BILL REQ. #:  S-4202.1 

READ FIRST TIME 02/07/14.   

     AN ACT Relating to coercion of involuntary servitude; reenacting and amending RCW 9A.40.010; adding a new section to chapter 9A.40 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9A.40 RCW to read as follows:
     (1) A person is guilty of coercion of involuntary servitude if he or she coerces, as defined in RCW 9A.36.070, another person to perform labor or services by:
     (a) Withholding or threatening to withhold or destroy documents relating to a person's immigration status; or
     (b) Threatening to notify law enforcement officials that a person is present in the United States in violation of federal immigration laws.
     (2) Coercion does not include reports to law enforcement that a person is present in the United States in violation of federal immigration laws.
     (3) A person may commit coercion of involuntary servitude regardless of whether the person provides any sort of compensation or benefits to the person who is coerced.
     (4) Coercion of involuntary servitude is a class C felony.

Sec. 2   RCW 9A.40.010 and 2011 c 336 s 363 and 2011 c 111 s 2 are each reenacted and amended to read as follows:
     The following definitions apply in this chapter:
     (1) "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.
     (2) "Commercial sex act" means any act of sexual contact or sexual intercourse for which something of value is given or received.
     (3) "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.
     (4) "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, or as set forth in section 1 of this act. For the purposes of this subsection, "coercion" has the same meaning as provided in RCW 9A.36.070.
     (5) "Relative" means an ancestor, descendant, or sibling, including a relative of the same degree through marriage or adoption, or a spouse.
     (6) "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.
     (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.