Revision: March 18, 2025, 11:23 a.m.
Rep. Layon, Rock. 13
Rep. Roy, Rock. 31
March 18, 2025
2025-1074h
09/05
Floor Amendment to HB 405
Amend the title of the bill by replacing it with the following:
AN ACT establishing a committee to study approaches to combat store-front sex trafficking in New Hampshire and relative to prostitution and related offenses.
Amend the bill by replacing all after the enacting clause with the following:
1 Committee Established; Term Defined. There is established a committee to study approaches to combat store-front sex trafficking in New Hampshire. For the purposes of this committee, “store-front” shall refer to businesses in multi-unit commercial businesses which typically appear to be massage parlors or similar operations where individuals, typically immigrant women or children, are moved from location to location to avoid law enforcement.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee may solicit input from any person or entity the committee deems relevant to its study, and shall solicit information from the following:
(a) The attorney general, or designee.
(b) The commissioner of the department of safety, or designee.
(c) The executive director of the New Hampshire office of professional licensure and certification, or designee.
(d) A representative from the New Hampshire Association of Chiefs of Police, appointed by the association.
(e) A county attorney, appointed by the New Hampshire Association of Counties.
(f) The executive director of the New Hampshire Municipal Association, or designee.
(g) The executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, or designee.
(h) Reflexologists, structural integrators, and Asian bodywork therapists licensed under RSA 328-H.
(i) Massage therapists licensed under RSA 328-B.
3 Duties. The committee's study shall include, but not be limited to:
I. Review prior legislative attempts to combat store-front sex trafficking of individuals, including the reasons these attempts were unsuccessful.
II. Review non-legislative efforts to combat store-front sex trafficking of individuals, including the efficacy of these attempts and lessons learned.
III. Solicit and review input from organizations, business owners, and individuals on:
(a) Prior attempts to combat store-front sex trafficking.
(b) Minimizing impact on legitimate businesses.
(c) Potential collaborations needed to address the multi-state and multi-national features of these crimes.
IV. Consider non-traditional approaches, including allowing the termination of leases for entities suspected of sex trafficking that do not comply with duly authorized warrants or investigations as required under proposed legislation.
V. Solicit information regarding individuals who return to sex work in these conditions after receiving assistance to leave this work, in order to differentiate between continued victimization and willing participation in sex work, and the different approaches needed for these groups.
VI. If the committee finds that men are being sex trafficked in similar ways in New Hampshire, ensure protections are appropriately extended to all persons victimized in store-front sex trafficking in New Hampshire.
VII. Investigate ways to bring justice to those facilitating and participating in sex trafficking in New Hampshire.
4 Chairperson; Quorum. The first named house member shall be the chairperson and shall called the first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2025.
6 New Paragraphs; Prostitution and Related Offenses. Amend RSA 645:2 by inserting after paragraph II the following new paragraphs:
II-a. A person is guilty of a class B felony if such person knowingly permits a place under such person’s control to be used for violation of subparagraph I(a).
II-b. A person is guilty of a class A felony if such person violates the provisions of paragraph II-a and the violation:
(a) Involves another person who is under the age of 18; or
(b) Involves compelling another person by force or intimidation.
7 Prostitution and Related Offenses. Amend RSA 645:2, VI to read as follows:
VI. In a prosecution under subparagraph II(a) or II-b(a), the actor's lack of knowledge of the other person's age shall not constitute a defense.
8 Prostitution and Related Offenses. Amend the introductory paragraph of RSA 645:2, II to read as follows:
II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), [(e),] or (f) of paragraph I and the violation:
9 Repeal. RSA 645:2, I(e), relative to a misdemeanor offense for knowingly permitting a place under control to be used for certain offenses, is repealed.
10 Effective Date. This act shall take effect upon its passage.
2025-1074h
AMENDED ANALYSIS
This bill:
I. Establishes a committee to study approaches to combat store-front sex trafficking in New Hampshire.
II. Enhances the penalties for certain prostitution-related offenses.