SENATE BILL 496

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE KNOWN AS INVOLUNTARY SERVITUDE; REQUIRING ACCESS TO CERTAIN STATE BENEFITS AND SERVICES FOR INVOLUNTARY SERVITUDE VICTIMS; PROVIDING CIVIL REMEDIES; PROVIDING PENALTIES; MAKING APPROPRIATIONS.

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] INVOLUNTARY SERVITUDE.--

          A. Involuntary servitude consists of a person knowingly subjecting another person to forced labor or services.

          B. Whoever commits involuntary servitude is guilty of a second degree felony.

          C. In a prosecution pursuant to this section, an involuntary servitude victim shall not be charged with accessory to the crime of involuntary servitude.

          D. A person convicted of involuntary servitude 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.

          E. As used in this section, "forced labor or services" means labor or services that are obtained from a person by another person who, for the purpose of exacting labor or services:

                (1) causes or threatens to cause severe nonphysical harm to any person;

                (2) uses or threatens to use physical force or restraint against any person;

                (3) abuses or threatens to abuse the law or legal process, including threatening to report the immigration status of any person to governmental authorities; or

                (4) knowingly destroys, conceals, removes, confiscates or possesses any actual or purported government document of any person."

     Section 2. [NEW MATERIAL] INVOLUNTARY SERVITUDE--BENEFITS AND SERVICES FOR INVOLUNTARY SERVITUDE VICTIMS.--

          A. Involuntary servitude victims found in the state shall have access to the following benefits and services from the state regardless of immigration status and the victim's willingness to cooperate with law enforcement agencies:

                (1) case management services;

                (2) general assistance;

                (3) emergency temporary housing;

                (4) child care;

                (5) health care;

                (6) mental health counseling;

                (7) drug addiction screening and treatment;

                (8) language interpretation, translation services and English language instruction;

                (9) job training, job placement assistance and post-employment services for job retention;

                (10) services to assist the victim and the victim's family members; and

                (11) other assistance, benefits and services as determined by the children, youth and families department or the human services department.

          B. Within ninety-six hours of identifying the presence of an involuntary servitude victim in New Mexico, a state or local law enforcement official shall review and evaluate the victim's case and any reports of the crime and issue a letter to the appropriate agencies certifying the victim's eligibility for benefits and services pursuant to this section.

          C. As used in this section, "involuntary servitude victim" means a person:

                (1) subjected to involuntary servitude in New Mexico as certified by a state or local official regardless of whether the perpetrator of involuntary servitude is charged with the crime of involuntary servitude; or

                (2) certified as a victim of severe forms of trafficking in person pursuant to the federal Trafficking Victims Protection Act of 2000.

     Section 3. [NEW MATERIAL] INVOLUNTARY SERVITUDE--CIVIL REMEDY FOR INVOLUNTARY SERVITUDE VICTIMS.--

          A. An involuntary servitude 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 the involuntary servitude victim:

                (1) was freed from forced labor or services; or

                (2) attains eighteen years of age if the victim was a minor when the defendant's actions occurred.

     Section 4. APPROPRIATIONS.--

          A. Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the following agencies for expenditure in fiscal year 2009 to provide benefits and services for involuntary servitude victims in accordance with Section 2 of this act:

                (1) one hundred fifty thousand dollars ($150,000) to the children, youth and families department; and

                (2) one hundred thousand dollars ($100,000) to the human services department.

          B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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