The bill, SB 810, aims to decriminalize certain commercial sexual activities and includes provisions related to human trafficking. It introduces new definitions and sections to the existing law, specifically in Chapter 11-34.1, which pertains to commercial sexual activity. Key changes include:
1. **Decriminalization of Prostitution**: The bill removes criminal penalties for engaging in prostitution and related activities, effectively decriminalizing these actions.
2. **Human Trafficking as Racketeering**: The bill classifies human trafficking as a racketeering activity, enhancing legal measures against exploitation.
3. **Expungement of Records**: It allows for the expungement of certain convictions related to commercial sexual activities after one year, providing a pathway for individuals to clear their records.
4. **New Definitions**: The bill establishes new definitions for terms related to commercial sexual activity, including "prostitution," "procurement of sexual conduct for a fee," and "loitering for prostitution."
5. **Affirmative Defense**: It introduces an affirmative defense for individuals who can demonstrate they were forced into commercial sexual activities under duress or coercion.
6. **HIV Testing**: The bill modifies existing laws regarding HIV testing for individuals convicted of certain offenses, ensuring that testing is conducted without requiring consent.
7. **Protection for Minors**: It ensures that minors involved in commercial sexual activities are not criminally liable if they are victims of trafficking or exploitation.
8. **Community Correctional Program**: The bill establishes a community correctional program specifically for women offenders, focusing on rehabilitation rather than punishment.
9. **Severability Clause**: A new section addressing severability is included, ensuring that if any provision of the bill is found invalid, the remaining provisions will still be enforceable.
10. **Reporting Requirements**: Law enforcement agencies are required to report on the enforcement of the chapter, detailing arrests, convictions, and other relevant statistics.
The bill takes effect upon passage and aims to modernize the legal framework surrounding commercial sexual activities while maintaining protections against exploitation and trafficking.
Statutes affected: 810: 11-34.1-5, 7-14-2, 7-15-1, 9-17-13, 10-1-5, 40-11-2, 42-56-20.3