Anti-trafficking legislation endorsed

LITTLE ROCK — The Arkansas House Committee on Judiciary endorsed bills Thursday addressing culpability, fines and reparations for crimes related to human trafficking.

House Bill 1459 and House Bill 1470 passed in voice votes without audible opposition. The bills move to the full House for further action.

Rep. Charlene Fite, R-Van Buren, who is sponsoring both bills, said the measures are part of a broader legislative package advanced by the attorney general’s office to address human trafficking.

HB 1459 would change the culpable mental state from “knowing” to “knows or should know” for crimes of trafficking of persons and patronizing a victim of human trafficking.

Brooke Gasaway, assistant attorney general, said changing the mental state would help prevent offenders from feigning ignorance.

Jeff Rosenzweig with the Arkansas Association of Criminal Defense Lawyers spoke against the bill, saying the term “should know” has been found by several courts, including the U.S. Supreme Court, to be unconstitutionally vague.

Courts have instead proposed using the term “reasonably should know,” he said.

Gasaway said to her knowledge the Arkansas Supreme Court has not ruled that “should know” is unconstitutionally vague. She noted that adding “reasonably should know” could help with potential legal challenges but said “however the language is written, it will absolutely be challenged by a defense attorney going forward.”

Ryan Cooper, with the attorney general’s office, said statutes concerning domestic battery use a mental state similar to the one included in the bill.

Rosenzweig also noted the bill would remove the mental state of “knowingly” in one section of state code concerning the trafficking of persons while retaining it in another. Gasaway said the “knowingly” retained and the “knows or should know” included in the bill concern different parts of the statute.

HB 1459 also raises and adds extra fines to crimes related to human trafficking that courts would have to apply if a person guilty of the crimes offered to pay, agreed to pay or paid a fee to engage in sexual activities, Gasaway said.

The bill would raise an extra fine for trafficking of persons from $250 to not less than $5,000 nor more than $15,000. Convictions of patronizing a victim of human trafficking, grooming a minor for future sex trafficking and traveling for the purpose of an unlawful sex act with a minor also would carry this fine under the bill.

An extra fine for prostitution would be raised from $250 to $1,000 if the conviction is for a Class B misdemeanor and $2,500 if the conviction is for a Class A misdemeanor. An extra fine for solicitation of sex also would increase from $250 to $2,500.

The bill would add a $2,500 additional fine for convictions of promoting prostitution in the first and second degree. For promoting prostitution in the third degree, the new fine under the bill would be $1,000.

Fine revenues under the bill would be split equally between the Safe Harbor Fund for Sexually Exploited Children and the Human Trafficking Victim Support Fund.

Gasaway said the Safe Harbor Fund for Sexually Exploited Children is administered by the state Department of Human Services and used to help secure housing and health and social services for victims of human trafficking who are minors.

The Human Trafficking Victim Support Fund is administered by the attorney general’s office and is used to provide grants to nonprofits, religious groups and other organizations that provide services and treatment for all victims of human trafficking. The bill would allow this fund to provide money to law enforcement agencies to train and educate on human trafficking, Gasaway said.

Charisse Dean, with Family Council, spoke in favor of the bill, saying it could help bring penalties against hotel owners and home landlords who should have known their guests or tenants were engaged in human trafficking.

HUMAN TRAFFICKING REPARATIONS

HB1470 would allow any victim of human trafficking or any child who is a victim of a sex offense who does not cooperate with law enforcement officers to receive full reparations through the state Crime Victims Reparations Board.

Under current law, the board may deny, withdraw or reduce reparations to victims who don’t fully cooperate with officers.

Fite noted that human trafficking victims and children who are victims of sex offenses may be scared or coerced from talking with investigators.

The board awards reparations to victims of violent crimes who have suffered personal injury or death. Victims suffering catastrophic injuries may qualify for up to $25,000. Eligible victims may qualify for up to $10,000 for medical care, counseling and other costs for dependents of deceased victims, according to the state Department of Public Safety website.