Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
SYNOPSIS
Establishes New Jersey Human Trafficking Criminal Registry; requires establishment of educational curricula related to human trafficking.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the New Jersey Human Trafficking Criminal Registry, amending P.L.2013, c.51, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Attorney General shall establish and maintain the New Jersey Human Trafficking Criminal Registry. The registry shall make available to the citizens of this State, through the creation of an online database, information relating to any person convicted of certain human trafficking offenses who is either incarcerated, on parole, or participating in a residential community release program in this State.
b. Information relating to persons convicted of the following crimes shall be included on the registry: human trafficking pursuant to P.L.2013, c.51 (C.2C:13-8); providing services, resources, or assistance with the knowledge that the services, resources, or assistance are intended to be used in furtherance of the commission of the crime of human trafficking pursuant to P.L.2013, c.51 (C.2C:13-9); and advertising commercial sexual abuse of a minor pursuant to P.L.2013, c.51 (C.2C:13-10).
c. The registry shall be subdivided into four categories, which shall be subdivided as follows, and shall include the following information:
(1) Category 1 - any person incarcerated for one of the crimes set forth in subsection b. of this section: the incarcerated persons name; sentence imposed for the conviction; place of incarceration; parole eligibility or release date, as appropriate; and criminal history record information;
(2) Category 2 - any person convicted of one of the crimes set forth in subsection b. of this section who is released on parole: the parolees name; term of parole supervision; address; anticipated parole discharge date; and criminal history; and
(3) Category 3 - any person convicted of one of the crimes set forth in subsection b. of this section who is participating in a residential community release program: the persons name; sentence; address where the person is residing while participating in the program; anticipated release date; and criminal history record information.
(4) Category 4 - any person convicted in another jurisdiction of a crime that is substantially similar to those set forth in subsection b. of this section, but who, pursuant to the Interstate Corrections Compact, P.L.1973, c.15 (C.30:7C-1 et seq.), are released on parole in this State: the parolees name; term of parole supervision; jurisdiction imposing the term of parole supervision; address; anticipated parole discharge date; and criminal history record information.
d. The Attorney General may adopt guidelines to effectuate the purposes of this act.
e. No action shall be brought against a real estate broker, broker-salesperson, salesperson, seller, or lessor for failure to investigate or disclose any information from the registry that is compiled or made available to the citizens of this State pursuant to this section.
2. Section 19 of P.L.2013, c.51 (C.2C:13-12) is amended as follows:
19. a. The Police Training Commission, in consultation with the Attorney General and the Director of the Division of Criminal Justice in the Department of Law and Public Safety, shall develop and approve, as part of the police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), mandatory courses of study on the identification, handling, response procedures, investigation, and prosecution of human trafficking cases. These mandatory courses shall be reviewed at least every two years and modified from time to time as need may require.
b. (1) The Department of Community Affairs, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for owners, operators, and staff of hotels and motels as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.); or alternatively, the department, in consultation with the commission, shall approve a substantially similar one-time training course for use by hotels and motels in providing training to owners, operators, and staff. The department, in consultation with the commission, shall define by regulation which staff positions are required, as a condition of employment, to attend the one-time training course. Verifiable completion of the training course by required staff shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to owners or operators under the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.). The training course shall be reviewed at least every two years and modified by the department, in consultation with the commission, from time to time as need may require.
(2) The Department of Community Affairs, through its oversight and enforcement authority provided under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), shall be responsible for ensuring that all hotel and motel owners, operators, and required staff attend the one-time training course within one year of the enactment of this section in the case of all current owners, operators, and required staff engaging in their respective profession on the effective date of this section, and within six months of the first day of ownership, operation, or employment for all new owners, operators, and required staff who initially engage in their respective profession on a date that follows the effective date.
(3) The Department of Community Affairs shall make available the training materials for the one-time training course to hotel and motel owners, operators, and required staff in order for the owners, operators, and required staff to fulfill the one-time training requirement set forth in this subsection.
c. (1) The Department of Health, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for employees of every licensed health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including those professionals whose professional practice i