Bill Text: DE HB87 | 2021-2022 | 151st General Assembly | Draft


Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Human Trafficking Interagency Coordinating Council.

Spectrum: Slight Partisan Bill (Democrat 20-9)

Status: (Engrossed) 2021-03-31 - Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 2 On Its Merits [HB87 Detail]

Download: Delaware-2021-HB87-Draft.html

SPONSOR:

Rep. K. Williams & Sen. Poore

Reps. Baumbach, Brady, Briggs King, Gray, Griffith, Heffernan, K. Johnson, Longhurst, Matthews, Mitchell, Morrison, Osienski, Ramone, Michael Smith, Yearick; Sens. Ennis, Hansen, Hocker, Lockman, Lopez, Pettyjohn, Pinkney, Sokola, Walsh, Wilson

HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 87

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE HUMAN TRAFFICKING INTERAGENCY COORDINATING COUNCIL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 787, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 787 Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.

(k) The Human Trafficking Coordinating Council is hereby dissolved and reestablished as the Human Trafficking Interagency Coordinating Council to assume the functions of the Human Trafficking Coordinating Council and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.

(1) The Human Trafficking Interagency Coordinating Council shall consist of 15 24 members:

a. Three representatives of the Judicial Branch, as appointed by the Chief Justice;

b. A representative of the Department of Justice to be appointed by the Attorney General;

c. A representative of the Office of Defense Services to be appointed by the Chief Defender;

d. A representative of the law-enforcement community to be appointed by the Speaker of the Delaware House of Representatives;

e. A representative of the heath-care community to be appointed by the President Pro Tempore of the Delaware State Senate;

f. A representative of the Department of Health and Social Services to be appointed by the Secretary of the Department of Health and Social Services;

g. A representative of the Department of Labor to be appointed by the Secretary of Labor;

h. A representative of the Department of Services for the Children, Youth and Their Families to be appointed by the Secretary of the Department of Services for the Children, Youth and Their Families;

i. Four members who are advocates or persons who work with victims of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment. Members shall include representation from all 3 counties of the State.

j. The representative appointed to the Council by the Secretary of the Department of Health and Social Services shall serve as the temporary Chair of the Council to guide the initial organization of the council by setting a date, time, and place for the initial organizational meeting, and by supervising the preparation and distribution of the notice and agenda for the initial organizational meeting of the council. Members of the Council shall elect a Chair and a Vice Chair from among the members of the Council at the initial organizational meeting. Thereafter, the Chair and Vice Chair shall be elected annually from among the members.

k. A representative of the Delaware Department of Education to be appointed by the Secretary of the Department of Education.

l. A representative of the Division of Professional Regulation to be appointed by the Director of the Division of Professional Regulation.

m. 2 members of the House of Representatives to be appointed by the Speaker of the House , 1 of which must be a member of the Minority Caucus.

n. 2 members of the Senate to be appointed by the President Pro Tempore of the Senate , 1 of which must be a member of the Minority Caucus.

o. A representative of the Department of Transportation to be appointed by the Secretary of the Department of Transportation.

p. A representative from the Criminal Justice Council to be appointed by the Executive Director of the Criminal Justice Council.

q. A person who has been a victim of human trafficking to be appointed by the Governor for a 3 year term and shall be eligible for reappointment.

r. The Council may include a resident of any county who has prior experience in working with victims of human trafficking in a legal or advocacy capacity.

(3) Meetings; quorum; officers; committees; procedure.

a. The Council shall meet at least 4 times per year. Seven 13 members shall constitute a quorum.

b. The Chairperson shall have the duty to convene and preside over meetings of the Council and prepare an agenda for meetings. The Department of Health and Social Services shall provide the administrative support for the Council.

c. The Vice-Chair’s duty shall be to act as Chair in the absence of the Chair.

d. The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations and developing implementation plans to achieve the purposes of the Council.

e. The Council shall submit a written report of its activities and recommendations to the Governor, General Assembly and the Chief Justice of the Supreme Court at least once every year on or before September 15.

SYNOPSIS

This bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.

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