Judiciary

Human trafficking bill amended, advanced

Senators advanced a bill from general file March 21 that would increase awareness of human trafficking and enhance penalties for pandering.

As introduced by Lincoln Sen. Amanda McGill, LB1145 would:
• establish a commission on human trafficking;
• require training for government officials on human trafficking;
• allow a victim of sex trafficking to file a motion to vacate a conviction of prostitution;
• authorize law enforcement officials to seize property obtained due to a violation of the state human trafficking statute, which would then be subject to forfeiture; and
• require that the National Human Trafficking Resource Center Hotline number be posted in key establishments throughout the state.

Under the bill, forcing or enticing a person into prostitution would be a Class IV felony for a first offense. If the victim is younger than 18, it would be a Class III felony for the first and subsequent offenses. Pandering currently is a misdemeanor offense in Nebraska.

A Judiciary Committee amendment, adopted 35-0, removed provisions that would allow a victim to file a motion to vacate a prostitution conviction and authorize forfeiture of seized property.

Sen. Brenda Council of Omaha said the committee removed the provisions due to constitutional concerns. The resulting bill still would make progress toward the goal of protecting vulnerable Nebraskans from being victimized by human traffickers, she said.

Omaha Sen. Brad Ashford, chairperson of the committee, said trafficking is a serious problem in Nebraska, particularly for young female runaways.

“It is slavery,” he said. “It takes them away from their homes and puts them in a terrible environment.”

Sen. Mark Christensen of Imperial supported the bill, saying increased penalties for pandering were overdue.

“Nebraska is the leading researcher in the nation on human trafficking,” he said. “Yet we have some of the weakest laws.”

The bill advanced to select file on a 36-0 vote.

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