sb 0194

CHAPTER 122

SB 194 – FINAL VERSION

AN ACT establishing a commission to study the trafficking of persons across borders for sexual and labor exploitation.

SPONSORS: Sen. Estabrook, Dist 21; Sen. Foster, Dist 13; Sen. Roberge, Dist 9; Sen. Gottesman, Dist 12; Rep. Harvey, Hills 21; Rep. Pantelakos, Rock 16; Rep. Welch, Rock 8; Rep. W. Knowles, Straf 6; Rep. Charron, Rock 7

This bill establishes a commission to study the trafficking of persons across borders for sexual and labor exploitation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing a commission to study the trafficking of persons across borders for sexual and labor exploitation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

122:1 Statewide Interagency Commission on Human Trafficking Established. There is hereby established a statewide interagency commission on human trafficking that will assess the nature and extent of international trafficking of persons into the state, assess state responses to date, and make recommendations to the legislature and the governor for improving state laws, provision of services to victims, and prosecution of traffickers. “Trafficking” should include all acts involved in the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, within national or across international borders, through force, coercion, fraud or deception, to place persons in situations of slavery or slavery-like conditions, forced labor or services, such as forced prostitution or sexual services, domestic servitude, bonded sweatshop labor, or other debt bondage.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(g) The commissioner of the department of health and human services, or a designee.

(h) The director of the division for children, youth, and families, or a designee.

(i) The commissioner of the department of agriculture, markets and food, or a designee.

(l) A member of New Hampshire Association of Chiefs of Police, appointed by the association.

(m) A member of New Hampshire Coalition Against Domestic and Sexual Violence, appointed by that organization.

(n) A member of Lutheran Social Services of New England, appointed by that organization.

(o) A member of New Hampshire Catholic Charities, appointed by that organization.

(p) A member of the New Hampshire Minority Health Coalition, appointed by that organization.

(s) A member of Southern New Hampshire Services, Inc., appointed by that organization.

(t) A member of International Institute of New Hampshire, appointed by the institute.

(u) A member of New Hampshire Coalition to End Homelessness, appointed by that organization.

(v) A member of the New Hampshire Sheriff’s Association, appointed by such association.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

I. Analyze existing state criminal statutes for their adequacy in addressing trafficking and, if such analysis determines that those statutes are inadequate, recommend revisions to those statutes or the enactment of new statutes that specifically define and address trafficking, as well as legislation designed to regulate “bride trafficking” and “international matchmaking organizations.”

II. Recommend proposed statutory language that criminalizes the trafficking of women, men, and children into the state from other countries. The proposed language must: protect from prosecution the women, men, and children who have been trafficked into this state; prohibit the trafficker’s assertion of the victim’s alleged consent as a defense; and hold responsible a landowner or employer who knew or should have known that trafficking was occurring on the premises over which the landowner or employer exerted control.

III. Work with prosecutors and law enforcement officials to develop methodologies for data collection and organization concerning:

(a) Numbers of investigations, arrests, prosecutions, and successful convictions of traffickers and those committing trafficking related crimes.

(b) Statistics on the number of victims, including nationality, age, method of recruitment, and country, state, or city of origin.

(d) Measurement and evaluation of the progress of the state in preventing trafficking, protecting, and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking-related offenses.

IV. Consult with governmental and non-governmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking, and prosecute traffickers.

V. Identify strategies and available federal, state, and local programs and collaborative models that provide services and reduce barriers for victims of trafficking that include, but are not limited to, health care, mental health, human and social services, housing, education, legal assistance, job training or preparation, interpreting services, English as a second language classes, repatriation assistance, victim compensation, witness protection, economic assistance, and to recommend the creation of any new services or eligibility for services required, and make recommendations on methods to provide a coordinated system of support and assistance to human trafficking victims.

VI. Evaluate approaches to increase public awareness of trafficking, and the implementation of such approaches.

122:4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Thirteen members of the commission shall constitute a quorum.

122:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2008.