FINAL BILL REPORT
SHB 2381
C 10 L 02
Synopsis as Enacted
Brief Description: Addressing the trafficking of persons.
Sponsors: By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Veloria, Van Luven, Kenney, Dunshee, Romero, O'Brien, Darneille, Schual‑Berke, Chase, Tokuda, Upthegrove, Edwards, Santos, Kagi and Haigh).
House Committee on Criminal Justice & Corrections
Senate Committee on Judiciary
Background:
Trafficking of Persons. The definition of trafficking varies, but it can generally be defined as any act that involves the recruitment or transportation of a person, within or across national borders, for work or services, by means of violence or threat of violence, debt bondage, deception or other coercion. A person may be trafficked for a number of reasons including forced prostitution, exploitative domestic service in private homes, and indentured servitude in sweatshops.
The United Nations estimates that criminal groups make more than $7 billion annually from trafficking human beings. Originally, Latin America and Asia were the main sources for the trafficking business. Over the last decade or so, however, persons from Germany and Russia have added to the market economy of trafficking.
Crime Victims Compensation. The Crime Victims Act of 1973 established Washington's Crime Victims' Compensation Program to provide benefits to innocent victims of criminal acts. Generally, persons injured by a criminal act in Washington, or their surviving spouses and dependents, are eligible to receive benefits under the program providing that:
$the criminal act for which compensation is being sought is punishable as a gross misdemeanor or felony;
$the crime was reported to law enforcement within one year of its occurrence or within one year from the time a report could reasonably have been made; and
$the application for crime victims' benefits is made within two years after the crime was reported to law enforcement or the rights of the beneficiaries or dependents accrued.
Criminal act is defined as: (1) an act committed or attempted in Washington, which is punishable as a felony or gross misdemeanor under the laws of Washington, (2) an act committed outside of Washington against a resident of Washington which would be compensable had it occurred inside the state, and the crime occurred in a state which does not have a crime victims compensation program, or (3) an act of terrorism.
Under the Crime Victims Act, claims are denied if the injury for which benefits are being sought was the result of "consent, provocation, or incitement" by the victim. Claims are also denied if the injury was sustained while the victim was committing or attempting to commit a felony.
Summary:
Trafficking of Persons. The Washington State Task Force Against the Trafficking of Persons is established. The task force consists of the following persons (or their designees): the director of the Office of Community Development; the secretary of the Department of Health; the secretary of the Department of Social and Health Services; the director of the Department of Labor and Industries; and the commissioner of the Employment Security Department. In addition, the task force must include nine members, selected by the director of the Office of Community Development, represent the public and private sector organizations that provide assistance to persons who are victims of trafficking. With the exception of travel expenses, all members of the task force must serve without compensation.
The task force is responsible for the following activities:
$measuring and evaluating the progress of the state's trafficking prevention activities;
$identifying federal, state, and local programs that provide victims of trafficking with services such as health care, human services, housing, education, legal assistance, job training or preparation, interpreting services, English as a second language class, and victim's compensation; and
$making recommendations on how to provide a coordinated system of support and assistance to victims of trafficking.
The task force must be chaired by the director of the Office of Community Development or the director's designee. Administrative and clerical support to the task force is provided by the Office of Community Development.
The task force must provide a report to the Governor and the Legislature by November 30, 2002, on its findings and recommendations on trafficking in Washington.
The task force expires March 1, 2003.
Crime Victims Compensation. The definition of criminal act is expanded to include acts that are punishable under federal law that are comparable to a felony or gross misdemeanor offense under the laws of Washington.
Votes on Final Passage:
House980
Senate430
Effective: June 13, 2002