BOSTON – Anyone involved in the organization of forced labor and sexual servitude would face tough criminal penalties under new legislation given final approval yesterday by the House of Representatives and the Senate. The crackdown on human trafficking, which is being hailed as the toughest legislation of its kind in the nation, also establishes important protections for victims and children to help them access necessary services.

"It is so sad that many people don't even realize this is happening right here in Massachusetts," Senator Jennifer L. Flanagan (D-Leominster) said. "I was very proud to have served on this vitally important conference committee. We are sending a very stern message with this legislation that this type of activity will not be tolerated. Again, I am so proud of the Legislature for acting on this bill and for sending it to the Governor."

"If you're going to engage in the unthinkable exploitation of children and other people, you're going to pay the price," Senate President Therese Murray (D-Plymouth) said. "This legislation lays out serious punishments to help prevent human trafficking. It is the result of a lot of good work from human rights advocates, the legislature, especially Senator Montigny who has put in so much time and effort, and the attorney general. Massachusetts was one of only a few states without such a law, and I'm glad we got it done."

"Today the Legislature has taken a major step toward ending the exploitation of children and other victims in our Commonwealth," Attorney General Martha Coakley said. "The passage of this bill recognizes that these crimes aren't only occurring in other countries and other states, but right in our own communities. I want to thank the leadership of Senate President Therese Murray and House Speaker Robert DeLeo, as well as Senator Mark Montigny and House Judiciary Chairman Eugene O'Flaherty for sponsoring this important legislation."

The conference report approved by the House and Senate includes criminal sentences up to five years in prison for attempted human trafficking, up to 20 years for trafficking adults, and up to life imprisonment for the trafficking of minors. Businesses involved in trafficking would face up to a $1 million fine for the first offense, with a mandatory minimum of 10 years to a maximum of life for a second offense. These offenses also carry a 5-year mandatory minimum sentence.

The legislation also removes any statute of limitations for trafficking crimes and creates a 15-year criminal penalty for trafficking human organs, and it updates sex offender registration laws to include human trafficking and the enticement of a minor into prostitution through the use of electronic devices. Anyone convicted of these crimes would be required to register in Massachusetts as a sex offender.

To further protect and help victims, the legislation creates the "Victims of Human Trafficking Trust Fund" which will be funded from fines and convicted human traffickers' forfeited assets. Additionally, items used in the commission of the crime (buildings, cars, boats, etc.) are subject to asset forfeiture with all of the proceeds going to the victims fund.

The legislation also:

• Establishes an Anti-Human Trafficking Task Force, comprised of state officials, law enforcement, victims' services organizations and trafficking victims to investigate and study rates of human trafficking, prevention, and the treatment of victims;
• Increases the penalty for soliciting a prostitute, and increases the penalty for soliciting sex from a person under 18;
• Allows defendants who are victims of human trafficking and charged with prostitution to establish a defense of duress or coercion;
• Establishes a "safe harbor provision" that allows the Commonwealth, defendant or court to request a hearing for a child arrested for prostitution to instead receive protection services;
• Requires the Department of Children and Families (DCF) to provide services to sexually exploited children and to immediately report to te district attorneys and the police any child the department believes to be a sexually exploited child;
• Amends the mandated reporting law so that mandated reporters, such as doctors, social workers, teachers and probation officers, must report to DCF when they have reasonable cause to believe that a child is sexually exploited;
• Establishes a process for victims of trafficking to bring civil actions; and
• Increases potential sentences for "Johns" to 2 ½ years in a house of correction and creates a mandatory $1,000 fine.

The legislation now goes to the Governor for his review and expected signature.