2014 -- S 2602

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LC004477

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES - TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

     

     Introduced By: Senators Lynch, Goldin, and Gallo

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-67-3 and 11-67-5 of the General Laws in Chapter 11-67

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entitled "Trafficking of Persons and Involuntary Servitude" are hereby amended to read as

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follows:

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     11-67-3. Trafficking of persons for forced labor or commercial sexual activity. --

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Whoever knowingly:

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      (a) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts

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to recruit, entice, harbor, transport provide, or obtain by any means, another person, intending or

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knowing that the person will be subjected to forced labor in order to commit or a commercial

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sexual activity; or

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      (b) Benefits, financially or by receiving anything of value, from knowing participation in

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a venture which has engaged in an act described in violation of section 11-67-2, or 11-67-3, is

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guilty of a felony and subject to not more than twenty (20) years imprisonment or a fine of not

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more than twenty thousand dollars ($20,000), or both; provided, however, that this subsection

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shall not apply to a "victim" as defined in this chapter.

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     11-67-5. Forfeitures. -- (a) A person who is found in a criminal proceeding to be in

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violation of section 11-67-2 or 11-67-3 shall forfeit to the state of Rhode Island any profits or

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proceeds and any interest or property he or she has acquired or maintained in violation of this act,

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that the sentencing court determines, after a forfeiture hearing, to have been acquired or

 

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maintained as a result of maintaining a person in involuntary servitude or participating in

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trafficking in persons for forced labor in order to commit a criminal sexual activity.

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      (b) The court shall upon petition by the attorney general at any time following

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sentencing, conduct a hearing to determine whether any property or property interest is subject to

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forfeiture under this section. At the forfeiture hearing the state shall have the burden of

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establishing by a preponderance of the evidence that property or property interests are subject to

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forfeiture under this section.

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      (c) In any action brought by the state of Rhode Island under this section, wherein any

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restraining order, injunction, or prohibition or any other action in connection with any property or

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interest subject to forfeiture under this section is sought, the court shall first determine whether

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there is probable cause to believe that the person or persons so charged have committed the

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offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for

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forced labor or commercial sexual activity and whether the property or property interest is subject

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to forfeiture pursuant to this section.

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      (d) All monies forfeited and the sale proceeds of all other property forfeited and seized

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under this section shall be deposited in the general fund. Any proceeds derived directly from a

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violation of this chapter are subject to seizure and forfeiture and further proceedings shall be had

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for their forfeiture as is prescribed by law in chapter 21 of title 12.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

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     This act would clarify the criminal offense of human trafficking. This act would also

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revise the procedures governing forfeitures of proceeds seized from human trafficking.

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     This act would take effect upon passage.

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