S T A T E O F N E W Y O R K
________________________________________________________________________
6535
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. ORTIZ, PHEFFER, EDDINGTON, JAFFEE, GREENE,
CARROZZA, FIELDS, JEFFRIES -- Multi-Sponsored by -- M. of A. CLARK,
COLTON, GABRYSZAK, JOHN, MARKEY, MAYERSOHN, PEOPLES, SEMINERIO, SWEE-
NEY, TOWNS -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the public officers law, in relation to promoting the
education of the trafficking victims protection act of 2000 and any
legislation thereafter to assist police officers and any other law
enforcement agency to identify and protect persons from severe acts or
forms of sex trafficking
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York state anti-trafficking task force act".
S 2. Legislative findings. While the trafficking victim protection act
of 2000 provides for prosecution at the federal level, most acts of
trafficking are initially encountered by local law enforcement personnel
in the course of their field operations and delivery of social services.
Without the capacity of local law enforcement agencies to work jointly
with community-based social services providers and federal law enforce-
ment to identify the perpetrators and victims of such crimes, the crimes
will go undetected.
Crimes of human trafficking are often overlooked or mistaken for other
types of criminal activity. In 2004, research conducted by Florida State
University found that agencies have uncovered trafficking situations
when making routine service calls for aggravated assault, domestic
disturbance, and other crimes.
The purpose of this act is to create a statewide task force to be
named and referred to as the "New York state anti-trafficking task
force" to empower local law enforcement and human services officials to
better identify and interdict trafficking in its various forms, whether
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10014-01-9
A. 6535 2
forced prostitution, indentured servitude, peonage, or other forms of
forced labor, and to assist local law enforcement agencies in applying
to the United States Department of Justice's Bureau of Justice Assist-
ance's law enforcement grant program to combat human trafficking.
S 3. Article 8 and sections 115, 116 and 117 of the public officers
law, such article as renumbered by chapter 511 of the laws of 1976 and
such sections as renumbered by chapter 933 of the laws of 1977, are
renumbered article 9 and sections 215, 216 and 217 and a new article 8
is added to read as follows:
ARTICLE 8
NEW YORK STATE
ANTI-TRAFFICKING TASK FORCE
SECTION 120. NEW YORK STATE ANTI-TRAFFICKING TASK FORCE; ESTABLISHED.
121. TASK FORCE; COMPOSITION OF.
S 120. NEW YORK STATE ANTI-TRAFFICKING TASK FORCE; ESTABLISHED. THE
LEGISLATURE HEREBY AUTHORIZES AND DIRECTS THE COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES TO CREATE A STATE TASK FORCE TO
EDUCATE LOCAL LAW ENFORCEMENT AND HUMAN SERVICES OFFICIALS ON ISSUES OF
THE CRIME OF HUMAN TRAFFICKING, AND SUCH TASK FORCE SHALL BE NAMED AND
REFERRED TO AS THE "NEW YORK STATE ANTI-TRAFFICKING TASK FORCE". A. THE
TASK FORCE'S RESPONSIBILITIES SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) IDENTIFYING COMMUNITIES THAT NEED FUNDING TO PREVENT HUMAN TRAF-
FICKING;
(II) ASSISTING LOCAL POLICE DEPARTMENTS OR OTHER LAW ENFORCEMENT AGEN-
CIES WITH HUMAN TRAFFICKING GRANT APPLICATIONS TO THE UNITED STATES
DEPARTMENT OF JUSTICE;
(III) CREATING A PUBLIC AWARENESS CAMPAIGN TO EDUCATE THE PUBLIC ON
HUMAN TRAFFICKING;
(IV) CREATING A LAW ENFORCEMENT LIAISON UNIT TO COORDINATE WITH THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF CHILDREN AND
FAMILY SERVICES, LOCAL LAW ENFORCEMENT AGENCIES AND OTHER TRAFFICKING
VICTIM SERVICE PROVIDERS CONCERNED WITH THE IDENTIFICATION AND RESCUE OF
HUMAN TRAFFICKING VICTIMS; AND
(V) CREATING A STATEWIDE TRAINING PROGRAM ON HUMAN TRAFFICKING ISSUES
FOR LOCAL LAW ENFORCEMENT ACADEMIES AND SUCH PROGRAM SHALL INCLUDE
TRAINING ON ISSUES RELATING TO THE ROLES, RESPONSIBILITIES, PROCESSES,
AND PROTOCOLS TO IDENTIFY AND SERVE ADULT AND CHILD VICTIMS OF HUMAN
TRAFFICKING AND LEGAL AND IMMIGRATION ISSUES INVOLVED IN ASSISTING
VICTIMS OF HUMAN TRAFFICKING.
B. THE TASK FORCE SHALL PREPARE A REPORT EVERY THREE YEARS TO BE
SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, AND BOTH MINORITY LEADERS OF THE SENATE AND
ASSEMBLY. SUCH REPORT SHALL IDENTIFY SERVICES NEEDED TO IMPROVE HUMAN
TRAFFICKING VICTIMS' RECOVERY AND METHODS TO REDUCE HUMAN TRAFFICKING,
AND AN EVALUATION OF THE IMPLEMENTATION OF THE STATEWIDE POLICE TRAINING
PROGRAM ON HUMAN TRAFFICKING.
S 121. TASK FORCE; COMPOSITION OF. 1. THE TASK FORCE SHALL CONSIST OF
TWELVE MEMBERS: THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES, THE
COMMISSIONER OF HEALTH, THE COMMISSIONER OF TRANSPORTATION, AND THE
COMMISSIONER OF LABOR, OR THEIR DESIGNATED REPRESENTATIVES, THREE
APPOINTMENTS SHALL BE MADE BY THE TEMPORARY PRESIDENT OF THE SENATE AND
THREE BY THE SPEAKER OF THE ASSEMBLY, AND ONE APPOINTMENT SHALL BE MADE
BY THE MINORITY LEADER OF THE SENATE AND ONE BY THE MINORITY LEADER OF
THE ASSEMBLY. AT LEAST ONE APPOINTED MEMBER OF THE FORCE SHALL POSSESS
A. 6535 3
EXPERTISE IN THE FIELD OF CRIMINOLOGY; ONE SHALL POSSESS EXPERTISE IN
THE FIELD OF FORENSICS; ONE SHALL POSSESS EXPERTISE IN THE FIELD OF
MEDICINE SPECIALIZING IN SEXUALLY TRANSMITTED DISEASES; AND ONE SHALL
POSSESS EXPERTISE IN THE FIELD OF PSYCHOLOGY.
2. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES, OR HIS OR HER DESIG-
NEE, SHALL SERVE AS CHAIR OF THE TASK FORCE.
3. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
S 4. This act shall take effect immediately.