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AN ACT relating to human trafficking. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 529.110 is amended to read as follows: 3
(1) A person is guilty of promoting human trafficking when the person intentionally: 4
(a) Benefits financially or receives anything of value from knowing participation 5
in human trafficking; or 6
(b) Recruits, entices, harbors, transports, provides,[ or] obtains, advertises, 7
maintains, patronizes, or solicits by any means, or attempts to recruit, entice, 8
harbor, transport, provide,[ or] obtain, advertise, maintain, patronize, or 9
solicit by any means, another person, knowing that the person will be subject 10
to human trafficking. 11
(2) Promoting human trafficking is a Class D felony unless a victim of the trafficking is 12
under eighteen (18), in which case it is a Class C felony. 13
SECTION 2. A NEW SECTION OF KRS CHAPTER 15 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) The Office of the Attorney General may establish a working group to address all 16
aspects of human trafficking, including commercial sex activity and forced labor. 17
(2) If established, the working group shall be chaired by the Attorney General or his 18
or her designee and may be composed of representatives from the following 19
organizations as appointed by the Attorney General: 20
(a) The Administrative Office of the Courts; 21
(b) The Prosecutors Advisory Council; 22
(c) The Unified Prosecutorial System; 23
(d) The Department for Child Based Services; 24
(e) The Justice and Public Safety Cabinet; 25
(f) The Kentucky Association of Chiefs of Police; 26
(g) The Department of Criminal Justice Training; 27 UNOFFICIAL COPY 24 RS BR 2149
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(h) The Kentucky Sheriffs' Association; 1
(i) Federal agencies that operate in the Commonwealth, including without 2
limitation: 3
1. The Federal Bureau of Investigation; 4
2. United States Immigration and Customs Enforcement; 5
3. The United States Department of Labor; and 6
4. The United States Department of Homeland Security; 7
(j) Nongovernmental organizations such as: 8
1. Those specializing in the effects of human trafficking; 9
2. Those representing diverse communities disproportionately affected by 10
human trafficking; 11
3. Agencies devoted to child services and runaway services; and 12
4. Academic researchers dedicated to the subject of human trafficking; 13
and 14
(k) Any other person or entity with knowledge or expertise related to human 15
trafficking to be selected at the discretion of the Attorney General. 16
(3) Any working group created by the Attorney General shall meet at the call of the 17
chair and make recommendations related to human trafficking to: 18
(a) Facilitate collaborative decision making, coordinated planning, and 19
cooperative implementation among agencies and relevant partners; 20
(b) Support the fair, efficient, and effective operation of the criminal justice 21
system to improve public safety and homeland security while respecting the 22
privacy of citizens; 23
(c) Promote interoperability using common elements; 24
(d) Allow agencies to share appropriate information securely and efficiently; 25
and 26
(e) Identify gaps in the ability of the Commonwealth to collect data and address 27 UNOFFICIAL COPY 24 RS BR 2149
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human trafficking. 1
Section 3. KRS 15.706 is amended to read as follows: 2
(1) The Prosecutors Advisory Council shall collect statistical data regarding the 3
investigation, prosecution, dismissal, conviction, or acquittal of any person charged 4
with committing, attempting to commit, or complicity to a sexual offense defined 5
by KRS Chapter 510 involving a minor, human trafficking offenses involving a 6
minor engaged in commercial sexual activity or forced labor, incest involving a 7
minor, use of a minor in a sexual performance, or unlawful transaction with a 8
minor. 9
(2) Each Commonwealth's attorney, each county attorney, the secretary of the Cabinet 10
for Health and Family Services, the commissioner of the Department of Kentucky 11
State Police, each Circuit Court clerk, and the Administrative Office of the Courts 12
shall provide any data requested by the council for this purpose, on a form 13
prescribed by the council, at intervals as the council may direct. 14
(3) The council may contract with any other public agency to collect the data in lieu of 15
collecting the data itself. 16
(4) The Prosecutors Advisory Council may promulgate administrative regulations to 17
specify information to be reported. 18
(5) The information required to be reported by this section shall be provided by each 19
Commonwealth's attorney and county attorney at the end of each quarter of the 20
calendar year or as otherwise directed by the Prosecutors Advisory Council. 21
(6) The Prosecutors Advisory Council and the Office of the Attorney General shall 22
compile the information by county and issue a public report at least annually. 23
(7) The public report shall not contain the name or identifying information of a victim 24
or person not formally charged with the commission of child sexual abuse or human 25
trafficking of a child. Information collected by the Commonwealth's attorney or 26
county attorney or by the Prosecutors Advisory Council containing data which 27 UNOFFICIAL COPY 24 RS BR 2149
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cannot be published shall be excluded from inspection, unless by court order, from 1
the Open Records Law. 2
(8) Any Commonwealth's attorney or any county attorney who fails to report 3
information as defined by this section or administrative regulation shall be subject 4
to salary reduction as authorized by KRS 61.120. 5
Section 4. KRS 620.029 is amended to read as follows: 6
(1) In order to provide the most effective treatment for children who are victims of 7
human trafficking, as defined in KRS 529.010, and to ensure that law enforcement 8
and prosecutorial agencies have the resources and tools necessary to combat 9
human trafficking, the cabinet shall: 10
(a) Investigate a report alleging a child is a victim of human trafficking pursuant 11
to KRS 620.030(3); 12
(b) Provide or ensure the provision of appropriate treatment, housing, and 13
services consistent with the status of the child as a victim of human 14
trafficking; and 15
(c) Proceed in the case in accordance with applicable statutes governing cases 16
involving dependency, neglect, or abuse regardless of whether the person 17
believed to have caused the human trafficking of the child is a parent, 18
guardian, or person exercising custodial control or supervision. 19
(2) In order to effectuate the requirements of this section, the cabinet shall: 20
(a) Consult with agencies serving victims of human trafficking to promulgate 21
administrative regulations for the treatment of children who are reported to be 22
victims of human trafficking as dependent, neglected, or abused children, 23
including providing for appropriate screening, assessment, treatment, services, 24
temporary and long-term placement of these children, training of staff, the 25
designation of specific staff, and collaboration with service providers and law 26
enforcement;[ and] 27 UNOFFICIAL COPY 24 RS BR 2149
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(b) By November 1 of each year[, beginning in 2013], submit to the Legislative 1
Research Commission a comprehensive report detailing: 2
1. The number of reports the cabinet has received regarding child victims 3
of human trafficking;[,] 4
2, The number of reports in which the cabinet has investigated and 5
determined that a child is the victim of human trafficking;[,] and 6
3. The number of cases in which services were provided; and 7
(c) 1. Beginning in 2025, in addition to the information required under 8
paragraph (b) of this subsection, include in its annual report to the 9
Legislative Research Commission for referral to the Interim Joint 10
Committee on Families and Children and the Interim Joint Committee 11
on Judiciary: 12
a. Information related to state enforcement of human trafficking in 13
the Commonwealth, including the number of arrests, 14
prosecutions, and convictions for crimes related to human 15
trafficking involving children, delineated by county or district; 16
b. The number of prosecutors, judges, and law enforcement, court, 17
and child protective services personnel trained in identifying and 18
responding to human trafficking offenses involving children 19
during the fiscal year; 20
c. The frequency at which services were made available to child 21
victims of human trafficking; 22
d. Recommendations for improving data collection so that 23
information may be obtained and analyzed in a larger 24
percentage of cases; 25
e. Recommendations for improving data sharing among service 26
providers, nongovernmental organizations, and government 27 UNOFFICIAL COPY 24 RS BR 2149
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agencies; and 1
f. Any other information that may assist in understanding the 2
causation of human trafficking of children in Kentucky and 3
stakeholders' abilities to provide services to victims. 4
2. If, after making reasonably diligent efforts to obtain the information 5
described in subparagraph 1. of this paragraph, the cabinet is unable 6
to obtain any of the information, the cabinet may submit an annual 7
report omitting that information, but shall provide an explanation for 8
the omission in the annual report. 9
SECTION 5. A NEW SECTION OF KRS CHAPTER 219 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) As used in this section, "hotel" means every establishment kept, used, 12
maintained, advertised, or held out to the public to be a place where sleeping 13
accommodations are offered to guests, and includes motels. 14
(2) Every hotel shall post: 15
(a) In its lobby, stairwells, elevators, or on or beside exit doors, a printed sign in 16
English and Spanish at least eight and one-half (8-1/2) by eleven (11) 17
inches in size, with letters in at least sixteen (16) point font; and 18
(b) In all of its publicly accessible restrooms, either: 19
1. A printed sign in English and Spanish at least eight and one-half (8-20
1/2) by eleven (11) inches in size, with letters in at least sixteen (16) 21
point font; or 22
2. A printed transparent static window cling in English and Spanish at 23
least three (3) inches by three (3) inches in size, with letters in at least 24
ten (10) point font; 25
displaying the current telephone hotline number of the National Human 26
Trafficking Resource Center or any federally funded successor entity. 27 UNOFFICIAL COPY 24 RS BR 2149
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(3) The sign or window cling shall be: 1
(a) Created using gender-neutral language supplied by the Office of the 2
Attorney General, the National Human Trafficking Hotline, or the United 3
States Department of Homeland Security's Blue Campaign; and 4
(b) Posted in a prominent place easily seen by patrons. 5
(4) A hotel in violation of this section shall be subject to a warning on the first 6
violation and a fine not to exceed fifty dollars ($50.00) for each subsequent 7
violation. Each day of noncompliance with this section shall constitute a separate 8
violation. Moneys collected under this subsection shall be paid to the human 9
trafficking victims fund. 10
Section 6. KRS 176.415 is amended to read as follows: 11
(1) The Department of Highways shall display the following flags at each rest area 12
along the Commonwealth's interstate and turnpike system: 13
(a) The flag of the United States of America, to honor our country and the 14
democratic ideals of our forefathers; 15
(b) The flag of the Commonwealth of Kentucky, as specified by KRS 2.030, to 16
honor the Commonwealth and its citizens; and 17
(c) The flag of the National League of Families of American Prisoners of War 18
and Missing in Southeast Asia, the black and white banner commonly known 19
as the POW/MIA flag, which symbolizes America's missing service members 20
and our unwavering determination to account for them. 21
(2) The Department of Highways shall post in every restroom located on the premises 22
of each rest area in the Commonwealth either: 23
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) 24
inches by eleven (11) inches [by fourteen (14) inches ]in size, with letters in 25
at least sixteen (16) point font; or[one (1) inch high, ] 26
(b) A printed transparent static window cling in English and Spanish at least 27 UNOFFICIAL COPY 24 RS BR 2149
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three (3) inches by three (3) inches in size, with letters in at least ten (10) 1
point font; 2
displaying the current telephone hotline number of the National Human Trafficking 3
Resource Center or any federally funded successor entity. 4
(3) The sign or window cling shall be: 5
(a) Created using gender-neutral language supplied to the Department of 6
Highways by the Office of the Attorney General, the National Human 7
Trafficking Hotline, or the United States Department of Homeland 8
Security's Blue Campaign[Cabinet for Health and Family Services]; and 9
(b) Posted in a prominent place easily seen by patrons. 10
Section 7. KRS 183.075 is amended to read as follows: 11
(1) As used in this section, "airport" has the same meaning as in KRS 183.011. 12
(2) An airport shall post in all of its publicly accessible restrooms either: 13
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) 14
inches by eleven (11) inches [by fourteen (14) inches ]in size, with letters in 15
at least sixteen (16) point font; or[one (1) inch high,] 16
(b) A printed transparent static window cling in English and Spanish at least 17
three (3) inches by three (3) inches in size, with letters in at least ten (10) 18
point font; 19
displaying the current telephone hotline number of the National Human Trafficking 20
Resource Center or any federally funded successor entity. 21
(3) The sign or window cling shall be: 22
(a) Created using gender-neutral language supplied by the Office of the Attorney 23
General, the National Human Trafficking Hotline, or the United States 24
Department of Homeland Security's Blue Campaign; and 25
(b) Posted in a prominent place easily seen by patrons. 26
(4) An airport in violation of this section shall be subject to a warning on the first 27 UNOFFICIAL COPY 24 RS BR 2149
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violation and a fine not to exceed fifty dollars ($50.00) for each subsequent 1
violation. Each day of noncompliance with this section shall constitute a separate 2
violation. Moneys collected under this subsection shall be paid to the human 3
trafficking victims fund. 4
Section 8. KRS 277.410 is amended to read as follows: 5
(1) Every passenger train station shall post in all of its restrooms either: 6
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) 7
inches by eleven (11) inches[ by fourteen (14) inches] in size, with letters in 8
at least sixteen (16) point font; or[one (1) inch high,] 9
(b) A printed transparent static window cling in English and Spanish at least 10
three (3) inches by three (3) inches in size, with letters in at least ten (10) 11
point font; 12
displaying the current telephone hotline number of the National Human Trafficking 13
Resource Center or any federally funded successor entity. 14
(2) The sign or window cling shall be: 15
(a)[(1)] Created using gender-neutral language supplied by the Office of the 16
Attorney General, the National Human Trafficking Hotline, or the United 17
States Department of Homeland Security's Blue Campaign; and 18
(b)[(2)] Posted in a prominent place easily seen by patrons. 19
(3) A passenger train station in violation of this section shall be subject to a warning 20
on the first violation and a fine not to exceed fifty dollars ($50.00) for each 21
subsequent violation. Each day of noncompliance with this section shall 22
constitute a separate violation. Moneys collected under this subsection shall be 23
paid to the human trafficking victims fund. 24
Section 9. KRS 281.767 is amended to read as follows: 25
(1) As used in this section: 26
(a) "Truck stop" means a privately owned and operated facility that provides 27 UNOFFICIAL COPY 24 RS BR 2149
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services, including but not limited to: 1
1. Food; 2
2. Fuel; 3
3. Showers or other sanitary facilities; and 4
4. Lawful overnight parking for motor carriers; and 5
(b) "Bus station" means a fixed structure where a bus delivers and receives 6
passengers that has a restroom. 7
(2) Every truck stop and bus station shall post in all of its restrooms either: 8
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) by 9
eleven (11) inches[ by fourteen (14) inches] in size, with letters in at least 10
sixteen (16) point font; or[one (1) inch high,] 11
(b) A printed transparent static window cling in English and Spanish at least 12
three (3) inches by three (3) inches in size, with letters in at least ten (10) 13
point font; 14
displaying the current telephone hotline number of the National Human Trafficking 15
Resource Center or any federally funded successor entity. 16
(3) The sign or window cling shall be: 17
(a) Created using gender-neutral language supplied by the Office of the Attorney 18
General, the National Human Trafficking Hotline, or the United States 19
Department of Homeland Security's Blue Campaign; and 20
(b) Posted in a prominent place easily seen by patrons. 21
(4) A truck stop or bus station in violation of this section shall be subject to a 22
warning on the first violation and a fine not to exceed fifty dollars ($50.00) for 23
each subsequent violation. Each day of noncompliance with this section shall 24
constitute a separate violation. Moneys collected under this subsection shall be 25
paid to the human trafficking victims fund. 26
Section 10. KRS 529.140 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 2149
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(1) The "human trafficking victims fund," referred to in this section as the "fund," is 1
created as a separate revolving fund within the Office of the Attorney General. 2
(2) The fund shall consist of proceeds from assets seized and forfeited pursuant to KRS 3
529.150;[,] proceeds from the fee in KRS 529.130;[,] proceeds from penalties 4
collected under Sections 5, 7, 8, and 9 of this Act; grants;[,] contributions;[,] 5
appropriations;[,] and any other moneys that may be made available for purposes of 6
the fund. 7
(3) Moneys in the fund shall be distributed to agencies serving victims of human 8
trafficking, including but not limited to law enforcement agencies, prosecutorial 9
agencies, and victim service agencies. The Office of the Attorney General shall 10
promulgate administrative regulations to develop procedures for distributing funds 11
pursuant to this section. The administrative regulations shall require that: 12
(a) The Office of the Attorney General use funds received to maintain programs 13
for the prevention of human trafficking, provide education, training, or public 14
outreach programs about human trafficking, and conduct human trafficking 15
investigations. The Office of the Attorney General may recoup costs for 16
conducting any programs or trainings; and 17
(b) The Cabinet for Health and Family Services use funds received to serve minor 18
victims of human trafficking under KRS 620.029. 19
(4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the 20
fiscal year shall not lapse but shall be carried forward into the succeeding fiscal 21
year to be used for the purposes set forth in this section. 22
(5) Any interest earnings on moneys in the fund shall become a part of the fund and 23
shall not lapse to the general fund. 24
(6) Moneys in the fund are hereby appropriated for the purposes set forth in this 25
section. 26