AB 157 — Establishes provisions relating to certain services for and resources concerning victims of human trafficking. (BDR 18-141)

EXEMPT (Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT A.B.

157 ASSEMBLYA BILLNSSEMBLY OB .ILL N O.

157–ASSEMBLYMEN157–A SSEMBLYMEN H AMBRICK , T OLLES , EELLISON LLISON;, K RASNER ;

EDWARDSE DWARDS , KRAMERK RAMER , L EAVITT , R OBERTS AND W HEELER FEBRUARY 15, 2019 ____________ JOINT SPONSORS :

ENATORS PICKARD ;AND PARKS ____________ Referred to Committee on Judiciary SUMMARY—ProvidesSUMMARY—Establishes certainprovisions protectionsrelating andto certain services for and resources concerning victims of human trafficking.

(BDR 16-141)18-141) FISCAL NOTE:

requiring certain law enforcement officials to take certain actions upon initially encountering a possible victim of human trafficking;

requiring the owner or operator of certain establishments and facilities to post an informational sign relating to the National Human Trafficking Hotline;

providing a penalty;

(NRS 200.463-200.465, 200.467, 200.468, 201.300,of 201.320)human Sectionstrafficking,” 1 and 3section 5 of this bill definedefines victimsthe commission of thosethoseims crimes as those crimes as “human trafficking.”sectiontrafficking.” 5Section of3 thisrequires bill defines the commissionDepartment of SectionHealth 1and requiresHuman aServices lawto enforcementdevelop officer, a districtstatewide attorneyplan orfor a deputy thereof or the Attorneydelivery Generalof orservices ato deputyvictims thereof,of ashuman soontrafficking asand possibleestablishes aftercertain hisrequirements orrelating her initial encounter with a possible victim of human trafficking, to makesuch a -plan. *AB157* – 2 – preliminary assessment of whether the victim is:

(1)Section eligible3 underalso existingrequires lawthe forDirector certainof compensationthe Department to periodically review the plan and assistanceits providedimplementation tofor victimscompliance ofwith crime;such established requirements.

- *AB157_R1* – 2 – Section 5 requires the Department of Education and (2)the eligibleState Board of Education to develop and distribute certain informational material relating to the human trafficking inof persons.children.

If the law enforcement officer, the district attorney or a deputy thereof or the Attorney General or a deputy thereof believes the person is eligible for certification as a victim of a severe form of trafficking in persons, section 1 requires the law enforcement officer, the district attorney or a deputy thereof or the Attorney General or a deputy thereof to notify the person and, upon request, to provide the person with certain immigration forms.

Section 1 also Attorney General or a deputy thereof to notify the Division of Child and Family or the Services of the Department of Health and Human Services if the possible victim of human trafficking is less than 18 years of age or the Aging and Disability Services Division of the Department if the possible victim is an older person or a vulnerable person.

Section 2 of this bill:

(1) requires an owner or operator of certain Human Trafficking Hotline obtained from the Department of Transportation or theal Department of Business and Industry;

and (2) provides that an owner or operator who fails to post the required informational sign must be given a warning and 24 hours to comply for a first violation and is guilty of a misdemeanor and subject to a fine not to exceed $500 for a second or subsequent violation.

Section 3 requires the Department of Health and Human Services to develop a staSection 5 requires the Department of Education and the State Board ofing.

Education to develop and distribute certain informational material relating to the human trafficking of children.

Chapter(Deleted 217 of NRS is hereby amended by addingamendment.) theretoSec. a new section to read as follows:

1.

As soon as practicable after the initial encounter with a person who reasonably appears to be a victim of human trafficking, a law enforcement officer, a district attorney or a deputy thereof or the Attorney General or a deputy thereof shall make a preliminary assessment of whether the victim:

(a) May be eligible for compensation or assistance pursuant to the provisions of this chapter;

and (b) Appears to meet the criteria for certification pursuant to 22 U.S.C.

§ 7105(b)(1) as a victim of a severe form of trafficking in persons, as defined in 22 U.S.C.

§ 7105, or appears to be otherwise eligible for any federal, state or local benefits or services.

If,(Deleted afterby theamendment.) preliminarySec. assessment conducted pursuant to subsection 1, the law enforcement officer, the district attorney or a deputy thereof or the Attorney General or a deputy thereof determines that the victim appears to be eligible for compensation or assistance pursuant to this chapter or to meet the criteria for - *AB157* – 3 – certification as a victim of a severe form of trafficking in persons, the law enforcement officer, the district attorney or a deputy thereof or the Attorney General or a deputy thereof shall:

(a) Notify the victim of the finding;

(b) Notify the victim of any compensation or assistance that may be available pursuant to this chapter and the manner in which to apply for such compensation or assistance;

(c) Refer the victim to available services, including, without limitation, legal services;

and (d) Upon the request of the victim, provide the victim with one or both of the following forms issued by the United States Citizenship and Immigration Services of the United States Department of Homeland Security:

(1) Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons.

(2) Form I-918, Supplement B, U Nonimmigrant Status Certification.

 The law enforcement officer, the district attorney or a deputy thereof or the Attorney General or a deputy thereof shall complete and execute the form in accordance with the applicable instructions, rules and regulations.

If the victim of human trafficking is less than 18 years of age, the law enforcement officer, the district attorney or a deputy thereof or the Attorney General or a deputy thereof shall notify the Division of Child and Family Services of the Department of Health and Human Services.

vulnerable person, the law enforcement officer, the district or a attorney or a deputy thereof or the Attorney General or a deputy thereof shall notify the Aging and Disability Services Division of the Department of Health and Human Services.

For the purposes of this subsection:

(a) “Older person” has the meaning ascribed to it in NRS 200.5092.

(b) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

5.