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;
1.5 including coerced labor or services as aggravating factor to penalty for sex
1.6 trafficking; making conforming changes related to the statewide human trafficking
1.7 assessment; amending Minnesota Statutes 2022, sections 299A.78, subdivision 1;
1.8 299A.79, subdivision 3; 609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by
1.9 adding a subdivision; 609.321, by adding subdivisions; 609.322, subdivision 1;
1.10 repealing Minnesota Statutes 2022, section 609.281, subdivision 2.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:
1.13 Subdivision 1.Definitions.For purposes of sections 299A.78 to 299A.795, the following
1.14definitions apply:
1.15 (a) "Commissioner" means the commissioner of the Department of Public Safety.
1.16 (b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
1.17that provide legal, social, or other community services.
1.18 (c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
1.19 (d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
1.20 (e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281,
1.21subdivision 4.
1.22 (f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
1.23 (g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
1.246.
1Section 1.
REVISOR KLL H0042-1HF42 FIRST ENGROSSMENT
9
Printed
Page No.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 Feist, Curran and Becker-Finn01/04/2023
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
Adoption of Report: Placed on the General Register as Amended01/19/2023
Read for the Second Time 2.1 (h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
2.2 (i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision
2.37b.
2.4 (j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking."
2.5 (k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
2.6victim."
2.7 EFFECTIVE DATE.This section is effective August 1, 2023.
2.8 Sec. 2. Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:
2.9 Subd. 3.Public awareness initiative.The public awareness initiative required in
2.10subdivision 1 must address, at a minimum, the following subjects:
2.11 (1) the risks of becoming a trafficking victim;
2.12 (2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced
2.13labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal
2.14sexual conduct, exposure to sexually transmitted diseases, and psychological harm;
2.15 (3) crime victims' rights; and
2.16 (4) reporting recruitment activities involved in trafficking.
2.17 EFFECTIVE DATE.This section is effective August 1, 2023.
2.18 Sec. 3. Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:
2.19 Subd. 3.Debt bondage."Debt bondage" means the status or condition of a debtor arising
2.20from a pledge by the debtor of the debtor's personal occurs when a person provides labor
2.21or services or those of any kind to pay a real or alleged debt of a the person under the debtor's
2.22control as a security for debt or another, if the value of those the labor or services as
2.23reasonably assessed is not applied toward the liquidation of the debt or the length and nature
2.24of those the labor or services are not respectively limited and defined.
2.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
2.26committed on or after that date.
2Sec. 3.
REVISOR KLL H0042-1HF42 FIRST ENGROSSMENT 3.1 Sec. 4. Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:
3.2 Subd. 4.Forced or coerced labor or services."Forced or coerced labor or services"
3.3means labor or services of any kind that are performed or provided by another person and
3.4are obtained or maintained through an actor's:
3.5 (1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement
3.6intended to cause a person to believe that, if the person did not perform or provide the labor
3.7or services, that person or another person would suffer bodily harm or physical restraint;
3.8sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,
3.9psychological, economic, or reputational harm;
3.10 (2) physically restraining or threatening to physically restrain sexual contact, as defined
3.11in section 609.341, subdivision 11, paragraph (b), with a person;
3.12 (3) physical restraint of a person;
3.13 (4) infliction of bodily, psychological, economic, or reputational harm;
3.14 (3) (5) abuse or threatened abuse of the legal process, including the use or threatened
3.15use of a law or legal process, whether administrative, civil, or criminal; or
3.16 (4) knowingly destroying, concealing, removing, confiscating, or possessing (6)
3.17destruction, concealment, removal, confiscation, withholding, or possession of any actual
3.18or purported passport or other immigration document, or any other actual or purported
3.19government identification document, of another person; or.
3.20 (5) use of blackmail.
3.21 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
3.22committed on or after that date.
3.23 Sec. 5. Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:
3.24 Subd. 5.Labor trafficking."Labor trafficking" means:
3.25 (1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,
3.26or receipt of a person by any means, for the purpose in furtherance of:
3.27 (i) debt bondage or;
3.28 (ii) forced or coerced labor or services;
3.29 (ii) (iii) slavery or practices similar to slavery; or
3.30 (iii) (iv) the removal of organs through the use of coercion or intimidation; or
3Sec. 5.
REVISOR KLL H0042-1HF42 FIRST ENGROSSMENT 4.1 (2) receiving profit or anything of value, knowing or having reason to know it is derived
4.2from an act described in clause (1).
4.3 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.4committed on or after that date.
4.5 Sec. 6. Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:
4.6 Subdivision 1.Individuals under age 18 Labor trafficking resulting in death.Whoever
4.7knowingly engages in the labor trafficking of an individual who is under the age of 18 is
4.8guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or
4.9to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies
4.10and the death arose out of and in the course of the labor trafficking or the labor and services
4.11related to the labor trafficking.
4.12 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.13committed on or after that date.
4.14 Sec. 7. Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to
4.15read:
4.16 Subd. 1a.Individuals under age 18; extended period of time; great bodily
4.17harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a
4.18crime and may be sentenced to imprisonment for not more than 20 years or to a payment
4.19of a fine of not more than $40,000, or both if any of the following circumstances exist:
4.20 (1) the labor trafficking victim is under the age of 18;
4.21 (2) the labor trafficking occurs over an extended period of time; or
4.22 (3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose
4.23out of and in the course of the labor trafficking or the labor and services related to the labor
4.24trafficking.
4.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
4.26committed on or after that date.
4.27 Sec. 8. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to
4.28read:
4.29 Subd. 15.Debt bondage."Debt bondage" has the meaning given in section 609.281,
4.30subdivision 3.
4Sec. 8.
REVISOR KLL H0042-1HF42 FIRST ENGROSSMENT 5.1 EFFECTIVE DATE.This section is effective August 1, 2023.
5.2 Sec. 9. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to
5.3read:
5.4 Subd. 16.Forced or coerced labor or services."Forced or coerced labor or services"
5.5has the meaning given in section 609.281, subdivision 4.
5.6 EFFECTIVE DATE.This section is effective August 1, 2023.
5.7 Sec. 10. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
5.8to read:
5.9 Subd. 17.Labor trafficking."Labor trafficking" has the meaning given in section
5.10609.281, subdivision 5.
5.11 EFFECTIVE DATE.This section is effective July 1, 2023.
5.12 Sec. 11. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
5.13to read:
5.14 Subd. 18.Labor trafficking victim."Labor trafficking victim" has the meaning given
5.15in section 609.281, subdivision 6.
5.16 EFFECTIVE DATE.This section is effective August 1, 2023.
5.17 Sec. 12. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
5.18to read:
5.19 Subd. 19.Trafficking."Trafficking" includes labor trafficking and sex trafficking.
5.20 EFFECTIVE DATE.This section is effective August 1, 2023.
5.21 Sec. 13. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
5.22to read:
5.23 Subd. 20.Trafficking victim."Trafficking victim" includes a labor trafficking victim
5.24and a sex trafficking victim.
5.25 EFFECTIVE DATE.This section is effective August 1, 2023.
5Sec. 13.
REVISOR KLL H0042-1HF42 FIRST ENGROSSMENT 6.1 Sec. 14. Minnesota Statutes 2022, section 609.322, subdivision 1, is amended to read:
6.2 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking
6.3in the first degree.(a) Whoever, while acting other than as a prostitute or patron,
6.4intentionally does any of the following may be sentenced to imprisonment for not more
6.5than 25 years or to payment of a fine of not more than $50,000, or both:
6.6 (1) solicits or induces an individual under the age of 18 years to practice prostitution;
6.7 (2) promotes the prostitution of an individual under the age of 18 years;
6.8 (3) receives profit, knowing or having reason to know that it is derived from the
6.9prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
6.10or
6.11 (4) engages in the sex trafficking of an individual under the age of 18 years.
6.12 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
6.13for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one
6.14or more of the following aggravating factors are present:
6.15 (1) the offender has committed a prior qualified human trafficking-related offense;
6.16 (2) the offense involved a sex trafficking victim who suffered bodily harm during the
6.17commission of the offense;
6.18 (3) the time period that a sex trafficking victim was held in debt bondage or forced or
6.19coerced labor or services exceeded 180 days; or
6.20 (4) the offense involved more than one sex trafficking victim.
6.21 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes
6.22committed on or after that date.
6.23 Sec. 15. REPEALER.
6.24 Minnesota Statutes 2022, section 609.281, subdivision 2, is repealed.
6.25 EFFECTIVE DATE.This section is effective August 1, 2023.
6Sec. 15.
REVISOR KLL H0042-1HF42 FIRST ENGROSSMENT 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: H0042-1