CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5884
64th Legislature
2015 Regular Session
ENGROSSED SUBSTITUTE SENATE BILL 5884
AS AMENDED BY THE HOUSE
Passed Legislature - 2015 Regular Session
State of Washington
64th Legislature
2015 Regular Session
By Senate Law & Justice (originally sponsored by Senators Kohl-Welles, Darneille, Padden, Keiser, Conway, Chase, and Hasegawa)
READ FIRST TIME 02/20/15.
AN ACT Relating to the trafficking of persons; amending RCW 7.68.350 and 7.68.801; adding a new section to chapter 7.68 RCW; adding a new section to chapter 47.38 RCW; creating a new section; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1.  (1) The legislature has long been committed to increasing access to support services for human trafficking victims and promoting awareness of human trafficking throughout Washington state. In 2002, Washington was the first state to work on human trafficking by enacting new laws and by creating an antitrafficking task force. In 2003, Washington was the first state to enact a law making human trafficking a crime.
Since 2002, the Washington state legislature has enacted thirty-eight laws to combat human trafficking. In 2013 and 2014, Washington received top marks from two leading nongovernmental organizations for the strength of its antitrafficking laws. The polaris project gave Washington a perfect score of ten and Washington received an "A" report card from shared hope international's protected innocence challenge. In light of the 2010 winter olympic games taking place in Vancouver, British Columbia, the legislature enacted RCW 47.38.080, permitting an approved nonprofit to place informational human trafficking posters in restrooms located in rest areas along Interstate 5. Sporting events, such as the winter olympic games or the upcoming 2015 United States open golf tournament at Chambers Bay, provide lucrative opportunities for human traffickers to exploit adults and children for labor and sexual services. The legislature finds that an effective way to combat human trafficking is to increase awareness of human trafficking for both victims and the general public alike as well as who and how to contact for help and support services, for both victims and the general public alike.
(2) Human trafficking data are primarily obtained through a hotline reporting system in which victims and witnesses can report cases of human trafficking over the phone. Since 2007, there have been one thousand eight hundred fifty human trafficking calls made through the human trafficking victim hotline system in Washington state, and a total of four hundred thirty-two human trafficking cases reported. It is the intent of the legislature to facilitate an even wider scope of communication with human trafficking victims and witnesses by requiring human trafficking information to be posted in all public restrooms.
NEW SECTION.  Sec. 2.  A new section is added to chapter 7.68 RCW to read as follows:
(1) The office of crime victims advocacy is designated as the single point of contact in state government regarding the trafficking of persons.
(2) The Washington state clearinghouse on human trafficking is created as an information portal to share and coordinate statewide efforts to combat the trafficking of persons. The clearinghouse will include an internet web site operated by the office of crime victims advocacy, and will serve the following functions:
(a) Coordinating information regarding all statewide task forces relating to the trafficking of persons including, but not limited to, sex trafficking, commercial sexual exploitation of children, and labor trafficking;
(b) Publishing the findings and legislative reports of all statewide task forces relating to the trafficking of persons;
(c) Providing a comprehensive directory of resources for victims of trafficking; and
(d) Collecting and disseminating up-to-date information regarding the trafficking of persons, including news and legislative efforts, both state and federal.
Sec. 3.  RCW 7.68.350 and 2003 c 266 s 1 are each amended to read as follows:
(1) There is created the Washington state task force against the trafficking of persons.
(2)(a) The task force shall consist of the following members:
(((a))) (i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(iii) The director of the office of ((community development)) crime victims advocacy, or the director's designee;
(((b))) (iv) The secretary of the department of health, or the secretary's designee;
(((c))) (v) The secretary of the department of social and health services, or the secretary's designee;
(((d))) (vi) The director of the department of labor and industries, or the director's designee;
(((e))) (vii) The commissioner of the employment security department, or the commissioner's designee;
(((f) Nine)) (viii) The attorney general or the attorney general's designee;
(ix) The superintendent of public instruction or the superintendent of public instruction's designee;
(x) The director of the department of agriculture or the director's designee;
(xi) At least one member who is a survivor of human trafficking;
(xii) Eleven members, selected by the director of the office of ((community development)) crime victims advocacy, that represent public, community-based nonprofit, and private sector organizations ((that)), academic institutions, research-based organizations, faith-based organizations, including organizations that are diverse in viewpoint, geography, ethnicity, and culture, and in the populations served. The members must provide, directly or through their organizations, assistance to persons who are victims and survivors of trafficking, or who work on antitrafficking efforts as part of their organization's work, or both.
(b) Additional members may be selected as determined by the director of the office of crime victims advocacy to ensure representation of interested groups.
(3) The task force shall be chaired by the director of the office of ((community development)) crime victims advocacy, or the director's designee.
(4) The task force shall ((carry out)) determine the areas of focus and activity including, but not limited to, the following activities:
(a) Measure and evaluate the resource needs of victims and survivors of human trafficking and the progress of the state in trafficking prevention activities, as well as what is being done in other states and nationally to combat human trafficking;
(b) Identify available federal, state, and local programs that provide services to victims and survivors of trafficking that include, but are not limited to, health care, human services, housing, education, legal assistance, job training or preparation, interpreting services, English as a second language classes, and victim's compensation; ((and))
(c) Make recommendations on methods to provide a coordinated system of support and assistance to persons who are victims of trafficking; and
(d) Review the statutory response to human trafficking, analyze the impact and effectiveness of strategies contained in the current state laws, and make recommendations on legislation to further the state's antitrafficking efforts.
(5) The task force shall report its ((supplemental)) findings and make recommendations to the governor and legislature ((by June 30, 2004)) as needed.
(6) The office of ((community development)) crime victims advocacy shall provide necessary administrative and clerical support to the task force, within available resources.
(7) The members of the task force shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, within available resources.
(((8) The task force expires June 30, 2004.))
Sec. 4.  RCW 7.68.801 and 2013 c 253 s 1 are each amended to read as follows:
(1) The commercially sexually exploited children statewide coordinating committee is established to address the issue of children who are commercially sexually exploited, to examine the practices of local and regional entities involved in addressing sexually exploited children, and to make recommendations on statewide laws and practices.
(2) The committee is convened by the office of the attorney general ((and)) with the department of commerce assisting with agenda planning and administrative and clerical support. The committee consists of the following members:
(a) One member from each of the two largest caucuses of the house of representatives appointed by the speaker of the house;
(b) One member from each of the two largest caucuses of the senate appointed by the speaker of the senate;
(c) A representative of the governor's office appointed by the governor;
(d) The secretary of the children's administration or his or her designee;
(e) The secretary of the juvenile rehabilitation administration or his or her designee;
(f) The attorney general or his or her designee;
(g) The superintendent of public instruction or his or her designee;
(h) A representative of the administrative office of the courts appointed by the administrative office of the courts;
(i) The executive director of the Washington association of sheriffs and police chiefs or his or her designee;
(j) The executive director of the Washington state criminal justice training commission or his or her designee;
(k) A representative of the Washington association of prosecuting attorneys appointed by the association;
(l) The executive director of the office of public defense or his or her designee;
(m) Three representatives of community service providers that provide direct services to commercially sexually exploited children appointed by the attorney general;
(n) Two representatives of nongovernmental organizations familiar with the issues affecting commercially sexually exploited children appointed by the attorney general;
(o) The president of the superior court judges' association or his or her designee;
(p) The president of the juvenile court administrators or his or her designee;
(q) Any existing chairs of regional task forces on commercially sexually exploited children;
(r) A representative from the criminal defense bar;
(s) A representative of the center for children and youth justice;
(t) A representative from the office of crime victims advocacy; ((and))
(u) The executive director of the Washington coalition of sexual assault programs;
(v) A representative of an organization that provides in-patient chemical dependency treatment to youth, appointed by the attorney general;
(w) A representative of an organization that provides mental health treatment to youth, appointed by the attorney general; and
(x) A survivor of human trafficking, appointed by the attorney general.
(3) The duties of the committee include, but are not limited to:
(a) Overseeing and reviewing the implementation of the Washington state model protocol for commercially sexually exploited children at pilot sites;
(b) Receiving reports and data from local and regional entities regarding the incidence of commercially sexually exploited children in their areas as well as data information regarding perpetrators, geographic data and location trends, and any other data deemed relevant;
(c) Receiving reports on local coordinated community response practices and results of the community responses;
(d) Reviewing recommendations from local and regional entities regarding policy and legislative changes that would improve the efficiency and effectiveness of local response practices;
(e) Making recommendations regarding policy and legislative changes that would improve the effectiveness of the state's response to and promote best practices for suppression of the commercial sexual exploitation of children;
(f) Making recommendations regarding data collection useful to understanding or addressing the problem of commercially sexually exploited children; ((and))
(g) Reviewing and making recommendations regarding strategic local investments or opportunities for federal and state funding to address the commercial sexual exploitation of children;
(h) Reviewing the extent to which chapter 289, Laws of 2010 (Engrossed Substitute Senate Bill No. 6476) is understood and applied by enforcement authorities; and
(i) Researching any barriers that exist to full implementation of chapter 289, Laws of 2010 (Engrossed Substitute Senate Bill No. 6476) throughout the state.
(4) The committee must meet no less than annually.
(5) The committee shall report its findings to the appropriate committees of the legislature and to any other known statewide committees addressing trafficking or the commercial sex trade by June 30((th of each year)), 2017.
(6) In addition to its report under subsection (5) of this section, the committee shall report its findings regarding its duties under subsection (3)(h) and (i) of this section to the appropriate committees of the legislature by February 1, 2016.
(7) This section expires June 30, ((2015)) 2017.
NEW SECTION.  Sec. 5.  A new section is added to chapter 47.38 RCW to read as follows:
(1) Every establishment that maintains restrooms for use by the public may voluntarily, upon availability of the model notice as described in subsection (2) of this section, post a notice that complies with the requirements of this section in a conspicuous place within all restrooms of the establishment in clear view of the public and employees. The office of crime victims advocacy may work with businesses and other establishments and with human trafficking victim advocates to adopt policies for the placement of such notices.
(2)(a) The model notice that may be voluntarily posted pursuant to subsection (1) of this section may be in a variety of languages and include toll-free telephone numbers a person may call for assistance, including the number for the national human trafficking resource center and the number for the Washington state office of crime victims advocacy.
(b) The office of crime victims advocacy shall review and approve the initial form and content of the model notice to ensure the notice is appropriate for public display and likely to be an effective communication to reach human trafficking victims. The office of crime victims advocacy shall review the model notice on a yearly basis to ensure the information provided remains accurate.
(3) The cost of production, printing, and posting of the model notices shall be paid by a participating nonprofit at no cost to the state.
(4) The office of crime victims advocacy must provide a report to the appropriate committees of the legislature no later than December 31, 2016, regarding the voluntary participation in this effort.
NEW SECTION.  Sec. 6.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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