Restitution and Asset Forfeiture: A Focus on Human Trafficking Current as of April 2014

Size: px
Start display at page:

Download "Restitution and Asset Forfeiture: A Focus on Human Trafficking Current as of April 2014"

Transcription

1 ÆQUITAS Restitution and Asset Forfeiture: A Focus on Human Trafficking Current as of April H STREET NW, SUITE 310 WASHINGTON, DC P: (202) F: (202) RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 1 of 173

2 Restitution and Asset Forfeiture: A Focus on Human Trafficking INTRODUCTION... 8 RESTITUTION SUMMARY... 8 ASSET FORFEITURE SUMMARY ALABAMA HUMAN TRAFFICKING STATUTES: ALA. CODE 13A (2010). MANDATORY RESTITUTION ALA. CODE 13A (2010). FORFEITURE OF PROFITS OR PROCEEDS AND INTEREST IN PROPERTY ALASKA HUMAN TRAFFICKING STATUTES: ALASKA STAT. ANN (WEST 2006). RESTITUTION AND COMPENSATION ARIZONA HUMAN TRAFFICKING STATUTES: ARIZ. REV. STATE. ANN (2005). RESTITUTION ARKANSAS HUMAN TRAFFICKING STATUTES: ARK. CODE ANN (WEST 2014). RESTITUTION ARK. CODE ANN (WEST 2013). FORFEITURE, CRIMINAL CONVEYANCES CALIFORNIA HUMAN TRAFFICKING STATUTE: CAL. PENAL CODE (WEST 2012). RESTITUTION FINES; EXCEPTION; AMOUNTS; HEARING; DISCLOSURE; EXTENSION.. 19 CAL. PENAL CODE (WEST 2010). REAL PROPERTY USED TO FACILITATE HUMAN TRAFFICKING; PROCEDURES FOR DETERMINING WHETHER PROPERTY IS NUISANCE; REMEDIES CAL. PENAL CODE (WEST 2013). HUMAN TRAFFICKING; PETITION FOR PROTECTIVE RELIEF TO PRESERVE PROPERTY OR ASSETS; NOTICE; VERIFIED CLAIM OF INTEREST; PENDENTE LITE ORDERS; PROCESSING OF PETITION; LEVY OF PROPERTY OR ASSETS FOR PAYMENT OF FINES AND RESTITUTION COLORADO HUMAN TRAFFICKING STATUTES: COLO. REV. STAT. ANN (WEST 2012). DEFINITIONS COLO. REV. STAT. ANN (WEST 2014). ASSESSMENT OF RESTITUTION- - CORRECTIVE ORDERS CONNECTICUT HUMAN TRAFFICKING STATUTE: CONN. GEN. STAT. ANN. 53A- 28 (WEST 2012). AUTHORIZED SENTENCES CONN. GEN. STAT. ANN P (WEST 2013). FORFEITURE OF MONEYS AND PROPERTY RELATED TO SEXUAL EXPLOITATION AND HUMAN TRAFFICKING. IN REM PROCEEDING. DISPOSITION DELAWARE HUMAN TRAFFICKING STATUTE: DEL. CODE ANN. tit. 11, 787 (WEST 2007). TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE; CLASS F FELONY; CLASS E FELONY; CLASS C FELONY; CLASS B FELONY; CLASS A FELONY DISTRICT OF COLUMBIA HUMAN TRAFFICKING STATUTES: D.C CODE (WEST 1983). RESTITUTION OR REPARATION D.C. CODE (WEST 2010). FORFEITURE FLORIDA HUMAN TRAFFICKING STATUTE: RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 2 of 173

3 FLA. STAT. ANN (WEST 2012). RESTITUTION GEORGIA HUMAN TRAFFICKING STATUTE: GA. CODE ANN (WEST 2014). DEFINITIONS GA. CODE ANN (WEST 2010). COURT- ORDERED RESTITUTION HAWAII HUMAN TRAFFICKING STATUTE: HAW. REV. STAT (WEST 2011). RESTITUTION FOR VICTIMS OF LABOR TRAFFICKING HAW. REV. STAT. 712A- 4 (WEST 2013). COVERED OFFENSES HAW. REV. STAT. 712A- 5 (WEST 2002). PROPERTY SUBJECT TO FORFEITURE; EXEMPTION IDAHO HUMAN TRAFFICKING STATUTES: IDAHO CODE ANN (WEST 2007). RESTITUTION- - REHABILITATION ILLINOIS HUMAN TRAFFICKING STATUTE: ILL. COMP. STAT. ANN. 5/10-9 (WEST 2013). TRAFFICKING IN PERSONS, INVOLUNTARY SERVITUDE, AND RELATED OFFENSES ILL. COMP. STAT. ANN. 5/124B- 300 (WEST 2013). PERSONS AND PROPERTY SUBJECT TO FORFEITURE INDIANA HUMAN TRAFFICKING STATUTE: IND. CODE ANN (WEST 2012). RESTITUTION TO VICTIM IND. CODE ANN (WEST 2012). RESTITUTION ORDER IOWA HUMAN TRAFFICKING STATUTES: IOWA CODE ANN. 710A.4 (WEST 2006). RESTITUTION IOWA CODE ANN. 809A.3 (WEST 2013). CONDUCT GIVING RISE TO FORFEITURE IOWA CODE ANN. 809A.4 (WEST 2013). PROPERTY SUBJECT TO FORFEITURE KANSAS HUMAN TRAFFICKING STATUTE: KAN. STAT. ANN (WEST 1990). RESTITUTION AWARDS; ORDER; PAYMENT; REIMBURSEMENT OF FUND KAN. STAT. ANN (WEST 2013). COVERED OFFENSES AND CONDUCT GIVING RISE TO FORFEITURE KAN. STAT. ANN (WEST 2013). PROPERTY SUBJECT TO FORFEITURE KENTUCKY HUMAN TRAFFICKING STATUTES: KY. REV. STAT. ANN (WEST 2010). CONDITIONS OF PROBATION AND CONDITIONAL DISCHARGE; RESTITUTION TO VICTIM KY. REV. STAT. ANN (WEST 2002). RESTITUTION LOUISIANA HUMAN TRAFFICKING STATUTES: LA. CODE CRIM. PROC. ANN. art (2010). RESTITUTION TO VICTIM LA. REV. STAT. ANN. 15:539.1 (2013). FORFEITED PROPERTY RELATED TO CERTAIN SEX CRIMES; EXEMPT PROPERTY; ALLOCATION OF FORFEITED PROPERTY MAINE HUMAN TRAFFICKING STATUTE: ME. REV. STAT. tit. 17- A, 1323 (2008). MANDATORY CONSIDERATION OF RESTITUTION ME. REV. STAT. tit. 17- A, 1322 (2008). DEFINITIONS ME. REV. STAT. tit. 15, 5821 (2013). SUBJECT PROPERTY RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 3 of 173

4 MARYLAND HUMAN TRAFFICKING STATUTES: MD. CODE ANN. CRIM. PROC (WEST 2011). JUDGMENT OF RESTITUTION MASSACHUSETTS HUMAN TRAFFICKING STATUTES: MASS. GEN. LAWS ANN. ch. 276, 92 (WEST 2012). RESTITUTION OR REPARATION TO INJURED PERSON THROUGH PROBATION OFFICER MASS. GEN. LAWS ANN. ch. 265, 55 (WEST 2012). FORFEITURE OF FUNDS USED TO FACILITATE VIOLATION OF SEC. 50 OR 51; VICTIM RESTITUTION MASS. GEN. LAWS ANN. ch. 265, 56 (WEST 2012). PROPERTY SUBJECT TO FORFEITURE RESULTING FROM VIOLATIONS OF SECS. 50 OR 51; PROCEDURE; EXCEPTIONS; RECORDS; PRELIMINARY ORDERS FOR SEIZURE; REFERRAL TO OFFICE OF SEIZED PROPERTY MANAGEMENT; HOMESTEAD EXEMPTIONS; RECORDING OF CERTIFICATE OF FACT OF FINAL JUDGMENT MICHIGAN HUMAN TRAFFICKING STATUTES: MICH. COMP. LAWS ANN (WEST 2013). ORDERING OF PAYMENT OF RESTITUTION TO VICTIM BY DEFENDANT GENERALLY; REQUIREMENTS OF ORDER; ENFORCEMENT OF ORDER; DISPOSITION OF REFUSED OR UNCLAIMED PAYMENTS; MODIFICATION OF ORDER; NOTICE OF DECLARATION OF BANKRUPTCY BY DEFENDANT; RESTITUTION TO MINOR VICTIM MINNESOTA HUMAN TRAFFICKING STATUTES: MINN. STAT. ANN. 611A.04 (WEST 2013). ORDER OF RESTITUTION MINN. STAT. ANN (WEST 2012). FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES MISSISSIPPI HUMAN TRAFFICKING STATUTES: MISS. CODE. ANN (WEST 1992). DEFINITIONS MISS. CODE. ANN (WEST 2003). IMPOSITION AND AMOUNT MISS. CODE. ANN (WEST 2013). FORFEITURE OF ASSETS AND DISPOSITION OF PROCEEDS MISSOURI HUMAN TRAFFICKING STATUTES: MO. ANN. STAT (WEST 2011). RESTITUTION REQUIRED FOR CERTAIN OFFENDERS MO. ANN. STAT (WEST 2011). PROPERTY SUBJECT TO FORFEITURE- - PROCEDURE- - REPORTS MONTANA HUMAN TRAFFICKING STATUTES: MONT. CODE ANN (2009). CONDITION OF RESTITUTION NEBRASKA HUMAN TRAFFICKING STATUTES: NEB. REV. STAT (WEST 1992). RESTITUTION; ORDER; WHEN NEVADA HUMAN TRAFFICKING STATUTES: NEV. REV. STAT. ANN (WEST 1995). SENTENCE OF IMPRISONMENT REQUIRED OR PERMITTED BY STATUTE: DEFINITE PERIOD FOR MISDEMEANOR OR GROSS MISDEMEANOR; MINIMUM AND MAXIMUM TERM FOR FELONY UNLESS DEFINITE TERM REQUIRED BY STATUTE; RESTITUTION; MODIFICATION OF SENTENCE NEV. REV. STAT. ANN. 176A.430 (WEST 2013). RESTITUTION NEV. REV. STAT. ANN (WEST 2005). PROPERTY SUBJECT TO SEIZURE AND FORFEITURE; EXCEPTIONS NEW HAMPSHIRE HUMAN TRAFFICKING STATUTES: N.H. REV. STAT. ANN. 633:10 (2010). RESTITUTION AND COMPENSATION N.H. REV. STAT. ANN. 633:8 (2010). FORFEITURE OF ITEMS USED IN CONNECTION WITH TRAFFICKING IN PERSONS NEW JERSEY RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 4 of 173

5 HUMAN TRAFFICKING STATUTES: N.J. STAT. ANN. 2C:13-8 (WEST 2013). HUMAN TRAFFICKING N.J. STAT. ANN. 2C:64-1 (WEST 2011). PROPERTY SUBJECT TO FORFEITURE NEW MEXICO HUMAN TRAFFICKING STATUTE: N.M. STAT. ANN (WEST 2008). HUMAN TRAFFICKING N.M. STAT. ANN (WEST 2005). VICTIM RESTITUTION NEW YORK HUMAN TRAFFICKING STATUTES: N.Y. PENAL LAW (MCKINNEY 2013). RESTITUTION AND REPARATION N.Y. C.P.L.R (MCKINNEY 2010). FORFEITURE ACTIONS NORTH CAROLINA HUMAN TRAFFICKING STATUTES: N.C. GEN. STAT. ANN (WEST 2013). MANDATORY RESTITUTION; VICTIM SERVICES; FORFEITURE N.C. GEN. STAT. ANN (WEST 2008). FORFEITURE OF GAIN ACQUIRED THROUGH CRIMINAL ACTIVITY NORTH DAKOTA HUMAN TRAFFICKING STATUTES: N.D. CENT. CODE ANN (WEST 2009). HUMAN TRAFFICKING- - PENALTY N.D. CENT. CODE ANN (WEST 2009). HEARING PRIOR TO ORDERING RESTITUTION, REPARATION, OR REIMBURSEMENT OF INDIGENT DEFENSE COSTS AND EXPENSES- - CONDITIONS- - COLLECTION OF RESTITUTION FOR INSUFFICIENT FUNDS CHECKS- - CONTINUING APPROPRIATION OHIO HUMAN TRAFFICKING STATUTE: OHIO REV. CODE ANN (WEST 2013). FINANCIAL SANCTIONS OHIO REV. CODE ANN (WEST 2007). PROPERTY SUBJECT TO FORFEITURE OKLAHOMA HUMAN TRAFFICKING STATUTE: OKLA. STAT. ANN. tit. 21, 748 (WEST 2012). HUMAN TRAFFICKING FOR FORCED LABOR OR FORCED SEXUAL EXPLOITATION OKLA. STAT. ANN. tit. 22, 991f (WEST 2001). RESTITUTION OKLA. STAT. ANN. tit. 21, 1738 (WEST 2011). SEIZURE AND FORFEITURE PROCEEDINGS- - VEHICLES, AIRPLANES, VESSELS, ETC. USED IN ATTEMPT OR COMMISSION OF CERTAIN CRIMES OREGON HUMAN TRAFFICKING STATUTES: OR. REV. STAT. ANN (WEST 2013). RESTITUTION OF VICTIMS OR. REV. STAT. ANN. 131A.020 (WEST 2009). PROPERTY SUBJECT TO FORFEITURE PENNSYLVANIA HUMAN TRAFFICKING STATUTE: PA. CONS. STAT. ANN (WEST 2007). RESTITUTION FOR OFFENSES PA. CONS. STAT. ANN (WEST 2007). FORFEITURE RHODE ISLAND HUMAN TRAFFICKING STATUTES: R.I. GEN. LAWS ANN (WEST 2007). RESTITUTION R.I. GEN. LAWS ANN (WEST 2007). FORFEITURES SOUTH CAROLINA HUMAN TRAFFICKING STATUTES: S.C. CODE ANN (2012). DEFINITIONS S.C. CODE ANN (2012). RESTITUTION FOR VICTIMS OF TRAFFICKING RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 5 of 173

6 S.C. CODE ANN (2012). FORFEITURE SOUTH DAKOTA HUMAN TRAFFICKING STATUTES: S.D. CODIFIED LAWS 23A (1997). POLICY OF STATE- - ENFORCEMENT OF ORDER S.D. CODIFIED LAWS 23A (1999). FACTORS CONSIDERED IN FORMULATING RESTITUTION PLAN TENNESSEE HUMAN TRAFFICKING STATUTES: TENN. CODE ANN (WEST 2012). INVOLUNTARY LABOR SERVITUDE TENN. CODE ANN (WEST 2008). TRAFFICKING PERSONS FOR FORCED LABOR OR SERVICES TENN. CODE ANN (WEST 2011). CRIMINAL PROCEEDS SUBJECT TO FORFEITURE TEXAS HUMAN TRAFFICKING STATUTES: TEX. CODE CRIM. PROC. ANN. art (West 2009). RESTITUTION TEX. CODE CRIM. PROC. ANN. art (West 2011). MANDATORY RESTITUTION FOR CHILD VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION TEX. CODE CRIM. PROC. ANN. art (West 2011). DEFINITIONS TEX. CODE CRIM. PROC. ANN. art (West 2009). FORFEITURE OF CONTRABAND UTAH HUMAN TRAFFICKING STATUTES: UTAH CODE ANN A- 302 (WEST 2005). RESTITUTION CRITERIA UTAH CODE ANN (WEST 2005). PROPERTY SUBJECT TO FORFEITURE VERMONT HUMAN TRAFFICKING STATUTES: VT. STAT. ANN. tit. 13, 2657 (WEST 2011). RESTITUTION VT. STAT. ANN. tit. 13, 7043 (WEST 2013). RESTITUTION VIRGINIA HUMAN TRAFFICKING STATUTES: VA. CODE ANN (WEST 2013). RESTITUTION FOR PROPERTY DAMAGE OR LOSS; COMMUNITY SERVICE VA. CODE ANN (WEST 1989). AMOUNT OF RESTITUTION; ENFORCEMENT VA. CODE ANN :2 (WEST 2004). FORFEITURE (IN CONNECTION WITH CRIMES BY GANGS) WASHINGTON HUMAN TRAFFICKING STATUTE: WASH. REV. CODE ANN. 9.94A.750 (WEST 2003). RESTITUTION WASH. REV. CODE ANN (WEST 2011). DEFINITIONS WASH. REV. CODE ANN (WEST 1995). REIMBURSEMENT- - RESTITUTION TO VICTIM- - NOTICE- - FEES- - ORDER TO WITHHOLD AND DELIVER- - LIMITATION WASH. REV. CODE ANN (WEST 1993). PROPERTY SUBJECT TO SEIZURE AND FORFEITURE WEST VIRGINIA HUMAN TRAFFICKING STATUTE: W. VA. CODE ANN A- 4 (WEST 2006). RESTITUTION; WHEN ORDERED W. VA. CODE ANN (WEST 2013). HUMAN TRAFFICKING; CRIMINAL PENALTIES WISCONSIN HUMAN TRAFFICKING STATUTE: WIS. STAT. ANN (WEST 2010). RESTITUTION WIS. STAT. ANN (WEST 2008). HUMAN TRAFFICKING WYOMING HUMAN TRAFFICKING STATUTES: WYO. STAT. ANN (WEST 2013). RESTITUTION RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 6 of 173

7 WYO. STAT. ANN (WEST 2011). DETERMINATION OF AMOUNT OWED; EXECUTION WYO. STAT. ANN (WEST 1991). DETERMINATION OF LONG- TERM RESTRICTION; TIME OF ORDER; ENFORCEMENT U.S. TERRITORIES AMERICAN SAMOA HUMAN TRAFFICKING STATUTES AM. SAMOA CODE ANN (2011). FINDINGS- PURPOSE AM. SAMOA CODE ANN (2011). ESTABLISHMENT OF RESTITUTION PROGRAMS AM. SAMOA CODE ANN (2011). INTERPRETATION OF CHAPTER GUAM HUMAN TRAFFICKING STATUTE: GUAM CODE ANN (2009). RESTITUTION GUAM CODE ANN (2009). ASSET FORFEITURE NORTHERN MARIANA ISLANDS HUMAN TRAFFICKING STATUTE: N. MAR. I. CODE 4109 (2013). RESTITUTION, COMPENSATION, OR FORFEITURE PUERTO RICO HUMAN TRAFFICKING STATUTES: P.R. LAWS ANN. tit. 33, 4689 (2005). RESTITUTION P.R. LAWS ANN. tit. 33, 4692 (2005). PROHIBITION ON FORFEITURE OF PROPERTY VIRGIN ISLANDS HUMAN TRAFFICKING STATUTES: V.I. CODE ANN. tit. 5, 3721 (2012). RESTITUTION TO VICTIMS V.I. CODE ANN. tit. 5, 4606 (2012). RESTITUTION OF VICTIMS V.I. CODE ANN. tit. 34, 203 (2012). RIGHTS OF VICTIMS AND WITNESSES FEDERAL LAW HUMAN TRAFFICKING STATUTES: U.S.C (2008). MANDATORY RESTITUTION U.S.C (2008). GENERAL PROVISIONS This resource was supported by Grant No TA- AX- K024 awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, and recommendations expressed in this document are those of the author(s) and do not necessarily reflect the views of OVW. RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 7 of 173

8 Introduction This resource summarizes the restitution and asset forfeiture laws related to human trafficking in the 50 states, the District of Columbia, U.S. Territories, and federal jurisdictions. An analysis of the laws was conducted, and summaries of the restitution and asset forfeiture laws are included below. The full text of these statutes is included, as well as the citation for the relevant human trafficking statute(s) for each jurisdiction. AEquitas is in the process of researching a compilation and analysis of human trafficking laws in the same jurisdictions. Please contact for more information. Restitution Summary Human trafficking statutes have been signed into law to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims. 1 The physical, emotional, and economical damages incurred by trafficking victims is unparalleled, and, as a result, legislatures have enacted statutes that attempt to counter the devastating effects of these crimes. Restitution has long been a tool used by the courts to compensate crime victims for damages and losses caused to person or property. 2 Some jurisdictions permit restitution under general laws, while others have drafted restitution statutes specific to trafficking victims. The categories included in these charts are those most frequently addressed by statute; they are not exhaustive of the remedies available to victims of human trafficking through restitution. Notably, the human trafficking restitution statutes in Delaware, Illinois, New Hampshire, Pennsylvania, and Rhode Island include a catch- all provision for restitution, in that they cover any other loss identified. DEL. CODE ANN. tit. 11, 787(c); 720 ILL. COMP. STAT. ANN. 5/10-9(g); N.H. REV. STAT. ANN. 633:11 (II)(e); 18 PA. CONS. STAT. ANN ( any other remedy deemed appropriate ); R.I. GEN.LAWS. ANN Thirty- three jurisdictions do not have a human trafficking specific restitution statute, but do have a general victim restitution statute. Alaska Arkansas California Colorado Connecticut District of Columbia Florida Georgia Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Montana Nebraska Nevada New York Ohio Oregon South Dakota Utah Virginia Washington West Virginia Wisconsin American Samoa Northern Mariana Islands Puerto Rico Virgin Islands 1 Trafficking Victims Protection Act, 22 U.S.C.A (2000). 2 See Lou Longhitano & Charlene Whitman, Assisting Human Trafficking Victims with Return of Property and Restitution, 21 STRATEGIES IN BRIEF (Feb. 2014). RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 8 of 173

9 State Twenty- five jurisdictions have human trafficking specific restitution statute(s). Each jurisdiction and the specific restitution costs covered are represented in the chart below. Medical Psychological Community Treatme Treatment Services 3 nt Gross Income/ Value of Services 4 Cost of Investigation, Prosecution, Attorney s Fees Return of Property or Full Value Relocation Expenses Alabama Arizona California Delaware Hawaii Idaho Illinois Indiana Iowa 5 Missouri New Hampshire New Jersey New Mexico North Carolina North Dakota Oklahoma 6 Pennsylvania Rhode Island South Carolina 7 Tennessee 8 Texas 9 Vermont 10 Wyoming Guam Federal 3 At the court s discretion, services may include necessary transportation, temporary housing, and childcare. 4 Many states dictate that gross income of the victim and the value of services will be calculated under the Fair Labor Standards Act (FLSA) or state equivalent, and the greater amount will be the amount ordered. (Fair Labor Standards Act. 29 U.S.C (1938).) 5 The value of the victim s labor or services will be determined in accordance with the gross income of the defendant or the value of labor or services performed by the victim to the defendant. 6 Oklahoma s human trafficking restitution statute directs awards in accordance with the general victim restitution statute, discussed below. 7 South Carolina mandates restitution in its human trafficking statute, but for guidance on what is covered, one must look to the general victim restitution statute, which covers payment for all injuries, specific losses, and expenses. 8 Tennessee s restitution statute is specific to labor trafficking. There is no similar sex trafficking restitution statute. 9 TEX. CODE CRIM. PROC. ANN. art applies to restitution for child trafficking victims. There is no specific restitution statute for instances of trafficking involving adults. 10 Covering uninsured medical expenses. RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 9 of 173

10 Asset Forfeiture Summary Asset forfeiture primarily appears in one of two forms civil or criminal. Civil asset forfeiture is not dependent on a conviction, and oftentimes can be pursued even where there is no criminal case pending. The standard of proof is lower in civil asset forfeiture as well, and, in a majority of states, requires proof by a preponderance of the evidence, with a few jurisdictions requiring proof by clear and convincing evidence. Criminal asset forfeiture, on the other hand, can only be obtained following a conviction, and is sought during sentencing or a separate forfeiture hearing and requires a showing that the property to be forfeited was part of the specific criminal offense. 11 Forfeited assets can be used to support the additional resources needed to provide a comprehensive response to the victims of human trafficking. The forfeited assets can include any property that constitutes the fruit of the criminal enterprise or that was used to further the enterprise. Further, the forfeiture is not limited to assets within the jurisdiction; some statutes enable the state to obtain overseas assets if certain conditions are satisfied. 12 This compilation focuses primarily on criminal asset forfeiture statutes, and specifically those that are applicable in human trafficking cases. Where relevant, civil statutes may be referenced. Sixteen jurisdictions have a human trafficking specific asset forfeiture statute. Alabama Mississippi California New Hampshire Connecticut North Carolina District of Columbia Pennsylvania Hawaii 13 Rhode Island Illinois 14 South Carolina Maryland Guam Massachusetts Federal Twenty jurisdictions have a general asset forfeiture statute that covers the commission of felonies that would include human trafficking. 15 Florida Nevada Georgia New Jersey Indiana New York Iowa Ohio Kansas 16 Oregon Louisiana 17 Tennessee Maine 18 Texas 20 Michigan Utah Minnesota 19 Washington Missouri American Samoa 11 Charlene Whitman, Hitting them where it hurts: Strategies for seizing assets in human trafficking cases, 20 STRATEGIES IN BRIEF 1 (Sept. 2013). 12 Supra note?; see, e.g., 18 PA. C.S Hawaii allows forfeiture in labor trafficking cases. 14 Illinois forfeiture statute applies to involuntary servitude. 15 Puerto Rico law prohibits orders of asset forfeiture except where expressly provided by law and there are no provisions within the human trafficking laws allowing forfeiture. 16 Kansas lists human trafficking as an offense for which forfeiture applies while listing felonies that forfeiture applies to. 17 Under Sex Offender laws, there is a provision for forfeiture of property that lists human trafficking as an offense for which forfeiture is allowed. 18 Maine s forfeiture statute declares assets used in or traceable to human trafficking offenses are subject to forfeiture. 19 Minnesota allows forfeiture of property for designated offenses, which includes labor and sex trafficking. 20 Texas allows for forfeiture of contraband, which is defined as any real property obtained during the commission of a felony. RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 10 of 173

11 Twenty- five jurisdictions have asset forfeiture statutes that are limited to the commission of certain types of offenses (controlled substance, RICO, organized crime, gambling). State Controlled Substance Racketeering or RICO Organized Crime Other Alaska Arizona 21 Arkansas California Colorado Connecticut Delaware Florida Georgia Idaho Kentucky Michigan Montana Nebraska New Mexico North Dakota Oklahoma South Dakota Vermont Virginia 22 West Virginia Wisconsin Wyoming Northern Mariana Islands Virgin Islands 21 Includes terrorism. 22 Includes gangs, money laundering, terrorism, computer crimes, weapons crimes, abduction of children. RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 11 of 173

12 Alabama Restitution for victims of human trafficking is mandatory in Alabama. ALA. CODE 13A (2010). Restitution must consist of the greater of either the salary the victim should have received based on minimum wage or the gross income or value of the services the victim provided, as well as any the amount of any property damage, the cost of victim relocation to avoid the perpetrator, and any other expenses caused by the trafficking. Id. At the court s discretion, it may include medical and psychological treatment, temporary housing, transportation, and childcare. Id. Repatriation of the victim outside of the United States does not affect the victim s right to restitution, and the proceeds from a related forfeiture action go towards restitution. Id. Alabama also has a human trafficking specific civil asset forfeiture statue, copied below. HUMAN TRAFFICKING STATUTES: Ala. Code 13A (2010). Human trafficking in the first degree Ala. Code 13A (2010). Human trafficking in the second degree ALA. CODE 13A (2010). MANDATORY RESTITUTION (a) A person or entity convicted of any violation of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial, or law enforcement entity, with the proceeds from property forfeited under Section 13A applied first to payment of restitution. Restitution under this section shall include items covered under Article 4A, commencing with Section of Chapter 18 of Title 15, and any of the following: (1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion. (2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion. (3) Cost of the investigation and prosecution, attorney's fees, and other court- related costs such as victim advocate fees. (4) The greater of a. the value of the human trafficking victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act; or b. the gross income or value to the defendant of the victim's labor servitude or sexual servitude engaged in by the victim while in the human trafficking situation. (5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair. (6) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well- being of the victim. (7) Any and all other losses suffered by the victim as a result of any violation of this article. (b) For purposes of this section, the return of the victim to his or her home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution. ALA. CODE 13A (2010). FORFEITURE OF PROFITS OR PROCEEDS AND INTEREST IN PROPERTY A person who commits the offense of human trafficking in the first degree or human trafficking in the second degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property that he or she has RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 12 of 173

13 acquired or maintained that the sentencing court determines to have been acquired or maintained as a result of committing human trafficking in the first degree or human trafficking in the second degree. Any assets seized shall first be used to pay restitution to trafficking victims and subsequently to pay any damages awarded to victims in a civil action. Any remaining assets shall go toward the cost of the investigation and prosecution and the remaining assets shall be remitted to funding the Alabama Crime Victims Compensation Fund. Alaska There is no specific human trafficking restitution provision in Alaska. There is, however, a general restitution statute, copied below, that provides for the court to order the defendant to pay the cost of medical or shelter services for the person injured by the offense as well as the value of labor or goods provided by volunteers to alleviate or mitigate the effects of the crime. ALASKA STAT. ANN (WEST 2006). There is no civil asset forfeiture statute as it pertains to human trafficking offenses and the only asset forfeiture statute in place in Alaska, pertains to drug/controlled substance crimes. For violations of controlled substance laws, assets may be seized and forfeited, under the provision for forfeiture by criminal activity in the Alaska Code. HUMAN TRAFFICKING STATUTES: Alaska Stat. Ann (West 2006). Human trafficking in the first degree Alaska Stat. Ann (West 2006). Human trafficking in the second degree ALASKA STAT. ANN (WEST 2006). RESTITUTION AND COMPENSATION (a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim or other person injured by the offense, to a public, private, or private nonprofit organization that has provided or is or will be providing counseling, medical, or shelter services to the victim or other person injured by the offense, or as otherwise authorized by law. The court shall, when presented with credible evidence, unless the victim expressly declines restitution, also order a defendant convicted of an offense to compensate a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime. In determining the amount and method of payment of restitution or compensation, the court shall take into account the (1) public policy that favors requiring criminals to compensate for damages and injury to their victims; and (2) financial burden placed on the victim and those who provide services to the victim and other persons injured by the offense as a result of the criminal conduct of the defendant. (b) An order of restitution under this section does not limit any civil liability of the defendant arising from the defendant's conduct. (c) If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section. (d) In any case, including a case in which the defendant is convicted of a violation of AS and the property is commercial fishing gear as defined in AS , the court shall consider the victim's loss, and the order of restitution may include compensation for loss of income. (e), (f) Repealed by SLA 2004, ch. 17, 7. RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 13 of 173

14 (g) The court may not, in ordering the amount of restitution, consider the defendant's ability to pay restitution. (h) In imposing restitution under this section, the court may require the defendant to make restitution by means other than the payment of money. (i) An order of restitution made under this section is a condition of the defendant's sentence and, in cases in which the court suspends all or a portion of the defendant's sentence, the order of restitution is a condition of the suspended sentence. If the court suspends imposition of sentence under AS , the order of restitution is a condition of the suspended imposition of sentence. (j) A defendant who is convicted of an offense for which restitution may be ordered shall submit financial information as ordered by the court. The Alaska Court System shall prepare a form, in consultation with the Department of Law, for the submission of the information; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS A defendant who is convicted of (1) a felony shall submit the form to the probation office within 30 days after conviction, and the probation officer shall attach the form to the presentence report, or (2) a misdemeanor shall file the form with the defendant's response or opposition to the restitution amount. The defendant shall provide a copy of the completed form to the prosecuting authority. (k) The court, on its own motion or at the request of the prosecuting authority or probation officer, may order a defendant on probation who has been ordered to pay restitution to submit financial information to the court using the form specified in (j) of this section. The defendant shall file the completed form with the court within five days after the court's order. The defendant shall provide a copy of the completed form to the prosecuting authority and the person's probation officer, if any. (l) An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution when the court suspends imposition of sentence under AS is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when a conviction is set aside under AS The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim's behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to enforce orders of restitution. (m) Notwithstanding another provision of law, the court shall accept (1) payments of restitution from a defendant at any time, and (2) prepayments of restitution or payments in anticipation of an order of restitution. If the recipient has elected to have the Department of Law collect the judgment of restitution under AS (g), the court shall forward all payments of restitution to the Department of Law within five days after the court's acceptance. (n) In this section, conviction means that the defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury. Arizona Arizona does have a human trafficking specific restitution provision. Restitution is mandatory and consists of the greater of either the victim s salary at minimum wage and Fair Labor Standards Act over time, or the value of the victim s services to the perpetrator. All property can be forfeited in the event that the statute provides for forfeiture. ARIZ. REV. STAT. ANN (1994). The human trafficking statutes do not specifically provide for RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 14 of 173

15 forfeiture, but the Organized Crime, Racketeering and Terrorism statutes do. ARIZ. REV. STAT. ANN (1994). 23 HUMAN TRAFFICKING STATUTES: Ariz. Rev. Stat. Ann (2005). Unlawfully obtaining labor or services; Classification. Ariz. Rev. Stat. Ann (2005). Sex trafficking; classification; definition. Ariz. Rev. Stat. Ann (2005). Trafficking of persons for forced labor or services; classification; definition. ARIZ. REV. STATE. ANN (2005). RESTITUTION The court shall order restitution for any violation of , or , including the greater of either the gross income or value to the defendant of the victim's labor or services or the value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the fair labor standards act of 1938 (52 Stat. 1060; 29 United States Code 201 through 219). Arkansas There is no specific human trafficking restitution provision. However, there is a general restitution statute that is copied below. When restitution is ordered, it shall include: the cost of necessary medical or related professional service, the cost of necessary physical and occupational therapy and rehabilitation, and reimbursement for the victim s income lost as a result of the offense. ARK. CODE ANN (WEST 2014). Effective August 16, 2013, Arkansas passed , a criminal statute which calls for the forfeiture of any conveyance, including an aircraft, motor vehicle, or vessel used in the commission of the trafficking of persons. ARK. CODE ANN (West 2013). All relevant statutes are copied below. HUMAN TRAFFICKING STATUTES: Ark. Code Ann (West 2013). Definitions Ark. Code. Ann (West 2013). Trafficking of persons Ark. Code. Ann (West 2013). Patronizing a victims of human trafficking Ark. Code. Ann (West 2013). Enhanced liability of an organization Ark. Code. Ann (West 2013). State Task Force for the Prevention of Human Trafficking ARK. CODE ANN (WEST 2014). RESTITUTION (a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution. (2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss. (b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense. (2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant: (A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, 23 Ruled unconstitutional on other grounds by Pompa v. Superior Court In and For the Cnty. of Maricopa, 931 P.2d 431 (Ariz. Ct. App. 1997). RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 15 of 173

16 and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing; (B) Pay the cost of necessary physical and occupational therapy and rehabilitation; (C)(i) Reimburse the victim for income lost by the victim as a result of the offense. (ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and (D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim. (3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense. (4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial. (B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney. (5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant. (c)(1) As used in this section and in any provision of law relating to restitution, victim means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode. (2) Victim includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense. (d) A record of a defendant shall not be sealed under the Comprehensive Criminal Record Sealing Act of 2013, et seq. until all court- ordered restitution has been paid. (e)(1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be: (A) Given a specified time to pay; or (B)(i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(b)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection. (iv) A district court may order installment payments of restitution to be collected first in lieu of the procedure under (5)(F). (2) In determining the method of payment, the court shall take into account: RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 16 of 173

17 (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment. (f)(1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, or transfer. (2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. (3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay. (g)(1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section. (2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action. (3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment. (4) The court shall determine priority among multiple beneficiaries on the basis of: (A) The seriousness of the harm each beneficiary suffered; (B) The other resources of the beneficiaries; and (C) Other equitable factors. (5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise. (6)(A) A judgment shall require payment to the Department of Community Correction. (B) The department shall provide for supervision and disbursement of funds under subdivision (g)(6)(a) of this section by the department's authorized economic sanction officers. (h)(1) A judgment under this section does not bar a remedy available in a civil action under other law. (2) A payment under this section shall be credited against a money judgment obtained by the beneficiary of the payment in a civil action. (3) A determination under this section and the fact that payment was or was not ordered or made: RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 17 of 173

18 (A) Are not admissible in evidence in a civil action; and (B) Do not affect the merits of a civil action. ARK. CODE ANN (WEST 2013). FORFEITURE, CRIMINAL CONVEYANCES (a) Upon conviction, any conveyance, including an aircraft, motor vehicle, or vessel is subject to forfeiture under this subchapter if it is used in the commission or attempt of: (1) A burglary; (2) A robbery; (3) A theft; (4) An arson; or (5) Trafficking of persons, (b) However: (1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the offense; (2) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the conveyance with the owner s permission; and (3) A forfeiture of a conveyance encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the conveyance in the commission or attempt to commit the offense. (c)(1) An all- terrain vehicle used in the commission of a second or subsequent offense for criminal trespass, , that occurs within five (5) years of a prior offense of criminal trespass, , is subject to seizure and forfeiture under this subchapter. (2) As used in this subsection, all- terrain vehicle means the same as defined in California Until January 1, 2013, there was no specific human trafficking restitution provision. Effective January 1, 2013, California passed Cal. Penal Code mandating that restitution be paid in human trafficking cases, in accordance with the general restitution statute. Restitution shall include every determined economic loss incurred as the result of the defendant s criminal conduct. CAL. PENAL CODE (WEST 2012). California also passed an asset forfeiture law specifically for human trafficking. CAL. PENAL CODE (WEST 2013). The relevant statutes are copied below. RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 18 of 173

19 HUMAN TRAFFICKING STATUTE: Cal. Penal Code (West 2012). Human Trafficking; Punishment; Provisions Regarding Minors; Definitions; Consideration of Total Circumstances CAL. PENAL CODE (WEST 2012). RESTITUTION FINES; EXCEPTION; AMOUNTS; HEARING; DISCLOSURE; EXTENSION (a)(1) It is the intent of the Legislature that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime. (2) Upon a person being convicted of any crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section (3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following: (A) A restitution fine in accordance with subdivision (b). (B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment. (b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. (1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than two hundred forty dollars ($240) starting on January 1, 2012, two hundred eighty dollars ($280) starting on January 1, 2013, and three hundred dollars ($300) starting on January 1, 2014, and not more than ten thousand dollars ($10,000), if the person is convicted of a felony, and shall not be less than one hundred twenty dollars ($120) starting on January 1, 2012, one hundred forty dollars ($140) starting on January 1, 2013, and one hundred fifty dollars ($150) starting on January 1, 2014, and not more than one thousand dollars ($1,000), if the person is convicted of a misdemeanor. (2) In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted. (c) The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to Section of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption. (d) In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendant's inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered any losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant's inability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating his or her inability to pay. Express findings by the court as to RESTITUTION AND ASSET FORFEITURE: A FOCUS ON HUMAN TRAFFICKING Page 19 of 173

Elder Financial Abuse and State Mandatory Reporting Laws for Financial Institutions Prepared by CUNA s State Government Affairs

Elder Financial Abuse and State Mandatory Reporting Laws for Financial Institutions Prepared by CUNA s State Government Affairs Elder Financial Abuse and State Mandatory Reporting Laws for Financial Institutions Prepared by CUNA s State Government Affairs Overview Financial crimes and exploitation can involve the illegal or improper

More information

Name Change Laws. Current as of February 23, 2017

Name Change Laws. Current as of February 23, 2017 Name Change Laws Current as of February 23, 2017 MAP relies on the research conducted by the National Center for Transgender Equality for this map and the statutes found below. Alabama An applicant must

More information

Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance UPDATED MARCH 30, 2015

Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance UPDATED MARCH 30, 2015 Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance UPDATED MARCH 30, 2015 State Statute Year Statute Alabama* Ala. Information Technology Policy 685-00 (Applicable to certain Executive

More information

Survey of State Civil Shoplifting Statutes

Survey of State Civil Shoplifting Statutes University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln College of Law, Faculty Publications Law, College of 2015 Survey of State Civil Shoplifting Statutes Ryan Sullivan University

More information

National State Law Survey: Expungement and Vacatur Laws 1

National State Law Survey: Expungement and Vacatur Laws 1 1 State 1 Is expungement or sealing permitted for juvenile records? 2 Does state law contain a vacatur provision that could apply to victims of human trafficking? Does the vacatur provision apply to juvenile

More information

EXCEPTIONS: WHAT IS ADMISSIBLE?

EXCEPTIONS: WHAT IS ADMISSIBLE? Alabama ALA. CODE 12-21- 203 any relating to the past sexual behavior of the complaining witness CIRCUMSTANCE F when it is found that past sexual behavior directly involved the participation of the accused

More information

Section 4. Table of State Court Authorities Governing Judicial Adjuncts and Comparison Between State Rules and Fed. R. Civ. P. 53

Section 4. Table of State Court Authorities Governing Judicial Adjuncts and Comparison Between State Rules and Fed. R. Civ. P. 53 Section 4. Table of State Court Authorities Governing Judicial Adjuncts and Comparison Between State Rules and Fed. R. Civ. P. 53 This chart originally appeared in Lynn Jokela & David F. Herr, Special

More information

Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance

Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance Laws Governing Security and Privacy U.S. Jurisdictions at a Glance State Statute Year Statute Adopted or Significantly Revised Alabama* ALA. INFORMATION TECHNOLOGY POLICY 685-00 (applicable to certain

More information

Statutes of Limitations for the 50 States (and the District of Columbia)

Statutes of Limitations for the 50 States (and the District of Columbia) s of Limitations in All 50 s Nolo.com Page 6 of 14 Updated September 18, 2015 The chart below contains common statutes of limitations for all 50 states, expressed in years. We provide this chart as a rough

More information

ANIMAL CRUELTY STATE LAW SUMMARY CHART: Court-Ordered Programs for Animal Cruelty Offenses

ANIMAL CRUELTY STATE LAW SUMMARY CHART: Court-Ordered Programs for Animal Cruelty Offenses The chart below is a summary of the relevant portions of state animal cruelty laws that provide for court-ordered evaluation, counseling, treatment, prevention, and/or educational programs. The full text

More information

CA CALIFORNIA. Ala. Code 10-2B (2009) [Transferred, effective January 1, 2011, to 10A ] No monetary penalties listed.

CA CALIFORNIA. Ala. Code 10-2B (2009) [Transferred, effective January 1, 2011, to 10A ] No monetary penalties listed. AL ALABAMA Ala. Code 10-2B-15.02 (2009) [Transferred, effective January 1, 2011, to 10A-2-15.02.] No monetary penalties listed. May invalidate in-state contracts made by unqualified foreign corporations.

More information

Accountability-Sanctions

Accountability-Sanctions Accountability-Sanctions Education Commission of the States 700 Broadway, Suite 801 Denver, CO 80203-3460 303.299.3600 Fax: 303.296.8332 www.ecs.org Student Accountability Initiatives By Michael Colasanti

More information

National State Law Survey: Mistake of Age Defense 1

National State Law Survey: Mistake of Age Defense 1 1 State 1 Is there a buyerapplicable trafficking or CSEC law? 2 Does a buyerapplicable trafficking or CSEC law expressly prohibit a mistake of age defense in prosecutions for buying a commercial sex act

More information

Survey of State Laws on Credit Unions Incidental Powers

Survey of State Laws on Credit Unions Incidental Powers Survey of State Laws on Credit Unions Incidental Powers Alabama Ala. Code 5-17-4(10) To exercise incidental powers as necessary to enable it to carry on effectively the purposes for which it is incorporated

More information

STATUTES OF REPOSE. Presented by 2-10 Home Buyers Warranty on behalf of the National Association of Home Builders.

STATUTES OF REPOSE. Presented by 2-10 Home Buyers Warranty on behalf of the National Association of Home Builders. STATUTES OF Know your obligation as a builder. Educating yourself on your state s statutes of repose can help protect your business in the event of a defect. Presented by 2-10 Home Buyers Warranty on behalf

More information

WORLD TRADE ORGANIZATION

WORLD TRADE ORGANIZATION Page D-1 ANNEX D REQUEST FOR THE ESTABLISHMENT OF A PANEL BY ANTIGUA AND BARBUDA WORLD TRADE ORGANIZATION WT/DS285/2 13 June 2003 (03-3174) Original: English UNITED STATES MEASURES AFFECTING THE CROSS-BORDER

More information

States Permitting Or Prohibiting Mutual July respondent in the same action.

States Permitting Or Prohibiting Mutual July respondent in the same action. Alabama No Code of Ala. 30-5-5 (c)(1) A court may issue mutual protection orders only if a separate petition has been filed by each party. Alaska No Alaska Stat. 18.66.130(b) A court may not grant protective

More information

APPENDIX D STATE PERPETUITIES STATUTES

APPENDIX D STATE PERPETUITIES STATUTES APPENDIX D STATE PERPETUITIES STATUTES 218 STATE PERPETUITIES STATUTES State Citation PERMITS PERPETUAL TRUSTS Alaska Alaska Stat. 34.27.051, 34.27.100 Delaware 25 Del. C. 503 District of Columbia D.C.

More information

APPENDIX C STATE UNIFORM TRUST CODE STATUTES

APPENDIX C STATE UNIFORM TRUST CODE STATUTES APPENDIX C STATE UNIFORM TRUST CODE STATUTES 122 STATE STATE UNIFORM TRUST CODE STATUTES CITATION Alabama Ala. Code 19-3B-101 19-3B-1305 Arkansas Ark. Code Ann. 28-73-101 28-73-1106 District of Columbia

More information

State Statutory Provisions Addressing Mutual Protection Orders

State Statutory Provisions Addressing Mutual Protection Orders State Statutory Provisions Addressing Mutual Protection Orders Revised 2014 National Center on Protection Orders and Full Faith & Credit 1901 North Fort Myer Drive, Suite 1011 Arlington, Virginia 22209

More information

States Adopt Emancipation Day Deadline for Individual Returns; Some Opt Against Allowing Delay for Corporate Returns in 2012

States Adopt Emancipation Day Deadline for Individual Returns; Some Opt Against Allowing Delay for Corporate Returns in 2012 Source: Weekly State Tax Report: News Archive > 2012 > 03/16/2012 > Perspective > States Adopt Deadline for Individual Returns; Some Opt Against Allowing Delay for Corporate Returns in 2012 2012 TM-WSTR

More information

State Prescription Monitoring Program Statutes and Regulations List

State Prescription Monitoring Program Statutes and Regulations List State Prescription Monitoring Program Statutes and Regulations List 1 Research Current through May 2016. This project was supported by Grant No. G1599ONDCP03A, awarded by the Office of National Drug Control

More information

H.R and the Protection of State Conscience Rights for Pro-Life Healthcare Workers. November 4, 2009 * * * * *

H.R and the Protection of State Conscience Rights for Pro-Life Healthcare Workers. November 4, 2009 * * * * * H.R. 3962 and the Protection of State Conscience Rights for Pro-Life Healthcare Workers November 4, 2009 * * * * * Upon a careful review of H.R. 3962, there is a concern that the bill does not adequately

More information

Governance State Boards/Chiefs/Agencies

Governance State Boards/Chiefs/Agencies Governance State Boards/Chiefs/Agencies Education Commission of the States 700 Broadway, Suite 1200 Denver, CO 80203-3460 303.299.3600 Fax: 303.296.8332 www.ecs.org Qualifications for Chief State School

More information

Effect of Nonpayment

Effect of Nonpayment Alabama Ala. Code 15-22-36.1 D may apply to the board of pardons and paroles for a Certificate of Eligibility to Register to Vote upon satisfaction of several requirements, including that D has paid victim

More information

Teacher Tenure: Teacher Due Process Rights to Continued Employment

Teacher Tenure: Teacher Due Process Rights to Continued Employment Alabama legislated Three school Incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, justifiable decrease in the number of teaching positions,

More information

State P3 Legislation Matrix 1

State P3 Legislation Matrix 1 State P3 Legislation Matrix 1 Alabama Alaska Arizona Arkansas 2 Article 2: State Department of Ala. Code 23-1-40 Article 3: Public Roads, Bridges, and Ferries Ala. Code 23-1-80 to 23-1-95 Toll Road, Bridge

More information

The Victim Rights Law Center thanks Catherine Cambridge for her research assistance.

The Victim Rights Law Center thanks Catherine Cambridge for her research assistance. The Victim Rights Law Center thanks Catherine Cambridge for her research assistance. Privilege and Communication Between Professionals Summary of Research Findings Question Addressed: Which jurisdictions

More information

State By State Survey:

State By State Survey: Connecticut California Florida By Survey: Statutes of Limitations and Repose for Construction - Related Claims The Right Choice for Policyholders www.sdvlaw.com Statutes of Limitations and Repose 2 Statutes

More information

REPORTS AND REFERRALS TO LAW ENFORCEMENT: PROVISIONS AND CITATIONS IN ADULT PROTECTIVE SERVICES LAWS, BY STATE

REPORTS AND REFERRALS TO LAW ENFORCEMENT: PROVISIONS AND CITATIONS IN ADULT PROTECTIVE SERVICES LAWS, BY STATE REPORTS AND REFERRALS TO LAW ENFORCEMENT: PROVISIONS AND CITATIONS IN ADULT PROTECTIVE SERVICES LAWS, BY STATE (Laws current as of 12/31/06) Prepared by Lori Stiegel and Ellen Klem of the American Bar

More information

If it hasn t happened already, at some point

If it hasn t happened already, at some point An Introduction to Obtaining Out-of-State Discovery in State and Federal Court Litigation by Brenda M. Johnson If it hasn t happened already, at some point in your practice you will be faced with the prospect

More information

Page 1 of 5. Appendix A.

Page 1 of 5. Appendix A. STATE Alabama Alaska Arizona Arkansas California Colorado Connecticut District of Columbia Delaware CONSUMER PROTECTION ACTS and PERSONAL INFORMATION PROTECTION ACTS Alabama Deceptive Trade Practices Act,

More information

Employee must be. provide reasonable notice (Ala. Code 1975, ).

Employee must be. provide reasonable notice (Ala. Code 1975, ). State Amount of Leave Required Notice by Employee Compensation Exclusions and Other Provisions Alabama Time necessary to vote, not exceeding one hour. Employer hours. (Ala. Code 1975, 17-1-5.) provide

More information

State-by-State Lien Matrix

State-by-State Lien Matrix Alabama Yes Upon notification by the court of the security transfer, lien claimant has ten days to challenge the sufficiency of the bond amount or the surety. The court s determination is final. 1 Lien

More information

Time Off To Vote State-by-State

Time Off To Vote State-by-State Time Off To Vote State-by-State Page Applicable Laws and Regulations 1 Time Allowed 7 Must Employee Be Paid? 11 Must Employee Apply? 13 May Employer Specify Hours? 16 Prohibited Acts 18 Penalties 27 State

More information

Authorizing Automated Vehicle Platooning

Authorizing Automated Vehicle Platooning Authorizing Automated Vehicle Platooning A Guide for State Legislators By Marc Scribner July 2016 ISSUE ANALYSIS 2016 NO. 5 Authorizing Automated Vehicle Platooning A Guide for State Legislators By Marc

More information

THE 2010 AMENDMENTS TO UCC ARTICLE 9

THE 2010 AMENDMENTS TO UCC ARTICLE 9 THE 2010 AMENDMENTS TO UCC ARTICLE 9 STATE ENACTMENT VARIATIONS INCLUDES ALL STATE ENACTMENTS Prepared by Paul Hodnefield Associate General Counsel Corporation Service Company 2015 Corporation Service

More information

State Data Breach Laws

State Data Breach Laws State Data Breach Laws 1 Alaska Personal information means a combination of (A) an individual s name;... and (B) one or more of the following information elements: (i) the individual s social security

More information

State Statutory Authority for Restoration of Rights in Termination of Adult Guardianship

State Statutory Authority for Restoration of Rights in Termination of Adult Guardianship State Statutory Authority for Restoration of Rights in Termination of Adult Guardianship Guardianships 1 are designed to protect the interest of incapacitated adults. Guardianship is the only proceeding

More information

National State Law Survey: Statute of Limitations 1

National State Law Survey: Statute of Limitations 1 National State Law Survey: Limitations 1 Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware DC Florida Georgia Hawaii limitations Trafficking and CSEC within 3 limit for sex trafficking,

More information

State-by-State Chart of HIV-Specific Laws and Prosecutorial Tools

State-by-State Chart of HIV-Specific Laws and Prosecutorial Tools State-by-State Chart of -Specific s and Prosecutorial Tools 34 States, 2 Territories, and the Federal Government have -Specific Criminal s Last updated August 2017 -Specific Criminal? Each state or territory,

More information

MEMORANDUM SUMMARY NATIONAL OVERVIEW. Research Methodology:

MEMORANDUM SUMMARY NATIONAL OVERVIEW. Research Methodology: MEMORANDUM Prepared for: Sen. Taylor Date: January 26, 2018 By: Whitney Perez Re: Strangulation offenses LPRO: LEGISLATIVE POLICY AND RESEARCH OFFICE You asked for information on offense levels for strangulation

More information

NDAA COMFORT ITEMS COMPILATION (Last updated July 2010)

NDAA COMFORT ITEMS COMPILATION (Last updated July 2010) NDAA COMFORT ITEMS COMPILATION (Last updated July 2010) This compilation contains legislation, session laws, and codified statues. All statutes, laws, and bills listed in this compilation have been signed

More information

According to the Bureau of Justice Statistics, guilty pleas in 1996 accounted for 91

According to the Bureau of Justice Statistics, guilty pleas in 1996 accounted for 91 U.S. Department of Justice Office of Justice Programs Office for Victims of Crime NOVEMBER 2002 Victim Input Into Plea Agreements LEGAL SERIES #7 BULLETIN Message From the Director Over the past three

More information

State Law Guide UNEMPLOYMENT INSURANCE BENEFITS FOR DOMESTIC & SEXUAL VIOLENCE SURVIVORS

State Law Guide UNEMPLOYMENT INSURANCE BENEFITS FOR DOMESTIC & SEXUAL VIOLENCE SURVIVORS State Law Guide UNEMPLOYMENT INSURANCE BENEFITS FOR DOMESTIC & SEXUAL VIOLENCE SURVIVORS Some victims of domestic violence, sexual assault, or stalking need to leave their jobs because of the violence

More information

Speedy Trial Statutes in Cases Involving Child Victims and Witnesses Updated May 2011

Speedy Trial Statutes in Cases Involving Child Victims and Witnesses Updated May 2011 Speedy Trial Statutes in Cases Involving Child Victims and Witnesses Updated May 2011 This compilation contains legislation, session laws, and codified statues. All statutes, laws, and bills listed in

More information

Applications for Post Conviction Testing

Applications for Post Conviction Testing DNA analysis has proved to be a powerful tool to exonerate individuals wrongfully convicted of crimes. One way states use this ability is through laws enabling post conviction DNA testing. These measures

More information

STATE STANDARDS FOR EMERGENCY EVALUATION

STATE STANDARDS FOR EMERGENCY EVALUATION STATE STANDARDS FOR EMERGENCY EVALUATION UPDATED: JULY 2018 200 NORTH GLEBE ROAD, SUITE 801 ARLINGTON, VIRGINIA 22203 (703) 294-6001 TreatmentAdvocacyCenter.org Alabama ALA. CODE 22-52-91(a). When a law

More information

Immigrant Policy Project. Overview of State Legislation Related to Immigrants and Immigration January - March 2008

Immigrant Policy Project. Overview of State Legislation Related to Immigrants and Immigration January - March 2008 Immigrant Policy Project April 24, 2008 Overview of State Legislation Related to Immigrants and Immigration January - March 2008 States are still tackling immigration related issues in a variety of policy

More information

If you have questions, please or call

If you have questions, please  or call SCCE's 17th Annual Compliance & Ethics Institute: CLE Approvals By State The SCCE submitted sessions deemed eligible for general CLE credits and legal ethics CLE credits to most states with CLE requirements

More information

You are working on the discovery plan for

You are working on the discovery plan for A Look at the Law Obtaining Out-of-State Evidence for State Court Civil Litigation: Where to Start? You are working on the discovery plan for your case, brainstorming the evidence that you need to prosecute

More information

Are Courts Required to Impose the Least Restrictive Conditions of Bail? Are Courts Required to Consider Community Safety When Imposing Bail?

Are Courts Required to Impose the Least Restrictive Conditions of Bail? Are Courts Required to Consider Community Safety When Imposing Bail? Alabama Title 15 Chapter 13 Alaska Title 12, Chapter 30 Arizona Title 13, Chapter 38, Article 12; Rules of Crim Pro. 7 Arkansas Title 16 Chapter 84 Rules of Criminal Procedure 8, 9 California Part 2 Penal

More information

ALLOCATIONS OF PEREMPTORIES (ASSYMETRICAL ARRANGEMENTS IN PURPLE)

ALLOCATIONS OF PEREMPTORIES (ASSYMETRICAL ARRANGEMENTS IN PURPLE) ALLOCATIONS OF PEREMPTORIES (ASSYMETRICAL ARRANGEMENTS IN PURPLE) Federal FED. R. CRIM. P. 24(b) In non-capital felonies, the government is allotted six, compared to the defense's ten peremptory ; in capital

More information

Electronic Notarization

Electronic Notarization Electronic Notarization Legal Disclaimer: Although a good faith attempt has been made to make this table as complete as possible, it is still subject to human error and constantly changing laws. It should

More information

UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933

UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933 Item 1. Issuer s Identity UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933 Name of Issuer Previous Name(s) None Entity Type

More information

Horse Soring Legislation

Horse Soring Legislation Notre Dame Law School NDLScholarship New Dimensions in Legislation Law School Journals 6-1-1972 Horse Soring Legislation John R. Kowalczyk Follow this and additional works at: http://scholarship.law.nd.edu/new_dimensions_legislation

More information

2010 State Animal Protection Laws Rankings

2010 State Animal Protection Laws Rankings 2010 State Animal Protection Laws Rankings ALDF 2010 State Animal Protection Laws Rankings The Best & Worst Places to Be an Animal Abuser December 2010 The Animal Legal Defense Fund (ALDF) announces the

More information

INSTITUTE of PUBLIC POLICY

INSTITUTE of PUBLIC POLICY INSTITUTE of PUBLIC POLICY Harry S Truman School of Public Affairs University of Missouri ANALYSIS OF STATE REVENUES AND EXPENDITURES Andrew Wesemann and Brian Dabson Summary This report analyzes state

More information

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws STATE STATUTES SERIES Penalties for Failure to Report and of Child Abuse and Neglect: Summary of State Laws Current Through June 2007 Many cases of child abuse and neglect are not reported, even when suspected

More information

THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 MONTHS PRIOR TO THE DEADLINE

THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 MONTHS PRIOR TO THE DEADLINE THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 MONTHS PRIOR TO THE DEADLINE STATE RENEWAL Additional information ALABAMA Judgment good for 20 years if renewed ALASKA ARIZONA (foreign judgment 4 years)

More information

Rhoads Online State Appointment Rules Handy Guide

Rhoads Online State Appointment Rules Handy Guide Rhoads Online Appointment Rules Handy Guide ALABAMA Yes (15) DOI date approved 27-7-30 ALASKA Appointments not filed with DOI. Record producer appointment in SIC register within 30 days of effective date.

More information

2008 Changes to the Constitution of International Union UNITED STEELWORKERS

2008 Changes to the Constitution of International Union UNITED STEELWORKERS 2008 Changes to the Constitution of International Union UNITED STEELWORKERS MANUAL ADOPTED AT LAS VEGAS, NEVADA July 2008 Affix to inside front cover of your 2005 Constitution CONSTITUTIONAL CHANGES Constitution

More information

STATE PRESCRIPTION MONITORING STATUTES AND REGULATIONS LIST

STATE PRESCRIPTION MONITORING STATUTES AND REGULATIONS LIST STATE PRESCRIPTION MONITORING STATUTES AND REGULATIONS LIST Research Current through June 2014. This project was supported by Grant No. G1399ONDCP03A, awarded by the Office of National Drug Control Policy.

More information

Case 3:15-md CRB Document 4700 Filed 01/29/18 Page 1 of 5

Case 3:15-md CRB Document 4700 Filed 01/29/18 Page 1 of 5 Case 3:15-md-02672-CRB Document 4700 Filed 01/29/18 Page 1 of 5 Michele D. Ross Reed Smith LLP 1301 K Street NW Suite 1000 East Tower Washington, D.C. 20005 Telephone: 202 414-9297 Fax: 202 414-9299 Email:

More information

DEFINED TIMEFRAMES FOR RATE CASES (i.e., suspension period)

DEFINED TIMEFRAMES FOR RATE CASES (i.e., suspension period) STATE Alabama Alaska Arizona Arkansas California Colorado DEFINED TIMEFRAMES FOR RATE CASES (i.e., suspension period) 6 months. Ala. Code 37-1-81. Using the simplified Operating Margin Method, however,

More information

Appendix 6 Right of Publicity

Appendix 6 Right of Publicity Last Updated: July 2016 Appendix 6 Right of Publicity Common-Law State Statute Rights Survives Death Alabama Yes Yes 55 Years After Death (only applies to soldiers and survives soldier s death) Alaska

More information

Right to Try: It s More Complicated Than You Think

Right to Try: It s More Complicated Than You Think Vol. 14, No. 8, August 2018 Happy Trials to You Right to Try: It s More Complicated Than You Think By David Vulcano A dying patient who desperately wants to try an experimental medication cares about speed,

More information

State Protection Order Durations Matrix Revised 2015

State Protection Order Durations Matrix Revised 2015 State Protection Order Durations Matrix Revised 2015 National Center on Protection Orders and Full Faith & Credit 1901 North Fort Myer Drive, Suite 1011 Arlington, Virginia 22209 Toll Free: (800) 903-0111,

More information

Exhibit A. Anti-Advance Waiver Of Lien Rights Statutes in the 50 States and DC

Exhibit A. Anti-Advance Waiver Of Lien Rights Statutes in the 50 States and DC Exhibit A Anti-Advance Waiver Of Lien Rights Statutes in the 50 States and DC STATE ANTI- ADVANCE WAIVER OF LIEN? STATUTE(S) ALABAMA ALASKA Yes (a) Except as provided under (b) of this section, a written

More information

Many crime victims are awarded restitution at the sentencing of an offender but

Many crime victims are awarded restitution at the sentencing of an offender but U.S. Department of Justice Office of Justice Programs Office for Victims of Crime NOVEMBER 2002 Restitution: Making It Work LEGAL SERIES #5 BULLETIN Message From the Director Over the past three decades,

More information

FEDERAL ELECTION COMMISSION [NOTICE ] Price Index Adjustments for Contribution and Expenditure Limitations and

FEDERAL ELECTION COMMISSION [NOTICE ] Price Index Adjustments for Contribution and Expenditure Limitations and This document is scheduled to be published in the Federal Register on 02/03/2015 and available online at http://federalregister.gov/a/2015-01963, and on FDsys.gov 6715-01-U FEDERAL ELECTION COMMISSION

More information

U.S. Sentencing Commission 2014 Drug Guidelines Amendment Retroactivity Data Report

U.S. Sentencing Commission 2014 Drug Guidelines Amendment Retroactivity Data Report U.S. Sentencing Commission 2014 Drug Guidelines Amendment Retroactivity Data Report October 2017 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress,

More information

Security Breach Notification Chart

Security Breach Notification Chart Security Breach Notification Chart Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes

More information

PERMISSIBILITY OF ELECTRONIC VOTING IN THE UNITED STATES. Member Electronic Vote/ . Alabama No No Yes No. Alaska No No No No

PERMISSIBILITY OF ELECTRONIC VOTING IN THE UNITED STATES. Member Electronic Vote/  . Alabama No No Yes No. Alaska No No No No PERMISSIBILITY OF ELECTRONIC VOTING IN THE UNITED STATES State Member Conference Call Vote Member Electronic Vote/ Email Board of Directors Conference Call Vote Board of Directors Electronic Vote/ Email

More information

WYOMING POPULATION DECLINED SLIGHTLY

WYOMING POPULATION DECLINED SLIGHTLY FOR IMMEDIATE RELEASE Wednesday, December 19, 2018 Contact: Dr. Wenlin Liu, Chief Economist WYOMING POPULATION DECLINED SLIGHTLY CHEYENNE -- Wyoming s total resident population contracted to 577,737 in

More information

7-45. Electronic Access to Legislative Documents. Legislative Documents

7-45. Electronic Access to Legislative Documents. Legislative Documents Legislative Documents 7-45 Electronic Access to Legislative Documents Paper is no longer the only medium through which the public can gain access to legislative documents. State legislatures are using

More information

U.S. Sentencing Commission Preliminary Crack Retroactivity Data Report Fair Sentencing Act

U.S. Sentencing Commission Preliminary Crack Retroactivity Data Report Fair Sentencing Act U.S. Sentencing Commission Preliminary Crack Retroactivity Data Report Fair Sentencing Act July 2013 Data Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress,

More information

State Trial Courts with Incidental Appellate Jurisdiction, 2010

State Trial Courts with Incidental Appellate Jurisdiction, 2010 ALABAMA: G X X X de novo District, Probate, s ALASKA: ARIZONA: ARKANSAS: de novo or on the de novo (if no ) G O X X de novo CALIFORNIA: COLORADO: District Court, Justice of the Peace,, County, District,

More information

RESTORATION IN ADULT GUARDIANSHIPS (STATUTES)

RESTORATION IN ADULT GUARDIANSHIPS (STATUTES) RESTORATION IN ADULT GUARDIANSHIPS (STATUTES) June 2013 All fifty states have enacted laws addressing termination of adult guardianship upon the individual s regaining capacity. A number of statutes are

More information

CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT LAWS IN ALL 5O STATES

CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT LAWS IN ALL 5O STATES CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT LAWS IN ALL 5O STATES We have compiled a list of the various laws in every state dealing with whether the state is a pure contributory negligence state (bars recovery

More information

Security Breach Notification Chart

Security Breach Notification Chart Security Breach Notification Chart Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes

More information

Relationship Between Adult and Minor Guardianship Statutes

Relationship Between Adult and Minor Guardianship Statutes RELATIONSHIP DEFINITION STATES TOTAL Integrated Statutory provisions regarding authority over personal AR, DE, FL, IN, IA, KS, KY, MO, NV, NC, OH, OR, 17 matters are applicable to both adults and minors

More information

Notice N HCFB-1. March 25, Subject: FEDERAL-AID HIGHWAY PROGRAM OBLIGATION AUTHORITY FISCAL YEAR (FY) Classification Code

Notice N HCFB-1. March 25, Subject: FEDERAL-AID HIGHWAY PROGRAM OBLIGATION AUTHORITY FISCAL YEAR (FY) Classification Code Notice Subject: FEDERAL-AID HIGHWAY PROGRAM OBLIGATION AUTHORITY FISCAL YEAR (FY) 2009 Classification Code N 4520.201 Date March 25, 2009 Office of Primary Interest HCFB-1 1. What is the purpose of this

More information

Appendix: Legal Boundaries Between the Juvenile and Criminal. Justice Systems in the United States. Patrick Griffin

Appendix: Legal Boundaries Between the Juvenile and Criminal. Justice Systems in the United States. Patrick Griffin Appendix: Legal Boundaries Between the Juvenile and Criminal Justice Systems in the United States Patrick Griffin In responding to law-violating behavior, every U.S. state 1 distinguishes between juveniles

More information

State Complaint Information

State Complaint Information State Complaint Information Each state expects the student to exhaust the University's grievance process before bringing the matter to the state. Complaints to states should be made only if the individual

More information

State UCC Fraudulent Filing Statutes & Rules Compiled by Paul Hodnefield, Corporation Service Company August 3, 2015

State UCC Fraudulent Filing Statutes & Rules Compiled by Paul Hodnefield, Corporation Service Company August 3, 2015 State UCC Fraudulent Filing Statutes & Rules Compiled by Paul Hodnefield, Corporation Service Company August 3, 2015 The following list of fraudulent filing laws includes state statutes and administrative

More information

Matthew Miller, Bureau of Legislative Research

Matthew Miller, Bureau of Legislative Research Matthew Miller, Bureau of Legislative Research Arkansas (reelection) Georgia (reelection) Idaho (reelection) Kentucky (reelection) Michigan (partisan nomination - reelection) Minnesota (reelection) Mississippi

More information

Incorporation CHAPTER 2

Incorporation CHAPTER 2 mbcaa_02_c02_p001-110.qxd 11/26/07 11:52 AM Page 1 CHAPTER 2 Incorporation 2.01. Incorporators 2.02. Articles of incorporation 2.03. Incorporation 2.04. Liability for preincorporation transactions 2.05.

More information

FIFTY STATES AND D.C. SURVEY OF LAWS THAT AUTHORIZE OR RECOGNIZE PRIVATE CITIZEN-INITIATED INVESTIGATION AND/OR PROSECUTION OF CRIMINAL OFFENSES

FIFTY STATES AND D.C. SURVEY OF LAWS THAT AUTHORIZE OR RECOGNIZE PRIVATE CITIZEN-INITIATED INVESTIGATION AND/OR PROSECUTION OF CRIMINAL OFFENSES FIFTY STATES AND D.C. SURVEY OF LAWS THAT AUTHORIZE OR RECOGNIZE PRIVATE CITIZEN-INITIATED INVESTIGATION AND/OR PROSECUTION OF CRIMINAL OFFENSES The National Crime Victim Law Institute (NCVLI) makes no

More information

TELEPHONE; STATISTICAL INFORMATION; PRISONS AND PRISONERS; LITIGATION; CORRECTIONS; DEPARTMENT OF CORRECTION ISSUES

TELEPHONE; STATISTICAL INFORMATION; PRISONS AND PRISONERS; LITIGATION; CORRECTIONS; DEPARTMENT OF CORRECTION ISSUES TELEPHONE; STATISTICAL INFORMATION; PRISONS AND PRISONERS; LITIGATION; CORRECTIONS; PRISONS AND PRISONERS; June 26, 2003 DEPARTMENT OF CORRECTION ISSUES 2003-R-0469 By: Kevin E. McCarthy, Principal Analyst

More information

We re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing Binge

We re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing Binge Citizens for Tax Justice 202-626-3780 September 23, 2003 (9 pp.) Contact: Bob McIntyre We re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing

More information

JURISDICTIONS COMPARATIVE CHART

JURISDICTIONS COMPARATIVE CHART JURISDICTIONS COMPARATIVE CHART STATUTORY PARENTAL LIABILITY FOR ACTS OF MINOR CHILDREN COZEN O CONNOR One Liberty Place 1650 Market Street Suite 2800 Philadelphia, PA 19103 P: 215.665.2000 or 800.523.2900

More information

CHAPTER 11 LIABILITY IN EMERGENCY MANAGEMENT

CHAPTER 11 LIABILITY IN EMERGENCY MANAGEMENT CHAPTER 11 LIABILITY IN EMERGENCY MANAGEMENT John C. Pine Professor-Research, Institute for Environmental Studies, Louisiana State University, Baton Rouge, Louisiana 11.1 INTRODUCTION For many years, states

More information

28 USC 152. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

28 USC 152. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 6 - BANKRUPTCY JUDGES 152. Appointment of bankruptcy judges (a) (1) Each bankruptcy judge to be appointed for a judicial

More information

2016 Voter Registration Deadlines by State

2016 Voter Registration Deadlines by State 2016 Voter s by Alabama 10/24/2016 https://www.alabamavotes.gov/electioninfo.aspx?m=vote rs Alaska 10/9/2016 (Election Day registration permitted for purpose of voting for president and Vice President

More information

APPENDIX STATE BANS ON DEBTORS PRISONS AND CRIMINAL JUSTICE DEBT

APPENDIX STATE BANS ON DEBTORS PRISONS AND CRIMINAL JUSTICE DEBT APPENDIX STATE BANS ON DEBTORS PRISONS AND CRIMINAL JUSTICE DEBT This Appendix identifies and locates the critical language of each of the forty-one current state constitutional bans on debtors prisons.

More information

Chart #5 Consideration of Criminal Record in Licensing and Employment CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT

Chart #5 Consideration of Criminal Record in Licensing and Employment CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT State AL licensing, public and private (including negligent hiring) licensing and public licensing only public only Civil rights restored

More information

Campaign Finance E-Filing Systems by State WHAT IS REQUIRED? WHO MUST E-FILE? Candidates (Annually, Monthly, Weekly, Daily).

Campaign Finance E-Filing Systems by State WHAT IS REQUIRED? WHO MUST E-FILE? Candidates (Annually, Monthly, Weekly, Daily). Exhibit E.1 Alabama Alabama Secretary of State Mandatory Candidates (Annually, Monthly, Weekly, Daily). PAC (annually), Debts. A filing threshold of $1,000 for all candidates for office, from statewide

More information

Immigrant Caregivers:

Immigrant Caregivers: Immigrant Caregivers: The Implications of Immigration Status on Foster Care Licensure August 2017 INTRODUCTION All foster parents seeking to care for children in the custody of child welfare agencies must

More information

Chart 12.7: State Appellate Court Divisions (Cross-reference ALWD Rule 12.6(b)(2))

Chart 12.7: State Appellate Court Divisions (Cross-reference ALWD Rule 12.6(b)(2)) Chart 12.7: State Appellate Court (Cross-reference ALWD Rule 12.6(b)(2)) Alabama Divided Court of Civil Appeals Court of Criminal Appeals Alaska Not applicable Not applicable Arizona Divided** Court of

More information