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AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE

KNOWN AS HUMAN TRAFFICKING; PROVIDING PENALTIES; ESTABLISHING

THE TASK FORCE TO COMBAT HUMAN TRAFFICKING.

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:

"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,

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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.

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:

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(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 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

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regardless of immigration status and may include:

(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) services to assist the victim and the

victim's family members; or

(9) other general assistance services and

benefits as determined by the children, youth and families

department.

B. As used in this section, "human trafficking

victim" means a person subjected to human trafficking by a

person charged in New Mexico with the crime of human

trafficking.

Section 3. TEMPORARY PROVISION--TASK FORCE TO COMBAT

HUMAN TRAFFICKING--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

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general's designee;

(2) the secretary of health or the

secretary's designee;

(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

public defender's designee;

(6) a representative from the New Mexico

district attorneys association;

(7) representatives of local law enforcement

and state police from critical geographic areas of New Mexico

affected by immigrant issues and human trafficking problems;

and

(8) 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) collaborate with the United States

attorney for the district of New Mexico, the United States

border patrol and the United States immigration and customs

enforcement to carry out the duties of the task force;

(2) collect and organize data on the nature

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and extent of human trafficking in New Mexico;

(3) monitor and evaluate the implementation

of this 2008 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;

(4) develop and conduct training for law

enforcement personnel and victims services providers to

identify victims of human trafficking;

(5) examine the training protocols developed

by federal, state and local law enforcement agencies related

to dealing with human trafficking victims and offenders;

(6) assist in coordinating federal, state

and local government agencies in the implementation of this

2008 act;

(7) implement a media awareness campaign in

communities affected by human trafficking;

(8) 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

(9) submit an annual report of its

activities, findings and recommendations, including any

proposed legislation, in December of each year to the

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governor and the legislature.

C. The chair of the task force shall be the

attorney general or the attorney general's designee, 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 shall provide the staff

for the task force.

F. The task force to combat human trafficking is

terminated on July 1, 2016.

Section 4. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.