1 of 1
SENATE DOCKET, NO. 2191 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1197
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark C. Montigny
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to strengthen laws combatting human trafficking and protecting survivors of modern-day
slavery.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 16
SENATE DOCKET, NO. 2191 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1197
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1197) of Mark C. Montigny for
legislation to strengthen laws combatting human trafficking and protecting survivors of modern-
day slavery. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1057 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to strengthen laws combatting human trafficking and protecting survivors of modern-day
slavery.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is
2hereby amended by adding the following section:-
3 Section 223. (a) For purposes of this section, “partnership” shall mean the human
4trafficking prevention business partnership.
5 (b) There shall be a human trafficking prevention business partnership. The partnership
6shall engage participating corporations and other private entities in voluntary efforts to prevent
7and combat human trafficking. The governor or the governor’s designee shall serve as chair of
8the partnership. 2 of 16
9 (c) The corporations and other private entities that participate in the partnership shall: (i)
10adopt a zero tolerance policy toward human trafficking; (ii) ensure that the employees of the
11corporation or entity comply with the policy adopted pursuant to clause (i); (iii) participate in
12public awareness and education campaigns; (iv) enhance awareness of and encourage
13participation in the partnership; and (v) exchange information about effective practices for
14abolishing human trafficking including, but not limited to, identifying private and nonprofit
15resources that may be available to support the work of the partnership and promote efforts to
16abolish human trafficking.
17 (d) The governor or the governor’s designee shall work collaboratively to promote the
18partnership with other state agencies including, but not limited to, the executive office of labor
19and workforce development, the executive office of health and human services and the executive
20office of public safety and security.
21 (e) The chair of the partnership shall present a certificate of recognition to participating
22corporations and private entities to recognize the corporation’s or other private entity’s
23contributions and commitment to abolishing human trafficking.
24 (f) Nothing in this section shall limit any existing partnerships to prevent or combat
25human trafficking, including, but not limited to, existing programs through the office of the
26attorney general.
27 (g) Nothing in this section shall limit any laws related to human trafficking.
28 SECTION 2. Chapter 6A of the General Laws, as so appearing, is hereby amended by
29adding the following 3 sections:- 3 of 16
30 Section 110. (a) Law enforcement agencies, prosecutors, public defenders, juvenile
31detention center employees providing direct services and others providing direct services in the
32juvenile justice system and criminal justice system shall be trained in identifying and responding
33to human trafficking. The executive office public safety and security shall offer training that
34shall include information on: (i) human trafficking offenses; (ii) methods used in identifying
35victims of human trafficking who may be United States citizens or foreign national citizens,
36including preliminary interview techniques and appropriate questioning methods; (iii)
37prosecuting human traffickers; (iv) increasing effective collaboration between the courts,
38nongovernmental organizations and other relevant social service organizations to assist in the
39investigation and prosecution of human trafficking cases; (v) protecting the rights of victims of
40human trafficking, including, but not limited to, specific consideration of human rights and
41female and minor victims; (vi) interacting with victims of human trafficking as victims of crime
42rather than criminals; and (vii) promoting the safety of victims of human trafficking. The training
43shall include information on the screening of individuals who may be victims of human
44trafficking and data collection protocols under section 35A of chapter 22C. The executive office
45of public safety and security shall collaborate with nongovernmental organizations and other
46relevant organizations in the preparation and presentation of the training required pursuant to this
47section. Nothing in this section shall preclude alternative training programs approved by the
48attorney general.
49 (b) The administrative office of the trial court shall provide mandatory training for
50judges, clerk-magistrates and court personnel.
51 (c) The executive office of education shall implement mandatory educational training for
52educators in kindergarten to grade 12, inclusive. The training shall include information to assist 4 of 16
53educators in identifying victims of human trafficking and providing appropriate support to
54victims of human trafficking. The training may be incorporated into professional development
55modules. The executive office of education may collaborate with public or nongovernmental
56organizations to provide training and may use previously developed courses. The executive
57office of education shall also develop a parent guide and teacher training material on internet
58safety and methods of preventing the exploitation of minors over the internet.
59 (d) The department of public health shall implement mandatory training at hospitals
60licensed pursuant to chapter 111 for mandated reporters, as defined by section 21 of chapter 119,
61working in such a facility to assist in identifying human trafficking victims and the appropriate
62actions to be undertaken when such victims have been identified. The department may
63collaborate with public or nongovernmental organizations to provide training and may use
64previously developed courses.
65 Section 111. (a) The executive office of health and human services, in cooperation with
66the executive office of public safety and security, other appropriate agencies and
67nongovernmental organizations, shall, subject to appropriation, prepare public awareness
68programs to educate potential victims of human trafficking and their families on the risks of
69victimization. The public awareness programs shall include, but not be limited to: (i) information
70about the risks of becoming a victim of human trafficking that uses best practices to prevent
71stigmatization of victims and includes information about common recruitment techniques, use of
72debt bondage and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and
73other sexually-transmitted diseases and psychological harm related to victimization in human
74trafficking cases; (ii) information about victims’ rights under federal and state laws; (iii) methods
75for reporting suspected recruitment activities; and (iv) information on the types of services 5 of 16
76available to victims of human trafficking and how to access such services, including information
77on relevant hotlines including the National Human Trafficking Resource Center Hotline.
78 (b) The executive office of health and human services, in cooperation with other
79appropriate agencies and nongovernmental organizations, shall prepare and disseminate general
80public awareness materials to educate the public on the extent of human trafficking of both
81United States citizens and foreign nationals within the United States to discourage the demand
82that fosters the exploitation of persons and that leads to human trafficking.
83 General public awareness materials may include: (i) information on the impact of human
84trafficking on individual victims, whether United States citizens or foreign nationals; (ii)
85aggregate information on human trafficking worldwide and domestically; and (iii) warnings of
86the criminal consequences of engaging in human trafficking. The materials may include
87pamphlets, brochures, posters and advertisements in mass media and any other appropriate
88media.
89 (c) Programs and materials described in this section shall preserve the privacy of victims
90and their family members.
91 (d) All public awareness programs shall be evaluated periodically to ensure their
92effectiveness.
93 (e) The executive office of health and human services, in collaboration with the executive
94office of public safety and security and the office of the attorney general, shall establish and
95maintain an independent website to disseminate information regarding human trafficking, human
96trafficking crime statistics and resources for victims of human trafficking. Information available 6 of 16
97through the website shall not include the names, locations or other identifying information of
98victims of human trafficking.
99 Section 112. The secretary of health and human services shall file an annual report not
100later than January 1 with the joint committee on children, families and persons with disabilities,
101the senate and house committees on ways and means and the senate and house committees on
102rules outlining the adequacy and limitations of current services to meet the safety, support,
103housing, health, education and quality of life needs of human trafficking victims. The report shall
104identify specialized needs of victims under the age of 18 including, but not limited to, the needs
105or current efforts to provide specialized foster care, other suitable housing arrangements and
106services to safe guard children. The report shall also identify current resources available at safe
107house facilities including the number of beds, resources located on site and number of victims
108served.
109 SECTION 3. Chapter 6C of the General Laws is hereby amended by adding the
110following section:-
111 Section 80. (a) The department shall display public awareness signs that contain the
112National Human Trafficking Resource Center Hotline, or a successor hotline, in every
113transportation station, rest area and welcome center that is open to the public.
114 (b) Public awareness campaign advertisements shall be displayed in a conspicuous
115location visible to the public and employees in: (i) adult entertainment facilities and other
116businesses primarily dedicated to adult entertainment or sex-related products; (ii) facilities
117determined to be a nuisance for prostitution under section 4 of chapter 139; (iii) facilities
118licensed as massage establishments and facilities providing bodywork and related therapies; (iv) 7 of 16
119nail salons; (v) job recruitment centers; (vi) facilities operating as foreign transmittal agencies
120under chapter 169; (vii) hospitals; and (viii) emergency care providers.
121 (c) An employer who violates subsection (b) shall be punished by a fine of not more than
122$500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
123 (d) The attorney general shall promulgate rules and regulations to enforce subsection (b).
124 SECTION 4. Section 66A of chapter 10 of the General Laws, as so appearing, is hereby
125amended by striking out, in line 3, the word “proceeds” and inserting in place thereof the
126following words:- all revenues received under section 6O of chapter 62, proceeds.
127 SECTION 5. Chapter 22C of the General Laws is hereby amended by inserting after
128section 35 the following section:-
129 SECTION 35A. (a) The colonel shall promulgate regulations relative to the collection of
130human trafficking crime data. The regulations shall include, but not be limited to: (i) the
131responsibilities of the crime reporting unit, as defined in section 32 of chapter 22C, for the
132collection, analysis, classification, reporting and retention of human trafficking crime data in a
133central repository; (ii) the procedures necessary to ensure effective data-gathering, preservation
134and protection of confidential information, including, but not limited to, victims’ private and
135identifying information, and the disclosure of information as required by this section; (iii) the
136procedures for reporting data on a standardized form to the crime reporting unit by law
137enforcement agencies; and (iv) the procedures for assessing the credibility and accuracy of
138reports of human trafficking from law enforcement agencies. 8 of 16
139 (b) The crime reporting unit shall analyze and summarize reports of human trafficking
140data received by the unit. The crime reporting unit shall produce a report summarizing the data
141collected from law enforcement agencies, which shall be submitted annually to the governor,
142attorney general, the joint committee on public safety and homeland security, the joint committee
143on the judiciary, the senate and house committees on rules, and the senate and house committees
144on ways and means. The report shall not include the names, locations or other identifying
145information of victims of human trafficking. The annual report shall be a public record and shall
146be available on the executive office of public safety and security’s website.
147 (c) The crime reporting unit shall make data collected on human trafficking under this
148section available to federal, state and municipal agencies including, but not limited to, law
149enforcement agencies. Data collected on human trafficking under this section shall be made
150available to the public. The disclosed information shall not include the names, addresses or other
151identifying information of victims of human trafficking.
152 (d) The district attorney for each county shall report on human trafficking data to the
153crime reporting unit. Data provided to the crime reporting unit shall include, but not be limited
154to: (i) the number of prosecutions and convictions of human trafficking crimes, including
155prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of
156individuals prosecuted for and convicted of violations under said sections 50 and 51 of said
157chapter 265, including nationality, age, gender and place of origin; (iii) the characteristics of
158victims of human trafficking, including nationality, age, gender and place of origin; and (iv) the
159number of human trafficking prosecutions and convictions originating in each municipality
160under the district attorney's jurisdiction. 9 of 16
161 (e) The attorney general shall report on human trafficking data to the crime reporting
162unit. Data provided to the crime reporting unit shall include, but not be limited to: (i) the number
163of prosecutions and convictions of human trafficking crimes, including prosecutions and
164convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals
165prosecuted for and convicted of violations under said sections 50 and 51 of said chapter 265,
166including nationality, age, gender and place of origin; (iii) the characteristics of victims of human
167trafficking, including nationality, age, gender and place of origin; and (iv) the number of human
168trafficking prosecutions and convictions originating in each municipality under the attorney
169general’s jurisdiction.
170 (f) All state, county, municipal and campus police departments and other law
171enforcement agencies that report crime statistics to the executive office of public safety and
172security shall include statistics on the crimes of trafficking of persons for sexual servitude under
173section 50 of chapter 265 and trafficking of persons for forced service under section 51 of said
174chapter 265 to ensure compliance with reporting standards established by the Federal Bureau of
175Investigation’s Uniform Crime Reporting Program. Said data shall be reported to the crime
176reporting unit.
177 (g) The executive office of public safety and security shall prescribe a standardized form
178for data collection under subsections (d), (e), and (f).
179 SECTION 6. Chapter 62 of the General Laws, as so appearing, is hereby amended by
180inserting after section 6N the following section:-
181 Section 6O. A person filing an individual or a joint return may voluntarily contribute all
182or part of a refund to which the person is entitled, or may voluntarily add an amount on to an 10 of 16
183amount due, to be credited to the Victims of Human Trafficking Trust Fund established in
184section 66A of chapter 10.
185 A contribution under this section may be made with respect to any taxable year at the
186time of filing a return of the tax established by this chapter for such taxable year. The
187commissioner shall prescribe the manner in which the contribution shall be made on the face of
188the return required by section 5 of chapter 62C; provided, however, that the commissioner shall
189assure that taxpayers filing such a form are made clearly aware of their ability to make the
190contributions provided for by this section.
191 The commissioner shall annually report the total amount designated under this section to
192the state treasurer, who shall credit such amount to the Victims of Human Trafficking Trust
193Fund.
194 SECTION 7. Chapter 90F of the General Laws, as so appearing, is hereby amended by
195adding the following section:-
196 Section 17. Upon application or renewal for a license to operate a commercial motor
197vehicle, the registrar shall provide the applicant with materials regarding the recognition and
198prevention of human trafficking. The registrar shall also post the materials online in a
199conspicuous manner alongside driver manuals and resources on the registry website. The
200registrar may collaborate with organizations that specialize in the recognition and prevention of
201human trafficking including, but not limited to, Truckers Against Trafficking or its successor
202organization. 11 of 16
203 SECTION 8. Section 90A of chapter 127 of the General Laws, as so appearing, is hereby
204amended by striking out, in line 13, the words “or section twenty-six” and inserting in place
205thereof the following words:- , section 26 or section 50.
206 SECTION 9. Chapter 140 of the General Laws, as so appearing, is hereby amended by
207inserting after section 6B the following section:-
208 Section 6C. A person, corporation, partnership or other legal entity licensed as an
209innholder shall provide human trafficking awareness training to each person in its employ at the
210time of hire. The training shall include, but not be limited to: (i) the definition of human
211trafficking and commercial exploitation of children; (ii) recognition of potential victims of
212human trafficking; (iii) activities commonly associated with human trafficking; and (iv) how to
213appropriately respond to a known or suspected case of human trafficking. The training program
214shall be approved by the licensing authority and may be developed by a non-profit or lodging
215association organization familiar with human trafficking-related issues in the hospitality
216industry. An innholder shall annually certify to the licensing authority that each employee of the
217innholder’s establishment has received training required by this section. An innholder that fails
218to provide training required by this section shall be punished by a fine of not less than $1,000 per
219day that the violation occurs.
220 SECTION 10. Section 4D of chapter 260 of the General Laws, as so appearing, is hereby
221amended by striking out, in lines 11 and 14, the figure “3” and inserting in place thereof the
222following figure:- 10. 12 of 16
223 SECTION 11. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby
224amended by striking out, in line 5, the words “section 53A” and inserting in place thereof the
225following words:- sections 8, 26 or 53A.
226 SECTION 12. Section 59 of chapter 265 of the General Laws, as so appearing, and as
227most recently amended by section 132 of the Acts of 2018, is hereby amended by inserting after
228the word “under” in the first instance the following words:- subsection (1) of section 30 or
229section 30A of chapter 266, or under
230 SECTION 13. Chapter 276 of the General Laws, as so appearing, is hereby amended by
231inserting after section 87B the following section:-
232 Section 87C. (a) First offender commercial sexual exploitation prevention programs may
233be established and certified, subject to appropriation. A court and the district attorney may, after
234arraignment, prior to the disposition of a defendant and with the approval of the district attorney,
235divert the defendant charged with a first offense of subsection (b) of section 53A of chapter 272
236to a first offender commercial sexual exploitation prevention program. The court shall continue
237the matter while the defendant fulfills the requirements of the program and shall retain
238jurisdiction pending the defendant’s successful completion of the program. The district attorney
239may at any time petition to remove the defendant from the program if the defendant fails to
240fulfill the requirement of the program. If the court finds that the defendant has failed to
241substantially comply with the requirements of the program, the court may restore the criminal
242complaint to the docket for trial or further proceedings in accordance with the regular course of
243such proceedings. 13 of 16
244 (b) The court shall determine if the defendant is eligible to participate in the first offender
245commercial sexual exploitation prevention program established pursuant to this section. The
246defendant shall not be eligible if the court determines that: (i) the defendant was convicted or
247admitted to sufficient facts of a previous violation of subsection (b) or (c) of section 53A of
248chapter 272 or a similar offense under the laws of another state; (ii) the defendant was previously
249admitted to a first offender commercial sexual exploitation prevention program under this
250section; (iii) the defendant has previously been charged with a violation of subsection (b) or (c)
251of said section 53A of said chapter 272 or a similar offense under the laws of another state and is
252awaiting adjudication of such offense; (iv) the defendant has been charged with, convicted of or
253admitted to sufficient facts of a violation of section 50 or 51 of chapter 265; or (v) the defendant
254is a registered sex offender under chapter 6 or the laws of another jurisdiction.
255 (c) A first offender commercial sexual exploitation prevention program shall, at a
256minimum: (i) provide each participant with information, counseling and services relating to: (A)
257the negative impact of commercial sex and sex trafficking on victims; (B) the negative impact of
258commercial sex and sex trafficking on communities; (C) the health risks involved in commercial
259sexual exploitation, including the risk of sexually transmitted diseases and issues relating to
260mental health, substance abuse and sexual addiction; (D) the legal consequence to the defendant;
261and (E) classroom instruction related to the prevention of commercial sexual exploitation and
262organized crime and the sex industry; (ii) employ persons or solicit volunteers that may include,
263but shall not be limited to, health care professionals, psychologists, licensed social workers or
264counselors, survivors of commercial sexual exploitation, members of a neighborhood association
265or community that is adversely affected by the commercial sex trade or trafficking of persons or
266employees of a nongovernmental organization specializing in advocacy on laws related to sex 14 of 16
267trafficking or human trafficking or in providing services to victims of those offenses; (iii) allow
268a participant to withdraw from the program at any time before a trial on the merits has been
269initiated; and (iv) certify to the court that the defendant has successfully completed the
270requirements of the program, has failed to complete the program or has withdrawn from the
271program.
272 (d) Upon successful completion of the program, the court may dismiss the charge against
273the defendant. Upon dismissal, the court may order the record of the defendant sealed.
274 (e) The court shall determine and assess an appropriate fee for participation in the first
275offender commercial sexual exploitation prevention program. The court shall not waive the fee
276but may reduce the fee based on a determination by the court that the defendant cannot pay the
277entire fee. The fee shall be distributed as follows: (i) ⅓ shall be transferred to the nonprofit
278organization certified by the commissioner of probation to conduct the program; (ii) ⅓ shall be
279transferred to the Victims of Human Trafficking Trust Fund established in section 66A of
280chapter 10; and (iii) ⅓ shall be transferred to the state or municipal law enforcement agency
281responsible for the arrest of the defendant to be used for human trafficking investigations and
282prevention and to fund mandatory training for law enforcement agencies, prosecutors, public
283defenders, juvenile detention center employees providing direct services to victims of human
284trafficking and others providing direct services in the juvenile justice system and criminal justice
285system.
286 (f) The commissioner of probation shall review each organization that operates a first
287offender commercial sexual exploitation prevention program and shall certify that the program is
288operating under the requirements of subsection (c). The commissioner shall notify the 15 of 16
289administrative office of the trial court and the district attorney of all programs receiving such
290certification. Only programs certified by the commissioner shall be qualified to operate a
291program under this section. The commissioner may decertify a program for good cause and the
292commissioner shall notify the administrative office of the trial court of decertification.
293 SECTION 14. Said chapter 276 is hereby further amended by inserting after section
294100U the following section:-
295 Section 100V. (a) In a case in which a plea of not guilty has been entered by a court
296pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed;
297(ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is
298made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the
299defendant, seal the court appearance and disposition recorded and the clerk and the probation
300officers of the courts in which the proceedings occurred or were initiated shall seal the records of
301the proceedings in their files. Sealed records shall not operate to disqualify a person in any
302examination, appointment, or application for public employment in the service of the
303commonwealth or of any political subdivision.
304 (b) An application for employment used by an employer that seeks information
305concerning prior arrests, convictions or adjudications of delinquency of the applicant shall
306include, in addition to the statement required under section 100A, the following statement: “An
307applicant for employment with a sealed record on file with the commissioner of probation may
308answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court
309appearances.” The attorney general may enforce this section by a suit in equity commenced in
310the superior court. Notwithstanding this section or any other general or special law to the 16 of 16
311contrary, the commissioner of probation or the clerk of courts in any district court, superior
312court, juvenile court or the Boston municipal court, in response to inquiries by authorized
313persons other than by a law enforcement agency or a court, shall, in the case of a sealed record,
314report that no record exists.
315 SECTION 15. The secretary of health and human services shall file the initial report
316required under section 107 of chapter 6A of the General Laws not later than 180 days after the
317effective date of this act.