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Legislative Update

Human trafficking, promoting prostitution, and adult entertainment performers

June 3, 2015 Filed Under: Criminal

S.E.A. 532, P.L. 237-2015
Effective: July 1, 2015
Provides that, for purposes of the law concerning actions for indecent nuisances, an indecent nuisance includes a public place in or upon which human trafficking is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.
Establishes the human trafficking prevention and victim assistance fund to fund human trafficking victim services and human trafficking prevention programs. Provides that: (1) 80% of money collected in the seizure of property used in connection with human trafficking will be transferred to the human trafficking prevention and victim assistance fund; and (2) 20% of the money will be transferred to the county for use by the prosecuting attorney.
Allows a law enforcement agency to seize real or personal property, including a vehicle, that is used by a person to: (1) commit, attempt to commit, or conspire to commit; (2) facilitate the commission of; or (3) escape from the commission of; an offense concerning human trafficking or promoting prostitution.
Requires: (1) the Indiana Prosecuting Attorneys Council to make an annual report to the legislative council concerning civil property forfeitures conducted in Indiana; and (2) the state police department to annually report to the legislative council the amount of money it has received from the federal government as the result of property forfeitures conducted by the federal government.
Requires a holder of an alcohol retailer’s permit that provides adult entertainment on the licensed premises to:

  • require adult entertainment performers to provide proof of age and proof of legal residency;
  • take a photograph of each adult entertainer who auditions to provide adult entertainment at the licensed premises and retain the photograph for at least three years;
  • require all employees to sign a document acknowledging their awareness of the problem of human trafficking;
  • display human trafficking awareness posters in at least two places in the licensed premises; and
  • cooperate with any law enforcement investigation. Authorizes the alcohol and tobacco commission to suspend, revoke, or refuse to renew a retailer’s permit if the permit holder fails to comply with these requirements.

The full law is available at: http://iga.in.gov/legislative/2015/bills/senate/532

Filed Under: Criminal Tagged With: forfeiture, human trafficking

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