SF 1689

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; criminalizing certain acts 
  1.3             related to the unlawful trafficking in persons; 
  1.4             providing for the forfeiture of certain property of 
  1.5             the offender in these cases; specifically including 
  1.6             conduct involving trafficking in the promoting of 
  1.7             prostitution crime; modifying the distribution formula 
  1.8             for prostitution and sex trafficking-related 
  1.9             forfeiture proceeds; amending Minnesota Statutes 2004, 
  1.10            sections 609.321, subdivisions 1, 7, by adding 
  1.11            subdivisions; 609.325, by adding a subdivision; 
  1.12            609.531, subdivision 1; 609.5315, subdivision 1, by 
  1.13            adding a subdivision; 628.26; proposing coding for new 
  1.14            law in Minnesota Statutes, chapter 609.  
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [609.281] [DEFINITIONS.] 
  1.17     Subdivision 1.  [GENERALLY.] As used in sections 609.281 to 
  1.18  609.284, the following terms have the meanings given. 
  1.19     Subd. 2.  [BLACKMAIL.] "Blackmail" means a threat to expose 
  1.20  any fact or alleged fact tending to cause shame or to subject 
  1.21  any person to hatred, contempt, or ridicule. 
  1.22     Subd. 3.  [DEBT BONDAGE.] "Debt bondage" means the status 
  1.23  or condition of a debtor arising from a pledge by the debtor of 
  1.24  the debtor's personal services or those of a person under the 
  1.25  debtor's control as a security for debt, if the value of those 
  1.26  services as reasonably assessed is not applied toward the 
  1.27  liquidation of the debt or the length and nature of those 
  1.28  services are not respectively limited and defined. 
  1.29     Subd. 4.  [FORCED LABOR OR SERVICES.] "Forced labor or 
  1.30  services" means labor or services that are performed or provided 
  2.1   by another person and are obtained or maintained through an 
  2.2   actor's: 
  2.3      (1) threat, either implicit or explicit, scheme, plan, or 
  2.4   pattern, or other action intended to cause a person to believe 
  2.5   that, if the person did not perform or provide the labor or 
  2.6   services, that person or another person would suffer bodily harm 
  2.7   or physical restraint; 
  2.8      (2) physically restraining or threatening to physically 
  2.9   restrain a person; 
  2.10     (3) abuse or threatened abuse of the legal process; 
  2.11     (4) knowingly destroying, concealing, removing, 
  2.12  confiscating, or possessing any actual or purported passport or 
  2.13  other immigration document, or any other actual or purported 
  2.14  government identification document, of another person; or 
  2.15     (5) use of blackmail.  
  2.16     Subd. 5.  [LABOR TRAFFICKING.] "Labor trafficking" means 
  2.17  the recruitment, transportation, transfer, harboring, 
  2.18  enticement, provision, obtaining, or receipt of a person by any 
  2.19  means, whether a United States citizen or foreign national, for 
  2.20  the purpose of: 
  2.21     (1) debt bondage or forced labor or services; 
  2.22     (2) slavery or practices similar to slavery; or 
  2.23     (3) the removal of organs through the use of coercion or 
  2.24  intimidation. 
  2.25     Subd. 6.  [LABOR TRAFFICKING VICTIM.] "Labor trafficking 
  2.26  victim" means a person subjected to the practices in subdivision 
  2.27  5. 
  2.28     Sec. 2.  [609.282] [LABOR TRAFFICKING.] 
  2.29     Whoever knowingly engages in the labor trafficking of 
  2.30  another is guilty of a crime and may be sentenced to 
  2.31  imprisonment for not more than 15 years or to payment of a fine 
  2.32  of not more than $30,000, or both.  In a prosecution under this 
  2.33  section the consent or age of the victim is not a defense.  
  2.34     Sec. 3.  [609.283] [UNLAWFUL CONDUCT WITH RESPECT TO 
  2.35  DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.] 
  2.36     Unless the person's conduct constitutes a violation of 
  3.1   section 609.282, a person who knowingly destroys, conceals, 
  3.2   removes, confiscates, or possesses any actual or purported 
  3.3   passport or other immigration document, or any other actual or 
  3.4   purported government identification document, of another person: 
  3.5      (1) in the course of a violation of section 609.282 or 
  3.6   609.322; 
  3.7      (2) with intent to violate section 609.282 or 609.322; or 
  3.8      (3) to prevent or restrict or to attempt to prevent or 
  3.9   restrict, without lawful authority, a person's liberty to move 
  3.10  or travel, in order to maintain the labor or services of that 
  3.11  person, when the person is or has been a victim of a violation 
  3.12  of section 609.282 or 609.322; 
  3.13  is guilty of a crime and may be sentenced to imprisonment for 
  3.14  not more than five years or to payment of a fine of not more 
  3.15  than $10,000, or both.  In a prosecution under this section the 
  3.16  consent or age of the victim is not a defense.  
  3.17     Sec. 4.  [609.284] [LABOR OR SEX TRAFFICKING CRIMES; 
  3.18  DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.] 
  3.19     Subdivision 1.  [CONSENT OR AGE OF VICTIM NOT A 
  3.20  DEFENSE.] In an action under this section the consent or age of 
  3.21  the victim is not a defense. 
  3.22     Subd. 2.  [CIVIL LIABILITY.] A labor trafficking victim may 
  3.23  bring a cause of action against a person who violates section 
  3.24  609.282 or 609.283.  The court may award damages, including 
  3.25  punitive damages, reasonable attorney fees, and other litigation 
  3.26  costs reasonably incurred by the victim. 
  3.27     Subd. 3.  [CORPORATE LIABILITY.] If a corporation or other 
  3.28  business enterprise is convicted of violating section 609.282, 
  3.29  609.283, or 609.322, in addition to the criminal penalties 
  3.30  described in those sections and other remedies provided 
  3.31  elsewhere in law, the court may, when appropriate:  
  3.32     (1) order its dissolution or reorganization; 
  3.33     (2) order the suspension or revocation of any license, 
  3.34  permit, or prior approval granted to it by a state agency; or 
  3.35     (3) order the surrender of its charter if it is organized 
  3.36  under Minnesota law or the revocation of its certificate to 
  4.1   conduct business in Minnesota if it is not organized under 
  4.2   Minnesota law.  
  4.3      Sec. 5.  Minnesota Statutes 2004, section 609.321, 
  4.4   subdivision 1, is amended to read: 
  4.5      Subdivision 1.  [SCOPE.] For the purposes of sections 
  4.6   609.321 to 609.324 609.325, the following terms have the 
  4.7   meanings given.  
  4.8      Sec. 6.  Minnesota Statutes 2004, section 609.321, 
  4.9   subdivision 7, is amended to read: 
  4.10     Subd. 7.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
  4.11  "Promotes the prostitution of an individual" means any of the 
  4.12  following wherein the person knowingly:  
  4.13     (1) solicits or procures patrons for a prostitute; or 
  4.14     (2) provides, leases or otherwise permits premises or 
  4.15  facilities owned or controlled by the person to aid the 
  4.16  prostitution of an individual; or 
  4.17     (3) owns, manages, supervises, controls, keeps or operates, 
  4.18  either alone or with others, a place of prostitution to aid the 
  4.19  prostitution of an individual; or 
  4.20     (4) owns, manages, supervises, controls, operates, 
  4.21  institutes, aids or facilitates, either alone or with others, a 
  4.22  business of prostitution to aid the prostitution of an 
  4.23  individual; or 
  4.24     (5) admits a patron to a place of prostitution to aid the 
  4.25  prostitution of an individual; or 
  4.26     (6) transports an individual from one point within this 
  4.27  state to another point either within or without this state, or 
  4.28  brings an individual into this state to aid the prostitution of 
  4.29  the individual; or 
  4.30     (7) engages in the sex trafficking of an individual.  
  4.31     Sec. 7.  Minnesota Statutes 2004, section 609.321, is 
  4.32  amended by adding a subdivision to read: 
  4.33     Subd. 7a.  [SEX TRAFFICKING.] "Sex trafficking" means 
  4.34  receiving, recruiting, enticing, harboring, providing, or 
  4.35  obtaining by any means an individual to aid in the prostitution 
  4.36  of the individual.  
  5.1      Sec. 8.  Minnesota Statutes 2004, section 609.321, is 
  5.2   amended by adding a subdivision to read: 
  5.3      Subd. 7b.  [SEX TRAFFICKING VICTIM.] "Sex trafficking 
  5.4   victim" means a person subjected to the practices in subdivision 
  5.5   7a.  
  5.6      Sec. 9.  Minnesota Statutes 2004, section 609.325, is 
  5.7   amended by adding a subdivision to read: 
  5.8      Subd. 4.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
  5.9   defense to a charge under section 609.324 if the defendant 
  5.10  proves by a preponderance of the evidence that the defendant is 
  5.11  a labor trafficking victim, as defined in section 609.281, or a 
  5.12  sex trafficking victim, as defined in section 609.321, and that 
  5.13  the defendant committed the act only under compulsion by another 
  5.14  who by explicit or implicit threats created a reasonable 
  5.15  apprehension in the mind of the defendant that if the defendant 
  5.16  did not commit the act, the person would inflict bodily harm 
  5.17  upon the defendant.  
  5.18     Sec. 10.  Minnesota Statutes 2004, section 609.531, 
  5.19  subdivision 1, is amended to read: 
  5.20     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  5.21  609.531 to 609.5318, the following terms have the meanings given 
  5.22  them.  
  5.23     (a) "Conveyance device" means a device used for 
  5.24  transportation and includes, but is not limited to, a motor 
  5.25  vehicle, trailer, snowmobile, airplane, and vessel and any 
  5.26  equipment attached to it.  The term "conveyance device" does not 
  5.27  include property which is, in fact, itself stolen or taken in 
  5.28  violation of the law.  
  5.29     (b) "Weapon used" means a dangerous weapon as defined under 
  5.30  section 609.02, subdivision 6, that the actor used or had in 
  5.31  possession in furtherance of a crime.  
  5.32     (c) "Property" means property as defined in section 609.52, 
  5.33  subdivision 1, clause (1).  
  5.34     (d) "Contraband" means property which is illegal to possess 
  5.35  under Minnesota law.  
  5.36     (e) "Appropriate agency" means the Bureau of Criminal 
  6.1   Apprehension, the Minnesota Division of Driver and Vehicle 
  6.2   Services, the Minnesota State Patrol, a county sheriff's 
  6.3   department, the Suburban Hennepin Regional Park District park 
  6.4   rangers, the Department of Natural Resources Division of 
  6.5   Enforcement, the University of Minnesota Police Department, or a 
  6.6   city or airport police department.  
  6.7      (f) "Designated offense" includes:  
  6.8      (1) for weapons used:  any violation of this chapter, 
  6.9   chapter 152, or chapter 624; 
  6.10     (2) for driver's license or identification card 
  6.11  transactions:  any violation of section 171.22; and 
  6.12     (3) for all other purposes:  a felony violation of, or a 
  6.13  felony-level attempt or conspiracy to violate, section 325E.17; 
  6.14  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  6.15  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 
  6.16  609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 
  6.17  609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 
  6.18  1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, 
  6.19  clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466; 
  6.20  609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 
  6.21  609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 
  6.22  609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 
  6.23  3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 
  6.24  609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or 
  6.25  felony violation of section 609.891 or 624.7181; or any 
  6.26  violation of section 609.324. 
  6.27     (g) "Controlled substance" has the meaning given in section 
  6.28  152.01, subdivision 4.  
  6.29     Sec. 11.  Minnesota Statutes 2004, section 609.5315, 
  6.30  subdivision 1, is amended to read: 
  6.31     Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
  6.32  (b), if the court finds under section 609.5313, 609.5314, or 
  6.33  609.5318 that the property is subject to forfeiture, it shall 
  6.34  order the appropriate agency to do one of the following: 
  6.35     (1) unless a different disposition is provided under clause 
  6.36  (3) or (4), either destroy firearms, ammunition, and firearm 
  7.1   accessories that the agency decides not to use for law 
  7.2   enforcement purposes under clause (8), or sell them to federally 
  7.3   licensed firearms dealers, as defined in section 624.7161, 
  7.4   subdivision 1, and distribute the proceeds under subdivision 
  7.5   5 or 5b; 
  7.6      (2) sell property that is not required to be destroyed by 
  7.7   law and is not harmful to the public and distribute the proceeds 
  7.8   under subdivision 5 or 5b; 
  7.9      (3) sell antique firearms, as defined in section 624.712, 
  7.10  subdivision 3, to the public and distribute the proceeds under 
  7.11  subdivision 5 or 5b; 
  7.12     (4) destroy or use for law enforcement purposes 
  7.13  semiautomatic military-style assault weapons, as defined in 
  7.14  section 624.712, subdivision 7; 
  7.15     (5) take custody of the property and remove it for 
  7.16  disposition in accordance with law; 
  7.17     (6) forward the property to the federal drug enforcement 
  7.18  administration; 
  7.19     (7) disburse money as provided under subdivision 5 or 5b; 
  7.20  or 
  7.21     (8) keep property other than money for official use by the 
  7.22  agency and the prosecuting agency. 
  7.23     (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
  7.24  county sheriff may not sell firearms, ammunition, or firearms 
  7.25  accessories if the policy is disapproved by the applicable 
  7.26  county board. 
  7.27     Sec. 12.  Minnesota Statutes 2004, section 609.5315, is 
  7.28  amended by adding a subdivision to read: 
  7.29     Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
  7.30  TRAFFICKING OF PERSONS; REPORT REQUIRED.] (a) For forfeitures 
  7.31  resulting from violations of section 609.282, 609.283, or 
  7.32  609.322, the money or proceeds from the sale of forfeited 
  7.33  property, after payment of seizure, storage, forfeiture, and 
  7.34  sale expenses, and satisfaction of valid liens against the 
  7.35  property, must be distributed as follows: 
  7.36     (1) 40 percent of the proceeds must be forwarded to the 
  8.1   appropriate agency for deposit as a supplement to the agency's 
  8.2   operating fund or similar fund for use in law enforcement; 
  8.3      (2) 20 percent of the proceeds must be forwarded to the 
  8.4   county attorney or other prosecuting agency that handled the 
  8.5   forfeiture for deposit as a supplement to its operating fund or 
  8.6   similar fund for prosecutorial purposes; and 
  8.7      (3) the remaining 40 percent of the proceeds must be 
  8.8   forwarded to the commissioner of public safety and are 
  8.9   appropriated to the commissioner for distribution to crime 
  8.10  victims services organizations that provide services to victims 
  8.11  of trafficking offenses. 
  8.12     (b) By February 15 of each year, the commissioner of public 
  8.13  safety shall report to the chairs and ranking minority members 
  8.14  of the senate and house committees or divisions having 
  8.15  jurisdiction over criminal justice funding on the money 
  8.16  collected under paragraph (a), clause (3).  The report must 
  8.17  indicate the following relating to the preceding calendar year: 
  8.18     (1) the amount of money appropriated to the commissioner; 
  8.19     (2) how the money was distributed by the commissioner; and 
  8.20     (3) what the organizations that received the money did with 
  8.21  it.  
  8.22     Sec. 13.  Minnesota Statutes 2004, section 628.26, is 
  8.23  amended to read: 
  8.24     628.26 [LIMITATIONS.] 
  8.25     (a) Indictments or complaints for any crime resulting in 
  8.26  the death of the victim may be found or made at any time after 
  8.27  the death of the person killed.  
  8.28     (b) Indictments or complaints for a violation of section 
  8.29  609.25 may be found or made at any time after the commission of 
  8.30  the offense. 
  8.31     (c) Indictments or complaints for violation of section 
  8.32  609.282 may be found or made at any time after the commission of 
  8.33  the offense if the victim was under the age of 18 at the time of 
  8.34  the offense.  
  8.35     (d) Indictments or complaints for violation of section 
  8.36  609.282 where the victim was 18 years of age or older at the 
  9.1   time of the offense, or 609.42, subdivision 1, clause (1) or 
  9.2   (2), shall be found or made and filed in the proper court within 
  9.3   six years after the commission of the offense.  
  9.4      (d) (e) Indictments or complaints for violation of sections 
  9.5   609.342 to 609.345 if the victim was under the age of 18 years 
  9.6   at the time the offense was committed, shall be found or made 
  9.7   and filed in the proper court within nine years after the 
  9.8   commission of the offense or, if the victim failed to report the 
  9.9   offense within this limitation period, within three years after 
  9.10  the offense was reported to law enforcement authorities. 
  9.11     (e) (f) Notwithstanding the limitations in paragraph (d), 
  9.12  indictments or complaints for violation of sections 609.342 to 
  9.13  609.344 may be found or made and filed in the proper court at 
  9.14  any time after commission of the offense, if physical evidence 
  9.15  is collected and preserved that is capable of being tested for 
  9.16  its DNA characteristics.  If this evidence is not collected and 
  9.17  preserved and the victim was 18 years old or older at the time 
  9.18  of the offense, the prosecution must be commenced within nine 
  9.19  years after the commission of the offense. 
  9.20     (f) (g) Indictments or complaints for violation of sections 
  9.21  609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 
  9.22  be found or made and filed in the proper court within six years 
  9.23  after the commission of the offense. 
  9.24     (g) (h) Indictments or complaints for violation of section 
  9.25  609.52, subdivision 2, clause (3), items (i) and (ii), (4), 
  9.26  (15), or (16), 609.631, or 609.821, where the value of the 
  9.27  property or services stolen is more than $35,000, shall be found 
  9.28  or made and filed in the proper court within five years after 
  9.29  the commission of the offense. 
  9.30     (h) (i) Except for violations relating to false material 
  9.31  statements, representations or omissions, indictments or 
  9.32  complaints for violations of section 609.671 shall be found or 
  9.33  made and filed in the proper court within five years after the 
  9.34  commission of the offense.  
  9.35     (i) (j) Indictments or complaints for violation of sections 
  9.36  609.561 to 609.563, shall be found or made and filed in the 
 10.1   proper court within five years after the commission of the 
 10.2   offense. 
 10.3      (j) (k) In all other cases, indictments or complaints shall 
 10.4   be found or made and filed in the proper court within three 
 10.5   years after the commission of the offense. 
 10.6      (k) (l) The limitations periods contained in this section 
 10.7   shall exclude any period of time during which the defendant was 
 10.8   not an inhabitant of or usually resident within this state. 
 10.9      (l) (m) The limitations periods contained in this section 
 10.10  for an offense shall not include any period during which the 
 10.11  alleged offender participated under a written agreement in a 
 10.12  pretrial diversion program relating to that offense. 
 10.13     (m) (n) The limitations periods contained in this section 
 10.14  shall not include any period of time during which physical 
 10.15  evidence relating to the offense was undergoing DNA analysis, as 
 10.16  defined in section 299C.155, unless the defendant demonstrates 
 10.17  that the prosecuting or law enforcement agency purposefully 
 10.18  delayed the DNA analysis process in order to gain an unfair 
 10.19  advantage. 
 10.20     Sec. 14.  [EFFECTIVE DATE.] 
 10.21     Sections 1 to 13 are effective August 1, 2005, and apply to 
 10.22  crimes committed on or after that date.