DE SB197 | 2013-2014 | 147th General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 24-7)
Status: Passed on June 30 2014 - 100% progression
Action: 2014-06-30 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 24-7)
Status: Passed on June 30 2014 - 100% progression
Action: 2014-06-30 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Summary
Human trafficking is a global concern that affects the United States on federal, state, and local levels, and victimizes more than 27 million people worldwide. By 2012, human trafficking had become the second fastest growing criminal activity in the United States, following drug trafficking. The Uniform Law Commission, in response to a July 2010 proposal from the American Bar Association (ABA) Center for Human Rights, began its work directed against human trafficking. The Uniform Act on Prevention of and Remedies for Human Trafficking (UAPRHT) received final approval at the ULC’s Annual Meeting in July 2013 and at the ABA’s House of Delegates in August 2013. This act, like the UAPRHT, presents the three-pronged approach that law enforcement and victims’ advocates consider essential. Under the first prong, the act seeks to prevent and to penalize the criminal conduct—trafficking, forced labor, and sexual servitude—at the core of human trafficking. The act recognizes the forms of coercion that human traffickers use, including threats, force, debt bondage, abuse of the legal process, and use of a victim’s disability/mental impairment. The bill also offers a comprehensive definition tied to the act’s provisions on forced labor and sexual servitude. Sexual servitude gives rise to an enhanced penalty when a minor is made available or maintained for the purposes of commercial sexual activity. Also included is the requirement for persons convicted to pay restitution to the victim, while the Court shall order forfeiture of real or personal property used in or derived from human trafficking activities. Under its second prong, the act provides essential protections for human trafficking victims. Consistent with Delaware’s rape shield law, the act prohibits evidence of the alleged victim’s past sexual behavior. The bill also outlines special provisions for minors, including a diversion alternative for minors who are human trafficking victims and commit prostitution or nonviolent offenses directly resulting from being a victim, and classifies such minors as neglected or abused children under the Delaware Code. Further, all victims may seek applications for pardon and may move to vacate a conviction of and expunge charges for prostitution or other non-violent offenses that directly resulted from being a human-trafficking victim. Victims are also allowed to bring civil action against their traffickers under this bill. Under its third prong, the act promotes partnerships in the fight against human trafficking, elevates public awareness, and fosters development of coordinated victim services. A permanent human-trafficking council is created to develop a systematic plan to assist victims, collect human trafficking data, and promote awareness. Public awareness signs and the national human trafficking hotline number are to be posted in locations where victims of human-trafficking are often found. The act ensures that human-trafficking victims have access to benefits and services. The act states that law enforcement officers shall provide visa information to persons reasonably believed to be human-trafficking victims. Finally, the act amends other related statutes as necessary to accomplish the purposes of the act.
Title
An Act To Amend Title 11 Of The Delaware Code Relating To Trafficking Of Individuals, Forced Labor And Sexual Servitude.
Sponsors
Roll Calls
2014-06-05 - House - House Third Reading (Y: 38 N: 0 NV: 0 Abs: 3) [PASS]
2014-05-06 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2014-05-06 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2014-06-30 | Senate | Signed by Governor |
| 2014-06-05 | House | Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT |
| 2014-06-05 | House | Amendment HA 1 - Stricken |
| 2014-05-14 | House | Reported Out of Committee (JUDICIARY) in House with 5 Favorable, 2 On Its Merits |
| 2014-05-13 | House | Amendment HA 1 - Introduced and Placed With Bill |
| 2014-05-07 | House | Introduced and Assigned to Judiciary Committee in House |
| 2014-05-06 | Senate | Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
| 2014-05-06 | Senate | Amendment SA 2 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
| 2014-05-06 | Senate | Amendment SA 2 - Introduced in Senate |
| 2014-05-06 | Senate | Amendment SA 1 - Defeated by Senate. Votes: Defeated 7 YES 13 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
| 2014-05-06 | Senate | Amendment SA 1 defeated |
| 2014-05-06 | Senate | Amendment SA 1 - Introduced in Senate |
| 2014-05-01 | Senate | Reported Out of Committee (JUDICIARY) in Senate with 1 Favorable, 3 On Its Merits |
| 2014-04-10 | Senate | Assigned to Judiciary Committee in Senate |
