2014 -- H 7612 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES - TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

     Introduced By: Representatives Messier, Williams, Martin, Serpa, and Ferri

     Date Introduced: February 26, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-67-3 and 11-67-5 of the General Laws in Chapter 11-67

entitled "Trafficking of Persons and Involuntary Servitude" are hereby amended to read as

follows:

     11-67-3. Trafficking of persons for forced labor or commercial sexual activity. – (a)

It shall be unlawful for any person to Whoever knowingly:

      (a) (1) Recruits, entices, harbors, transports, provides, or obtains Recruit, entice, harbor,

transport, provide, or obtain by any means, or attempts attempt to recruit, entice, harbor, transport

provide, or obtain by any means, another person, intending or knowing that the person will be

subjected to forced labor in order to commit a or commercial sexual activity prohibited by § 11-

67-2; or

      (b) (2) Benefits Benefit, financially or by receiving anything of value, from knowing

participation in a venture which has engaged in an act described in violation of section 11-67-2,

or 11-67-3,.

     (b) Any person found in violation of subsection (a) of this section is guilty of a felony

and upon conviction, is subject to not more than twenty (20) years imprisonment or a fine of not

more than twenty thousand dollars ($20,000), or both; provided, however, that this subsection

shall not apply to a "victim" as defined in this chapter.

     (c) No person shall be charged under this section if his or her conduct falls within § 11-

34.1-2 ("prostitution"), unless the person derives a financial benefit from the commercial sexual

activity of the victim.

     (d) No person shall be charged under this section if his or her conduct falls within § 11-

34.1-3 ("procurement of sexual conduct for a fee"), unless the person derives a financial benefit

from the commercial sexual activity of the victim.

     11-67-5. Forfeitures. -- (a) A person who is found in a criminal proceeding to be in

violation of section 11-67-2 or 11-67-3 shall forfeit to the state of Rhode Island any profits or

proceeds and any interest or property he or she has acquired or maintained in violation of this act,

that the sentencing court determines, after a forfeiture hearing, to have been acquired or

maintained as a result of maintaining a person in involuntary servitude or participating in

trafficking in persons for forced labor in order to commit a criminal sexual activity.

      (b) The court shall upon petition by the attorney general at any time following

sentencing, conduct a hearing to determine whether any property or property interest is subject to

forfeiture under this section. At the forfeiture hearing the state shall have the burden of

establishing by a preponderance of the evidence that property or property interests are subject to

forfeiture under this section.

      (c) In any action brought by the state of Rhode Island under this section, wherein any

restraining order, injunction, or prohibition or any other action in connection with any property or

interest subject to forfeiture under this section is sought, the court shall first determine whether

there is probable cause to believe that the person or persons so charged have committed the

offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for

forced labor or commercial sexual activity and whether the property or property interest is subject

to forfeiture pursuant to this section.

      (d) All monies forfeited and the sale proceeds of all other property forfeited and seized

under this section shall be deposited in the general fund. Any proceeds derived directly from a

violation of this chapter are subject to seizure and forfeiture and further proceedings shall be had

for their forfeiture as is prescribed by law in chapter 21 of title 12.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

***

     This act would make technical amendments to the sections of the "Trafficking of Persons

and Involuntary Servitude" chapter of the general laws.

     This act would take effect upon passage.

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