Legislature Approves Crackdown on Human Trafficking

BOSTON – Anyone involved in the organization of forced labor and sexual servitude would face tough criminal penalties under new legislation given final approval today by the House and the Senate Representatives. The crackdown on human trafficking, which is being hailed as the toughest legislation of its kind in the nation, also establishes important protections for victims and children to help them access necessary services.

“We must secure the safety of people across the Commonwealth – especially the most vulnerable,” House Speaker Robert A. DeLeo said. “No one should have to experience the absolute terror of being sold into a life of exploitation; it is simply unjust. This anti-human trafficking legislation will sharpen law enforcement’s ability to act on cases of this despicable practice in Massachusetts.”

“If you’re going to engage in the unthinkable exploitation of children and other people, you’re going to pay the price,” Senate President Therese Murray (D-Plymouth) said. “This legislation lays out serious punishments to help prevent human trafficking. It is the result of a lot of good work from human rights advocates, the legislature, especially Senator (Mark) Montigny who has put in so much time and effort, and the attorney general. Massachusetts was one of only a few states without such a law, and I’m glad we got it done.”

“Massachusetts now has the most comprehensive human trafficking laws in the country,” said Representative Eugene L. O’Flaherty. “This bill gives law enforcement and prosecutors the tools they need to combat this issue that is often hidden from society and provides victims, particularly young children, with the safety and services they need to get their lives in order.  The Legislature has no sympathy for those who prey upon others and these individuals will face harsh penalties and sex offender registration requirements.”

“There won’t be a more important piece of legislation passed this session,” said the leading legislative anti-human trafficking advocate Senator Mark Montigny (D-New Bedford). “We filed the original bill six years ago. During this time we have continually fought for a bill that would protect victims and survivors of this horrific crime. While the wait has been frustrating, at least we can say to those who have been wronged that a great bill has finally been passed, which is going to make a difference.

“We cannot repair the spirits that have been broken, but we can provide services for those victims who need help recovering, and prosecute the traffickers to the fullest extent of the law,” Montigny continued. “We’ve heard time and again, from survivors and advocates of anti-human trafficking efforts, that victims of this crime faced a fate worse than death, and consequently, more than just sentencing crimes were needed. Without services in place, without compassionate policies that address the root of the crime and break the cycle for those who are caught in it, victims don’t come forward, arrests aren’t made and prosecutions of the real offenders, the traffickers, simply don’t happen. This bill contains the necessary provisions to begin eradicating traffickers from Massachusetts. I thank the Senate President and Attorney General for helping all of us make this day a reality.”

“Today the Legislature has taken a major step toward ending the exploitation of children and other victims in our Commonwealth,” Attorney General Martha Coakley said. “The passage of this bill recognizes that these crimes aren’t only occurring in other countries and other states, but right in our own communities. I want to thank the leadership of Senate President Therese Murray and House Speaker Robert DeLeo, as well as Senator Mark Montigny and House Judiciary Chairman Eugene O’Flaherty for sponsoring this important legislation.”

The conference report approved by the House and Senate includes criminal sentences up to five years in prison for attempted human trafficking, up to 20 years for trafficking adults, and up to life imprisonment for the trafficking of minors. Businesses involved in trafficking would face up to a $1 million fine for the first offense, with a mandatory minimum of 10 years to a maximum of life for a second offense. These offenses also carry a 5-year mandatory minimum sentence.

The legislation also removes any statute of limitations for trafficking crimes and creates a 15-year criminal penalty for trafficking human organs, and it updates sex offender registration laws to include human trafficking and the enticement of a minor into prostitution through the use of electronic devices. Anyone convicted of these crimes would be required to register in Massachusetts as a sex offender.

To further protect and help victims, the legislation creates the “Victims of Human Trafficking Trust Fund” which will be funded from fines and convicted human traffickers’ forfeited assets. Additionally, items used in the commission of the crime (buildings, cars, boats, etc.) are subject to asset forfeiture with all of the proceeds going to the victims fund.

The legislation also:

• Establishes an Anti-Human Trafficking Task Force, comprised of state officials, law enforcement, victims’ services organizations and trafficking victims to investigate and study rates of human trafficking, prevention, and the treatment of victims;

• Increases the penalty for soliciting a prostitute, and increases the penalty for soliciting sex from a person under 18;

• Allows defendants who are victims of human trafficking and charged with prostitution to establish a defense of duress or coercion;

• Establishes a “safe harbor provision” that allows the Commonwealth, defendant or court to request a hearing for a child arrested for prostitution to instead receive protection services;

• Requires the Department of Children and Families (DCF) to provide services to sexually exploited children and to immediately report to the district attorneys and the police any child the department believes to be a sexually exploited child;

• Amends the mandated reporting law so that mandated reporters, such as doctors, social workers, teachers and probation officers, must report to DCF when they have reasonable cause to believe that a child is sexually exploited; 

• Establishes a process for victims of trafficking to bring civil actions; and

• Increases potential sentences for “Johns” to 2 ½ years in a house of correction and creates a mandatory $1,000 fine.

The legislation now goes to the Governor for his review and expected signature.
 

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