SF 2541

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; public safety; 
  1.3             criminalizing certain acts related to the unlawful 
  1.4             trafficking in persons; requiring restitution for 
  1.5             victims of these offenses; providing for the 
  1.6             forfeiture of certain property of the offender in 
  1.7             these cases; imposing criminal penalties; amending 
  1.8             Minnesota Statutes 2002, sections 609.531, subdivision 
  1.9             1; 609.5315, subdivision 1, by adding a subdivision; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 609.  
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  1.14     The legislature finds that trafficking in persons is a 
  1.15  modern form of slavery and that trafficking in persons is not 
  1.16  limited to the sex industry, and includes forced labor with 
  1.17  significant violations of labor, public health, and human rights 
  1.18  standards worldwide.  The intent of this legislation is to 
  1.19  prevent trafficking in persons.  
  1.20     Sec. 2.  [609.281] [FORCED LABOR.] 
  1.21     (a) A person is guilty of a crime who knowingly provides or 
  1.22  obtains the labor or services of a person: 
  1.23     (1) by threats of harm to or physical restraint against 
  1.24  that person or another person; 
  1.25     (2) by means of any act intended to cause the person to 
  1.26  believe that if the person did not perform the labor or services 
  1.27  that person or another person would suffer bodily harm or 
  1.28  physical restraint; or 
  2.1      (3) by means of the abuse or threatened abuse of law or the 
  2.2   legal process. 
  2.3      (b) A person convicted of a violation of this section may 
  2.4   be sentenced to imprisonment for not more than 15 years or to 
  2.5   payment of a fine of not more than $30,000, or both.  
  2.6      Sec. 3.  [609.282] [TRAFFICKING WITH RESPECT TO PEONAGE, 
  2.7   SLAVERY, INVOLUNTARY SERVITUDE, OR FORCED LABOR.] 
  2.8      Whoever knowingly recruits, harbors, transports, provides, 
  2.9   or obtains, by any means, any person for labor or services in 
  2.10  violation of this chapter is guilty of a crime and may be 
  2.11  sentenced to imprisonment for not more than 15 years or to 
  2.12  payment of a fine of not more than $30,000, or both.  
  2.13     Sec. 4.  [609.284] [UNLAWFUL CONDUCT WITH RESPECT TO 
  2.14  DOCUMENTS IN FURTHERANCE OF TRAFFICKING, PEONAGE, SLAVERY, 
  2.15  INVOLUNTARY SERVITUDE, OR FORCED LABOR.] 
  2.16     Whoever knowingly destroys, conceals, removes, confiscates, 
  2.17  or possesses any actual or purported passport or other 
  2.18  immigration document, or any other actual or purported 
  2.19  government identification document, of another person: 
  2.20     (1) in the course of a violation of section 609.281 or 
  2.21  609.282; 
  2.22     (2) with intent to violate section 609.281 or 609.282; or 
  2.23     (3) to prevent or restrict or to attempt to prevent or 
  2.24  restrict, without lawful authority, the person's liberty to move 
  2.25  or travel, in order to maintain the labor or services of that 
  2.26  person, when the person is or has been a victim of a violation 
  2.27  of section 609.281 or 609.282; 
  2.28  is guilty of a crime and may be sentenced to imprisonment for 
  2.29  not more than five years or to payment of a fine of not more 
  2.30  than $10,000, or both.  
  2.31     Sec. 5.  [609.285] [RESTITUTION; FORFEITURE.] 
  2.32     Subdivision 1.  [MANDATORY RESTITUTION.] When a court 
  2.33  sentences an offender convicted of violating section 609.281, 
  2.34  609.282, or 609.284, the court shall order the offender to 
  2.35  provide restitution to the victim of the offense.  
  2.36     Subd. 2.  [FORFEITURE.] Forfeiture of property associated 
  3.1   with violations of section 609.281, 609.282, or 609.284 is 
  3.2   governed by sections 609.531 to 609.5319.  
  3.3      Sec. 6.  Minnesota Statutes 2002, section 609.531, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  3.6   609.531 to 609.5318, the following terms have the meanings given 
  3.7   them.  
  3.8      (a) "Conveyance device" means a device used for 
  3.9   transportation and includes, but is not limited to, a motor 
  3.10  vehicle, trailer, snowmobile, airplane, and vessel and any 
  3.11  equipment attached to it.  The term "conveyance device" does not 
  3.12  include property which is, in fact, itself stolen or taken in 
  3.13  violation of the law.  
  3.14     (b) "Weapon used" means a dangerous weapon as defined under 
  3.15  section 609.02, subdivision 6, that the actor used or had in 
  3.16  possession in furtherance of a crime.  
  3.17     (c) "Property" means property as defined in section 609.52, 
  3.18  subdivision 1, clause (1).  
  3.19     (d) "Contraband" means property which is illegal to possess 
  3.20  under Minnesota law.  
  3.21     (e) "Appropriate agency" means the Bureau of Criminal 
  3.22  Apprehension, the Minnesota State Patrol, a county sheriff's 
  3.23  department, the Suburban Hennepin Regional Park District park 
  3.24  rangers, the Department of Natural Resources Division of 
  3.25  Enforcement, the University of Minnesota Police Department, or a 
  3.26  city or airport police department.  
  3.27     (f) "Designated offense" includes:  
  3.28     (1) for weapons used:  any violation of this chapter, 
  3.29  chapter 152, or chapter 624; 
  3.30     (2) for all other purposes:  a felony violation of, or a 
  3.31  felony-level attempt or conspiracy to violate, section 325E.17; 
  3.32  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
  3.33  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.281; 
  3.34  609.282; 609.284; 609.322; 609.342, subdivision 1, clauses (a) 
  3.35  to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, 
  3.36  subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, 
  4.1   subdivision 1, clauses (a) to (e), and (h) to (j); 609.42; 
  4.2   609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 
  4.3   609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 
  4.4   609.582; 609.59; 609.595; 609.631; 609.66, subdivision 1e; 
  4.5   609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 
  4.6   609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; or a 
  4.7   gross misdemeanor or felony violation of section 609.891 or 
  4.8   624.7181; or any violation of section 609.324. 
  4.9      (g) "Controlled substance" has the meaning given in section 
  4.10  152.01, subdivision 4. 
  4.11     Sec. 7.  Minnesota Statutes 2002, section 609.5315, 
  4.12  subdivision 1, is amended to read: 
  4.13     Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
  4.14  (b), if the court finds under section 609.5313, 609.5314, or 
  4.15  609.5318 that the property is subject to forfeiture, it shall 
  4.16  order the appropriate agency to do one of the following: 
  4.17     (1) unless a different disposition is provided under clause 
  4.18  (3) or (4), either destroy firearms, ammunition, and firearm 
  4.19  accessories that the agency decides not to use for law 
  4.20  enforcement purposes under clause (8), or sell them to federally 
  4.21  licensed firearms dealers, as defined in section 624.7161, 
  4.22  subdivision 1, and distribute the proceeds under subdivision 
  4.23  5 or 5b; 
  4.24     (2) sell property that is not required to be destroyed by 
  4.25  law and is not harmful to the public and distribute the proceeds 
  4.26  under subdivision 5 or 5b; 
  4.27     (3) sell antique firearms, as defined in section 624.712, 
  4.28  subdivision 3, to the public and distribute the proceeds under 
  4.29  subdivision 5 or 5b; 
  4.30     (4) destroy or use for law enforcement purposes 
  4.31  semiautomatic military-style assault weapons, as defined in 
  4.32  section 624.712, subdivision 7; 
  4.33     (5) take custody of the property and remove it for 
  4.34  disposition in accordance with law; 
  4.35     (6) forward the property to the federal drug enforcement 
  4.36  administration; 
  5.1      (7) disburse money as provided under subdivision 5 or 5b; 
  5.2   or 
  5.3      (8) keep property other than money for official use by the 
  5.4   agency and the prosecuting agency. 
  5.5      (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
  5.6   county sheriff may not sell firearms, ammunition, or firearms 
  5.7   accessories if the policy is disapproved by the applicable 
  5.8   county board. 
  5.9      Sec. 8.  Minnesota Statutes 2002, section 609.5315, is 
  5.10  amended by adding a subdivision to read: 
  5.11     Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
  5.12  TRAFFICKING OF PERSONS.] For forfeitures resulting from 
  5.13  violations of section 609.281, 609.282, or 609.284, the money or 
  5.14  proceeds from the sale of forfeited property, after payment of 
  5.15  seizure, storage, forfeiture, and sale expenses, and 
  5.16  satisfaction of valid liens against the property, must be 
  5.17  distributed as follows: 
  5.18     (1) 40 percent of the proceeds must be forwarded to the 
  5.19  appropriate agency for deposit as a supplement to the agency's 
  5.20  operating fund or similar fund for use in law enforcement; 
  5.21     (2) 20 percent of the proceeds must be forwarded to the 
  5.22  county attorney or other prosecuting agency that handled the 
  5.23  forfeiture for deposit as a supplement to its operating fund or 
  5.24  similar fund for prosecutorial purposes; and 
  5.25     (3) the remaining 40 percent of the proceeds must be 
  5.26  forwarded to the Department of Public Safety for distribution to 
  5.27  crime victims services organizations that provide services to 
  5.28  victims of sex trafficking offenses.  
  5.29     Sec. 9.  [EFFECTIVE DATE.] 
  5.30     Sections 2 to 8 are effective August 1, 2004, and apply to 
  5.31  crimes committed on or after that date.