HF 1760

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; criminalizing certain acts 
  1.3             related to the unlawful trafficking in persons; 
  1.4             providing for the forfeiture of certain property of 
  1.5             the offender in these cases; specifically including 
  1.6             conduct involving sex trafficking in the promoting of 
  1.7             prostitution crime; modifying the distribution formula 
  1.8             for prostitution and sex trafficking-related 
  1.9             forfeiture proceeds; requiring a trafficking study; 
  1.10            requiring the commissioner of public safety to collect 
  1.11            and analyze trafficking data and undertake law 
  1.12            enforcement and other agency training initiatives; 
  1.13            requiring the commissioner to establish public 
  1.14            awareness programs designed to target persons at risk 
  1.15            of trafficking; requiring the commissioner to 
  1.16            coordinate services for trafficking victims; 
  1.17            establishing a trafficking interagency advisory 
  1.18            committee; providing for appointment of a trafficking 
  1.19            coordinator; appropriating money; amending Minnesota 
  1.20            Statutes 2004, sections 609.321, subdivisions 1, 7, by 
  1.21            adding subdivisions; 609.325, by adding a subdivision; 
  1.22            609.531, subdivision 1; 609.5315, subdivision 1, by 
  1.23            adding a subdivision; 628.26; proposing coding for new 
  1.24            law in Minnesota Statutes, chapters 299A; 609.  
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27                   CRIMINAL AND CIVIL PROVISIONS
  1.28     Section 1.  [609.281] [DEFINITIONS.] 
  1.29     Subdivision 1.  [GENERALLY.] As used in sections 609.281 to 
  1.30  609.284, the following terms have the meanings given. 
  1.31     Subd. 2.  [BLACKMAIL.] "Blackmail" means a threat to expose 
  1.32  any fact or alleged fact tending to cause shame or to subject 
  1.33  any person to hatred, contempt, or ridicule. 
  1.34     Subd. 3.  [DEBT BONDAGE.] "Debt bondage" means the status 
  1.35  or condition of a debtor arising from a pledge by the debtor of 
  2.1   the debtor's personal services or those of a person under the 
  2.2   debtor's control as a security for debt, if the value of those 
  2.3   services as reasonably assessed is not applied toward the 
  2.4   liquidation of the debt or the length and nature of those 
  2.5   services are not respectively limited and defined. 
  2.6      Subd. 4.  [FORCED LABOR OR SERVICES.] "Forced labor or 
  2.7   services" means labor or services that are performed or provided 
  2.8   by another person and are obtained or maintained through an 
  2.9   actor's: 
  2.10     (1) threat, either implicit or explicit, scheme, plan, or 
  2.11  pattern, or other action intended to cause a person to believe 
  2.12  that, if the person did not perform or provide the labor or 
  2.13  services, that person or another person would suffer bodily harm 
  2.14  or physical restraint; 
  2.15     (2) physically restraining or threatening to physically 
  2.16  restrain a person; 
  2.17     (3) abuse or threatened abuse of the legal process; 
  2.18     (4) knowingly destroying, concealing, removing, 
  2.19  confiscating, or possessing any actual or purported passport or 
  2.20  other immigration document, or any other actual or purported 
  2.21  government identification document, of another person; or 
  2.22     (5) use of blackmail.  
  2.23     Subd. 5.  [LABOR TRAFFICKING.] "Labor trafficking" means 
  2.24  the recruitment, transportation, transfer, harboring, 
  2.25  enticement, provision, obtaining, or receipt of a person by any 
  2.26  means, whether a United States citizen or foreign national, for 
  2.27  the purpose of: 
  2.28     (1) debt bondage or forced labor or services; 
  2.29     (2) slavery or practices similar to slavery; or 
  2.30     (3) the removal of organs through the use of coercion or 
  2.31  intimidation. 
  2.32     Subd. 6.  [LABOR TRAFFICKING VICTIM.] "Labor trafficking 
  2.33  victim" means a person subjected to the practices in subdivision 
  2.34  5. 
  2.35     Sec. 2.  [609.282] [LABOR TRAFFICKING.] 
  2.36     Whoever knowingly engages in the labor trafficking of 
  3.1   another is guilty of a crime and may be sentenced to 
  3.2   imprisonment for not more than 15 years or to payment of a fine 
  3.3   of not more than $30,000, or both. 
  3.4      Sec. 3.  [609.283] [UNLAWFUL CONDUCT WITH RESPECT TO 
  3.5   DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.] 
  3.6      Unless the person's conduct constitutes a violation of 
  3.7   section 609.282, a person who knowingly destroys, conceals, 
  3.8   removes, confiscates, or possesses any actual or purported 
  3.9   passport or other immigration document, or any other actual or 
  3.10  purported government identification document, of another person: 
  3.11     (1) in the course of a violation of section 609.282 or 
  3.12  609.322; 
  3.13     (2) with intent to violate section 609.282 or 609.322; or 
  3.14     (3) to prevent or restrict or to attempt to prevent or 
  3.15  restrict, without lawful authority, a person's liberty to move 
  3.16  or travel, in order to maintain the labor or services of that 
  3.17  person, when the person is or has been a victim of a violation 
  3.18  of section 609.282 or 609.322; 
  3.19  is guilty of a crime and may be sentenced to imprisonment for 
  3.20  not more than five years or to payment of a fine of not more 
  3.21  than $10,000, or both. 
  3.22     Sec. 4.  [609.284] [LABOR OR SEX TRAFFICKING CRIMES; 
  3.23  DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.] 
  3.24     Subdivision 1.  [CONSENT OR AGE OF VICTIM NOT A 
  3.25  DEFENSE.] In a prosecution under section 609.282 or 609.283, the 
  3.26  consent or age of the victim is not a defense. 
  3.27     Subd. 2.  [CIVIL LIABILITY.] A labor trafficking victim may 
  3.28  bring a cause of action against a person who violates section 
  3.29  609.282 or 609.283.  The court may award damages, including 
  3.30  punitive damages, reasonable attorney fees, and other litigation 
  3.31  costs reasonably incurred by the victim. 
  3.32     Subd. 3.  [CORPORATE LIABILITY.] If a corporation or other 
  3.33  business enterprise is convicted of violating section 609.282, 
  3.34  609.283, or 609.322, in addition to the criminal penalties 
  3.35  described in those sections and other remedies provided 
  3.36  elsewhere in law, the court may, when appropriate:  
  4.1      (1) order its dissolution or reorganization; 
  4.2      (2) order the suspension or revocation of any license, 
  4.3   permit, or prior approval granted to it by a state agency; or 
  4.4      (3) order the surrender of its charter if it is organized 
  4.5   under Minnesota law or the revocation of its certificate to 
  4.6   conduct business in Minnesota if it is not organized under 
  4.7   Minnesota law.  
  4.8      Sec. 5.  Minnesota Statutes 2004, section 609.321, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [SCOPE.] For the purposes of sections 
  4.11  609.321 to 609.324 609.325, the following terms have the 
  4.12  meanings given.  
  4.13     Sec. 6.  Minnesota Statutes 2004, section 609.321, 
  4.14  subdivision 7, is amended to read: 
  4.15     Subd. 7.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
  4.16  "Promotes the prostitution of an individual" means any of the 
  4.17  following wherein the person knowingly:  
  4.18     (1) solicits or procures patrons for a prostitute; or 
  4.19     (2) provides, leases or otherwise permits premises or 
  4.20  facilities owned or controlled by the person to aid the 
  4.21  prostitution of an individual; or 
  4.22     (3) owns, manages, supervises, controls, keeps or operates, 
  4.23  either alone or with others, a place of prostitution to aid the 
  4.24  prostitution of an individual; or 
  4.25     (4) owns, manages, supervises, controls, operates, 
  4.26  institutes, aids or facilitates, either alone or with others, a 
  4.27  business of prostitution to aid the prostitution of an 
  4.28  individual; or 
  4.29     (5) admits a patron to a place of prostitution to aid the 
  4.30  prostitution of an individual; or 
  4.31     (6) transports an individual from one point within this 
  4.32  state to another point either within or without this state, or 
  4.33  brings an individual into this state to aid the prostitution of 
  4.34  the individual; or 
  4.35     (7) engages in the sex trafficking of an individual.  
  4.36     Sec. 7.  Minnesota Statutes 2004, section 609.321, is 
  5.1   amended by adding a subdivision to read: 
  5.2      Subd. 7a.  [SEX TRAFFICKING.] "Sex trafficking" means 
  5.3   receiving, recruiting, enticing, harboring, providing, or 
  5.4   obtaining by any means an individual to aid in the prostitution 
  5.5   of the individual.  
  5.6      Sec. 8.  Minnesota Statutes 2004, section 609.321, is 
  5.7   amended by adding a subdivision to read: 
  5.8      Subd. 7b.  [SEX TRAFFICKING VICTIM.] "Sex trafficking 
  5.9   victim" means a person subjected to the practices in subdivision 
  5.10  7a.  
  5.11     Sec. 9.  Minnesota Statutes 2004, section 609.325, is 
  5.12  amended by adding a subdivision to read: 
  5.13     Subd. 4.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
  5.14  defense to a charge under section 609.324 if the defendant 
  5.15  proves by a preponderance of the evidence that the defendant is 
  5.16  a labor trafficking victim, as defined in section 609.281, or a 
  5.17  sex trafficking victim, as defined in section 609.321, and that 
  5.18  the defendant committed the act only under compulsion by another 
  5.19  who by explicit or implicit threats created a reasonable 
  5.20  apprehension in the mind of the defendant that if the defendant 
  5.21  did not commit the act, the person would inflict bodily harm 
  5.22  upon the defendant.  
  5.23     Sec. 10.  Minnesota Statutes 2004, section 609.531, 
  5.24  subdivision 1, is amended to read: 
  5.25     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  5.26  609.531 to 609.5318, the following terms have the meanings given 
  5.27  them.  
  5.28     (a) "Conveyance device" means a device used for 
  5.29  transportation and includes, but is not limited to, a motor 
  5.30  vehicle, trailer, snowmobile, airplane, and vessel and any 
  5.31  equipment attached to it.  The term "conveyance device" does not 
  5.32  include property which is, in fact, itself stolen or taken in 
  5.33  violation of the law.  
  5.34     (b) "Weapon used" means a dangerous weapon as defined under 
  5.35  section 609.02, subdivision 6, that the actor used or had in 
  5.36  possession in furtherance of a crime.  
  6.1      (c) "Property" means property as defined in section 609.52, 
  6.2   subdivision 1, clause (1).  
  6.3      (d) "Contraband" means property which is illegal to possess 
  6.4   under Minnesota law.  
  6.5      (e) "Appropriate agency" means the Bureau of Criminal 
  6.6   Apprehension, the Minnesota Division of Driver and Vehicle 
  6.7   Services, the Minnesota State Patrol, a county sheriff's 
  6.8   department, the Suburban Hennepin Regional Park District park 
  6.9   rangers, the Department of Natural Resources Division of 
  6.10  Enforcement, the University of Minnesota Police Department, or a 
  6.11  city or airport police department.  
  6.12     (f) "Designated offense" includes:  
  6.13     (1) for weapons used:  any violation of this chapter, 
  6.14  chapter 152, or chapter 624; 
  6.15     (2) for driver's license or identification card 
  6.16  transactions:  any violation of section 171.22; and 
  6.17     (3) for all other purposes:  a felony violation of, or a 
  6.18  felony-level attempt or conspiracy to violate, section 325E.17; 
  6.19  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  6.20  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 
  6.21  609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 
  6.22  609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 
  6.23  1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, 
  6.24  clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466; 
  6.25  609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 
  6.26  609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 
  6.27  609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 
  6.28  3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 
  6.29  609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or 
  6.30  felony violation of section 609.891 or 624.7181; or any 
  6.31  violation of section 609.324. 
  6.32     (g) "Controlled substance" has the meaning given in section 
  6.33  152.01, subdivision 4.  
  6.34     Sec. 11.  Minnesota Statutes 2004, section 609.5315, 
  6.35  subdivision 1, is amended to read: 
  6.36     Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
  7.1   (b), if the court finds under section 609.5313, 609.5314, or 
  7.2   609.5318 that the property is subject to forfeiture, it shall 
  7.3   order the appropriate agency to do one of the following: 
  7.4      (1) unless a different disposition is provided under clause 
  7.5   (3) or (4), either destroy firearms, ammunition, and firearm 
  7.6   accessories that the agency decides not to use for law 
  7.7   enforcement purposes under clause (8), or sell them to federally 
  7.8   licensed firearms dealers, as defined in section 624.7161, 
  7.9   subdivision 1, and distribute the proceeds under subdivision 
  7.10  5 or 5b; 
  7.11     (2) sell property that is not required to be destroyed by 
  7.12  law and is not harmful to the public and distribute the proceeds 
  7.13  under subdivision 5 or 5b; 
  7.14     (3) sell antique firearms, as defined in section 624.712, 
  7.15  subdivision 3, to the public and distribute the proceeds under 
  7.16  subdivision 5 or 5b; 
  7.17     (4) destroy or use for law enforcement purposes 
  7.18  semiautomatic military-style assault weapons, as defined in 
  7.19  section 624.712, subdivision 7; 
  7.20     (5) take custody of the property and remove it for 
  7.21  disposition in accordance with law; 
  7.22     (6) forward the property to the federal drug enforcement 
  7.23  administration; 
  7.24     (7) disburse money as provided under subdivision 5 or 5b; 
  7.25  or 
  7.26     (8) keep property other than money for official use by the 
  7.27  agency and the prosecuting agency. 
  7.28     (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
  7.29  county sheriff may not sell firearms, ammunition, or firearms 
  7.30  accessories if the policy is disapproved by the applicable 
  7.31  county board. 
  7.32     Sec. 12.  Minnesota Statutes 2004, section 609.5315, is 
  7.33  amended by adding a subdivision to read: 
  7.34     Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
  7.35  TRAFFICKING OF PERSONS; REPORT REQUIRED.] (a) For forfeitures 
  7.36  resulting from violations of section 609.282, 609.283, or 
  8.1   609.322, the money or proceeds from the sale of forfeited 
  8.2   property, after payment of seizure, storage, forfeiture, and 
  8.3   sale expenses, and satisfaction of valid liens against the 
  8.4   property, must be distributed as follows: 
  8.5      (1) 40 percent of the proceeds must be forwarded to the 
  8.6   appropriate agency for deposit as a supplement to the agency's 
  8.7   operating fund or similar fund for use in law enforcement; 
  8.8      (2) 20 percent of the proceeds must be forwarded to the 
  8.9   county attorney or other prosecuting agency that handled the 
  8.10  forfeiture for deposit as a supplement to its operating fund or 
  8.11  similar fund for prosecutorial purposes; and 
  8.12     (3) the remaining 40 percent of the proceeds must be 
  8.13  forwarded to the commissioner of public safety and are 
  8.14  appropriated to the commissioner for distribution to crime 
  8.15  victims services organizations that provide services to victims 
  8.16  of trafficking offenses. 
  8.17     (b) By February 15 of each year, the commissioner of public 
  8.18  safety shall report to the chairs and ranking minority members 
  8.19  of the senate and house committees or divisions having 
  8.20  jurisdiction over criminal justice funding on the money 
  8.21  collected under paragraph (a), clause (3).  The report must 
  8.22  indicate the following relating to the preceding calendar year: 
  8.23     (1) the amount of money appropriated to the commissioner; 
  8.24     (2) how the money was distributed by the commissioner; and 
  8.25     (3) what the organizations that received the money did with 
  8.26  it.  
  8.27     Sec. 13.  Minnesota Statutes 2004, section 628.26, is 
  8.28  amended to read: 
  8.29     628.26 [LIMITATIONS.] 
  8.30     (a) Indictments or complaints for any crime resulting in 
  8.31  the death of the victim may be found or made at any time after 
  8.32  the death of the person killed.  
  8.33     (b) Indictments or complaints for a violation of section 
  8.34  609.25 may be found or made at any time after the commission of 
  8.35  the offense. 
  8.36     (c) Indictments or complaints for violation of section 
  9.1   609.282 may be found or made at any time after the commission of 
  9.2   the offense if the victim was under the age of 18 at the time of 
  9.3   the offense.  
  9.4      (d) Indictments or complaints for violation of section 
  9.5   609.282 where the victim was 18 years of age or older at the 
  9.6   time of the offense, or 609.42, subdivision 1, clause (1) or 
  9.7   (2), shall be found or made and filed in the proper court within 
  9.8   six years after the commission of the offense.  
  9.9      (d) (e) Indictments or complaints for violation of sections 
  9.10  609.342 to 609.345 if the victim was under the age of 18 years 
  9.11  at the time the offense was committed, shall be found or made 
  9.12  and filed in the proper court within nine years after the 
  9.13  commission of the offense or, if the victim failed to report the 
  9.14  offense within this limitation period, within three years after 
  9.15  the offense was reported to law enforcement authorities. 
  9.16     (e) (f) Notwithstanding the limitations in paragraph (d), 
  9.17  indictments or complaints for violation of sections 609.342 to 
  9.18  609.344 may be found or made and filed in the proper court at 
  9.19  any time after commission of the offense, if physical evidence 
  9.20  is collected and preserved that is capable of being tested for 
  9.21  its DNA characteristics.  If this evidence is not collected and 
  9.22  preserved and the victim was 18 years old or older at the time 
  9.23  of the offense, the prosecution must be commenced within nine 
  9.24  years after the commission of the offense. 
  9.25     (f) (g) Indictments or complaints for violation of sections 
  9.26  609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 
  9.27  be found or made and filed in the proper court within six years 
  9.28  after the commission of the offense. 
  9.29     (g) (h) Indictments or complaints for violation of section 
  9.30  609.52, subdivision 2, clause (3), items (i) and (ii), (4), 
  9.31  (15), or (16), 609.631, or 609.821, where the value of the 
  9.32  property or services stolen is more than $35,000, shall be found 
  9.33  or made and filed in the proper court within five years after 
  9.34  the commission of the offense. 
  9.35     (h) (i) Except for violations relating to false material 
  9.36  statements, representations or omissions, indictments or 
 10.1   complaints for violations of section 609.671 shall be found or 
 10.2   made and filed in the proper court within five years after the 
 10.3   commission of the offense.  
 10.4      (i) (j) Indictments or complaints for violation of sections 
 10.5   609.561 to 609.563, shall be found or made and filed in the 
 10.6   proper court within five years after the commission of the 
 10.7   offense. 
 10.8      (j) (k) In all other cases, indictments or complaints shall 
 10.9   be found or made and filed in the proper court within three 
 10.10  years after the commission of the offense. 
 10.11     (k) (l) The limitations periods contained in this section 
 10.12  shall exclude any period of time during which the defendant was 
 10.13  not an inhabitant of or usually resident within this state. 
 10.14     (l) (m) The limitations periods contained in this section 
 10.15  for an offense shall not include any period during which the 
 10.16  alleged offender participated under a written agreement in a 
 10.17  pretrial diversion program relating to that offense. 
 10.18     (m) (n) The limitations periods contained in this section 
 10.19  shall not include any period of time during which physical 
 10.20  evidence relating to the offense was undergoing DNA analysis, as 
 10.21  defined in section 299C.155, unless the defendant demonstrates 
 10.22  that the prosecuting or law enforcement agency purposefully 
 10.23  delayed the DNA analysis process in order to gain an unfair 
 10.24  advantage. 
 10.25     Sec. 14.  [EFFECTIVE DATE.] 
 10.26     Sections 1 to 13 are effective August 1, 2005, and apply to 
 10.27  crimes committed on or after that date. 
 10.28                             ARTICLE 2
 10.29                    DEPARTMENT OF PUBLIC SAFETY:
 10.30              ASSESSMENT OF TRAFFICKING IN MINNESOTA;
 10.31             PLANS TO ADDRESS AND PREVENT TRAFFICKING;
 10.32           ASSESSMENT OF SERVICES FOR TRAFFICKING VICTIMS
 10.33     Section 1.  [299A.78] [STATEWIDE TRAFFICKING ASSESSMENT.] 
 10.34     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 10.35  299A.78 to 299A.7955, the following definitions apply: 
 10.36     (a) "Commissioner" means the commissioner of the Department 
 11.1   of Public Safety. 
 11.2      (b) "Nongovernmental organizations" means nonprofit, 
 11.3   nongovernmental organizations that provide legal, social, or 
 11.4   other community services. 
 11.5      (c) "Trafficking" includes "labor trafficking" as defined 
 11.6   in section 609.281, subdivision 5, and "sex trafficking" as 
 11.7   defined in section 609.321, subdivision 7a. 
 11.8      (d) "Trafficking victim" includes "labor trafficking 
 11.9   victim" as defined in section 609.281, subdivision 6, and "sex 
 11.10  trafficking victim" as defined in section 609.321, subdivision 
 11.11  7b. 
 11.12     (e) "Blackmail" has the meaning given it in section 
 11.13  609.281, subdivision 2. 
 11.14     (f) "Debt bondage" has the meaning given it in section 
 11.15  609.281, subdivision 3. 
 11.16     (g) "Forced labor or services" has the meaning given it in 
 11.17  section 609.281, subdivision 4. 
 11.18     Subd. 2.  [GENERAL DUTIES.] The commissioner of public 
 11.19  safety shall: 
 11.20     (1) in cooperation with local authorities, collect, share, 
 11.21  and compile trafficking data among government agencies to assess 
 11.22  the nature and extent of trafficking in Minnesota; 
 11.23     (2) analyze collected data to develop a plan to address and 
 11.24  prevent trafficking; and 
 11.25     (3) use its analyses to establish policies to enable state 
 11.26  government to work with nongovernmental organizations to provide 
 11.27  assistance to trafficking victims. 
 11.28     Subd. 3.  [OUTSIDE SERVICES.] As provided for in section 
 11.29  15.061, the commissioner of public safety may contract with 
 11.30  professional or technical services in connection with the duties 
 11.31  to be performed under sections 299A.785 to 299A.7955.  The 
 11.32  commissioner may also contract with other outside organizations 
 11.33  to assist with the duties to be performed under sections 
 11.34  299A.785 to 299A.7955. 
 11.35     Sec. 2.  [299A.785] [TRAFFICKING STUDY.] 
 11.36     Subdivision 1.  [INFORMATION TO BE COLLECTED.] The 
 12.1   commissioner shall elicit the cooperation and assistance of 
 12.2   government agencies and nongovernmental organizations as 
 12.3   appropriate to assist in the collection of trafficking data.  
 12.4   The commissioner shall direct the appropriate authorities in 
 12.5   each agency and organization to make best efforts to collect 
 12.6   information relevant to tracking progress on trafficking.  The 
 12.7   information to be collected may include, but is not limited to: 
 12.8      (1) the numbers of arrests, prosecutions, and successful 
 12.9   convictions of traffickers and those committing trafficking 
 12.10  related crimes, including, but not limited to, the following 
 12.11  offenses:  sections 609.282, labor trafficking; 609.283, 
 12.12  document fraud; 609.322, solicitation of prostitution; 609.324, 
 12.13  other prostitution crimes; 609.33, disorderly house; 609.352, 
 12.14  solicitation of a child; and 617.245 and 617.246, use of minors 
 12.15  in sexual performance; 
 12.16     (2) statistics on the number of trafficking victims, 
 12.17  including demographics, method of recruitment, and method of 
 12.18  discovery; 
 12.19     (3) trafficking routes and patterns, states or country of 
 12.20  origin, transit states or countries; 
 12.21     (4) method of transportation, motor vehicles, aircraft, 
 12.22  watercraft, or by foot if any transportation took place; and 
 12.23     (5) social factors that contribute to and foster 
 12.24  trafficking, especially trafficking of women and children. 
 12.25     Subd. 2.  [REPORT AND ANNUAL PUBLICATION.] (a) By September 
 12.26  1, 2006, the commissioner of public safety shall report to the 
 12.27  chairs of the senate and house of representatives committees and 
 12.28  divisions having jurisdiction over criminal justice policy and 
 12.29  funding a summary of its findings.  This report shall include, 
 12.30  to the extent possible, the information to be collected in 
 12.31  subdivision 1 and any other information the commissioner finds 
 12.32  relevant to the issue of trafficking in Minnesota. 
 12.33     (b) The commissioner shall gather, compile, and publish 
 12.34  annually statistical data on the extent and nature of 
 12.35  trafficking in Minnesota.  This annual publication shall be 
 12.36  available to the public and include, to the extent possible, the 
 13.1   information to be collected in subdivision 1 and any other 
 13.2   information the commissioner finds relevant to the issue of 
 13.3   trafficking in Minnesota. 
 13.4      Sec. 3.  [299A.7855] [TRAFFICKING ANALYSIS AND 
 13.5   INITIATIVES.] 
 13.6      Subdivision 1.  [DATA ANALYSIS.] The commissioner shall 
 13.7   analyze the data collected in section 299A.785 to develop and 
 13.8   carry out a plan to address current trafficking and prevent 
 13.9   future trafficking in Minnesota.  The commissioner may evaluate 
 13.10  various approaches used by other state and local governments to 
 13.11  address trafficking.  The plan shall include, but not be limited 
 13.12  to, the following initiatives: 
 13.13     (1) training agencies, organizations, and officials 
 13.14  involved in law enforcement, prosecution, and social services; 
 13.15     (2) increasing public awareness of trafficking; and 
 13.16     (3) establishing procedures to enable the state government 
 13.17  to work with nongovernmental organizations to prevent 
 13.18  trafficking. 
 13.19     Subd. 2.  [TRAINING INITIATIVES.] (a) The commissioner 
 13.20  shall provide and strengthen training for law enforcement, 
 13.21  prosecutors, social services, and other relevant officials in 
 13.22  addressing trafficking.  The training shall include: 
 13.23     (1) methods used in identifying trafficking victims, 
 13.24  including preliminary interview techniques and appropriate 
 13.25  interrogation methods; 
 13.26     (2) methods for prosecuting traffickers; 
 13.27     (3) methods for protecting the rights of trafficking 
 13.28  victims, taking into account the need to consider human rights 
 13.29  and special needs of women and children trafficking victims; and 
 13.30     (4) methods for promoting the safety of trafficking victims.
 13.31     (b) Once created and as updated, the commissioner shall 
 13.32  provide training plans and materials associated with paragraph 
 13.33  (a) to the Board of Peace Officer Standards and Training. 
 13.34     Subd. 3.  [AWARENESS INITIATIVES.] (a) The commissioner 
 13.35  shall, in cooperation with appropriate nongovernmental 
 13.36  organizations, establish public awareness programs designed to 
 14.1   educate persons at risk of trafficking and their families of the 
 14.2   risks of victimization.  The programs shall include, but not be 
 14.3   limited to, information on the following subjects: 
 14.4      (1) the risks of becoming a trafficking victim, including: 
 14.5      (i) common recruitment techniques, such as use of debt 
 14.6   bondage, blackmail, forced labor and services, prostitution, and 
 14.7   other coercive tactics; and 
 14.8      (ii) the risks of assault, criminal sexual conduct, 
 14.9   exposure to sexually transmitted diseases, and psychological 
 14.10  harm; 
 14.11     (2) crime victims' rights in Minnesota; and 
 14.12     (3) methods for reporting recruitment activities involved 
 14.13  in trafficking. 
 14.14     (b) The commissioner shall, in cooperation with appropriate 
 14.15  agencies and nongovernmental organizations, disseminate public 
 14.16  awareness materials to educate the public on the extent of 
 14.17  trafficking and to discourage the demand that fosters and leads 
 14.18  to trafficking, in particular trafficking of women and children. 
 14.19  These materials may include information on: 
 14.20     (1) the impact of trafficking on victims; 
 14.21     (2) the aggregate impact of trafficking worldwide and 
 14.22  domestically; and 
 14.23     (3) the criminal consequences of trafficking.  The 
 14.24  materials may be disseminated by way of the following media:  
 14.25  pamphlets, brochures, posters, advertisements in mass media, or 
 14.26  any other appropriate methods. 
 14.27     (c) Once created and as updated, the commissioner shall 
 14.28  provide samples of the materials disseminated under paragraph 
 14.29  (b) to the Department of Public Safety's office of justice 
 14.30  program. 
 14.31     Subd. 4.  [ANNUAL EVALUATION.] The commissioner shall 
 14.32  evaluate its training and awareness initiatives annually to 
 14.33  ensure their effectiveness. 
 14.34     Sec. 4.  [299A.79] [TRAFFICKING VICTIM ASSISTANCE.] 
 14.35     (a) The commissioner shall establish policies to enable 
 14.36  state government to work with nongovernmental organizations to 
 15.1   provide assistance to trafficking victims. 
 15.2      (b) The commissioner may review the existing services and 
 15.3   facilities to meet trafficking victims' needs and recommend a 
 15.4   plan that would coordinate such services, including, but not 
 15.5   limited to: 
 15.6      (1) medical and mental health services; 
 15.7      (2) housing; 
 15.8      (3) education and job training; 
 15.9      (4) English as a second language; 
 15.10     (5) interpreting services; 
 15.11     (6) legal and immigration services; and 
 15.12     (7) victim compensation. 
 15.13     Sec. 5.  [299A.795] [TRAFFICKING INTERAGENCY ADVISORY 
 15.14  COMMITTEE.] 
 15.15     Subdivision 1.  [CREATION AND DUTIES.] By August 1, 2005, 
 15.16  the commissioner shall appoint an advisory committee on 
 15.17  trafficking to advise the commissioner on carrying out the 
 15.18  commissioner's duties and responsibilities set forth in sections 
 15.19  299A.78 to 299A.79.  The trafficking advisory committee shall 
 15.20  also serve as a liaison between the commissioner and agencies 
 15.21  and nongovernmental organizations that provide services to 
 15.22  trafficking victims.  The members shall be compensated at a per 
 15.23  diem rate to be set by the commissioner, plus receive expense 
 15.24  reimbursement as specified in section 15.059. 
 15.25     Subd. 2.  [MEMBERSHIP.] The trafficking advisory committee 
 15.26  consists of some or all of the following individuals or their 
 15.27  designees, who are knowledgeable in trafficking, crime victims' 
 15.28  rights, or violence prevention: 
 15.29     (1) a representative of the Minnesota Police Chiefs 
 15.30  Association; 
 15.31     (2) a representative of the Bureau of Criminal 
 15.32  Apprehension; 
 15.33     (3) a representative of the Minnesota Sheriffs Association; 
 15.34     (4) a peace officer who works and resides in the 
 15.35  metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 
 15.36  Scott, Washington, and Carver Counties; 
 16.1      (5) a peace officer who works and resides in the 
 16.2   nonmetropolitan area; 
 16.3      (6) a county attorney who works in Hennepin County; 
 16.4      (7) a county attorney who works in Ramsey County; 
 16.5      (8) a representative from the Attorney General's Office; 
 16.6      (9) a representative of the Department of Public Safety's 
 16.7   office of justice program; 
 16.8      (10) a representative of the federal Homeland Security 
 16.9   Office; 
 16.10     (11) a representative of the Department of Health; 
 16.11     (12) a representative of the Department of Human Services; 
 16.12     (13) a representative from a nongovernmental organization 
 16.13  that specializes in trafficking; 
 16.14     (14) representatives from nongovernmental organizations 
 16.15  that represent immigrant communities likely to be affected by 
 16.16  trafficking; 
 16.17     (15) a representative from a nongovernmental organization 
 16.18  that provides child services and runaway services; 
 16.19     (16) a representative of the medical and mental health 
 16.20  community; and 
 16.21     (17) a representative of the academic community. 
 16.22     The commissioner may appoint more than one individual from 
 16.23  any of the representatives specified in clauses (1) to (17) to 
 16.24  serve on the committee. 
 16.25     Subd. 3.  [OFFICERS; MEETINGS.] (a) The committee shall 
 16.26  elect a chair and vice-chair from among its members, and may 
 16.27  elect other officers as necessary.  The committee shall meet at 
 16.28  least quarterly, or upon the call of the chair.  The committee 
 16.29  shall meet at such intervals as to accomplish the tasks 
 16.30  identified in this section. 
 16.31     (b) The committee shall seek out and enlist the cooperation 
 16.32  and assistance of nongovernmental organizations and academic 
 16.33  researchers, especially those specializing in trafficking, 
 16.34  representing diverse communities disproportionately affected by 
 16.35  trafficking, or focusing on child services and runaway services. 
 16.36     Subd. 4.  [DISSOLUTION.] Notwithstanding section 15.059, 
 17.1   the committee may dissolve once the extent of trafficking in 
 17.2   Minnesota has been assessed, and the initiatives, programs, and 
 17.3   policies have been developed and implemented as set forth in 
 17.4   sections 299A.78 to 299A.795 to the satisfaction of the 
 17.5   commissioner.  Upon dissolution of the committee, all duties and 
 17.6   responsibilities set forth in sections 299A.78 to 299A.795 may 
 17.7   continue at the discretion of the commissioner. 
 17.8      Sec. 6.  [299A.7955] [TRAFFICKING COORDINATOR.] 
 17.9      (a) By August 15, 2005, the commissioner of public safety 
 17.10  shall appoint a statewide trafficking coordinator.  In choosing 
 17.11  a coordinator, the commissioner may consult the trafficking 
 17.12  advisory committee and consider any of the committee's 
 17.13  recommendations.  The coordinator is a position in the 
 17.14  unclassified service and serves at the pleasure of the 
 17.15  commissioner. 
 17.16     (b) The coordinator shall assist the commissioner in 
 17.17  fulfilling the duties and responsibilities set forth in sections 
 17.18  299A.78 to 299A.795.  In addition, the coordinator may be 
 17.19  responsible for the following duties: 
 17.20     (1) coordinating and monitoring the activities of the 
 17.21  agencies implementing the Minnesota Trafficking Victims 
 17.22  Protection Act; 
 17.23     (2) facilitating local efforts and ensure statewide 
 17.24  coordination of efforts to prevent trafficking; 
 17.25     (3) facilitating training for personnel; 
 17.26     (4) monitoring compliance with investigative protocols; and 
 17.27     (5) implementing an outcome evaluation and data quality 
 17.28  control process. 
 17.29     Sec. 7.  [EFFECTIVE DATE.] 
 17.30     Sections 1 to 6 are effective July 1, 2005. 
 17.31                             ARTICLE 3
 17.32                           APPROPRIATIONS
 17.33     Section 1.  [ASSESSMENT AND POLICY DEVELOPMENT AND 
 17.34  IMPLEMENTATION.] 
 17.35     $125,000 for the fiscal year ending June 30, 2006, and 
 17.36  $125,000 for the fiscal year ending June 30, 2007, are 
 18.1   appropriated from the general fund to the commissioner of public 
 18.2   safety to be used in the prevention of human trafficking and to 
 18.3   carry out the commissioner's duties under article 2.