Human trafficking immunity amended, advanced

Lawmakers gave first-round approval March 16 to a bill that would provide legal immunity to victims of human trafficking.

LB843, introduced by Lincoln Sen. Patty Pansing Brooks, would provide legal immunity from prostitution charges for any person proven by law enforcement to be a victim of labor or sex trafficking. Pansing Brooks said human trafficking is second only to drug trafficking as a highly profitable commodity.

“We know that a huge portion of victims are forced or coerced into prostitution,” she said. “They know it is illegal so they avoid seeking help, even though they are victims themselves.”

Omaha Sen. Nicole Fox supported the bill. She said it is difficult for many Nebraskans to accept that human trafficking happens in the state.

“Unfortunately, it flourishes here,” she said, adding that events like the College World Series in Omaha and University of Nebraska-Lincoln football games are frequent targets for traffickers. “It’s time to increase awareness, prosecute the real offenders and end the suffering of the victims.”

Sen. Paul Schumacher of Columbus raised concerns about allowing law enforcement officers to determine whether or not a person is a victim of human trafficking, thereby granting that person immunity under LB843.

“I don’t know any other section [of law] that allows a police officer to determine if a person is immune from criminal charges,” he said. “I can understand if a prosecutor decides not to prosecute, but police officers do not make a determination of immunity for any other prosecution.”

A Judiciary Committee amendment, adopted 27-0, incorporated provisions of LB1097, originally introduced by Lincoln Sen. Adam Morfeld. These provisions would create the Sexual Assault Payment Program to pay up to $500 for out-of-pocket costs associated with sexual assault medical examinations.

Morfeld said the change would encourage medical providers to establish or expand the services they provide.

“[LB1097] was designed to provide greater access across Nebraska to trained medical personnel and deliver a higher standard of care [for sexual assault victims].”

Associated costs covered would include patient examination and interview, collection and evaluation of physical evidence, facility fees and laboratory processing fees.

A program administrator would distribute forensic medical examination kits to health care providers at no cost to the providers and oversee examination training throughout the state.

Senators advanced the bill to select file on a 32-0 vote.