HF 1760

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; criminalizing certain acts
related to the unlawful trafficking in persons;
providing for the forfeiture of certain property of
the offender in these cases; specifically including
conduct involving sex trafficking in the promoting of
prostitution crime; modifying the distribution formula
for prostitution and sex trafficking-related
forfeiture proceeds; requiring a trafficking study;
requiring the commissioner of public safety to collect
and analyze trafficking data and undertake law
enforcement and other agency training initiatives;
requiring the commissioner to establish public
awareness programs designed to target persons at risk
of trafficking; requiring the commissioner to
coordinate services for trafficking victims;
establishing a trafficking interagency advisory
committee; providing for appointment of a trafficking
coordinator; appropriating money; amending Minnesota
Statutes 2004, sections 609.321, subdivisions 1, 7, by
adding subdivisions; 609.325, by adding a subdivision;
609.531, subdivision 1; 609.5315, subdivision 1, by
adding a subdivision; 628.26; proposing coding for new
law in Minnesota Statutes, chapters 299A; 609.

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

ARTICLE 1

CRIMINAL AND CIVIL PROVISIONS

Section 1.

new text begin [609.281] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin As used in sections 609.281 to
609.284, the following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Blackmail. new text end

new text begin "Blackmail" means a threat to expose
any fact or alleged fact tending to cause shame or to subject
any person to hatred, contempt, or ridicule.
new text end

new text begin Subd. 3. new text end

new text begin Debt bondage. new text end

new text begin "Debt bondage" means the status
or condition of a debtor arising from a pledge by the debtor of
the debtor's personal services or those of a person under the
debtor's control as a security for debt, if the value of those
services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those
services are not respectively limited and defined.
new text end

new text begin Subd. 4. new text end

new text begin Forced labor or services. new text end

new text begin "Forced labor or
services" means labor or services that are performed or provided
by another person and are obtained or maintained through an
actor's:
new text end

new text begin (1) threat, either implicit or explicit, scheme, plan, or
pattern, or other action intended to cause a person to believe
that, if the person did not perform or provide the labor or
services, that person or another person would suffer bodily harm
or physical restraint;
new text end

new text begin (2) physically restraining or threatening to physically
restrain a person;
new text end

new text begin (3) abuse or threatened abuse of the legal process;
new text end

new text begin (4) knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person; or
new text end

new text begin (5) use of blackmail.
new text end

new text begin Subd. 5. new text end

new text begin Labor trafficking. new text end

new text begin "Labor trafficking" means
the recruitment, transportation, transfer, harboring,
enticement, provision, obtaining, or receipt of a person by any
means, whether a United States citizen or foreign national, for
the purpose of:
new text end

new text begin (1) debt bondage or forced labor or services;
new text end

new text begin (2) slavery or practices similar to slavery; or
new text end

new text begin (3) the removal of organs through the use of coercion or
intimidation.
new text end

new text begin Subd. 6. new text end

new text begin Labor trafficking victim. new text end

new text begin "Labor trafficking
victim" means a person subjected to the practices in subdivision
5.
new text end

Sec. 2.

new text begin [609.282] LABOR TRAFFICKING.
new text end

new text begin Whoever knowingly engages in the labor trafficking of
another is guilty of a crime and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine
of not more than $30,000, or both.
new text end

Sec. 3.

new text begin [609.283] UNLAWFUL CONDUCT WITH RESPECT TO
DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.
new text end

new text begin Unless the person's conduct constitutes a violation of
section 609.282, a person who knowingly destroys, conceals,
removes, confiscates, or possesses any actual or purported
passport or other immigration document, or any other actual or
purported government identification document, of another person:
new text end

new text begin (1) in the course of a violation of section 609.282 or
609.322;
new text end

new text begin (2) with intent to violate section 609.282 or 609.322; or
new text end

new text begin (3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, a person's liberty to move
or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a violation
of section 609.282 or 609.322;
new text end

new text begin is guilty of a crime and may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more
than $10,000, or both.
new text end

Sec. 4.

new text begin [609.284] LABOR OR SEX TRAFFICKING CRIMES;
DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Consent or age of victim not a
defense. new text end

new text begin In a prosecution under section 609.282 or 609.283, the
consent or age of the victim is not a defense.
new text end

new text begin Subd. 2. new text end

new text begin Civil liability. new text end

new text begin A labor trafficking victim may
bring a cause of action against a person who violates section
609.282 or 609.283. The court may award damages, including
punitive damages, reasonable attorney fees, and other litigation
costs reasonably incurred by the victim.
new text end

new text begin Subd. 3. new text end

new text begin Corporate liability. new text end

new text begin If a corporation or other
business enterprise is convicted of violating section 609.282,
609.283, or 609.322, in addition to the criminal penalties
described in those sections and other remedies provided
elsewhere in law, the court may, when appropriate:
new text end

new text begin (1) order its dissolution or reorganization;
new text end

new text begin (2) order the suspension or revocation of any license,
permit, or prior approval granted to it by a state agency; or
new text end

new text begin (3) order the surrender of its charter if it is organized
under Minnesota law or the revocation of its certificate to
conduct business in Minnesota if it is not organized under
Minnesota law.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.321,
subdivision 1, is amended to read:

Subdivision 1.

Scope.

For the purposes of sections
609.321 to deleted text begin 609.324 deleted text end new text begin 609.325 new text end , the following terms have the
meanings given.

Sec. 6.

Minnesota Statutes 2004, section 609.321,
subdivision 7, is amended to read:

Subd. 7.

Promotes the prostitution of an individual.

"Promotes the prostitution of an individual" means any of the
following wherein the person knowingly:

(1) solicits or procures patrons for a prostitute; or

(2) provides, leases or otherwise permits premises or
facilities owned or controlled by the person to aid the
prostitution of an individual; or

(3) owns, manages, supervises, controls, keeps or operates,
either alone or with others, a place of prostitution to aid the
prostitution of an individual; or

(4) owns, manages, supervises, controls, operates,
institutes, aids or facilitates, either alone or with others, a
business of prostitution to aid the prostitution of an
individual; or

(5) admits a patron to a place of prostitution to aid the
prostitution of an individual; deleted text begin or
deleted text end

(6) transports an individual from one point within this
state to another point either within or without this state, or
brings an individual into this state to aid the prostitution of
the individual new text begin ; or
new text end

new text begin (7) engages in the sex trafficking of an individual new text end .

Sec. 7.

Minnesota Statutes 2004, section 609.321, is
amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Sex trafficking. new text end

new text begin "Sex trafficking" means
receiving, recruiting, enticing, harboring, providing, or
obtaining by any means an individual to aid in the prostitution
of the individual.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.321, is
amended by adding a subdivision to read:

new text begin Subd. 7b. new text end

new text begin Sex trafficking victim. new text end

new text begin "Sex trafficking
victim" means a person subjected to the practices in subdivision
7a.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.325, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Affirmative defense. new text end

new text begin It is an affirmative
defense to a charge under section 609.324 if the defendant
proves by a preponderance of the evidence that the defendant is
a labor trafficking victim, as defined in section 609.281, or a
sex trafficking victim, as defined in section 609.321, and that
the defendant committed the act only under compulsion by another
who by explicit or implicit threats created a reasonable
apprehension in the mind of the defendant that if the defendant
did not commit the act, the person would inflict bodily harm
upon the defendant.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.

(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess
under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, or a
city or airport police department.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;

(2) for driver's license or identification card
transactions: any violation of section 171.22; and

(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; new text begin 609.282;
609.283; new text end 609.322; 609.342, subdivision 1, clauses (a) to (f);
609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision
1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53;
609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59;
609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions
3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88;
609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or
felony violation of section 609.891 or 624.7181; or any
violation of section 609.324.

(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.

Sec. 11.

Minnesota Statutes 2004, section 609.5315,
subdivision 1, is amended to read:

Subdivision 1.

Disposition.

(a) Subject to paragraph
(b), if the court finds under section 609.5313, 609.5314, or
609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:

(1) unless a different disposition is provided under clause
(3) or (4), either destroy firearms, ammunition, and firearm
accessories that the agency decides not to use for law
enforcement purposes under clause (8), or sell them to federally
licensed firearms dealers, as defined in section 624.7161,
subdivision 1, and distribute the proceeds under subdivision
5 new text begin or 5b new text end ;

(2) sell property that is not required to be destroyed by
law and is not harmful to the public and distribute the proceeds
under subdivision 5 new text begin or 5b new text end ;

(3) sell antique firearms, as defined in section 624.712,
subdivision 3, to the public and distribute the proceeds under
subdivision 5 new text begin or 5b new text end ;

(4) destroy or use for law enforcement purposes
semiautomatic military-style assault weapons, as defined in
section 624.712, subdivision 7;

(5) take custody of the property and remove it for
disposition in accordance with law;

(6) forward the property to the federal drug enforcement
administration;

(7) disburse money as provided under subdivision 5 new text begin or 5b new text end ;
or

(8) keep property other than money for official use by the
agency and the prosecuting agency.

(b) Notwithstanding paragraph (a), the Hennepin or Ramsey
county sheriff may not sell firearms, ammunition, or firearms
accessories if the policy is disapproved by the applicable
county board.

Sec. 12.

Minnesota Statutes 2004, section 609.5315, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Disposition of certain forfeited proceeds;
trafficking of persons; report required. new text end

new text begin (a) For forfeitures
resulting from violations of section 609.282, 609.283, or
609.322, the money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and
sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:
new text end

new text begin (1) 40 percent of the proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the agency's
operating fund or similar fund for use in law enforcement;
new text end

new text begin (2) 20 percent of the proceeds must be forwarded to the
county attorney or other prosecuting agency that handled the
forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes; and
new text end

new text begin (3) the remaining 40 percent of the proceeds must be
forwarded to the commissioner of public safety and are
appropriated to the commissioner for distribution to crime
victims services organizations that provide services to victims
of trafficking offenses.
new text end

new text begin (b) By February 15 of each year, the commissioner of public
safety shall report to the chairs and ranking minority members
of the senate and house committees or divisions having
jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (3). The report must
indicate the following relating to the preceding calendar year:
new text end

new text begin (1) the amount of money appropriated to the commissioner;
new text end

new text begin (2) how the money was distributed by the commissioner; and
new text end

new text begin (3) what the organizations that received the money did with
it.
new text end

Sec. 13.

Minnesota Statutes 2004, section 628.26, is
amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in
the death of the victim may be found or made at any time after
the death of the person killed.

(b) Indictments or complaints for a violation of section
609.25 may be found or made at any time after the commission of
the offense.

(c) new text begin Indictments or complaints for violation of section
609.282 may be found or made at any time after the commission of
the offense if the victim was under the age of 18 at the time of
the offense.
new text end

new text begin (d) new text end Indictments or complaints for violation of section
new text begin 609.282 where the victim was 18 years of age or older at the
time of the offense, or new text end 609.42, subdivision 1, clause (1) or
(2), shall be found or made and filed in the proper court within
six years after the commission of the offense.

deleted text begin (d) deleted text end new text begin (e) new text end Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within nine years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within three years after
the offense was reported to law enforcement authorities.

deleted text begin (e) deleted text end new text begin (f) new text end Notwithstanding the limitations in paragraph (d),
indictments or complaints for violation of sections 609.342 to
609.344 may be found or made and filed in the proper court at
any time after commission of the offense, if physical evidence
is collected and preserved that is capable of being tested for
its DNA characteristics. If this evidence is not collected and
preserved and the victim was 18 years old or older at the time
of the offense, the prosecution must be commenced within nine
years after the commission of the offense.

deleted text begin (f) deleted text end new text begin (g) new text end Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3), item (iii), shall
be found or made and filed in the proper court within six years
after the commission of the offense.

deleted text begin (g) deleted text end new text begin (h) new text end Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (i) and (ii), (4),
(15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found
or made and filed in the proper court within five years after
the commission of the offense.

deleted text begin (h) deleted text end new text begin (i) new text end Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.

deleted text begin (i) deleted text end new text begin (j) new text end Indictments or complaints for violation of sections
609.561 to 609.563, shall be found or made and filed in the
proper court within five years after the commission of the
offense.

deleted text begin (j) deleted text end new text begin (k) new text end In all other cases, indictments or complaints shall
be found or made and filed in the proper court within three
years after the commission of the offense.

deleted text begin (k) deleted text end new text begin (l) new text end The limitations periods contained in this section
shall exclude any period of time during which the defendant was
not an inhabitant of or usually resident within this state.

deleted text begin (l) deleted text end new text begin (m) new text end The limitations periods contained in this section
for an offense shall not include any period during which the
alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

deleted text begin (m) deleted text end new text begin (n) new text end The limitations periods contained in this section
shall not include any period of time during which physical
evidence relating to the offense was undergoing DNA analysis, as
defined in section 299C.155, unless the defendant demonstrates
that the prosecuting or law enforcement agency purposefully
delayed the DNA analysis process in order to gain an unfair
advantage.

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 13 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end

ARTICLE 2

DEPARTMENT OF PUBLIC SAFETY:
ASSESSMENT OF TRAFFICKING IN MINNESOTA;
PLANS TO ADDRESS AND PREVENT TRAFFICKING;
ASSESSMENT OF SERVICES FOR TRAFFICKING VICTIMS

Section 1.

new text begin [299A.78] STATEWIDE TRAFFICKING ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections
299A.78 to 299A.7955, the following definitions apply:
new text end

new text begin (a) "Commissioner" means the commissioner of the Department
of Public Safety.
new text end

new text begin (b) "Nongovernmental organizations" means nonprofit,
nongovernmental organizations that provide legal, social, or
other community services.
new text end

new text begin (c) "Trafficking" includes "labor trafficking" as defined
in section 609.281, subdivision 5, and "sex trafficking" as
defined in section 609.321, subdivision 7a.
new text end

new text begin (d) "Trafficking victim" includes "labor trafficking
victim" as defined in section 609.281, subdivision 6, and "sex
trafficking victim" as defined in section 609.321, subdivision
7b.
new text end

new text begin (e) "Blackmail" has the meaning given it in section
609.281, subdivision 2.
new text end

new text begin (f) "Debt bondage" has the meaning given it in section
609.281, subdivision 3.
new text end

new text begin (g) "Forced labor or services" has the meaning given it in
section 609.281, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin General duties. new text end

new text begin The commissioner of public
safety shall:
new text end

new text begin (1) in cooperation with local authorities, collect, share,
and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesota;
new text end

new text begin (2) analyze collected data to develop a plan to address and
prevent trafficking; and
new text end

new text begin (3) use its analyses to establish policies to enable state
government to work with nongovernmental organizations to provide
assistance to trafficking victims.
new text end

new text begin Subd. 3. new text end

new text begin Outside services. new text end

new text begin As provided for in section
15.061, the commissioner of public safety may contract with
professional or technical services in connection with the duties
to be performed under sections 299A.785 to 299A.7955. The
commissioner may also contract with other outside organizations
to assist with the duties to be performed under sections
299A.785 to 299A.7955.
new text end

Sec. 2.

new text begin [299A.785] TRAFFICKING STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Information to be collected. new text end

new text begin The
commissioner shall elicit the cooperation and assistance of
government agencies and nongovernmental organizations as
appropriate to assist in the collection of trafficking data.
The commissioner shall direct the appropriate authorities in
each agency and organization to make best efforts to collect
information relevant to tracking progress on trafficking. The
information to be collected may include, but is not limited to:
new text end

new text begin (1) the numbers of arrests, prosecutions, and successful
convictions of traffickers and those committing trafficking
related crimes, including, but not limited to, the following
offenses: sections 609.282, labor trafficking; 609.283,
document fraud; 609.322, solicitation of prostitution; 609.324,
other prostitution crimes; 609.33, disorderly house; 609.352,
solicitation of a child; and 617.245 and 617.246, use of minors
in sexual performance;
new text end

new text begin (2) statistics on the number of trafficking victims,
including demographics, method of recruitment, and method of
discovery;
new text end

new text begin (3) trafficking routes and patterns, states or country of
origin, transit states or countries;
new text end

new text begin (4) method of transportation, motor vehicles, aircraft,
watercraft, or by foot if any transportation took place; and
new text end

new text begin (5) social factors that contribute to and foster
trafficking, especially trafficking of women and children.
new text end

new text begin Subd. 2. new text end

new text begin Report and annual publication. new text end

new text begin (a) By September
1, 2006, the commissioner of public safety shall report to the
chairs of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice policy and
funding a summary of its findings. This report shall include,
to the extent possible, the information to be collected in
subdivision 1 and any other information the commissioner finds
relevant to the issue of trafficking in Minnesota.
new text end

new text begin (b) The commissioner shall gather, compile, and publish
annually statistical data on the extent and nature of
trafficking in Minnesota. This annual publication shall be
available to the public and include, to the extent possible, the
information to be collected in subdivision 1 and any other
information the commissioner finds relevant to the issue of
trafficking in Minnesota.
new text end

Sec. 3.

new text begin [299A.7855] TRAFFICKING ANALYSIS AND
INITIATIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Data analysis. new text end

new text begin The commissioner shall
analyze the data collected in section 299A.785 to develop and
carry out a plan to address current trafficking and prevent
future trafficking in Minnesota. The commissioner may evaluate
various approaches used by other state and local governments to
address trafficking. The plan shall include, but not be limited
to, the following initiatives:
new text end

new text begin (1) training agencies, organizations, and officials
involved in law enforcement, prosecution, and social services;
new text end

new text begin (2) increasing public awareness of trafficking; and
new text end

new text begin (3) establishing procedures to enable the state government
to work with nongovernmental organizations to prevent
trafficking.
new text end

new text begin Subd. 2. new text end

new text begin Training initiatives. new text end

new text begin (a) The commissioner
shall provide and strengthen training for law enforcement,
prosecutors, social services, and other relevant officials in
addressing trafficking. The training shall include:
new text end

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

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

new 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
new text end

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

new text begin (b) Once created and as updated, the commissioner shall
provide training plans and materials associated with paragraph
(a) to the Board of Peace Officer Standards and Training.
new text end

new text begin Subd. 3. new text end

new text begin Awareness initiatives. new text end

new text begin (a) The commissioner
shall, in cooperation with appropriate nongovernmental
organizations, establish public awareness programs designed to
educate persons at risk of trafficking and their families of the
risks of victimization. The programs shall include, but not be
limited to, information on the following subjects:
new text end

new text begin (1) the risks of becoming a trafficking victim, including:
new text end

new text begin (i) common recruitment techniques, such as use of debt
bondage, blackmail, forced labor and services, prostitution, and
other coercive tactics; and
new text end

new text begin (ii) the risks of assault, criminal sexual conduct,
exposure to sexually transmitted diseases, and psychological
harm;
new text end

new text begin (2) crime victims' rights in Minnesota; and
new text end

new text begin (3) methods for reporting recruitment activities involved
in trafficking.
new text end

new text begin (b) The commissioner shall, in cooperation with appropriate
agencies and nongovernmental organizations, disseminate public
awareness materials to educate the public on the extent of
trafficking and to discourage the demand that fosters and leads
to trafficking, in particular trafficking of women and children.
These materials may include information on:
new text end

new text begin (1) the impact of trafficking on victims;
new text end

new text begin (2) the aggregate impact of trafficking worldwide and
domestically; and
new text end

new text begin (3) the criminal consequences of trafficking. The
materials may be disseminated by way of the following media:
pamphlets, brochures, posters, advertisements in mass media, or
any other appropriate methods.
new text end

new text begin (c) Once created and as updated, the commissioner shall
provide samples of the materials disseminated under paragraph
(b) to the Department of Public Safety's office of justice
program.
new text end

new text begin Subd. 4. new text end

new text begin Annual evaluation. new text end

new text begin The commissioner shall
evaluate its training and awareness initiatives annually to
ensure their effectiveness.
new text end

Sec. 4.

new text begin [299A.79] TRAFFICKING VICTIM ASSISTANCE.
new text end

new text begin (a) The commissioner shall establish policies to enable
state government to work with nongovernmental organizations to
provide assistance to trafficking victims.
new text end

new text begin (b) The commissioner may review the existing services and
facilities to meet trafficking victims' needs and recommend a
plan that would coordinate such services, including, but not
limited to:
new text end

new text begin (1) medical and mental health services;
new text end

new text begin (2) housing;
new text end

new text begin (3) education and job training;
new text end

new text begin (4) English as a second language;
new text end

new text begin (5) interpreting services;
new text end

new text begin (6) legal and immigration services; and
new text end

new text begin (7) victim compensation.
new text end

Sec. 5.

new text begin [299A.795] TRAFFICKING INTERAGENCY ADVISORY
COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation and duties. new text end

new text begin By August 1, 2005,
the commissioner shall appoint an advisory committee on
trafficking to advise the commissioner on carrying out the
commissioner's duties and responsibilities set forth in sections
299A.78 to 299A.79. The trafficking advisory committee shall
also serve as a liaison between the commissioner and agencies
and nongovernmental organizations that provide services to
trafficking victims. The members shall receive per diem
payments and expense reimbursement as specified in section
15.059.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The trafficking advisory committee
consists of some or all of the following individuals or their
designees, who are knowledgeable in trafficking, crime victims'
rights, or violence prevention:
new text end

new text begin (1) a representative of the Minnesota Police Chiefs
Association;
new text end

new text begin (2) a representative of the Bureau of Criminal
Apprehension;
new text end

new text begin (3) a representative of the Minnesota Sheriffs Association;
new text end

new text begin (4) a peace officer who works and resides in the
metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota,
Scott, Washington, and Carver Counties;
new text end

new text begin (5) a peace officer who works and resides in a county not
specified in clause (4);
new text end

new text begin (6) a county attorney who works in Hennepin County;
new text end

new text begin (7) a county attorney who works in Ramsey County;
new text end

new text begin (8) a representative from the Attorney General's Office;
new text end

new text begin (9) a representative of the Department of Public Safety's
office of justice program;
new text end

new text begin (10) a representative of the federal Homeland Security
Office;
new text end

new text begin (11) a representative of the Department of Health;
new text end

new text begin (12) a representative of the Department of Human Services;
new text end

new text begin (13) a representative from a nongovernmental organization
that specializes in trafficking;
new text end

new text begin (14) representatives from nongovernmental organizations
that represent immigrant communities likely to be affected by
trafficking;
new text end

new text begin (15) a representative from a nongovernmental organization
that provides child services and runaway services;
new text end

new text begin (16) a representative of the medical and mental health
community; and
new text end

new text begin (17) a representative of the academic community.
new text end

new text begin The commissioner may appoint more than one individual from
any of the representatives specified in clauses (1) to (17) to
serve on the committee.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The committee shall
elect a chair and vice-chair from among its members, and may
elect other officers as necessary. The committee shall meet at
least quarterly, or upon the call of the chair. The committee
shall meet at such intervals as to accomplish the tasks
identified in this section.
new text end

new text begin (b) The committee shall seek out and enlist the cooperation
and assistance of nongovernmental organizations and academic
researchers, especially those specializing in trafficking,
representing diverse communities disproportionately affected by
trafficking, or focusing on child services and runaway services.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The committee expires June 30, 2007.
new text end

Sec. 6.

new text begin [299A.7955] TRAFFICKING COORDINATOR.
new text end

new text begin (a) By August 15, 2005, the commissioner of public safety
shall appoint a statewide trafficking coordinator. In choosing
a coordinator, the commissioner may consult the trafficking
advisory committee and consider any of the committee's
recommendations. The coordinator is a position in the
unclassified service and serves at the pleasure of the
commissioner.
new text end

new text begin (b) The coordinator shall assist the commissioner in
fulfilling the duties and responsibilities set forth in sections
299A.78 to 299A.795. In addition, the coordinator may be
responsible for the following duties:
new text end

new text begin (1) coordinating and monitoring the activities of the
agencies implementing the Minnesota Trafficking Victims
Protection Act;
new text end

new text begin (2) facilitating local efforts and ensure statewide
coordination of efforts to prevent trafficking;
new text end

new text begin (3) facilitating training for personnel;
new text end

new text begin (4) monitoring compliance with investigative protocols; and
new text end

new text begin (5) implementing an outcome evaluation and data quality
control process.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective July 1, 2005.
new text end

ARTICLE 3

APPROPRIATIONS

Section 1. new text begin ASSESSMENT AND POLICY DEVELOPMENT AND
IMPLEMENTATION.
new text end

new text begin $125,000 for the fiscal year ending June 30, 2006, and
$125,000 for the fiscal year ending June 30, 2007, are
appropriated from the general fund to the commissioner of public
safety to be used in the prevention of human trafficking and to
carry out the commissioner's duties under article 2.
new text end