SF 2870

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; directing the commissioner of public safety to analyze
and use trafficking data to address trafficking problems in Minnesota; directing
the commissioner of public safety to establish policies to provide assistance
to trafficking victims; creating a human trafficking task force; creating the
unclassified service position of trafficking coordinator; enhancing penalties for
trafficking crimes; appropriating money; amending Minnesota Statutes 2005
Supplement, sections 299A.78; 609.282; 609.283; proposing coding for new law
in Minnesota Statutes, chapter 299A.

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

ARTICLE 1

DEPARTMENT OF PUBLIC SAFETY;

HUMAN TRAFFICKING TASK FORCE

Section 1.

Minnesota Statutes 2005 Supplement, section 299A.78, is amended to read:

299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.

Subdivision 1.

Definitions.

For purposes of sections 299A.78 to , the following definitions apply:

(a) "Commissioner" means the commissioner of the Department of Public Safety.

(b) "Nongovernmental organizations" means nonprofit, nongovernmental
organizations that provide legal, social, or other community services.

(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.

(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.

(e) "Forced labor or services" has the meaning given in section 609.281, subdivision
4.

(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.

(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.

(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.

(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.

(j) "Trafficking" includes "labor trafficking" and "sex trafficking."

(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."

Subd. 2.

General duties.

The commissioner of public safety, in cooperation with
local authorities, shall new text begin :
new text end

new text begin (1) new text end collect, share, and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesota deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) analyze collected data to develop a plan to address and prevent human
trafficking; and
new text end

new text begin (3) use its analyses to establish policies to enable state government to work with
nongovernmental organizations and other elements of civil society to provide assistance to
trafficking victims.
new text end

Subd. 3.

Outside services.

As provided for in section 15.061, the commissioner of
public safety may contract with professional or technical services in connection with the
duties to be performed under deleted text begin section deleted text end new text begin sections new text end 299A.785 new text begin , 299A.79, and 299A.795 new text end . The
commissioner may also contract with other outside organizations to assist with the duties
to be performed under deleted text begin section deleted text end new text begin sections new text end 299A.785 new text begin , 299A.79, and 299A.795 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

new text begin [299A.79] TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Data analysis. new text end

new text begin The commissioner shall analyze the data collected in
section 299A.785 to develop and carry out a plan to address current trafficking and prevent
future trafficking in Minnesota. The commissioner may evaluate various approaches used
by other state and local governments to address trafficking. The plan shall include, but
not be limited to, the following initiatives:
new text end

new text begin (1) training agencies, organizations, and officials involved in law enforcement,
prosecution, and social services;
new text end

new text begin (2) increasing public awareness of trafficking; and
new text end

new text begin (3) establishing procedures to enable the state government to work with
nongovernmental organizations to prevent trafficking.
new text end

new text begin Subd. 2. new text end

new text begin Training initiatives. new text end

new text begin The commissioner shall provide and strengthen
training for law enforcement, prosecutors, social services, and other relevant officials in
addressing trafficking. The training shall include:
new text end

new text begin (1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods;
new text end

new text begin (2) methods for prosecuting traffickers;
new text end

new text begin (3) methods for protecting the rights of trafficking victims, taking into account
the need to consider human rights and special needs of women and children trafficking
victims; and
new text end

new text begin (4) methods for promoting the safety of trafficking victims.
new text end

new text begin Subd. 3. new text end

new text begin Awareness initiatives. new text end

new text begin (a) The commissioner shall, in cooperation
with appropriate nongovernmental organizations, establish public awareness programs
designed to educate persons at risk of trafficking. The programs shall include, but not be
limited to, information on the following subjects:
new text end

new text begin (1) the risks of becoming a trafficking victim;
new text end

new text begin (2) common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm;
new text end

new text begin (3) crime victims??a??a?? rights; and
new text end

new text begin (4) reporting recruitment activities involved in trafficking.
new text end

new text begin (b) The commissioner shall, in cooperation with appropriate agencies and
nongovernmental organizations, disseminate public awareness materials to educate the
public on the extent of trafficking and to discourage the demand that fosters and leads to
trafficking, in women and children in particular. These materials may include information
on:
new text end

new text begin (1) the impact of trafficking on individual victims;
new text end

new text begin (2) the aggregate impact of trafficking worldwide and domestically; and
new text end

new text begin (3) the criminal consequences of trafficking.
new text end

new text begin The materials may be disseminated by way of the following mediums: pamphlets,
brochures, posters, advertisements in mass media, or any other appropriate methods. All
materials must preserve the privacy of any individual trafficking victim and the victim??a??a??s
family.
new text end

new text begin Subd. 4. new text end

new text begin Annual evaluation. new text end

new text begin The commissioner shall evaluate its training and
awareness initiatives annually to ensure their effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

new text begin [299A.795] TRAFFICKING VICTIM ASSISTANCE.
new text end

new text begin (a) The commissioner shall establish policies to enable state government to work
with nongovernmental organizations and other elements of civil society to provide
assistance to trafficking victims.
new text end

new text begin (b) The commissioner may review the existing services and facilities to meet
trafficking victims??a??a?? needs and recommend a plan that would coordinate such services
including, but not limited to:
new text end

new text begin (1) medical and mental health services;
new text end

new text begin (2) housing;
new text end

new text begin (3) education and job training;
new text end

new text begin (4) English as a second language;
new text end

new text begin (5) interpreting services;
new text end

new text begin (6) legal and immigration services; and
new text end

new text begin (7) victim compensation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

new text begin [299A.7955] HUMAN TRAFFICKING TASK FORCE; COORDINATOR.
new text end

new text begin Subdivision 1. new text end

new text begin Creation and duties. new text end

new text begin By December 1, 2006, the commissioner shall
appoint a 22-member task force on human trafficking to advise the commissioner on its
duties, as well as the implementation and continued operation of the initiatives set forth in
sections 299A.78 to 299A.795. The task force shall also serve as a liaison between the
commissioner and agencies and nongovernmental organizations that provide services
to trafficking victims. The members shall receive expense reimbursement as specified
in section 15.059.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin To the extent possible, the human trafficking task force
consists of the following individuals, or their designees, who are knowledgeable in
trafficking, crime victims??a??a?? rights, or violence protection:
new text end

new text begin (1) a representative of the Minnesota Police Chiefs??a??a?? Association;
new text end

new text begin (2) a representative of the Bureau of Criminal Apprehension;
new text end

new text begin (3) a representative of the Minnesota Sheriffs??a??a?? Association;
new text end

new text begin (4) a peace officer who works and resides in the metropolitan area, composed of
Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties;
new text end

new text begin (5) a peace officer who works and resides in the nonmetropolitan area;
new text end

new text begin (6) a county attorney who works in Hennepin County;
new text end

new text begin (7) a county attorney who works in Ramsey County;
new text end

new text begin (8) a representative of the attorney general's office;
new text end

new text begin (9) a representative of the Department of Public Safety??a??a??s office of justice program;
new text end

new text begin (10) a representative of the federal Homeland Security Office;
new text end

new text begin (11) a representative of the Department of Health and Human Services;
new text end

new text begin (12) the chair or executive director of the Council on Asian-Pacific Minnesotans;
new text end

new text begin (13) the chair or executive director of the Minnesota Chicano Latino Affairs Council;
new text end

new text begin (14) a representative of the United States Attorney's Office; and
new text end

new text begin (15) eight representatives from nongovernmental organizations which may include
representatives of:
new text end

new text begin (i) the Minnesota Coalition for Battered Women;
new text end

new text begin (ii) the Minnesota Coalition Against Sexual Assault;
new text end

new text begin (iii) a statewide or local organization that provides civil legal services to women
and children;
new text end

new text begin (iv) a statewide or local organization that provides mental health services to women
and children;
new text end

new text begin (v) a statewide or local human rights and social justice advocacy organization;
new text end

new text begin (vi) a statewide or local organization that provides services to victims of torture,
trauma, or human trafficking;
new text end

new text begin (vii) a statewide or local organization that serves the needs of immigrants and
refugee women and children from diverse ethnic communities; and
new text end

new text begin (viii) a statewide or local organization that provides legal services to low income
immigrants.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall annually elect a chair and
vice-chair from among its members, and may elect other officers as necessary. The task
force shall meet at least quarterly, or upon the call of its chair. The task force shall meet
sufficiently enough to accomplish the tasks identified in this section.
new text end

new text begin (b) The task force shall seek out and enlist the cooperation and assistance of
nongovernmental organizations and academic researchers, especially those specializing in
trafficking, representing diverse communities disproportionately affected by trafficking, or
focusing on child services and runaway services.
new text end

new text begin Subd. 4. new text end

new text begin Coordinator. new text end

new text begin The commissioner of public safety shall appoint a statewide
trafficking coordinator recommended by the task force. The coordinator is a position
in the unclassified service and shall continue beyond the dissolution of the committee.
The coordinator shall:
new text end

new text begin (1) coordinate and monitor the activities of the agencies implementing sections
299A.78 to 299A.795;
new text end

new text begin (2) facilitate local efforts and ensure statewide coordination of efforts to prevent
trafficking;
new text end

new text begin (3) facilitate training for personnel;
new text end

new text begin (4) monitor compliance with investigative protocols; and
new text end

new text begin (5) implement an outcome evaluation and data quality control process.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, the task force expires June
30, 2011, or once it has implemented and evaluated the programs and policies in sections
299A.78 to 299A.795 to the satisfaction of the commissioner, whichever occurs first.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $200,000 is appropriated in fiscal year 2007 from the general fund to the
commissioner of public safety to carry out the commissioner's duties in sections 1 to 4.
The base for this appropriation is $200,000 in fiscal year 2008 and $150,000 thereafter
until the task force expires.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

ARTICLE 2

CRIMINAL PROVISIONS

Section 1.

Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:

609.282 LABOR TRAFFICKING.

new text begin Subdivision 1. new text end

new text begin Individuals under age 18. new text end

new text begin Whoever knowingly engages in the
labor trafficking of an individual who is under the age of 18 is guilty of a crime and
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $40,000, or both.
new text end

new text begin Subd. 2. new text end

new text begin Other offenses. new text end

Whoever knowingly engages in the labor 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 begin Subd. 3. new text end

new text begin Consent or age of victim not a defense. new text end

In a prosecution under this
section the consent or age of the victim is not a defense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:

609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN
FURTHERANCE OF LABOR OR SEX TRAFFICKING.

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

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:

(1) in the course of a violation of section 609.282 or 609.322;

(2) with intent to violate section 609.282 or 609.322; or

(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;

is guilty of a crime and may be sentenced new text begin as provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin A person who violates subdivision 1 may be sentenced as
follows:
new text end

new text begin (1) if the crime involves a victim under the age of 18, to imprisonment for not more
than ten years or to payment of a fine of $20,000, or both; or
new text end

new text begin (2) in other cases, new text end to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both.

new text begin Subd. 3. new text end

new text begin Consent or age of victim not a defense. new text end

In a prosecution under this
section the consent or age of the victim is not a defense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end