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?..

[The world will shine with light in our nightmare]

I have introduced this legislation as an effort to continue interregional efforts to deter the heinous act known as child trafficking.  This law was originally passed in the state of Indiana with overwhelming support from both parties and a similar law was recently taken up and passed by the Mideast Region.  This is an issue that I was able to work with Mideast Assemblyman JCL on recently, and he has offered to come to the Assembly to speak on the bill's behalf.  Though I anticipate this bill to be generally noncontroversial, I hope his advocacy will condense this body's support.

[MyRescueKittehRocks]

Northeast Representatives and Governor Scott,

Thank you for inviting me to this assembly to discuss a matter of social justice that any of intellect and reason regardless of party can agree upon.

When I was in Kansas City around this time last year I saw a documentry on the subject of human trafficking. I had heard of the issue before and wasn't sure what could be done to curtail the statistics. Then the documentary showed a more sinister turn. Governments aiding and enabling traffickers. How can government do such an evil thing? I was always raised to believe that the role of government was to protect liberty.  Then near the end it showed individuals and government working together to combat this social blight. Several nations governments have made tremendous progress to further combat this ill. I speak because I can understand to an extent what they went through. Abuse is abuse regardless if its trafficking, or abuse from a parent, teacher etc. The victims need our sympathy and aid. The perps need thrown in jail for a long time. I would suggest working with the faith community to help in the healing process. Mental health professionals and educators should also be vital in this undertaking. A Hebrew prophet named Micah once called out the powerful of his day over the injustices that they were comitting. He gave a three fold plan towarda governmental reform. That being to do justly, loving mercy, and walking humbly. This fulfills that in every way. Passing this would be promoting not just conservative moral sentiment but liberal compassion.

Thank you and May God and Dave save the Northeast Region and Atlasia

[H.E. VOLODYMYR ZELENKSYY]

People who don't like this bill should be shot.

[The world will shine with light in our nightmare]

Thank you for your compelling words, JCL.

[Goldwater]

I literally can't think of any argument anybody could have against this bill.

[Poirot]

Do we have to choose between version a and version b for section 1 ? From the original bill source, it seems one version was effective until a certain date and the other version after that date.

[Cincinnatus]

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

[The world will shine with light in our nightmare]

I'm not entirely sure why the versions are similar, but I proposed the bill as is simply because this is the way the Indiana law was framed.  (I'm not an expert on why real laws are written in the composition they usually are.)  However, I will shorten the bill at the request of the Representative and Senator.  Doing so shouldn't negate its purpose, by any means.

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[Poirot]

I noticed the text was very similar but was afraid to ask a stupid question like what does version means. Today I clicked on the link to the original source and found it looks like the legisaltion was modified.

Version B is effective 7-1-2012. Version A was effective until 7-1-2012.

I think in choosing the version B text and removing the section A part we are doing the right thing.

[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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[The world will shine with light in our nightmare]

The amendment is friendly.  That's actually what my previous post was intended to be.

[Poirot]

I am sorry for creating confusion (sometimes I'm good at it, it seems). I was agreeing to the Governor's modification of the original proposal.

Governor Scott already deleted the version A part of the original proposal, so there is nothing to strike anymore Speaker Cincinnatus. The 10 first lines should not have a line going over them. They are part of the current real life law.

I'll try to stop speaking about this.

[Cincinnatus]

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

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[H.E. VOLODYMYR ZELENKSYY]

Aye.

[Goldwater]

AYE

[Poirot]

aye

[Barnes]

Aye.

[Cincinnatus]

Aye

[Cincinnatus]

With unanimous support, the bill passes.