HOUSE BILL 304
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Gail Chasey
AN ACT
RELATING TO HUMAN TRAFFICKING; PROVIDING FOR CIVIL REMEDIES; PROVIDING FOR CERTAIN STATE BENEFITS AND SERVICES FOR HUMAN TRAFFICKING VICTIMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] HUMAN TRAFFICKING--CIVIL REMEDY FOR HUMAN TRAFFICKING VICTIMS.--
A. A human trafficking victim may bring a civil action in any court of competent jurisdiction for actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief. Where the court finds that a defendant's actions were willful and malicious, the court may award treble damages to the plaintiff. A prevailing plaintiff is also entitled to recover reasonable attorney fees and costs.
B. A civil action pursuant to this section shall be forever barred unless the action is filed within ten years from the date on which:
(1) the defendant's human trafficking actions occurred; or
(2) the victim attains eighteen years of age if the victim was a minor when the defendant's actions occurred.
SECTION 2. Section 30-52-1 NMSA 1978 (being Laws 2008, Chapter 17, Section 1) is amended to read:
"30-52-1. HUMAN TRAFFICKING.--
A. Human trafficking consists of a person knowingly:
(1) recruiting, soliciting, enticing, transporting or obtaining by any means another person with the intent or knowledge that force, fraud or coercion will be used to subject the person to labor, services or commercial sexual activity;
(2) recruiting, soliciting, enticing, transporting or obtaining by any means a person under the age of eighteen years with the intent or knowledge that the person will be caused to engage in commercial sexual activity; or
(3) benefiting, financially or by receiving anything of value, from the labor, services or commercial sexual activity of another person with the knowledge that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity.
B. The attorney general and the district attorney in the county of jurisdiction have concurrent jurisdiction to enforce the provisions of this section.
C. Whoever commits human trafficking is guilty of a third degree felony; except if the victim is under the age of:
(1) sixteen, the person is guilty of a second degree felony; or
(2) thirteen, the person is guilty of a first degree felony.
D. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of the law when the conduct also constitutes a violation of that other provision.
E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking; nor shall the victim be charged with crimes committed due to coercion by a person committing human trafficking.
F. A person convicted of human trafficking shall, in addition to any other punishment, be ordered to make restitution to the victim for the gross income or value of the victim's labor or services and any other actual damages in accordance with Section 31-17-1 NMSA 1978.
G. As used in this section:
(1) "coercion" means:
(a) causing or threatening to cause harm to any person;
(b) using or threatening to use physical force against any person;
(c) abusing or threatening to abuse the law or legal process;
(d) threatening to report the immigration status of any person to governmental authorities; or
(e) knowingly destroying, concealing, removing, confiscating or retaining any actual or purported government document of any person; and
(2) "commercial sexual activity" means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by any person."
SECTION 3. Section 30-52-2 NMSA 1978 (being Laws 2008, Chapter 17, Section 2) is amended to read:
"30-52-2. HUMAN TRAFFICKING--BENEFITS AND SERVICES FOR HUMAN TRAFFICKING VICTIMS.--
A. Human trafficking victims found in the state shall be eligible for benefits and services from the state until the victim qualifies for benefits and services authorized by the federal Victims of Trafficking and Violence Protection Act of 2000; provided that the victim cooperates in the investigation or prosecution of the person charged with the crime of human trafficking. Benefits and services shall be provided to eligible human trafficking victims as quickly as can reasonably be arranged regardless of immigration status and [may] shall include, when appropriate to a particular case:
(1) case management;
(2) emergency temporary housing;
(3) health care;
(4) mental health counseling;
(5) drug addiction screening and treatment;
(6) language interpretation, translation
services and English language instruction;
(7) job training, job placement assistance and post-employment services for job retention;
(8) child care;
(9) legal assistance;
(10) state-funded cash assistance;
(11) food assistance;
[(8)] (12) services to assist the victim and the victim's family members; [or] and
[(9)] (13) other general assistance services and benefits as determined by the children, youth and families department or the human services department.
B. A human trafficking victim advocate or a victim advocate from the district attorney's office shall be provided immediately upon identification of a human trafficking victim.
C. A victim's ability to cooperate shall be determined by the court if that issue is raised by a human trafficking victim advocate or a victim advocate from the district attorney's office.
D. The attorney general shall coordinate state and local law enforcement agencies to provide a human trafficking victim or the victim's family members protection from retaliatory action immediately upon identifying the presence in the state of a victim who offers state or local law enforcement agencies information regarding a perpetrator of human trafficking.
E. The prosecuting authority shall take all reasonable steps within its authority to provide a human trafficking victim with:
(1) all necessary documentation required pursuant to federal law for an adjustment of immigration status that applies to that victim; and
(2) assistance in accessing civil legal services providers who are able to petition for adjustment of immigration status on behalf of the victim.
[B.] F. As used in this section:
(1) "human trafficking victim" means a person subjected to human trafficking [by a person charged in New Mexico with the crime of human trafficking]; and
(2) "human trafficking victim advocate" means a person provided by a state or nonprofit agency with experience in providing services for victims of crime through a nonprofit agency with expertise in providing services for victims of crime."
SECTION 4. Section 31-22-8 NMSA 1978 (being Laws 1981, Chapter 325, Section 8, as amended) is amended to read:
"31-22-8. CRIMES ENUMERATED.--
A. The crimes to which the Crime Victims Reparation Act applies and for which reparation to victims may be made are the following enumerated offenses and all other offenses in which any enumerated offense is necessarily included:
(1) arson resulting in bodily injury;
(2) aggravated arson;
(3) aggravated assault or aggravated battery;
(4) dangerous use of explosives;
(5) negligent use of a deadly weapon;
(6) murder;
(7) voluntary manslaughter;
(8) involuntary manslaughter;
(9) kidnapping;
(10) criminal sexual penetration;
(11) criminal sexual contact of a minor;
(12) homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
(13) abandonment or abuse of a child;
(14) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978; [and]
(15) aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978; and
(16) human trafficking.
B. No award shall be made for any loss or damage to property."
SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
- 8 -