Bill would create human trafficking provisions, enhance penalties

The Judiciary Committee heard testimony Feb. 16 on a bill that would create provisions for human trafficking and enhance penalties for pandering.

LB1145, introduced by Lincoln Sen. Amanda McGill, would:
• establish a commission on human trafficking;
• require training for government officials on human trafficking;
• allow victims 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 under the age of 18, it would be a Class III felony for the first and subsequent offenses.

According to McGill, the creation of a commission on human trafficking would help the state collect more efficient data and would be a more comprehensive approach to addressing human trafficking in Nebraska.

Tom Casady, public safety director for Lincoln, testified in support of the bill. He cited a case involving a 47-year-old Lincoln man who prostituted a 16-year-old girl and served only two years for the offense.

“Something just is not right about a man being involved in human trafficking and putting a young woman into prostitution,” Casady said. “There should be a more serious penalty for such a serious circumstance.”

Lazaro Spindola, executive director of the state’s Latino American Commission, testified in support of the bill, saying the commission receives many reports from individuals expected to exchange sex to maintain their jobs and to work for under minimum wage.

“Many people come to our commission [with complaints],” Spindola said, “but we are not in the business of conducting criminal investigations.”

Judi gaiashkibos, executive director of the Nebraska Commission on Indian Affairs, also testified in support of the bill, saying these types of situations are happening to Indian women and children in Whiteclay.

“This [bill] gives Nebraska an opportunity to make the state a great place for all people to live in,” gaiashkibos said.

David Baker, deputy chief of the Omaha Police Department, testified in a neutral capacity. He said the forfeiture of property seized in an investigation without due process raises some constitutional concerns.

“While we are going to go after these criminals full force, we also want to ensure that we are protecting their constitutional rights,” Baker said.

The committee took no immediate action on the bill.