2006 Legislation
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HOUSE BILL NO. 536 – Human trafficking, penalty

HOUSE BILL NO. 536

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Bill Status



H0536................................by JUDICIARY, RULES AND ADMINISTRATION
HUMAN TRAFFICKING - Adds to existing law relating to human trafficking to
set forth legislative intent; to define "human trafficking"; to provide
penalties; to set forth restitution and rehabilitation provisions; and to
provide for human trafficking victim protection.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Jud
02/10    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson),
      Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow
    Floor Sponsor - Boe
    Title apvd - to Senate
02/17    Senate intro - 1st rdg - to Jud
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsors - Darrington, Compton & Malepeai
    Title apvd - to House
03/08    To enrol
03/09    Rpt enrol - Sp signed
03/10    Pres signed
03/13    To Governor
03/15    Governor signed
         Session Law Chapter 85
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 536
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HUMAN TRAFFICKING; AMENDING TITLE 18, IDAHO CODE, BY THE  ADDITION
  3        OF  A  NEW  CHAPTER  85,  TITLE  18,  IDAHO CODE, TO SET FORTH LEGISLATIVE
  4        INTENT, TO DEFINE "HUMAN TRAFFICKING," TO PROVIDE PENALTIES, TO SET  FORTH
  5        RESTITUTION  AND  REHABILITATION PROVISIONS AND TO PROVIDE FOR HUMAN TRAF-
  6        FICKING VICTIM PROTECTION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Title 18, Idaho Code, be, and the same is hereby  amended
  9    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 10    ter 85, Title 18, Idaho Code, and to read as follows:
                                                                        
 11                                      CHAPTER 85
 12                                  HUMAN TRAFFICKING
                                                                        
 13        18-8501.  LEGISLATIVE INTENT. It is  the  intent  of  the  legislature  to
 14    address the growing problem of human trafficking and to provide criminal sanc-
 15    tions  for  persons who engage in human trafficking in this state. In addition
 16    to the other provisions enumerated in this chapter, the legislature finds that
 17    it may also be appropriate for members of the  law  enforcement  community  to
 18    receive  training  from  the respective training entities in order to increase
 19    awareness of possible human trafficking cases occurring in Idaho and to assist
 20    and direct victims of such trafficking to available community resources.
                                                                        
 21        18-8502.  HUMAN TRAFFICKING DEFINED. "Human trafficking" means:
 22        (1)  Sex trafficking in which a commercial sex act is  induced  by  force,
 23    fraud  or coercion, or in which the person induced to perform such act has not
 24    attained eighteen (18) years of age; or
 25        (2)  The recruitment, harboring, transportation, provision,  or  obtaining
 26    of a person for labor or services, through the use of force, fraud or coercion
 27    for the purpose of subjection to involuntary servitude, peonage, debt bondage,
 28    or slavery.
                                                                        
 29        18-8503.  PENALTIES. Notwithstanding any other law to the contrary, on and
 30    after July 1, 2006, any person who commits a crime as provided for in the fol-
 31    lowing sections, and who, in the commission of such crime or crimes, also com-
 32    mits  the  crime  of  human  trafficking, as defined in section 18-8502, Idaho
 33    Code, shall be punished by imprisonment in the state prison for not more  than
 34    twenty-five (25) years unless a more severe penalty is otherwise prescribed by
 35    law: 18-905 (aggravated assault), 18-907 (aggravated battery), 18-909 (assault
 36    with intent to commit a serious felony), 18-911 (battery with intent to commit
 37    a  serious  felony),  18-913  (felonious  administering  of drugs), 18-1501(1)
 38    (felony injury to child), 18-1505(1)  (felony  injury  to  vulnerable  adult),
 39    18-1505(3)  (felony  exploitation of vulnerable adult), 18-1505B (sexual abuse
 40    and exploitation of vulnerable adult), 18-1506 (sexual abuse of a child  under
                                                                        
                                           2
                                                                        
  1    the  age  of  sixteen  years),  18-1506A  (ritualized abuse of child), 18-1507
  2    (sexual exploitation of child), 18-1508A (sexual battery of minor  child  six-
  3    teen  or  seventeen years of age), 18-1509A (enticing of children over the in-
  4    ternet), 18-1511 (sale or barter of child), 18-2407(1) (grand theft),  18-5601
  5    through 18-5614 (prostitution), or 18-7804 (racketeering).
                                                                        
  6        18-8504.  RESTITUTION  --  REHABILITATION.  (1)  In  addition to any other
  7    amount of loss resulting from a human trafficking violation, the  court  shall
  8    order restitution, as applicable, including the greater of:
  9        (a)  The  gross  income or value to the defendant of the victim's labor or
 10        services; or
 11        (b)  The value of the victim's labor as guaranteed under the minimum  wage
 12        and overtime provisions of the federal fair labor standards act.
 13        (2)  In addition to any order for restitution as provided in this section,
 14    the  court  shall order the defendant to pay an amount determined by the court
 15    to be necessary for the mental and physical rehabilitation of  the  victim  or
 16    victims.
                                                                        
 17        18-8505.  HUMAN  TRAFFICKING  VICTIM PROTECTION. (1) The attorney general,
 18    in consultation with the department of  health  and  welfare  and  the  United
 19    States  attorney's  office,  shall, no later than July 1, 2007, issue a report
 20    outlining how existing victim and witness laws respond to the needs  of  human
 21    trafficking victims, and suggesting areas of improvement and modification.
 22        (2)  The department of health and welfare, in consultation with the attor-
 23    ney  general,  shall, no later than July 1, 2007, issue a report outlining how
 24    existing social service programs respond or fail to respond to  the  needs  of
 25    human  trafficking  victims,  and the interplay of such existing programs with
 26    federally-funded victim service programs, and suggesting areas of  improvement
 27    or  modification. Such inquiry shall include, but not be limited to, the abil-
 28    ity of state programs and licensing bodies to recognize federal T nonimmigrant
 29    status for the purposes of benefits, programs and licenses.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15632

This legislation sets forth legislative intent, defines "human
trafficking", increases the punishment for certain crimes if the
crime of human trafficking is involved, and provides for
restitution and rehabilitation costs for victims.  The
legislation also requires reports regarding human trafficking
victim resources in Idaho and the relationship of these resources
to federally-funded programs.


                           FISCAL NOTE

There is no impact to the general fund.




Contact
Name: Representatives Field, Boe and Bilbao 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 536