Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1046 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1623 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1046
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Liz Miranda
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to prevent human trafficking and improve the health and safety of sex workers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkJoanne M. ComerfordHampshire, Franklin and Worcester2/8/2023Jack Patrick Lewis7th Middlesex3/7/2023 1 of 5
16	16	SENATE DOCKET, NO. 1623 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1046
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1046) of Liz Miranda, Joanne M.
19	19	Comerford and Jack Patrick Lewis for legislation to prevent human trafficking and improve the
20	20	health and safety of sex workers. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to prevent human trafficking and improve the health and safety of sex workers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 7 of chapter 4, as appearing in the 2018 Official Edition, is hereby
30	30	2amended by inserting after the sixty-first definition the following definitions:-
31	31	3 Sixty-second, "Commercial sex" shall mean a sexual act or contact with another person in
32	32	4return for giving or receiving anything of value.
33	33	5 Sixty-third, "Sex worker" shall mean a person who provides a sexual act or contact with
34	34	6another person in return for receiving anything of value.
35	35	7 SECTION 2. Chapter 272 of the General Laws is hereby amended by adding after section
36	36	853A the following section, which shall be titled “Human Trafficking Prevention and Sex Worker
37	37	9Project”:-
38	38	10 Section 53B. The Department of Public Health shall create a Human Trafficking
39	39	11Prevention and Sex Worker Project. The Project shall develop and implement a strategic plan to 2 of 5
40	40	12prevent, reduce, prevent, and eliminate human trafficking; provided further, said strategic plan
41	41	13shall include ways to support the health, safety, and autonomy of sex workers. The goal shall be
42	42	14to reduce the economic, legal, and social vulnerability of people who experience human
43	43	15trafficking and/or engage in criminalized sex work. The strategic plan shall identify and
44	44	16collaborate with groups of people that are vulnerable to human trafficking, or likely to engage in
45	45	17sex work, including, but not limited to, sex workers, people who use drugs, undocumented
46	46	18people, people who identify as LGBTQ+, formerly incarcerated people, and people who are
47	47	19unhoused.
48	48	20 The Department shall identify resources, and initiate referrals, for free or low-cost (i)
49	49	21housing, (ii) healthcare including reproductive healthcare, (iii) childcare, (iv) legal aid, (v) harm
50	50	22reduction for substance use, (vi) safer sex resources, and (vii) educational and training
51	51	23opportunities. The Department shall identify, provide contact information for, and make referrals
52	52	24to community organizations that provide support to the above listed populations, among others.
53	53	25 Provided further, said strategic plan shall include the development of a system, directly or
54	54	26indirectly, to distribute cash aid to populations vulnerable to human trafficking, particularly
55	55	27people who engage in sex work. Provided further, the strategic plan shall create a publicly
56	56	28available system for individuals to submit an incident report related to human trafficking or
57	57	29abuse experienced during the course of sex work. The strategic plan, resources, incident
58	58	30reporting system, and application for cash aid shall be listed on the Department’s publicly
59	59	31available website. The strategic plan should be created in collaboration with individuals who
60	60	32have engaged in commercial sex, individuals who have experiences with trafficking in the sex
61	61	33trade, and organizations that advocate for those individuals, among others. An initial iteration of
62	62	34the strategic plan should be made publicly available no later than November 30, 2023. 3 of 5
63	63	35 SECTION 3. Section 53 of chapter 272 of the General Laws is hereby amended by
64	64	36striking out subsection (a) as appearing in the 2018 Official Edition, and inserting in place
65	65	37thereof the following subsection:-
66	66	38 (a) Whoever commits offensive and disorderly acts or language, accosts or annoys
67	67	39another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and
68	68	40disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in
69	69	41a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by
70	70	42both such fine and imprisonment.
71	71	43 SECTION 19. Chapter 272 of the General Laws is hereby amended by adding after
72	72	44section 53B the following section, which shall be titled “Interagency committee to study
73	73	45decriminalizing sex work”:-
74	74	46 Section 53C. (a) There shall be an interagency committee to be convened by the
75	75	47Executive Office of Health and Human Services within 90 days from the date of the enactment
76	76	48of this provision to study decriminalizing sex work. The committee shall consist of: (i) the
77	77	49secretary of the Executive Office of Health and Human Services or the secretary’s designee; (ii)
78	78	50a representative of the Department of Public Health; (iii) a representative of the Executive Office
79	79	51of Labor and Workforce Development; (iv) a representative of the Department of Housing and
80	80	52Community Development; (v) a representative of the Department of Children and Families; (vii)
81	81	53a representative from an organization focused on advocacy for sex workers; (viii) a
82	82	54representative from an organization focused incarcerated and formerly incarcerated LGBTQ+
83	83	55people; (xiv) a representative from an organization focused on advocating for transgender
84	84	56people; (xv) a representative from an organization focused on advocating for racial justice; (ix) a 4 of 5
85	85	57representative from an organization representing survivors of human trafficking in the
86	86	58commercial sex sector; (x) representative from the Boston Area Rape Crisis Center; (xi) a
87	87	59representative from the American Civil Liberties Union of Massachusetts; (xii) a representative
88	88	60from an organization focused on harm reduction related to substance use;(xiii) a representative
89	89	61from an organization focused on advocating for legal defense and bonds for undocumented
90	90	62people; (xiv) a representative from the Committee for Public Counsel Services; and (xv) at least
91	91	63three current or former sex workers. The members of the committee shall be appointed by the
92	92	64secretary of the Executive Office of Health and Human Services or the secretary’s designee
93	93	65unless otherwise stated. Two co-chairs shall be appointed by majority vote of commission
94	94	66members. Adequate compensation for services shall be determined by a schedule of fees adopted
95	95	67by the committee.
96	96	68 The committee shall be responsible for studying and making recommendations towards
97	97	69the following: (i) what criminal penalties and collateral consequences exist related to the
98	98	70criminalization of sex work, (ii) what labor protections need to be in place under
99	99	71decriminalization, (iii) what services need to be made available to people engaged in commercial
100	100	72sex to improve health and safety outcomes, (iv) identify the methods of human trafficking and
101	101	73exploitation in order to develop strategies to reduce these activities in collaboration with sex
102	102	74workers, with a focus on prevention, and (v) implementation models for alternatives to policing
103	103	75to promote safety in the commercial sex sector, rooted in public health.
104	104	76 SECTION 20. Section 100K of chapter 276 of the General Laws is hereby amended by
105	105	77striking out subsection (c), as so appearing, and inserting in place thereof the following
106	106	78subsections:- 5 of 5
107	107	79 (c) The court must order an expungement pursuant to this section of a record created as a
108	108	80result of a criminal court appearance, juvenile court appearance or dispositions for charges of
109	109	81common street walking, under Section 53(a) of chapter 272 as appearing in the 2018 Official
110	110	82Edition, and a third conviction of being a common nightwalker, under Section 62 of chapter 272
111	111	83as appearing in the 2018 Official Edition.
112	112	84 (d) The court shall forward an order for expungement pursuant to this section forthwith to
113	113	85the clerk of the court where the record was created, to the commissioner and to the commissioner
114	114	86of criminal justice information services appointed pursuant to section 167A of chapter 6.
115	115	87 SECTION 21. Section 62 of Chapter 272 of the General Laws is hereby repealed.
116	116	88 SECTION 22 . Chapter 94C is hereby amended by inserting after section 34A the
117	117	89following section:- Section 34B: Any person who, in good faith, reports a crime shall not be
118	118	90charged or prosecuted for (i) possession of a controlled substance under section 34, (ii) sex for
119	119	91fee under chapter 272 section 53A subsections (a) or (b), (iii) loitering under chapter 161 section
120	120	9295, (iv) trespassing under chapter 266 section 120, (v) soliciting under chapter 272 section 8, or
121	121	93(vi) conspiracy to commit any of the aforementioned offenses under chapter 94C section 40, or
122	122	94found in violation of a condition of probation or pretrial release as determined by a court or a
123	123	95condition of parole, as determined by the parole board if the evidence for the above enumerated
124	124	96offenses was gained as a result of reporting a crime.