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Bill to convict human traffickers in Idaho on Governor's desk

House Bill 341 passed the house and senate unanimously; however, some are concerned the legislation doesn't help the actual victims of these crimes.

BOISE, Idaho — Human trafficking is a problem known to law enforcements agencies across the Treasure Valley; however, not a single human trafficker has been convicted in the Gem State in the last five years, according to Nampa Police Det. Chad Benson.

Det. Benson supports House Bill 341 alongside unanimous approval from both chambers of the state legislature. The bill aims to redefine one section of Idaho's code that criminalizes prostitution. The legislation would substitute the word "prostitute" for "any person who knowingly accepts proceeds... from another person engaging in sexual contact."

"We know that prostitution and human trafficking are two different things. One is voluntary one is not," Det. Benson said. "Now with [the word prostitute] removed, we can identify them as a victim. And take immediate action on the law enforcement side which does several things. Up until now, it has been difficult to give the victim a voice in these cases."

Det. Benson introduced KTVB to multiple survivors of human trafficking in Idaho; the women chose to remain anonymous as a group. 

The women were originally treated as prostitutes and arrested, they said.

"We've been through war. There's more of us out there that need that help," one survivor said. "All these women go to jail for [the traffickers]."

The women - as a support group - advocate for HB341, because it's common for a trafficker to remain in operation even after their previous victims are released from jail.

"It's very hard to live with your trafficker on the streets or around you. So, it would be amazing to have them locked up - for us to be heard," another survivor said.

The Idaho Anti-Trafficking Coalition (IATC) agrees with Det. Benson - human trafficking and prostitution are two different crimes. However, IATC does not believe HB341 will provide the necessary help victims of human trafficking need.

"They're only rewording one section of a 40-page statute," IATC Executive Director Jennifer Zielinski said. "What they're saying to Idaho, is that there is only one act in human trafficking, and it's through the act of prostitution. It's not true."

Human trafficking runs tandem with other crimes including drug trafficking and forced labor, according to Zielinski. She favors legislation that supports all victims of human trafficking and facilitates their transition out of that position. To do that, the legislation cannot only focus on the prostitution statute, Zielinski said.

The bill was delivered to Gov. Brad Little's (R-Idaho) desk on March 31. Gov. Little must decide this week to sign the bill into law, let it become law, or veto the legislation.

HB341 also requires the Idaho State Attorney General to file a report no later than Jan 1, 2024, detailing the successes and shortcomings of Idaho's trafficking laws. The report must also offer suggestions and modifications to existing state law to address the previous findings of the report.

Idaho Attorney General Raúl Labrador supports HB341 and worked with state lawmakers to craft the legislation, according to a news release from his office.

"This new legislation will ensure law enforcement can hold accountable those profiting from human trafficking in Idaho," Labrador said in the release. "There is more work to be done, but I trust this legislation will make it easier for law enforcement and prosecutors to bring sex traffickers to justice in Idaho."

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