ASSEMBLY JUDICIARY COMMITTEE
STATEMENT TO
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 2730
STATE OF NEW JERSEY
DATED: SEPTEMBER 13, 2004
The Assembly Judiciary Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 2730.
This substitute would establish new crimes concerning human trafficking and sex trafficking. Both of these activities represent a modern form of slavery, in which increasing numbers of persons, primarily women and children, are trafficked across international borders and into this State. Although there are currently laws which can be used to attempt to prosecute some of the underlying trafficking crimes such as prostitution, kidnapping, criminal restraint and criminal coercion, there is no specific law which addresses human trafficking per se.
This substitute would create a comprehensive statute tailored to specifically prohibit human trafficking and to prohibit the wide range of schemes and plans used to entice and lure the victims of human trafficking and to maintain them in their imprisoned environments. This substitute incorporates relevant portions of the "Model State Anti-Trafficking" statute into New Jersey's Criminal Code, Title 2C of the New Jersey Statutes. In so doing, the substitute creates the new crime of human trafficking. The substitute also amends the current criminal restraint statute to remove those provisions concerning involuntary servitude and place those provisions in a separate section in the criminal statutes in order to facilitate the prosecution of these offenses. In addition to insuring the prosecution of these offenses, the substitute would also amend the law to provide the same benefits such as compensation for injury to victims of human trafficking.
Section 1 of the bill amends the kidnapping statute, N.J.S.2C:13-1, to add prostitution, N.J.S.2C:34-1 and human trafficking to the grading provisions in paragraph (2) of subsection c., which provides for mandatory terms of imprisonment for kidnapping in the first degree when the victim is less than 16 years old and during the kidnapping any of the following crimes were committed against the victim: sexual assault, criminal sexual contact, endangering the welfare of a child or if the actor sells or delivers the victim to another person for pecuniary gain other than circumstances which lead to the return of the victim to a parent or other person responsible for the general supervision of the victim.
Section 2 of the bill amends N.J.S.2C:13-2, criminal restraint, to remove those provisions in the law which concern involuntary servitude. The bill places the crime of involuntary servitude in a separate section under the criminal code.
Section 3 of the bill makes it a crime of the first degree for a person to knowingly hold another in a condition of involuntary servitude by knowingly providing or obtaining the labor or services of another: (1) by causing or threatening to cause serious bodily harm or physical restraint against the person or any other person; (2) by means of any scheme, plan or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint; (3) by committing a violation of N.J.S.2C:13-5 (criminal coercion); (4) by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document or other document issued by a governmental agency to any person which could be used as a means of verifying the person's identity or age or any other personal identifying information; or (5) by means of the abuse or threatened abuse of the law or legal process. A crime of the first degree is punishable by a term of imprisonment of 10-20 years, a fine of up to $200,000 or both.
The creation by an offender of circumstances resulting in a belief by another that he must remain in a particular location would be deemed to be a holding in a condition of involuntary servitude under the provisions of this section.
This section would also provide for restitution for victims of involuntary servitude. In addition to any other authorized disposition, the court would award to victims of involuntary servitude which is the greater of: (1) the gross income or value to the defendant of the victim's labor or services; or (2) the value of the victim's labor or services as determined by the "New Jersey Prevailing Wage Act," N.J.S.A.34:11-56.25, the "New Jersey State Wage and Hour Law," N.J.S.A.34:11-56a et seq., the Seasonal Farm Labor Act, N.J.S.A.34:9A-1 et seq., the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the "Fair Labor Standards Act of 1938," 29 U.S.C.A. s.201 et seq. or any other applicable federal law.
In any prosecution under involuntary servitude, it would be an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child. This provision is currently set out as part of N.J.S.A. 2C:13-2.
Section 4 of the bill creates the new crime of human trafficking. A person would be guilty of the crime of human trafficking if he knowingly recruits, lures, entices, harbors, provides or obtains the labor or services of another which involves involuntary servitude, promoting prostitution or benefits financially or otherwise by receiving anything of value from participation as an organizer, supervisor, financier or manager in a scheme or course of conduct which involves involuntary servitude or prostitution.
Human trafficking would be a crime of the first degree. This substitute would provide for a mandatory term of imprisonment of 30 years during which time the defendant would not be eligible for parole, or a specific term between 30 years and life imprisonment, of which the defendant would serve 30 years before being eligible for parole.
Under the provisions of the bill, an offender would also be sentenced to make restitution to a victim of human trafficking, similar to the restitution which would be provided under the bill to victims of involuntary servitude. In addition, the bill also provides that victims of human trafficking may not be prosecuted for the crimes of involuntary servitude, human trafficking or prostitution.
Section 5 of the bill would amend the current prostitution statute to expand the definition of "promoting prostitution" to include encouraging, inducing, recruiting, luring, enticing, harboring, providing, or obtaining, or otherwise purposely causing another to become or remain a prostitute, including destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document or other document issued by a governmental agency to any person which could be used as a means of verifying the person's identity or age or any other personal identifying information.
This bill would also amend the gradation scheme for prostitution to more accurately reflect the changes to the definition of "promoting prostitution" and to provide consistency between the prostitution statute and the newly created human trafficking and involuntary servitude crimes. Under the new grading scheme prostitution would be a upgraded from a crime of the second degree to a crime of the first degree if: (1) the defendant knowingly promotes prostitution of a child under 18, whether or not the defendant mistakenly believed that the child was 18; or (2) the defendant promotes prostitution of his child, ward or any other person for whose care the actor is responsible.
The substitute would upgrade promoting prostitution from a crime of the third degree to a crime of the first degree if a person promotes prostitution by: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business; (2) procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate; (3) encouraging, inducing, recruiting, luring, enticing, harboring, providing, or obtaining, or otherwise purposely causing another to become or remain a prostitute, including destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document or other document issued by a governmental agency to any person which could be used as a means of verifying the person's identity or age or any other personal identifying information; (4) transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or (5) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
The bill would upgrade from a crime of the third degree to a crime of the second degree if the actor compels another to engage in or promote prostitution. The bill would not change the provisions of the statute with regard to crimes of the fourth degree. Thus, it would continue to be a crime of the fourth degree if a person solicits a person to patronize a prostitute or procures a prostitute for a patron. The third degree offense of promoting prostitution of one's spouse or engaging in prostitution with a person under the age of 18 would remain unchanged.
The prostitution laws would also be amended to require the defendant to make restitution to a victim of prostitution, similar to the restitution which would be provided to victims of involuntary servitude and human trafficking.
Section 6 of the bill would amend New Jersey's Racketeering statute, N.J.S.2C:41-1, to include human trafficking and involuntary servitude in the list of offenses which are considered "racketeering activity."
Section 7 of the bill would amend the forfeiture statute, N.J.S. 2C:64-1, to provide that any property or proceeds of any unlawful activity related to human trafficking or involuntary servitude would be subject to forfeiture.
Section 8 of the bill would amend the "Criminal Injuries Compensation Act," N.J.S.52:4B-1et seq., to specifically provide victims of human trafficking and involuntary servitude with the protections and services provided to all victims of violent crimes. This substitute amends N.J.S.A.52:4B-11 by expanding the list of these offenses to include human trafficking and involuntary servitude, thereby entitling victims of these crimes to petition the Violent Crimes Compensation Board (VCCB) for damages resulting from personal injury or death as a result of the crime committed against the victims. Once a victim petitions the board for recovery the victim may also petition the board for any expenses incurred or for any pecuniary loss resulting from personal injury to the victim. These victims of human trafficking and involuntary servitude would then gain access to all the services provided by the VCCB which includes counseling. The victims of these crimes would also have access to the Office of Victim-Witness Assistance which develops and coordinates the Statewide victim-witness rights information program. This program provides victims with representation, with information about the county offices of victim advocacy and with coordinates with the county prosecutors offices and law enforcement agencies to facilitate the victim's participation in the criminal justice system.