HB305 Alabama 2018 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2018

Title

Human trafficking, further provided, prostitution with a minor, certain defenses prohibited, licensing by Massage Therapy Bd. further provided for, Secs. 13A-6-157.1, 13A-6-161, 13A-6-162, 13A-12-121.1, 13A-12-124, 13A-12-125 added; Secs. 13A-6-151, 13A-6-152, 13A-6-157, 13A-6-158, 13A-12-122, 15-27-1, 15-27-2, 34-43-12 to 34-43-15, inclusive, am'd.

Summary

HB 305 tightens Alabama’s laws against human trafficking and prostitution with minors, adds enforcement and penalties, limits where offenses can be prosecuted, and strengthens massage therapy regulation to combat trafficking.

What This Bill Does

It updates definitions and creates a first-degree trafficking offense with severer penalties, and allows victims to seek civil damages and other relief; the Attorney General can also sue to enforce the laws. It adds a new crime of prostitution with a minor, removes the mistake-of-age defense for certain offenses, and expands penalties and funding for victim compensation. It authorizes subpoenas, sets civil penalties for violations, and requires background checks and stricter discipline for massage therapists and establishments. It also expands expungement options for trafficking victims and moves certain offenses to circuit or district court only, with some provisions restricting municipal court prosecutions.

Who It Affects

• Victims of human trafficking and minors (gains expanded civil remedies, potential expungement opportunities, and protection under new offenses and limitations) while traffickers face stricter criminal penalties.
• Massage therapy professionals and establishments (subject to background checks, license discipline, overnight-stay prohibitions, reporting requirements, and new fees) and the Massage Therapy Board implementing these rules.

Key Provisions

• Amends 13A-6-151, 13A-6-152, and 13A-6-157 to define coercion, deception, labor servitude, mental suffering, minor, and sexual servitude more clearly; establishes first-degree trafficking as a Class A felony and allows corporate liability.
• Adds 13A-6-157.1 allowing the Attorney General to sue to restrain unlawful trafficking practices and to recover damages for victims; tolling and venue rules favor AG enforcement; 13A-6-158 tolling and limitations changes for civil actions.
• Adds 13A-6-161 and 13A-6-162 giving the AG subpoena power, creating civil penalties up to $50,000 per violation, and allowing penalties up to $75,000 for injunction violations; funds go to the AG’s Special Revenue Account.
• Adds 13A-12-121.1 criminalizing prostitution with a minor, strengthens penalties under 13A-12-122, and adds 13A-12-124 and 13A-12-125 prohibiting a defendant from using a mistake-of-age defense and creating a $500 fine to fund the Alabama Crime Victims Compensation Fund.
• Expands expungement provisions (15-27-1 and 15-27-2) for trafficking victims and certain offenses, including when offenses occurred during trafficking; allows expungement for certain felonies with trafficking-related conditions; limits apply to violent offenses in some cases.
• Prohibits prosecuting trafficking offenses and certain prostitution offenses in municipal courts (only circuit or district courts may handle these cases) and directs compliance with these new court rules.
• Adds 34-43-12 through 34-43-15 requiring criminal history checks for massage therapy licensees, sets fees, and outlines license display, renewal, reinstatement, and disciplinary actions (including overnight staying as misconduct). It requires reporting misconduct, creates a special fund for the Massage Therapy Board, and authorizes the board to issue fines and revoke licenses for misconduct.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Human Trafficking