An Act To Implement the Recommendations of the Human Trafficking Task Force
Maine Legislature, Session 123, LD 0461
Committee Amendment CA_B_H686 (House)
Amends: 15 MRSA §5821, 17-A MRSA §1322, 5 MRSA §3360

COMMITTEE AMENDMENT "B, to H.P. 360, L.D. 461, Bill, "An Act To 
Implement the Recommendations of the Human Trafficking Task Force" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 17-A MRS A c. 10 is enacted to read: 
CHAPTER 10 
INVOLUNT ARY SERVITUDE AND HUMAN TRAFFICKING OFFENSES 
§221. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
"Commercial sexual activity" means a sexual act, sexual contact or sexual 
touching as defined in section 251; sexually explicit conduct as defined in section 281; or 
sexual exploitation of a minor as described in section 282, for which anything of value is 
given to, promised to or received by a person, or prostitution or promotion of prostitution 
as defined in section 851. 
2. "Debt bondage" means the status or condition of a debtor arising from a pledge by 
the debtor of the debtor's personal services or those of a person under the debtor's control 
as security for debt if the value of those services as reasonably assessed is not applied 
toward the payment of the debt or the length and nature of the services are not limited and 
defined. 
3. "Force, fraud or coercion" means: 
A. Causing or threatening to cause bodily injury to a person; 
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B. 
Restraining or threatening to restrain a person as defined m section 301, 
subsection 2; 
C. Abusing or threatening to abuse the law or legal process; 
D. 
Destroying, concealing, removing, confiscating or possessing any actual or 
purported passport or other immigration document, or other actual or purported 
government identification document of another person, without the legal right to do 
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E. Using extortion, as described in section 355, subsection 2; 
F. 
Causing or threatening to cause financial harm, including, but not limited to, 
through credit extortion, an intentional or knowing violation of the Maine Consumer 
Credit Code or an unfair employment agreement as described in Title 26, section 629; 
G. Causing or threatening to cause serious harm to a person; or 
H. Using any scheme, plan or pattern intended to cause a person to believe that if the 
person does not perform certain labor or services that person or another person will 
suffer serious harm or restraint. 
4. "Forced labor or services" means labor or services that are performed or provided 
by another person and are obtained or maintained through an actor by the use of force, 
fraud or coercion. 
"Forced labor or services" includes, but is not limited to, debt 
bondage. 
5. "Human trafficking offense" means an offense under sections 222 to 224. 
6. "Labor" means work of economic or financial value. 
7. "Services" means an ongoing relationship between a person and the actor in which 
the person performs activities under the supervision of or for the benefit of the actor or a 
3rd party. "Services" includes commercial sexual activity. 
8. "Victim" means a person subjected to involuntary servitude or human trafficking 
as described in sections 222 to 224. 
§222. Causing involuntary servitude 
1. A person is guilty of causing involuntary servitude ifthe person: 
A. Intentionally or knowingly subjects another person to forced labor or services; or 
B. Intentionally or knowingly benefits financially from or receives anything of value 
from any person's conduct described in paragraph A. 
2. Causing involuntary servitude is a Class B crime. 
§223. Human trafficking 
1. A person is guilty of human trafficking if the person: 
A. 
Intentionally or knowingly recruits, entices, harbors, transports, provides or 
obtains by any means another person, intending or knowing that that person will be 
subjected to forced labor or services; 
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B. 
Intentionally or knowingly recruits, entices, harbors, transports, provides or 
obtains by any means a person, intending or knowing that that person will be 
subjected to commercial sexual activity through force, fraud or coercion; or 
C. Intentionally or knowingly benefits financially or receives anything of value from 
any person's conduct described in paragraph A or B or section 224. 
2. Human trafficking is a Class B crime. 
§224. Aggravated human trafficking 
1. A person is guilty of aggravated human trafficking if the person: 
A. Commits human trafficking and the person subjected to the human trafficking 
dies in the course or as a result of the human trafficking; or 
B. Commits human trafficking and the person subjected to the human trafficking is 
in fact a minor. 
2. Aggravated human trafficking is a Class A crime. 
§225. Inapplicable defenses 
The following are not defenses to a prosecution under sections 222 to 224: 
1. That the victim is or was related by blood or marriage to the defendant or to 
anyone else involved in the involuntary servitude or human trafficking; 
2. That the victim or another person on behalf of the victim consented to commercial 
sexual activity; 
3. The age of consent to sex or legal age for marriage; or 
4. Any mistake as to the age of the victim. 
PARTB 
Sec. B-1. 5 MRS A c. 337-C is enacted to read: 
CHAPTER 337-C 
CIVIL REMEDIES FOR HUMAN TRAFFICKING 
§4701. Remedies for human trafficking 
1. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Trafficked person" means a victim of a human trafficking offense under Title 
17-A, chapter 10. 
B. 
"Criminal proceeding" includes the investigation and prosecution of criminal 
charges. 
A criminal proceeding remains pending until final adjudication in the trial 
court. 
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2. Civil action for damages, relief. A trafficked person may bring a civil action for 
actual damages, compensatory damages, punitive damages, injunctive relief, any 
combination of those or any other appropriate relief. A prevailing plaintiff is entitled to 
an award of attorney's fees and costs. 
3. 
Statute of limitations. 
An action brought pursuant to this section must be 
commenced within 10 years of the date on which the trafficked person was freed from the 
trafficking situation. 
A. If a person entitled to bring an action under this section is under disability when 
the cause of action accrues so that it is impossible or impracticable for the person to 
bring an action, the time during which the person is under disability tolls the running 
of the time limit for the commencement of the action. 
For the purposes of this 
paragraph, a person is under disability if the person is a minor or is mentally ill, 
imprisoned, outside the United States or otherwise incapacitated or incompetent. 
B. The statute of limitations is tolled for an incompetent or minor plaintiff even if a 
guardian ad litem has been appointed. 
C. A defendant is estopped from asserting a defense of the statute oflimitations if the 
trafficked person did not file before the expiration of the statute oflimitations due to: 
(1) Conduct by the defendant inducing the plaintiff to delay the filing of the 
action or preventing the plaintiff from filing the action; or 
(2) Threats made by the defendant that caused duress to the plaintiff. 
D. 
The statute of limitations is tolled during the pendency of any criminal 
proceedings against the trafficked person. 
4. 
Cause of action on trafficked person's behalf. 
A legal guardian, family 
member, representative of the trafficked person or court appointee may represent the 
trafficked person or the trafficked person's estate if deceased. 
PARTC 
Sec. C-l. 15 MRSA §5821, sub-§8, as enacted by PL 1989, c. 302, §3, IS 
repealed. 
Sec. C-2. 15 MRSA §5821, sub-§9 is enacted to read: 
9. Assets in human trafficking offenses. All assets, including money instruments, 
personal property and real property, used or intended for use in or traceable to a human 
trafficking offense under Title 17-A, chapter 10. 
Sec. C-3. 15 MRSA §5821, as amended by PL 2003, c. 688, Pt. B, §2, is further 
amended by adding at the end a new paragraph to read: 
A forfeiture under this section of property encumbered by a perfected bona fide 
security interest is subject to the interest of the secured party if the party neither had 
knowledge of nor consented to the act or omission upon which the right of forfeiture is 
based. 
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COMMITTEE AMENDMENT ,,6, to H.P. 360, L.D. 461 
PARTD 
Sec. D-l. 17-A MRSA §1322, sub-§3, W, as repealed and replaced by PL 1993, 
c. 305, § 1, is amended to read: 
F. 
"Work loss" means loss of income from work the injured person would have 
performed if the injured person had not been injured and expenses reasonably 
incurred by the injured person in obtaining services in lieu of those the injured person 
would have performed for income, reduced by any income for substitute work 
actually performed by the injured person or by income the injured person would have 
earned in available appropriate substitute work the injured person was capable of 
performing but unreasonably failed to undertake. For a victim of a human trafficking 
offense under chapter 10, "work loss" includes payor benefits unfairly or illegally 
withheld from the victim by the offender or any unfair labor agreement under Title 
26, section 629, as defined by rules adopted by the Department of Labor. 
Sec. D-2. Rulemaking. By October 1, 2008, the Department of Labor shall adopt 
rules to define "work loss" under the Maine Revised Statutes, Title 17-A, section 1322, 
subsection 3, paragraph F for victims of human trafficking offenses under Title 17-A, 
chapter 10 who are eligible for restitution. Rules adopted pursuant to this section are 
routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. D-3. Effective date. This Part takes effect 90 days after the adjournment of 
the Second Regular Session of the 123rd Legislature. 
PARTE 
Sec. E-l. 5 MRS A §3360, sub-§3, ~G, as amended by PL 2005, c. 22, §2, is 
further amended to read: 
G. Leaving the scene of a motor vehicle accident involving personal injury or death, 
in violation of Title 29-A, section 2252; ef 
Sec. E-2. 5 MRSA §3360, sub-§3, ~, as enacted by PL 2005, c. 22, §3, is 
amended to read: 
H. Sexual exploitation of a minor as described in Title 17-A, chapter 12"~ 
Sec. E-3. 5 MRS A §3360, sub-§3, ~ is enacted to read: 
1. Causing a human trafficking offense as described in Title 17-A, chapter 10. 
PARTF 
Sec. F-l. 
Attorney General's working group on human trafficking; 
report. The Attorney General shall convene a working group on human trafficking 
consisting of representatives of the following: the Department of Health and Human 
Services, the Department of Labor, the Department of Public Safety, the Maine Institute 
for Public Safety Innovation, law enforcement, immigrant legal services, interested 
parties, other state agencies and service providers, including, but not limited to, health 
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care, domestic violence and sexual assault victim advocates and other social service 
providers. The working group shall: 
1. Develop training for law enforcement and community organizations; 
2. Develop outreach and public awareness campaigns; 
3. Work on options and initiatives for data collection; 
4. Determine the need for victim and witness laws, victims' services and obtaining 
special visa status for victims who are undocumented immigrants, the coordination of 
services and the coordination of state and federal victim services programs for benefits, 
programs and licenses; 
5. Monitor the actions of international matchmaking organizations to determine if 
state intervention or regulation is necessary; and 
6. 
Determine whether a special tolling statute based on cultural and linguistic 
isolation would be appropriate for pursuing civil remedies under the Maine Revised 
Statutes, Title 5, chapter 337-C. 
The working group shall report to the Second Regular Session of the 124th 
Legislature by January 15,2010. 
Sec. F -2. Effective date. This Part takes effect 90 days after the adjournment of 
the Second Regular Session of the 123rd Legislature. 
PARTG 
Sec. G-l. Effective date. Except as otherwise indicated, this Act takes effect 
January 1,2009.' 
SUMMARY 
This amendment replaces the bill. Like the bill, it is based on the work of the Human 
Trafficking Task Force and establishes the crimes of causing involuntary servitude, 
human trafficking and aggravated human trafficking. 
It also provides that certain 
circumstances cannot be used as defenses to prosecutions. 
This amendment creates a new chapter that provides for civil remedies for human 
trafficking. 
It allows a trafficked person to bring a civil action for actual damages, 
compensatory damages, punitive damages, injunctive relief, any combination of those 
remedies and any other appropriate relief. A prevailing plaintiff is entitled to attorney's 
fees and costs. The statute of limitations for bringing the action is 10 years from the 
trafficking ?ct, although the time limitation does not run while the trafficked person is 
under the age of 18, mentally ill, imprisoned, outside the United States or otherwise 
incapacitated or incompetent when the cause of action accrues. This is similar to the 
toll ing statute of the Maine Revised Statutes, Title 14, section 853. The amendment also 
provides that the defendant cannot assert the defense of expiration of the statute of 
limitations if the running of the time is due to conduct by the defendant's inducing the 
plaintiff to delay the filing of the action or preventing the plaintiff from filing the action, 
or because of threats made by the defendant. 
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This amendment provides for the civil forfeiture of property used in involuntary 
servitude and human trafficking offenses. It also corrects a formatting error in the current 
law. 
Like the bill, this amendment gives the human trafficking victim the right to collect 
damages and compensation through criminal restitution law and the Victims' 
Compensation Fund. It requires rulemaking by the Department of Labor for the purposes 
of victim restitution. 
This amendment directs the Attorney General to convene a broad working group to 
address human trafficking issues. Monitoring international matchmaking organizations is 
added to the list of tasks, as is whether a special statute of limitations tolling provision is 
appropriate because of victims' cultural and linguistic isolation. The working group will 
report to the Legislature by January 15,2010. 
This amendment provides an effective date of January 1, 2009, except that the 
provisions establishing the Attorney General's working group on human trafficking and 
the definition of "work loss" and rulemaking in the Department of Labor regarding work 
loss take effect 90 days after adjournment of the Second Regular Session of the 123rd 
Legislature. 
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FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01129108 frac:.. 
LD461 
LR 476(05) 
An Act To Implement the Recommendations of the Human Trafficking Task Force 
Fiscal Note for Bill as Amended by Committee Amendment ,13 " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Correctional and Judicial Impact Statements 
Establishes new Class B crimes and increases certain offenses to Class A; see cost detail below. 
Increases the number of civil suits filed in the court system. 
Fiscal Detail and Notes 
Correctional Cost Detail 
Establishes a new Class B crime 
Total Cost 
FY 2009 
FY 2010 
$37,945 
$75,891 
$37,945 
$75,891 
FY 2011 
FY 2012 
$94,915 
$94,915 
$94,915 
$94,915 
FY 2013 
$94,915 
$94,915 
It is estimated that the Department of Corrections will incur additional costs of $37,945 in fiscal year 2008-09 based 
on one projected incarceration in a state correctional facility. This estimate assumes that the average cost to the State 
for a Class B sentence is $94,915, the average length of stay is 2 years and 7 months (913 days) and that the sentence 
will begin in fiscal year 2008-09. No funding is provided in this bill to accomodate the additional cost. 
The additional cost to the Judicial Department can be absorbed by the department utilizing existing budgeted 
resources. 
The additional costs associated with a working group to address human trafficking issues and rulemaking can be 
absorbed by the Department of the Attorney General and the Department of Labor within existing budgeted resources. 
LR0476(05) - Fiscal Note - Page I of I