ASSEMBLY, No. 3352

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED OCTOBER 11, 2012

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

Assemblywoman  LINDA STENDER

District 22 (Middlesex, Somerset and Union)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

Co-Sponsored by:

Assemblywoman Wagner, Assemblymen Caputo, McKeon, Assemblywoman Quijano and Assemblyman Gusciora

 

 

 

 

SYNOPSIS

     The “Human Trafficking Prevention, Protection, and Treatment Act.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning human trafficking and designated the “Human Trafficking Prevention, Protection, and Treatment Act,” and amending and supplementing various parts of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section) a. (1)  There is hereby created, in the Department of Law and Public Safety, a commission to be known as the Commission on Human Trafficking, consisting of 15 members as follows: the Attorney General, or his designee; the Commissioner of Children and Families, or his designee; the Commissioner of Human Services, or his designee; one member of the New Jersey Human Trafficking Task Force established within the Department of Law and Public Safety, designated by the Attorney General; two public members appointed by the Governor based upon the recommendation of the Senate President, one representing law enforcement and one representing a victim’s assistance organization; one public member appointed by the Governor based upon the recommendation of the Senate Minority Leader representing either a non-profit health care facility or mental health services; two public members appointed by the Governor based upon the recommendation of the Speaker of the General Assembly, one representing law enforcement and one representing a victim’s assistance organization; one public member appointed by the Governor based upon the recommendation of the Assembly Minority Leader representing either a non-profit health care facility or mental health services; and five public members appointed by the Governor, one of whom shall be a representative of the National Center for Missing and Exploited Children.  All public members shall possess a background in, or have specialized knowledge of, the legal, policy, educational, social, or psychological aspects of human trafficking.

     b.    (1) Of the public members first appointed:

     (a) the following shall serve for a term of three years:  one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; and three members appointed by the Governor; and

     (b) the following shall serve for a term of two years: one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; each member appointed by the Senate and Assembly Minority Leaders; and two members appointed by the Governor.


     (c) Upon the conclusion of the initial terms, each public member shall be appointed for a term of three years. 

     (2) Each member appointed shall hold office for the term of appointment and until a successor shall have been appointed and qualified.

     (3) Any vacancy in the membership of the commission shall be filled by appointment in the same manner as the original appointment was made.

     c.     (1) The commission shall organize upon the appointment of a majority of its authorized membership.  The members shall elect one of the members to serve as chair and vice-chair, and the chair may appoint a secretary, who need not be a member of the commission.

     (2)  The commission shall meet at those times and places within the State of New Jersey as the commission shall determine.  A majority of the commission’s authorized membership shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.

     d.    The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

     e.     The commission shall be entitled to accept the assistance and services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as may be made available to it and to employ legal, stenographic, technical, and clerical assistance and incur expenses as may be necessary in order to perform its duties within the limits of funds appropriated or otherwise made available to it for its purposes.

     f.     It shall be the duty of the commission to:

     (1) Evaluate the existing law concerning human trafficking and the enforcement thereof, and to make recommendations for legislation, if appropriate;

     (2) Review existing victim assistance programs and analyze the costs, organization, and availability of these services for victims of human trafficking and to make recommendations for legislation, if appropriate;

     (3) Promote a coordinated response by public and private resources for victims of human trafficking;

     (4) Develop mechanisms to promote public awareness of human trafficking; and

     (5) Administer and make expenditures from the “Human Trafficking Survivor’s Assistance Fund” established under section 2 of P.L.    , c.   (C.        ), for the provision of services to victims of human trafficking, to promote awareness of human trafficking, and the development, establishment, operation, and maintenance of the "John School Diversion Program" created pursuant to section 10 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).

     The commission shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the duties and purposes of the commission provided in this section. 

     g.     The commission shall report annually to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), its activities, as well as its findings and recommendations for any needed new services or resources for victims of human trafficking, and any proposed changes to the current law concerning human trafficking.

 

     2.    (New section)  There is established the “Human Trafficking Survivor’s Assistance Fund” as a separate, non-lapsing, dedicated fund in the General Fund, which shall be administered by the Commission on Human Trafficking created by section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).  All monies deposited in the fund pursuant to P.L.    , c.   (C.        ) (pending before the Legislature as this bill), any other enactment, or as otherwise provided from any public or private source shall be used for the provision of services to victims of human trafficking, to promote awareness of human trafficking, and the development, establishment, operation, and maintenance of the "John School Diversion Program" created pursuant to section 10 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), and done so in accordance with rules and regulations promulgated by the commission pursuant to subsection f. of section 1 of P.L.   , c.    (C.        ) (pending before the Legislature as this bill) and other applicable law.

 

     3.    Section 1 of P.L.2005, c.77 (C.2C:13-8) is amended to read as follows:

     1.    Human trafficking. a. A person commits the crime of human trafficking if he:

     (1)   knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 or to provide labor or services:

     (a)   by threats or incidents of serious bodily harm [or], physical restraint, or abduction against the person or any other person;

     (b)   by means of any scheme, fraud, deceit or other deception, 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;

     (c)   by committing a violation of N.J.S.2C:13-5 involving coercion against the person; [or]

     (d)   by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document as defined in section 1 of P.L.1997, c.1 (C.2C:21-31), 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

     (e)   by means of the abuse of power or threatened abuse of power of the law or legal process; or

     (2)   receives anything of value from participation as an organizer, supervisor, financier or manager in a scheme or course of conduct which violates paragraph (1) of this subsection; or

     (3) as a licensed owner or driver of an autocab, limousine, autobus, or any other passenger automobile as defined in R.S.39:1-1 that is subject to regulation under chapter 16 of Title 48 of the Revised Statutes, negligently participates in the transportation of another which violates paragraph (1) or (2) of this subsection; or

     (4) otherwise being a professionally licensed person, negligently permits an act of human trafficking described in paragraph (1) or (2) of this subsection, on, within, or using the person’s property or services.  For purposes of this paragraph, “professionally licensed person” means any person required by law to obtain, from a governmental department, agency, board, or commission of the State or any political subdivision of the State, a license, permit, certificate, approval, registration, charter, or similar form of business or professional authorization in order to operate a business or as a professional in this State.

     b.    An offense under this section constitutes a crime of the first degree, except that an offense under paragraph (3) or (4) of subsection a. of this section concerning criminal negligence constitutes a crime of the fourth degree.

     c.     It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.

     d.    (1)  Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of the first degree under paragraph (2) of subsection a. of this section shall be either a term of 20 years during which the actor shall not be eligible for parole, or a specific term between 20 years and life imprisonment, of which the actor shall serve 20 years before being eligible for parole.  Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for a crime of the first degree under this section shall be a fine of at least $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the “Human Trafficking Survivor’s Assistance Fund” established by section 2 of P.L.    , c.  (C.       ) (pending before the Legislature as this bill).

     (2) Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for a crime of the fourth degree under paragraph (3) or (4) of subsection a. of this section concerning criminal negligence shall be a fine of up to $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the “Human Trafficking Survivor’s Assistance Fund” established by section 2 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).  Additionally, upon conviction for this crime, the court shall revoke any license, permit, certificate, approval, registration, charter, or similar form of business or professional authorization required by law concerning the operation of that person’s business or profession. 

     e.     In addition to any other disposition authorized by law, any person who violates the provisions of this section, other than a violation of paragraph (3) or (4) of subsection a. of this section concerning criminal negligence, shall be sentenced to make restitution to any victim. The court shall award to the victim restitution 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," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.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. s.201 et seq., or any other applicable federal law.

(cf: P.L.2005, c.77, s.1)

 

     4.    (New section)  a.  Any person injured, including due to the loss of moneys or property, real or personal, as a result of a violation of the human trafficking provisions set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) may bring a civil action in any court of competent jurisdiction.  A civil action brought under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.

     b.    (1) The standard of proof in a civil action brought pursuant to this section is a preponderance of the evidence, and the fact that a prosecution for human trafficking under section 1 of P.L.2005, c.77 (C.2C:13-8) is not instituted or, whenever instituted, terminates without a conviction, shall not preclude a civil action. 

     (2) A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section.

     c.     In any civil action brought pursuant to this section, the court shall, in addition to any other appropriate legal or equitable relief, award damages in an amount that is the greater of:

     (1) the gross income or value to the defendant of the injured party's labor or services; or

     (2)   the value of the injured party's labor or services as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.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. s.201 et seq., or any other applicable federal law.

 

     5.    (New section) a. (1) A person who knowingly owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, any premises where human trafficking is regularly carried on is guilty of a crime of the first degree.

     (2) A person who knowingly leases or otherwise permits any premises controlled by the actor, alone or in association with others, to be regularly used for human trafficking, or fails to make a reasonable effort to abate this use by ejecting the tenant, notifying law enforcement authorities, or employing other legally available means, is guilty of a crime of the first degree.

     (3) As used in this section “premises” includes, but is not limited to, any residence, apartment, hotel, motel, inn, rooming house, boarding house, or other establishment for lodging.

     b.    Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for an offense under this section shall be a fine of at least $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the “Human Trafficking Survivor’s Assistance Fund” established by section 2 of P.L.    , c.  (C.       ) (pending before the Legislature as this bill).

 

     6.    Section 2 of P.L.1974, c.49 (C.2A:18-61.1) is amended to read as follows:

     2.    No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception (2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability, except upon establishment of one of the following grounds as good cause:

     a.     The person fails to pay rent due and owing under the lease whether the same be oral or written; provided that, for the purposes of this section, any portion of rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, shall not be deemed to be unpaid rent.

     b.    The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood.

     c.     The person has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises.

     d.    The person has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term.

     e.     (1) The person has continued, after written notice to cease, to substantially violate or breach any of the covenants or agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in the lease at the beginning of the lease term.

     (2)   In public housing under the control of a public housing authority or redevelopment agency, the person has substantially violated or breached any of the covenants or agreements contained in the lease for the premises pertaining to illegal uses of controlled dangerous substances, or other illegal activities, whether or not a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement conforms to federal guidelines regarding such lease provisions and was contained in the lease at the beginning of the lease term.

     f.     The person has failed to pay rent after a valid notice to quit and notice of increase of said rent, provided the increase in rent is not unconscionable and complies with any and all other laws or municipal ordinances governing rent increases.

     g.     The landlord or owner (1) seeks to permanently board up or demolish the premises because he has been cited by local or State housing inspectors for substantial violations affecting the health and safety of tenants and it is economically unfeasible for the owner to eliminate the violations; (2) seeks to comply with local or State housing inspectors who have cited him for substantial violations affecting the health and safety of tenants and it is unfeasible to so comply without removing the tenant; simultaneously with service of notice of eviction pursuant to this clause, the landlord shall notify the Department of Community Affairs of the intention to institute proceedings and shall provide the department with such other information as it may require pursuant to rules and regulations.  The department shall inform all parties and the court of its view with respect to the feasibility of compliance without removal of the tenant and may in its discretion appear and present evidence; (3) seeks to correct an illegal occupancy because he has been cited by local or State housing inspectors or zoning officers and it is unfeasible to correct such illegal occupancy without removing the tenant; or (4) is a governmental agency which seeks to permanently retire the premises from the rental market pursuant to a redevelopment or land clearance plan in a blighted area. In those cases where the tenant is being removed for any reason specified in this subsection, no warrant for possession shall be issued until P.L.1967, c.79 (C.52:31B-1 et seq.) and P.L.1971, c.362 (C.20:4-1 et seq.) have been complied with.

     h.     The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a mobile home park, provided this subsection shall not apply to circumstances covered under subsection g. of this section.

     i.      The landlord or owner proposes, at the termination of a lease, reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof, which the tenant, after written notice, refuses to accept; provided that in cases where a tenant has received a notice of termination pursuant to subsection g. of section 3 of P.L.1974, c.49 (C.2A:18-61.2), or has a protected tenancy status pursuant to [section 9 of] the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 [(C.2A:18-61.30)] (C.2A:18-61.22), or pursuant to the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), the landlord or owner shall have the burden of proving that any change in the terms and conditions of the lease, rental or regulations both is reasonable and does not substantially reduce the rights and privileges to which the tenant was entitled prior to the conversion.

     j.     The person, after written notice to cease, has habitually and without legal justification failed to pay rent which is due and owing.

     k.    The landlord or owner of the building or mobile home park is converting from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in subsection l. of this section. Where the tenant is being removed pursuant to this subsection, no warrant for possession shall be issued until this act has been complied with.  No action for possession shall be brought pursuant to this subsection against a senior citizen tenant or disabled tenant with protected tenancy status pursuant to the "Senior Citizens and Disabled Protected Tenancy Act," P.L.1981, c.226 (C.2A:18-61.22 et al.), or against a qualified tenant under the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.), as long as the agency has not terminated the protected tenancy status or the protected tenancy period has not expired.

     l.      (1) The owner of a building or mobile home park, which is constructed as or being converted to a condominium, cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master deed, agreement establishing the cooperative or subdivision plat was recorded, because the owner has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing.  However, no action shall be brought against a tenant under paragraph (1) of this subsection unless the tenant was given a statement in accordance with section 6 of P.L.1975, c.311 (C.2A:18-61.9);

     (2)   The owner of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began by rental from an owner of three or less units after the master deed or agreement establishing the cooperative was recorded, because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing;

     (3)   The owner of a building of three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing.

     m.    The landlord or owner conditioned the tenancy upon and in consideration for the tenant's employment by the landlord or owner as superintendent, janitor or in some other capacity and such employment is being terminated.

     n.     The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person harboring or permitting a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said act. No action for removal may be brought pursuant to this subsection more than two years after the date of the adjudication or conviction or more than two years after the person's release from incarceration whichever is the later.

     o.    The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault, or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two years after the adjudication or conviction or more than two years after the person's release from incarceration whichever is the later.

     p.    The person has been found, by a preponderance of the evidence, liable in a civil action for removal commenced under this act for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the landlord, the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord, or under the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who committed such an offense, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person who harbors or permits a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said "Comprehensive Drug Reform Act of 1987."

     q.    The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under N.J.S.2C:20-1 et al. involving theft of property from the landlord, the leased premises or other tenants residing in the same building or complex; or, being the tenant or lessee of such leased premises, knowingly harbors therein a person who has been so convicted or has so pleaded, or otherwise permits such a person to occupy those premises for residential purposes, whether continuously or intermittently.

     r.     The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute the crime of human trafficking under section 1 of P.L.2005, c.77 (C.2C:13-8)  within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two years after the date of the adjudication or conviction or more than two years after the person's release from incarceration whichever is the later.

     For purposes of this section, (1) "developmental disability" means any disability which is defined as such pursuant to section 3 of P.L.1977, c.82 (C.30:6D-3); (2) "member of the immediate family" means a person's spouse, parent, child or sibling, or a spouse, parent, child or sibling of any of them; and (3) "permanently" occupies or occupied means that the occupant maintains no other domicile at which the occupant votes, pays rent or property taxes or at which rent or property taxes are paid on the occupant's behalf.

(cf: P.L.2000, c.113, s.3)

 

     7.    Section 3 of P.L.1974, c.49 (C.2A:18-61.2) is amended to read as follows:

     3.    No judgment of possession shall be entered for any premises covered by section 2 of this act, except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises.  The following notice shall be required:

     a.     For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o. [or] , p. , q., or r. of section 2, three days' notice prior to the institution of the action for possession;

     b.    For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession;

     c.     For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the action;

     d.    For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;

     e.     For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's notice prior to institution of action;

     f.     For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires;

     g.     For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires;

     h.     In public housing under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations pertaining to public housing leases.

     The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.

(cf: P.L.1997, c.228, s.2)

 

     8.    N.J.S.2C:34-1 is amended to read as follows:

     2C:34-1.  Prostitution and Related Offenses.

     a.     As used in this section:

     (1)   "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

     (2)   "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

     (3)   "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

     (4)   "Promoting prostitution" is:

     (a)   Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

     (b)   Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;

     (c)   Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;

     (d)   Soliciting a person to patronize a prostitute;

     (e)   Procuring a prostitute for a patron;

     (f)    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

     (g)   Knowingly 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.

     b.    A person commits an offense if:

     (1)   The actor engages in prostitution;

     (2)   The actor promotes prostitution;

     (3)   The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;

     (4)   The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;

     (5)   The actor compels another to engage in or promote prostitution;

     (6)   The actor promotes prostitution of the actor's spouse; or

     (7)   The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.

     c.     Grading of offenses under subsection b.

     (1)   An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.

     (2)   An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.

     (3)   An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), [or] (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.

     (4)   An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree.  In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State.  Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.

     d.    Presumption from living off prostitutes.  A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.

     e.     It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or [the defendant was under the] compelled by another to engage in sexual activity, regardless of the defendant’s age [of 18].

(cf: P.L.2011, c.195, s.6)

 

     9.    (New section) a.  Any person who, on or after the effective date of this section, is convicted and serving a sentence as provided for by Title 2C of the New Jersey Statutes for engaging in prostitution under paragraph (1) of subsection b. of N.J.S.2C:34-1 may move to have the sentence reviewed by the court on the grounds that the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8).

     b.    (1)  If the court finds that the sentence under review does not serve the interests of justice, the court may vacate the conviction, resentence the defendant, or place the defendant on probation.

     (2)   In determining whether the sentence under review serves the interests of justice, the court shall consider all relevant circumstances, including whether the defendant’s victimization constituted a significant contributing factor to the defendant’s criminal behavior, regardless of whether the defendant raised this factor as a defense at trial in accordance with subsection e. of N.J.S.2C:34-1.

 

     10.  (New section) a. In addition to any other disposition authorized by law, the court shall order any person convicted of engaging a prostitute pursuant to paragraph (1) of subsection b. of N.J.S.2C:34-1 to participate in the “John School Diversion Program” established pursuant to subsection d. of this section.

     b.    In addition to any fine, fee, assessment, or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of engaging a prostitute under paragraph (1) of subsection b. of N.J.S.2C:34-1 shall be assessed a penalty of $1,000.

     c.     All penalties provided for in this section, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the “Human Trafficking Survivor’s Assistance Fund” established by section 2 of P.L.    , c.  (C.       ) (pending before the Legislature as this bill).  These monies, and other monies in the fund designated by the Commission on Human Trafficking pursuant to section 2 of P.L.    , c.   (C.        ), shall be dedicated to the development, establishment, operation, and maintenance of the "John School Diversion Program" created pursuant to subsection d. of this section.

     d.    There is hereby established an education program to be known as the "John School Diversion Program," which shall be administered by the Administrative Office of the Courts. The program shall educate defendants who have been convicted of engaging a prostitute pursuant to paragraph (1) of subsection b. of N.J.S.2C:34-1 about the risks involved in their unlawful activity.  The program shall inform the defendants of the health risks connected with the crime of prostitution, including the risk of transmittable diseases, the legal ramifications for defendants of their unlawful activity, the terms of imprisonment for subsequent offenses, and the correlation between prostitution and human trafficking.

 

     11.  (New section) a. The Legislature finds and declares that:

     (1)   There reportedly are more than 12 million victims of human trafficking and it is estimated that this figure could actually be as high as 27 million;

     (2) According to the National Center for Missing and Exploited Children, at least 100,000 human trafficking victims are American children who are an average age of 13 years old;

     (3) Advertisements for selling the services of girls as escorts on Internet websites falsely claim that these girls are 18 years of age or older, when the girls actually are minors;

     (4) The advertising of these escort services includes minors who are being sold for sex, which constitutes sex trafficking and commercial sexual abuse of minors;

     (5) Responding to political and public outcry, the Internet website craigslist.com removed its escort section, but another website with an escort section, backpage.com, has to date refused to do so;

     (6) The states of Washington and Connecticut recently enacted laws to require Internet websites, such as backpage.com, and the patrons who advertise on websites, to maintain documentation that they have proved the age of the escorts presented in the advertisements;

     (7) The State of New Jersey criminalized human trafficking in 2005; and

     (8)   Sex trafficking of minors should be eliminated in conformity with federal laws prohibiting the sexual exploitation of children.

     b. A person commits the offense of advertising commercial sexual abuse of a minor if:

     (1) the person knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in this State and which includes the depiction of a minor; or

     (2) the person knowingly purchases advertising in this State for a commercial sex act which includes the depiction of a minor.

     c.     A person who commits the offense of advertising commercial sexual abuse of a minor as established in subsection b. of this section is guilty of a crime of the first degree. Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for an offense under this section concerning criminal negligence shall be a fine of at least $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the “Human Trafficking Survivor’s Assistance Fund” established by section 2 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).

     d.    Nothing in this section shall preclude an indictment and conviction for any other offense defined by the laws of this State.

     e.     For the purposes of this section:

     "Advertisement for a commercial sex act" means any advertisement or offer in electronic or print media, including the Internet, which includes either an explicit or implicit offer for a commercial sex act to occur in this State.

     "Commercial sex act" means any act of sexual contact or sexual penetration, as defined in N.J.S.2C:14-1, or any prohibited sexual act, as defined in N.J.S.2C:24-4, for which something of value is given or received by any person.

     "Depiction" means any photograph or visual or printed matter.

     "Minor" means a person who is under 18 years of age.

     “Photograph” means a print, negative, slide, digital image, motion picture, or videotape, and includes anything tangible or intangible produced by photographing.

     “Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.

     f.     It shall not be a defense to a violation of this section that the defendant did not know the age of the minor depicted in the advertisement.

     g.     It shall be a defense to a violation of this section that the defendant made a reasonable, bona fide attempt to ascertain the true age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, production of a  driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written representations of the minor's age, or the apparent age of the minor as depicted.  The defendant shall prove the defense established this subsection by a preponderance of the evidence.

     h.     The defendant shall maintain and, upon request, produce a record of the identification used to verify the age of the person depicted in the advertisement.

 

     12.  Section 2 of P.L.1994, c.133 (C.2C:7-2) is amended to read as follows:

     2.    a. (1) A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of this section shall register as provided in subsections c. and d. of this section.

     (2)   A person who in another jurisdiction is required to register as a sex offender and (a) is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school, or (b) is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall register in this State as provided in subsections c. and d. of this section.

     (3)   A person who fails to register as required under this act shall be guilty of a crime of the third degree.

     b.    For the purposes of this act a sex offense shall include the following:

     (1)   Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;

     (2)   A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; advertising commercial sexual abuse of a minor pursuant to section 11 of P.L.    , c.     (C.     ) (pending before the Legislature as this bill); or an attempt to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this act or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this act;

     (3)   A conviction, adjudication of delinquency or acquittal by reason of insanity for an offense similar to any offense enumerated in paragraph (2) or a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of this subsection entered or imposed under the laws of the United States, this State or another state.

     c.     A person required to register under the provisions of this act shall do so on forms to be provided by the designated registering agency as follows:

     (1)   A person who is required to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program, shall register at the time the person is placed under supervision or no later than 120 days after the effective date of this act, whichever is later, in accordance with procedures established by the Department of Corrections, the Department of Human Services, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170), or the Administrative Office of the Courts, whichever is responsible for supervision;

     (2)   A person confined in a correctional or juvenile facility or involuntarily committed who is required to register shall register prior to release in accordance with procedures established by the Department of Corrections, the Department of Human Services or the Juvenile Justice Commission and, within 48 hours of release, shall also register with the chief law enforcement officer of the municipality in which the person resides or, if the municipality does not have a local police force, the Superintendent of State Police;

     (3)   A person moving to or returning to this State from another jurisdiction shall register with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police within 120 days of the effective date of this act or 10 days of first residing in or returning to a municipality in this State, whichever is later;

     (4)   A person required to register on the basis of a conviction prior to the effective date who is not confined or under supervision on the effective date of this act shall register within 120 days of the effective date of this act with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police;

     (5)   A person who in another jurisdiction is required to register as a sex offender and who is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school shall, within ten days of commencing attendance at such educational institution, register with the chief law enforcement officer of the municipality in which the educational institution is located or, if the municipality does not have a local police force, the Superintendent of State Police;

     (6)   A person who in another jurisdiction is required to register as a sex offender and who is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall, within ten days after commencing such employment or vocation, register with the chief law enforcement officer of the municipality in which the employer is located or where the vocation is carried on, as the case may be, or, if the municipality does not have a local police force, the Superintendent of State Police;

     (7)   In addition to any other registration requirements set forth in this section, a person required to register under this act who is enrolled at, employed by or carries on a vocation at an institution of higher education or other post-secondary school in this State shall, within ten days after commencing such attendance, employment or vocation, register with the law enforcement unit of the educational institution, if the institution has such a unit.

     d.    (1) Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and shall re-register with the appropriate law enforcement agency no less than 10 days before he intends to first reside at his new address. Upon a change of employment or school enrollment status, a person shall notify the appropriate law enforcement agency no later than five days after any such change.  A person who fails to notify the appropriate law enforcement agency of a change of address or status in accordance with this subsection is guilty of a crime of the fourth degree.

     (2)   A person required to register under this act shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with Internet capability. A person who fails to notify the appropriate law enforcement agency of such information or of a change in the person's access to or use of a computer or other device with Internet capability or who provides false information concerning the person's access to or use of a computer or any other device with Internet capability is guilty of a crime of the fourth degree.

     e.     A person required to register under paragraph (1) of subsection b. of this section or under paragraph (3) of subsection b. due to a sentence imposed on the basis of criteria similar to the criteria set forth in paragraph (1) of subsection b. shall verify his address with the appropriate law enforcement agency every 90 days in a manner prescribed by the Attorney General.  A person required to register under paragraph (2) of subsection b. of this section or under paragraph (3) of subsection b. on the basis of a conviction for an offense similar to an offense enumerated in paragraph (2) of subsection b. shall verify his address annually in a manner prescribed by the Attorney General.  One year after the effective date of this act, the Attorney General shall review, evaluate and, if warranted, modify pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the verification requirement. Any person who knowingly provides false information concerning his place of residence or who fails to verify his address with the appropriate law enforcement agency or other entity, as prescribed by the Attorney General in accordance with this subsection, is guilty of a crime of the fourth degree.

     f.     Except as provided in subsection g. of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.

     g.     A person required to register under this section who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense as defined in subsection b. of this section or who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this section to make application to the Superior Court of this State to terminate the registration obligation.

(cf: P.L.2007, c.219, s.2)

 

     13.  N.J.S.2C:24-4 is amended to read as follows:

     2C:24-4.  Endangering Welfare of Children.

     a.     Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and section 1 of P.L.1974, c.119 [, s.1] (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

     b.    (1) As used in this subsection:

     "Child" means any person under 16 years of age.

     "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

     "Prohibited sexual act" means

     (a)   Sexual intercourse; or

     (b)   Anal intercourse; or

     (c)   Masturbation; or

     (d)   Bestiality; or

     (e)   Sadism; or

     (f)    Masochism; or

     (g)   Fellatio; or

     (h)   Cunnilingus; or

     (i)    Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or

     (j)    Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.

     "Reproduction" means, but is not limited to, computer generated images.

     (2)   (Deleted by amendment, P.L.2001, c.291).

     (3)   A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance.  If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.

     (4)   Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.

     (5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.

     (b)   Any person who knowingly possesses or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the [fourth] third degree.

     (6)   For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16.  If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.

(cf: P.L.2001, c.291, s.1)

 

     14.  Section 1 of P.L.1985, c.126 (C.2A:84A-32.4) is amended to read as follows:

     1.    a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, [or] human trafficking involving sexual activity, child abuse, or in any action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a witness on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in subsection b. of this section.

     b.    An order under this section may be made only if the court finds that the witness is 16 years of age or younger and that there is a substantial likelihood that the witness would suffer severe emotional or mental distress if required to testify in open court.  The order shall be specific as to whether the witness will testify outside the presence of spectators, the defendant, the jury, or all of them and shall be based on specific findings relating to the impact of the presence of each.

     c.     A motion seeking closed circuit testimony under subsection a. of this section may be filed by:

     (1)  The victim or witness or the victim's or witness's attorney, parent or legal guardian;

     (2)  The prosecutor;

     (3)  The defendant or the defendant's counsel; or

     (4)  The trial judge on the judge's own motion.

     d.    The defendant's counsel shall be present at the taking of testimony in camera.  If the defendant is not present, he and his attorney shall be able to confer privately with each other during the testimony by a separate audio system.

     e.     If testimony is taken on closed circuit television pursuant to the provisions of this act, a stenographic recording of that testimony shall also be required.  A typewritten transcript of that testimony shall be included in the record on appeal.   The closed circuit testimony itself shall not constitute part of the record on appeal except on motion for good cause shown.

(cf: P.L.1985, c.126, s.1)

    

     15.  N.J.S.2C:14-7 is amended to read as follows:

     2C:14-7. a.  In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking involving sexual activity, endangering the welfare of a child in violation of N.J.S.2C:24-4, or the fourth degree crime of lewdness in violation of subsection b. of N.J.S.2C:14-4, evidence of the victim's previous sexual conduct shall not be admitted nor reference made to it in the presence of the jury except as provided in this section.  When the defendant seeks to admit such evidence for any purpose, the defendant must apply for an order of the court before the trial or preliminary hearing, except that the court may allow the motion to be made during trial if the court determines that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence.  After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence.  If the court finds that evidence offered by the defendant regarding the sexual conduct of the victim is relevant and highly material and meets the requirements of subsections c. and d. of this section and that the probative value of the evidence offered substantially outweighs its collateral nature or the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the victim, the court shall enter an order setting forth with specificity what evidence may be introduced and the nature of the questions which shall be permitted, and the reasons why the court finds that such evidence satisfies the standards contained in this section.  The defendant may then offer evidence under the order of the court.

     b.    In the absence of clear and convincing proof to the contrary, evidence of the victim's sexual conduct occurring more than one year before the date of the offense charged is presumed to be inadmissible under this section.

     c.     Evidence of previous sexual conduct with persons other than the defendant which is offered by any lay or expert witness shall not be considered relevant unless it is material to proving the source of semen, pregnancy or disease.

     d.    Evidence of the victim's previous sexual conduct with the defendant shall be considered relevant if it is probative of whether a reasonable person, knowing what the defendant knew at the time of the alleged offense, would have believed that the alleged victim freely and affirmatively permitted the sexual behavior complained of.

     e.     Evidence of the manner in which the victim was dressed at the time an offense was committed shall not be admitted unless such evidence is determined by the court to be relevant and admissible in the interest of justice, after an offer of proof by the proponent of such evidence outside the hearing of the jury or at such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination.  A statement by the court of its findings shall also be included in the record.

     f.     For the purposes of this section, "sexual conduct" shall mean any conduct or behavior relating to sexual activities of the victim, including but not limited to previous or subsequent experience of sexual penetration or sexual contact, use of contraceptives, sexual activities reflected in gynecological records, living arrangement and life style.

(cf: P.L.1995, c.237, s.1)

 

     16.  (New section) a. The Attorney General shall, in consultation with the Commission on Human Trafficking established by section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), establish and maintain the participation of the State with either an existing national, 24-hour toll-free hotline telephone service on human trafficking that is operating on or after the effective date of this section or any federally required hotline telephone service, and shall take appropriate action to publicize the service. 

     b.    Unless otherwise established by a federally required hotline telephone service under federal law, the hotline selected by the Attorney General, in consultation with the commission, shall be capable of receiving information from members of the public who have knowledge of or who believe that an act of human trafficking in violation of section 1 of P.L.2005, c.77 (C.2C:13-8) is being or has been committed.  The hotline service shall also be capable of receiving and responding to requests for information from members of the public concerning human trafficking.

     c.     The Attorney General shall, pursuant to any funds appropriated or otherwise made available, establish an educational and public information program concerning the crime of human trafficking set out in section 1 of P.L.2005, c.77 (C.2C:13-8).

 

     17.  (New section) a. (1) The Attorney General and the Director of the Division of Criminal Justice in the Department of Law and Public Safety shall develop and approve a training course and curriculum on the handling, response procedures, investigation, and prosecution of human trafficking cases for law enforcement agencies. This training course shall be reviewed at least every two years and modified by the Attorney General and Director of the Division of Criminal Justice from time to time as need may require.

     (2) The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual inservice training of at least four hours as described in this section.

     (3) The Division of Criminal Justice shall distribute the training materials and curriculum to all State, county, and local law enforcement agencies.

     b.    (1) The Division of Criminal Justice, in consultation with the Department of Community Affairs, shall develop and approve a training course on the handling and response procedures of suspected human trafficking activities for owners, operators, and staff of hotels and motels as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.). This training course shall be reviewed at least every two years and modified by the Division of Criminal Justice, in consultation with the Department of Community Affairs, from time to time as need may require.

     (2) The Department of Community Affairs shall be responsible for ensuring that all hotel and motel owners, operators, and staff attend initial training within 90 days of enactment of this section, and annual inservice training of at least four hours as described in this section.

     (3) The Department of Community Affairs shall distribute the training materials and curriculum to all hotels and motels in the State.

     c.     (1)  The Division of Criminal Justice, in consultation with the Department of Human Services, shall develop and approve a training course on the handling and response procedures of suspected human trafficking activities for employees of every licensed health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including those professionals whose professional practice is regulated pursuant to Title 45 of the Revised Statutes.  This training course shall be reviewed at least every two years and modified by the Division of Criminal Justice, in consultation with the Department of Human Services.

     (2) The Department of Human Services shall be responsible for ensuring that all employees of licensed health care facilities attend initial training within 90 days of enactment of this section, and annual inservice training of at least four hours as described in this section.

     (3) The Department of Human Services shall distribute the training materials and curriculum to all licensed health care facilities in the State.

     d. (1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum on the handling, investigation, and response procedures and prosecution of human trafficking cases for all judges and all judicial personnel. This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require.

     (2) The Administrative Office of the Courts shall be responsible for ensuring that all judges and judicial personnel attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section.  

     e.     The Division of Criminal Justice, the Department of Community Affairs, the Department of Human Services, and the Administrative Office of the Courts shall provide that all training on the handling of human trafficking cases shall include information concerning the impact of human trafficking on society, the statutory and case law concerning human trafficking, policies and procedures as promulgated or ordered by the Attorney General, the Department of Community Affairs, the Department of Human Services, or the Supreme Court, or the federal government and the use of available community resources, support services, sanctions, and treatment options for victims of human trafficking.

 

     18.  Section 9 of P.L.1985, c.404 (C.52:4B-47) is amended to read as follows:

     9.    a. The curriculum for police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.) shall include training on responding to the needs of crime victims, and specific training on responding to the needs of victims of human trafficking as defined in section 1 of P.L.2005, c.77 (C.2C:13-8), and on services available to provide assistance, including information on federal, State, and local hotlines available to receive reports of and provide assistance to victims of human trafficking.

     b.    In-service training shall be made available for police officers, assistant prosecutors, county detectives and investigators on specialized needs of crime victims and available services.

(cf: P.L.1985, c.404, s.9)

 

     19.  (New section) a. An applicant for licensure as a massage and bodywork therapist or registration as an employer offering massage and bodywork therapies under P.L.1999, c.19 (C.45:11-53 et seq.) and P.L.2007, c.337 (C.45:11-68 et seq.) shall not be eligible for licensure or registration, as the case may be, and any holder of a license or registration under P.L.1999, c.19 (C.45:11-53 et seq.) and P.L.2007, c.337 (C.45:11-68 et seq.) shall have his license or registration revoked if the New Jersey Board of Massage and Bodywork Therapy determines, consistent with subsection f. of section 8 of P.L.1978, c.73 (C.45:1-21), that criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may disqualify that individual from being licensed or registered.

     b.    An applicant and holder of a license or registration who is required to undergo a criminal history record background check pursuant to subsection a. of this section shall submit to the board his name, address, and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency or by a private entity under contract with the State.  The board is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required pursuant to this section.

     c.     Upon receipt of the criminal history record information for a person from the Federal Bureau of Investigation or the Division of State Police, the board shall notify the applicant, licensee, or registered individual, as applicable, in writing, of the person’s qualification or disqualification for licensure or registration under this section.

     d.    If an applicant, licensee, or registered individual refuses to consent to, or cooperate in, the securing of a criminal history record background check, the board shall not issue a license or registration, as the case may be, or other authorization to the applicant, licensee, or registered individual.

     e.     All costs associated with performing the criminal history record background check required by this section shall be borne by the applicant for licensure or registration or the holder of any license or registration.

     f.     The New Jersey Board of Massage and Bodywork Therapy, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.

 

     20.  Sections 1 and 2 of this act shall take effect immediately, and the remaining sections shall take effect on the first day of the second month next following the date of enactment, but the Attorney General, Commissioner of Community Affairs, Commissioner of Human Services, the Director of the Administrative Office of the Courts, and  the New Jersey Board of Massage and Bodywork Therapy may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill revises and expands the State’s human trafficking law by creating a new human trafficking commission, criminalizing additional activities related to human trafficking as well as upgrading certain penalties on existing human trafficking or related crimes, increasing protections afforded to victims of human trafficking, and providing for increased training and public awareness on human trafficking issues.

     Section 1: The commission. This section would establish a 15-member Commission on Human Trafficking, to be located in the Department of Law and Public Safety. The commission would be directed to evaluate the existing law concerning human trafficking and the enforcement thereof, and to make recommendations for legislation, if appropriate. The commission would also be charged with the responsibility of reviewing existing victim assistance programs, and promoting a coordinated response by public and private resources for victims of human trafficking.  In addition, the commission would administer and make expenditures from the “Human Trafficking Survivor’s Assistance Fund” established by the bill (see section 2). 

     The commission would consist of: the Attorney General, or his designee; the Commissioner of Children and Families, or his designee; the Commissioner of Human Services, or his designee; one member of the existing New Jersey Human Trafficking Task Force in the Department of Law and Public Safety, designated by the Attorney General; two public members appointed by the Governor based upon the recommendation of the Senate President, one representing law enforcement and one representing a victim’s assistance organization; one public member appointed by the Governor based upon the recommendation of the Senate Minority Leader representing either a non-profit health care facility or mental health services; two public members appointed by the Governor based upon the recommendation of the Speaker of the General Assembly, one representing law enforcement and one representing a victim’s assistance organization; one public member appointed by the Governor based upon the recommendation of the Assembly Minority Leader representing either a non-profit health care facility or mental health services; and five public members appointed by the Governor, one of whom shall be a representative of the National Center for Missing and Exploited Children.  All public members would also be required to possess a background in, or have specialized knowledge of, the legal, policy, educational, social, or psychological aspects of human trafficking.

     The commission would be required to annually report to the Governor and the Legislature as to its activities, as well as its findings and recommendations for any needed new laws, services, or resources for victims of human trafficking.

     Section 2: The “Human Trafficking Survivor’s Assistance Fund.”  This section would establish a separate, non-lapsing, dedicated fund in the General Fund known as the “Human Trafficking Survivor’s Assistance Fund.”  The Commission on Human Trafficking would administer the fund, using the monies for the provision of services to victims of human trafficking, to promote awareness of human trafficking, and the development, establishment, operation, and maintenance of the "John School Diversion Program" created pursuant to section 10 of the bill.

     Section 3: Human trafficking – expanding criminal liability.  The existing definition of human trafficking would be expanded by this section.  It would incorporate actions involving abduction, fraud, deceit or other deception, and abuses of power, as recognized means of accomplishing human trafficking.

     This section would also establish criminal negligence for licensed owners or drivers of commercial passenger vehicles with respect to the negligent participation in transporting human trafficking victims, and make any other professionally licensed person criminally liable for negligently permitting an act of human trafficking on, within, or using that person’s property or services.  A “professionally licensed person” is defined under the section as any person required by law to obtain, from a governmental department, agency, board, or commission of the State or any political subdivision of the State, a license, permit, certificate, approval, registration, charter, or similar form of business or professional authorization in order to operate a business or as a professional in this State.

     Criminal negligence in this context means that the commercially licensed vehicle owner or driver, or other professionally licensed person, should be aware of a substantial and unjustifiable risk that a material element of an act of human trafficking exists or will result from the person’s conduct; this risk must be of such a nature and degree that the professionally licensed person’s failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe if in that professionally licensed person’s situation.  See N.J.S.2C:2-2. 

     Negligently permitting an act of human trafficking would be established as a crime of the fourth degree.  Such crime is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  See N.J.S.2C:43-3 and -6.  However, while the section does not modify the ordinary term of imprisonment, it does alter the possible fine amount.  Pursuant to the section’s provisions, an offender, notwithstanding the ordinary fine amount, would be subject to a fine of up to $25,000, to be deposited in the “Human Trafficking Survivor’s Assistance Fund.”  Additionally, upon conviction, the court would revoke any license, permit, certificate, approval, registration, charter, or similar form of business or professional authorization required by law concerning the operation of that person’s business or profession.

     Finally, the section increases the minimum fine amount for any other form of criminal human trafficking already established in law by this section as a crime of the first degree (e.g., recruiting persons for trafficking, financing a trafficking operation).  A crime of the first degree is ordinarily punishable by a fine of up to $200,000, but the bill’s provisions would establish that the fine be at least $25,000, with the added directive that the monies be deposited in the “Human Trafficking Survivor’s Assistance Fund.”

     Section 4: Civil action for human trafficking.  This section would establish a new civil action for human trafficking, permitting any person injured as a result of human trafficking, including acts resulting in the loss of money or property, real or personal, to file an action in any court of competent jurisdiction.  The action could be brought whether or not a criminal prosecution of human trafficking occurred.

     In any such civil action, in addition to any other appropriate legal or equitable relief, an award of damages would include an amount reflecting the income or value of the injured party’s labor or services to the defendant, similar to the victim’s restitution required of a criminal defendant upon conviction of a human trafficking violation.

     Section 5: Ownership and leasing of premises for human trafficking. This section would create two crimes concerning premises used for human trafficking, including a residential home, apartment, hotel, or motel: (1) a person who knowingly owns, controls, manages, or supervises any premises where human trafficking is regularly carried on; and (2) a person who knowingly leases or otherwise permits any premises controlled by the actor, alone or in association with others, to be regularly used for human trafficking, or fails to make a reasonable effort to abate such use by ejecting the tenant or notifying law enforcement authorities.  Both would be categorized as a crime of the first degree, ordinarily punishable by a term of imprisonment for 10 to 20 years, a fine of up to $200,000, or both; however, the bill’s provisions would establish that the fine be at a minimum $25,000.  All fines from a violation of this section would be deposited in the “Human Trafficking Survivor’s Assistance Fund.”

     These crimes are based on similar crimes in the statutory scheme concerning prostitution found in N.J.S.2C:34-1, but would be focused on human trafficking, which, as described in section 1 of P.L.2005, c.77 (C.2C:13-8), does not just incorporate engaging in sexual activity but may include forced labor or services by victims.

     Sections 6 and 7: Removal of tenants due to human trafficking. These sections amend sections 2 and 3 of P.L.1974, c.49 (C.2A:18-61.1 and -61.2) concerning the grounds and expedited timing for removal of tenants, to add a conviction for human trafficking within or upon a leased premises, building, or complex of buildings as a basis for removal. 

     The inclusion of a human trafficking conviction would add to the current law’s list of various criminal offenses for which tenant removal is expressly permitted.  These other offenses include: drug offenses; offenses under N.J.S.2C:12-1 (assault) or N.J.S.2C:12-3 (terroristic threats) against the landlord, a member of the landlord's family, or an employee of the landlord; and offenses under N.J.S.2C:20-1 et al. involving theft of property from the landlord, the leased premises, or other tenants residing in the same premises, building, or complex.

     Section 8: Prostitution.      This section amends N.J.S.2C:34-1 concerning prostitution. 

     The definition of “prostitution” would be expanded to recognize that the prohibited sexual activity may be performed in exchange for something of economic “or other value,” intending that a direct economic benefit need not be derived in order to establish the crime of prostitution.

     It would also upgrade the criminal penalty for two existing types of promoting prostitution.  First, transporting a person into or within this State with the purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose would be upgraded from a crime of the fourth degree to a crime of the third degree (imprisonment of three to five years; fine of up to $15,000; or both).  Second, knowingly 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 through other legally available means would also be upgraded from a crime of the fourth degree crime to a crime of the third degree (same sentencing parameters as above). 

     In addition, the amendments would expand the availability of an affirmative defense against a prosecution for engaging in prostitution, by allowing any person, regardless of age, to claim the defense of being a victim compelled to engage in sexual activity.

     Section 9: Procedure to vacate a criminal conviction for prostitution due to being a human trafficking victim.  This section would permit any person, convicted and serving a sentence as provided for by the Criminal Code (Title 2C) for engaging in prostitution, to move to have the sentence reviewed by a court and vacated, reduced, or altered, on the grounds that the defendant was a victim of human trafficking.  A court would consider all relevant circumstances in making a determination, including whether the defendant’s victimization constituted a significant contributing factor to the criminal behavior, regardless of whether the defendant raised this factor as a defense at trial.

     Section 10: John School Diversion Program. This section would require a person who is convicted of engaging a prostitute (“johns”) to participate in a newly established “John School Diversion Program.”  The section would impose a penalty of $1,000 on each defendant, to be deposited in the “Human Trafficking Survivor’s Assistance Fund.”  These monies (and others in the fund) would be dedicated to the development, establishment, operation, and maintenance of the program. 

      The program would be administered by the Administrative Office of the Courts. The program would educate those persons who have been convicted of engaging a prostitute about the risks involved in their unlawful activity. Defendants would be informed about the health risks connected with the crime, the legal ramifications of their unlawful activity, the terms of imprisonment for subsequent offenses, and the correlation between prostitution and human trafficking. 

     The program is modeled after similar “john school” programs which have been implemented in Buffalo, New York; Brooklyn, New York; Pittsburgh, Pennsylvania; and West Palm Beach, Florida.

     Sections 11 and 12: Advertising commercial sexual abuse of a minor. This section would make it a crime of the first degree (imprisonment of 10 to 20 years; fine of at least $25,000 but not more than $200,000; or both) to commit an offense related to advertising commercial sexual abuse of a minor.  A person would be guilty of this offense if the person: (1) knowingly publishes, disseminates, or displays, or causes directly or indirectly, to be published, disseminated, or displayed, any advertisement for a commercial sex act, which is to take place in this State and which includes the depiction of a minor; or (2) knowingly purchases advertising in this State for a commercial sex act which includes the depiction of a minor.  An “advertisement for a commercial sex act" is defined as any advertisement or offer in electronic or print media, including the Internet, which includes either an explicit or implicit offer for a commercial sex act to occur in this State.  A “commercial sex act” is defined as any act of sexual contact, sexual penetration, or other prohibited act that can endanger a minor and for which something of value is given or received by any person. 

     The section specifies that it would not be a defense that the defendant did not know the actual age of the minor depicted in an advertisement; however, it would be a defense if the defendant made a reasonable, bona fide attempt to ascertain the actual age of the minor depicted in the advertisement by requiring, prior to publication, dissemination, or display of the advertisement, a production of a driver's license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement.  To invoke this defense, the defendant would be required to produce for inspection by law enforcement a record of the identification used to verify the age of the person depicted in the advertisement.

     As with several of the other crimes created or modified by this bill, the fine imposed for advertising commercial sexual abuse of a minor (at least $25,000) would be deposited in the “Human Trafficking Survivor’s Assistance Fund.”

     The sponsor intends this section to address the problem of escort services whose advertisements include minors being sold for sex, which constitutes a form of sex trafficking and abuse.

     This section is modeled after a recently enacted Washington state law, 2012 Wash. Laws c.138 (Wash. Rev. Code Ann. 9.68A.104), and Connecticut state law, 2012 Conn. Acts 12-141 (not yet allocated, effective October 1, 2012), that created criminal offenses related to advertising commercial sexual abuse of a minor.

     Section 13: Endangering the welfare of children. This section would increase the criminal penalties for some offenses concerning endangering the welfare of children.  It increases, from a crime of the fourth degree to a crime of the third degree (imprisonment of three to five years; fine of up to $15,000; or both), knowingly possessing or knowingly viewing any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act.

     Sections 14 and 15: Protecting victims who testify in prosecutions. This section takes existing criminal procedures established to protect victims, particularly minors, participating in the prosecution of various crimes (usually those involving sexual victimization, such as sexual assault or endangering the welfare of children), and would expand these procedures to cover prosecutions for human trafficking.

     Thus, whenever the crime of human trafficking involved sexual activity (as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1), the section would permit, upon appropriate application, closed circuit testimony by a minor victim taken outside the presence of spectators, the criminal defendant, the jury, or all such parties.  Additionally, for any victim regardless of age, the section, expanding the State’s rape shield law, would prevent admissibility in evidence of previous sexual conduct or manner of dress, unless the value of such evidence is first determined by a court to be “relevant and highly material” and the value of its submission substantially outweighed the probability it would create an unwarranted invasion of privacy of the victim, undue prejudice, or other concern related to the administration of justice in prosecuting the case.

     Section 16: Human trafficking hotline. This section would require the Attorney General, in consultation with the Commission on Human Trafficking (see section 1 of the bill), to establish and maintain the participation of the State with either an existing, national 24-hour toll-free telephone hotline service on human trafficking, or any federally required hotline telephone service created under federal law.  Unless otherwise established by a federally required hotline telephone service under federal law, the hotline telephone service selected by the Attorney General, in consultation with the commission, would be required to receive information from members of the public who have knowledge of or who believe that an act of human trafficking is being or has been committed.  The hotline would also be required to receive and respond to requests for information from members of the public concerning human trafficking.  In addition, the section would require the Attorney General, pursuant to any funds appropriated or otherwise made available, to establish an educational and public information program concerning the crime of human trafficking.

     Section 17: Training programs on human trafficking for governmental and non-governmental personnel.  This section would require the Division of Criminal Justice, the Department of Community Affairs, the Department of Human Services, and the Administrative Office of the Courts to develop and approve training courses and curricula on the handling, response, investigation, and prosecution of human trafficking for various governmental and non-governmental personnel, including law enforcement officers, judges and judicial personnel, hotel and motel owners, operators and staff, and licensed health care facility employees. The courses and curricula would include information concerning the impact of human trafficking on society, the statutory and case law concerning human trafficking, policies and procedures of the State, and the use of available community resources, support services, sanctions, and treatment options for victims of human trafficking. 

     The Attorney General would be responsible for the training of law enforcement officers.  The training for judges and judicial personnel would be the responsibility of the Administrative Office of the Courts.  The training for hotel and motel owners, operators, and staff would be the responsibility of the Department of Community Affairs.  The training for employees of licensed health care facilities, including those professionals whose professional practice is regulated pursuant to Title 45 of the Revised Statutes, would be the responsibility of the Department of Human Services.

     Section 18: Expanding police training curricula to include human trafficking victims’ assistance. This section would provide that the curricula for police training courses shall also include specific training on responding to the needs of victims of the crime of human trafficking.           

     Section 19: Massage and bodywork therapist background checks. This section would require applicants, and those persons already licensed as massage and bodywork therapists or registered as employers offering massage and bodywork therapies under the provisions of the “Massage and Bodywork Therapist Licensing Act,” P.L.1999, c.19 (C.45:11-53 et seq.) and P.L.2007, c.337 (C.45:11-68 et seq.), to submit to a State and federal criminal history background check, to determine whether those persons are fit to be so licensed or registered.  The section provides that if the New Jersey Board of Massage and Bodywork Therapy found an applicant for licensure as a massage and bodywork therapist or an individual already so licensed, or an applicant for registration or an individual already so registered as an employer offering massage and bodywork therapies, to have been convicted of, or engaged in acts constituting any crime or offense involving moral turpitude or relating adversely to the activities regulated by the board, that applicant would not be eligible for such licensure or registration, and an individual who already holds a license or registration would have that license or registration revoked. 

     If an applicant, licensee, or registered individual refused to consent to, or cooperate in, the securing of a criminal history record background check, the board would not issue a license or registration, as the case may be, or other authorization to the applicant, licensee, or registered individual.

     All costs associated with performing a criminal history record background check would be borne by the applicant for licensure or registration or the holder of any license or registration.

      Section 20: Effective date.   Sections 1 and 2 of the bill, establishing the Commission on Human Trafficking and the “Human Trafficking Survivor’s Assistance Fund,” would take effect immediately, and the remaining sections would take effect on the first day of the second month next following the date of enactment, but the Attorney General, Commissioner of Community Affairs, Commissioner of Human Services, Director of the Administrative Office of the Courts, and New Jersey Board of Massage and Bodywork Therapy could take any anticipatory administrative action in advance thereof as shall be necessary for the bill’s implementation.