House Bill 262 improved and expanded Ohio’s human trafficking laws beyond merely criminalizing human trafficking (which is as far as previous law went) by creating avenues to target demand; to criminalize traffickers more severely; to aid victims; to train law enforcement and state officials; to track data; and to raise public awareness. A copy of the bill in pdf format can be found here:
http://www.legislature.state.oh.us/BillText129/129_HB_262_EN_N.pdf The Central Ohio Rescue & Restore Coalition is grateful to Governor Kasich for prioritizing this bill and for signing the bill into law on June 27th.
- Targeting the Demand
- H.B. 262 added a provision to the criminal offense “Importuning” (2907.07) to specifically target those who purchase sex with minors (see page 19 of the bill).
- The criminal offense of “Importuning” (2907.07) already criminalized soliciting anyone under the age of 16 to engage in sexual activity, whether or not the offender knows the age of the victim.
- Under this new provision, soliciting anyone age 16 or 17 to engage in sexual activity is also criminal, but only if the victim was a human trafficking victim AND the offender knows or recklessly disregards the age of the victim.
- Depending on the age of the child and whether or not the offender has previously been convicted of similar crimes, the offense is a second, third, fourth, or fifth degree felony.
- H.B. 262 added a provision to the criminal offense “Procuring” (2907.23) to specifically target those who purchase sex with minors (see page 21 of the bill).
- The criminal offense “Procuring” (2907.23) already criminalized procuring a prostitute for someone else or knowingly allowing prostitution to happen on one’s premises. The offense is a first degree misdemeanor.
- Under this new provision, “Procuring” is a fourth or fifth degree felony if the prostitute procured is under the age of 18, whether or not the offender knows the prostitute’s age.
- More Severely Penalizing Traffickers
- H.B. 262 changed the criminal offense “Trafficking in Persons” (2905.32) to a first degree felony and changed the prison term to be imposed to 10 – 15 years (see page 19).
- H.B. 262 changed the criminal offense “Obstructing Justice” (2921.32) so that those who aid traffickers are guilty of second degree felony (see page 23).
- H.B. 262 added sex traffickers to the list of criminals who must register as sex offenders (see page 41).
- Aiding Victims
- H.B. 262 created a specific civil action for victims of trafficking (see page 15).
- This gives trafficking victims the ability to sue their traffickers in civil court for lost wages and monetary damages.
- Damaging amendments: As originally written, H.B. 262 specified that the trafficking victim may bring this cause of action whether or not the trafficker had been prosecuted or convicted of human trafficking. As passed, H.B. 262 now says a victim may bring this cause of action for damages “result[ing] from the violation of section 2905.32 of the [Ohio] Revised Code.” Due to these changes, it is now unclear whether or not a trafficking victim may bring a cause of action if there is not a conviction under Ohio’s human trafficking law, such as where the conviction was under federal law or where the trafficker was never prosecuted or convicted at all.
- H.B. 262 added a provision stating that nothing in the Crime Victims Fund should be construed to block victims of human trafficking from accessing victim fund assistance as long as they were minors when they were victimized (see page 18).
- This appears to be in response to complaints by trafficking survivors that they have had trouble accessing Crime Victim Fund assistance. The reason trafficking survivors have had trouble, however, was because many of them have long criminal records and/or felony convictions. This new provision will not address those concerns.
- This new provision also neglects trafficking victims who were first victimized during adulthood.
- H.B. 262 created a Victims of Human Trafficking Fund to be administered by the Director of Jobs and Family Services (see page 58). The fund will consist of money seized in connection with human trafficking investigations conducted under state law and from money made from the sale of assets seized in connection with human trafficking investigations conducted under state law.
- The depth of the fund will depend entirely on the amount of human trafficking investigations that occur. H.B. 262 does specify however, that other money from other sources may be deposited into the fund.
- Typically, money and assets seized through criminal investigations go toward law enforcement. This funds future investigations and incentivizes law enforcement agencies to pursue these investigations. Streaming all of this funding straight into this victim’s fund instead might discourage and de-fund future human trafficking investigations.
- H.B. 262 created a new avenue for trafficking survivors to expunge delinquency adjudications relating to prostitution (charges under 2907.24, 2907.241, and 2907.25) (see page 11). (Delinquency adjudications relating to prostitution could already be expunged under 2151.358.)
- H.B. 262 created an avenue for trafficking survivors to expunge criminal convictions adjudications relating to prostitution (charges under 2907.24, 2907.241, and 2907.25) (see page 52).
- Under previous law, someone could only have criminal charges relating to prostitution expunged under 2953.32 if it was their first offense.
- This new provision creates a valuable avenue for survivors of trafficking who sometimes have as many as sixty prostitution related convictions. It does not go as far as to vacate their convictions, however, which would be preferable. Although expungement of a conviction means that the record is sealed, vacating a conviction essentially reverses the conviction as if it never happened. Thus, expunged convictions must still be reported on things like job applications whereas vacated convictions do not need to be reported at all.
- H.B. 262 created a provision that says that when a child is charged with prostitution (under 2907.24, 2907.241, or 2907.25) the juvenile court must make a determination on whether or not the child is a sex trafficking victim (see page 14). This may include a hearing. If the child is determined to be a victim, the court will hold the complaint in abeyance for ninety days while the child completes diversion actions. Although the new provision does not specify, typical diversion actions ordered by the court are things like therapy and community service. If the child completes these diversion actions, the court may then dismiss the complaint as if it never happened.
- Training State Officials and Tracking Data
- H.B. 262 requires that the Attorney General’s office create an extensive training for peace officers (law enforcement agents) on human trafficking that must include information on (see page 6):
- Identifying human trafficking situations
- Methods for identifying victims of human trafficking
- Appropriate techniques for interviewing victims of human trafficking
- Prosecuting human trafficking
- Collaborating with social service organizations
- Protecting the rights of trafficking victims by treating them as victims rather than as criminals
- Protecting the safety of trafficking victims
- H.B. 262 requires that peace officers receiving training on human trafficking as part of their minimum basic training (see page 4). This training will not necessarily be the training created by the Attorney General’s office mentioned above.
- H.B. 262 strongly recommends that all boards, commissions, and agencies that grant licensures or certifications on behalf of the state of Ohio require people receive training on human trafficking before they can be licensed (see page 58).
- H.B. 262 requires the Attorney General to gather data on human trafficking and publish it regularly (see page 2).
- Each state agency and each agency of each political subdivision that investigates human trafficking (although it does not specify, this may be referring to local police departments and child protective services) is required to submit human trafficking data to the Attorney General for this publication.
- Data that is required to be reported includes:
- Numbers of investigations, arrests, prosecutions, and successful convictions
- Number and demographic characteristics of traffickers and their customers
- Number and demographic characteristics of victims, including how they were recruited
- Discovered trafficking routes and patterns
- Social and economic factors contributing to the demand for human trafficking
- Public Awareness
- H.B. 262 created a provision stating that the Attorney General’s office may, if it chooses to do so, create public awareness programs about human trafficking (see page 7).
- The provision instructs that these programs should be designed to increase awareness among potential victims of human trafficking and to educate them about how to protect themselves.
- The Attorney General’s office must consider information and materials offered by nonprofits and other entities with expertise in human trafficking while preparing these programs.
- H.B. 262 requires the division of criminal justice services to create a poster with the national human trafficking hotline number (see page 59).
- The division must then make this poster available online and encourage its display at truck stops, hotels, and other places where human trafficking might occur.
- There is no civil or criminal penalty if these entities choose not to display the poster.
