SSB 5936
In CommitteeSenate
Human trafficking
Concerning prevention of and remedies for human trafficking.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill strengthens tools to hold businesses accountable for human trafficking, expands protections for victims’ privacy, and creates a clear process for certifying victims for federal immigration relief. It also updates public records rules to better shield victims’ identities.
- Businesses can now be criminally prosecuted for human trafficking if they knowingly engage in it or if their employees/agents do it as part of a pattern benefiting the business—and the business knew about it and failed to stop it.
- Courts may impose additional penalties on businesses convicted of human trafficking, including fines up to $1,000,000 per offense, forfeiture of profits, and disbarment from government contracts.
- Victims’ identities, photos, and contact information (including family members) must be kept confidential during investigations and prosecutions, except when disclosure is necessary for investigation, prosecution, or service provision.
- State and local agencies must provide certification forms (Form I-914 Supplement B or I-918 Supplement B) to individuals they reasonably believe are victims of trafficking, to help them apply for federal T or U visas or continued presence.
- Confidentiality protections for body-worn camera recordings are expanded to include victims of human trafficking—recordings depicting them or their families may not be released without legal exception.
Who is affected
- Business entities — Businesses (e.g., restaurants, hotels, transportation companies) may now be held criminally liable for human trafficking if they knowingly engage in it or fail to stop trafficking by their employees/agents that benefits the business. They may face fines up to $1,000,000 per offense, profit forfeiture, and being barred from government contracts.
- Victims of human trafficking and their families — Victims of human trafficking (including children) and their families gain stronger protections: their identities, photos, and contact information are kept confidential during investigations and prosecutions, with narrow exceptions.
- Law enforcement agencies and prosecutors — Law enforcement and prosecutors gain clearer authority and protocols to investigate and prosecute businesses involved in human trafficking, and to certify victims for federal T or U visas (used to support immigration relief for trafficking victims).
- Immigrant victims of human trafficking — Immigrant victims of trafficking may more easily access federal T or U visas, which provide temporary legal status and work authorization, by receiving official certification from state or local agencies.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (3)
Holding businesses criminally liable for trafficking conducted by employees *if the business knew and failed to stop it* closes a major enforcement gap—especially in industries like trucking, agriculture, and hospitality where trafficking is known to occur—and deters willful ignorance or willful inaction by employers.
Public SafetyPeopleRef: Sec. 1(1)(b)Mandating confidentiality of victims’ and their families’ identities, photos, and contact information during investigations and prosecutions significantly reduces the risk of retaliation, retraumatization, and further exploitation—critical protections for vulnerable individuals who may fear deportation or violence from traffickers.
Rights & LibertiesPeopleRef: Sec. 2 and Sec. 3(5)(a)(iii)Formalizing the certification process for federal T/U visas enables immigrant victims to access legal status, work authorization, and critical services without relying on federal agencies alone—empowering state and local actors to support victims and build trust with law enforcement.
immigrationPeopleRef: Sec. 4
Potential Concerns (3)
Businesses—including small and mid-sized enterprises in hospitality, transportation, and agriculture—may face criminal liability and severe financial penalties ($1M/fine, profit forfeiture, debarment) for trafficking by employees they did not directly supervise, even if the business had no direct knowledge of the specific act, only a failure to stop a *pattern* of activity benefiting the business. This expands criminal liability beyond intentional misconduct to negligence-like standards, raising compliance costs and legal risk for employers of vulnerable workers.
Business & EmploymentPeopleRef: Sec. 1(1)(b)Expanding confidentiality to include *family members* of trafficking victims (not just the victims themselves) may hinder investigative transparency and limit law enforcement’s ability to corroborate claims through family testimony or locate additional witnesses, potentially weakening prosecutions in complex trafficking networks where family members are often complicit or知情.
Public SafetyPeopleRef: Sec. 3(5)(a)(iii)State and local agencies (e.g., health departments, social services, courts) must now develop protocols to identify trafficking victims and issue federal visa certifications—tasks that require training, staffing, and interagency coordination without new state funding, diverting resources from other high-need services.
Local GovernmentPeopleRef: Sec. 4
Who Is Most Affected
Businesses in labor-intensive sectors (e.g., agriculture, construction, hospitality, transportation) face heightened legal exposure: criminal liability, fines up to $1M, profit forfeiture, and debarment from government contracts—even for indirect or employee-level trafficking if a *pattern* benefiting the business occurred and the business failed to stop it. While large corporations have more resources to comply, small and mid-sized businesses may struggle with compliance costs and legal risk.
Victims gain powerful new protections: identity confidentiality, access to federal immigration relief via state certification, and expanded protections for body-worn camera footage. These reduce retaliation risk and increase trust in law enforcement—critical for victims who fear deportation or violence.
Law enforcement and prosecutors gain clearer authority to prosecute businesses and certify victims for federal visas, but must develop new protocols, train staff, and coordinate with social services—all without specified funding. This may strain already-burdened agencies, especially in rural counties.
Immigrant victims gain a critical pathway to legal status and work authorization via state-certified forms—reducing their vulnerability to exploitation and enabling access to services. However, success depends on agency training and consistency across jurisdictions.
Local governments (counties, cities) must implement new certification protocols and may face increased demand for victim services. While some costs may be offset by federal T-Visa funding or fines from prosecuted businesses, the bill provides no dedicated state funding—potentially diverting resources from other priorities.