Passed by the Senate March 4, 2011 YEAS 48   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 5, 2011 YEAS 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5546 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 18, 2011, 2:40 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 19, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to the crime of human trafficking; and amending RCW 9A.40.100, 9A.40.010, 9.95.062, and 10.64.025.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.40.100 and 2003 c 267 s 1 are each amended to read
as follows:
(1)(a) A person is guilty of trafficking in the first degree when:
(i) Such person:
(A) Recruits, harbors, transports, transfers, provides, ((or))
obtains, or receives by any means another person knowing that force,
fraud, or coercion as defined in RCW 9A.36.070 will be used to cause
the person to engage in forced labor ((or)), involuntary servitude, or
a commercial sex act; or
(B) Benefits financially or by receiving anything of value from
participation in a venture that has engaged in acts set forth in
(a)(i)(A) of this subsection; and
(ii) The acts or venture set forth in (a)(i) of this subsection:
(A) Involve committing or attempting to commit kidnapping;
(B) Involve a finding of sexual motivation under RCW 9.94A.835;
((or))
(C) Involve the illegal harvesting or sale of human organs; or
(D) Result in a death.
(b) Trafficking in the first degree is a class A felony.
(2)(a) A person is guilty of trafficking in the second degree when
such person:
(i) Recruits, harbors, transports, transfers, provides, ((or))
obtains, or receives by any means another person knowing that force,
fraud, or coercion as defined in RCW 9A.36.070 will be used to cause
the person to engage in forced labor ((or)), involuntary servitude, or
a commercial sex act; or
(ii) Benefits financially or by receiving anything of value from
participation in a venture that has engaged in acts set forth in (a)(i)
of this subsection.
(b) Trafficking in the second degree is a class A felony.
Sec. 2 RCW 9A.40.010 and 1975 1st ex.s. c 260 s 9A.40.010 are
each amended to read as follows:
The following definitions apply in this chapter:
(1) "Restrain" means to restrict a person's movements without
consent and without legal authority in a manner which interferes
substantially with his or her liberty. Restraint is "without consent"
if it is accomplished by (a) physical force, intimidation, or
deception, or (b) any means including acquiescence of the victim, if he
or she is a child less than sixteen years old or an incompetent person
and if the parent, guardian, or other person or institution having
lawful control or custody of him or her has not acquiesced.
(2) "Abduct" means to restrain a person by either (a) secreting or
holding him or her in a place where he or she is not likely to be
found, or (b) using or threatening to use deadly force.
(3) "Commercial sex act" means any act of sexual contact or sexual
intercourse for which something of value is given or received.
(4) "Forced labor" means knowingly providing or obtaining labor or
services of a person by: (a) Threats of serious harm to, or physical
restraint against, that person or another person; or (b) means of any
scheme, plan, or pattern intended to cause the person to believe that,
if the person did not perform such labor or services, that person or
another person would suffer serious harm or physical restraint.
(5) "Involuntary servitude" means a condition of servitude in which
the victim was forced to work by the use or threat of physical
restraint or physical injury, or by the use of threat of coercion
through law or legal process. For the purposes of this subsection,
"coercion" has the same meaning as provided in RCW 9A.36.070.
(6) "Relative" means an ancestor, descendant, or sibling, including
a relative of the same degree through marriage or adoption, or a
spouse.
(7) "Serious harm" means any harm, whether physical or nonphysical,
including psychological, financial, or reputational harm, that is
sufficiently serious, under all the surrounding circumstances, to
compel a reasonable person of the same background and in the same
circumstances to perform or to continue performing labor, services, or
a commercial sex act in order to avoid incurring that harm.
Sec. 3 RCW 9.95.062 and 1996 c 275 s 9 are each amended to read
as follows:
(1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in
a criminal action shall not stay the execution of the judgment of
conviction, if the court determines by a preponderance of the evidence
that:
(a) The defendant is likely to flee or to pose a danger to the
safety of any other person or the community if the judgment is stayed;
or
(b) The delay resulting from the stay will unduly diminish the
deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable trauma to the
victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the
defendant's financial ability to pay the financial obligations under
the judgment or has not posted an adequate performance bond to assure
payment.
(2) An appeal by a defendant convicted of one of the following
offenses shall not stay execution of the judgment of conviction: Rape
in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a
child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076,
and 9A.44.079); child molestation in the first, second, or third degree
(RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a
minor in the first or second degree (RCW 9A.44.093 and 9A.44.096);
indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW
9A.40.090); human trafficking in the first or second degree (RCW
9A.40.100); promoting commercial sexual abuse of a minor (RCW
9.68A.101); any class A or B felony that is a sexually motivated
offense as defined in RCW 9.94A.030; a felony violation of RCW
9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal
attempt, solicitation, or conspiracy to commit one of those offenses.
(3) In case the defendant has been convicted of a felony, and has
been unable to obtain release pending the appeal by posting an appeal
bond, cash, adequate security, release on personal recognizance, or any
other conditions imposed by the court, the time the defendant has been
imprisoned pending the appeal shall be deducted from the term for which
the defendant was sentenced, if the judgment is affirmed.
Sec. 4 RCW 10.64.025 and 1996 c 275 s 10 are each amended to read
as follows:
(1) A defendant who has been found guilty of a felony and is
awaiting sentencing shall be detained unless the court finds by clear
and convincing evidence that the defendant is not likely to flee or to
pose a danger to the safety of any other person or the community if
released. Any bail bond that was posted on behalf of a defendant
shall, upon the defendant's conviction, be exonerated.
(2) A defendant who has been found guilty of one of the following
offenses shall be detained pending sentencing: Rape in the first or
second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the
first, second, or third degree (RCW 9A.44.073, 9A.44.076, and
9A.44.079); child molestation in the first, second, or third degree
(RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a
minor in the first or second degree (RCW 9A.44.093 and 9A.44.096);
indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW
9A.40.090); human trafficking in the first or second degree (RCW
9A.40.100); promoting commercial sexual abuse of a minor (RCW
9.68A.101); any class A or B felony that is a sexually motivated
offense as defined in RCW 9.94A.030; a felony violation of RCW
9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal
attempt, solicitation, or conspiracy to commit one of those offenses.