Minnesota Legislature
HF 42
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/01/2023 12:40pm
Current Version - 2nd Engrossment
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A bill for an act
relating to public safety; amending definitions of labor trafficking; establishing
enhanced penalties for labor trafficking when the trafficking occurs over an
extended period of time or when a victim dies or suffers great bodily harm; making
conforming changes related to the statewide human trafficking assessment;
requiring the Sentencing Guidelines Commission to consider assigning a severity
level ranking to the labor trafficking crime; amending Minnesota Statutes 2022,
sections 299A.78, subdivision 1; 299A.79, subdivision 3; 609.281, subdivisions
3, 4, 5, by adding a subdivision; 609.282, subdivision 1, by adding a subdivision;
609.321, by adding subdivisions; 609.322, subdivision 1; 609.325, subdivision 4;
repealing Minnesota Statutes 2022, section 609.281, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to 299A.795, 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.
deleted text begin
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end "Debt bondage" has the meaning given in section 609.281, subdivision 3.
deleted text begin (e)deleted text end new text begin (d)new text end "Forced new text begin or coerced new text end labor or services" has the meaning given in section 609.281,
subdivision 4.
deleted text begin (f)deleted text end new text begin (e)new text end "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
deleted text begin (g)deleted text end new text begin (f)new text end "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
deleted text begin (h)deleted text end new text begin (g)new text end "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
deleted text begin (i)deleted text end new text begin (h)new text end "Sex trafficking victim" has the meaning given in section 609.321, subdivision
7b.
deleted text begin (j)deleted text end new text begin (i)new text end "Trafficking" includes "labor trafficking" and "sex trafficking."
deleted text begin (k)deleted text end new text begin (j)new text end "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 August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:
Subd. 3.
Public awareness initiative.
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, deleted text begin blackmail,deleted text end forced new text begin or coerced
new text end labor deleted text begin anddeleted text end new text begin ornew text end services, prostitution, and other coercive tactics; and risks of assault, criminal
sexual conduct, exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:
Subd. 3.
Debt bondage.
"Debt bondage" deleted text begin means the status or condition of a debtor arising
from a pledge by the debtor of the debtor's personaldeleted text end new text begin occurs when a person provides labor
ornew text end services deleted text begin or thosedeleted text end new text begin of any kind to pay a real or alleged debtnew text end of deleted text begin adeleted text end new text begin thenew text end person deleted text begin under the debtor's
control as a security for debtdeleted text end new text begin or anothernew text end , if the value of deleted text begin thosedeleted text end new text begin the labor ornew text end services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature
of deleted text begin thosedeleted text end new text begin the labor ornew text end services are not respectively limited and defined.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:
Subd. 4.
Forced new text begin or coerced new text end labor or services.
"Forced new text begin or coerced new text end labor or services"
means labor or services new text begin of any kind new text end that are performed or provided by another person and
are obtained or maintained through an actor's:
(1) threat, either implicit or explicit, scheme, plan, deleted text begin ordeleted text end pattern, or other action new text begin or statement
new text end intended to cause a person to believe that, if the person did not perform or provide the labor
or services, that person or another deleted text begin persondeleted text end would suffer deleted text begin bodily harm ordeleted text end physical restraint;new text begin
sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,
psychological, demonstrable economic, or demonstrable reputational harm that is sufficiently
serious, under all the surrounding circumstances, to compel a reasonable person of the same
background and in the same circumstances to perform or to continue performing labor or
services in order to avoid incurring that harm;
new text end
(2) deleted text begin physically restraining or threatening to physically restraindeleted text end new text begin sexual contact, as defined
in section 609.341, subdivision 11, paragraph (b), withnew text end a person;
new text begin
(3) physical restraint of a person;
new text end
new text begin
(4) infliction of bodily, psychological, demonstrable economic, or demonstrable
reputational harm that is sufficiently serious, under all the surrounding circumstances, to
compel a reasonable person of the same background and in the same circumstances to
perform or to continue performing labor or services in order to avoid incurring that harm;
new text end
deleted text begin (3)deleted text end new text begin (5)new text end abuse or threatened abuse of the legal processnew text begin , including the use or threatened
use of a law or legal process, whether administrative, civil, or criminalnew text end ;new text begin or
new text end
deleted text begin (4) knowingly destroying, concealing, removing, confiscating, or possessingdeleted text end new text begin (6)
destruction, concealment, removal, confiscation, withholding, or possession ofnew text end any actual
or purported passport or other immigration document, or any other actual or purported
government identification document, of another persondeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) use of blackmail.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:
Subd. 5.
Labor trafficking.
"Labor trafficking" means:
(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,
or receipt of a person by any means, deleted text begin for the purposedeleted text end new text begin in furtherancenew text end of:
(i) debt bondage deleted text begin ordeleted text end new text begin ;
new text end
new text begin (ii)new text end forced new text begin or coerced new text end labor or services;
deleted text begin (ii)deleted text end new text begin (iii)new text end slavery or practices similar to slavery; or
deleted text begin (iii)deleted text end new text begin (iv)new text end the removal of organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know it is derived
from an act described in clause (1).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 609.281, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Psychological harm. new text end
new text begin
"Psychological harm" means harm that causes mental
distress, mental suffering, or mental anguish as demonstrated by a victim's response to an
act, including but not limited to seeking psychotherapy as defined in section 604.20, losing
sleep or appetite, being diagnosed with a mental health condition, experiencing suicidal
ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Individuals under age 18deleted text end new text begin Labor trafficking resulting in deathnew text end .
Whoever
knowingly engages in the labor trafficking of an individual deleted text begin who is under the age of 18deleted text end is
guilty of a crime and may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years or
to payment of a fine of not more than $40,000, or bothnew text begin if the labor trafficking victim dies
and the death was proximately caused by the labor trafficking conduct of the offender and
murder in the first or second degree was not committed therebynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin
Individuals under age 18; extended period of time; great bodily
harm.
new text end
new text begin
Whoever knowingly engages in the labor trafficking of an individual is guilty of a
crime and may be sentenced to imprisonment for not more than 20 years or to a payment
of a fine of not more than $40,000, or both if any of the following circumstances exist:
new text end
new text begin
(1) the labor trafficking victim is under the age of 18;
new text end
new text begin
(2) the labor trafficking occurs over an extended period of time; or
new text end
new text begin
(3) the labor trafficking victim suffers great bodily harm and the harm was proximately
caused by the labor trafficking conduct of the offender.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Debt bondage. new text end
new text begin
"Debt bondage" has the meaning given in section 609.281,
subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 10.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Forced or coerced labor or services. new text end
new text begin
"Forced or coerced labor or services"
has the meaning given in section 609.281, subdivision 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Labor trafficking victim. new text end
new text begin
"Labor trafficking victim" has the meaning given
in section 609.281, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 12.
Minnesota Statutes 2022, section 609.322, subdivision 1, is amended to read:
Subdivision 1.
Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.
(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one
or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced new text begin or
coerced new text end labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2022, section 609.325, subdivision 4, is amended to read:
Subd. 4.
Affirmative defense.
It is an affirmative defense to a charge under section
609.324, subdivision 6 or 7, if the defendant proves by a preponderance of the evidence
that the defendant is a labor trafficking victimdeleted text begin , as defined in section 609.281,deleted text end or a sex
trafficking victimdeleted text begin , as defined in section 609.321,deleted text end and that the defendant committed the acts
underlying the charge as a result of being a labor trafficking or sex trafficking victim.
Sec. 14. new text begin SEVERITY LEVEL RANKING REVIEW.
new text end
new text begin
The Sentencing Guidelines Commission shall consider assigning an offense severity
level to labor trafficking under Minnesota Statutes, section 609.282, subdivision 2, and the
enhanced penalty provisions in sections 6 and 7.
new text end
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 609.281, subdivision 2,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: H0042-2
609.281 DEFINITIONS.
Subd. 2.
Blackmail.
"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.