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H. B. No. 262 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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
2930.21, 4113.72, and 5515.071 of the Revised Code
to require that a minor who is a victim of
trafficking in persons be provided with
appropriate services, to require the Department of
Job and Family Services to develop procedures for
reuniting the minor with family members in the
minor's country of origin or destination country,
to require the Departments of Health and Mental
Health to develop procedures for providing special
physical and mental health care tailored to the
minor's needs, to provide that a minor is not
guilty of the crime of solicitation if the minor
is a victim of trafficking in persons when the
minor committed the act of solicitation, to
require the Director of the Department of Commerce
to create a poster that provides information
regarding the National Human Trafficking Resource
Center hotline, to require owners or operators of
specified establishments to conspicuously display
that poster, and to require the Director of the
Department of Transportation to conspiculously
display that poster at rest areas.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2907.24 be amended and sections
2930.21, 4113.72, and 5515.071 of the Revised Code be enacted to
read as follows:
Sec. 2907.24. (A) No person shall solicit another to engage
with such other person in sexual activity for hire.
(B) No person, with knowledge that the person has tested
positive as a carrier of a virus that causes acquired
immunodeficiency syndrome, shall engage in conduct in violation of
division (A) of this section.
(C) Division (A) of this section does not apply to a victim
of a violation of section 2905.32 of the Revised Code who violated
division (A) of this section while the victim was under duress or
coercion that resulted from that violation of section 2905.32 of
the Revised Code, who committed the violation of division (A) of
this section because of that duress or coercion, and who was a
minor at the time of the violation of division (A) of this
section.
(D)(1) Whoever violates division (A) of this section is
guilty of soliciting, a misdemeanor of the third degree.
(2) Whoever violates division (B) of this section is guilty
of engaging in solicitation after a positive HIV test. If the
offender commits the violation prior to July 1, 1996, engaging in
solicitation after a positive HIV test is a felony of the second
degree. If the offender commits the violation on or after July 1,
1996, engaging in solicitation after a positive HIV test is a
felony of the third degree.
(D)(E) If a person is convicted of or pleads guilty to a
violation of any provision of this section, an attempt to commit a
violation of any provision of this section, or a violation of or
an attempt to commit a violation of a municipal ordinance that is
substantially equivalent to any provision of this section and if
the person, in committing or attempting to commit the violation,
was in, was on, or used a motor vehicle, the court, in addition to
or independent of all other penalties imposed for the violation,
shall impose upon the offender a class six suspension of the
person's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of section
4510.02 of the Revised Code.
Sec. 2930.21. A victim of a violation of section 2905.32 of
the Revised Code who is a minor shall be provided with appropriate
services, which may include an explanation of the victim's rights,
privacy, housing, care, and age-appropriate support and rights.
The department of job and family services shall develop procedures
for reuniting the minor with family members in the minor's country
of origin or destination country whenever it is possible and safe
to do so. The departments of health and mental health shall
develop procedures for providing special physical and mental
health care tailored to the minor's needs.
Sec. 4113.72. (A) The director of commerce shall create a
poster that provides information regarding the national human
trafficking resource center hotline. The poster shall be no
smaller than eight and one-half inches by eleven inches in size
and shall include a statement in substantially the following form:
"If you or someone you know is being forced to engage in any
activity and cannot leave – whether it is commercial sex,
housework, farm work, or any other activity – call the National
Human Trafficking Resource Center Hotline at 1-888-373-7888 to
access help and services.
Victims of human trafficking are protected under U.S. and
Ohio law.
The toll-free Hotline is:
- Available 24 hours a day, 7 days a week
- Operated by a non-profit, non-governmental organization
- Anonymous & confidential
- Accessible in 170 languages
- Able to provide help, referral to services, training,
and general information."
The statement shall appear on each poster in English,
Spanish, and, for each county, any other language required for
voting materials under section 1973aa-1a of the "Voting Rights Act
of 1965," 79 Stat. 437, 42 U.S.C. 1973, as amended.
(B) The director of commerce, or the appropriate regulatory
authority, if any, shall provide each owner or operator of an
establishment listed in division (C) of this section with notice
of this section and a copy of the appropriate national human
trafficking resource center hotline poster for display in each
establishment. The director and each state agency having
regulatory authority over any of those establishments shall make a
copy of each version of the poster available for print on their
respective public web sites.
(C) A person who owns or operates any of the following
establishments shall display conspicuously in each establishment,
in a place where employees and customers, patients, or students
have access, a national human trafficking resource center hotline
poster created under division (A) of this section for the county
in which the poster will be displayed:
(1) A highway truck stop;
(2) A hotel, as defined in section 3731.01 of the Revised
Code;
(3) An adult entertainment establishment, as defined in
section 2907.39 of the Revised Code;
(4) Any establishment that has a liquor permit issued under
Chapter 4303. of the Revised Code, except for those establishments
that also have a retail food services license or a food services
operations license issued under Chapter 3717. of the Revised Code;
(5) An agricultural labor camp, as defined in section 3733.41
of the Revised Code;
(6) A hospital or urgent care center;
(7) Any public or chartered nonpublic school offering grades
nine through twelve;
(8) Any establishment operating as a massage parlor, massage
spa, alternative health clinic, or similar entity by persons who
do not hold a valid certificate from the state medical board to
practice massage therapy under Chapter 4731. of the Revised Code;
(D) Whoever violates division (C) of this section is guilty
of a misdemeanor of the fourth degree and, notwithstanding
sections 2929.24 and 2929.28 of the Revised Code, is punishable by
imprisonment up to ten days, a fine of up to one thousand dollars,
or both.
(E) As used in this section:
(1) "Fair" means the annual exposition conducted by any
county or independent agricultural society or the Ohio expositions
commission.
(2) "Highway truck stop" means a gas station with a sign that
is visible from a highway, as defined in section 5501.01 of the
Revised Code, that offers amenities to commercial vehicles.
Sec. 5515.071. The director of transportation shall display
conspicuously at each rest area within the limits of the
right-of-way of interstate highways and other state highways a
national human trafficking resource center hotline poster created
under division (A) of section 4113.72 of the Revised Code for the
county in which the poster will be displayed.
Section 2. That existing section 2907.24 of the Revised Code
is hereby repealed.
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