Judiciary

Senators advance human trafficking prevention

A measure that would enhance human trafficking prevention efforts was amended and advanced April 22.

Introduced by Norfolk Sen. Jim Scheer, LB294 would:
• increase penalties for solicitation of prostitution, pandering and keeping a house of prostitution;
• permit search warrants and subpoenas to be issued for entities located outside of Nebraska;
• define offenders’ property that would be subject to forfeiture; and
• require that all forfeited assets be deposited in a victim assistance fund.

Scheer said the bill is designed to diminish the profitability and increase the risk of prosecution for those who treat prostitution as a business in Nebraska. By increasing penalties and giving victims opportunities for restitution, Scheer said, the bill would send a message that human trafficking enterprises are not welcome in the state.

“Human trafficking is a market-driven criminal enterprise that treats our most vulnerable [citizens] as human commodities,” Scheer said. “It feeds upon those who are the least able to protect themselves.”

A Judiciary Committee amendment, adopted 36-0, removed several original provisions of the bill including those:
• designating a minimum restitution of $150,000;
• allowing juvenile courts to maintain jurisdiction over juvenile victims; and
• permitting law enforcement officers to take temporary custody of a juvenile prostitution suspect without a warrant.

The amendment also would require the Foster Care Review Office to collect information on child trafficking victims.

Bancroft Sen. Lydia Brasch spoke in support of the bill, calling human trafficking a “modern slavery,” that fosters gang activity, forced abortion and sexually transmitted disease. The bill would serve as a significant step in the state’s efforts to make its citizens aware that human trafficking exists in Nebraska, she said.

An amendment to the committee amendment, introduced by Lincoln Sen. Adam Morfeld, was adopted 35-0. It would permit human trafficking as a defense to prosecution for prostitution and would require that proceeds from forfeited and liquidated property be remitted to the state treasurer rather than the Human Trafficking Victim Assistance Fund.

Lawmakers advanced the bill from general file on a 34-0 vote.

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