1.1 A bill for an act
1.2 relating to public safety; amending definitions of labor trafficking; establishing
1.3 enhanced penalties for labor trafficking when the trafficking occurs over an
1.4 extended period of time or when a victim dies or suffers great bodily harm; making
1.5 conforming changes related to the statewide human trafficking assessment;
1.6 amending Minnesota Statutes 2022, sections 299A.78, subdivision 1; 299A.79,
1.7 subdivision 3; 609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a
1.8 subdivision; repealing Minnesota Statutes 2022, section 609.281, subdivision 2.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:
1.11 Subdivision 1.Definitions.For purposes of sections 299A.78 to 299A.795, the following
1.12definitions apply:
1.13 (a) "Commissioner" means the commissioner of the Department of Public Safety.
1.14 (b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
1.15that provide legal, social, or other community services.
1.16 (c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
1.17 (d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
1.18 (e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281,
1.19subdivision 4.
1.20 (f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
1.21 (g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
1.226.
1.23 (h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
1Section 1.
REVISOR KLL/BM 23-0063111/29/22
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 42
NINETY-THIRD SESSION
Authored by Feist01/04/2023
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision
2.27b.
2.3 (j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking."
2.4 (k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
2.5victim."
2.6 EFFECTIVE DATE.This section is effective August 1, 2023.
2.7 Sec. 2. Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:
2.8 Subd. 3.Public awareness initiative.The public awareness initiative required in
2.9subdivision 1 must address, at a minimum, the following subjects:
2.10 (1) the risks of becoming a trafficking victim;
2.11 (2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced
2.12labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal
2.13sexual conduct, exposure to sexually transmitted diseases, and psychological harm;
2.14 (3) crime victims' rights; and
2.15 (4) reporting recruitment activities involved in trafficking.
2.16 EFFECTIVE DATE.This section is effective August 1, 2023.
2.17 Sec. 3. Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:
2.18 Subd. 3.Debt bondage."Debt bondage" means the status or condition of a debtor arising
2.19from a pledge by the debtor of the debtor's personal occurs when a person provides labor
2.20or services or those of any kind to pay a real or alleged debt of a the person under the debtor's
2.21control as a security for debt or another, if the value of those the labor or services as
2.22reasonably assessed is not applied toward the liquidation of the debt or the length and nature
2.23of those the labor or services are not respectively limited and defined.
2.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
2.25committed on or after that date.
2.26 Sec. 4. Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:
2.27 Subd. 4.Forced or coerced labor or services."Forced or coerced labor or services"
2.28means labor or services of any kind that are performed or provided by another person and
2.29are obtained or maintained through an actor's:
2Sec. 4.
REVISOR KLL/BM 23-0063111/29/22 3.1 (1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement
3.2intended to cause a person to believe that, if the person did not perform or provide the labor
3.3or services, that person or another person would suffer bodily harm or physical restraint;
3.4sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,
3.5psychological, economic, or reputational harm;
3.6 (2) physically restraining or threatening to physically restrain sexual contact, as defined
3.7in section 609.341, subdivision 11, paragraph (b), with a person;
3.8 (3) physical restraint of a person;
3.9 (4) infliction of bodily, psychological, economic, or reputational harm;
3.10 (3) (5) abuse or threatened abuse of the legal process, including the use or threatened
3.11use of a law or legal process, whether administrative, civil, or criminal; or
3.12 (4) knowingly destroying, concealing, removing, confiscating, or possessing (6)
3.13destruction, concealment, removal, confiscation, withholding, or possession of any actual
3.14or purported passport or other immigration document, or any other actual or purported
3.15government identification document, of another person; or.
3.16 (5) use of blackmail.
3.17 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
3.18committed on or after that date.
3.19 Sec. 5. Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:
3.20 Subd. 5.Labor trafficking."Labor trafficking" means:
3.21 (1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,
3.22or receipt of a person by any means, for the purpose in furtherance of:
3.23 (i) debt bondage or;
3.24 (ii) forced or coerced labor or services;
3.25 (ii) (iii) slavery or practices similar to slavery; or
3.26 (iii) (iv) the removal of organs through the use of coercion or intimidation; or
3.27 (2) receiving profit or anything of value, knowing or having reason to know it is derived
3.28from an act described in clause (1).
3.29 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
3.30committed on or after that date.
3Sec. 5.
REVISOR KLL/BM 23-0063111/29/22 4.1 Sec. 6. Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:
4.2 Subdivision 1.Individuals under age 18 Labor trafficking resulting in death.Whoever
4.3knowingly engages in the labor trafficking of an individual who is under the age of 18 is
4.4guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or
4.5to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies
4.6and the death arose out of and in the course of the labor trafficking or the labor and services
4.7related to the labor trafficking.
4.8 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.9committed on or after that date.
4.10 Sec. 7. Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to
4.11read:
4.12 Subd. 1a.Individuals under age 18; extended period of time; great bodily
4.13harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a
4.14crime and may be sentenced to imprisonment for not more than 20 years or to a payment
4.15of a fine of not more than $40,000, or both if any of the following circumstances exist:
4.16 (1) the labor trafficking victim is under the age of 18;
4.17 (2) the labor trafficking occurs over an extended period of time; or
4.18 (3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose
4.19out of and in the course of the labor trafficking or the labor and services related to the labor
4.20trafficking.
4.21 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.22committed on or after that date.
4.23 Sec. 8. REPEALER.
4.24 Minnesota Statutes 2022, section 609.281, subdivision 2, is repealed.
4.25 EFFECTIVE DATE.This section is effective August 1, 2023.
4Sec. 8.
REVISOR KLL/BM 23-0063111/29/22 609.281 DEFINITIONS.
Subd. 2.Blackmail."Blackmail" means a threat to expose any fact or alleged fact tending to
cause shame or to subject any person to hatred, contempt, or ridicule.
1R
APPENDIX
Repealed Minnesota Statutes: 23-00631