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Bill

Bill

S 1814

Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."

2026-2027 Regular Session Introduced by Renee Burgess and 6 co-sponsors

The bill makes buying prostitution a crime with harsher penalties and directs fines to the HTSAF to fund victim assistance and a mandatory offender education program.

Introduced in the Senate, Referred to Senate Judiciary Committee
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Bill Summary · S 1814

Purpose and intent

  • The bill upgrades the offense for prostitution as a patron (buying sexual activity) and directs fines collected from such offenses to the Human Trafficking Survivor's Assistance Fund (HTSAF).
  • It aims to strengthen deterrence by increasing the severity of penalties for purchasing prostitution and by funneling monetary penalties to support victims of human trafficking.

Key provisions and changes

  • Prostitution as a patron:

    • Regrades prostitution by a patron from a disorderly persons offense (currently) to a crime of the fourth degree for a first to a third offense, with a fourth offense remaining a crime of the third degree.
    • This change affects the potential imprisonment term, fines, and overall severity for first, second, and third offenses.
  • Fines and monetary penalties:

    • For offenses under subsection b.2 (prostitution-related offenses) and certain related offenses, a mandatory fine range of at least $10,000 and up to $50,000 is added if the offense involves prostitution or related conduct, with a higher minimum of $25,000 when the offense involves promoting the prostitution of a child under 18.
    • All such penalties must be deposited into the HTSAF (via the Department of the Treasury) rather than staying with the general treasury, increasing dedicated funding for trafficking victim assistance.
  • Prostitution Offender Program (mandatory education/rehabilitation):

    • Courts must, for persons convicted of prostitution as a patron (crime of the fourth degree), order participation in the Prostitution Offender Program, unless the prosecutor waives mandatory participation.
    • A $500 program participation fee is added (in addition to other fines).
    • The $500 fee is split: $200 retained in the HTSAF, $200 to the approved provider of the Prostitution Offender Program, and $100 to the arresting law enforcement agency.
  • Prostitution Offender Program details:

    • Establishes an education program to increase awareness about causes of prostitution, its link to human trafficking, health risks, legal consequences of convictions, and the pervasiveness of trafficking.
    • The program can be operated by a county/local government entity with AG approval, or statewide through approved nonprofit/private providers if no local program is available.
    • The program materials and operation may be funded from HTSAF funds as approved by the Attorney General, in coordination with the Commission on Human Trafficking.
  • Administrative and implementation timelines:

    • If a county/local program is established, courts in that jurisdiction must order eligible offenders to attend that local program once established and approved.
    • If no local program is available, courts in other jurisdictions must order attendance at the statewide program, subject to availability and proximity considerations (within 25 miles for optional participation in an out-of-county program).
    • The act takes effect immediately.

Who could be affected

  • Individuals convicted of prostitution as a patron (including first-time through fourth-time offenders, with fourth offenses still a third-degree crime).
  • Courts handling prostitution-related prosecutions.
  • Prosecutors deciding on mandatory participation waivers for the Prostitution Offender Program.
  • Monetary penalties recipients: the HTSAF, program providers, and law enforcement agencies.
  • Providers operating the Prostitution Offender Program and educational materials developed to support trafficking awareness and victim services.
  • Potentially, victims of human trafficking who benefit from HTSAF-funded programs and services.

Procedural and timeline notes

  • Effective date: immediate.
  • The bill requires creation and approval of local/state Prostitution Offender Programs and associated funding mechanisms through HTSAF.
  • Court procedures include mandatory attendance orders and the collection/disbursement of the new $500 program fee, allocated among the HTSAF, providers, and law enforcement.

Impact overview

  • Administrative: Establishment of a dedicated funding stream (HTSAF) for penalties from prostitution-related offenses.
  • Legal: Higher-degree penalties for purchasing prostitution; added mandatory educational programming for offenders.
  • Social: Enhanced focus on reducing demand for prostitution and increasing awareness and support for trafficking victims through funded programs and resources.

Compiled from official sources — confirm details with the bill’s official record.

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