Reference is to Printer's Date 3/31/15-S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-3-2020 of the 1976 Code is amended to read:
"Section 16-3-2020.
(A) A person who recruits, entices,
solicits, isolates, harbors, transports, provides, or obtains,
or so attempts, a victim, knowing that the victim will be
subjected to sex trafficking, forced labor or services,
involuntary servitude or debt bondage through any means or who
benefits, financially or by receiving anything of value, from
participation in a venture which has engaged in an act described
in this subsection, is guilty of trafficking in persons.
(B) A person who
recruits, entices, solicits, isolates, harbors, transports,
provides, or obtains, or so attempts, a victim, for the purposes
of sex trafficking, forced labor or services, involuntary
servitude or debt bondage through any means or who benefits,
financially or by receiving anything of value, from
participation in a venture which has engaged in an act described
in subsection (A), is guilty of trafficking in persons.
(C) For a first
offense, the person is guilty of a felony and, upon conviction,
must be imprisoned not more than fifteen years.
(D) For a second
offense, the person is guilty of a felony and, upon conviction,
must be imprisoned not more than thirty years.
(E) For a third or
subsequent offense, the person is guilty of a felony, and, upon
conviction, must be imprisoned not more than forty-five
years.
(F) If the victim of an
offense contained in this section is under the age of eighteen,
an additional term of fifteen years may be imposed in addition
and must be consecutive to the penalty prescribed for a
violation of this section.
(G) A person who aids,
abets, or conspires with another person to violate the criminal
provisions of this section must be punished in the same manner
as provided for the principal offender and is considered a
trafficker. A person is considered a trafficker if he
knowingly gives, agrees to give, or offers to give anything of
value so that any person may engage in commercial sexual
activity with another person when he knows that the other person
is a victim of trafficking in persons.
(H) A business owner
who uses his business in a way that participates in a violation
of this article, upon conviction, must be imprisoned for not
more than ten years in addition to the penalties provided in
this section for each violation.
(I) A plea of guilty or
the legal equivalent entered pursuant to a provision of this
article by an offender entitles the victim of trafficking in
persons to all benefits, rights, and compensation granted
pursuant to Section 16-3-1110.
(J) In a prosecution of
a person who is a victim of trafficking in persons, it is an
affirmative defense that he was under duress or coerced into
committing the offenses for which he is subject to prosecution,
if the offenses were committed as a direct result of, or
incidental or related to, trafficking. A victim of
trafficking in persons convicted of a violation of this article
or prostitution may motion the court to vacate the conviction
and expunge the record of the conviction. The court may grant
the motion on a finding that the person's participation in the
offense was a direct result of being a victim. A victim of
trafficking in persons is not subject to prosecution pursuant to
this article or prostitution, if the victim was a minor at the
time of the offense and committed the offense as a direct result
of, or incidental or related to, trafficking.
(K) Evidence of the
following facts or conditions do not constitute a defense in a
prosecution for a violation of this article, nor does the
evidence preclude a finding of a violation:
(1)
the victim's sexual history or history of commercial
sexual activity, the specific instances of the victim's sexual
conduct, opinion evidence of the victim's sexual conduct, and
reputation evidence of the victim's sexual conduct;
(2)
the victim's connection by blood or marriage to a
defendant in the case or to anyone involved in the victim's
trafficking;
(3)
the implied or express consent of a victim to acts which
violate the provisions of this section do not constitute a
defense to violations of this section;
(4)
age of consent to sex, legal age of marriage, or other
discretionary age; and
(5)
mistake as to the victim's age, even if the mistake is
reasonable.
(L) A person who
violates the provisions of this section may be prosecuted by the
State Grand Jury, pursuant to Section 14-7-1600, when a victim
is trafficked in more than one county or a trafficker commits
the offense of trafficking in persons in more than one
county."
SECTION 2. Section 16-3-2030(A) of the 1976 Code is amended to read:
"(A) The principal owners of a business, a business entity, including a corporation, partnership, charitable organization, or another legal entity, that knowingly aids or participates in an offense provided in this article is criminally liable for the offense and will be subject to a fine or loss of business license in the State, or both. In addition, the court may consider disgorgement of profit from activity in violation of this article and disbarment from state and local government contracts."
SECTION 3. Section 16-3-2040(D) of the 1976 Code is amended to read:
"(D) Restitution for this section, pursuant to Section 16-3-1270, means payment for all injuries, specific losses, and expenses including, but not limited to, attorney's fees, sustained by a crime victim resulting from an offender's criminal conduct pursuant to Section 16-3-1110(12)(a). In addition, the court may order an amount representing the value of the victim's labor or services."
SECTION 4. Section 16-3-2050 of the 1976 Code is amended by adding an appropriately numbered subsection to read:
"( ) To the extent that funds are appropriated, the task force may make grants to or contract with a state agency, local government, or private victims' service organization to develop or expand service programs for victims. A recipient of a grant or contract shall report annually to the task force the number and demographic information of all victims receiving services pursuant to the grant or contract."
SECTION 5. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.