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Committee hears sponsor testimony on bill to increase trafficking penalties and lower mens rea standard
Summary
Representatives Williams and Santucci told the House Judiciary Committee that House Bill 47 would increase penalties for human traffickers and lower the mens rea for facilitator offenses from "knowingly" to "recklessly."
Representatives Williams and Santucci jointly presented sponsor testimony on House Bill 47, the Human Trafficking Prevention Act, telling the House Judiciary Committee the measure would increase penalties for traffickers and facilitators and expand protections for minors and people with developmental disabilities.
Representative Williams, sponsor, said Ohio had become a national trafficking gateway because of its highways, truck stops and proximity to the Canadian border, and that recent enforcement actions and raids showed trafficking remained a significant problem in parts of the state. Williams told the committee HB 47 would raise sentencing ranges for certain offenses against victims younger than 18 and for offenses involving people with developmental disabilities and would lower the mental-state requirement for facilitator offenses from “knowingly” to “recklessly.” He said prosecutors could then charge people who had “reason to believe” victims would be trafficked.
Representative Santucci, co-sponsor, described similar goals and emphasized increased penalties for kidnapping, abduction and recruitment of victims. In discussion, Representative Mohammed asked how the bill defines “recklessly.” Williams pointed the committee to the criminal code definition and said the bill uses the same statutory definition already in the Ohio Revised Code (referenced as 2903.01 in discussion) rather than creating a new definition.
Committee members asked whether the measure included protections for people who are themselves coerced into assisting trafficking; Williams said prosecutors typically exercise charging discretion but that he was open to adding a sentencing factor noting that a defendant had been a trafficking victim. Williams said human-trafficking victim groups had been consulted during drafting and would testify in favor of the bill at future hearings.
No committee vote was taken; the session functioned as a first hearing with sponsor testimony and follow-up questions from committee members.
