Bill Summary – FastDemocracy

H-2936.1
                           SUBSTITUTE HOUSE BILL 2076
     State of Washington         68th Legislature       2024 Regular Session
     By House Community Safety, Justice, & Reentry (originally sponsored
     by Representatives Orwall, Mosbrucker, Leavitt, Barnard, Graham,
     Rule, Cheney, Reeves, and Hackney)
     READ FIRST TIME 01/31/24.
     AN ACT Relating to addressing crimes involving human trafficking
 or sexual exploitation; amending RCW 9A.40.100; adding a new section
 to chapter 7.68 RCW; creating a new section; and providing expiration
 dates.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 9A.40.100 and 2017 c 126 s 1 are each amended to
 read as follows:
     (1) A person is guilty of trafficking in the first degree when((:
     (a) Such person:
     (i)   Recruits))   such   person   recruits,   entices,   harbors,
 transports, ((transfers)) isolates, solicits, provides, obtains,
 buys, purchases, maintains, or receives by any means another person
 ((knowing)) and:
     (a)(i) Knows, or acts in reckless disregard of the fact, (((A)))
 that force, fraud, or coercion ((as defined in RCW 9A.36.070)) will
 be used to cause the person to engage in((:
     (I) Forced labor;
     (II) Involuntary servitude;
     (III) A sexually explicit act; or
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     (IV) A commercial sex act, or (B) that the person has not
 attained the age of eighteen years and is caused to engage in a
 sexually explicit act or a commercial sex act; or
     (ii) Benefits)) forced labor, involuntary servitude, a sexually
 explicit act, or a commercial sex act; or
     (ii) Such person knowingly, or in reckless disregard, causes a
 person under 18 years of age to engage in a sexually explicit act or
 commercial sex act, or benefits financially or by receiving anything
 of value from participation in a venture that has engaged in acts set
 forth in (a)(i) or (ii) of this subsection; provided, that it is not
 a defense that such person did not know, or recklessly disregarded
 the fact, that the other person was under 18 years of age or believed
 the other person was older, as the case may be; and
     (b) The acts or venture set forth in (a)(i) or (ii) of this
 subsection:
     (i) Involve such person committing or attempting to commit
 kidnapping;
     (ii) Involve a finding of sexual motivation ((under RCW
 9.94A.835));
     (iii) Involve the illegal harvesting or sale of human organs; or
     (iv) Result in a death.
     (2) Trafficking in the first degree is a class A felony.
     (3)(((a))) A person is guilty of trafficking in the second degree
 when such person((:
     (i)   Recruits))    recruits,   entices,   harbors,    transports,
 ((transfers)) isolates, solicits, provides, obtains, buys, purchases,
 maintains, or receives by any means another person ((knowing)) and:
     (a) Knows, or acts in reckless disregard of the fact, that force,
 fraud, or coercion ((as defined in RCW 9A.36.070)) will be used to
 cause the person to engage in forced labor, involuntary servitude, a
 sexually explicit act, or a commercial sex act((, or that the person
 has not attained the age of eighteen years and is caused to engage in
 a sexually explicit act or a commercial sex act; or
     (ii) Benefits)) ; or
     (b) Such person knowingly, or in reckless disregard, causes a
 person under 18 years of age to engage in a sexually explicit act or
 commercial sex act, or benefits financially or by receiving anything
 of value from participation in a venture that has engaged in acts set
 forth in (a)(((i))) or (b) of this subsection; provided, that it is
 not a defense that such person did not know, or recklessly
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 disregarded the fact, that the other person was under 18 years of age
 or believed the other person was older, as the case may be.
     (((b))) (4) Trafficking in the second degree is a class A felony.
     (((4)(a) In any prosecution under this chapter in which the
 offense or degree of the offense depends on the victim's age, it is
 not a defense that the perpetrator did not know the victim's age, or
 that the perpetrator believed the victim to be older, as the case may
 be.
     (b))) (5) If the victim of any offense identified in this section
 is a minor, then force, fraud, or coercion are not necessary elements
 of an offense and consent to the sexually explicit act or commercial
 sex act does not constitute a defense.
     (6) For purposes of this section:
     (a) "Coercion" includes, but is not limited to, the following
 circumstances:
     (i) Using or threatening to use physical force against any
 person;
     (ii) Restraining, isolating, or confining or threatening to
 restrain, isolate, or confine any person without lawful authority and
 against their will;
     (iii) Using lending or other credit methods to establish a debt
 by any person when labor or services are pledged as a security for
 the debt, constituting debt bondage, if the value of the labor or
 services are pledged as a security for the debt, the value of the
 labor or services as reasonably assessed is not applied toward the
 liquidation of the debt, or the length and nature of the labor or
 services are not respectively limited and defined;
     (iv) Destroying, concealing, removing, confiscating, withholding,
 or possessing any actual or purported passport, visa, or other
 immigration document, or any other actual or purported government
 identification document, of any person;
     (v) Causing or threatening to cause financial harm to any person;
     (vi) Enticing or luring any person by fraud or deceit;
     (vii) Providing or withholding any drug, alcohol, controlled
 substance, property, or necessities of life including money, food,
 lodging, or anything else of value that belongs to or was promised to
 another person knowing that this other person will be caused to
 engage in forced labor, involuntary servitude, a sexually explicit
 act, or a commercial sex act;
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     (viii) Accusing any person of a crime or causing criminal charges
 to be instituted against any person;
     (ix) Exposing a secret or publicizing an asserted fact, whether
 true or false, tending to subject any person to hatred, contempt, or
 ridicule;
     (x) Testifying or providing information, or withholding testimony
 or information, with respect to another's legal claim or defense;
     (xi) Taking wrongful action as an official against anyone or
 anything, or wrongfully withholding official action, or causing such
 action or withholding;
     (xii) Committing any other act which is intended to harm
 substantially the person threatened or another with respect to his or
 her health, safety, business, financial condition, or personal
 relationships; or
     (xiii) Holding or returning a person to a condition of
 involuntary servitude, debt bondage, or forced labor, with the intent
 of placing them in or returning them to a condition of involuntary
 servitude, debt bondage, or forced labor, where such condition is
 based on the alleged, implied, or actual inheritance of another's
 debt, constituting peonage.
     (b) "Commercial sex act" means any act of sexual contact or
 sexual intercourse, both as defined in chapter 9A.44 RCW, for which
 something of value is given or received by any person.
     (c) "Kidnapping" means intentionally abducting another person.
     (d) "Maintain" means, in relation to forced labor, involuntary
 servitude, a sexually explicit act, or a commercial sex act, to
 secure or make possible continued performance thereof, regardless of
 any initial agreement on the part of the victim to perform such
 labor, servitude, or act.
     (e) "Sexual motivation" means that one of the purposes for which
 the defendant committed the crime was for the purpose of his or her
 sexual gratification.
     (f) "Sexually explicit act" means a public, private, or live
 photographed, recorded, or videotaped act or show intended to arouse
 or satisfy the sexual desires or appeal to the prurient interests of
 patrons for which something of value is given or received.
     (7) A person who is ((either)) convicted ((or)), enters into a
 plea agreement to a reduced or different charge, is given a deferred
 sentence or a deferred prosecution, or ((who has entered)) enters
 into a statutory or nonstatutory diversion agreement as a result of
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 an arrest for a violation of a trafficking crime shall be assessed a
 ((ten thousand dollar)) $10,000 fee. The court shall not reduce,
 waive, or suspend payment of all or part of the fee assessed in this
 section unless it finds, on the record, that the offender does not
 have the ability to pay the fee in which case it may reduce the fee
 by an amount up to two-thirds of the maximum allowable fee.
     (((c) The court shall not reduce, waive, or suspend payment of
 all or part of the fee assessed in this section unless it finds, on
 the record, that the offender does not have the ability to pay the
 fee in which case it may reduce the fee by an amount up to two-thirds
 of the maximum allowable fee.
     (d))) (8)(a) Fees assessed under this section shall be collected
 by the clerk of the court and remitted ((to the treasurer of the
 county where the offense occurred for deposit in the county general
 fund, except in cases in which the offense occurred in a city or town
 that provides for its own law enforcement, in which case these
 amounts shall be remitted to the treasurer of the city or town for
 deposit in the general fund of the city or town. Revenue from the
 fees must be used for local efforts to reduce the commercial sale of
 sex including, but not limited to, increasing enforcement of
 commercial sex laws.
     (i) At least fifty percent of the revenue from fees imposed under
 this section must be spent on prevention, including education
 programs for offenders, such as john school, and rehabilitative
 services, such as mental health and substance abuse counseling,
 parenting skills, training, housing relief, education, vocational
 training, drop-in centers, and employment counseling.
     (ii))) as follows:
     (i) 45 percent to the treasurer of the county where the offense
 occurred for deposit in the county general fund, except in cases in
 which the offense occurred in a city or town that provides for its
 own law enforcement, in which case these amounts shall be remitted to
 the treasurer of the city or town for deposit in the general fund of
 the city or town, and which must be spent on services for victims of
 trafficking crimes in that jurisdiction;
     (ii) 45 percent to the treasurer of the county where the offense
 occurred for deposit in the county general fund, except in cases in
 which the offense occurred in a city or town that provides for its
 own law enforcement, in which case these amounts shall be remitted to
 the treasurer of the city or town for deposit in the general fund of
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 the city or town, and which must be spent on: (A) Local efforts to
 reduce the commercial sale of sex, including but not limited to
 increasing enforcement of commercial sex laws; (B) prevention,
 including education programs for offenders, such as programs to
 educate and divert persons from soliciting commercial sexual
 services; and (C) rehabilitative services, such as mental health and
 substance abuse counseling, parenting skills, training, housing
 relief,   education,  vocational   training,  drop-in  centers,   and
 employment counseling; and
     (iii) 10 percent must be retained by the clerks of the courts for
 their official services.
     (b) Revenues from these fees are not subject to the distribution
 requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or
 35.20.220.
     (((5) If the victim of any offense identified in this section is
 a minor, force, fraud, or coercion are not necessary elements of an
 offense and consent to the sexually explicit act or commercial sex
 act does not constitute a defense.
     (6) For purposes of this section:
     (a) "Commercial sex act" means any act of sexual contact or
 sexual intercourse, both as defined in chapter 9A.44 RCW, for which
 something of value is given or received by any person; and
     (b) "Sexually explicit act" means a public, private, or live
 photographed, recorded, or videotaped act or show intended to arouse
 or satisfy the sexual desires or appeal to the prurient interests of
 patrons for which something of value is given or received.))
     NEW SECTION.    Sec. 2.   (1) The state auditor must conduct a
 performance audit of the collection and use of mandatory fees
 assessed pursuant to RCW 9A.40.100. In addition to other measures
 established by the state auditor, the audit shall:
     (a) Determine whether jurisdictions are assessing fees consistent
 with the requirements of RCW 9A.40.100;
     (b) Determine whether jurisdictions are using the revenue from
 assessed fees to fund local efforts to reduce the commercial sale of
 sex as required by RCW 9A.40.100;
     (c) Determine whether jurisdictions are using at least 50 percent
 of the revenue from assessed fees on prevention and rehabilitative
 services as required by RCW 9A.40.100; and
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      (d) If fees are not being assessed or used as required, make
  recommendations for corrective action.
      (2) The state auditor may conduct the audit at a sample of
  jurisdictions as needed.
      (3) The state auditor shall publish its final audit report no
  later than December 31, 2025.
      (4) This section expires January 31, 2026.
     NEW SECTION. Sec. 3. A new section is added to chapter 7.68 RCW
 to read as follows:
     (1) Subject to the availability of funds appropriated for this
 purpose, the commercially sexually exploited children statewide
 coordinating committee is established to facilitate a statewide
 coordinated response to the commercial sexual exploitation of
 children, youth, and young adults 24 years old and younger by relying
 on the voices of those with lived experience, qualitative and
 quantitative data, and the collective expertise of youth-serving
 professionals and youth policy experts to increase supports,
 protections, and resource identification in the areas of prevention
 and intervention with a particular emphasis on improving the response
 of systems of care, including but not limited to child welfare,
 juvenile criminal legal, health care, and education.
     (2) The committee is convened by the office of the attorney
 general with the department of commerce assisting with agenda
 planning and administrative and clerical support. The committee
 consists of the following members:
     (a) One member from each of the two largest caucuses of the house
 of representatives appointed by the speaker of the house of
 representatives;
     (b) One member from each of the two largest caucuses of the
 senate appointed by the president of the senate;
     (c) A representative of the governor's office appointed by the
 governor;
     (d) The secretary of the department of children, youth, and
 families or his or her designee;
     (e) The secretary of the juvenile rehabilitation administration
 or his or her designee;
     (f) The attorney general or his or her designee;
     (g) The superintendent of public instruction or his or her
 designee;
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     (h) A representative of the administrative office of the courts
 appointed by the administrative office of the courts;
     (i) A representative of the Washington state patrol;
     (j) The executive director of the Washington association of
 sheriffs and police chiefs or his or her designee;
     (k) The executive director of the Washington state criminal
 justice training commission or his or her designee;
     (l) A representative of the Washington association of prosecuting
 attorneys appointed by the association;
     (m) The executive director of the office of public defense or his
 or her designee;
     (n) Three representatives of community service providers that
 provide direct services to commercially sexually exploited children
 appointed by the attorney general;
     (o) Two representatives of nongovernmental organizations familiar
 with the issues affecting commercially sexually exploited children
 appointed by the attorney general;
     (p) The president of the superior court judges' association or
 his or her designee;
     (q) The president of the juvenile court administrators or his or
 her designee;
     (r) Any existing chairs of regional task forces on commercially
 sexually exploited children;
     (s) A representative from the criminal defense bar;