HB 29-41: Anti-Human Trafficking Act (DEBATING)

[OBD]

SENATE BILL

A bill to reduce the harmful effects of human trafficking in our land.

Be it resolved in the CONGRESS OF THE REPUBLIC OF ATLASIA

Anti-Human Trafficking Act

Section 1. Permissions

A regional department shall be authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:

A) As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of such child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and

B) A child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker

Section 2. Penalties

The crimes and offenses relating to trafficking of persons for labor or sexual servitude are as follows:

A) A person commits the offense of trafficking an individual for sexual servitude when that person knowingly:

1) Subjects an individual to or maintains an individual in sexual servitude;

2) Recruits, entices, harbors, transports, provides, solicits, patronizes, or obtains by any means an individual for the purpose of sexual servitude; or

3) Solicits or patronizes by any means an individual to perform sexually explicit conduct on behalf of such person when such individual is the subject of sexual servitude Benefits financially or by receiving anything of value from the sexual servitude of another."

4) Any person who commits the offense of trafficking an individual for labor servitude or sexual servitude shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years and a fine not to exceed $100,000.00.

5) Any person who commits the offense of trafficking an individual for labor servitude or sexual servitude against an individual who is under 18 years of age and such individual under the age of 18 years was coerced or deceived into being trafficked for labor or if the offense is committed against an individual who has a developmental disability, the person shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than 25 nor more than 50 years or life imprisonment and a fine not to exceed $100,000.00.

People's Regional Senate
Passed 6-0 in the Atlasian Senate Assembled,

Status: Debating
Sponsor: Talleyrand

[Talleyrand]

I can assume sponsorship.

[lfromnj]

Seems ok on paper but would this apply to BDSM relations? Seems like it would criminalize that.

[OBD]

24 hours to object to Talley sponsoribgn.

[Joseph Cao]

Sponsorship recognized, I presume?

Fairly uncontroversial bill, which is a refreshing change from the last time the House debated human trafficking, and I have no objections to its contents. Might need to check existing statute and see if we have any areas of overlap with what's on the books.

[OBD]

Sponsor is recognized, indeed.

Talleyrand, feel free to advocate for this bill.

[Talleyrand]

Yep, this one's pretty straightforward.

We need to protect our most vulnerable and that includes our youth. Too many times, people wish to take advantage of them for their own gain. This bill establishes protections for our youth and penalties for those who perpetrate the act of human trafficking. We must be unified against such offenses.

I echo Sen. Razze.

[Talleyrand]

Motion for final vote.

[Harvey Updyke Jr🌹]

Objection.  A member has asked an important question about BDSM.

[OBD]

Cloture vote opened. 72 hours.

[Harvey Updyke Jr🌹]

Can someone just answer his question?  It wasn't in bad faith.

Nay on cloture.

[lfromnj]

Nay, would like my question answered.

[Talleyrand]

Nay, would like my question answered.

Apologies, didn't see it!

I don't think it would as long as the BDSM practitioner isn't held under involuntary servitude.

[Harvey Updyke Jr🌹]

Nay, would like my question answered.

Apologies, didn't see it!

I don't think it would as long as the BDSM practitioner isn't held under involuntary servitude.

But what if the role play was as an involuntary sex slave?

[OBD]

Nay, would like my question answered.

Apologies, didn't see it!

I don't think it would as long as the BDSM practitioner isn't held under involuntary servitude.

But what if the role play was as an involuntary sex slave?

Presumably that would be a violation of this law (which it rightfully should be)

[Joseph Cao]

This thread took a turn.

Assuming the cloture vote is still open, Aye.

[OBD]

Still two days left on this vote. Currently the Nays lead 2-1.

[P. Clodius Pulcher did nothing wrong]

Obviously consensual sex would still be legal. If you guys want to make that explicit in an amendment, then add it to the bill…

[Dr. MB]

Nay

[Talleyrand]

Aye

[Harvey Updyke Jr🌹]

Can't vote for something that will lock people up for having extremely kinky sex.

[Joseph Cao]

Fairly sure the cloture vote fails, but confirmation from the presiding officer would always be welcome.

In any case I think there is a very clear distinction of intent between roleplaying and actual involuntary servitude that should keep these odd edge cases out of the bill's jurisdiction.

[OBD]

Cloture fails. Debate resumes.

I concur with Cao that this bill is fine and doesn't infringe on the rights of people to do what they wish in the bedroom. Involuntary means involuntary, and it's clear any such offenses should be punishable.

[Joseph Cao]

Any more debate to be had here? Non-BDSM related if at all possible.

[lfromnj]

I guess its fine but just had to be sure.
Also needed some fun debate on a bill