An Act To Establish the Crimes of Criminal Forced Labor and Aggravated Criminal Forced Labor in the Maine Criminal Code
Maine Legislature, Session 128, LD 1740
Committee Amendment CA_A_S385 (Senate)
Amends: 17-A MRSA §853

COMMITTEE AMENDMENT "A " to S.P. 639, L.D. 1740, Bill, "An Act To 
Establish the Crimes of Criminal Forced Labor and Aggravated Criminal Forced Labor in 
the Maine Criminal Code" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Criminal Forced Labor, Aggravated Criminal Forced Labor, 
Sex Trafficking and Human Trafficking' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 5 MR.SA §4701, sub-§1, ,re, as repealed and replaced by PL 2013, c. 
407, § 1, is amended to read: 
C. "Human trafficking offense" includes: 
(1) Aggravated sex trafficking and sex trafficking under Title 17-A, sections 852 
and 853, respectively, and criminal forced labor and aggravated criminal forced 
labor under Title 17-A, sections 304 and 305. respectively; and 
(2) All offenses iti"Title 17-A, chapters 11, 12 and 13 if accompanied by the 
destruction, concealment, removal, confiscation or possession of any actual or 
purported passport or other immigration document or other actual or purported 
government identification document of the other person or done using any 
scheme, plan or pattern intended to cause the other person to believe that if that 
person does not perform certain labor or services, including prostitution, that the 
person or a 3rd person will be subject to a harm to their health, safety or 
immigration status.' 
Amend the bill in section 1 in §304 by inserting at the end a new subsection to read: 
'3. It is an affirmative defense to prosecution under this section that the person 
engaged in criminal forced labor because the person was compelled to do so as described 
in subsection 1.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 639, L.D. 1740 
Amend the bill in section 1 in §305 by inserting at the end a new subsection to read: 
'3. It is an affirmative defense to prosecution under this section that the person 
engaged in aggravated criminal forced labor because the person was compelled to do so 
as described in section 304, subsection 1.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 17-A MRSA §853, sub-§3 is enacted to read: 
3. It is an affirmative defense to prosecution under this section that the person 
engaged in sex trafficking because the person was compelled to do so as described in 
section 852, subsection 2. 
Sec. 3. 26 MRSA c. 7, sub-c. 12 is enacted to read: 
SUBCHAPTER 12 
HUMAN TRAFFICKING AWARENESS SIGNS 
§879. Human trafficking awareness signs 
1. Department provides public awareness signs. The Department of Labor shall 
provide the Department of Transportation, the Maine Turnpike Authority and each 
employer in the State that is a business or employer listed in subsection 3 with public 
awareness signs that contain a telephone number for a national human trafficking hotline. 
2. 
Departments posting public awareness signs. 
The Department of 
Transportation and the Maine Turnpike Authority shall work cooperatively and shall post 
and keep posted in a conspicuous manner in every transportation center and every 
highway rest area and welcome center a public awareness sign provided by the 
Department of Labor pursuant to subsection 1. 
3. Businesses and employers posting public awareness signs. The following 
businesses and employers shall post and keep posted in a conspicuous manner that is 
clearly visible to the public and to employees within their businesses and places of 
employment public awareness signs provided by the Department of Labor pursuant to 
subsection 1: 
A. A Department of Labor career center: 
B. An office that provides services under the Governor's Jobs Initiative Program 
under section 2031: 
C. A hospital or facility providing emergency medical services that is licensed under 
Title 22, section 1811: 
D. An eating and lodgi11~g place licensed under Title 22, chapter 562: 
E. 
An adult entertainment nightclub or bar. adult spa. establishment featuring 
strippers or erotic dancers or other sexually oriented business: 
F. A money transmitter licensed under Title 32, chapter 80, subchapter 1: and 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A "toS.P. 639,L.D.1740 
G. A check cashing business or foreign currency exchange business registered under 
Title 32. chapter 80. subchapter 2. 
4. Penalty. A person who fails to post a sign as required by subsection 3 commits a 
civil violation for which a fine of $300 per violation must be adjudged.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the title of the bill and adds criminal forced labor and 
aggravated criminal forced labor to the definition of "human trafficking offense" in the 
law providing civil remedies for human trafficking. 
The amendment provides a~ 
affirmative defense to prosecution for a person who violates the criminal forced labor or 
aggravated criminal forced labor provision in the bill or the sex trafficking provision in 
current law that the violator was compelled to violate the provision. The amendment 
requires the Department of Labor to provide to the Department of Transportation, the 
Maine Turnpike Authority and certain businesses and employers signs that contain a 
telephone number for a national human trafficking hotline. The amendment requires that 
the Department of Transportation, the Maine Turnpike Authority and certain businesses 
and employers post the signs and provides a civil violation penalty of $300 per violation 
against certain businesses and employers for failure to post the required signs. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/06/18 .:t:Pac.. 
LD 1740 
LR2547(02) 
An Act To Establish the Crimes of Criminal Forced Labor and Aggravated Criminal Forced Labor in 
the Maine Criminal Code 
Fiscal Note for Bill as Amended by Committee Amendment 'fit ( S- ~ ~ 5) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Highway Fund 
Minor cost increase - Maine Turnpike Authority 
Correctional and Judicial Impact Statements 
Establishes new Class B and Class C crimes; increases correctional and judicial costs. 
Increases the number of civil suits; the collection of additional filing fees may also increase General Fund revenue by 
minor amounts. 
Establishes new civil violations; the collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Labor to provide signs to the Department of Transportation, the Maine 
Turnpike Authority and certain businesses and employers can be absorbed within existing budgeted resources. 
Additional costs to the Department of Transportation and the Maine Turnpike Authority associated with signage can 
be absorbed within existing budgeted resources. 
LR2547(02) - Fiscal Note - Page 1 of I