House Judiciary committee adopts substitute to increase penalties in human‑trafficking bill

At a House Judiciary Committee meeting, members voted 7–1 to adopt the first substitute to House Bill 405, titled "human trafficking and smuggling amendments," sending the substitute to a favorable recommendation for consideration by the full House.

Representative Perucci, the bill sponsor, told the committee she picked up the measure from former Representative Birkland and said the substitute narrows the measure to focus on human trafficking rather than smuggling and increases penalty ranges for some trafficking offenses. "I've been here almost 6 years, and I've never presented in the House Judiciary, so I'm very excited to be here," Perucci said while introducing the substitute and reviewing statistics she said motivated the change.

The sponsor told the committee the bill would increase the statutory punishment for human trafficking of a child and raise penalties for trafficking tied to sexual exploitation and forced labor to bring Utah closer to federal sentencing ranges. Perucci said current Utah law treats human trafficking of a child as a first‑degree felony with a 5‑year‑to‑life minimum but that the substitute would raise the minimum to 10 years to life where the victim is 14–17 and 15 years to life when the victim is under 14 (as presented by the sponsor).

Public commenters and defense‑oriented groups told the committee they were concerned the existing definitions are broad and that the substitute's mandatory minimums would remove judicial discretion. Steve Burton of the Utah Defense Attorney Association warned the committee that the definition for labor trafficking could sweep in routine employer misconduct and other situations not commonly thought of as human trafficking. Richard Morrow, executive director of the Salt Lake Legal Defender Association, said mandatory minimums leave "no discretion within the system to really look at the types of the gradations and the different sort of conduct that exist."

Supporters including Jeff Beeman, executive director of the Utah Association of Prosecutors, and Dan Strong, director of the Utah Sentencing Commission and staff for the Commission on Criminal and Juvenile Justice (CCJJ), told the committee they back the penalty increases. Beeman said, "This bill does not change any of the definitions of human trafficking. Sub 1 retains all the definitions that have existed already and have been utilized in this state for a number of years. The only change really in this bill is the change in penalties." Strong said the Sentencing Commission and CCJJ discussed the bill and voted to support it while noting concerns that merit attention.

Committee members debated mandatory minimums and statutory scope. Representative Grant Miller said his opposition was based on the mandatory‑minimum sentencing element, explaining that removing judicial and sentencing discretion was the reason he would vote no. The committee adopted the substitute by voice vote and then recorded a roll call outcome: the motion to adopt substitute 1 for House Bill 405 passed 7 to 1, with Representative Grant Miller voting no. The committee then voted to favorably recommend the first substitute to the full House; that motion also passed 7 to 1 with Representative Grant Miller voting no.

Representative Perucci told the committee she is open to refining statutory language and said she was willing to consider alternative definitions used in other states, such as Montana, before floor debate. The bill now moves toward further committee or floor consideration per the normal legislative process.