“Tapestri is dedicated to ending violence and oppression in immigrant and refugee communities, using culturally competent and appropriate methods. As advocates for immigrant and refugee families affected by domestic violence, sexual assault and exploitation, we are committed to using education, community organizing, direct services and advocacy to effect change in the lives of these families.”

As an organization that has to keep much of their work private for their clients’ safety, Carol felt it was important to have the hard work of the staff recognized publicly in some way. She nominated Tapestri for the Best Nonprofit to Work For awards 2012 and they ranked first against their peers in the $500,000-$2,000,000 category. Carol, who celebrated her 5 year work-iversary in March, spoke with me about how great it is to work for Tapestri.

Tapestri, Inc. focuses on helping end violence in the refugee and immigrant communities in Atlanta. Their work covers all realms of violence, from human trafficking to domestic disputes. Carol, who has worked her way up from part time Case Manager to Program Director, focuses mostly on the human trafficking side of the organization. Because of the nature of the work they do, having an atmosphere of trust in the office, she says, is very important. She feels comfortable that if something is weighing on her or she just had a hard day she can talk with any of her coworkers about it without feeling judged. The thing that Carol says sets them apart as an organization is that, whether or not things ended on a positive note, they always leave work at the end of the day knowing they made a difference.

Flexibility is a common theme throughout this organization. Employees are flexible in their work because often they end up working more than 40 hours a week without many of the financial perks that would be offered for overtime in a for profit company. Tapestri rewards this flexibility by allowing time to roll over, so if someone works a 50 hour week and feels they need a day off the next week they can have one, assuming there isn’t too much work to be done. With clients professionalism is of the utmost importance, so business attire and confidentiality are emphasized. However, when they’re in the office both their dress and communication is laid back as people often wear jeans and feel comfortable talking openly.

Carol says that they place much emphasis on working as a team and treating each other as such. When employees are out or sick, their coworkers often try to check in on them to see if they need anything. Birthdays are always celebrated, even though sometimes they may be celebrated a little late. Carol says the Executive Director is very focused on keeping the employees happy and working there long term. The Executive Director tries to reward success by having a consistent policy on raises and increases in vacation time, which help reduce the turnover rate. Carol says this is the first job she’s ever had where she doesn’t look at the clock during the day and wonder when she gets to go home, so it’s no wonder that Tapestri, Inc. was one of the Best Nonprofits to Work For in 2012.

Names have been changed to protect privacy.
Article courtesy of http://blog.opportunityknocks.org

They concluded that as many as 31 percent of unauthorized, Spanish-speaking workers in San Diego County have experienced an incident that meets the official definition of human trafficking

https://www.ncjrs.gov/pdffiles1/nij/grants/240223.pdf

12 LC 35 2538

H. B. 1078

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House Bill 1078

By: Representatives Neal of the 1

st and Purcell of the 159th

A BILL TO BE ENTITLED

AN ACT

1 To amend Part 4 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia

2 Annotated, relating to commencement and conduct of juvenile proceedings in courts, so as

3 to provide for the modification of orders of delinquency for children who are victims of

4 sexual abuse or sexual trafficking; to amend Part 8 of Article 1 of Chapter 11 of Title 15 of

5 the Official Code of Georgia Annotated, relating to access to juvenile court records and

6 hearings, so as to provide for the sealing of court records for children who are victims of

7 sexual abuse or sexual trafficking; to provide for related matters; to repeal conflicting laws;

8 and for other purposes.

9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

10

SECTION 1.

11 Part 4 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,

12 relating to commencement and conduct of juvenile proceedings in courts, is amended in

13 Code Section 15-11-40, relating to modification or vacation of orders, revocation of

14 probation, petition, and hearing and notice, as follows:

15

“15-11-40.

16 (a) An order of the court shall be set aside if:

17 (1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;

18 (2) The court lacked jurisdiction over a necessary party or of the subject matter; or

19 (3) Newly discovered evidence so requires.

20 (b) An order of the court may also be changed, modified, or vacated on the ground that

21 changed circumstances so require in the best interest of the child, except an order

22 committing a delinquent child to the Department of Juvenile Justice, after the child has

23 been transferred to the physical custody of the Department of Juvenile Justice, or an order

24 of dismissal. An order granting probation to a child found to be delinquent or unruly may

25 be revoked on the ground that the conditions of probation have not been observed.

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26 (c) An order of adjudication of delinquency by a court may also be modified or vacated

27 if the child was adjudicated delinquent for a sexual crime as such term is defined by Code

28 Section 16-3-6 and such crime resulted from the child being:

29 (1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or

30 (2) A victim of sexual exploitation as such term is defined by Code Section 49-5-40.

31 (d) Any party to the proceeding, the probation officer, or any other person having

32 supervision or legal custody of or an interest in the child may petition the court for the

33 relief provided in this Code section. The petition shall set forth in clear and concise

34 language the grounds upon which the relief is requested.

35 (d)(e) After the petition is filed, the court shall fix a time for hearing and shall cause notice

36 to be served, as a summons is served under Code Section 15-11-39.1, on the parties to the

37 proceeding or those affected by the relief sought. After the hearing, which may be

38 informal, the court shall deny or grant relief as the evidence warrants.

“

39

SECTION 2.

40 Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,

41 relating to access to juvenile court records and hearings, is amended in Code Section

42 15-11-79.2, relating to sealing of records, grounds, notice and hearing, effect of order, and

43 limitation on issuing orders, as follows:

44

“15-11-79.2.

45 (a) Upon dismissal of a petition or complaint alleging delinquency or unruliness, or, in a

46 case handled through informal adjustment, following completion of the informal

47 adjustment, the court shall order the sealing of the files and records in the case, including

48 those specified in Code Sections 15-11-82 and 15-11-83.

49 (b) On application of a person who has been adjudicated delinquent or unruly or on the

50 court’s own motion, and after a hearing, the court shall order the sealing of the files and

51 records in the proceeding, including those specified in Code Sections 15-11-82 and

52 15-11-83, if the court finds that:

53 (1) Two years have elapsed since the final discharge of the person;

54 (2) Since the final discharge of the person he or she has not been convicted of a felony

55 or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly

56 child and no proceeding is pending against the person seeking conviction or adjudication;

57 and

58 (3) The person has been rehabilitated.

59 (c) On application of a person who has been adjudicated delinquent or on the court’s own

60 motion, and after a hearing, the court shall order the sealing of the files and records in the

61 proceeding, including those specified in Code Sections 15-11-82 and 15-11-83, if the court

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62 finds that the child was adjudicated delinquent for a sexual crime as such term is defined

63 by Code Section 16-3-6 and such crime resulted from the child being:

64 (1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or

65 (2) A victim of sexual exploitation as such term is defined by Code Section 49-5-40.

66 (d) Reasonable notice of the hearing required by subsection (b) of this Code section shall

67 be given to:

68 (1) The district attorney;

69 (2) The authority granting the discharge if the final discharge was from an institution or

70 from parole; and

71 (3) The law enforcement officers or department having custody of the files and records

72 if the files and records specified in Code Sections 15-11-82 and 15-11-83 are included

73 in the application or motion.

74 (d)(e) Upon the entry of the order the proceeding shall be treated as if it had never

75 occurred. All index references shall be deleted and the person, the court, the law

76 enforcement officers, and the departments shall properly reply that no record exists with

77 respect to the person upon inquiry in any matter. Copies of the order shall be sent to each

78 agency or official therein named and shall also be sent to the deputy director of the Georgia

79 Crime Information Center. Inspection of the sealed files and records thereafter may be

80 permitted by an order of the court upon petition by the person who is the subject of the

81 records and only by those persons named in the order or to criminal justice officials upon

82 petition to the court for official judicial enforcement or criminal justice purposes.

83 (e)(f) The court may seal any record containing information identifying a victim of an act

84 which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16.

“

85

SECTION 3.

86 All laws and parts of laws in conflict with this Act are repealed.

HR 1242

12 LC 93 0419

H. R. 1242

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House Resolution 1242

By: Representatives Brockway of the 101

st, Lindsey of the 54th, Sheldon of the 105th, O`Neal

of the 146

th, Ashe of the 56th, and others

A RESOLUTION

1 Recognizing February 1, 2012, as End the Commercial Sexual Exploitation of Children Day

2 at the capitol; and for other purposes.

3 WHEREAS, the commercial sexual exploitation of children (CSEC) is a horrific crime

4 perpetrated by adult men and women who abuse children through prostitution; and

5 WHEREAS, Georgia is the first state to have begun scientifically tracking the number of

6 adolescent girls victimized by CSEC; and

7 WHEREAS, according to the Georgia Governor’s Office for Children and Families, the

8 number of CSEC victims doubled from approximately 250 to almost 500 girls each month

9 from late 2007 to early 2010; and

10 WHEREAS, according to

A Future. Not A Past., a scientific study of men who buy sex with

11 young females, 7,200 men pay for sex with adolescent females each month in Georgia,

12 accounting for 8,700 paid sex acts, and a significant portion of these men are repeat

13 customers; and

14 WHEREAS, hundreds of grassroots activists will gather at the capitol on February 1, 2012,

15 to raise awareness about the need to end the commercial sexual exploitation of children in

16 Georgia; and

17 WHEREAS, Street GRACE,

A Future. Not A Past., and Wellspring Living have worked

18 together to organize and empower tens of thousands of grassroots activists across the State

19 of Georgia to end CSEC; and

20 WHEREAS, after several years of developing a first-of-its-kind coordinated state-wide effort

21 to end CSEC, Georgia is the first state under study to begin seeing a systematic decline in the

22 number of adolescent CSEC victims; and

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23 WHEREAS, the State of Georgia has significantly improved its criminal justice system

24 response to the crime of human trafficking with the passage of HB 200 in the 2011 session

25 of the Georgia General Assembly.

26 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that

27 the members of this body recognize February 1, 2012, as End the Commercial Sexual

28 Exploitation of Children Day at the capitol.

29 BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized

30 and directed to transmit an appropriate copy of this resolution to Street GRACE,

A Future.

31

Not A Past., and Wellspring Living.

HR 1151

12 HR 1151/AP

H. R. 1151

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House Resolution 1151 (AS PASSED HOUSE AND SENATE)

By: Representatives Brockway of the 101

st, Lindsey of the 54th, Sheldon of the 105th, Teasley

of the 38

th, Allison of the 8th, and others

A RESOLUTION

1 Creating the Joint Human Trafficking Study Commission; and for other purposes.

2 WHEREAS, the State of Georgia is home to numerous victims of human trafficking which

3 includes those who have been forced into labor and sexual servitude; and

4 WHEREAS, victims of human trafficking include both adults and children as well as citizens

5 from Georgia, other states, and other countries; and

6 WHEREAS, according to U.S. State Department data, an estimated 600,000 to 820,000 men,

7 women, and children are trafficked across international borders each year, and of those,

8 approximately 80 percent are women and girls and up to 50 percent are minors; and

9 WHEREAS, studies have estimated that approximately 400 girls are sexually exploited each

10 month in Georgia, with the average age of initial exploitation being 12 to 14 years of age;

11 and

12 WHEREAS, the Federal Bureau of Investigation has named Atlanta as one of the 14 cities

13 with the highest incidence of the use of children in prostitution; and

14 WHEREAS, the State of Georgia has significantly improved its criminal justice system

15 response to the crime of human trafficking through the passage of HB 200 in the 2011

16 session of the General Assembly; and

17 WHEREAS, although the State of Georgia provides some services for child victims of sexual

18 exploitation, a comprehensive system of services for all victims of human trafficking is

19 needed to enable all individuals who have been forced into labor and sexual servitude to

20 recover from this exploitation; and

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21 WHEREAS, experts on human trafficking and victim services should evaluate models of

22 victim services from other states to recommend an appropriate framework for the State of

23 Georgia.

24 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF

25 GEORGIA that there is created the Joint Human Trafficking Study Commission to be

26 composed of 13 members. The President of the Senate shall appoint three members of the

27 Senate as members of the commission, one of whom shall be a member of the minority party,

28 and shall designate one of such members as cochairperson. The Speaker of the House of

29 Representatives shall appoint three members of the House of Representatives as members

30 of the commission, one of whom shall be a member of the minority party, and shall designate

31 one of such members as cochairperson. One member shall be a local police chief appointed

32 by the Georgia Association of Chiefs of Police. One member shall be a district attorney

33 appointed by the Prosecuting Attorneys’ Council of the State of Georgia. One member shall

34 be a juvenile court judge appointed by the Council of Juvenile Court Judges. One member

35 shall be a superior court judge appointed by the Council of Superior Court Judges of Georgia.

36 One member shall be a public defender appointed by the Georgia Public Defender Standards

37 Council. One member shall be an individual with expertise in advocacy for children who are

38 sexually exploited appointed by the Governor’s Office for Children and Families. One

39 member shall be an individual with expertise in advocacy for adult victims of human

40 trafficking appointed by the Governor’s Office for Children and Families. The

41 cochairpersons shall call all meetings of the commission.

42 BE IT FURTHER RESOLVED that the commission shall undertake a study of the

43 conditions, needs, issues, and problems mentioned above or related thereto and recommend

44 any action or legislation which the commission deems necessary or appropriate. In

45 conducting such study, the commission shall study current law and policy in Georgia and

46 other states and shall elicit views from experts in the fields of child welfare, juvenile justice,

47 social work, mental health, and public health as well as input from child victims and adult

48 survivors of commercial sexual exploitation. The commission shall examine recent policy

49 and social science reports on human trafficking, including, but not limited to, its effect on

50 individuals and community safety. The commission shall review services that are currently

51 available to this population in Georgia, as well as best practices for serving victims of human

52 trafficking from other jurisdictions. The commission may conduct such meetings at such

53 places and at such times as it may deem necessary or convenient to enable it to exercise fully

54 and effectively its powers, perform its duties, and accomplish the objectives and purposes

55 of this resolution. Members of the commission shall receive no compensation for their

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56 services on the commission, and they shall not be reimbursed for expenses incurred by them

57 in the performance of their duties as members of the commission. In the event the

58 commission makes a report of its findings and recommendations, with suggestions for

59 proposed legislation, if any, such report shall be made on or before December 31, 2012, and

60 a copy of the report shall be delivered to the Speaker of the House of Representatives and the

61 Lieutenant Governor. The commission shall stand abolished on January 1, 2013.

11 LC 29 4619S/AP

H. B. 200

- 1 -

House Bill 200 (AS PASSED HOUSE AND SENATE)

By: Representatives Lindsey of the 54

th, Golick of the 34th, Houston of the 170th, Oliver of

the 83

rd, Willard of the 49th, and others

A BILL TO BE ENTITLED

AN ACT

1 To amend Titles 16, 17, and 35 of the Official Code of Georgia Annotated, relating to crimes

2 and offenses, criminal procedure, and law enforcement, respectively, so as to discourage

3 trafficking of persons for labor or sexual servitude and provide greater protections to persons

4 subject to such crimes; to increase the penalties for trafficking of persons for labor or sexual

5 servitude; to change provisions relating to trafficking of persons for labor or sexual servitude;

6 to provide that certain facts or circumstances shall not constitute a defense to the crime of

7 trafficking of persons for labor or sexual servitude; to increase penalties for the crimes of

8 keeping a place of prostitution, pimping, and pandering when the crimes involve certain

9 youth; to provide for definitions; to provide for an affirmative defense to certain sexual

10 crimes under certain circumstances; to change provisions relating to compensation from the

11 Georgia Crime Victims Compensation Board; to provide for notification of federal assistance

12 for certain persons under the Crime Victims’ Bill of Rights; to provide for training for law

13 enforcement investigating crimes involving trafficking persons for labor or sexual servitude;

14 to provide that the Georgia Bureau of Investigation shall have the duty to investigate

15 violations of Code Section 16-5-46 and shall have subpoena power under certain

16 circumstances; to provide for related matters; to repeal conflicting laws; and for other

17 purposes.

18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

19

SECTION 1.

20 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offense, is

21 amended by revising Code Section 16-5-46, relating to trafficking of persons for labor or

22 sexual servitude, as follows:

23

“16-5-46.

24 (a) As used in this Code section, the term:

25 (1) ‘Coercion’ means:

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26 (A) Causing or threatening to cause bodily harm to any person, physically restraining

27 or confining any person, or threatening to physically restrain or confine any person;

28 (B) Exposing or threatening to expose any fact or information or disseminating or

29 threatening to disseminate any fact or information that if revealed would tend to subject

30 a person to criminal or immigration proceedings, hatred, contempt, or ridicule;

31 (C) Destroying, concealing, removing, confiscating, or possessing any actual or

32 purported passport or other immigration document, or any other actual or purported

33 government identification document, of any person; or

34 (D) Providing a controlled substance, as such term is defined by Code Section

35 16-13-21, to such person for the purpose of compelling such person to engage in labor

36 or sexual servitude against his or her will; or

37 (E) Causing or threatening to cause financial harm to any person or using financial

38 control over any person.

39 (2) ‘Deception’ means:

40 (A) Creating or confirming another’s impression of an existing fact or past event which

41 is false and which the accused knows or believes to be false;

42 (B) Maintaining the status or condition of a person arising from a pledge by that person

43 of his or her personal services as security for a debt, if the value of those services as

44 reasonably assessed is not applied toward the liquidation of the debt or the length and

45 nature of those services are not respectively limited and defined, or preventing a person

46 from acquiring information pertinent to the disposition of such debt; or

47 (C) Promising benefits or the performance of services which the accused does not

48 intend to deliver or perform or knows will not be delivered or performed. Evidence of

49 failure to deliver benefits or perform services standing alone shall not be sufficient to

50 authorize a conviction under this Code section.

51 (3) ‘Labor servitude’ means work or service of economic or financial value which is

52 performed or provided by another person and is induced or obtained by coercion or

53 deception.

54 (4) ‘Performance’ shall have the same meaning as set forth in Code Section 16-12-100.

55 (5) ‘Sexually explicit conduct’ shall have the same meaning as set forth in Code Section

56 16-12-100.

57 (4)(6) ‘Sexual servitude’ means:

58 (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code

59 Section 16-12-100 or performance involving sexually explicit conduct for which

60 anything of value is directly or indirectly given, promised to, or received by any person,

61 which conduct is induced or obtained by coercion or deception or which conduct is

62 induced or obtained from a person under the age of 18 years; or

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63 (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code

64 Section 16-12-100 or performance involving sexually explicit conduct which is

65 performed or provided by any person, which conduct is induced or obtained by

66 coercion or deception or which conduct is induced or obtained from a person under the

67 age of 18 years.

68 (b) A person commits the offense of trafficking a person for labor servitude when that

69 person knowingly subjects another person to or maintains another person in labor servitude

70 or knowingly recruits, entices, harbors, transports, provides, or obtains by any means

71 another person for the purpose of labor servitude.

72 (c) A person commits the offense of trafficking a person for sexual servitude when that

73 person knowingly subjects another person to or maintains another person in sexual

74 servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any

75 means another person for the purpose of sexual servitude.

76 (d) The age of consent for sexual activity or the accused’s lack of knowledge of the age of

77 the person being trafficked shall not constitute a defense in a prosecution for a violation of

78 this Code section.

79 (e) The sexual history or history of commercial sexual activity of a person alleged to have

80 been trafficked or such person’s connection by blood or marriage to an accused in the case

81 or to anyone involved in such person’s trafficking shall be excluded from evidence if the

82 court finds at a hearing outside the presence of the jury that the probative value of the

83 evidence is substantially outweighed by the danger of unfair prejudice, confusion of the

84 issues, or misleading the jury.

85 (d)(f)(1) Except as provided in paragraph (2) of this subsection any accused Any person

86 who commits the offense of trafficking a person for labor or sexual servitude shall be guilty

87 of a felony, and upon conviction thereof, shall be punished by imprisonment for not less

88 than one ten nor more than 20 years, a fine not to exceed $100,000.00, or both.

89 (2) Any person accused who commits the offense of trafficking a person for labor or

90 sexual servitude against a person who is under the age of 18 years shall be guilty of a

91 felony, and upon conviction thereof, shall be punished by imprisonment for not less than

92 ten nor more than 20 years, a fine not to exceed $100,000.00, or both; provided, however,

93 that if the offense is committed against a person under 18 years of age and such person

94 under the age of 18 years was coerced or deceived into being trafficked for labor or sexual

95 servitude, the accused shall be guilty of a felony, and upon conviction thereof, shall be

96 punished by imprisonment for not less than 25 nor more than 50 years or life

97 imprisonment, a fine not to exceed $100,000.00, or both.

98 (g) All real and personal property of every kind used or intended for use in the course of,

99 derived from, or realized through a violation of this Code section shall be subject to

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100 forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code

101 Section 16-14-7. Prosecuting attorneys and the Attorney General may commence

102 forfeiture proceedings under this Code section.

103 (e)(h) Prosecuting attorneys and the Attorney General shall have concurrent authority to

104 prosecute any criminal cases arising under the provisions of this Code section and to

105 perform any duty that necessarily appertains thereto.

106 (f)(i) Each violation of this Code section shall constitute a separate offense and shall not

107 merge with any other offense.

108 (g)(j) A corporation may be prosecuted under this Code section for an act or omission

109 constituting a crime under this Code section only if an agent of the corporation performs

110 the conduct which is an element of the crime while acting within the scope of his or her

111 office or employment and on behalf of the corporation and the commission of the crime

112 was either authorized, requested, commanded, performed, or within the scope of his or her

113 employment on behalf of the corporation or constituted a pattern of illegal activity that an

114 agent of the company knew or should have known was occurring.

“

115

SECTION 2.

116 Said title is further amended by revising subsections (a) and (b) of Code Section 16-6-13,

117 relating to the penalties for violating Code Sections 16-6-9 through 16-6-12, as follows:

118

“(a) Except as otherwise provided in subsection (b) of this Code section, a person

119 convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12

120 shall be punished as for a misdemeanor of a high and aggravated nature. A person

121 convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a

122 misdemeanor.

123 (b)(1) A person convicted of keeping a place of prostitution, pimping, or pandering any

124 of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 when such offense

125 involves keeping a place of prostitution for, the pimping for, or the solicitation the

126 conduct of a person under the age of who is at least 16 but less than 18 years of age to

127 perform an act of prostitution or the assembly of two or more persons under the age of

128 18 years at a fixed place for the purpose of being solicited by others to perform an act of

129 prostitution shall be guilty of a felony and shall be punished by imprisonment for a period

130 of not less than five nor more than 20 years, and such convicted person shall be fined a

131 fine of not less than $2,500.00 nor more than $10,000.00, or both.

132 (2) A person convicted of any of the offenses enumerated in Code Sections 16-6-10

133 through 16-6-12 when such offense involves the conduct of a person under the age of 16

134 years shall be guilty of a felony and shall be punished by imprisonment for a period of

135 not less than ten nor more than 30 years, a fine of not more than $100,000.00, or both.

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136 (3) Adjudication of guilt or imposition of a sentence for a conviction of a second or

137 subsequent offense when such offense involves keeping a place of prostitution for, the

138 pimping for, or pandering of a person under the age of 18 years pursuant to this

139 subsection, including a plea of nolo contendere, shall not be suspended, probated,

140 deferred, or withheld.

“

141

SECTION 3.

142 Said title is further amended by adding a new Code section to Article 1 of Chapter 3, relating

143 to responsibility as a defense to criminal prosecutions, to read as follows:

144

“16-3-6.

145 (a) As used in this Code section, the term:

146 (1) ‘Coercion’ shall have the same meaning as set forth in Code Section 16-5-46.

147 (2) ‘Deception’ shall have the same meaning as set forth in Code Section 16-5-46.

148 (3) ‘Sexual crime’ means prostitution, sodomy, solicitation of sodomy, or masturbation

149 for hire as such offenses are proscribed in Chapter 6 of Title 16.

150 (4) ‘Sexual servitude’ shall have the same meaning as set forth in Code Section 16-5-46.

151 (b) A person shall not be guilty of a sexual crime if the conduct upon which the alleged

152 criminal liability is based was committed under coercion or deception while the accused

153 was being trafficked for sexual servitude in violation of subsection (c) of Code Section

154 16-5-46.

155 (c) A defense based upon any of the provisions of this Code section shall be an affirmative

156 defense.

“

157

SECTION 4.

158 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is

159 amended by revising paragraphs (3) and (9) of Code Section 17-15-2, relating to definitions

160 for victim compensation, as follows:

161

“(3) ‘Crime’ means:

162 (A) An act which constitutes hit and run as defined in Code Section 40-6-270,

163 homicide by vehicle as defined in Code Section 40-6-393, serious injury by vehicle as

164 defined in Code Section 40-6-394, or any act which constitutes a violation of Code

165 Section 16-5-46 or Chapter 6 or Part 2 of Article 3 of Chapter 12 of Title 16, a violation

166 of Code Section 16-5-70, or a violent crime as defined by state or federal law which

167 results in physical injury, serious mental or emotional trauma, or death to the victim and

168 which is committed:

169 (i) In this state;

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170 (ii) In a state which does not have a victims’ compensation program, if the victim is

171 a resident of this state; or

172 (iii) In a state which has compensated the victim in an amount less than the victim

173 would be entitled to pursuant to this chapter, if the victim is a resident of this state;

174 (B) An act which constitutes international terrorism as defined in 18 U.S.C. Section

175 2331 which results in physical injury, serious mental or emotional trauma, or death to

176 the victim, if the victim is a resident of this state and is outside the territorial boundaries

177 of the United States when such act is committed; or

178 (C) An act of mass violence which results in physical injury, serious mental or

179 emotional trauma, or death to the victim, if the victim is a resident of this state and is

180 outside the territorial boundaries of the United States when such act is committed.

“

181

“(9) ‘Victim’ means a person who:

182 (A) Is injured physically, who dies, or who suffers financial hardship as a result of

183 being injured physically as a direct result of a crime;

184 (B) Suffers a serious mental or emotional trauma as a result of being threatened with

185 a crime which could result in physical injury or death; or

186 (C) Suffers a serious mental or emotional trauma as a result of being present during the

187 commission of a crime; or

188 (D) Suffers a serious mental or emotional trauma as a result of being trafficked for

189 labor or sexual servitude as defined in Code Section 16-5-46.

“

190

SECTION 5.

191 Said title is further amended by revising subsection (e) of Code Section 17-15-7, relating to

192 persons eligible for awards, as follows:

193

“(e) A person who is criminally responsible for the crime upon which a claim is based or

194 is an accomplice of such person shall not be eligible to receive an award with respect to

195 such claim; provided, however, that such ineligibility shall not apply if the claimant is a

196 victim as defined in subparagraph (D) of paragraph (9) of Code Section 17-15-2.

“

197

SECTION 6.

198 Said title is further amended by revising subsection (a) of Code Section 17-15-8, relating to

199 required findings and the amount of the award, as follows:

200

“(a) No award may be made unless the board or director finds that:

201 (1) A crime was committed;

202 (2) The crime directly resulted in the victim’s physical injury, serious mental or

203 emotional trauma, or financial hardship as a result of the victim’s physical injury, serious

204 mental or emotional trauma, or the victim’s death;

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205 (3) Police records, records of an investigating agency, or records created pursuant to a

206 mandatory reporting requirement show that the crime was promptly reported to the proper

207 authorities. In no case may an award be made where the police records, records of an

208 investigating agency, or records created pursuant to a mandatory reporting requirement

209 show that such report was made more than 72 hours after the occurrence of such crime

210 unless the board, for good cause shown, finds the delay to have been justified and

211 provided, further, that good cause shall be presumed if the claimant is a victim as defined

212 in subparagraph (D) of paragraph (9) of Code Section 17-15-2; and

213 (4) The applicant has pursued restitution rights against any person who committed the

214 crime unless the board or director determines that such action would not be feasible.

215 The board, upon finding that any claimant or award recipient has not fully cooperated with

216 all law enforcement agencies, may deny, reduce, or withdraw any award.

“

217

SECTION 7.

218 Said title is further amended by revising subsection (a) of Code Section 17-17-6, relating to

219 notification to victim of accused’s pretrial release and of victims’ rights and the availability

220 of victims’ compensation and services, as follows:

221

“(a) Upon initial contact with a victim, all law enforcement and court personnel shall make

222 available to the victim the following information written in plain language:

223 (1) The possibility of pretrial release of the accused, the victim’s rights and role in the

224 stages of the criminal justice process, and the means by which additional information

225 about these stages can be obtained;

226 (2) The availability of victim compensation and, if the victim has been trafficked for

227 labor or sexual servitude as defined in Code Section 16-5-46, compensation available

228 through the federal government pursuant to 22 U.S.C. Section 7105; and

229 (3) The availability of community based victim service programs.

“

230

SECTION 8.

231 Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended

232 by adding a new Code section to Chapter 1, relating to general provisions for law

233 enforcement officers and agencies, to read as follows:

234

“35-1-16.

235 (a) The Georgia Peace Officer Standards and Training Council and the Georgia Public

236 Safety Training Center shall establish guidelines and procedures for the incorporation of

237 training materials and information in:

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238 (1) Methods for identifying, combating, and reporting incidents where a person has been

239 trafficked for labor or sexual servitude, as such terms are defined in Code Section

240 16-5-46;

241 (2) Methods for providing proper detention facilities or alternatives to detention facilities

242 for persons who have been trafficked for labor or sexual servitude, as such terms are

243 defined in Code Section 16-5-46, including providing information on therapeutic

244 facilities for such persons; and

245 (3) Methods for assisting persons who have been trafficked for labor or sexual servitude,

246 as such terms are defined in Code Section 16-5-46, including providing information on

247 social service organizations available to assist such person.

248 (b) The guidelines and procedures listed in subsection (a) of this Code section shall be for

249 use by law enforcement training centers monitored by the Georgia Peace Officer Standards

250 and Training Council and monitored and funded by the Georgia Public Safety Training

251 Center in all courses for which they have responsibility and oversight.

“

252

SECTION 9.

253 Said title is further amended by revising subsection (a) of Code Section 35-3-4, relating to

254 powers and duties of the Georgia Bureau of Investigation, by striking “or” at the end of

255 paragraph (11), striking the period at the end of paragraph (12) and inserting “; or” in lieu

256 thereof, and adding a new paragraph to read as follows:

257

“(13) Identify and investigate violations of Code Section 16-5-46.“

258

SECTION 10.

259 Said title is further amended by adding a new Code section to read as follows:

260

“35-3-4.3.

261 (a) In any investigation of a violation of Code Section 16-5-46 involving trafficking of

262 persons for labor or sexual servitude, the director, assistant director, or deputy director for

263 investigations shall be authorized to issue a subpoena, with the consent of the Attorney

264 General, to compel the production of books, papers, documents, or other tangible things,

265 including records and documents contained within, or generated by, a computer or any

266 other electronic device.

267 (b) Upon the failure of a person without lawful excuse to obey a subpoena, the director,

268 assistant director, or the deputy director for investigations, through the Attorney General

269 or district attorney, may apply to a superior court having jurisdiction for an order

270 compelling compliance. Such person may object to the subpoena on grounds that it fails

271 to comply with this Code section or upon any constitutional or other legal right or privilege

272 of such person. The court may issue an order modifying or setting aside such subpoena or

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Sustainer

Patron

• Lawrence Dietrich
• Holly Hawkins Saporito

Friend

• Darryl Martin
• Tracy and Edward Plott
• Doua Kue-Morris
• Ballard Spahr LLP
• Counsel On Call
• Gracie & Greg Nickerson

Many Thanks to our in kind donors

• Aurum Lounge
• Salon Red
• Solomon Brothers
• The Nest Norcross Arts Alliance
• Merrill Corporation
• Custom Portrait Gift
• CSM Bakery
• All of our art & jewelry donors!

Tapestri is proud to announce that have received funding from the Department of Human Services for “Refugee Domestic Violence Prevention Program”. The funding will enable Tapestri to continue to work with Refugee communities who are at risk of domestic violence, those that are already affected and in need of support.
We are proud of our continued partnership and are honored to receive a year of funding from this program!

The Extent of the Problem

Murder - Every day four women die in this country as a result of domestic violence, the euphemism for murders and assaults by husbands and boyfriends. That’s approximately 1,400 women a year, according to the FBI. The number of women who have been murdered by their intimate partners is greater than the number of soldiers killed in the Vietnam War.

Battering – Although only 572,000 reports of assault by intimates are officially reported to federal officials each year, the most conservative estimates indicate two to four million women of all races and classes are battered each year. At least 170,000 of those violent incidents are serious enough to require hospitalization, emergency room care or a doctor’s attention.

Sexual Assault – Every year approximately 132,000 women report that they have been victims of rape or attempted rape, and more than half of them knew their attackers. It’s estimated that two to six times that many women are raped, but do not report it. Every year 1.2 million women are forcibly raped by their current or former male partners, some more than once.

The Targets – Women are 10 times more likely than men to be victimized by an intimate.

Impact on Children – Violent juvenile offenders are four times more likely to have grown up in homes where they saw violence. Children who have witnessed violence at home are also five times more likely to commit or suffer violence when they become adults.

Impact on Health and Social Services – Women who are battered have more than twice the health care needs and costs than those who are never battered. Approximately 17 percent of pregnant women report having been battered, and the results include miscarriages, stillbirths and a two to four times greater likelihood of bearing a low birth weight baby. Abused women are disproportionately represented among the homeless and suicide victims. Victims of domestic violence are being denied insurance in some states because they are considered to have a “pre-existing condition.”

Domestic violence is a way of behaving in an intimate or family relationship in which one partner is forced to change his or her behavior in response to threats or abuse from the other partner.  A lot of times, the violence is physical, but it can also involve threats, isolation, intimidation, harassment, emotional mistreatment, forced sex or making threats with regard to deportation.  Upon arrival in the U.S., immigrant and refugee women frequently face the trauma of having their lives uprooted, being deprived of their family and community ties, and becoming dependent on their male partners’ financial resources and language abilities.  When faced with domestic violence, their isolation is often exacerbated by cultural beliefs and practices that excuse, deny, and decriminalize the violence and ignore its effects on their physical and emotional health.  Direct services for battered women often fail to meet the language needs of women of limited English proficiency, further isolating them.  Thus, immigrant and refugee women are often physically and emotionally harmed not only by the violence they experience, but also by systemic isolation and re-victimization.

Family violence not only violates the basic right of the refugee women to have a violence-free life, but also has damaging effects on refugee children who continue witnessing violence in their homes.  Family violence teaches children that violence is acceptable.  Refugee children who witness violence in their homes have a higher chance of dropping out of school and of committing a violent crime.  Children from homes where one parent is abusing the other also have a greater chance of being abused.

Refugee and immigrant men who use violence against their families experience trauma, loss, and isolation in the immigration process and are also supported in the use of violence against their families by the very cultural norms that isolate the women in their lives.  Moreover, immigrant and refugee men court mandated to domestic violence intervention are rarely provided appropriate language services, and many are allowed to attend, pay fees, and exit without meaningful participation, heightening the risk of further violence with its resultant physical and emotional harm to the women and children survivors.