HOUSE DOCKET, NO. 3437        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1761

The Commonwealth of Massachusetts

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PRESENTED BY:

Elizabeth A. Malia and Mary S. Keefe

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to strengthen justice and support for sex trade survivors.

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PETITION OF:

HOUSE DOCKET, NO. 3437        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1761

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to strengthen justice and support for sex trade survivors.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 7 of chapter 4, as appearing in the 2018 Official Edition, is hereby amended by inserting after the sixty-first definition the following definitions:-

Sixty-second, “prostituted person” shall mean any person who has been subjected to prostitution because such person: (i) is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of the crime of sex trafficking as defined in 22 United States Code 7105; (ii) engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, in violation of subsection (a) of section 53A of chapter 272 as appearing in the 2018 Official Edition, or in exchange for food, shelter, clothing, education or care; (iii) is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under by section 4A of chapter 272; or (iv) engages in common night walking or common streetwalking under section 53 of chapter 272 as enacted prior to as appearing in the 2018 Official Edition.

Sixty-third, “survivor-of-prostitution-led exit programming” shall mean exit programming founded and led by one or more prostituted person(s) that provides exit programming designed to address the barriers, complexities, and challenges of exiting the sex trade.

SECTION 2.  Section 8 of chapter 272 of the General Laws is hereby amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. Whoever solicits or receives compensation for soliciting for a prostitute, except a prostituted person who is solicited, shall be punished by imprisonment in a house of correction for not more than 2 and one-half years, or by a fine assessed as described in this section, or by both such imprisonment and fine.  The fine assessed shall be set on a sliding scale as follows: (i) not less than $500 and not more than $1,000, provided that the person’s gross income, as defined by the U.S. Tax Code, is less than $12,760; (ii) not less than $1,000 and not more than $2,000, provided that the person’s gross income is less than $35,977; (iii) not less than $2,000 and not more than $3,500, provided that the person’s gross income is less $158,002; and (iv) not less than $3,500 and not more than $5,000, provided that the person’s gross income is greater than or equal to $158,002.

All monies collected as fines for violation of this section shall be transmitted monthly by the courts to the state treasurer who shall then allocate the funds to the Massachusetts Office for Victim Assistance who shall, in turn, allocate the funds to survivor-of-prostitution-led exit programming.

SECTION 3.  Section 53 of chapter 272 of the General Laws is hereby amended by striking out subsection (a) as appearing in the 2018 Official Edition, and inserting in place thereof the following subsection:-

(a) Whoever commits offensive and disorderly acts or language, accosts or annoys another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

SECTION 4.  Section 53A of chapter 272 of the General Laws is hereby amended by repealing subsection (a) as appearing in the 2018 Official Edition. 

SECTION 5. Section 53A of chapter 272 of the General Laws is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Whoever pays, agrees to pay, or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another person, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by a fine. The fine assessed shall be set on a sliding scale as follows: (i) not less than $500 and not more than $1,000, provided that the person’s gross income, as defined by the U.S. Tax Code, is less than $12,760; (ii) not less than $1,000 and not more than $2,000, provided that the person’s gross income is less than $35,977; (iii) not less than $2,000 and not more than $3,500, provided that the person’s gross income is less $158,002; and (iv) not less than $3,500 and not more than $5,000, provided that the person’s gross income is greater than or equal to $158,002.

SECTION 6. Section 53A of chapter 272 of the General Laws is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsections:- 

(c) Whoever pays, agrees to pay or offers to pay any person with the intent to engage in sexual conduct with a child under the age of 18, or whoever is paid, agrees to pay or agrees that a third person be paid in return for aiding a person who intends to engage in sexual conduct with a child under the age of 18, shall be punished by imprisonment in the state prison for not more than 10 years, or in the house of correction for not more than 2 and one-half years and by a fine. The fine assessed shall be set on a sliding scale as follows: (i) not less than $3,000 and not more than $4,000, provided that the person’s gross income, as defined by the U.S. Tax Code,  is less than $12,760; (ii) not less than $4,000 and not more than $5,000, provided that the person’s gross income is less than $35,977; (iii) not less than $5,000 and not more than $8,000, provided that the person’s gross income is less $158,002; and (iv) not less than $8,000 and not more than $10,000, provided that the person’s gross income is greater than or equal to $158,002.

(d) All monies collected as fines for violation of this section shall be transmitted monthly by the courts to the state treasurer who shall then allocate the funds to the Massachusetts Office for Victim Assistance who shall, in turn, allocate the funds to survivor-of-prostitution-led exit programming.

SECTION 7.  Section 55 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “section 50 or 51” and inserting in place thereof the following words: “section 50 or 51 of this chapter or Section 8 or 53A of chapter 272”.

SECTION 8. Section 55 of chapter 265 of the General Laws is hereby further amended by striking out the words “Sec. 50 or 51” from the title and inserting in place thereof the following title: “Section 50 or 51 of this chapter or Section 8 or 53A of chapter 272”.

SECTION 9. Section 55 of chapter 265 of the General Laws is hereby further amended by inserting at the end of the paragraph the following paragraph:-

All monies used or intended to be used to facilitate any violation of section 8 or 53A of chapter 272 that are not provided as restitution to victims shall be transmitted monthly by the courts to the state treasurer who shall then allocate the funds to the Massachusetts Office for Victim Assistance who shall, in turn, allocate the funds to survivor-of-prostitution-led exit programming.

SECTION 10.  Section 56 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “Secs. 50 or 51” in the title and inserting in place thereof the following words: “Section 50 or 51 of this chapter or Section 8 or 53A of chapter 272”.

SECTION 11. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out the words “section 50 or 51” in subsection (a)(i) and inserting in place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 12. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out the words “section 50 or 51” in subsection (a)(ii) and inserting in place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 13. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out the words “section 50 or 51” in subsection (a)(iii) and inserting in place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 14. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out the words “section 50 or 51” in subsection (a)(iv) and inserting in place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 15. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out the words “section 50 or 51” in subsection (c)(i) and inserting in place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 16. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out the words “section 50 or 51” in subsection (c)(iii) and inserting in place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 17. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out each occurrence of the words “section 50 or 51” in subsection (d) and inserting in each place thereof the following words: “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”.

SECTION 18. Section 56 of chapter 265 of the General Laws is hereby further amended by striking out subsection (e), as so appearing, and inserting in place thereof the following subsection:-

(e) For property subject to forfeiture resulting from violations of sections 50 or 51 of this chapter, the final order of the court shall be deposited into the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10.  For property subject to forfeiture resulting from violations of section 8 or 53A of chapter 272, the final order of the court shall provide that said moneys and the proceeds or any such sale shall be transmitted monthly by the courts to the state treasurer who shall then allocate the funds to the Massachusetts Office for Victim Assistance who shall, in turn, allocate the funds to survivor-of-prostitution-led exit programming.

SECTION 19.  Chapter 265 of the General Laws is hereby amended by adding after section 59 the following section, which shall be titled “Interagency committee to address all aspects of prostitution”:-

Section 60.  (a) There shall be an interagency committee to be convened by the Executive Office of Health and Human Services within 90 days from the date of the enactment of this provision to address all aspects of prostitution, including the causes thereof, solutions therefor, and public concerns related thereto. The committee shall undertake efforts to prevent, identify, and respond effectively to all forms of prostitution and shall consist of: (i) the director of the Massachusetts Office for Victim Assistance or the director’s designee, who shall serve as a co-chair; (ii) the secretary of the Executive Office of Health and Human Services or the secretary’s designee, who shall serve as a co-chair; (iii) a representative of the Department of Public Health; (iv) a representative of the Department of Housing and Community Development; (v) a representative of the Department of Children and Families; (vi) a representative of the Department of Mental Health; (vii) a representative of the Executive Office of Labor and Workforce Development; (viii) a representative of a survivor-of-prostitution-led entity dedicated to working with prostituted persons based in or around Boston; (ix) a representative of a survivor-of-prostitution-led entity dedicated to working with prostituted persons based in or around Worcester; (x) a representative of a survivor-of-prostitution-led entity dedicated to working with prostituted persons based in Western Massachusetts; (xi) representative(s) from one or more organizations focused on the needs of the LBGTQ+ community; (xii) representative(s) from one or more organizations dedicated to providing treatment to those with substance use disorder; (xiii) a representative of Boston Medical Center; (xiv) a representative of the Massachusetts Office of Refugees and Immigrants; (xv) a representative from the Committee for Public Counsel Services; and (xvi) a victim witness advocate appointed by the Massachusetts Office for Victim Assistance. The members of the committee shall serve without compensation.

The committee shall be responsible for the following duties: (i) coordinating and facilitating prevention and awareness campaigns focused on demanding reduction and education targeting young men and boys, which highlight the negative consequences of purchasing sex and recognize the violence, human rights violations, and degradation inherent in the commercial sex trade; (ii) addressing the need for long-term housing and the implementation of supportive housing for vulnerable populations; (iii) addressing the need for and implementation of innovative employment programs, pathways to employment, and employment training for vulnerable populations; (iv) assisting existing organizations providing survivor-of-prostitution-led exit programming in creating and ensuring continuity of support for survivors; (v) addressing the prevalence of co-occurring substance use within vulnerable populations and the intersection between early victimization and development of alcohol use, other drug use, and exploitation; (vi) overseeing and facilitating the allotment of resources to organizations providing survivor-of-prostitution-led exit programming and collaborating with these organizations in working to eliminate barriers frequently encountered by vulnerable populations; (vii) examining the underlying problems and circumstances that render individuals vulnerable to prostitution and evaluating potential solutions for those problems where feasible; (viii) identifying and reviewing the existing services and facilities that provide assistance to prostituted persons including, but not limited to, health and mental health services, housing, education and job training, legal services, substance use disorder treatment, and victim compensation; (ix) evaluating approaches to increase public awareness of prostitution and offering recommendations for programs and educational and training opportunities for law enforcement and social service providers including, but not limited to, methods used to identify prostituted persons; (x) recommending strategy and relevant methodologies for training providers in health and human services in the recognition of signs and circumstances indicating that an individual is a prostituted person and the appropriate steps to take upon identifying such a person; and (xi) developing and promulgating educational materials that may be used by school administrators and educators to identify prostituted persons and the appropriate actions to be undertaken when such victims are identified.

As used in this section, the term “vulnerable population” shall include, but not be limited to, system-involved transitional-aged youth, minority and immigrant populations, individuals experiencing homelessness, members of the LGBTQ+ community, and transgender youth.

SECTION 20.  Section 100K of chapter 276 of the General Laws is hereby amended by striking out subsection (c), as so appearing, and inserting in place thereof the following subsections:-

(c) The court must order an expungement pursuant to this section of a record created as a result of a criminal court appearance, juvenile court appearance or dispositions for charges of common street walking, under Section 53(a) of chapter 272 as appearing in the 2018 Official Edition, and sexual conduct with another person in return for a fee, under Section 53A(a) of chapter 272 as appearing in the 2018 Official Edition.

(d) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.