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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
]]]] 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
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