ADVOCATE | EDUCATE | COLLABORATE
Colorado PENDING Legislation
BILL SUMMARY
The bill establishes the "Battling to Restore, Advocate, and Vanquish Exploitation (BRAVE) Act of 2024" (BRAVE act). The purpose of the BRAVE act is to authorize qualified nonprofit organizations (nonprofits) that work to combat human trafficking in Colorado or provide aftercare services to survivors of human trafficking to initiate civil litigation against human traffickers. Nonprofits are given legal standing in human trafficking cases in which they were involved. The office of the attorney general has the responsibility for purposes of notice and oversight. The Colorado human trafficking council is responsible for developing victim-centered and trauma-informed training. The bill creates the human trafficking prevention and aftercare services fund.
SECTION 1. In Colorado Revised Statutes, add part 13 to article 20 of title 13 as follows:
13-20-1302. Legislative declaration.
(1) The general 10 assembly finds and declares that:
(a) Human trafficking, both for involuntary and sexual servitude, severely violates human rights and dignity. This scourge impacts individuals and communities across the state and necessitates a proactive and concerted response.
(b) Nonprofit organizations play a pivotal role in addressing human trafficking. These entities are often at the forefront of identifying, supporting, and advocating for survivors of human trafficking. They also play a crucial role in raising awareness about and contributing to the prevention of human trafficking.
(c) Legally enabling and empowering nonprofit organizations to initiate civil litigation against perpetrators of human trafficking creates a parallel avenue for justice and reparations that supplements the criminal justice system.
(d) Encouraging a comprehensive approach toward combating human trafficking that includes prevention, intervention, survivor support, and active prosecution of traffickers helps facilitate collaboration between nonprofit organizations, law enforcement, and other stakeholders.
(e) (e) supporting survivors of human trafficking in a variety of ways is crucial and includes ensuring access to necessary services, protecting survivors' rights and dignity, and providing avenues for survivors' voices and experiences to influence policy and practice.
(f) By aligning existing Colorado policies and laws that address human trafficking and ensuring a coherent and unified state response, this part 13 seeks to strengthen existing legal frameworks, close gaps in enforcement, and provide additional tools to combat human trafficking.
(g) The importance of public engagement and education in combating human trafficking cannot be understated. This part 13 seeks to foster a better-informed public that can identify and respond to human trafficking scenarios and support community-based efforts against human trafficking.
(h) and transparency in any actions taken by nonprofit organizations in combating human trafficking is critical. This includes the responsible use of legal mechanisms and ensuring that the pursuit of civil litigation respects the legal rights of all parties involved.
(i) It is crucial to continually evaluate and monitor the impact and effectiveness of this part 13, including its implementation and outcomes, and to make any necessary adjustments to ensure it meets its objectives in the dynamic landscape of law enforcement and human rights advocacy.
(2) Therefore, the general assembly recognizes the crucial role played by Colorado nonprofit organizations in supporting survivors of human trafficking and in aiding law enforcement in exposing human trafficking, and declares that Colorado nonprofit organizations must be empowered in the battle against human trafficking by providing those organizations with the ability to initiate civil actions against human traffickers.
SECTION 2. In Colorado Revised Statutes, 18-3-505, amend (4)(e) and (4)(i); and add (4)(j) as follows:
18-3-505. Human trafficking council - created - duties - repeal.
(4) The council shall meet at least four times each year and shall carry out the following duties:
(e) Develop training standards and curricula for organizations that provide assistance to victims of human trafficking, INCLUDING TRAINING FOR NONPROFIT ORGANIZATIONS PURSUANT TO SECTION 13-20-1307, for persons who work in or who frequent places where human trafficking victims are likely to appear, and for law enforcement agencies;
(i) On or after January 1, 2019, perform a post-enactment review of section 18-7-201.3 and report its findings to the judiciary committees of the senate and house of representatives, or any successor committees;
AND
(j) Manage the human trafficking prevention and aftercare services fund created in section 18-3-506.
SECTION 3. In Colorado Revised Statutes, add 18-3-506 as 19 follows:
18-3-506. Human trafficking prevention and aftercare services fund.
(1) The human trafficking prevention and aftercare services fund is created in the state treasury. The fund consists of money credited to the fund pursuant to part 13 of article 20 of title 13 and any other money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the human trafficking prevention and aftercare services to the fund.
(3) The human trafficking council shall manage the fund and utilize any money in the fund expressly for initiatives and programs aimed at providing aftercare services, rehabilitation, and legal support to survivors.