Bill aids human trafficking victims

SANTA FE – Victims of human trafficking would get broader protection and additional services under a bill that’s on the desk of Gov. Susana Martinez, who has until Friday to sign or veto it.

House Bill 304 expands the existing state law on human trafficking that was passed in 2008. It adds to the services already available to victims, and it allows victims to get services if courts decide they’re unable to cooperate with prosecutors because of psychological trauma.

Currently, services are available only to victims who are cooperating with law enforcement.

The New Mexico Women’s Agenda, which lobbied for the bill, says some trafficking victims are too fearful to cooperate initially.

Providing them shelter or counseling or an advocate could ease their fears and encourage them to work with authorities, said the organization’s executive director, Susan Loubet.

“What we want to do is make certain the victims can cooperate with the prosecution,” said House Judiciary Chairwoman Gail Chasey, D-Albuquerque, who sponsored the legislation.

Under current law, state-paid services are available only until human trafficking victims qualify for benefits under a similar federal law, and the bill wouldn’t change that.

The most recent annual report from Attorney General Gary King’s office indicated there were seven people being prosecuted for human trafficking.

Supporters say the number of victims who would qualify for additional services under the bill is small.

The services added under House Bill 304 include child care, advocacy services and state-funded cash assistance from an existing Human Services Department program.

The bill also says that if victims are charged with crimes – other than homicide – committed because of force or coercion by the traffickers, they may ask a state District Court to seal the records of their charges and convictions.

The legislation would require local law enforcement agencies to have a plan to deal with trafficking victims; adds trafficking to the list of crimes under the Crime Victims Reparation Act, to make additional federal funding available; and specifies that victims can bring civil suits against traffickers, with courts authorized to award three times the amount of damages.
— This article appeared on page C02 of the Albuquerque Journal