2017 -- S 0073 SUBSTITUTE A AS AMENDED

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LC000159/SUB A/3

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING CRIMINAL OFFENSES - UNIFORM ACT ON THE PREVENTION OF AND

REMEDIES FOR HUMAN TRAFFICKING

     Introduced By: Senators Coyne, Morgan, Lombardi, Jabour, and Archambault

     Date Introduced: January 18, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-67 of the General Laws entitled "Trafficking of Persons and

Involuntary Servitude" is hereby repealed in its entirety.

CHAPTER 11-67

Trafficking of Persons and Involuntary Servitude

     11-67-1. Definitions.

     As used herein:

     (1) "Intimidation" means an intentional written, verbal or physical act or threat of a

physical act that, under the totality of circumstances a reasonable person should know will have

the effect of: physically harming, or damaging a person's property, placing a person in reasonable

fear of harm to his or her person or to his or her family, or placing a person in reasonable fear of

damage to his or her property.

     (2) "Commercial sexual activity" means any sex act which is performed or promised in

return for payment of money.

     (3) "Forced labor" means labor performed or provided by another person that is obtained

or maintained through:

     (i) Any scheme, plan, or pattern intending to cause or threatening to cause physical harm

to any person;

     (ii) An actor's physically restraining or threatening to physically restrain another person;

     (iii) An actor's abusing or threatening to abuse the law or legal process;

     (iv) An actor's knowingly destroying, concealing, removing, confiscating, or possessing

without a person's consent any actual or purported passport or other immigration document, or

any other actual or purported government identification document, of another person;

     (v) An actor's blackmail; or

     (vi) An actor's intimidation.

     (4) "Labor" means work of economic or financial value.

     (5) "Maintain" means, in relation to labor, to secure continued performance thereof,

regardless of any initial agreement on the part of the victim to perform such type of labor.

     (6) "Obtain" means in relation to labor, to secure continued performance thereof.

     (7) "Sex act" means any sexual contact or sexual penetration of a person, as defined in §

11-37-1.

     (8) "Victim" means a person subject to the practices set forth in § 11-67-2 or 11-67-3.

     11-67-2. Involuntary servitude.

     Whoever knowingly subjects, attempts to subject, or engages in a conspiracy to subject

another person to forced labor or commercial sexual activity either by:

     (1) Causing or threatening to cause physical harm to any person;

     (2) Physically restraining or threatening to physically restrain another person;

     (3) Abusing or threatening to abuse the law or legal process;

     (4) Knowingly destroying, concealing, removing, confiscating or possessing without that

person's consent any actual or purported passport or other immigration document, or any other

actual or purported government identification document, of another person; or

     (5) By using intimidation; shall be guilty of a felony and subject to not more than twenty

(20) years imprisonment or a fine of not more than twenty thousand dollars ($20,000) or both.

     11-67-3. Trafficking of persons for forced labor or commercial sexual activity.

     Whoever knowingly:

     (a) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts

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 commercial sexual

activity; or

     (b) Benefits, financially or by receiving anything of value, from knowing participation in

a venture which has engaged in an act described in violation of § 11-67-2, or 11-67-3, is guilty of

a felony and 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

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apply to a "victim" as defined in this chapter.

     11-67-4. Restitution.

     In addition to any other amount of loss identified, the court shall order restitution

including the greater of:

     (a) The gross income or value to the defendant of the victim's labor or commercial sexual

activity; or

     (b) The value of the victim's labor as guaranteed under the minimum wage law and

overtime provisions of the Fair Labor Standards Act (FLSA) or the minimum wage law,

whichever is greater.

     11-67-5. Forfeitures.

     (a) A person who is found in a criminal proceeding to be in violation of § 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.

     11-67-6. Sex trafficking of a minor.

     (a) Definitions. As used in this section:

     (1) "Commercial sex act" means any sex act or sexually explicit performance on account

of which anything of value is given, promised to, or received, directly or indirectly, by any

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person.

     (2) "Minor" refers to any natural person under eighteen (18) years of age.

     (3) "Person" includes an individual, corporation, partnership, association, a government

body, a municipal corporation, or any other legal entity.

     (4) "Sex act" means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital

intrusion or intrusion by any object into the genital opening or anal opening of another person's

body or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the

sexual desire of either person.

     (5) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (b) Any person who:

     (1) Recruits, employs, entices, solicits, isolates, harbors, transports, provides, persuades,

obtains, or maintains, or so attempts, any minor for the purposes of commercial sex acts; or

     (2) Sells or purchases a minor for the purposes of commercial sex acts; or

     (3) Benefits, financially or by receiving anything of value, from participation in a venture

which has engaged in an act described in subdivision (1) or (2); or

     (c) Every person who shall commit sex trafficking of a minor shall be guilty of a felony

and subject to not more than fifty (50) years imprisonment or a fine of up to forty thousand

dollars ($40,000), or both.

     (d) Obstructs, or attempts to obstruct, or in any way interferes with or prevents the

enforcement of this section shall be guilty of a felony and subject to not more than thirty-five (35)

years imprisonment, or a fine of up to forty thousand dollars ($40,000), or both.

     (e) In a prosecution under this section, the government need not prove that the defendant

knew the victim's age.

     11-67-7. Interagency task force on trafficking in persons created -- Composition --

Duties and responsibilities.

     (a) There is hereby created an interagency human trafficking of persons task force which

will examine and report upon the extent of the existence of human trafficking for commercial

sexual activity within the State of Rhode Island. The task force shall consist of the attorney

general or his or her designee; the superintendent of the Rhode Island State Police or his or her

designee; the director of the Municipal Police Training Academy or his or her designee; the Chief

of Police of the City of Providence or his or her designee; the President of the Rhode Island

Police Chief's Association or his or designee; the public defender or his or her designee; and the

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director of the Rhode Island Commission on Women or his or her designee.

     (b) Additionally, the governor, the president of the senate and the speaker of the house

shall each appoint three (3) members of the public who have a special expertise dealing with

victims of crimes; the behavioral needs of women and children; social welfare issues such as the

financial, healthcare, housing and literacy needs of women, children and low-income individuals;

social justice and human rights issues; issues facing immigrants and non-citizens, civil rights;

and/or specialized training in human trafficking and the needs of victims of human trafficking.

     (c) A quorum of the committee shall consist of at least eight (8) of its members. The task

force shall elect a chairperson.

     (d) On or before December 31, 2010, the task force shall submit to the Governor, the

Attorney General, the Speaker of the House of Representatives and the President of the Senate a

report setting forth its findings as to the extent to which human trafficking for commercial sexual

activity is occurring in this State and making such recommendations as it deems appropriate for

legislative and executive action relating to the enforcement of this chapter and the provision of

social services to victims of human trafficking.

     11-67-8. Reporting.

     On or before January 15, 2010, and semi-annually thereafter, each law enforcement

agency in this state shall file with the Governor, the Attorney General, the Speaker of the House

of Representatives and the President of the Senate a report concerning the agency's enforcement

of this chapter during the preceding six (6) month period. Each semi-annual report shall contain,

but need not be limited to, the following information:

     (1) The number of persons arrested pursuant to § 11-67-2, § 11-67-3, subsection 11-67-

6(b), and subsection 11-67-6(d).

     (2) Of those arrested, the number of persons convicted, placed on probation, whose case

is filed pursuant to § 12-10-12, whether those persons pled guilty or nolo contendere or were

found guilty after trial by judge or jury;

     (3) The fines and/or sentences of those persons identified pursuant to subdivision (2) of

this section; and

     (4) A summary of the amounts of fines levied and the lengths of sentences identified

pursuant to subdivision (3) of this section.

     SECTION 2. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 67.1

     UNIFORM ACT ON THE PREVENTION OF AND REMEDIES FOR HUMAN

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TRAFFICKING

     11-67.1-1. Short title.

     This chapter shall be known and cited as the "Uniform Act on the Prevention of and

Remedies for Human Trafficking."

     11-67.1-2. Definitions.

     (a) For purposes of this chapter:

     (1) "Adult" means an individual eighteen (18) years of age or older.

     (2) "Coercion" means:

     (i) The use or threat of force against, abduction of, serious harm to, or physical restraint

of, an individual;

     (ii) The use of a plan, pattern, or statement with intent to cause an individual to believe

that failure to perform an act will result in the use of force against, abduction of, serious harm to,

or physical restraint of, an individual;

     (iii) The abuse or threatened abuse of law or legal process;

     (iv) Controlling or threatening to control an individual's access to a controlled substance

as defined in §21-28-1.02;

     (v) The destruction or taking of or a threatened destruction or taking of an individual's

identification document or other property;

     (vi) The use of debt bondage;

     (vii) The use of an individual's physical or mental impairment when the impairment has a

substantial adverse effect on the individual's cognitive or volitional function; or

     (viii) The commission of civil or criminal fraud.

     (3) "Commercial sexual activity" means sexual activity for which anything of value is

given to, promised to, or received, by a person.

     (4) "Debt bondage" means inducing an individual to provide:

     (i) Commercial sexual activity in payment toward or satisfaction of a real or purported

debt; or

     (ii) Labor or services in payment toward or satisfaction of a real or purported debt if:

     (A) The reasonable value of the labor or services is not applied toward the liquidation of

the debt; or

     (B) The length of the labor or services is not limited and the nature of the labor or

services is not defined.

     (5) "Human trafficking" means the commission of an offense created by §§11-67.1-3

through 11-67.1-7.

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     (6) "Identification document" means a passport, driver's license, immigration document,

travel document, or other government-issued identification document, including a document

issued by a foreign government.

     (7) "Labor or services" means activity having economic value.

     (8) "Minor" means an individual less than eighteen (18) years of age.

     (9) "Person" means an individual, estate, business or nonprofit entity, or other legal

entity. The term does not include a public corporation or government or governmental

subdivision, agency, or instrumentality.

     (10) "Serious harm" means harm, whether physical or nonphysical, including

psychological, economic, or reputational, to an individual which would compel a reasonable

individual of the same background and in the same circumstances to perform or continue to

perform labor or services or sexual activity to avoid incurring the harm.

     (11) "Sexual activity" means sexual intercourse, cunnilingus, fellatio, anal intercourse or

the intentional touching of the victim's or accused's intimate body parts, clothed or unclothed, if

the touching is for the purpose of sexual arousal, gratification, or assault. The term includes a

sexually-explicit performance.

     (12) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy

the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

the United States. The term includes an Indian tribe or band recognized by federal law or

formally acknowledged by a state.

     (14) "Victim" means an individual who is subjected to human trafficking or to conduct

that would have constituted human trafficking had this chapter been in effect when the conduct

occurred, regardless of whether the perpetrator is identified, apprehended, prosecuted, or

convicted.

     11-67.1-3. Trafficking an individual.

     (a) A person commits the offense of trafficking an individual if the person knowingly

recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices

an individual in furtherance of:

     (1) Forced labor in violation of §11-67.1-4; or

     (2) Sexual servitude in violation of §11-67.1-5.

     (b) Every person who shall commit trafficking of a minor shall be guilty of a felony,

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subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars

($40,000), or both.

     (c) Every person who shall commit trafficking of an adult shall be guilty of a felony,

subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars

($20,000), or both.

     11-67.1-4. Forced labor.

     (a) A person commits the offense of forced labor if the person knowingly uses coercion

to compel an individual to provide labor or services, except when such conduct is permissible

under federal law or law of this state other than this chapter.

     (b) Every person who shall commit forced labor of a minor shall be guilty of a felony,

subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars

($40,000), or both.

     (c) Every person who shall commit forced labor of an adult shall be guilty of a felony,

subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand dollars

($20,000), or both.

     11-67.1-5 Sexual servitude.

     (a) A person commits the offense of sexual servitude if the person knowingly:

     (1) Maintains or makes available a minor for the purpose of engaging the minor in

commercial sexual activity; or

     (2) Uses coercion or deception to compel an adult to engage in commercial sexual

activity.

     (b) It is not a defense in a prosecution under subsection (a)(1) of this section that the

minor consented to engage in commercial sexual activity or that the defendant believed the minor

was an adult.

     (c) Every person who shall commit sexual servitude of a minor shall be guilty of a felony,

subject to not more than fifty (50) years imprisonment, a fine of up to forty thousand dollars

($40,000), or both.

     (d) Every person who shall commit sexual servitude of an adult shall be guilty of a

felony, subject to not more than twenty (20) years imprisonment, a fine of up to twenty thousand

dollars ($20,000), or both.

     11-67.1-6. Patronizing a victim of sexual servitude.

     (a) A person commits the offense of patronizing a victim of sexual servitude if the person

knowingly gives, agrees to give or offers to give anything of value so that an individual may

engage in commercial sexual activity with another individual and the person knows that the other

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individual is a victim of sexual servitude.

     (b) Every person who shall patronize a minor for purposes of sexual servitude of a minor

shall be guilty of a felony, subject to not more than twenty (20) years imprisonment, a fine of up

to twenty thousand dollars ($20,000), or both.

     (c) Every person who shall patronize an adult for purposes of sexual servitude of an adult

shall be guilty of a felony, subject to not more than ten (10) years imprisonment, a fine of up to

ten thousand dollars ($10,000), or both.

     11-67.1-7. Patronizing a minor for commercial sexual activity.

     (a) A person commits the offense of patronizing a minor for commercial sexual activity

if:

     (1) With the intent that an individual engage in commercial sexual activity with a minor,

the person gives, agrees to give, or offers to give anything of value to a minor or another person

so that the individual may engage in commercial sexual activity with a minor; or

     (2) The person gives, agrees to give, or offers to give anything of value to a minor or

another person so that an individual may engage in commercial sexual activity with a minor.

     (b) Every person who shall patronize a minor for purposes of commercial sexual activity

with a minor shall be guilty of a felony, subject to not more than ten (10) years imprisonment, a

fine of up to twenty thousand dollars ($20,000), or both.

     11-67.1-8. Business entity liability.

     (a) A person that is a business entity may be prosecuted for an offense under §§11-67.1-3

through 11-67.1-7 of this chapter only if:

     (1) The entity knowingly engages in conduct that constitutes human trafficking; or

     (2) An employee or nonemployee agent of the entity engages in conduct that constitutes

human trafficking and the conduct is part of a pattern of activity in violation of this chapter for

the benefit of the entity, which the entity knew was occurring and failed to take effective action to

stop.

     (b) When a person that is a business entity is prosecuted for an offense under §§11-67.1-3

through 11-67.1-7, the court may consider the severity of the entity's conduct and order penalties

in addition to those otherwise provided for the offense, including:

     (1) A fine of not more than fifty thousand dollars ($50,000) per offense;

     (2) Disgorgement of profit from activity in violation of this chapter; and

     (3) Debarment from state and local government contracts.

     11-67.1-9. Aggravating circumstance.

     (a) An aggravating circumstance during the commission of an offense under §§11-67.1-3,

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11-67.1-4, or 11-67.1-5 occurs when:

     (1) The defendant recruited, enticed, or obtained the victim of the offense from a shelter

that serves individuals subjected to human trafficking, domestic violence, or sexual assault,

runaway youth, foster children, or the homeless; or

     (2) Kidnaps, holds hostage or otherwise keeps the victim against their will.

     (b) Whenever it appears that a person may be subject to the enhanced sentence pursuant

to this section, the attorney general, in no case later than the first pretrial conference, shall file

with the court a notice specifying that the defendant, upon conviction, is subject to the imposition

of sentencing in accordance with this section.

     (c) Upon any plea of guilt or nolo contendere, or verdict or finding of guilt of the

defendant, the court shall conduct a sentencing hearing to determine if evidence of aggravating

circumstances exist. At the hearing, the court shall permit the attorney general and the defense

counsel to present additional evidence to the jury relevant to the determination of whether

aggravating circumstances exist. If the jury at the hearing, or in the case of a plea of guilty or nolo

contendere, the court at sentencing, determines beyond a reasonable doubt that aggravating

circumstances exist, they shall be sentenced as provided in subsection (d) of this section.

     (d) If the trier of fact finds that an aggravating circumstance occurred during the

commission of an offense under §§11-67.1-3, 11-67.1-4, or 11-67.1-5, the defendant may be

imprisoned for up to five (5) years in addition to the period of imprisonment prescribed for the

offense. Any such sentence may run consecutively to any other sentence imposed.

     11-67.1-10. Restitution.

     (a) The court shall order a person convicted of an offense under §§11-67.1-3, 11-67.1-4,

or 11-67.-5 to pay restitution to the victim of the offense for:

     (1) Expenses incurred or reasonably certain to be incurred by the victim as a result of the

offense, including reasonable attorneys' fees and costs; and

     (2) An amount equal to the greatest of the following, with no reduction for expenses the

defendant incurred to maintain the victim:

     (i) The gross income to the defendant for, or the value to the defendant of, the victim's

labor or services or sexual activity;

     (ii) The amount the defendant contracted to pay the victim; or

     (iii) The value of the victim's labor or services or sexual activity, calculated under the

minimum-wage and overtime provisions of the "Fair Labor Standards Act", 29 U.S.C. §201 et

seq., or subsection (a)(2) of this section, whichever is greater, even if the provisions do not apply

to the victim's labor or services or sexual activity.

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     (b) The court shall order restitution under subsection (a) of this section even if the victim

is unavailable to accept payment of restitution.

     (c) If the victim does not claim restitution ordered under subsection (a) of this section for

five (5) years after entry of the order, the restitution must be paid to the criminal injuries

compensation fund, as established in chapter 25 of title 12.

     11-67.1-11. Forfeiture.

     (a) On motion, the court shall order a person convicted of an offense under §§11-67.1-3,

11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that:

     (1) Was used or intended to be used to commit or facilitate the commission of the

offense; or

     (2) Constitutes proceeds or was derived from proceeds that the person obtained, directly

or indirectly, as a result of the offense.

     (b) In a proceeding against real or personal property under this section, the person

convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to

the seriousness of the offense. The person has the burden to establish the defense by a

preponderance of the evidence.

     (c) Proceeds from the public sale or auction of property forfeited under subsection (a) of

this section must be distributed in the manner provided for the distribution of the proceeds of

criminal forfeitures act pursuant to §§21-28-5.04.1 and 21-28-5.04.2.

     11-67.1-12. Statute of limitations.

     A prosecution for an offense under this chapter must be commenced not later than ten

(10) years after commission of the offense.

     11-67.1-13. Victim confidentiality.

     In an investigation of or a prosecution for an offense under this chapter, every agency of

state or local government shall keep confidential the identity, pictures, and images of the alleged

victim and the family of the alleged victim, except to the extent that disclosure is:

     (1) Necessary for the purpose of investigation or prosecution;

     (2) Required by law or court order; or

     (3) Necessary to ensure provision of services or benefits to the victim or the victim's

family.

     11-67.1-14. Past sexual behavior of victim.

     In a prosecution for an offense under this chapter or a civil action under §11-67.1-18,

evidence of a specific instance of the alleged victim's past sexual behavior or reputation or

opinion evidence of past sexual behavior of the alleged victim is not admissible unless the

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evidence is:

     (1) Admitted in accordance with §11-37-13; or

     (2) Offered by the prosecution to prove a pattern of human trafficking by the defendant.

     11-67.1-15. Immunity of minor.

     (a) An individual is not criminally liable or subject to a delinquency proceeding in the

family court for prostitution or solicitation to commit a sexual act if the individual was a minor at

the time of the offense and committed the offense as a direct result of being a victim.

     (b) An individual who has engaged in commercial sexual activity is not criminally liable

or subject to a delinquency proceeding in the family court for prostitution or solicitation to

commit a sexual act if the individual was a minor at the time of the offense.

     (c) A minor who under subsection (a) or (b) of this section is not subject to criminal

liability or a delinquency proceeding in family court is presumed to be an abused and/or

neglected child as defined in §40-11-2.

     (d) This section does not apply in a prosecution or a delinquency proceeding for

patronizing a prostitute.

     11-67.1-16. Affirmative defense of victim.

     An individual charged with prostitution or solicitation to commit a sexual act, committed

as a direct result of being a victim may assert an affirmative defense that the individual is a

victim.

     11-67.1-17. Motion to vacate and expunge conviction.

     (a) An individual convicted of prostitution or solicitation to commit a sexual act,

committed as a direct result of being a victim may apply by motion to the court having

jurisdiction over the offense, to vacate the conviction and seal or expunge the record of

conviction. The court may grant the motion after a hearing and upon a finding that the

individual's participation in the offense was a direct result of being a victim.

     (b) An official determination or documentation from a federal, state, local, or tribal

agency that the individual was a victim at the time of the offense creates a presumption that the

individual's participation was a direct result of being a victim.

     (c) A motion filed under subsection (a) of this section, any hearing conducted on the

motion, and any relief granted shall be conducted in accordance with the provisions of §§12-1-12,

12-1-12.1, and 12-1-12.2, of title 12 or chapter 1.3 of title 12.

     11-67.1-18. Civil action.

     (a) A victim may bring a civil action against a person that commits an offense against the

victim under §§11-67.1-3, 11-67.1-4, or 11-67.1-5 of this chapter for compensatory damages,

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punitive damages, injunctive relief, and any other appropriate relief.

     (b) If a victim prevails in an action under this section, the court shall award the victim

reasonable attorneys' fees and costs.

     (c) An action under this section must be commenced not later than ten (10) years after the

later of the date on which the victim:

     (1) No longer was subject to human trafficking; or

     (2) Attained eighteen (18) years of age.

     (d) Damages awarded to a victim under this section for an item must be offset by any

restitution paid to the victim pursuant to §11-67.1-10.

     (e) This section does not preclude any other remedy available to a victim under federal

law or other general or public law of this state other than this chapter.

     11-67.1-19. Council on human trafficking.

     (a) The council on human trafficking is created in the executive branch. The governor

shall appoint the chair and members of the council. Members must include representatives of:

     (1) Department of the attorney general, the department of health, the department of

children, youth and families, the department of behavioral healthcare, developmental disabilities

and hospitals, and law enforcement, that have contact with victims or perpetrators;

     (2) Nongovernmental organizations that represent, advocate for, or provide services to

victims; and

     (3) Other organizations and individuals, including victims, whose expertise would benefit

the council.

     (b) The state agencies represented on the council created under this section shall provide

staff to the council.

     (c) The council created under this section shall meet on a regular basis and:

     (1) Develop a coordinated and comprehensive plan to provide victims with services;

     (2) Collect and evaluate data on human trafficking in this state and submit an annual

report to the governor and legislature;

     (3) Promote public awareness about human trafficking, victim remedies and services, and

trafficking prevention;

     (4) Create a public awareness sign that contains the state and national human trafficking

resource center hotline information.

     (5) Coordinate training on human trafficking prevention and victim services for state and

local employees who may have recurring contact with victims or perpetrators; and

     (6) Conduct other appropriate activities.

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     11-67.1-20. Display of public awareness sign; Penalty for failure to display.

     (a) Any public or quasi-public transportation agency shall display a public awareness sign

that contains the state and national human trafficking resource center hotline information in every

transportation station, rest area, and welcome center in the state which is open to the public.

     (b) An employer shall display the public awareness sign described in subsection (a) of

this section in a place that is clearly conspicuous and visible to employees and the public at each

of the following locations in this state at which the employer has employees:

     (1) A strip club or other sexually-oriented business;

     (2) A business entity previously found to be a nuisance for prostitution;

     (3) A job-recruitment center;

     (4) A hospital; or

     (5) An emergency-care provider.

     (c) The department of labor and training shall impose a fine of three hundred dollars

($300) per violation on an employer that knowingly fails to comply with subsection (b) of this

section. The fine shall be the exclusive remedy for failure to comply.

     11-67.1-21. Eligibility for benefit or service.

     (a) A victim is eligible for a benefit or service available through the state in any plan

established by the council on human trafficking [and identified in the plan developed under §11-

67.1-19(c)(1)], including compensation under the criminal injuries compensation act pursuant to

chapter 25 of title 12, regardless of immigration status.

     (b) A minor who has engaged in commercial sexual activity is eligible for a benefit or

service available through the state in any plan established by the council on human trafficking,

regardless of immigration status.

     (c) As soon as practicable after a first encounter with an individual who reasonably

appears to any state or local agency, to be a victim or a minor who has engaged in commercial

sexual activity, the agency shall notify the department of attorney general, a state or local law

enforcement agency or the department of health that the individual may be eligible for a benefit

or service pursuant to this chapter.

     11-67.1-22. Law enforcement protocol.

     (a) On request from an individual whom a law enforcement officer or agent thereof,

reasonably believes is a victim who is or has been subjected to a severe form of trafficking or

criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8

U.S.C. §1101(a)(15)(T), or 8 U.S.C. §1101(a)(15)(U), or for continued presence under 22 U.S.C.

§7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall

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complete, sign, and give to the individual the Form I-914B or Form I-918B provided by the

United States Citizenship and Immigration Services on its Internet website and request assistance

from the local Immigration and Naturalization office.

     (b) If the law enforcement agency or officer determines that an individual does not meet

the requirements for the agency to comply with subsection (a) of this section, the agency shall

inform the individual of the reason and that the individual may make another request under

subsection (a) of this section and submit additional evidence satisfying the requirements.

     11-67.1-23. Grant to or contract with service provider.

     (a) To the extent that funds are appropriated for this purpose, the council on human

trafficking may make a grant to or contract with a unit of state or local government, or

nongovernmental victim's service organization to develop or expand service programs for

victims.

     (b) A recipient of a grant or contract under subsection (a) of this section shall report

annually to the council on human trafficking the number and demographic information of all

victims receiving services under the grant or contract.

     11-67.1-24. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.

     11-67.1-25. Severability.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.

     11-67.1-26. Effect of repeal on criminal prosecutions.

     (a) For the purposes of this chapter, the term "event" means and includes any conduct,

investigation, suit, prosecution, complaint, information, or indictment related to violations

committed before the date of repeal of chapter 67 of title 11.

     (b) No event occurring or committed under chapter 67 of title 11, as repealed, shall in any

case be affected by the repeal.

     (c) All of the events may be proceeded with pursuant to chapter 67 of title 11, which shall

be deemed to be in force for the purpose of prosecuting any of the events to final judgment and

execution or sentence, as the case may be.

     SECTION 3. Section 11-37.1-2 of the General Laws in Chapter 11-37.1 entitled "Sexual

Offender Registration and Community Notification" is hereby amended to read as follows:

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     11-37.1-2. Definitions.

     (a) "Aggravated offense" means, and includes, offenses involving sexual penetration of

victims of any age through the use of force, or the threat of use of force, or offenses involving

sexual penetration of victims who are fourteen (14) years of age or under.

     (b) "Board", "board of review", or "sex offender board of review" means the sex offender

board of review appointed by the governor pursuant to § 11-37.1-6.

     (c) (1) "Conviction" or "convicted" means, and includes, any instance where:

     (i) A judgment of conviction has been entered against any person for any offense

specified in subsection (e) or (k), regardless of whether an appeal is pending; or

     (ii) There has been a finding of guilty for any offense specified in subsection (e) or (k),

regardless of whether an appeal is pending; or

     (iii) There has been a plea of guilty or nolo contendere for any offense specified in

subsection (e) or (k), regardless of whether an appeal is pending; or

     (iv) There has been an admission of sufficient facts or a finding of delinquency for any

offense specified in subsection (e) or (k), regardless of whether or not an appeal is pending.

     (2) Provided, in the event that a conviction, as defined in this subsection, has been

overturned, reversed, or otherwise vacated, the person who was the subject of the conviction shall

no longer be required to register as required by this chapter and any records of a registration shall

be destroyed. Provided, further, that nothing in this section shall be construed to eliminate a

registration requirement of a person who is again convicted of an offense for which registration is

required by this chapter.

     (d) [Deleted by P.L. 2003, ch. 162, § 1 and by P.L. 2003, ch. 170, § 1].

     (e) "Criminal offense against a victim who is a minor" means, and includes, any of the

following offenses or any offense in another jurisdiction that is substantially the equivalent of the

following or for which the person is or would be required to register under 42 U.S.C. § 14071 or

18 U.S.C. § 4042(c):

     (1) Kidnapping or false imprisonment of a minor, in violation of §§ 11-26-1.4, 11-26-1 or

11-26-2, where the victim of the offense is sixteen (16) years of age or older and under the age of

eighteen (18) years;

     (2) Enticement of a child in violation of § 11-26-1.5 with the intent to violate §§ 11-37-6,

11-37-8, 11-37-8.1, 11-37-8.3;

     (3) Any violation of §§ 11-37-6, 11-37-8, 11-37-8.1, or 11-37-8.3;

     (4) Any violation of § 11-1-10, where the underlying offense is a violation of chapter 34

of this title and the victim, or person solicited to commit the offense, is under the age of eighteen

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(18) years;

     (5) Any violation of § 11-9-1(b) or (c);

     (6) Any violation of § 11-9-1.3;

     (7) Any violation of § 11-9-1.5;

     (8) Any violation of § 11-37.1-10;

     (9) Any violation of § 11-37-8.8;

     (10) Any violation of § 11-64-2, where the victim is under the age of eighteen (18) years;

     (11) Murder in violation of § 11-23-1, where the murder was committed in the

perpetration of, or attempted perpetration of, kidnapping and where the victim of the offense is

under eighteen (18) years of age; or

     (12) Any violation of § 11-67-6 Any violation of §§11-67-6, 11-67.1-3(b), 11-67.1-4(b),

11-67.1-5(c), 11-67.1-6(b), or 11-67.1-7(b).

     (f) "Designated state law enforcement agency" means the attorney general or his or her

designee.

     (g) "Employed, carries on a vocation" means and includes the definition of "employed,

carries on a vocation" under 42 U.S.C. § 14071.

     (h) "Institutions of higher education" means any university, two- or four-year (2 or 4)

college or community college.

     (i) "Mental abnormality" means a congenital or acquired condition of a person that affects

the emotional or volitional capacity of the person in a manner that predisposes that person to the

commission of criminal sexual acts to a degree that makes the person a menace to the health and

safety of other persons.

     (j) "Predator" means a person whose act(s) is (are) or was (were) directed at a stranger, or

at a person with whom a relationship has been established or promoted for the primary purpose of

victimization.

     (k) "Sexually violent offense" means, and includes, any violation of §§ 11-37-2, 11-37-4,

11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, 11-67-2 (where the victim was subject to commercial

sexual activity), 11-67-3(a), 11-67-3(b) (where the victim was subject to commercial sexual

activity) 11-67.1-3(c), (where the victim was subject to sexual servitude), 11-67.1-5(d), 11-67.1-

6(c); or 11-5-1, where the specified felony is sexual assault; or § 11-23-1, where the murder was

committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual

assault or child molestation; or any offense in another jurisdiction that is substantially the

equivalent of any offense listed in this subsection or for which the person is or would be required

to register under 42 U.S.C. § 14071 or 18 U.S.C. § 4042(c).

LC000159/SUB A/3 - Page 17 of 19

     (l) "Sexually violent predator" means a person who has been convicted of a sexually

violent offense and who has a mental abnormality or personality disorder that makes the person

likely to engage in predatory sexually violent offenses.

     (m) "Student" means, and includes, the definition of "student" under 42 U.S.C. § 14071.

     (n) "Parole board" means the parole board or its designee.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING CRIMINAL OFFENSES - UNIFORM ACT ON THE PREVENTION OF AND

REMEDIES FOR HUMAN TRAFFICKING

***

     This act would repeal chapter 67 of title 11 entitled "Trafficking of persons and

involuntary servitude" and create the "Uniform Act on Prevention and Remedies for Human

Trafficking" which would establish penalties and remedies for human trafficking and would make

human trafficking and human trafficking for purposes of sexual servitude, forced labor and

commercial sexual activity, felonies punishable by imprisonment and fines. This act would also

establish a council on human trafficking for the prevention of such offenses and would establish

programs to assist victims and would make victims eligible for compensation under the criminal

injuries compensation act.

     This act would take effect upon passage.

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