Assembly Expected To Give Final Passage To Legislation Criminalizing Human Trafficking

Landmark Legislation Provides Strong Penalties For Traffickers, Critical Services For Victims

Calling it one of the most significant actions taken by the Legislature this session, Assembly Speaker Sheldon Silver announced the Assembly unanimously approved legislation (A.8679) aimed at criminalizing human trafficking and providing much-needed services to victims. Silver noted that provisions of the bipartisan legislation not only target those who profit from the sex trafficking, sex tourism and labor trafficking, but also increases the penalty for patronizing a prostitute.

Human trafficking involves the enslavement of people against their will by means of force or threat for the purpose of sexual or labor exploitation. In some cases, physical force is used. In other cases, false promises are made regarding job opportunities or marriages in foreign countries. Once enslaved, victims are sometimes drugged and beaten into submission, and have their travel documents and IDs confiscated or destroyed to make it harder for them to escape or for authorities to track them down.

"It is absolutely astounding that in the year 2007, we would still need to enact legislation criminalizing human trafficking. But with the continued victimization of millions of men, women and children throughout the world, we have a moral obligation to take aggressive steps to ensure New York does not become a harbor for this reprehensible activity. This legislation takes much-needed action toward eradicating this scourge," said Silver (D-Manhattan).

"Human trafficking is a vile crime that must be stopped. More than 150 years have passed since slavery was abolished in this country and 200 years have passed since the Abolition of the Slave Trade Act was enacted in England," said Lentol (D-Brooklyn), chair of the Committee on Codes. "We must root out this practice wherever and whenever we can. This legislation takes important steps towards ensuring this crime is not perpetuated within our borders."

"Human trafficking is 21st century slavery. I am very pleased that New York is finally addressing this heinous crime. Our legislation provides for very tough penalties against traffickers and provides services for victims. I am confident that this landmark legislation will have a significant impact on the lives of thousands of people," said Assemblyman Jeffrey Dinowitz (D-Bronx).

"Modern-day slavery is going on right under our noses, in New York State as well as across our country and the world," said Assemblywoman Amy Paulin (D-Scarsdale). "Thousands of people, mostly women and children, are kidnapped from their families and forced to work as prostitutes or servants. Our laws that are currently on the books just don't do enough to recognize and effectively prosecute these unimaginable crimes. There is much more we can and should do to help these victims and reunite them with their families."

"The New York State Anti-Trafficking Coalition commends Speaker Sheldon Silver for his leadership and vision with the passage of the New York State anti-trafficking bill in the Assembly. The Coalition believes this bill will be the strongest state anti-trafficking law in the country. The Speaker has led the Assembly toward this victory and has paved a clear pathway toward ending human trafficking in New York State and providing its victims with newly found hope and dignity." said Taina Bien-Aimé, executive director, EQUALITY NOW.

"New York State's first-ever, anti-trafficking bill is truly groundbreaking. Speaker Silver and the Assembly should be lauded for their leadership and close collaboration with the Governor in designing this extraordinary anti-crime initiative. By providing serious criminal penalties for traffickers and much-needed services for victims, the state is taking a major step toward ending this modern form of slavery," said Laurel W. Eisner, executive director, Sanctuary for Families.

According to the United States Department of State, an estimated 600,000 to 800,000 men, women and children are trafficked across international borders each year. Many more are trafficked within their own national borders for a variety of purposes, including forced labor or bonded labor or sexual and involuntary servitude. A recent CIA report estimated that between 45,000 to 50,000 women and children are brought to the United States every year under false pretenses and are forced to work as prostitutes, abused laborers or servants.

Under the landmark legislation, strong criminal sanctions will be provided for those who engage in sex or labor trafficking. Additionally, the measure provides victim assistance and services to those who fall prey to human trafficking.

Under current law, prosecuting human trafficking is difficult because existing statutes, such as kidnapping and coercion crimes, are generic, making it difficult for prosecutors to effectively charge these offenders. The bill strengthens law enforcement's ability to combat human trafficking by defining and targeting the law. The measure unifies the definitions and concepts of anti-trafficking into a chapter of state law to help law enforcement better identify and prosecute these crimes. The bill would also provide needed assistance and protection to victims, helping them access federal benefits and services, in addition to providing appropriate forms of assistance in New York State.

Highlighting the precarious legal and financial position of the thousands of individuals caught up in the horrors of human trafficking, Dinowitz said the victim services components of the bill are critical.

"Victims are often far from friends or family, may not have a legal immigration status and may have difficulty communicating with authorities. This bill provides an important connection for trafficking victims to an array of federal and state benefits and services that can provide them with needed support at a critical point in their lives," said Dinowitz.

Last year, the Assembly passed the Anti-Human Trafficking Act of 2006, but the measure stalled in the Senate. This year's bipartisan agreement will:

• create a new class B felony, "sex trafficking," which imposes a mandatory prison sentence for perpetrators who profit from prostitution by engaging in sex trafficking;

• add a new class D felony, "labor trafficking," to the penal code, with a penalty of up to 7 years in prison;

• make it illegal for travel-related businesses to facilitate the patronizing of prostitution, regardless of whether it's legal in foreign jurisdictions;

• add sex and labor trafficking to the eavesdropping statute;

• place those convicted of sex trafficking on the sex offender registry;

• direct the state Office of Temporary and Disability Assistance to coordinate the provision of services to sex trafficking victims, including temporary housing, health and mental-health treatment and drug-addiction treatment;

• ensure that sex trafficking victims are eligible for services from the Crime Victims Board; and,

• increase the penalty of "patronizing a prostitute" from a class B misdemeanor to a class A misdemeanor.

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