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Human trafficking involves the use of fraud, coercion, physical threat or violence to recruit or compel persons to travel into or within the state to engage in commercial sexual activity or unlawful and exploitive labor or services. Many New York laws prohibit these activities, including laws against kidnapping, menacing, prostitution, coercion and assault. Human trafficking involving children, a particularly heinous activity, also violates New York laws designed to restrict child labor and protect children from dangerous activities.

Recent federal laws in this area include the Trafficking Victims Protection Act (TVPA) (2000) and the Trafficking Victims Protection Reauthorization Act of 2003. The U.S. Department of Health and Human Services (HHS) has established a toll-free hotline to which instances of unlawful human trafficking may be reported: 888-373-7888.

These Assembly committees held a formal roundtable discussion in September, 2005 with experts involved in the fight against human trafficking, including representatives from nongovernmental organizations, legal advocacy groups, worker organizations, service providers and governmental monitoring agencies. The purpose of this hearing is to provide a public forum for further discussion on the problem of human trafficking, to review New York’s current laws, and to solicit views on various legislative proposals that have been offered to strengthen the laws in this area. In addition, this hearing is intended to solicit views on the experience of other states and the federal government, to help inform New York’s actions on this important issue.

Note:

Persons wishing to present pertinent testimony to the Committees at the joint public hearing should complete and return the enclosed reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation. Oral testimony will be limited to ten (10) minutes’ duration. In preparing the order of witnesses, the Committees will attempt to accommodate individual requests to speak at particular times in view of special circumstances. These requests should be made on the attached reply form or communicated to the Committees’ staff as early as possible. Twenty (20) copies of any prepared testimony should be submitted at the hearing registration desk.

The Committees would appreciate advance receipt of prepared statements. In order to further publicize these hearings, please inform interested parties and organizations of the Committees’ interest in receiving testimony from all sources. In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

• What are the economic and social costs of human trafficking in New York State?

• What are the public health and medical consequences of human trafficking?

• How can efforts to uncover and prevent human trafficking be improved and strengthened?

• What role do travel and tour operators play in the problem of human trafficking?

• What current New York laws address the problem of human trafficking? Are these laws fully enforced, and are they effective to address the problem?

• Are additional New York laws needed in this area? Recent bills offered in the Legislature to address aspects of the human trafficking problem include A. 1898-A, A. 6597, A. 7588, A. 9038 and S. 3914-B. Are these legislative proposals appropriate and effective as written? Are any changes to these bills recommended, or additional proposals needed?

• What civil remedies are available and/or needed for victims of human trafficking?

• What can be done to best serve victims and protect them from the persons and organizations that victimized them? Are appropriate services and assistance currently available?

• Is training available to help law enforcement officials, service providers and legal advocates recognize and protect victims of human trafficking? What should be included in such training? Are language and culture barriers a problem in identifying instances of human trafficking?

PUBLIC HEARING REPLY FORM

Persons wishing to present testimony at the joint public hearing on "Human Trafficking in New York" are requested to complete this reply form as soon as possible and mail, email or fax it to:

Shannel Arrington, Legislative Analyst
Assembly Committee on Codes
Room 508 - The Capitol
Albany, New York 12248
Email: arrings@assembly.state.ny.us
Phone: (518) 455-4313
Fax: (518) 455-4682

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