LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature First Regular Session - 2023 Moved by Lakey Seconded by Lee IN THE HOUSESENATE OFSENATE REPRESENTATIVESAMENDMENT HOUSETO BILLH.B. NO.

341,NO. As Amended in the Senate BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO CRIMES AND PUNISHMENT;

AMENDING341 AMENDMENT TO SECTION 18-5601,1 IDAHOOn CODE,page TO1 REVISEof Athe PROVISIONprinted REGARDINGbill, INTERSTATEin TRAFFICKINGline IN20, PROSTITUTIONdelete AND"not TOless MAKEthan Atwo TECHNICAL(2) CORRECTION;years nor not" and insert:

REPEALING"not SECTIONless 18-5606,than IDAHOtwo CODE,(2) RELATINGyears TOnor ACCEPTINGand EARNINGSnot". OF A PROSTITUTE;

AMENDINGAMENDMENT CHAPTERTO 56, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-5606,4 IDAHOOn CODE,page TO2, PROVIDEin FORline THE22, CRIMEdelete OF"department RECEIVINGof PROCEEDShealth OFand ILLEGALwelfare" SEXUALand ACTIVITY,in- TOsert: PROVIDE A PENALTY, TO DEFINE TERMS, AND TO PROVIDE THAT CERTAIN PERSONS SHALL NOT BE CRIMINALLY LIABLE;

AMENDING"Idaho CHAPTERcriminal 86,justice TITLEcommission". 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-8605, IDAHO CODE, TO PROVIDE FOR HUMAN TRAFFICKING VICTIM PROTECTION;

AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1.

That Section 18-5601, Idaho Code, be, and the same is hereby amended to read as follows:

18-5601.

INTERSTATE TRAFFICKING IN PROSTITUTION.

Any person who im- ports a person or persons into this state, or who exports a person or persons from this state, for the purpose of prostitution, or any person who induces, entices, or procures such activity, shall be guilty of a felony punishable by imprisonment for a period of not less than two (2) years nor and not more than twenty (20) years, or by a fine of not less than one thousand dollars ($1,000), nor more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

SECTION 2.

That Section 18-5606 , Idaho Code, be, and the same is hereby repealed.

SECTION 3.

That Chapter 56, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 18-5606, Idaho Code, and to read as follows:

18-5606.

RECEIVING PROCEEDS OF ILLEGAL SEXUAL ACTIVITY.

(1) Any per- son who knowingly receives or accepts any proceeds, or the benefits of such proceeds, derived from another person engaging in sexual contact shall be guilty of a felony punishable by imprisonment for a period of not more than twenty (20) years, or by a fine of not more than fifty thousand dollars ($50,000), or by both such fine and imprisonment.

(2) As used in this section:

(a) "Benefits of such proceeds" includes but is not limited to any real or personal property obtained with or by use of proceeds as defined in this subsection;

any debt, rent, or other contractual obligation paid with proceeds as defined in this subsection;

and any service obtained in exchange for proceeds as defined in this subsection.

(b) "Proceeds" means any money, services, item of real or personal property, contraband, or thing of value paid or exchanged for sexual contact.

(c) "Sexual contact" means any touching of the sexual organs or other intimate body parts of another person for the purpose of arousing or gratifying the sexual desire of either party, including but not limited to sexual intercourse, oral-genital contact, manual genital contact, genital-anal contact, oral-anal contact, and other physical-genital contact.

(3) The person who provides sexual contact in exchange for proceeds, as set forth in subsection (1) of this section, and such person's minor children or legal dependents incapable of self-support shall not be criminally liable pursuant to this section.

SECTION 4.

That Chapter 86, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 18-8605, Idaho Code, and to read as follows:

18-8605.

HUMAN TRAFFICKING VICTIM PROTECTION.

(1) The attorney gen- eral shall, not later than January 1, 2024, issue a report outlining how existing state criminal laws protect or fail to protect human trafficking victims and recommending areas of improvement and modifications in existing laws and rules.

(2) The Idaho criminal justice commission, in consultation with the at- torney general, shall, not later than January 1, 2024, issue and deliver a report to the germane committees of the Idaho legislature outlining how ex- isting social service programs respond or fail to respond to the needs of human trafficking victims and the interplay of such existing programs with federally funded victim service programs and suggesting areas of improve- ment or modification.

Such inquiry shall include but not be limited to the ability of state programs and licensing bodies to recognize federal nonimmi- grant status for the purpose of benefits, programs, and licenses.

SECTION 5.

An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect thirty days fol- lowing signature by the Governor.