6 U.S.C. § 645 — Victim protection training for the Department of Homeland Security
submitted 8 years ago by Pub. L. 114-22 to r/title-6-DOMESTIC-SECURITY · 409 words · no verdicts yet
This section requires the Secretary of Homeland Security to issue a directive and a screening protocol for certain anti-trafficking law-enforcement work. They must address identifying trafficking victims, investigating people who patronize or solicit them, and avoiding arrest, charging, or prosecution for offenses directly resulting from victimization.
(a) Directive to DHS law-enforcement officials and task forces. (1) In general. No later than 180 days after December 21, 2018, the Secretary* must issue a directive to (A) all Federal law-enforcement officers and relevant Department* of Homeland* Security personnel who may be involved in investigating human-trafficking offenses; and (B) members of all task forces led by the Department that participate in investigating human-trafficking offenses. (2) Required instructions. The directive must include instructions on (A) investigating people who patronize or solicit human-trafficking victims as people engaged in “severe trafficking in persons,” and how those people should be investigated for their roles in severe trafficking in persons; and (B) the fact that sex- or labor-trafficking victims often commit crimes as a direct result of severe trafficking in persons, that these people are victims of a crime, and that affirmative measures should be taken to avoid arresting, charging, or prosecuting them for any offense that directly results from their victimization. (b) Victim screening protocol. (1) In general. No later than 180 days after December 21, 2018, the Secretary must issue a screening protocol for use during every anti-trafficking law-enforcement operation in which the Department is involved. (2) Requirements. The protocol must (A) require individual screening of every adult and child suspected of engaging in commercial sex acts, child labor that violates the law, or work that violates labor standards, to determine whether each person screened is a human-trafficking victim; (B) require affirmative measures to avoid arresting, charging, or prosecuting human-trafficking victims for any offense that directly results from their victimization; (C) be developed in consultation with relevant interagency partners and nongovernmental organizations that specialize in preventing human trafficking* or identifying and supporting human-trafficking victims and survivors; and (D) include (i) procedures and practices that ensure the screening process minimizes trauma or revictimization of the person being screened; and (ii) guidelines for helping human-trafficking victims identify and receive restorative services. (c) Mandatory training. The training described in sections 642 and 644 of this title must include training needed to implement (1) the directive required under subsection (a); and (2) the protocol required under subsection (b).
Not later than 180 days after December 21, 2018, the Secretary* shall issue a directive to—
all Federal law enforcement officers and relevant personnel employed by the Department* who may be involved in the investigation of human trafficking* offenses; and
members of all task forces led by the Department that participate in the investigation of human trafficking offenses.
The directive required to be issued under paragraph (1) shall include instructions on—
the investigation of individuals who patronize or solicit human trafficking victims as being engaged in severe trafficking in persons and how such individuals should be investigated for their roles in severe trafficking in persons; and
how victims of sex or labor trafficking often engage in criminal acts as a direct result of severe trafficking in persons and such individuals are victims of a crime and affirmative measures should be taken to avoid arresting, charging, or prosecuting such individuals for any offense that is the direct result of their victimization.
Not later than 180 days after December 21, 2018, the Secretary shall issue a screening protocol for use during all anti-trafficking law enforcement operations in which the Department is involved.
The protocol required to be issued under paragraph (1) shall—
require the individual screening of all adults and children who are suspected of engaging in commercial sex acts, child labor that is a violation of law, or work in violation of labor standards to determine whether each individual screened is a victim of human trafficking;
require affirmative measures to avoid arresting, charging, or prosecuting human trafficking victims for any offense that is the direct result of their victimization;
be developed in consultation with relevant interagency partners and nongovernmental organizations that specialize in the prevention of human trafficking or in the identification and support of victims of human trafficking and survivors of human trafficking; and
include—
procedures and practices to ensure that the screening process minimizes trauma or revictimization of the person being screened; and
guidelines on assisting victims of human trafficking in identifying and receiving restorative services.
The training described in sections 642 and 644 of this title shall include training necessary to implement—
the directive required under subsection (a); and
the protocol required under subsection (b).
Source credit: (Pub. L. 114–22, title IX, § 906, as added Pub. L. 115–392, § 5(a), Dec. 21, 2018, 132 Stat. 5252.)
- 2018Enacted · Pub. L. 114-22 · 132 Stat. 5252
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-22 on 2018-12-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case