HB432 Alabama 2010 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Co-Sponsors

Dickie DrakeGerald H. AllenJoe HubbardJoe FaustJamie IsonJim McClendonSteve ClouseBarry MaskPhil WilliamsBlaine GalliherJack WilliamsMike BallEarl F. HilliardChris EnglandMerika ColemanPatricia ToddCam WardH. Mac GipsonMike HillGregory CanfieldPat MooreJay LoveMary Sue McClurkin

Session

Regular Session 2010

Title

Human trafficking, coercion or deception causing a person to work or to perform services having financial value or to perform certain sexual activities, prohibited, criminal penalties, Representatives Jack Williams and Merika Coleman Act (2010-20826)

Summary

HB432 makes human trafficking illegal in Alabama, defines coercion and deception used to force labor or sexual servitude, and establishes penalties, restitution, and civil remedies for victims.

What This Bill Does

It defines coercion, deception, labor servitude, and sexual servitude related to trafficking. It creates first-degree trafficking crimes with severe penalties (Class A felony) and second-degree trafficking crimes (Class B felony), with corporate liability if a company's agent commits the crime within the scope of employment. It requires offenders to pay restitution and allows forfeiture of profits and assets linked to trafficking, with funds supporting victims and enforcement. It also lets victims sue for damages in civil court, provides an affirmative defense for trafficking victims charged with prostitution, and sets limits and tolling rules for lawsuits and prosecutions.

Who It Affects

• Trafficking victims (including minors) would gain restitution, medical and psychological costs coverage, housing and transportation support, and the ability to file civil lawsuits for damages, while also receiving protections from certain defenses.
• Defendants (individuals and corporations) would face new criminal charges for trafficking, potential asset forfeiture, mandatory restitution, and civil liability; corporations could be held liable if an agent acted within the scope of employment.

Key Provisions

• Defines coercion, deception, labor servitude, sexual servitude, and trafficking victims and clarifies what constitutes trafficking.
• First-degree trafficking: criminalized when coercion or deception causes labor or sexual servitude; includes minors; corporate liability if an agent within employment scope commits the act; penalties are Class A felony; obstruction of enforcement is a Class C felony.
• Second-degree trafficking: criminalized for benefiting from trafficking or recruiting, transporting, or maintaining a person for labor or sexual servitude; corporate liability for agent actions within employment scope; penalties are Class B felony; obstruction is a Class A misdemeanor.
• Evidence rules: certain information about a victim (such as sexual history or consent) cannot be used as a defense or to preclude a finding of trafficking.
• Restitution and costs: offenders must pay restitution to victims and law enforcement; includes medical/psychological treatment, transportation, housing, child care, and court costs; may use the greater of the victim’s labor value or the value to the defendant and other listed factors.
• Forfeiture: profits, proceeds, and certain assets tied to trafficking can be forfeited to the State; proceeds first go to restitution, then to damages and investigation costs, with remaining funds funding the Victims Compensation Fund.
• Civil action: victims can sue in state court for actual, compensatory, and punitive damages, injunctive relief, and attorneys’ fees; treble damages available for willful and malicious acts.
• Statutes of limitations and tolling: specific time limits apply for prosecution; tolling and discovery rules apply in cases involving trafficking, especially for minors and for continuing series of acts; limitations can be paused due to trauma or other trafficking-related circumstances.
• Affirmative defense: trafficking victims may use the fact of their trafficking when defending against prostitution or sexually explicit performances charged for acts committed under trafficking conditions.
• Prosecution authority: district attorneys and the Attorney General share concurrent authority to prosecute trafficking cases, with each violation treated as a separate offense.
• Amendment 621 exemption: the bill is exempt from local expenditure restrictions because it creates or amends a crime.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses