130th Ohio General Assembly
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H. B. No. 262  As Introduced
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 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;
(9) A fair.
(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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