HB 633

Abstract

Forced labor or service; penalties. Expands the offense of abduction to penalize any person who, by force, intimidation or deception, and without legal justification or excuse, obtains the labor or services of another, or seizes, takes, transports, detains or secretes another person or threatens to do so. The bill also expands the offense of receiving money for procuring a person to penalize any person who causes another to engage in forced labor or services or provides or obtains labor or services by any act as described in the offense of abduction. Lastly, the bill allows any person injured as a result of an abduction for the purposes of forced labor or services to commence a civil action for recovery of compensatory damages, punitive damages, and reasonable attorney fees and costs.

Labor trafficking; forced labor or service; penalties. Provides that any person who knowingly provides or obtains the labor or services of a person by means of (i) force, threats of force, physical restraint, or threats of physical restraint to that person or another person; (ii) serious harm, as defined in the bill, or threats of serious harm to that person or another person; (iii) the abuse or threatened abuse of law or legal process, as defined in the bill; or (iv) any scheme, plan, or pattern intended to cause the person to believe that if that person did not perform such labor or services that person or another person would suffer serious harm or physical restraint is guilty of labor trafficking. The bill also provides that any person who knowingly benefits from participation in a venture that has engaged in labor trafficking is guilty of receiving money from labor trafficking. The bill provides that a violation of labor trafficking or receiving money from labor trafficking is punishable as a Class 4 felony; however, any adult who commits an act of labor trafficking or receiving money from labor trafficking with a person under the age of 18 is guilty of a Class 3 felony. The bill also creates a civil cause of action against individuals who engage in labor trafficking or who receive money from labor trafficking and adds labor trafficking and receiving money from labor trafficking to provisions of the Code defining racketeering and as a barrier crime from caring for children or the elderly or disabled, among other provisions listed in the bill. The bill extends the time to commence a civil action for trafficking in persons from seven years to 10 years.

Labor trafficking; forced labor or service; penalties. Provides that any person who knowingly provides or obtains the labor or services of a person by means of (i) force, threats of force, physical restraint, or threats of physical restraint to that person or another person; (ii) serious harm, as defined in the bill, or threats of serious harm to that person or another person; (iii) the abuse or threatened abuse of law or legal process, as defined in the bill; or (iv) any scheme, plan, or pattern intended to cause the person to believe that if that person did not perform such labor or services that person or another person would suffer serious harm or physical restraint is guilty of labor trafficking. The bill also provides that any person who knowingly benefits from participation in a venture that has engaged in labor trafficking is guilty of receiving money from labor trafficking. The bill provides that a violation of labor trafficking or receiving money from labor trafficking is punishable as a Class 4 felony; however, any adult who commits an act of labor trafficking or receiving money from labor trafficking with a person under the age of 18 is guilty of a Class 3 felony. The bill also creates a civil cause of action against individuals who engage in labor trafficking or who receive money from labor trafficking and adds labor trafficking and receiving money from labor trafficking to provisions of the Code defining racketeering and as a barrier crime from caring for children or the elderly or disabled, among other provisions listed in the bill.