AN ACT CONCERNING THE INTERAGENCY TASK FORCE ON TRAFFICKING IN PERSONS.

This bill creates the felony crime of trafficking in persons. It applies to those who coerce others to engage in prostitution or work. It authorizes to state to charge traffickers with racketeering and to seize property related to the crime when there is a pattern of such activity.

It allows people charged with prostitution to avoid conviction by proving that they were acting because of a trafficker's coercion. The bill also allows (1) the attorney general to sue employers who knowingly employ victims and (2) victims to sue traffickers for money damages.

The bill appropriates $ 75,000 each for training programs and witness protection services and $ 25,000 for shelter and victim services.

It also adds members and duties to the Interagency Task Force on Trafficking in Persons and extends the deadline for it to file its legislative report from January 1, 2006 to January 1, 2007.

EFFECTIVE DATE: July 1, 2006, except the task force provision, which is effective upon passage.

*Senate Amendment “A” adds the new taskforce members, responsibilities, and reporting deadline. It also adds the criminal and civil provisions for trafficking in persons, including a victim security account for emergency high security protective services.

*Senate Amendment “B” (1) eliminates the account and substitutes appropriations for witness protection and shelter and other victim services and (2) changes the effective dates for most provisions from October 1, 2006 to July 1, 2006.

A person commits this crime when he coerces a victim in order to force or induce her to engage in prostitution or work. By law, coercion occurs when the actor makes the victim fear that if she does not comply with his demands, he or another person will:

1. commit a crime;

2. accuse someone else of committing a crime; or

3. expose a secret that could subject any person to hatred, contempt, or ridicule; or impair his credit or business reputation.

The bill makes trafficking in persons a class B felony, punishable for up to 20 years imprisonment, up to $ 15,000 fine, or both.

The bill subjects a person or enterprise that engages in a pattern of trafficking to prosecution under the Corrupt Organization Racketeering Act (CORA). It also applies to attempts, conspiracies, and aiding and abetting in the commission of the crime.

A pattern is established under CORA by at least two incidents within a five-year period that have the same or similar purposes, results, participants, victims, or methods of commission or are otherwise inter-related by distinguishing characteristics, including a nexus to the same enterprise.

CORA violators are subject to imprisonment for up to 20 years, a fine of up to $ 25,000, or both. They are also subject to the fines and penalties associated with the underlying crimes themselves. They forfeit to the state all property acquired, maintained, or used in racketeering, including profits and security interests in property or contract rights of any kind affording a source of influence over the racketeering activities.

The bill authorizes the attorney general to file suit, at the labor commissioner's request, against an employer who employs workers he knows are being coerced by someone else to work for him. Violators may be fined up to $ 10,000 for each violation. The court may also order other appropriate relief.

The bill allows victims to file civil actions against traffickers to recover either (1) their actual damages or (2) statutory damages of up to $ 1,000 for each day she was coerced to work or engage in prostitution. In either case, the trafficker must pay the victim's reasonable attorneys fees.

Victims may file lawsuits either in Hartford Superior Court or in the Superior Court for the district in which they live.

The bill directs the Permanent Commission on the Status of Women (PCSW), in conjunction with the Police Officer Standards and Training Council (POTSC), to develop a training program on trafficking in persons. Training must be provided to state and local police departments and community organizations upon request.

The bill appropriates $ 25,000 and $ 50,000 for FY 07 to PCSW and POSTC, respectively, to implement the training program.

The bill appropriates $ 75,000 for FY 2007 to the Criminal Justice Division for witness protection services for cooperating trafficking victims at risk of harm.

The bill appropriates $ 25,000 for FY 2007 to the Judicial Department and directs that the Office of Victim Services use it to contract with a community provider for shelter and other services for trafficking victims.

The bill adds four members to the existing 25-member Interagency Task Force on Trafficking in Persons. The chief court administrator appoints three; one must represent the Office of Victim Services and one must represent the Court Support Services Division. The fourth new member is the victim advocate.

By law, the task force collects information about trafficking in Connecticut, identifies federal, state, and local victim services and collaborative models, and evaluates approaches to increase public awareness of trafficking. It must also (1) analyze the adequacy of existing state criminal statutes and may recommend changes that specifically define and address trafficking and (2) consult with others to develop recommendations to strengthen state and local efforts to prevent trafficking, assist victims, and prosecute traffickers.

The bill requires it to implement public awareness strategies. It must also identify criteria for providing victim services and address access to rights, benefits, and services for trafficking victims, including:

1. medical and related professional services,

2. legal services and protections,

3. safe housing and shelter,

4. voluntary repatriation,

5. victim compensation, and

6. protection while in custody.

Existing law defines “trafficking” as all acts involved in recruiting, abducting, transporting, harboring, transferring, selling, or receiving persons within national or across international borders using 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 (SA 04-8).

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(02/27/2006)

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(03/21/2006)

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(04/10/2006)