SF 1689

as introduced - 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; 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, chapter 609.

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

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 Trafficking. new text end

new text begin "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 Trafficking victim. new text end

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

Sec. 2.

new text begin [609.282] TRAFFICKING.
new text end

new text begin Whoever knowingly engages in the 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 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] 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 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 or
609.283, 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 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 substantial
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