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SF 2554

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/22/2018 12:27pm

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to public safety; requiring collection of information on the connection
between pornography and sex trafficking; expanding the authorized penalty
assessment to include additional crimes;amending Minnesota Statutes 2016,
sections 299A.785, subdivision 1; 609.3241; 609.5315, subdivision 5b.

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

Section 1.

Minnesota Statutes 2016, section 299A.785, subdivision 1, is amended to read:


Subdivision 1.

Information to be collected.

The commissioner shall elicit the cooperation
and assistance of government agencies and nongovernmental organizations as appropriate
to assist in the collection of trafficking data. The commissioner shall direct the appropriate
authorities in each agency and organization to make best efforts to collect information
relevant to tracking progress on trafficking. The information to be collected may include,
but is not limited to:

(1) the numbers of arrests, prosecutions, and successful convictions of traffickers and
those committing trafficking-related crimes, including, but not limited to, the following
offenses: 609.27 (coercion); 609.282 (labor trafficking); 609.283 (unlawful conduct with
respect to documents in furtherance of labor or sex trafficking); 609.321 (promotion of
prostitution); 609.322 (solicitation of prostitution); 609.324 (other prostitution crimes);
609.33 (disorderly house); 609.352 (solicitation of a child); and 617.245 and 617.246 (use
of minors in sexual performance); 617.247 (possession of pornographic work involving
minors); and 617.293 (harmful materials; dissemination and display to minors prohibited)
;

(2) statistics on the number of trafficking victims, including demographics, method of
recruitment, and method of discovery;

(3) trafficking routes and patterns, states or country of origin, and transit states or
countries;

(4) method of transportation, motor vehicles, aircraft, watercraft, or by foot if any
transportation took place; and

(5) social factors, including pornography, that contribute to and foster trafficking,
especially trafficking of women and children.

Sec. 2.

Minnesota Statutes 2016, section 609.3241, is amended to read:


609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283,
609.322 or, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3, a
violation of section 609.33, or a violation of section 617.293
; otherwise the court shall
impose an assessment of not less than $750 and not more than $1,000. The assessment shall
be distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.

(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31
.

(d) A safe harbor for youth account is established as a special account in the state treasury.

Sec. 3.

Minnesota Statutes 2016, section 609.5315, subdivision 5b, is amended to read:


Subd. 5b.

Disposition of certain forfeited proceeds; trafficking of persons; report
required.

(a) Except as provided in subdivision 5c, 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:

(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;

(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled
the forfeiture for deposit as a supplement to its operating fund or similar fund for
prosecutorial purposes; and

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of
public safety health and are appropriated to the commissioner for distribution to crime
victims services organizations that provide services to victims of trafficking offenses.

(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 of representatives 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:

(1) the amount of money appropriated to the commissioner;

(2) how the money was distributed by the commissioner; and

(3) what the organizations that received the money did with it.

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