HB270 Alabama 2021 Session

Under existing law, a person is guilty of human trafficking if the person, among other things, benefits financially from subjecting another person to sexual servitude. Sexual servitude is defined to require coercion or deception from the perpetrator of the crime.

Also under existing law, coercion or deception is not required if the victim is a minor.

This bill would provide that coercion or deception is not required if the victim is physically or mentally incapable of consent.

Under existing law, human trafficking of a minor is a Class A felony.

This bill would provide a minimum period of incarceration for a person convicted of human trafficking of a minor.

Under existing law, the Attorney General is allowed to bring a civil action against a legal entity accused of human trafficking to obtain a restraining order and recover damages on behalf of the victims.

This bill would allow a court to appoint a master or receiver to seize the assets of that legal entity pending outcome of the case under certain specified conditions.

Under existing law, the penalty for a first violation of failing to post human trafficking hotline information in certain establishments is a warning and the penalty for a subsequent violation is $25.

This bill would increase the penalty for a subsequent violation to $250 and would establish which agencies would be responsible for enforcement of the human trafficking hotline information requirements.

Under existing law, a person who pays or agrees to pay another to engage in sexual conduct with a person is guilty of a Class A misdemeanor.

This bill would provide a minimum period of incarceration for a second or subsequent conviction.

Under existing law, a person who petitions for expungement may receive a hearing on the matter, but the matter may be dismissed without a hearing.

This bill would provide that when an expungement petition is filed by a victim of human trafficking, the court is required to set a hearing on an expungement petition and grant the petition if the court is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the expungement petition requirements.

This bill would provide whistleblower protection from retaliation against an employee that reports human trafficking regarding the employee's employer.

This bill would authorize a municipality to adopt an ordinance directing law enforcement officers to impound motor vehicles used in the commission of human trafficking or prostitution and would provide a procedure for the release of those vehicles.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

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.

Relating to human trafficking; to amend Sections 13A-6-151, 13A-6-152, 13A-6-157.1, 13A-6-170, 13A-12-122, and 15-27-5, Code of Alabama 1975, to provide further for the crime of human trafficking; to provide a minimum period of incarceration for a person convicted of human trafficking a minor; to provide for the appointment of a master or receiver under certain situations; to provide further for the criminal penalty for failing to post the human trafficking hotline information in certain establishments and provide for the enforcement of the requirements; to provide further for the criminal penalty for patronizing a prostitute; to provide further for the expungement procedure for human trafficking victims; to provide whistleblower protection for certain employees regarding reports of human trafficking; to authorize the adoption of a municipal ordinance to impound vehicles used in the commission of human trafficking or prostitution and provide a procedure for the release of those vehicles; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.