VIOLATIONS BY CORPORATIONS Present law authorizes a corporation to be prosecuted for an act or omission involving trafficking persons for forced labor or services or trafficking for commercial sex act constituting a crime under state kidnapping and false imprisonment law only if (i) an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of the agent's office or employment and on behalf of the corporation and (ii) the commission of the crime was either authorized, requested, commanded, performed or within the scope of the agent's employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring. Beginning July 1, 2025, this bill also authorizes a corporation to be so prosecuted for an act or omission involving human smuggling, as detailed in this bill. HUMAN TRAFFICKING OFFENSE Present law provides that "human trafficking offense" means the commission of any act that constitutes the criminal offense of involuntary labor servitude, trafficking persons for forced labor or services, trafficking for commercial sex act, patronizing prostitution, or promoting prostitution. This bill adds that promoting the prostitution of a minor and human smuggling are also considered "human trafficking offenses." In addition to any other remedy, if the attorney general has reason to believe that any person or organization is committing, has committed, or is about to commit a human trafficking offense or aggravated human trafficking, then this bill authorizes the attorney general to bring an action in the appropriate state court against the person or organization to do any of the following:  Restrain the person's or organization's actions by temporary restraining order or temporary or permanent injunction.  Cancel, revoke, or terminate any certificate of formation, certificate of incorporation, articles of organization, trust instrument, certificate of authority to transact business, license, permit, approval, charter, or registration to transact business of the person or organization.  Appoint a receiver for the organization.  Involuntarily dissolve the organization. For purposes of the above provisions and the offense of human trafficking, this bill clarifies that an "organization" includes, whether foreign or domestic, limited liability companies, corporations, not-for-profit corporations, profit and not-for-profit unincorporated associations, business trusts, estates, general partnerships, limited partnerships, registered or unregistered limited liability partnerships, trusts, or joint ventures. AGGRAVATED HUMAN TRAFFICKING OFFENSE Present law provides that aggravated human trafficking is the commission of an act if the victim of the criminal offense is under 13 and involves any of the offenses of (i) involuntary labor servitude, (ii) trafficking persons for forced labor or services, (iii) trafficking for commercial sex act, (iv) patronizing prostitution, (v) promoting prostitution, or (vi) human smuggling. This bill adds that aggravated human trafficking includes the commission of an act if the victim of the criminal offense is under 13 and involves the offense of human smuggling. HUMAN SMUGGLING OFFENSE This bill provides that a person commits the Class E felony offense of human smuggling, punishable by not less than one year or no more than six years imprisonment and a fine of up to $3,000, or both, if person knowingly does either of the following:  Transports 10 or more persons 18 or older or five or more minors for the purpose of commercial advantage or private financial gain, with the intent to conceal the individuals from a law enforcement officer or a federal immigration officer, while knowing the persons 18 or older or minors have illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.  Encourages or induces 10 or more persons 18 or older or five or more minors to enter or remain in this state in violation of federal law, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security, by concealing, harboring, or shielding those persons from detection. HARBORING OR HIDING INDIVIDUALS OFFENSE This bill provides that it is a Class A misdemeanor, punishable only by a fine of $1,000 for each person harbored or hidden, for a person to harbor or hide, or to assist another in harboring or hiding, within this state an individual who the person knows or should have known has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security. ON APRIL 16, 2025, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 392, AS AMENDED. AMENDMENT #3 makes the following revisions:  Removes human smuggling from constituting a human trafficking offense.  Establishes the offense of human smuggling, which exists when a person, for the purpose of commercial advantage or private financial gain, either:  Knowingly transports an individual with intent to conceal the individual from a law enforcement officer or a federal immigration officer, while knowing the individual has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.  Intentionally conceals, harbors, or shields from detection, or intentionally encourages or induces another to conceal, harbor, or shield from detection, an individual that the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.  Provides that such offense is generally a Class E felony. However, a person commits aggravated human smuggling, a Class A felony, who commits the offense of human smuggling, and the victim of the offense was less than 13 at any time during the person's course of conduct.  Defines, for purposes of the bill, "harbor" as providing shelter to or concealing the whereabouts of an individual whom the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.  Clarifies that it is not a violation of human smuggling for (i) an attorney licensed and admitted to the practice of law in this state to provide bona fide legal advice to an individual; or (ii) a person to provide healthcare services or assistance to an individual presenting at a healthcare facility licensed in this state, or the office or other practice site of a healthcare provider licensed, registered, certified, or otherwise permitted to deliver healthcare services.

Statutes affected:
Introduced: 39-13-311, 39-13-314(a)(1), 39-13-314, 39-13-314(a), 39-13-316(a), 39-13-316