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To amend section 2907.24 and to enact sections | 1 |
2930.21, 4113.72, and 5515.071 of the Revised Code | 2 |
to require that a minor who is a victim of | 3 |
trafficking in persons be provided with | 4 |
appropriate services, to require the Department of | 5 |
Job and Family Services to develop procedures for | 6 |
reuniting the minor with family members in the | 7 |
minor's country of origin or destination country, | 8 |
to require the Departments of Health and Mental | 9 |
Health to develop procedures for providing special | 10 |
physical and mental health care tailored to the | 11 |
minor's needs, to provide that a minor is not | 12 |
guilty of the crime of solicitation if the minor | 13 |
is a victim of trafficking in persons when the | 14 |
minor committed the act of solicitation, to | 15 |
require the Director of the Department of Commerce | 16 |
to create a poster that provides information | 17 |
regarding the National Human Trafficking Resource | 18 |
Center hotline, to require owners or operators of | 19 |
specified establishments to conspicuously display | 20 |
that poster, and to require the Director of the | 21 |
Department of Transportation to conspiculously | 22 |
display that poster at rest areas. | 23 |
Section 1. That section 2907.24 be amended and sections | 24 |
2930.21, 4113.72, and 5515.071 of the Revised Code be enacted to | 25 |
read as follows: | 26 |
Sec. 2907.24. (A) No person shall solicit another to engage | 27 |
with such other person in sexual activity for hire. | 28 |
(B) No person, with knowledge that the person has tested | 29 |
positive as a carrier of a virus that causes acquired | 30 |
immunodeficiency syndrome, shall engage in conduct in violation of | 31 |
division (A) of this section. | 32 |
(C) Division (A) of this section does not apply to a victim | 33 |
of a violation of section 2905.32 of the Revised Code who violated | 34 |
division (A) of this section while the victim was under duress or | 35 |
coercion that resulted from that violation of section 2905.32 of | 36 |
the Revised Code, who committed the violation of division (A) of | 37 |
this section because of that duress or coercion, and who was a | 38 |
minor at the time of the violation of division (A) of this | 39 |
section. | 40 |
(D)(1) Whoever violates division (A) of this section is | 41 |
guilty of soliciting, a misdemeanor of the third degree. | 42 |
(2) Whoever violates division (B) of this section is guilty | 43 |
of engaging in solicitation after a positive HIV test. If the | 44 |
offender commits the violation prior to July 1, 1996, engaging in | 45 |
solicitation after a positive HIV test is a felony of the second | 46 |
degree. If the offender commits the violation on or after July 1, | 47 |
1996, engaging in solicitation after a positive HIV test is a | 48 |
felony of the third degree. | 49 |
| 50 |
violation of any provision of this section, an attempt to commit a | 51 |
violation of any provision of this section, or a violation of or | 52 |
an attempt to commit a violation of a municipal ordinance that is | 53 |
substantially equivalent to any provision of this section and if | 54 |
the person, in committing or attempting to commit the violation, | 55 |
was in, was on, or used a motor vehicle, the court, in addition to | 56 |
or independent of all other penalties imposed for the violation, | 57 |
shall impose upon the offender a class six suspension of the | 58 |
person's driver's license, commercial driver's license, temporary | 59 |
instruction permit, probationary license, or nonresident operating | 60 |
privilege from the range specified in division (A)(6) of section | 61 |
4510.02 of the Revised Code. | 62 |
Sec. 2930.21. A victim of a violation of section 2905.32 of | 63 |
the Revised Code who is a minor shall be provided with appropriate | 64 |
services, which may include an explanation of the victim's rights, | 65 |
privacy, housing, care, and age-appropriate support and rights. | 66 |
The department of job and family services shall develop procedures | 67 |
for reuniting the minor with family members in the minor's country | 68 |
of origin or destination country whenever it is possible and safe | 69 |
to do so. The departments of health and mental health shall | 70 |
develop procedures for providing special physical and mental | 71 |
health care tailored to the minor's needs. | 72 |
Sec. 4113.72. (A) The director of commerce shall create a | 73 |
poster that provides information regarding the national human | 74 |
trafficking resource center hotline. The poster shall be no | 75 |
smaller than eight and one-half inches by eleven inches in size | 76 |
and shall include a statement in substantially the following form: | 77 |
"If you or someone you know is being forced to engage in any | 78 |
activity and cannot leave – whether it is commercial sex, | 79 |
housework, farm work, or any other activity – call the National | 80 |
Human Trafficking Resource Center Hotline at 1-888-373-7888 to | 81 |
access help and services. | 82 |
Victims of human trafficking are protected under U.S. and | 83 |
Ohio law. | 84 |
The toll-free Hotline is: | 85 |
- Available 24 hours a day, 7 days a week | 86 |
- Operated by a non-profit, non-governmental organization | 87 |
- Anonymous & confidential | 88 |
- Accessible in 170 languages | 89 |
- Able to provide help, referral to services, training, | 90 |
and general information." | 91 |
The statement shall appear on each poster in English, | 92 |
Spanish, and, for each county, any other language required for | 93 |
voting materials under section 1973aa-1a of the "Voting Rights Act | 94 |
of 1965," 79 Stat. 437, 42 U.S.C. 1973, as amended. | 95 |
(B) The director of commerce, or the appropriate regulatory | 96 |
authority, if any, shall provide each owner or operator of an | 97 |
establishment listed in division (C) of this section with notice | 98 |
of this section and a copy of the appropriate national human | 99 |
trafficking resource center hotline poster for display in each | 100 |
establishment. The director and each state agency having | 101 |
regulatory authority over any of those establishments shall make a | 102 |
copy of each version of the poster available for print on their | 103 |
respective public web sites. | 104 |
(C) A person who owns or operates any of the following | 105 |
establishments shall display conspicuously in each establishment, | 106 |
in a place where employees and customers, patients, or students | 107 |
have access, a national human trafficking resource center hotline | 108 |
poster created under division (A) of this section for the county | 109 |
in which the poster will be displayed: | 110 |
(1) A highway truck stop; | 111 |
(2) A hotel, as defined in section 3731.01 of the Revised | 112 |
Code; | 113 |
(3) An adult entertainment establishment, as defined in | 114 |
section 2907.39 of the Revised Code; | 115 |
(4) Any establishment that has a liquor permit issued under | 116 |
Chapter 4303. of the Revised Code, except for those establishments | 117 |
that also have a retail food services license or a food services | 118 |
operations license issued under Chapter 3717. of the Revised Code; | 119 |
(5) An agricultural labor camp, as defined in section 3733.41 | 120 |
of the Revised Code; | 121 |
(6) A hospital or urgent care center; | 122 |
(7) Any public or chartered nonpublic school offering grades | 123 |
nine through twelve; | 124 |
(8) Any establishment operating as a massage parlor, massage | 125 |
spa, alternative health clinic, or similar entity by persons who | 126 |
do not hold a valid certificate from the state medical board to | 127 |
practice massage therapy under Chapter 4731. of the Revised Code; | 128 |
(9) A fair. | 129 |
(D) Whoever violates division (C) of this section is guilty | 130 |
of a misdemeanor of the fourth degree and, notwithstanding | 131 |
sections 2929.24 and 2929.28 of the Revised Code, is punishable by | 132 |
imprisonment up to ten days, a fine of up to one thousand dollars, | 133 |
or both. | 134 |
(E) As used in this section: | 135 |
(1) "Fair" means the annual exposition conducted by any | 136 |
county or independent agricultural society or the Ohio expositions | 137 |
commission. | 138 |
(2) "Highway truck stop" means a gas station with a sign that | 139 |
is visible from a highway, as defined in section 5501.01 of the | 140 |
Revised Code, that offers amenities to commercial vehicles. | 141 |
Sec. 5515.071. The director of transportation shall display | 142 |
conspicuously at each rest area within the limits of the | 143 |
right-of-way of interstate highways and other state highways a | 144 |
national human trafficking resource center hotline poster created | 145 |
under division (A) of section 4113.72 of the Revised Code for the | 146 |
county in which the poster will be displayed. | 147 |
Section 2. That existing section 2907.24 of the Revised Code | 148 |
is hereby repealed. | 149 |