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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 sexual activity and forced 17
labor or services. 18
(2) If established, the working group shall be chaired by the Attorney General or his 19
or her designee and may be composed of representatives from the following 20
organizations: 21
(a) A Commonwealth's attorney or his or her designee appointed by the 22
Attorney General; 23
(b) A county attorney or his or her designee appointed by the Attorney General; 24
(c) A United States Attorney or his or her designee from either federal district 25
in Kentucky appointed by the Attorney General; 26
(d) The commissioner of the Department for Community Based Services or his 27 UNOFFICIAL COPY 24 RS HB 3/GA
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or her designee; 1
(e) The commissioner of the Department of Juvenile Justice or his or her 2
designee; 3
(f) The commissioner of the Department of Corrections or his or her designee; 4
(g) The commissioner of the Department of Criminal Justice Training or his or 5
her designee; 6
(h) The commissioner of the Department of Kentucky State Police or his or her 7
designee; 8
(i) A representative from the Kentucky Association of Chiefs of Police 9
appointed by the Attorney General; 10
(j) A representative from the Kentucky Sheriffs' Association appointed by the 11
Attorney General; 12
(k) A representative from a federal law enforcement agency that operates 13
within the Commonwealth appointed by the Attorney General; 14
(l) The executive director of the Administrative Office of the Courts or his or 15
her designee; 16
(m) Two (2) victim advocates, employed by a Commonwealth's attorney, county 17
attorney, or law enforcement agency, appointed by the Attorney General; 18
(n) The following nongovernmental service providers who regularly provide 19
services or advocacy to human trafficking victims, all appointed by the 20
Attorney General: 21
1. A community-based victim advocate; 22
2. A community service provider; 23
3. A health care professional; 24
4. A mental health care professional; and 25
5. A juvenile runaway or homeless shelter provider; 26
(o) The executive director of the Children's Advocacy Centers of Kentucky or 27 UNOFFICIAL COPY 24 RS HB 3/GA
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his or her designee; 1
(p) A victim of sex trafficking appointed by the Attorney General; 2
(q) A victim of labor trafficking appointed by the Attorney General; 3
(r) A representative from the Kentucky Coalition Against Domestic Violence 4
appointed by the Attorney General; 5
(s) A representative from the Kentucky Association of Sexual Assault Programs 6
appointed by the Attorney General; and 7
(t) A college or university professor specializing in human trafficking 8
appointed by the Attorney General. 9
(3) Any working group created by the Attorney General shall meet at the call of the 10
chair and make recommendations regarding: 11
(a) Identification of human trafficking victims; 12
(b) Delivery of comprehensive services; 13
(c) Identification, investigation, and successful prosecution of offenders; 14
(d) Training criminal justice system professionals on trauma-informed 15
practices; 16
(e) Collection of data to assess barriers to assisting victims of human 17
trafficking; 18
(f) Facilitating collaborative decision making, coordinated planning, and 19
cooperative implementation among agencies and relevant partners; 20
(g) Supporting 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
(h) Allowing agencies to share appropriate information securely and 24
efficiently; and 25
(i) Identifying gaps in the ability of the Commonwealth to adequately respond 26
to human trafficking. 27 UNOFFICIAL COPY 24 RS HB 3/GA
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Section 3. KRS 15.706 is amended to read as follows: 1
(1) The Prosecutors Advisory Council shall collect statistical data regarding the 2
investigation, prosecution, dismissal, conviction, or acquittal of any person charged 3
with committing, attempting to commit, or complicity to a sexual offense defined 4
by KRS Chapter 510 involving a minor, human trafficking offenses involving a 5
minor engaged in commercial sexual activity or forced labor, incest involving a 6
minor, use of a minor in a sexual performance, or unlawful transaction with a 7
minor. 8
(2) Each Commonwealth's attorney, each county attorney, the secretary of the Cabinet 9
for Health and Family Services, the commissioner of the Department of Kentucky 10
State Police, each Circuit Court clerk, and the Administrative Office of the Courts 11
shall provide any data requested by the council for this purpose, on a form 12
prescribed by the council, at intervals as the council may direct. 13
(3) The council may contract with any other public agency to collect the data in lieu of 14
collecting the data itself. 15
(4) The Prosecutors Advisory Council may promulgate administrative regulations to 16
specify information to be reported. 17
(5) The information required to be reported by this section shall be provided by each 18
Commonwealth's attorney and county attorney at the end of each quarter of the 19
calendar year or as otherwise directed by the Prosecutors Advisory Council. 20
(6) The Prosecutors Advisory Council and the Office of the Attorney General shall 21
compile the information by county and issue a public report at least annually. 22
(7) The public report shall not contain the name or identifying information of a victim 23
or person not formally charged with the commission of child sexual abuse or human 24
trafficking of a child. Information collected by the Commonwealth's attorney or 25
county attorney or by the Prosecutors Advisory Council containing data which 26
cannot be published shall be excluded from inspection, unless by court order, from 27 UNOFFICIAL COPY 24 RS HB 3/GA
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the Open Records Law. 1
(8) Any Commonwealth's attorney or any county attorney who fails to report 2
information as defined by this section or administrative regulation shall be subject 3
to salary reduction as authorized by KRS 61.120. 4
Section 4. KRS 620.029 is amended to read as follows: 5
(1) In order to provide the most effective treatment for children who are victims of 6
human trafficking, as defined in KRS 529.010, and to ensure that law enforcement 7
and prosecutorial agencies have the resources and tools necessary to combat 8
human trafficking, the cabinet shall: 9
(a) Investigate a report alleging a child is a victim of human trafficking pursuant 10
to KRS 620.030(3); 11
(b) Provide or ensure the provision of appropriate treatment, housing, and 12
services consistent with the status of the child as a victim of human 13
trafficking; and 14
(c) Proceed in the case in accordance with applicable statutes governing cases 15
involving dependency, neglect, or abuse regardless of whether the person 16
believed to have caused the human trafficking of the child is a parent, 17
guardian, or person exercising custodial control or supervision. 18
(2) In order to effectuate the requirements of this section, the cabinet shall: 19
(a) Consult with agencies serving victims of human trafficking to promulgate 20
administrative regulations for the treatment of children who are reported to be 21
victims of human trafficking as dependent, neglected, or abused children, 22
including providing for appropriate screening, assessment, treatment, services, 23
temporary and long-term placement of these children, training of staff, the 24
designation of specific staff, and collaboration with service providers and law 25
enforcement;[ and] 26
(b) By November 1 of each year[, beginning in 2013], submit to the Legislative 27 UNOFFICIAL COPY 24 RS HB 3/GA
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Research Commission a comprehensive report detailing: 1
1. The number of reports the cabinet has received regarding child victims 2
of human trafficking;[,] 3
2. The number of reports in which the cabinet has investigated and 4
determined that a child is the victim of human trafficking;[,] and 5
3. The number of cases in which services were provided; and 6
(c) 1. Beginning in 2025, in addition to the information required under 7
paragraph (b) of this subsection, include in its annual report to the 8
Legislative Research Commission for referral to the Interim Joint 9
Committee on Families and Children and the Interim Joint Committee 10
on Judiciary to the extent possible: 11
a. Information related to state enforcement of human trafficking 12
involving children in the Commonwealth, including the number 13
of: 14
i. Arrests as compiled by the Kentucky State Police; and 15
ii. Criminal charges and convictions, delineated by county or 16
district, as compiled by the Administrative Office of the 17
Courts; 18
b. The frequency at which services were made available to child 19
victims of human trafficking; 20
c. Recommendations for improving data collection so that 21
information may be obtained and analyzed in a larger 22
percentage of cases; 23
d. Recommendations for improving data sharing among service 24
providers, nongovernmental organizations, and government 25
agencies; and 26
e. Any other information that may assist in understanding the 27 UNOFFICIAL COPY 24 RS HB 3/GA
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causation of human trafficking of children in Kentucky and 1
stakeholders' abilities to provide services to victims. 2
2. If, after making reasonably diligent efforts to obtain the information 3
described in subparagraph 1. of this paragraph, the cabinet is unable 4
to obtain any of the information, the cabinet may submit an annual 5
report omitting that information, but shall provide an explanation for 6
the omission in the annual report. 7
SECTION 5. A NEW SECTION OF KRS CHAPTER 219 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) As used in this section, "hotel" means every establishment kept, used, 10
maintained, advertised, or held out to the public to be a place where sleeping 11
accommodations are offered to guests, and includes motels. 12
(2) Every hotel shall post: 13
(a) In its lobby, stairwells, elevators, or on or beside exit doors, a printed sign in 14
English and Spanish at least eight and one-half (8-1/2) by eleven (11) 15
inches in size, with letters in at least sixteen (16) point font; and 16
(b) In all of its publicly accessible restrooms, either: 17
1. A printed sign in English and Spanish at least eight and one-half (8-18
1/2) by eleven (11) inches in size, with letters in at least sixteen (16) 19
point font; or 20
2. A printed transparent static window cling in English and Spanish at 21
least three (3) inches by three (3) inches in size, with letters in at least 22
ten (10) point font; 23
displaying the current telephone hotline number of the National Human 24
Trafficking Resource Center or any federally funded successor entity. 25
(3) The sign or window cling shall be: 26
(a) Created using gender-neutral language supplied by the Office of the 27 UNOFFICIAL COPY 24 RS HB 3/GA
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Attorney General, the National Human Trafficking Hotline, or the United 1
States Department of Homeland Security's Blue Campaign; and 2
(b) Posted in a prominent place easily seen by patrons. 3
(4) A hotel in violation of this section shall be subject to a warning on the first 4
violation and a fine not to exceed fifty dollars ($50.00) for each subsequent 5
violation. Each day of noncompliance with this section shall constitute a separate 6
violation. Moneys collected under this subsection shall be paid to the human 7
trafficking victims fund. 8
Section 6. KRS 176.415 is amended to read as follows: 9
(1) The Department of Highways shall display the following flags at each rest area 10
along the Commonwealth's interstate and turnpike system: 11
(a) The flag of the United States of America, to honor our country and the 12
democratic ideals of our forefathers; 13
(b) The flag of the Commonwealth of Kentucky, as specified by KRS 2.030, to 14
honor the Commonwealth and its citizens; and 15
(c) The flag of the National League of Families of American Prisoners of War 16
and Missing in Southeast Asia, the black and white banner commonly known 17
as the POW/MIA flag, which symbolizes America's missing service members 18
and our unwavering determination to account for them. 19
(2) The Department of Highways shall post in every restroom located on the premises 20
of each rest area in the Commonwealth either: 21
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) 22
inches by eleven (11) inches [by fourteen (14) inches ]in size, with letters in 23
at least sixteen (16) point font; or[one (1) inch high, ] 24
(b) A printed transparent static window cling in English and Spanish at least 25
three (3) inches by three (3) inches in size, with letters in at least ten (10) 26
point font; 27 UNOFFICIAL COPY 24 RS HB 3/GA
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displaying the current telephone hotline number of the National Human Trafficking 1
Resource Center or any federally funded successor entity. 2
(3) The sign or window cling shall be: 3
(a) Created using gender-neutral language supplied to the Department of 4
Highways by the Office of the Attorney General, the National Human 5
Trafficking Hotline, or the United States Department of Homeland 6
Security's Blue Campaign[Cabinet for Health and Family Services]; and 7
(b) Posted in a prominent place easily seen by patrons. 8
Section 7. KRS 183.075 is amended to read as follows: 9
(1) As used in this section, "airport" has the same meaning as in KRS 183.011. 10
(2) An airport shall post in all of its publicly accessible restrooms either: 11
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) 12
inches by eleven (11) inches [by fourteen (14) inches ]in size, with letters in 13
at least sixteen (16) point font; or[one (1) inch high,] 14
(b) A printed transparent static window cling in English and Spanish at least 15
three (3) inches by three (3) inches in size, with letters in at least ten (10) 16
point font; 17
displaying the current telephone hotline number of the National Human Trafficking 18
Resource Center or any federally funded successor entity. 19
(3) The sign or window cling shall be: 20
(a) Created using gender-neutral language supplied by the Office of the Attorney 21
General, the National Human Trafficking Hotline, or the United States 22
Department of Homeland Security's Blue Campaign; and 23
(b) Posted in a prominent place easily seen by patrons. 24
(4) An airport in violation of this section shall be subject to a warning on the first 25
violation and a fine not to exceed fifty dollars ($50.00) for each subsequent 26
violation. Each day of noncompliance with this section shall constitute a separate 27 UNOFFICIAL COPY 24 RS HB 3/GA
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violation. Moneys collected under this subsection shall be paid to the human 1
trafficking victims fund. 2
Section 8. KRS 277.410 is amended to read as follows: 3
(1) Every passenger train station shall post in all of its restrooms either: 4
(a) A printed sign in English and Spanish at least eight and one-half (8-1/2) 5
inches by eleven (11) inches[ by fourteen (14) inches] in size, with letters in 6
at least sixteen (16) point font; or[one (1) inch high,] 7
(b) A printed transparent static window cling in English and Spanish at least 8
three (3) inches by three (3) inches in size, with letters in at least ten (10) 9
point font; 10
displaying the current telephone hotline number of the National Human Trafficking 11
Resource Center or any federally funded successor entity. 12
(2) The sign or window cling shall be: 13
(a)[(1)] Created using gender-neutral language supplied by the Office of the 14
Attorney General, the National Human Trafficking Hotline, or the United 15
States Department of Homeland Security's Blue Campaign; and 16
(b)[(2)] Posted in a prominent place easily seen by patrons. 17
(3) A passenger train station in violation of this section shall be subject to a warning 18
on the first violation and a fine not to exceed fifty dollars ($50.00) for each 19
subsequent violation. Each day of noncompliance with this section shall 20
constitute a separate violation. Moneys collected under this subsection shall be 21
paid to the human trafficking victims fund. 22
Section 9. KRS 281.767 is amended to read as follows: 23
(1) As used in this section: 24
(a) "Truck stop" means a privately owned and operated facility that provides 25
services, including but not limited to: 26
1. Food; 27 UNOFFICIAL COPY 24 RS HB 3/GA
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2. Fuel; 1
3. Showers or other sanitary facilities; and 2
4. Lawful overnight parking for motor carriers; and 3
(b) "Bus station" means a fixed structure where a bus delivers and receives 4
passengers that has a restroom. 5
(2) Every truck stop and bus 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) by 7
eleven (11) inches[ by fourteen (14) inches] in size, with letters in at least 8
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
(3) The sign or window cling shall be: 15
(a) Created using gender-neutral language supplied by the Office of the Attorney 16
General, the National Human Trafficking Hotline, or the United States 17
Department of Homeland Security's Blue Campaign; and 18
(b) Posted in a prominent place easily seen by patrons. 19
(4) A truck stop or bus station in violation of this section shall be subject to a 20
warning on the first violation and a fine not to exceed fifty dollars ($50.00) for 21
each 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 10. KRS 529.140 is amended to read as follows: 25
(1) The "human trafficking victims fund," referred to in this section as the "fund," is 26
created as a separate revolving fund within the Office of the Attorney General. 27 UNOFFICIAL COPY 24 RS HB 3/GA
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(2) The fund shall consist of proceeds from assets seized and forfeited pursuant to KRS 1
529.150;[,] proceeds from the fee in KRS 529.130;[,] proceeds from penalties 2
collected under Sections 5, 7, 8, and 9 of this Act; grants;[,] contributions;[,] 3
appropriations;[,] and any other moneys that may be made available for purposes of 4
the fund. 5
(3) Moneys in the fund shall be distributed to agencies serving victims of human 6
trafficking, including but not limited to law enforcement agencies, prosecutorial 7
agencies, and victim service agencies. The Office of the Attorney General shall 8
promulgate administrative regulations to develop procedures for distributing funds 9
pursuant to this section. The administrative regulations shall require that: 10
(a) The Office of the Attorney General use funds received to maintain programs 11
for the prevention of human trafficking, provide education, training, or public 12
outreach programs about human trafficking, and conduct human trafficking 13
investigations. The Office of the Attorney General may recoup costs for 14
conducting any programs or trainings; and 15
(b) The Cabinet for Health and Family Services use funds received to serve minor 16
victims of human trafficking under KRS 620.029. 17
(4) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the 18
fiscal year shall not lapse but shall be carried forward into the succeeding fiscal 19
year to be used for the purposes set forth in this section. 20
(5) Any interest earnings on moneys in the fund shall become a part of the fund and 21
shall not lapse to the general fund. 22
(6) Moneys in the fund are hereby appropriated for the purposes set forth in this 23
section. 24