Minnesota Legislature
HF 3406
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
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| Introduction | Posted on 03/13/2006 |
Current Version - as introduced
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A bill for an act
relating to public safety; establishing a human trafficking task force; increasing
penalties for trafficking crimes; amending Minnesota Statutes 2005 Supplement,
sections 299A.78, subdivisions 1, 2, 3; 609.282; 609.283; proposing coding for
new law in Minnesota Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 1,
is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to deleted text begin 299A.785deleted text end new text begin
299A.786new text end , the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental
organizations that provide legal, social, or other community services.
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
(e) "Forced labor or services" has the meaning given in section 609.281, subdivision
4.
(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 2, is
amended to read:
Subd. 2.
General duties.
The commissioner of public safety, in cooperation with
local authorities, shallnew text begin :
new text end
new text begin (1)new text end collect, share, and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesotanew text begin ; and
new text end
new text begin (2) analyze collected data to develop a statewide strategy on human traffickingnew text end .
Sec. 3.
Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 3, is
amended to read:
Subd. 3.
Outside services.
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 deleted text begin sectiondeleted text end new text begin sectionsnew text end 299A.785new text begin and 299A.786new text end . The commissioner
may also contract with other outside organizations to assist with the duties to be performed
under deleted text begin sectiondeleted text end new text begin sectionsnew text end 299A.785new text begin and 299A.786new text end .
Sec. 4.
new text begin
[299A.786] HUMAN TRAFFICKING TASK FORCE; CREATION;
DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A human trafficking task force is established to
review the report required under section 299A.785 and develop a statewide strategy on
human trafficking. The members shall receive 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 task force shall consist of the following individuals
or their designees:
new text end
new text begin
(1) a representative of the Minnesota County Attorneys 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 Office of the United States Attorney for the district
of Minnesota;
new text end
new text begin
(4) a representative of the Minnesota Sheriffs' Association;
new text end
new text begin
(5) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(6) a representative of the Department of Public Safety's Office of Justice programs;
and
new text end
new text begin
(7) a representative from a nongovernmental organization that provides victim
services.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
The task force shall develop an overall strategy to identify, track,
and prosecute individuals and organizations involved in human trafficking. The strategy
must include provisions for providing training to law enforcement, prosecutors, social
services, and other relevant officials in addressing trafficking.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
By February 1, 2007, the commissioner 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 the task force's overall strategy.
new text end
new text begin Subd. 5. new text end
new text begin Expires. new text end
new text begin
Notwithstanding section 15.059, the task force expires 30 days
after submitting its report as referenced in subdivision 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
609.282 LABOR TRAFFICKING.
new text begin Subdivision 1. new text end
new text begin Individuals under age 18. new text end
new text begin
Whoever knowingly engages in the
labor trafficking of an individual who is under the age of 18 is guilty of a crime and
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $40,000, or both.
new text end
new text begin Subd. 2. new text end
new text begin Other offenses. new text end
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 begin Subd. 3. new text end
new text begin Consent or age of victim not a defense. new text end
In a prosecution under this
section the consent or age of the victim is not a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN
FURTHERANCE OF LABOR OR SEX TRAFFICKING.
new text begin Subdivision 1. new text end
new text begin Crime defined. new text end
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:
(1) in the course of a violation of section 609.282 or 609.322;
(2) with intent to violate section 609.282 or 609.322; or
(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;
is guilty of a crime and may be sentenced deleted text begin to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or bothdeleted text end new text begin as provided in subdivision 2new text end .
new text begin Subd. 2. new text end
new text begin Penalties. new text end
new text begin
A person who violates subdivision 1 may be sentenced as
follows:
new text end
new text begin
(1) if the crime involves a victim under the age of 18, to imprisonment for not more
than ten years or to payment of a fine of $20,000, or both; or
new text end
new text begin
(2) in other cases, 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
new text begin Subd. 3. new text end
new text begin Consent or age of victim not a defense. new text end
In a prosecution under this
section the consent or age of the victim is not a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end