Bill > H3284

This bill establishes a "Victims of Human Trafficking Trust Fund" to be managed by the state treasurer, funded by assets seized and forfeited, and fines collected related to human trafficking crimes, with the purpose of awarding grants to organizations providing services to human trafficking victims, such as social services, housing, and job training. It also allows for funds to support the production of educational materials by the attorney general, and mandates an annual report on fund collection and expenditure to legislative committees. The bill further clarifies that certain confidential communication privileges will not prevent the reporting of information related to child protection or care and protection petitions, and allows for human trafficking victims in civil cases to have their proceedings advanced for speedy trials. Additionally, it permits victims unable to be present in court due to immigration laws or hardship to provide testimony remotely, with provisions for defense counsel to cross-examine, and establishes new protections for confidential communications between human trafficking victims and their caseworkers, with specific exceptions. The bill also mandates that the names and identifying information of human trafficking victims and their families be kept confidential from public inspection during investigations and prosecutions, unless the victim consents to disclosure. It also amends existing laws to prevent the admissibility of evidence regarding a victim's sexual conduct in certain proceedings and ensures human trafficking victims receive copies of incident or police reports without charge. Crucially, the bill creates a new chapter defining and criminalizing various forms of human trafficking, including involuntary servitude, trafficking for forced labor or services, and procuring individuals for sexual servitude, with specific penalties and enhanced sentences for offenses involving children or resulting in bodily injury or death. It also outlines provisions for restitution to victims, civil actions against perpetrators and business entities that aid in trafficking, and establishes a seven-year statute of limitations for civil actions, with provisions for tolling and estoppel. Furthermore, the bill details procedures for asset forfeiture related to human trafficking crimes, with proceeds from sales directed to law enforcement and the Victims of Human Trafficking Trust Fund, and allows for homestead exemptions for primary residences. It also introduces an affirmative defense for victims prosecuted for offenses committed under duress or coercion and allows for certifications to federal agencies to help victims obtain visas and federal benefits. Finally, the bill mandates the provision of age-appropriate resources and services for child human trafficking victims and requires the attorney general to develop and distribute educational materials on human trafficking laws and available services.