SENATE BILL 778

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE KNOWN AS HUMAN TRAFFICKING; PROVIDING PENALTIES; ESTABLISHING A TASK FORCE TO COMBAT HUMAN TRAFFICKING; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Criminal Code is enacted to read:

      "[NEW MATERIAL] 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 labor, services or commercial sexual activity; or

                (3) benefiting, financially or by receiving anything of value, from an act enumerated in Paragraph (1) or (2) of this subsection and with the knowledge that the act has been committed.

          B. Whoever commits human trafficking that does not result in injury to another person 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.

          C. Whoever commits human trafficking that results in injury to another person is guilty of a second degree felony; except if the victim is under the age of sixteen, the person is guilty of a first degree felony.

          D. Whoever commits human trafficking that results in great bodily harm to another person or another person's death is guilty of a first degree felony.

          E. Whoever commits human trafficking that results in the death of a child under the age of twelve is guilty of a first degree felony resulting in the death of a child.               F. A court shall enhance a person's sentence by two years for a conviction of human trafficking if ten or more victims were involved in the commission of the crime.

          G. 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.

          H. 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 possessing 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 2. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] FORFEITURE OF PROPERTY--HUMAN    TRAFFICKING.--

          A. The following are subject to forfeiture:

                (1) motor vehicles or aircraft that are used or intended for use in the commission of the offense of human trafficking; and

                (2) money, negotiable instruments or proceeds that are the fruit or instrumentalities of the crime.

          B. The provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of property subject to forfeiture pursuant to Subsection A of this section."

     Section 3. TEMPORARY PROVISION--TASK FORCE TO COMBAT HUMAN TRAFFICKING ESTABLISHED--MEMBERSHIP--DUTIES.--

          A. The "task force to combat human trafficking" is created. The task force shall consist of the following members:

                (1) the attorney general or the attorney general's designee;

                (2) a representative from the New Mexico coalition of sexual assault programs, incorporated;

                (3) the secretary of children, youth and families or the secretary's designee;

                (4) the secretary of public safety or the secretary's designee;  

                (5) the chief public defender or the chief's designee;

                (6) a representative from the New Mexico district attorneys association;

                (7) the United States attorney for the district of New Mexico or the attorney's designee;

                (8) a representative from the United States border patrol;

                (9) a representative from the United States immigration and customs enforcement;

                (10) representatives of local law enforcement and state police from critical geographic areas of New Mexico affected by immigrant issues and human trafficking problems; and

                (11) representatives from organizations that provide services to victims of human trafficking, including immigrants and immigrant victims of sexual assault and domestic violence.

          B. The task force shall:

                (1) collect and organize data on the nature and extent of human trafficking in New Mexico;

                (2) monitor and evaluate the implementation of this 2007 act, including the progress of federal, state and local law enforcement agencies in preventing human trafficking, protecting and providing assistance to victims of human trafficking and prosecuting human trafficking offenders;

                (3) develop and conduct training for law enforcement personnel and victims services providers to identify victims of human trafficking;

                (4) examine the training protocols developed by federal, state and local law enforcement agencies related to dealing with human trafficking victims and offenders;

                (5) assist in the coordination among federal, state and local government agencies in implementation of this 2007 act;

                (6) implement a media awareness campaign in communities affected by human trafficking;

                (7) develop recommendations on how to strengthen state and local efforts to prevent human trafficking, protect and assist human trafficking victims and prosecute human trafficking offenders; and

                (8) submit an annual report of its activities, findings and recommendations, including any proposed legislation, in December of each year to the governor and the legislature.

          C. The chair of the task force shall be elected by the task force, and the task force shall meet at the call of the chair.

          D. The public members of the task force are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other perquisite, compensation or allowance.

          E. The attorney general and the New Mexico coalition of sexual assault programs, incorporated, shall provide the staff for the task force.

          F. The task force to combat human trafficking is terminated on July 1, 2010."

     Section 4. APPROPRIATION.--Eighty-two thousand dollars ($82,000) is appropriated from the general fund to the office of the attorney general for expenditure in fiscal year 2008 for per diem and mileage, training for law enforcement personnel and victims services providers, a media awareness campaign and other expenditures for the task force to combat human trafficking pursuant to Section 3 of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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