AN
ACT Relating to the trafficking of persons; amending RCW 7.68.020; and creating
new sections.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
The legislature finds that:
(a)
The trafficking in persons is a modern form of slavery, and it is the largest
manifestation of slavery today;
(b)
At least seven hundred thousand persons annually, primarily women and children,
are trafficked within or across international borders;
(c)
Approximately fifty thousand women and children are trafficked into the United
States each year;
(d)
Trafficking in persons is not limited to the sex industry, and includes forced
labor with significant violations of labor, public health, and human rights
standards worldwide;
(e)
Traffickers primarily target women and girls, who are disproportionately
affected by poverty, the lack of access to education, chronic unemployment,
discrimination, and the lack of economic opportunities in countries of origin;
and
(f)
There are not adequate services and facilities to meet the needs of trafficking
victims regarding health care, housing, education, and legal assistance, which
safely reintegrate trafficking victims into their home countries.
(2)
The legislature declares that the purpose of this act is to provide a
coordinated, humane response for victims of human trafficking through a review
of existing programs and clarification of existing options for such victims.
NEW
SECTION. Sec. 2. (1)
There is created the Washington state task force against the trafficking of
persons.
(2)
The task force shall consist of the following members:
(a)
The director of the office of community development, or the director's
designee;
(b)
The secretary of the department of health, or the secretary's designee;
(c)
The secretary of the department of social and health services, or the
secretary's designee;
(d)
The director of the department of labor and industries, or the director's
designee;
(e)
The commissioner of the employment security department, or the commissioner's
designee;
(f)
Nine members, selected by the director of the office of community development,
that represent public and private sector organizations that provide assistance
to persons who are victims of trafficking.
(3)
The task force shall be chaired by the director of the office of community
development, or the director's designee.
(4)
The task force shall carry out the following activities:
(a)
Measure and evaluate the progress of the state in trafficking prevention
activities;
(b)
Identify available federal, state, and local programs that provide services to
victims 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.
(5)
The task force shall report its findings and recommendations to the governor
and legislature by November 30, 2002.
(6)
The office of community development shall provide necessary administrative and
clerical support to the task force.
(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.
(8)
The task force expires March 1, 2003.
Sec.
3. RCW
7.68.020 and 2001 c 136 s 1 are each amended to read as follows:
The
following words and phrases as used in this chapter have the meanings set forth
in this section unless the context otherwise requires.
(1)
"Department" means the department of labor and industries.
(2)
"Criminal act" means an act committed or attempted in this state
which is: (a) Punishable as a federal offense that is comparable to
a felony or gross misdemeanor in this state; (b) punishable as a felony or
gross misdemeanor under the laws of this state((, or)); (c) an
act committed outside the state of Washington against a resident of the state
of Washington which would be compensable had it occurred inside this state((;))
and the crime occurred in a state which does not have a crime victims
compensation program, for which the victim is eligible as set forth in the
Washington compensation law((,)); or (d) an act of
terrorism as defined in 18 U.S.C. Sec. 2331, as it exists on May 2, 1997,
committed outside of the United States against a resident of the state of
Washington, except as follows:
(((a)))
(i) The operation of a motor vehicle, motorcycle, train, boat, or
aircraft in violation of law does not constitute a "criminal act"
unless:
(((i)))
(A) The injury or death was intentionally inflicted;
(((ii)))
(B) The operation thereof was part of the commission of another
non-vehicular criminal act as defined in this section;
(((iii)))
(C) The death or injury was the result of the operation of a motor
vehicle after July 24, 1983, and a preponderance of the evidence establishes
that the death was the result of vehicular homicide under RCW 46.61.520, or a
conviction of vehicular assault under RCW 46.61.522, has been obtained:
PROVIDED, That in cases where a probable criminal defendant has died in
perpetration of vehicular assault or, in cases where the perpetrator of the
vehicular assault is unascertainable because he or she left the scene of the
accident in violation of RCW 46.52.020 or, because of physical or mental
infirmity or disability the perpetrator is incapable of standing trial for
vehicular assault, the department may, by a preponderance of the evidence,
establish that a vehicular assault had been committed and authorize benefits;
or
(((iv)))
(D) The injury or death was caused by a driver in violation of RCW
46.61.502;
(((b)))
(ii) Neither an acquittal in a criminal prosecution nor the absence of
any such prosecution is admissible in any claim or proceeding under this
chapter as evidence of the noncriminal character of the acts giving rise to
such claim or proceeding, except as provided for in ((subsection (2)(a)(iii)
of this section)) (d)(i)(C) of this subsection;
(((c)))
(iii) Evidence of a criminal conviction arising from acts which are the
basis for a claim or proceeding under this chapter is admissible in such claim
or proceeding for the limited purpose of proving the criminal character of the
acts; and
(((d)))
(iv) Acts which, but for the insanity or mental irresponsibility of the
perpetrator, would constitute criminal conduct are deemed to be criminal
conduct within the meaning of this chapter.
(3)
"Victim" means a person who suffers bodily injury or death as a
proximate result of a criminal act of another person, the victim's own good
faith and reasonable effort to prevent a criminal act, or his or her
good faith effort to apprehend a person reasonably suspected of engaging in a
criminal act. For the purposes of receiving benefits pursuant to this chapter,
"victim" is interchangeable with "employee" or "((workman))
worker" as defined in chapter 51.08 RCW as now or hereafter
amended.
(4)
"Child," "accredited school," "dependent,"
"beneficiary," "average monthly wage,"
"director," "injury," "invalid," "permanent
partial disability," and "permanent total disability" have the
meanings assigned to them in chapter 51.08 RCW as now or hereafter amended.
(5)
"Gainfully employed" means engaging on a regular and continuous basis
in a lawful activity from which a person derives a livelihood.
(6)
"Private insurance" means any source of recompense provided by
contract available as a result of the claimed injury or death at the time of
such injury or death, or which becomes available any time thereafter.
(7)
"Public insurance" means any source of recompense provided by
statute, state or federal, available as a result of the claimed injury or death
at the time of such injury or death, or which becomes available any time
thereafter.
