Last Action | signed by Governor (Acts Chapter 25) |
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Title | AN ACT relating to human trafficking and making an appropriation therefor. |
Bill Documents |
Bill
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Impact Statements |
Corrections Impact
Fiscal Note Local Mandate |
Bill Request Number | 922 |
Sponsors | S. Overly, A. Wuchner, J. Adams, R. Adkins, J. Arnold Jr., L. Bechler, J. Bell, R. Benvenuti III, T. Burch, D. Butler, D. Butler, J. Carney, L. Clark, H. Collins, L. Combs, T. Couch, W. Coursey, J. Crenshaw, B. Damron, J. DeCesare, M. Denham, B. DeWeese, J. Donohue, C. Embry Jr., J. Fischer, K. Flood, D. Floyd, J. Glenn, J. Gooch Jr., D. Graham, J. Greer, K. Hall, M. Harmon, R. Heath, R. Henderson, J. Hoover, D. Horlander, R. Huff, K. Imes, J. Jenkins, D. Keene, T. Kerr, K. King, M. King, A. Koenig, J. Lee, S. Lee, M. Marzian, D. Mayfield, T. McKee, D. Meade , R. Meeks, M. Meredith, C. Miller, T. Mills, B. Montell, T. Moore, R. Nelson, D. Osborne, D. Owens, R. Palumbo, R. Quarles, M. Rader, R. Rand, J. Richards, S. Riggs, T. Riner, C. Rollins II, B. Rowland, S. Santoro, J. Shell, J. Short, A. Simpson, K. Sinnette, R. Smart, D. St. Onge, J. Stacy, F. Steele, J. Stewart III, W. Stone, G. Stumbo, T. Thompson, J. Tilley, D. Watkins, G. Watkins, J. Wayne, R. Webber, S. Westrom, B. Yonts, J. York |
Summary of Original Version | Create a new section of KRS Chapter 620 to require that a child who is suspected to be a human trafficking victim be treated as a case of dependency, neglect, or abuse, and provide requirements for how to handle these cases, require the creation of administrative regulations, and require an annual report; amend KRS 620.040 to clarify duties of various agencies in child human trafficking cases and allow protective custody by law enforcement; create a new section of KRS Chapter 15A to provide requirements for the Department of Juvenile Justice when a child is suspected to be a victim of human trafficking and require promulgation of administrative regulations; amend KRS 605.030 to permit court-designated workers to screen for human trafficking; create a new section of KRS Chapter 630 to prohibit a child victim of human trafficking from being charged with or adjudicated guilty of a status offense; amend KRS 529.010 to amend the definitions relating to prostitution and human trafficking; create a new section of KRS Chapter 529 to create a fee for a conviction of human trafficking offenses; create a new section of KRS Chapter 529 to establish a human trafficking victims fund; create a new section of KRS Chapter 529 to require asset forfeiture for human trafficking offenders and to provide for distribution of the proceeds; create a new section of KRS Chapter 529 to prohibit the prosecution of a minor under prostitution statutes; amend KRS 529.020 and 529.080 to conform; amend KRS 15.334, relating to police training, to require training relating to human trafficking; amend KRS 15.706 to require the Prosecutors Advisory Council to collect data on human trafficking; amend KRS 15.718 to require human trafficking training for prosecutors; create a new section of KRS Chapter 16 to require the Department of Kentucky State Police to designate a human trafficking unit; amend KRS 421.500, relating to victims services, to include victims of human trafficking; amend KRS 421.570, relating to victim advocates, to include training on human trafficking; amend KRS 413.249, relating to civil actions relating to childhood sexual abuse or childhood sexual assault, to include child victims of human trafficking; amend KRS 421.350, relating to testimony of certain child victims, to include child victims of human trafficking offenses; amend KRS 431.082 to provide a cause of action for victims of human trafficking; amend KRS 431.600, relating to coordination of child sexual abuse investigations and prosecutions, to include advocates for human trafficking victims; create a new section of KRS Chapter 336 to require the Labor Cabinet to report incidents of human trafficking and provide for reasonable cause immunity; amend KRS 337.385 to allow a court to award punitive damages and other costs and fees to victims of human trafficking; amend KRS 516.030, relating to forgery in the second degree, to include coercing another person to make or obtain a false instrument in the commission of human trafficking; require the Cabinet for Health and Family Services to file a report on its plan to implement provisions relating to child human trafficking victims; provide that the Act may be cited as the "Human Trafficking Victims Rights Act. |
Index Headings of Original Version |
Local Mandate - Asset forfeiture and human trafficking victims fund, creation of Fiscal Note - Human Trafficking Victims Fund, creation of Local Mandate - Asset forfeiture and human trafficking victims fund, creation of Corrections Impact - Human trafficking Courts - Court designated workers, authority to screen for human trafficking victims Crime Victims - Asset forfeiture and human trafficking victims fund, creation of Crime Victims - Child victims of human trafficking, treatment as dependent, neglected or abused, Crime Victims - Human trafficking Crime Victims - Human trafficking victims advocates, inclusion in multidisciplinary team Crime Victims - Human trafficking, cause of action and statute of limitations for Crime Victims - Testimony of child victim, special procedure, inclusion of human trafficking offenses Crimes and Punishments - Forgery, inclusion of coercing another to falsify written instrument Criminal Procedure - Forgery, inclusion of coercing another to falsify written instrument Criminal Procedure - Testimony of child victim, special procedure, inclusion of human trafficking offenses Labor and Industry - Labor Cabinet, requirement to report human trafficking Legislative Research Commission - Cabinet for Health and Family Services, requirement for report on child human trafficking victims Peace Officers and Law Enforcement - Human trafficking, training in Police, State - Human trafficking unit, designate within Department of Kentucky State Police Popular Names and Short Titles - BR 922, Human Trafficking Victims Rights Act Prosecutors - Human trafficking, training in Appropriations - Human Trafficking Victims Fund, creation of Attorney, Commonwealth's - Human trafficking, training in Attorney, Commonwealth's - Victims advocates, requirement for human trafficking training Attorney, County - Human trafficking, training in Attorney, County - Victims advocates, requirement for human trafficking training Children and Minors - Human trafficking victims, treatment as dependent, neglected or abused Civil Actions - Human trafficking, cause of action and statute of limitations for Civil Procedure - Human trafficking, cause of action and statute of limitations for Crimes and Punishments - Human trafficking, provisions for safe harbor for minors Criminal Procedure - Human trafficking, provisions for safe harbor for minors Criminal Procedure - Asset forfeiture, human trafficking convictions |
Proposed Amendments |
House Committee Substitute 1 Senate Committee Substitute 1 |
Votes | Vote History |
02/07/13 |
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02/11/13 |
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02/13/13 |
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02/14/13 |
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02/15/13 |
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02/19/13 |
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02/21/13 |
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03/05/13 |
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03/06/13 |
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03/07/13 |
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03/12/13 |
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03/19/13 |
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Amendment | House Committee Substitute 1 |
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Impact Statements |
Corrections Impact
Local Mandate |
Summary | Retain original provisions except clarify that the provisions applying to children arise when there is a reasonable cause to believe a child has been the victim of human trafficking and to delete requirement for reports to the Interim Joint Committees on Judiciary and Health and Welfare. |
Index Headings |
Local Mandate - Asset forfeiture and human trafficking victims fund, creation of Fiscal Note - Human Trafficking Victims Fund, creation of Local Mandate - Asset forfeiture and human trafficking victims fund, creation of Corrections Impact - Human trafficking Courts - Court designated workers, authority to screen for human trafficking victims Crime Victims - Asset forfeiture and human trafficking victims fund, creation of Crime Victims - Child victims of human trafficking, treatment as dependent, neglected or abused, Crime Victims - Human trafficking Crime Victims - Human trafficking victims advocates, inclusion in multidisciplinary team Crime Victims - Human trafficking, cause of action and statute of limitations for Crime Victims - Testimony of child victim, special procedure, inclusion of human trafficking offenses Crimes and Punishments - Forgery, inclusion of coercing another to falsify written instrument Criminal Procedure - Forgery, inclusion of coercing another to falsify written instrument Criminal Procedure - Testimony of child victim, special procedure, inclusion of human trafficking offenses Labor and Industry - Labor Cabinet, requirement to report human trafficking Legislative Research Commission - Cabinet for Health and Family Services, requirement for report on child human trafficking victims Peace Officers and Law Enforcement - Human trafficking, training in Police, State - Human trafficking unit, designate within Department of Kentucky State Police Popular Names and Short Titles - BR 922, Human Trafficking Victims Rights Act Prosecutors - Human trafficking, training in Appropriations - Human Trafficking Victims Fund, creation of Attorney, Commonwealth's - Human trafficking, training in Attorney, Commonwealth's - Victims advocates, requirement for human trafficking training Attorney, County - Human trafficking, training in Attorney, County - Victims advocates, requirement for human trafficking training Children and Minors - Human trafficking victims, treatment as dependent, neglected or abused Civil Actions - Human trafficking, cause of action and statute of limitations for Civil Procedure - Human trafficking, cause of action and statute of limitations for Crimes and Punishments - Human trafficking, provisions for safe harbor for minors Criminal Procedure - Human trafficking, provisions for safe harbor for minors Criminal Procedure - Asset forfeiture, human trafficking convictions |
Amendment | Senate Committee Substitute 1 |
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Impact Statements |
Corrections Impact
Fiscal Note Local Mandate |
Summary | Retain original provisions except amend to modify reporting requirement, include provision for adequate funding allocation to the Cabinet for Health and Family Services through regulations; make technical corrections. |
Index Headings |
Local Mandate - Asset forfeiture and human trafficking victims fund, creation of Fiscal Note - Human Trafficking Victims Fund, creation of Local Mandate - Asset forfeiture and human trafficking victims fund, creation of Corrections Impact - Human trafficking Courts - Court designated workers, authority to screen for human trafficking victims Crime Victims - Asset forfeiture and human trafficking victims fund, creation of Crime Victims - Child victims of human trafficking, treatment as dependent, neglected or abused, Crime Victims - Human trafficking Crime Victims - Human trafficking victims advocates, inclusion in multidisciplinary team Crime Victims - Human trafficking, cause of action and statute of limitations for Crime Victims - Testimony of child victim, special procedure, inclusion of human trafficking offenses Crimes and Punishments - Forgery, inclusion of coercing another to falsify written instrument Criminal Procedure - Forgery, inclusion of coercing another to falsify written instrument Criminal Procedure - Testimony of child victim, special procedure, inclusion of human trafficking offenses Labor and Industry - Labor Cabinet, requirement to report human trafficking Legislative Research Commission - Cabinet for Health and Family Services, requirement for report on child human trafficking victims Peace Officers and Law Enforcement - Human trafficking, training in Police, State - Human trafficking unit, designate within Department of Kentucky State Police Popular Names and Short Titles - BR 922, Human Trafficking Victims Rights Act Prosecutors - Human trafficking, training in Appropriations - Human Trafficking Victims Fund, creation of Attorney, Commonwealth's - Human trafficking, training in Attorney, Commonwealth's - Victims advocates, requirement for human trafficking training Attorney, County - Human trafficking, training in Attorney, County - Victims advocates, requirement for human trafficking training Children and Minors - Human trafficking victims, treatment as dependent, neglected or abused Civil Actions - Human trafficking, cause of action and statute of limitations for Civil Procedure - Human trafficking, cause of action and statute of limitations for Crimes and Punishments - Human trafficking, provisions for safe harbor for minors Criminal Procedure - Human trafficking, provisions for safe harbor for minors Criminal Procedure - Asset forfeiture, human trafficking convictions |
Last updated: 8/27/2019 7:53 PM (EDT)