HOUSE BILL REPORT

HB 1079

As Reported by House Committee On:

Public Safety

Title: An act relating to no-contact orders for human trafficking and promoting prostitution-related offenses.

Brief Description: Creating a criminal no-contact order for human trafficking and promoting prostitution-related offenses.

Sponsors: Representatives Orwall, Klippert, Goodman, Stokesbary, Kilduff, Chapman, McCabe, Hudgins, Jinkins, Ortiz-Self, Bergquist, Stanford, Griffey, Hargrove, Smith, Tarleton, Harmsworth, Ormsby, Muri, Van Werven, Kraft, Fey, Slatter, Sawyer, McBride and Gregerson; by request of Attorney General.

Brief History:

Committee Activity:

Public Safety: 1/16/17, 1/19/17 [DPS].

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Goodman, Chair; Pellicciotti, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Chapman, Griffey, Holy, Orwall, Pettigrew and Van Werven.

Staff: Kelly Leonard (786-7147).

Background:

No-Contact Orders. Courts may issue no-contact orders to protect victims during the pendency of criminal proceedings, and these orders may also be imposed or extended as a condition of release or sentence. No-contact orders prohibit contact of any kind with the victim and forbid the respondent from being within a set distance of specific locations. They also may involve a surrender of firearms, depending on the restrained person's criminal history. There are specialized procedures and requirements for no-contact orders for harassment, domestic violence, and stalking. Generally, a violation of a no-contact order is a gross misdemeanor, except a violation can be elevated to a class C felony when tied to an assault or for a repeat violation.

Trafficking. A person is guilty of Trafficking in the second degree when he or she: (1) recruits, harbors, transports, transfers, provides, obtains, or receives by any means another person, knowing that force, fraud or coercion will be used to cause the person to engage in forced labor, involuntary servitude, a sexually explicit act or a commercial sex act, or that the person has not reached the age of 18 years and is caused to engage in a sexually explicit act or a commercial sex act; or (2) benefits financially or receives anything of value from participation in a venture that has engaged in the above acts. The offense is Trafficking in the first degree if the acts involve kidnapping, sexual motivation, or illegal harvesting of human organs or result in a death. Trafficking in the second degree is a class A felony with a seriousness level of XII, and Trafficking in the first degree is a class A felony with a seriousness level of XIV.

Promoting Prostitution. A person is guilty of Promoting Prostitution in the first degree if he or she knowingly advances prostitution:

• by compelling a person by threat or force to engage in prostitution or profits from prostitution which results from such threat or force; or

• by compelling a person with a mental incapacity or developmental disability that renders the person incapable of consent to engage in prostitution or profits from prostitution that results from such compulsion.

A person is guilty of Promoting Prostitution in the second degree if he or she knowingly profits from prostitution or advances prostitution.

Promoting Prostitution in the first degree is a class B felony with a seriousness level of VIII. Promoting Prostitution in the second degree is a class C felony with a seriousness level of III.

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Summary of Substitute Bill:

Specialized no-contact orders are created for Trafficking and Promoting Prostitution offenses.

When a person is charged with or arrested for Trafficking or Promoting Prostitution, the court may issue a no-contact order prohibiting the defendant from having any contact with the victim. A no-contact order may be issued at the time of arraignment, whenever a defendant is released from custody pretrial, or as a condition of sentence. So long as the court finds probable cause, the court may issue or extend a no-contact order even if the defendant fails to appear in court.

A violation of a no-contact order is a gross misdemeanor, except a violation can be elevated to a class C felony when tied to an assault or for a repeat violation. If a person is convicted of violating a no-contact order, the court may require the defendant to submit to electronic monitoring.

A no-contact order terminates if the defendant is acquitted or the charges are dismissed.

Substitute Bill Compared to Original Bill:

The substitute bill removes the requirement that law enforcement or the prosecuting attorney must inform a victim of the final disposition of his or her case associated with the Trafficking or Promoting Prostitution no-contact order.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) Washington has a very high rate of trafficking, especially in South King County, and the age of trafficking victims keeps decreasing. The average age is now 14. The Legislature has done great work to address trafficking, including increasing penalties; however, this bill is a much needed step toward protecting victims. Many victims experience direct threats from their perpetrators, both before and after reporting an offense or participating in an investigation. A no-contact order is a critical tool to protect victims.

Unlike standard no-contact orders, law enforcement officers have greater access to information on specialized no-contact orders, making them easier to enforce. Also, creating Trafficking and Promoting Prostitution no-contact orders similar to domestic and stalking no-contact orders is important. When these specialized no-contact orders are violated, it is a separate offense, rather than contempt of court.

Perpetrators continue to contact and try to manipulate their victims after charges have been filed. Perpetrators will harass, threaten, entice, and lie to victims to get them to stop participating in a criminal case. In one very serious case, a victim had to receive a complete identity change through the federal government, including a new Social Security Number, to escape a perpetrator. In circumstances where the perpetrator and victim have a qualified "domestic" relationship, the victim can qualify for a domestic violence no-contact order. However, this is not the case for all victims. The Legislature should create specialized no-contact orders to protect trafficking victims.

(Opposed) None.

(Other) The bill should be amended to clarify that only agencies with general law enforcement authority can enforce these orders. The bill should be amended to remove the requirement that law enforcement inform the victim of the final disposition of his or her case. Unfortunately, law enforcement is often the last to know in these circumstances.

It is clear that no-contact or protection orders that are not easily accessible to law enforcement are harder to enforce. It makes sense for trafficking victims to receive the type of no-contact orders contemplated in the bill. However, there are very few of these cases in any given year, and creating a special no-contact order just for these cases is unnecessary. The Legislature should add these cases to the current harassment no-contact order process by modifying the existing statute.

Persons Testifying: (In support) Representative Orwall, prime sponsor; Lana Weimann, Office of the Attorney General; Coreen Schnepf, Kitsap County Prosecuting Attorney's Office; Johanna Holliday, Engedi; Carlos Rodriguez, Missing and Exploited Children Task Force-Washington State Patrol; Natalie Mays; and Julia Anderson.

(Other) James McMahan, Washington Association of Sheriffs and Police Chiefs; and Brad Meryhew, Washington Association of Criminal Defense Lawyers and Washington Defender Association.

Persons Signed In To Testify But Not Testifying: None.