As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 262


Representative Fedor 

Cosponsors: Representatives Antonio, Boyd, Combs, Derickson, Garland, Hagan, R., Murray, O'Brien, Okey, Patmon, Pillich, Slesnick, Stebelton, Stinziano, Williams, Yuko, Fende, Celeste, Szollosi, Heard, Clyde, Reece, Phillips, Barnes, Gerberry, Foley, Ashford, Goyal, Milkovich, Ramos, Gentile, Sykes, Schuring, Letson 



A BILL
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


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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

       (D)(E) If a person is convicted of or pleads guilty to a 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 week86

           - Operated by a non-profit, non-governmental organization87

          - Anonymous & confidential88

          - Accessible in 170 languages89

          - 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