In addition to federal law, there is a need for comprehensive state legislation to combat human trafficking. Because state and local agencies are likely the first to encounter human trafficking crimes and have immediate accessibility to the perpetrators and victims, local agencies can sometimes meet the urgent needs of trafficking victims more efficiently than the federal government. States that have legislation criminalizing human trafficking, such as Texas, are able to assist prosecutorial efforts, identify greater numbers of victims, and marshal state resources to find and prosecute human traffickers. Moreover, having both federal and state legislation creates a “unified front” against the proliferation of human trafficking anywhere in the United States: Traffickers should not be afforded the opportunity to escape prosecution for their crimes by moving to a state with more lenient or nonexistent human trafficking laws.
In 2003, Texas was the first state to pass legislation criminalizing human trafficking. In Texas, a person commits an offense of human trafficking if the person “knowingly traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services.” Under the Texas law, a minor is considered a person under 18, and the term “traffic” is not dependent on the element of “transport.” In addition, Texas law imposes greater penalties on the offender when the victim is under 18 years old. Trafficking of a minor is a first degree felony, but trafficking of an adult is a second degree felony.
In 2009, Texas’ 81st Legislature passed some very important laws to expand the body of anti-trafficking legislation in the state. Legislation passed this session will establish a statewide taskforce in the Office of Attorney General. This will allow for increased awareness and communication among the multiple state agencies charged with dealing with the complex issues surrounding human trafficking. The task force will also become the single point of contact for the state with federal partners. In addition, new legislation now mandates a four-hour training course for police officers who will first licensed in 2011 or for those who pursue the next level of licensing. The legislation also established a voluntary four-hour training course to be included in the officers’ continuing education curriculum. Other laws approved this session will inject compassion into the treatment of victims of prostitution, by recognizing that prostitution is most often an involuntary activity. The legislature created a defense to prostitution specifically for victims of human trafficking. Another change that passed last session will ease the burden of proof for prosecutors. No more will they be required to prove that the trafficker knew the victim was a minor. If the defendant is convicted of trafficking and the victim is a minor, the harsher penalty of a first degree felony will automatically attach. The 81st Legislature also created an avenue for human trafficking victims to sue their trafficker in civil court. Now, these victims can pursue monetary damages against their trafficker for the physical and emotional harm they suffered at the trafficker’s hands.
Illegitimate business will take a huge hit after this legislation sessions ends, as well. The legislature gave Harris County ordinance granting authority to regulate illegitimate massage parlors in Harris County. This will create liability for those businesses who attempt to evade city ordinances by moving out of Houston.
New legislation also requires sexually oriented businesses to maintain identification records, which allows for easier discovery and prosecution for business owners who exploit child sex workers.
Finally, the 81st Legislature also passed a law that will allow municipalities to access to the National Crime Identification Center when a sexually oriented business applies for a license.
