HB133 Alabama 2014 Session

Summary

Primary Sponsor

Kurt Wallace

Republican

Session

Regular Session 2014

Title

Human trafficking, Uniform Act on Prevention of and Remedies for Human Trafficking, adoption, Secs. 13A-6-150 to 13A-6-160, inclusive, 13A-6-170 repealed

Description

Existing law provides for the crimes of human trafficking in the first degree and human trafficking in the second degree. Existing law also makes it a crime to obstruct or attempt to interfere or prevent enforcement of Alabama's human trafficking law. Existing law entitles a victim of human trafficking to mandatory restitution and allows the victim to initiate a civil lawsuit to recover damages.

This bill would repeal the existing law related to human trafficking and adopt the Uniform Act on Prevention of and Remedies for Human Trafficking in Alabama.

This bill would provide for the crime of trafficking an individual, the crime of forced labor, the crime of patronizing a victim of sexual servitude, and the crime of patronizing a minor for commercial sexual activity. This bill would provide that a person that is a business entity could be prosecuted for certain offenses related to human trafficking.

This bill would require a person convicted of an offense under the uniform act to pay restitution to the victim. This bill would also authorize forfeiture of certain real and personal property used or intended for use in committing or facilitating an offense under the uniform act.

This bill would provide that a prosecution for a crime under the uniform act must commence within 20 years of commission of the offense.

This bill would limit the admissibility of evidence regarding the past sexual behavior of the victim.

This bill would authorize the victim to bring a civil action against the perpetrator.

This bill would create a Council on Human Trafficking and provide for the membership and duties of the council.

This bill would require the state Department of Transportation to display human trafficking public awareness signs at certain locations throughout the state. This bill would also require certain employers to display human trafficking awareness signs and would allow the Department of Labor to impose a penalty on employers that do not display the sign.

This bill would authorize victims of an offense under the uniform act to be eligible for compensation from the Alabama Crime Victims Compensation Fund.

This bill would allow certain victims to apply for an immigration visa.

This bill would also provide that the uniform act would be constructed in para materia with existing state law.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses