SF 1048

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to public safety; increasing criminal penalties for certain sex trafficking
offenses; providing housing and support services for victims of human
trafficking, and technical training for judges, prosecutors, and law enforcement
on human trafficking; increasing public awareness on human trafficking;
appropriating money; amending Minnesota Statutes 2008, sections 299A.79,
subdivisions 2, 3, 4; 299A.795; 609.281, subdivision 5; 609.321, subdivision 7a;
609.322; 611A.036, subdivision 7; 624.712, subdivision 5; proposing coding for
new law in Minnesota Statutes, chapter 299A.

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

ARTICLE 1

HUMAN TRAFFICKING CRIMINAL AND VICTIM PROVISIONS

Section 1.

Minnesota Statutes 2008, section 609.281, subdivision 5, is amended to read:

Subd. 5.

Labor trafficking.

"Labor trafficking" means new text begin :
new text end

new text begin (1) new text end 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:

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

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

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

new text begin (2) benefitting, financially or by receiving anything of value, from participation in a
venture that has engaged in an act described in clause (1) new text end .

Sec. 2.

Minnesota Statutes 2008, section 609.321, subdivision 7a, is amended to read:

Subd. 7a.

Sex trafficking.

"Sex trafficking" means new text begin : new text end

new text begin (1) new text end receiving, recruiting, enticing, harboring, providing, or obtaining by any means
an individual to aid in the prostitution of the individual new text begin ; or
new text end

new text begin (2) benefitting, financially or by receiving anything of value, from participation in a
venture that has engaged in an act described in clause (1) new text end .

Sec. 3.

Minnesota Statutes 2008, section 609.322, is amended to read:

609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF
PROSTITUTION new text begin ; SEX TRAFFICKING new text end .

Subdivision 1.

Individuals under age 18.

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 20 years or to payment of a fine of not more than $40,000,
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; deleted text begin or
deleted text end

(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 new text begin ; or
new text end

new text begin (4) engages in the sex trafficking of an individual under the age of 18 years new text end .

Subd. 1a.

Other offenses.

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 15 years or to payment of a fine of not more than $30,000, or both:

(1) solicits or induces an individual to practice prostitution; deleted text begin or
deleted text end

(2) promotes the prostitution of an individual; deleted text begin or
deleted text end

(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 new text begin ; or
new text end

new text begin (4) engages in the sex trafficking of an individual new text end .

Subd. 1b.

Exceptions.

Subdivisions 1, clause (3), and 1a, clause (3), do not apply to:

(1) a minor who is dependent on an individual acting as a prostitute and who
may have benefited from or been supported by the individual's earnings derived from
prostitution; or

(2) a parent over the age of 55 who is dependent on an individual acting as a
prostitute, who may have benefited from or been supported by the individual's earnings
derived from prostitution, and who did not know that the earnings were derived from
prostitution; or

(3) the sale of goods or services to a prostitute in the ordinary course of a lawful
business.

Subd. 1c.

Aggregation of cases.

Acts by the defendant in violation of any one or
more of the provisions in this section within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed
for all of the offenses aggregated under this subdivision.

new text begin Subd. 1d. new text end

new text begin Sex trafficking; enhanced penalty based on aggravating factors.
new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "aggravating factor" means situations where:
new text end

new text begin (i) the offender has committed a prior qualified human trafficking-related offense;
new text end

new text begin (ii) the offense involved a sex trafficking victim who suffered bodily harm during
the commission of the offense;
new text end

new text begin (iii) the time period that a sex trafficking victim was held in debt bondage or forced
labor or services exceeded 180 days; or
new text end

new text begin (iv) the offense involved more than one sex trafficking victim; and
new text end

new text begin (2) "prior qualified human trafficking-related offense" means a conviction or
delinquency adjudication within the ten years immediately preceding the current offense
for a violation of or an attempt to violate subdivision 1, clause (4) (sex trafficking of an
individual under age 18); subdivision 1a, clause (4) (sex trafficking of an individual aged
18 or over); section 609.282 (labor trafficking); or 609.283 (unlawful conduct with respect
to documents in furtherance of labor or sex trafficking).
new text end

new text begin (b) Notwithstanding the statutory maximum sentence described in subdivision 1 or
1a, a person who intentionally violates subdivision 1, clause (4), or 1a, clause (4), 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, if one or more aggravating factors are present.
new text end

Sec. 4.

Minnesota Statutes 2008, section 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or
attempt to violate any of the following: section 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault
in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault
by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or patients);
609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third
degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
(labor trafficking); new text begin 609.322, subdivision 1, clause (4), or 1a, clause (4) (sex trafficking);
new text end 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct
in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345
(criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the
fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of
children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.561, subdivision 1, (arson in the first degree;
dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first degree;
occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b),
(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle).

Sec. 5.

Minnesota Statutes 2008, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in
the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and
aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the
second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); new text begin 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking); new text end 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
motor vehicle without the consent of the owner or authorized agent of the owner, theft
involving the taking of property from a burning, abandoned, or vacant building, or from
an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
and theft involving the theft of a controlled substance, an explosive, or an incendiary
device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment
and stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and
chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.

ARTICLE 2

HUMAN TRAFFICKING TRAINING AND PUBLIC AWARENESS

Section 1.

Minnesota Statutes 2008, section 299A.79, subdivision 2, is amended to
read:

Subd. 2.

new text begin Human trafficking new text end training deleted text begin plan deleted text end .

deleted text begin The training plan required in
subdivision 1 must include:
deleted text end

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

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

deleted 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 deleted text end

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

new text begin (a) As used in this section:
new text end

new text begin (1) "governmental agencies" include, at a minimum, state and local health and human
services agencies; law enforcement agencies, prosecutorial offices; and administrative and
state court judges, magistrates, and referees; and
new text end

new text begin (2) "nongovernmental organizations" include nonprofit organizations such as
social service providers, health care providers, emergency shelters, and other nonprofit
organizations that provide services to trafficking victims, including those included under
federal law.
new text end

new text begin (b) The commissioner shall provide governmental agencies and nongovernmental
organizations throughout Minnesota with training on human trafficking in all its forms
including, but not limited to, sex trafficking, labor trafficking, and human trafficking as
defined under Minnesota and federal law.
new text end

new text begin (c) The training required under paragraph (b) must focus on:
new text end

new text begin (1) Minnesota and federal laws relevant to human trafficking;
new text end

new text begin (2) methods used in identifying victims of human trafficking as defined in Minnesota
and federal law, including preliminary interview techniques and appropriate questioning
methods;
new text end

new text begin (3) methods for prosecuting traffickers under Minnesota and federal law;
new text end

new text begin (4) methods of increasing effective collaboration with nongovernmental
organizations and other relevant social service organizations in the course of investigating
and prosecuting a trafficking case;
new text end

new text begin (5) methods for protecting the rights of victims, taking into account the need to
consider the human rights and specific needs of all women and minor victims, including
American Indian women and girls, and that victims should be treated as victims rather
than criminals; and
new text end

new text begin (6) methods for promoting the safety of victims including, but not limited to, safety
in the use of the Internet.
new text end

new text begin (d) The commissioner shall develop and deliver training with the input and
participation of appropriate nongovernmental organizations and other relevant
organizations. The commissioner may also contract with outside organizations to assist
with the duties to be performed under this section.
new text end

Sec. 2.

Minnesota Statutes 2008, section 299A.79, subdivision 3, is amended to read:

Subd. 3.

Public awareness initiative.

deleted text begin The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects deleted text end new text begin (a) The commissioner,
in cooperation with appropriate nongovernmental organizations, shall prepare public
awareness programs designed to educate potential victims of human trafficking and their
families about the risks of victimization. Materials must increase public awareness of the
causes of human trafficking, of the solutions to preventing and ending human trafficking,
and of the problems faced by trafficking victims. The public awareness programs must
include, but not be limited to new text end :

(1) new text begin information about new text end the risks of becoming a new text begin sex new text end trafficking victim new text begin , including
information about common recruitment techniques; use of debt bondage, forced labor or
services, and prostitution and other coercive tactics; risk of maltreatment, rape, exposure
to HIV/AIDS, and other sexually transmitted diseases; and psychological harm related to
victimization in trafficking cases new text end ;

(2) deleted text begin common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm deleted text end new text begin information
about the risks of engaging in commercial sex, including potential criminal penalties new text end ;

new text begin (3) information about the risks of becoming a labor trafficking victim;
new text end

deleted text begin (3) crime deleted text end new text begin (4) information about new text end victims' rights new text begin in Minnesota new text end ; deleted text begin and deleted text end

deleted text begin (4) deleted text end new text begin (5) methods of new text end reporting deleted text begin recruitment activities involved in trafficking. deleted text end new text begin suspected
recruitment activities; and
new text end

new text begin (6) information about local and national hotlines and available victims services.
new text end

new text begin (b) The commissioner, in cooperation with other appropriate governmental agencies
and appropriate nongovernmental organizations, shall prepare and disseminate general
public awareness materials to educate the public on the extent of human trafficking in
Minnesota and the United States, and discourage the demand that fosters the exploitation
of persons that leads to trafficking.
new text end

new text begin (c) General public awareness materials under paragraph (b) may include information
on the impact of trafficking on individual victims, aggregate information on trafficking
worldwide and domestically, and warnings of the criminal consequences of engaging in
trafficking as defined under Minnesota and federal law. These materials may include
pamphlets, brochures, posters, advertisements in mass media, and any other appropriate
media.
new text end

new text begin (d) Materials described in this subdivision may include information on the impact
of trafficking on individual victims. However, any information on the experiences of
individual victims must preserve the privacy of the victim and the victim's family.
new text end

new text begin (e) Materials must be provided in languages other than English, and must be posted
on the Internet and otherwise made generally available. The state demographer shall
determine and report to the commissioner the languages that are common enough in the
state to merit translations.
new text end

new text begin (f) All public awareness programs must be evaluated periodically to ensure
effectiveness.
new text end

Sec. 3.

Minnesota Statutes 2008, section 299A.79, subdivision 4, is amended to read:

Subd. 4.

Report to legislature.

The commissioner shall report deleted text begin the plan deleted text end new text begin progress
under this section new text end to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice policy
and funding by December 15 deleted text begin , 2006 deleted text end new text begin of each year new text end .

ARTICLE 3

TRAFFICKING VICTIM ASSISTANCE

Section 1.

Minnesota Statutes 2008, section 299A.795, is amended to read:

299A.795 TRAFFICKING VICTIM ASSISTANCE.

new text begin Subdivision 1. new text end

new text begin Plan for services. new text end

The commissioner deleted text begin may review the existing
services and facilities to meet trafficking victims' needs and recommend a plan that
would coordinate the services deleted text end new text begin shall develop plans, in consultation with nongovernmental
organizations, for the provision of appropriate services, from governmental and
nongovernmental sources, for victims of human trafficking and any dependents
accompanying the victims, or parents or guardians of minor victims new text end including, but not
limited to:

(1) deleted text begin medical and mental health services deleted text end new text begin appropriate housing, taking into account the
person's status as a victim of crime, and including safe conditions for sleeping, food, and
personal hygiene new text end ;

(2) deleted text begin housing deleted text end new text begin psychological counseling in a language the victim understands new text end ;

(3) deleted text begin education and job training deleted text end new text begin medical assistance in a language the victim
understands new text end ;

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

(5) deleted text begin interpreting services deleted text end new text begin other material assistance as appropriate new text end ;

(6) deleted text begin legal and immigration services deleted text end new text begin employment, educational, language, and training
opportunities new text end ; and

(7) new text begin legal assistance in a language the new text end victim deleted text begin compensation deleted text end new text begin understands new text end .

new text begin Subd. 2. new text end

new text begin Approval. new text end

new text begin Plans developed under this section must be submitted for
approval to appropriate state authorities, which shall also undertake periodic reviews of
the plans and their implementation to ensure compliance with the requirements of this
section and section 299A.7954 and to ensure that all victims are treated with respect for
their human rights and dignity.
new text end

Sec. 2.

new text begin [299A.7954] PROGRAMS FOR TRAFFICKED PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants awarded. new text end

new text begin The commissioner shall make grants to units
of local government, Indian tribes, and nonprofit nongovernmental victims service
organizations to develop, expand, or strengthen victim service programs for victims of
human trafficking and those at risk for human trafficking including, but not limited to,
sexually exploited youth. Grants must be awarded to carry out the purposes of sections
299A.79 and 299A.795. Grants must be awarded based on the demonstrated need for
trafficking victim support services programs.
new text end

new text begin Subd. 2. new text end

new text begin Program for American Indians. new text end

new text begin The commissioner shall establish at
least one program under this section to provide emergency shelter services, transitional
and permanent housing, and support services to trafficked American Indians. The
commissioner shall grant continuing operating expenses to the program in the same
manner as operating expenses are granted to programs established under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin (a) Any public or private nonprofit agency may apply to the
commissioner for a grant to provide emergency shelter services, transitional and permanent
housing, and support services to trafficked persons and their children, trafficked youth, or
both. Any public or private nonprofit agency may apply to the commissioner for a grant
to provide training, technical assistance, and for the development and implementation of
education programs to increase public awareness of the causes of human trafficking.
Priority must be given to agencies with the most expertise serving the target populations
and existing programs serving the target populations. The application must be submitted
in a form approved by the commissioner, after consultation with the statewide human
trafficking task force established in section 299A.7955, and must include:
new text end

new text begin (1) a proposal for the provision of emergency shelter services, transitional and
permanent housing, and support services to trafficked persons and their children, trafficked
youth, or both;
new text end

new text begin (2) a proposed budget;
new text end

new text begin (3) evidence of an ability to integrate into the proposed program the uniform
method of data collection and program evaluation established under sections 611A.33
and 611A.34;
new text end

new text begin (4) evidence of an ability to represent the interests of trafficked persons and their
children and trafficked youth to local law enforcement agencies, courts, county welfare
agencies, and local boards or departments of health;
new text end

new text begin (5) evidence of an ability to do outreach to unserved and underserved populations
and to provide culturally and linguistically appropriate services; and
new text end

new text begin (6) any other content the commissioner may require after considering the
recommendations of the statewide human trafficking task force.
new text end

new text begin (b) Programs that have been approved for grants in prior years may submit materials,
which indicate changes in items listed in paragraph (a), clauses (1) to (6), to qualify for
renewal funding. Nothing in this subdivision requires programs to submit complete
applications for each year of renewal funding.
new text end

new text begin Subd. 4. new text end

new text begin Duties of grantees. new text end

new text begin (a) Every public or private nonprofit agency that
receives a grant to provide emergency shelter services, transitional and permanent
housing, and support services to trafficked persons and their children or to trafficked youth
shall comply with all requirements of the commissioner related to the administration of
the programs.
new text end

new text begin (b) Grantees shall submit summary data as defined in section 13.02, subdivision 19,
for the purpose of supplementing data on the number of trafficking victims in Minnesota
for the report required by section 299A.785.
new text end

new text begin Subd. 5. new text end

new text begin Classification of data collected by grantees. new text end

new text begin Personal history information
and other information collected, used, or maintained by a grantee from which the identity
or location of any victim of human trafficking may be determined is private data on
individuals, as defined in section 13.02, subdivision 12, and the grantee shall maintain
the data in accordance with the provisions of chapter 13.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2010, is appropriated from the general fund
to the commissioner of public safety to implement Minnesota Statutes, section 299A.7954.
new text end