Bill Text: HI HB1452 | 2011 | Regular Session | Introduced
Bill Title: Survivors of Human Trafficking; Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-28 - (H) Referred to LAB, JUD, FIN, referral sheet 3 [HB1452 Detail]
Download: Hawaii-2011-HB1452-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1452 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to services for survivors of human trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 371K, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . SERVICES FOR SURVIVORS OF HUMAN TRAFFICKING
§371K-A Definitions. As used in this part:
"Human trafficking survivor" means a person who has had or now has the condition or status of debt bondage, involuntary servitude, severe forms of trafficking in persons, or sex trafficking as defined in Section 102 of the Victims of Trafficking and Violence Protection Act of 2000, 22 United States Code Chapter 78, Section 7102, as amended.
"Pre-certified victim of human trafficking" means a person who has a pending application for federal certification as a victim of a severe form of trafficking in persons as defined in 22 United States Code 7102 (Trafficking Victims Protection) but has not yet obtained such certification, or a person who has reported a crime to law enforcement and it reasonably appears to law enforcement that the person is such a victim.
§371K-B Services for victims of human trafficking. (a) The office of community services shall coordinate with and assist law enforcement agencies, the county prosecutors’ offices, the attorney general's office, and the department of human services to access appropriate services for human trafficking survivors.
(b) In providing such assistance, the office of community services may enter into contracts with non-government organizations for providing services to pre-certified victims of human trafficking as defined in section 371K-A, insofar as funds are available for that purpose. Such services may include, case management, emergency temporary housing, health care, mental health counseling, drug addiction screening and treatment, language interpretation and translation services, english language instruction, job training and placement assistance, post-employment services for job retention, transportation services and services to assist the individual and any of his or her family members to establish a permanent residence in the State of Hawaii or the United States. Nothing in this section shall preclude the office of community services, or any local social services agency, from providing human trafficking victims who are United States citizens or human trafficking survivors as defined in this part with any benefits and services for which they may otherwise be eligible. All funds and services delivered through this provision shall be supplementary to, and shall not duplicate benefits provided by federal government programs designed to assist survivors of human trafficking.
§371K-C Confirmation as a survivor of human trafficking. (a) As soon as practicable after a first encounter with a person who reasonably appears to a law enforcement agency or a district attorney's office to be a human trafficking survivor, that agency or office shall notify the office of community services and the division of criminal justice services that such person may be eligible for services under this part.
(b) Upon receipt of such a notification, the division of criminal justice services, in consultation with the office of community services and the referring agency or office shall make a preliminary assessment of whether such survivor or possible survivor appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in 22 United States Code 7102 (Trafficking Victims Protection) or appears to be otherwise eligible for any federal, state, or local benefits and services. If it is determined that the survivor appears to meet such criteria, the office of temporary and disability assistance shall report the finding to the survivor, and to the referring law enforcement agency or the attorney general’s office, and may assist that agency or office in having such survivor receive services from a case management provider who may be under contract with the office of community services or from any other available source. If the victim or possible survivor is under the age of eighteen, the office of community services also shall notify the department of human services of the minor survivor.
§371K-D Law enforcement assistance with respect to immigration. Upon the request of a human trafficking victim or a representative of a human trafficking survivor, the State, local law enforcement agency, or district attorney's office shall provide the victim with the United States Citizenship and Immigration Service (USCIS) Form I-914 Supplement B Declaration of Law Enforcement Officer for Survivor of Trafficking in Persons. To provide persuasive evidence, the state or local law enforcement agency endorsement must contain a description of the victimization upon which the application is based, including the dates the trafficking in persons occurred. The endorsement must address whether the survivor had been recruited, harbored, transported, provided, or obtained specifically for either labor servitude or services or for the purposes of a commercial sex act as defined in subdivision three of Section 7102 of Title 22 of the United States Code.
§371K-E Rules and Regulations. The director of the department of labor and industrial relations may adopt rules pursuant to chapter 91 for the implementation and enforcement of this part."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 to provide services for human trafficking survivors.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 3. In codifying the new sections added by section 1
of this Act, the revisor of statutes shall substitute appropriate section
numbers for the letters used in designating the new sections in this Act.
SECTION 4. This Act shall take effect on July 1, 2011.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Survivors of Human Trafficking; Services
Description:
Requires the Office of Community Services under the Department of Labor and Industrial Relations, in coordination with other relevant state agencies, to provide social services for survivors of human trafficking.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
