2006. 

6.10 	Sec. 5. APPROPRIATION.
 6.11 	$200,000 is appropriated in fiscal year 2007 from the general fund to the 
6.12 	commissioner of public safety to carry out the commissioner's duties in sections 1 to 4. 
6.13 	The base for this appropriation is $200,000 in fiscal year 2008 and $150,000 thereafter 
6.14 	until the task force expires.

6.15 	EFFECTIVE DATE. This section is effective July 1, 2006. 

6.16 	ARTICLE 2
6.17 	CRIMINAL PROVISIONS

6.18 	Section 1. Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
6.19 	609.282 LABOR TRAFFICKING.
6.20 		Subdivision 1. Individuals under age 18.  Whoever knowingly engages in the 
6.21 	labor trafficking of an individual who is under the age of 18 is guilty of a crime and 
6.22 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
6.23 	not more than $40,000, or both.
6.24 		Subd. 2. Other offenses.  Whoever knowingly engages in the labor trafficking of 
6.25 	another is guilty of a crime and may be sentenced to imprisonment for not more than 15 
6.26 	years or to payment of a fine of not more than $30,000, or both. 
6.27 		Subd. 3. Consent or age of victim not a defense.  In a prosecution under this 
6.28 	section the consent or age of the victim is not a defense.

6.29 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
6.30 	committed on or after that date. 

7.1 	Sec. 2. Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
7.2 	609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN 
7.3 	FURTHERANCE OF LABOR OR SEX TRAFFICKING.
7.4 		Subdivision 1. Crime defined.  Unless the person's conduct constitutes a violation 
7.5 	of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or 
7.6 	possesses any actual or purported passport or other immigration document, or any other 
7.7 	actual or purported government identification document, of another person:
7.8 	(1) in the course of a violation of section 609.282 or 609.322;
7.9 	(2) with intent to violate section 609.282 or 609.322; or
7.10 	(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, 
7.11 	a person's liberty to move or travel, in order to maintain the labor or services of that person, 
7.12 	when the person is or has been a victim of a violation of section 609.282 or 609.322;
7.13 	is guilty of a crime and may be sentenced as provided in subdivision 2. 
7.14 		Subd. 2. Penalties.  A person who violates subdivision 1 may be sentenced as 
7.15 	follows: 
7.16 	(1) if the crime involves a victim under the age of 18, to imprisonment for not more 
7.17 	than ten years or to payment of a fine of $20,000, or both; or 
7.18 	(2) in other cases, to imprisonment for not more than five years or to payment of 
7.19 	a fine of not more than $10,000, or both. 
7.20 		Subd. 3. Consent or age of victim not a defense.  In a prosecution under this 
7.21 	section the consent or age of the victim is not a defense.

7.22 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
7.23 	committed on or after that date.