2007 -- S 0692 SUBSTITUTE B

=======

LC01566/SUB B

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

____________

A N A C T

RELATING TO CRIMINAL OFFENSES -- TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

     Introduced By: Senators Perry, Pichardo, Paiva-Weed, Miller, and Goodwin

     Date Introduced: February 15, 2007

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

1-2

amended by adding thereto the following chapter:

1-3

     CHAPTER 67

1-4

TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE

1-5

     11-67-1. Definitions. -- As used herein:

1-6

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

1-7

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

1-8

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

1-9

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

1-10

damage to his or her property.

1-11

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

1-12

return for payment of money.

1-13

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

1-14

or maintained through:

1-15

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

1-16

to any person;

1-17

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

1-18

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

2-1

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

2-2

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

2-3

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

2-4

     (v) an actor's blackmail; or

2-5

     (vi) an actor's intimidation.

2-6

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

2-7

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

2-8

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

2-9

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

2-10

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

2-11

11-37-1.

2-12

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

2-13

67-3.

2-14

     11-67-2. Involuntary servitude -- (a) Whoever knowingly subjects, attempts to subject,

2-15

or engages in a conspiracy to subject another person to forced labor in order to commit a

2-16

commercial sexual activity either by:

2-17

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

2-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

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

2-24

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

2-25

      (b) In cases involving a minor between the ages of seventeen (17) and eighteen (18)

2-26

years, the defendant is guilty of a felony, and subject to not more than thirty (30) years

2-27

imprisonment, or a fine of not more than thirty thousand dollars ($30,000), or both;

2-28

     (c) In cases in which the minor had not attained the age of seventeen (17) years,

2-29

defendant is guilty of a felony, and subject to not more than forty (40) years imprisonment, or a

2-30

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

2-31

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

2-32

Whoever knowingly:

2-33

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

2-34

recruit, entice, harbor, transport provide, or obtain by any means, another person, intending or

3-1

knowing that the person will be subjected to forced labor in order to commit a commercial sexual

3-2

activity; or

3-3

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

3-4

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

3-5

guilty of a felony and subject to not more than twenty (20) years imprisonment or a fine of not

3-6

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

3-7

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

3-8

     11-67-4. Restitution. – In addition to any other amount of loss identified, the court shall

3-9

order restitution including the greater of:

3-10

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

3-11

activity; or

3-12

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

3-13

overtime provisions of the fair labor standards act (FLSA) or the minimum wage law, whichever

3-14

is greater.

3-15

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

3-16

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

3-17

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

3-18

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

3-19

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

3-20

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

3-21

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

3-22

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

3-23

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

3-24

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

3-25

forfeiture under this act.

3-26

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

3-27

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

3-28

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

3-29

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

3-30

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

3-31

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

3-32

to forfeiture pursuant to this section.

3-33

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

3-34

under this section shall be deposited in the general fund.

4-1

     SECTION 2. This act shall take effect upon passage.

=======

LC01566/SUB B

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

***

5-1

     This act would define and establish the acts of trafficking of persons and involuntary

5-2

servitude as a criminal offense.

5-3

     This act would take effect upon passage.

=======

LC01566/SUB B

=======