Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF133 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to public safety; amending definitions of labor trafficking; establishing​
33 1.3 enhanced penalties for labor trafficking when the trafficking occurs over an​
44 1.4 extended period of time or when a victim dies or suffers great bodily harm; making​
55 1.5 conforming changes related to the statewide human trafficking assessment;​
6-1.6 requiring the Sentencing Guidelines Commission to consider assigning a severity
7-1.7 level ranking to the labor trafficking crime; amending Minnesota Statutes 2022,​
8-1.8 sections 299A.78, subdivision 1; 299A.79, subdivision 3; 609.281, subdivisions
9-1.9 3, 4, 5, by adding a subdivision; 609.282, subdivision 1, by adding a subdivision;
10-1.10 609.321, by adding subdivisions; 609.322, subdivision 1; 609.325, subdivision 4;
11-1.11 repealing Minnesota Statutes 2022, section 609.281, subdivision 2.
12-1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
13-1.13 Section 1. Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:
14-1.14 Subdivision 1.Definitions.For purposes of sections 299A.78 to 299A.795, the following
15-1.15definitions apply:
16-1.16 (a) "Commissioner" means the commissioner of the Department of Public Safety.​
17-1.17 (b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
18-1.18that provide legal, social, or other community services.​
19-1.19 (c) "Blackmail" has the meaning given in section 609.281, subdivision 2.​
20-1.20 (d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3.​
21-1.21 (e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281,​
22-1.22subdivision 4.​
23-1.23 (f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.​
6+1.6 amending Minnesota Statutes 2022, sections 299A.78, subdivision 1; 299A.79,
7+1.7 subdivision 3; 609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a
8+1.8 subdivision; repealing Minnesota Statutes 2022, section 609.281, subdivision 2.
9+1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10+1.10 Section 1. Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:
11+1.11 Subdivision 1.Definitions.For purposes of sections 299A.78 to 299A.795, the following
12+1.12definitions apply:​
13+1.13 (a) "Commissioner" means the commissioner of the Department of Public Safety.​
14+1.14 (b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
15+1.15that provide legal, social, or other community services.
16+1.16 (c) "Blackmail" has the meaning given in section 609.281, subdivision 2.​
17+1.17 (d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
18+1.18 (e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281,
19+1.19subdivision 4.​
20+1.20 (f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.​
21+1.21 (g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
22+1.226.​
23+1.23 (h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.​
2424 1​Section 1.​
25-S0133-1 1st EngrossmentSF133 REVISOR KLL​
25+23-00631 as introduced11/29/22 REVISOR KLL/BM
2626 SENATE​
2727 STATE OF MINNESOTA​
2828 S.F. No. 133​NINETY-THIRD SESSION​
29-(SENATE AUTHORS: OUMOU VERBETEN, Mohamed, Gustafson and Pappas)​
29+(SENATE AUTHORS: OUMOU VERBETEN, Mohamed and Gustafson)​
3030 OFFICIAL STATUS​D-PG​DATE​
31-Introduction and first reading​137​01/11/2023​
32-Referred to Judiciary and Public Safety​
33-Author added Pappas​209​01/17/2023​
34-Comm report: To pass as amended​02/20/2023​
35-Second reading​ 2.1 (g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision​
36-2.26.​
37-2.3 (h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.​
38-2.4 (i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision​
39-2.57b.​
40-2.6 (j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking."​
41-2.7 (k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking​
42-2.8victim."​
43-2.9 EFFECTIVE DATE.This section is effective August 1, 2023.​
44-2.10 Sec. 2. Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:​
45-2.11 Subd. 3.Public awareness initiative.The public awareness initiative required in​
46-2.12subdivision 1 must address, at a minimum, the following subjects:​
47-2.13 (1) the risks of becoming a trafficking victim;​
48-2.14 (2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced​
49-2.15labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal​
50-2.16sexual conduct, exposure to sexually transmitted diseases, and psychological harm;​
51-2.17 (3) crime victims' rights; and​
52-2.18 (4) reporting recruitment activities involved in trafficking.​
53-2.19 EFFECTIVE DATE.This section is effective August 1, 2023.​
54-2.20 Sec. 3. Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:​
55-2.21 Subd. 3.Debt bondage."Debt bondage" means the status or condition of a debtor arising​
56-2.22from a pledge by the debtor of the debtor's personal occurs when a person provides labor​
57-2.23or services or those of any kind to pay a real or alleged debt of a the person under the debtor's​
58-2.24control as a security for debt or another, if the value of those the labor or services as​
59-2.25reasonably assessed is not applied toward the liquidation of the debt or the length and nature​
60-2.26of those the labor or services are not respectively limited and defined.​
61-2.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
62-2.28committed on or after that date.​
63-2​Sec. 3.​
64-S0133-1 1st Engrossment​SF133 REVISOR KLL​ 3.1 Sec. 4. Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:​
65-3.2 Subd. 4.Forced or coerced labor or services."Forced or coerced labor or services"​
66-3.3means labor or services of any kind that are performed or provided by another person and​
67-3.4are obtained or maintained through an actor's:​
68-3.5 (1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement​
69-3.6intended to cause a person to believe that, if the person did not perform or provide the labor​
70-3.7or services, that person or another person would suffer bodily harm or physical restraint;​
71-3.8sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,​
72-3.9psychological, demonstrable economic, or demonstrable reputational harm that is sufficiently​
73-3.10serious, under all the surrounding circumstances, to compel a reasonable person of the same​
74-3.11background and in the same circumstances to perform or to continue performing labor or​
75-3.12services in order to avoid incurring that harm;​
76-3.13 (2) physically restraining or threatening to physically restrain sexual contact, as defined​
77-3.14in section 609.341, subdivision 11, paragraph (b), with a person;​
78-3.15 (3) physical restraint of a person;​
79-3.16 (4) infliction of bodily, psychological, demonstrable economic, or demonstrable​
80-3.17reputational harm that is sufficiently serious, under all the surrounding circumstances, to​
81-3.18compel a reasonable person of the same background and in the same circumstances to​
82-3.19perform or to continue performing labor or services in order to avoid incurring that harm;​
83-3.20 (3) (5) abuse or threatened abuse of the legal process, including the use or threatened​
84-3.21use of a law or legal process, whether administrative, civil, or criminal; or​
85-3.22 (4) knowingly destroying, concealing, removing, confiscating, or possessing (6)​
86-3.23destruction, concealment, removal, confiscation, withholding, or possession of any actual​
87-3.24or purported passport or other immigration document, or any other actual or purported​
88-3.25government identification document, of another person; or.​
89-3.26 (5) use of blackmail.​
90-3.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
91-3.28committed on or after that date.​
92-3.29 Sec. 5. Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:​
93-3.30 Subd. 5.Labor trafficking."Labor trafficking" means:​
94-3.31 (1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,​
95-3.32or receipt of a person by any means, for the purpose in furtherance of:​
31+Introduction and first reading​01/11/2023​
32+Referred to Judiciary and Public Safety​ 2.1 (i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision​
33+2.27b.​
34+2.3 (j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking."​
35+2.4 (k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking​
36+2.5victim."​
37+2.6 EFFECTIVE DATE.This section is effective August 1, 2023.​
38+2.7 Sec. 2. Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:​
39+2.8 Subd. 3.Public awareness initiative.The public awareness initiative required in​
40+2.9subdivision 1 must address, at a minimum, the following subjects:​
41+2.10 (1) the risks of becoming a trafficking victim;​
42+2.11 (2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced​
43+2.12labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal​
44+2.13sexual conduct, exposure to sexually transmitted diseases, and psychological harm;​
45+2.14 (3) crime victims' rights; and​
46+2.15 (4) reporting recruitment activities involved in trafficking.​
47+2.16 EFFECTIVE DATE.This section is effective August 1, 2023.​
48+2.17 Sec. 3. Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:​
49+2.18 Subd. 3.Debt bondage."Debt bondage" means the status or condition of a debtor arising​
50+2.19from a pledge by the debtor of the debtor's personal occurs when a person provides labor​
51+2.20or services or those of any kind to pay a real or alleged debt of a the person under the debtor's​
52+2.21control as a security for debt or another, if the value of those the labor or services as​
53+2.22reasonably assessed is not applied toward the liquidation of the debt or the length and nature​
54+2.23of those the labor or services are not respectively limited and defined.​
55+2.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
56+2.25committed on or after that date.​
57+2.26 Sec. 4. Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:​
58+2.27 Subd. 4.Forced or coerced labor or services."Forced or coerced labor or services"​
59+2.28means labor or services of any kind that are performed or provided by another person and​
60+2.29are obtained or maintained through an actor's:​
61+2​Sec. 4.​
62+23-00631 as introduced​11/29/22 REVISOR KLL/BM​ 3.1 (1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement​
63+3.2intended to cause a person to believe that, if the person did not perform or provide the labor​
64+3.3or services, that person or another person would suffer bodily harm or physical restraint;​
65+3.4sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,​
66+3.5psychological, economic, or reputational harm;​
67+3.6 (2) physically restraining or threatening to physically restrain sexual contact, as defined​
68+3.7in section 609.341, subdivision 11, paragraph (b), with a person;​
69+3.8 (3) physical restraint of a person;​
70+3.9 (4) infliction of bodily, psychological, economic, or reputational harm;​
71+3.10 (3) (5) abuse or threatened abuse of the legal process, including the use or threatened​
72+3.11use of a law or legal process, whether administrative, civil, or criminal; or​
73+3.12 (4) knowingly destroying, concealing, removing, confiscating, or possessing (6)​
74+3.13destruction, concealment, removal, confiscation, withholding, or possession of any actual​
75+3.14or purported passport or other immigration document, or any other actual or purported​
76+3.15government identification document, of another person; or.​
77+3.16 (5) use of blackmail.​
78+3.17 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
79+3.18committed on or after that date.​
80+3.19 Sec. 5. Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:​
81+3.20 Subd. 5.Labor trafficking."Labor trafficking" means:​
82+3.21 (1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,​
83+3.22or receipt of a person by any means, for the purpose in furtherance of:​
84+3.23 (i) debt bondage or;​
85+3.24 (ii) forced or coerced labor or services;​
86+3.25 (ii) (iii) slavery or practices similar to slavery; or​
87+3.26 (iii) (iv) the removal of organs through the use of coercion or intimidation; or​
88+3.27 (2) receiving profit or anything of value, knowing or having reason to know it is derived​
89+3.28from an act described in clause (1).​
90+3.29 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
91+3.30committed on or after that date.​
9692 3​Sec. 5.​
97-S0133-1 1st Engrossment​SF133 REVISOR KLL​ 4.1 (i) debt bondage or;​
98-4.2 (ii) forced or coerced labor or services;​
99-4.3 (ii) (iii) slavery or practices similar to slavery; or​
100-4.4 (iii) (iv) the removal of organs through the use of coercion or intimidation; or​
101-4.5 (2) receiving profit or anything of value, knowing or having reason to know it is derived​
102-4.6from an act described in clause (1).​
103-4.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
104-4.8committed on or after that date.​
105-4.9 Sec. 6. Minnesota Statutes 2022, section 609.281, is amended by adding a subdivision to​
106-4.10read:​
107-4.11 Subd. 7.Psychological harm."Psychological harm" means harm that causes mental​
108-4.12distress, mental suffering, or mental anguish as demonstrated by a victim's response to an​
109-4.13act, including but not limited to seeking psychotherapy as defined in section 604.20, losing​
110-4.14sleep or appetite, being diagnosed with a mental health condition, experiencing suicidal​
111-4.15ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.​
112-4.16 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
113-4.17committed on or after that date.​
114-4.18 Sec. 7. Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:​
115-4.19 Subdivision 1.Individuals under age 18 Labor trafficking resulting in death.Whoever​
116-4.20knowingly engages in the labor trafficking of an individual who is under the age of 18 is​
117-4.21guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or​
118-4.22to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies​
119-4.23and the death was proximately caused by the labor trafficking conduct of the offender and​
120-4.24murder in the first or second degree was not committed thereby.​
121-4.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
122-4.26committed on or after that date.​
123-4.27 Sec. 8. Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to​
124-4.28read:​
125-4.29 Subd. 1a.Individuals under age 18; extended period of time; great bodily​
126-4.30harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a​
93+23-00631 as introduced​11/29/22 REVISOR KLL/BM​ 4.1 Sec. 6. Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:​
94+4.2 Subdivision 1.Individuals under age 18 Labor trafficking resulting in death.Whoever​
95+4.3knowingly engages in the labor trafficking of an individual who is under the age of 18 is​
96+4.4guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or​
97+4.5to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies​
98+4.6and the death arose out of and in the course of the labor trafficking or the labor and services​
99+4.7related to the labor trafficking.​
100+4.8 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
101+4.9committed on or after that date.​
102+4.10 Sec. 7. Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to​
103+4.11read:​
104+4.12 Subd. 1a.Individuals under age 18; extended period of time; great bodily​
105+4.13harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a​
106+4.14crime and may be sentenced to imprisonment for not more than 20 years or to a payment​
107+4.15of a fine of not more than $40,000, or both if any of the following circumstances exist:​
108+4.16 (1) the labor trafficking victim is under the age of 18;​
109+4.17 (2) the labor trafficking occurs over an extended period of time; or​
110+4.18 (3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose​
111+4.19out of and in the course of the labor trafficking or the labor and services related to the labor​
112+4.20trafficking.​
113+4.21 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
114+4.22committed on or after that date.​
115+4.23 Sec. 8. REPEALER.​
116+4.24 Minnesota Statutes 2022, section 609.281, subdivision 2, is repealed.​
117+4.25 EFFECTIVE DATE.This section is effective August 1, 2023.​
127118 4​Sec. 8.​
128-S0133-1 1st Engrossment​SF133 REVISOR KLL​ 5.1crime and may be sentenced to imprisonment for not more than 20 years or to a payment​
129-5.2of a fine of not more than $40,000, or both if any of the following circumstances exist:​
130-5.3 (1) the labor trafficking victim is under the age of 18;​
131-5.4 (2) the labor trafficking occurs over an extended period of time; or​
132-5.5 (3) the labor trafficking victim suffers great bodily harm and the harm was proximately​
133-5.6caused by the labor trafficking conduct of the offender.​
134-5.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
135-5.8committed on or after that date.​
136-5.9 Sec. 9. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to​
137-5.10read:​
138-5.11 Subd. 15.Debt bondage."Debt bondage" has the meaning given in section 609.281,​
139-5.12subdivision 3.​
140-5.13 EFFECTIVE DATE.This section is effective August 1, 2023.​
141-5.14 Sec. 10. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision​
142-5.15to read:​
143-5.16 Subd. 16.Forced or coerced labor or services."Forced or coerced labor or services"​
144-5.17has the meaning given in section 609.281, subdivision 4.​
145-5.18 EFFECTIVE DATE.This section is effective August 1, 2023.​
146-5.19 Sec. 11. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision​
147-5.20to read:​
148-5.21 Subd. 17.Labor trafficking victim."Labor trafficking victim" has the meaning given​
149-5.22in section 609.281, subdivision 6.​
150-5.23 EFFECTIVE DATE.This section is effective August 1, 2023.​
151-5.24 Sec. 12. Minnesota Statutes 2022, section 609.322, subdivision 1, is amended to read:​
152-5.25 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking​
153-5.26in the first degree.(a) Whoever, while acting other than as a prostitute or patron,​
154-5.27intentionally does any of the following may be sentenced to imprisonment for not more​
155-5.28than 25 years or to payment of a fine of not more than $50,000, or both:​
156-5.29 (1) solicits or induces an individual under the age of 18 years to practice prostitution;​
157-5​Sec. 12.​
158-S0133-1 1st Engrossment​SF133 REVISOR KLL​ 6.1 (2) promotes the prostitution of an individual under the age of 18 years;​
159-6.2 (3) receives profit, knowing or having reason to know that it is derived from the​
160-6.3prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;​
161-6.4or​
162-6.5 (4) engages in the sex trafficking of an individual under the age of 18 years.​
163-6.6 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment​
164-6.7for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one​
165-6.8or more of the following aggravating factors are present:​
166-6.9 (1) the offender has committed a prior qualified human trafficking-related offense;​
167-6.10 (2) the offense involved a sex trafficking victim who suffered bodily harm during the​
168-6.11commission of the offense;​
169-6.12 (3) the time period that a sex trafficking victim was held in debt bondage or forced or​
170-6.13coerced labor or services exceeded 180 days; or​
171-6.14 (4) the offense involved more than one sex trafficking victim.​
172-6.15 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes​
173-6.16committed on or after that date.​
174-6.17 Sec. 13. Minnesota Statutes 2022, section 609.325, subdivision 4, is amended to read:​
175-6.18 Subd. 4.Affirmative defense.It is an affirmative defense to a charge under section​
176-6.19609.324, subdivision 6 or 7, if the defendant proves by a preponderance of the evidence​
177-6.20that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex​
178-6.21trafficking victim, as defined in section 609.321, and that the defendant committed the acts​
179-6.22underlying the charge as a result of being a labor trafficking or sex trafficking victim.​
180-6.23 Sec. 14. SEVERITY LEVEL RANKING REVIEW.​
181-6.24 The Sentencing Guidelines Commission shall consider assigning an offense severity​
182-6.25level to labor trafficking under Minnesota Statutes, section 609.282, subdivision 2, and the​
183-6.26enhanced penalty provisions in sections 6 and 7.​
184-6.27 Sec. 15. REPEALER.​
185-6.28 Minnesota Statutes 2022, section 609.281, subdivision 2, is repealed.​
186-6.29 EFFECTIVE DATE.This section is effective August 1, 2023.​
187-6​Sec. 15.​
188-S0133-1 1st Engrossment​SF133 REVISOR KLL​ 609.281 DEFINITIONS.​
119+23-00631 as introduced​11/29/22 REVISOR KLL/BM​ 609.281 DEFINITIONS.​
189120 Subd. 2.Blackmail."Blackmail" means a threat to expose any fact or alleged fact tending to​
190121 cause shame or to subject any person to hatred, contempt, or ridicule.​
191122 1R​
192123 APPENDIX​
193-Repealed Minnesota Statutes: S0133-1
124+Repealed Minnesota Statutes: 23-00631