SF 1514

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to public safety; authorizing commissioner of public safety to gather and
compile data on human trafficking every two years; increasing criminal penalties
for certain promoting prostitution/sex trafficking offenses; expanding the sex
trafficking and labor trafficking crimes; adding the promotion of prostitution/sex
trafficking crime to the firearm law's definition of crime of violence and the
victim rights law's definition of violent crime; expanding the prostitution penalty
enhancement provision for repeat offenders; broadening the prostitution in a
public place crime; making driving records relating to prostitution offenses public
for repeat offenders and ensuring that they are available to law enforcement for
first-time offenders; requiring posting of notices related to human trafficking
at establishments that sell alcoholic beverages at retail and certain lodging
establishments that have been involved in prostitution-related activity; modifying
civil liability for labor and sex trafficking crimes; amending Minnesota Statutes
2008, sections 299A.785, subdivision 2; 609.281, subdivision 5; 609.321,
subdivisions 7, 7a, by adding subdivisions; 609.322; 609.324, subdivisions 2, 3,
5; 611A.036, subdivision 7; 617.87; 624.712, subdivision 5; proposing coding
for new law in Minnesota Statutes, chapters 299A; 340A; repealing Minnesota
Statutes 2008, section 609.284, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 299A.785, subdivision 2, is amended to
read:

Subd. 2.

deleted text begin Report and annual deleted text end Publication.

deleted 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.
deleted text end

deleted text begin (b) deleted text end The commissioner shall gather deleted text begin , deleted text end new text begin and new text end compile deleted text begin , and publish deleted text end annually statistical data
on the extent and nature of trafficking in Minnesota. new text begin The commissioner shall publish the
data every two years. new text end This deleted text begin annual deleted text end 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.

Sec. 2.

new text begin [299A.794] HUMAN TRAFFICKING; CIVIL LIABILITY.
new text end

new text begin (a) A trafficking victim may bring an action against a person who violates section
609.282, 609.283, or 609.322. A victim who prevails in an action brought under this
section shall be awarded the greater of actual damages, including damages for emotional
distress, or:
new text end

new text begin (1) $5,000 if the victim was trafficked for a period of less than one month;
new text end

new text begin (2) $10,000 if the victim was trafficked for a period of one month or more, but
less than three months;
new text end

new text begin (3) $15,000 if the victim was trafficked for a period of three months or more, but
less than six months;
new text end

new text begin (4) $20,000 if the victim was trafficked for a period of six months or more, but
less than one year; or
new text end

new text begin (5) $20,000 per year for each year the victim was trafficked, if the victim was
trafficked for a period of one year or more.
new text end

new text begin A victim prevailing in an action brought under this section is also entitled to an award
of punitive damages, costs, disbursements, litigation costs, and reasonable attorney fees.
new text end

new text begin (b) No criminal action needs to be filed or pending resulting from the same
occurrence for an award to be made under this section.
new text end

new text begin (c) An action for damages under paragraph (a) must be commenced not later than six
years after the cause of action arises or not later than one year from the date the trafficking
victim bringing the action is free from human traffickers, whichever is later.
new text end

new text begin (d) For the purposes of this section, "person" means an individual, partnership,
organization, company, association, or corporation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to causes
of action arising on or after that date.
new text end

Sec. 3.

new text begin [340A.5055] POSTING OF CERTAIN NOTICE REQUIRED.
new text end

new text begin (a) A retail licensee shall display a sign containing the following notice in a public
and conspicuous location if it has been cited by the local licensing authority as a location
that has been subject to complaints to local law enforcement for sex trafficking activity
after the effective date of this act:
new text end

new text begin "WARNING: Engaging in labor trafficking or sex trafficking is a crime under
Minnesota Statutes, sections 609.282 and 609.322. Call the Minnesota Crisis and Tip Line
at 1-888-772-3324 or 651-291-8810. You may remain anonymous."
new text end

new text begin (b) The sign must be in the form and in the languages as specified by the human
trafficking task force created under section 299A.7955, and approved by the commissioner
of public safety.
new text end

new text begin (c) A retail licensee shall be permitted to remove the required sign if the licensee has
not been the subject of a complaint for sex trafficking activity for two years from when
first required to post the sign. In addition, the local licensing authority, upon request
of a retail establishment that has changed ownership, may permit the establishment to
remove the required sign.
new text end

Sec. 4.

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, deleted text begin whether a United States citizen or foreign
national, deleted text end 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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, 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; deleted text begin or
deleted text end

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

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

(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; deleted text begin or
deleted text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

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

new text begin Subd. 13. new text end

new text begin Place of public accommodation. new text end

new text begin "Place of public accommodation"
means a business, accommodation, refreshment, entertainment, recreation, or
transportation facility of any kind, whether licensed or not, whose goods, services,
facilities, privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

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

new text begin Subd. 14. new text end

new text begin Prior qualified human trafficking-related offense. new text end

new text begin A "prior qualified
human trafficking-related offense" means a conviction or delinquency adjudication within
the ten years from the discharge from probation or parole immediately preceding the
current offense for a violation of or an attempt to violate section 609.322, subdivision
1 (solicitation, inducement, and promotion of prostitution; sex trafficking in the first
degree); 609.322, subdivision 1a (solicitation, inducement, and promotion of prostitution;
sex trafficking in the second degree); 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

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.

deleted text begin Individuals under age 18 deleted text end new text begin Solicitation, inducement, and
promotion of prostitution; sex trafficking in the first degree new text end .

new text begin (a) new text end 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 deleted text begin $40,000 deleted text end new text begin $50,000 new text end , 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 .

new text begin (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to
imprisonment for not more than 25 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:
new text end

new text begin (1) the offender has committed a prior qualified human trafficking-related offense;
new text end

new text begin (2) the offense involved a sex trafficking victim who suffered bodily harm during
the commission of the offense;
new text end

new text begin (3) 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 (4) the offense involved more than one sex trafficking victim.
new text end

Subd. 1a.

deleted text begin Other offenses deleted text end new text begin Solicitation, inducement, and promotion of
prostitution; sex trafficking in the second degree new text end .

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 deleted text begin $30,000 deleted text end new text begin
$40,000 new text end , 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2008, section 609.324, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Solicitation or acceptance of solicitation to engage in deleted text end Prostitution new text begin in
public place new text end ; penalty.

Whoever deleted text begin solicits or accepts a solicitation to engage for hire in
sexual penetration or sexual contact deleted text end new text begin intentionally does any of the following new text end while in a
public place deleted text begin may be sentenced to imprisonment for not more than one year or to payment
of a fine of not more than $3,000 or both. deleted text end new text begin is guilty of a gross misdemeanor:
new text end

new text begin (1) engages in prostitution with an individual 18 years of age or older; or
new text end

new text begin (2) hires or offers or agrees to hire an individual 18 years of age or older to engage in
sexual penetration or sexual contact.
new text end

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine
of at least $1,500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 609.324, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Engaging in, hiring, or agreeing to hire adult to engage in deleted text end new text begin General
new text end prostitution new text begin crime new text end ; penalties.

(a) Whoever intentionally does any of the following deleted text begin may
be sentenced to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both deleted text end new text begin is guilty of a misdemeanor new text end :

(1) engages in prostitution with an individual 18 years of age or above; or

(2) hires or offers or agrees to hire an individual 18 years of age or above to engage
in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a
person who is convicted of violating this deleted text begin clause or clause (1) deleted text end new text begin paragraph new text end while acting as a
patron must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a previous
new text begin prostitution new text end conviction deleted text begin may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both deleted text end new text begin for violating this section or section
609.322 is guilty of a gross misdemeanor new text end . Except as otherwise provided in subdivision 4,
a person who is convicted of deleted text begin a gross misdemeanor violation of this subdivision deleted text end new text begin violating
this paragraph new text end while acting as a patron, must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2008, section 609.324, subdivision 5, is amended to read:

Subd. 5.

Use of motor vehicle to patronize prostitutes; driving record notation.

new text begin (a) new text end When a court sentences a person convicted of violating this section while acting as
a patron, the court shall determine whether the person used a motor vehicle during the
commission of the offense new text begin and whether the person has previously been convicted of
violating this section or section 609.322 new text end . If the court finds that the person used a motor
vehicle during the commission of the offense, it shall forward its finding new text begin along with an
indication of whether the person has previously been convicted of a prostitution offense new text end to
the commissioner of public safety who shall record the finding on the person's driving
record. new text begin Except as provided in paragraph (b), new text end the finding is classified as private data
on individuals, as defined in section 13.02, subdivision 12 new text begin , but is accessible for law
enforcement purposes new text end .

new text begin (b) If the person has previously been convicted of a violation of this section or
section 609.322, the finding is public data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

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 (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); 609.3451 (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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 617.87, is amended to read:

617.87 RELEASE OF PROPERTY.

If, after an order of abatement has been entered, the owner appears and pays the
costs of the action and files a bond in an amount determined by the court, but not to
exceed $50,000, conditioned that the owner will immediately abate the nuisance for a
period of one year, the court may, if satisfied of the owner's good faith, order the release of
the building or portion of it which is subject to the order of abatement. new text begin If the building
or portion of it that is subject to the order of abatement is a hotel, motel, or similar
establishment that rents overnight lodging to the public and the nuisance was prostitution
or prostitution-related activity that involved sex trafficking, as defined in section 609.321,
subdivision 7a, the release must require the owner to post a notice in the form specified in
section 340A.5055 in each unit and portion of the building that was subject to the order
of abatement. new text end If the premises are released, for each day during the term of the bond that
the owner knowingly permits any part of the premises to be used for any activity which
was the basis of the abatement order new text begin or fails to post the notice, if required new text end , the owner shall
forfeit $1,000 under the bond. Forfeiture under the bond does not relieve the owner from
prosecution for contempt. Release of the property pursuant to this section does not release
it from an injunction issued under section 617.83 or any other judgment, penalty, lien, or
liability to which it may be subject by law.

Sec. 15.

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 609.284, 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, 2009.
new text end