SENATE MEMORIAL 62

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Lisa A. Torraco

A MEMORIAL

REQUESTING THAT A TASK FORCE BE FORMED TO STUDY AND REPORT ITS FINDINGS ON THE DELIVERY OF SERVICES TO SEXUALLY EXPLOITED MINORS AND ON THE EFFECTS OF A SAFE HARBOR LAW ON THE DELIVERY OF SERVICES.

     WHEREAS, minors in New Mexico are children under the age of eighteen; and

     WHEREAS, when a child is found delinquent in New Mexico, a court may make disposition for the supervision, care and rehabilitation of the child pursuant to Section 32A-2-19 NMSA 1978; and

     WHEREAS, federal law enforcement recognizes sexually exploited children as victims of a crime; and

     WHEREAS, eighteen other states have enacted some form of "safe harbor" laws that view sexually exploited minor children as victims in need of rehabilitation; and

     WHEREAS, in general, law enforcement in New Mexico currently follows this practice without any specific law; and

     WHEREAS, it is generally considered that "safe harbor" laws regarding human trafficking and prostitution can prevent minor victims of sex trafficking from being prosecuted for prostitution and can protect child victims of sex trafficking from further exploitation by providing them with specialized services; and

     WHEREAS, in New Mexico, there are some resources for the rehabilitation of minors, but they are insufficient; and

     WHEREAS, New Mexico may see more instances of trafficking in the near future; and

     WHEREAS, the criminal justice reform subcommittee of the courts, corrections and justice committee was formed at the end of the 2014 interim period and will reconvene in April 2014; and

     WHEREAS, the criminal justice reform subcommittee is examining all aspects of New Mexico's Criminal Code and procedure, including issues surrounding prostitution and human trafficking; and

     WHEREAS, it is important for the criminal justice reform subcommittee to hear information about human trafficking in New Mexico;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that a task force be formed to study the delivery of services to sexually exploited minors in New Mexico and the effect that passage of a "safe harbor" law might have currently and in the future on delivery of those services and programs for sexually exploited minors; and

     BE IT FURTHER RESOLVED that ten members of the public with expertise in human trafficking be appointed to the task force. The president pro tempore of the senate, the minority floor leader of the senate, the speaker of the house of representatives and the minority floor leader of the house of representatives shall each appoint one member. The New Mexico legislative council shall appoint the remaining six members; and

     BE IT FURTHER RESOLVED that the task force invite participation and presentations from community groups and law enforcement organizations involved with human trafficking issues; and

     BE IT FURTHER RESOLVED that the children, youth and families department be invited to participate in the task force; and

     BE IT FURTHER RESOLVED that the task force report to the appropriate legislative interim committee that studies justice issues, the appropriate legislative interim committee addressing criminal justice reform and the legislative health and human services committee no later than November 2014 and that a copy of the task force's report be made public; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council.

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