DE SB197

Establishes criminal offenses for trafficking an individual, forced labor, and sexual servitude, with penalties ranging from Class D felony to Class B felony when victims are minors, and elevated by one grade for aggravating circumstances such as recruiting from shelters or using force

Defines coercion broadly to include threats of harm, abuse of legal process, controlling access to controlled substances, debt bondage, exploitation of disabilities, and fraud

Creates mandatory restitution for victims based on gross income value of labor or minimum wage calculations, allows civil lawsuits for compensatory and punitive damages, and permits forfeiture of property used in trafficking offenses

Establishes a permanent Human Trafficking Coordinating Council with representatives from courts, law enforcement, state agencies, and healthcare to develop victim service plans, coordinate training, and create public awareness signage

Allows victims convicted of prostitution or loitering as a direct result of being trafficked to seek vacatur of convictions and expungement of records, and provides minors engaged in commercial sexual activity with presumptive child abuse/neglect status and access to specialized services regardless of immigration status