In January of 2016, the National Conference of State Legislatures (NCSL) published a list of the top ten issues that will be before state legislatures across the nation this year. Since Pennsylvania will close out the 2015-2016 session this fall, it’s worth a look to see what our own elected officials are doing to address each of the issues. The next topic up for consideration: Human Trafficking.
The federal Preventing Sex Trafficking and Strengthening Families Act is a 2014 law that provides states with guidelines to identify children who are either victims of sex trafficking or at risk of becoming a victim of sex trafficking. It dictates how state and local officials should work together to identify these children in the child welfare or criminal justice systems.
Human trafficking has been an issue before the state legislature for years by now. Looking back a session or two, in the summer of 2012, Pennsylvania’s Joint State Government Commission published its report on human trafficking in Pennsylvania, and by the end of 2012, Act 197 had become law, requiring that bars, taverns, hotels, airports and similar establishments post information and the telephone number of the National Human Trafficking Resource Center Hotline.
By the end of the following session, Act 105 of 2014 was in place, which adds a new comprehensive chapter to the Pennsylvania Crimes Code addressing human trafficking. Act 105 provides that it is a second degree felony-punishable by a term of imprisonment of up to ten years in Pennsylvania to recruit, transport, harbor or solicit an individual knowing they will be subject to involuntary servitude. A term of art, “involuntary servitude” includes labor servitude or sexual servitude. Further, if any of these activities result in a minor being subjected to sexual servitude, the offense rises to a felony of the first degree, carrying a punishment of at least ten years imprisonment. The act also carries penalties for destroying documents like passports or government issued identification cards in an effort to limit the identified person’s ability to move or travel; a felony of the third degree, which carries a penalty of up to seven years imprisonment. In addition to criminal penalties, the act also provides for seizure of assets and professional licenses, restitution and a civil cause of action for a victim of human trafficking. Beyond punishing human trafficking, the act also authorizes the Pennsylvania Commission on Crime and Delinquency to make grants to local governments to develop programs to prevent human trafficking.
This session, the legislature has made efforts to advance the particular goals of the Preventing Sex Trafficking and Strengthening Families Act. In December of 2015, the General Assembly passed H.B. 477 (Hickernell, R-Dauphin), designed to bring Pennsylvania into compliance with the federal act. Now Act 75 of 2015, has a main focus of promoting normalcy for children in the foster or institutional care, who are the most likely to become victims of human trafficking. The act authorizes caregivers of children who are in an out-of-home placement (such as foster care) to decide whether the child may participate in “age appropriate” or “developmentally appropriate” extracurricular, cultural and social activities, without getting approval from the county agency or the court. It also requires that caregivers use a “reasonable and prudent parent standard” when determining the suitability of participation in activities.
Currently, stakeholders continue to develop training on human trafficking issues for people at all levels of state and local government. Advocates continue to support the passage of S.B. 851, (Greenleaf (R-Montgomery) and Leach (D-Montgomery)), which provides for a safe harbor for victims of human trafficking under the age of 18. Additionally, the bill would bar prosecution of minors for committing certain crimes as a result of being a victim of human trafficking. While the bill was reported from the Senate Judiciary Committee earlier this session, it has been since been parked in the Senate Appropriations Committee. It’s unclear at this time whether any additional movement on human trafficking legislation is expected during session this fall; if not, we expect Sen. Greenleaf and Sen. Leach will continue to advance their safe harbor bill in the next session.