New Padavan Law Toughens Penalties For Human Trafficking
BY JOHN TOSCANO

When Governor Eliot Spitzer signed a tougher human trafficking bill into law recently, it marked a triumph in a persistent battle by state Senator Frank Padavan and victim advocacy groups to combat the scourge of human and sex exploitation.

The new law will dramatically strengthen criminal penalties for individuals who engage in human and sex trafficking while providing victims vital resources to assist in their recovering from the crime, said Padavan (R- C, Bellerose).

Padavan cautioned however, that New York state should not relax its vigilance in this area and must stay "sharply focused and constantly work on new ways to enhance our efforts".

The Eastern Queens lawmaker's message echoes a call from Congressmember Carolyn Maloney (D- Queens/Manhattan), who expressed fears that too many countries still are not doing enough to combat human trafficking.

Maloney, co-chair of the congressional Human Trafficking Caucus, in a separate release cited a U.S. State Department report which showed that foreign governments reported 3,160 trafficking convictions in 2006, down from 4,766 in 2005. The number of prosecutions also dropped from 2005 to 2006, Maloney said.

But here in New York state, the Padavan- sponsored new law establishes the felony crime of sex trafficking, punishable by 3 to 25 years in prison; and the crime of labor trafficking, punishable by three to seven years in prison.

The new law will also dramatically increase criminal penalties for individuals convicted of the growing problem of sex tourism by making the travel agencies involved in arranging sex tours subject to prosecution for a D felony, punishable by 3 to 7 years in prison, Padavan said.

In addition, he noted, human trafficking will now be added to the Organized Crime Control Act, allowing law enforcement officials to charge individuals involved in human trafficking with a separate B felony punishable by three to 25 years in prison.

Besides strengthening criminal penalties, the new law provides essential support services for victims to help overcome the serious effects of this heinous crime. Included is restitution from the state Crime Victims Board and assistance from the state office of Temporary and Disability Assistance (OTADA) to find housing, health care, mental health counseling, drug treatment, language services and job training.

The law also establishes an interagency task force on human trafficking that will collect data, coordinate with federal programs, develop new strategies to proactively combat human trafficking and increase public awareness on the issue.

On the federal level, Maloney said that while she was pleased that the State Department report notes "positive efforts", she was troubled that the number of reported prosecutions and convictions decreased in 2006.

"It is important that we protect the victims who have been trafficked and punish predators who exploit them," she said.