An Act To Assist Victims of Human Trafficking
Maine Legislature, Session 126, LD 1730
Committee: Judiciary
Sponsors: VOLK, CASAVANT, KAENRATH, MARKS, PEASE, WILSON, DUTREMBLE, MASON, PLUMMER
Amends: 5 MRSA §4702, 15 MRSA §2161-B, 17-A MRSA §103-A

Legislative Document 
No. 1730 
H.P. 1238 
House of Representatives, January 16, 2014 
An Act To Assist Victims of Human Trafficking 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Representatives: CASAVANT of Biddeford, KAENRATH of South Portland, 
MARKS of Pittston, PEASE of Morrill, WILSON of Augusta, Senators: DUTREMBLE of 
York, MASON of Androscoggin, PLUMMER of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §4702 is enacted to read: 
§4702.  Trafficking Prevention and Intervention Fund 
1.  Creation of fund.  The Trafficking Prevention and Intervention Fund, referred to 
in this section as "the fund," is created to support state and local efforts to reduce human 
trafficking offenses, including sex trafficking.  At least half the funds in the fund must be 
spent on prevention, including education programs for offenders, and rehabilitation 
services, such as mental health and substance abuse counseling, parenting skills training, 
housing relief, education, vocational training, drop-in centers and employment 
counseling, to help individuals transition out of the commercial sex industry. 
2.  Administration.   The Victims' Compensation Board established in section 
12004-J, subsection 11 shall administer the fund.  All costs of administering the fund 
must be paid out of funds deposited in the fund pursuant to subsection 3. 
3.  Funding sources.  As part of the sentence or fine imposed, the court shall impose 
an assessment of $1,000 on a person convicted of a crime under Title 17-A, section 852, 
853, 853-B or 855.  Notwithstanding any other law, the court may not waive the 
imposition of the assessment required by this subsection.  For purposes of collection and 
collection procedures, this assessment is considered part of the fine.  At the time of 
commitment, the court shall inform the Department of Corrections or the county sheriff 
of any unpaid balances on assessments owed by the offender to the fund.  All funds 
collected as a result of these assessments accrue to the fund. 
4.  Additional funding sources.  The fund may receive private donations, federal 
funds and state funds designated by law, which must be used for the purposes listed in 
this section. 
5.  Rules.  The Victims' Compensation Board established in section 12004-J, 
subsection 11 shall administer the fund and may adopt rules to carry out the purposes of 
this section.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in chapter 375, subchapter 2-A. 
Sec. 2.  15 MRSA §2161-B is enacted to read: 
§2161-B.  Petition for pardon by victim of human trafficking offense 
If a person is convicted of a crime and the person engaged in the conduct constituting 
the crime as a direct result of being a victim of a human trafficking offense as defined in 
Title 5, section 4701, subsection 1, paragraph C, the person may file a petition seeking a 
pardon immediately upon the imposition of the sentence, even if an appeal is taken.  This 
section does not apply to a person whose conduct includes the use of deadly force as 
defined in Title 17-A, section 2, subsection 8, nondeadly force as defined in Title 17-A, 
section 2, subsection 18 or a dangerous weapon as defined in Title 17-A, section 2, 
subsection 9, paragraph A. 
Sec. 3.  17-A MRSA §103-A, sub-§4 is enacted to read: 
4.  It is a defense that, when a person is charged with engaging in prostitution, the 
person was compelled to do so as described in section 852, subsection 2. 
SUMMARY 
This bill proposes to assist victims of human trafficking in 3 ways. 
First, it creates a defense for a person charged with engaging in prostitution if the 
person proves that the person was compelled to do so as described in the law that 
describes aggravated sex trafficking. 
Second, it creates the Trafficking Prevention and Intervention Fund to support state 
and local efforts to reduce human trafficking offenses, including sex trafficking.  At least 
half the funds must be spent on prevention, including education programs for offenders, 
and rehabilitation services, such as mental health and substance abuse counseling, 
parenting skills training, housing relief, education, vocational training, drop-in centers 
and employment counseling, to help individuals transition out of the commercial sex 
industry.  The Department of the Attorney General, Victims' Compensation Board is 
required to administer the fund.  The fund is funded through an assessment imposed on 
persons convicted of certain sex crimes and may receive private donations and federal 
and state funds. 
Third, it authorizes a person to file a petition seeking a pardon immediately upon the 
imposition of a sentence for a crime if the person engaged in the conduct constituting the 
crime as a direct result of being a victim of a human trafficking offense.