Delaware General Assembly

Signed 6/30/14

The General Assembly has ended, the current status is the final status.

4/10/14

Blevins

Rep. Keeley

Sen. Bushweller, Hall-Long, Henry, Hocker, Lopez, Peterson, Poore, Sokola, Venables, Ennis, Townsend, McDowell, F Simpson
Reps. Barbieri, Baumbach, Brady, Briggs King, Heffernan, Jaques, J. Johnson, Kowalko, Mitchell, Mulrooney, Osienski, Ramone, Scott, D. Short, M. Smith

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING OF INDIVIDUALS, FORCED LABOR AND SEXUAL SERVITUDE.

Human trafficking is a global concern that affects the United States on federal, state, and local levels, and victimizes more than 27 million people worldwide.  By 2012, human trafficking had become the second fastest growing criminal activity in the United States, following drug trafficking. The Uniform Law Commission, in response to a July 2010 proposal from the American Bar Association (ABA) Center for Human Rights, began its work directed against human trafficking.  The Uniform Act on Prevention of and Remedies for Human Trafficking (UAPRHT) received final approval at the ULC’s Annual Meeting in July 2013 and at the ABA’s House of Delegates in August 2013. This act, like the UAPRHT, presents the three-pronged approach that law enforcement and victims’ advocates consider essential.    Under the first prong, the act seeks to prevent and to penalize the criminal conduct—trafficking, forced labor, and sexual servitude—at the core of human trafficking. The act recognizes the forms of coercion that human traffickers use, including threats, force, debt bondage, abuse of the legal process, and use of a victim’s disability/mental impairment. The bill also offers a comprehensive definition tied to the act’s provisions on forced labor and sexual servitude. Sexual servitude gives rise to an enhanced penalty when a minor is made available or maintained for the purposes of commercial sexual activity. Also included is the requirement for persons convicted to pay restitution to the victim, while the Court shall order forfeiture of real or personal property used in or derived from human trafficking activities.   Under its second prong, the act provides essential protections for human trafficking victims. Consistent with Delaware’s rape shield law, the act prohibits evidence of the alleged victim’s past sexual behavior. The bill also outlines special provisions for minors, including a diversion alternative for minors who are human trafficking victims and commit prostitution or nonviolent offenses directly resulting from being a victim, and classifies such minors as neglected or abused children under the Delaware Code. Further, all victims may seek applications for pardon and may move to vacate a conviction of and expunge charges for prostitution or other non-violent offenses that directly resulted from being a human-trafficking victim. Victims are also allowed to bring civil action against their traffickers under this bill.   Under its third prong, the act promotes partnerships in the fight against human trafficking, elevates public awareness, and fosters development of coordinated victim services. A permanent human-trafficking council is created to develop a systematic plan to assist victims, collect human trafficking data, and promote awareness. Public awareness signs and the national human trafficking hotline number are to be posted in locations where victims of human-trafficking are often found. The act ensures that human-trafficking victims have access to benefits and services. The act states that law enforcement officers shall provide visa information to persons reasonably believed to be human-trafficking victims. Finally, the act amends other related statutes as necessary to accomplish the purposes of the act.

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Takes effect upon being signed into law

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