NE2: The Northeast Anti-Human Trafficking Act [Passed]

[Cincinnatus]

The Assembly will now consider the following legislation introduced by the Governor.  Debate will last 72 hours.

The Nefarious Act

aka

The Northeast Anti-Human Trafficking Act



Be it enacted by Assembly of the Northeast Region convened.

Human and Sexual Trafficking

Version a
Promotion of human trafficking; sexual trafficking of a minor; human trafficking

    Sec. 1. (a) A person who, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors, or transports another person:
        (1) to engage the other person in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) to force the other person into:
            (A) civil union;
            (B) prostitution; or
            (C) participating in sexual conduct;
commits promotion of human trafficking, a Class B felony.
    (b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of:
        (1) engaging the child in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) inducing or causing the child to:
            (A) engage in prostitution; or
            (B) participate in sexual conduct;
commits promotion of human trafficking of a minor, a Class B felony. It is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
    (c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct commits sexual trafficking of a minor, a Class A felony.
    (d) A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into:
        (1) forced labor;
        (2) involuntary servitude; or
        (3) prostitution;
commits human trafficking, a Class C felony.

Version b
Promotion of human trafficking; sexual trafficking of a minor;

    Sec. 1. (a) A person who, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors, or transports another person:
        (1) to engage the other person in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) to force the other person into:
            (A) civil union;
            (B) prostitution; or
            (C) participating in sexual conduct;
commits promotion of human trafficking, a Class B felony.
    (b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of:
        (1) engaging the child in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) inducing or causing the child to:
            (A) engage in prostitution; or
            (B) participate in sexual conduct;
commits promotion of human trafficking of a minor, a Class B felony. Except as provided in subsection (e), it is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
    (c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct commits sexual trafficking of a minor, a Class A felony.
    (d) A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into:
        (1) forced labor;
        (2) involuntary servitude; or
        (3) prostitution;
commits human trafficking, a Class C felony.
    (e) It is a defense to a prosecution under subsection (b)(2)(B) if:
        (1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or
        (2) all the following apply:
            (A) The person is not more than four (4) years older than the victim.
            (B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship.

The term "ongoing personal relationship" does not include a family relationship.
            (C) The crime:
                (i) was not committed by a person who is at least twenty-one (21) years of age;
                (ii) was not committed by using or threatening the use of deadly force;
                (iii) was not committed while armed with a deadly weapon;
                (iv) did not result in serious bodily injury;
                (v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; and
                (vi) was not committed by a person having a position of authority or substantial influence over the victim.
            (D) The person has not committed another sex offense, including a delinquent act that would be a sex offense if committed by an adult, against any other person.

Restitution orders
     Sec. 2. In addition to any sentence or fine imposed for a conviction of an offense under section 1 of this chapter, the court shall order the person convicted to make restitution to the victim of the crime.
Civil cause of action
     Sec. 3. (a) If a person is convicted of an offense under section 1 of this chapter, the victim of the offense:
        (1) has a civil cause of action against the person convicted of the offense; and
        (2) may recover the following from the person in the civil action:
            (A) Actual damages.
            (B) Court costs (including fees).
            (C) Punitive damages, when determined to be appropriate by the court.
            (D) Reasonable attorney's fees.
    (b) An action under this section must be brought not more than two (2) years after the date the person is convicted of the offense under section 1 of this chapter.

Rights of alleged victims
     Sec. 4. (a) An alleged victim of an offense under section 1 of this chapter:
        (1) may not be detained in a facility that is inappropriate to the victim's status as a crime victim;
        (2) may not be jailed, fined, or otherwise penalized due to having been the victim of the offense; and
        (3) shall be provided protection if the victim's safety is at risk or if there is danger of additional harm by recapture of the victim by the person who allegedly committed the offense, including:
            (A) taking measures to protect the alleged victim and the victim's family members from intimidation and threats of reprisals and reprisals from the person who allegedly committed the offense or the person's agent; and
            (B) ensuring that the names and identifying information of the alleged victim and the victim's family members are not disclosed to the public.
This subsection shall be administered by law enforcement agencies and the Northeast criminal justice institute as appropriate.
(C) The Northeast shall grant asylum to any victim that is not an Atlasian national provided approval from the national government
    (b) Not more than fifteen (15) days after the date a law enforcement agency first encounters an alleged victim of an offense under section 1 of this chapter, the law enforcement agency shall provide the alleged victim with a completed Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. However, if the law enforcement agency finds that the grant of an LEA Declaration is not appropriate for the alleged victim, the law enforcement agency shall, not more than fifteen (15) days after the date the agency makes the finding, provide the alleged victim with a letter explaining the grounds for the denial of the LEA Declaration. After receiving a denial letter, the alleged victim may submit additional evidence to the law enforcement agency. If the alleged victim submits additional evidence, the law enforcement agency shall reconsider the denial of the LEA Declaration not more than seven (7) days after the date the agency receives the additional evidence.


(Source of original bill: http://www.ai.org/legislative/ic/code/title35/ar42/ch3.5.html)

[Cincinnatus]

Representatives, do we need to extend debate time on this bill so that everyone reads it?..

[Cincinnatus]

I'll extend debate on this a day.  If anyone has an amendment to offer...  please do so.

[Cincinnatus]

Is this amendment friendly Scott?  Poirot, I assume this is your proposal.  In the future, please quote and edit the text so it's a formal proposal and prevents confusion.

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[Cincinnatus]

Debate time has expired.  We will now vote on the final text;

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[Cincinnatus]

Aye

[Cincinnatus]

With unanimous support, the bill passes.