HB579:

Victims of human trafficking; expands definition, affirmative defense, writ of vacatur.

Bill Summary:

Victims of human trafficking; affirmative defense;
writ of vacatur. Expands the definition of qualifying offense
for the purposes of the issuance of a writ of vacatur for victims
of commercial sex trafficking and the affirmative defense available
to victims of sex trafficking to include a number of additional offenses
enumerated in the bill. Current law only allows the issuance of such
writ of vacatur or the use of such affirmative defense for convictions
and adjudications of delinquency or charges for prostitution and
keeping, residing in, or frequenting a bawdy place. The bill also
changes the term "victim of sex trafficking" to "victim of human
trafficking" as used in reference to such writ of vacatur and affirmative
defense and adds to the definition of "victim of human trafficking"
any person subjected to human trafficking, as defined in the bill,
and any person who committed such offense while younger than 18 years
of age. For the purposes of the issuance of the writ of vacatur,
the bill also provides that there shall be a rebuttable presumption
that a petitioner is a victim of human trafficking if the petitioner
provides official government documentation of the petitioner's status
as a victim of human trafficking at the time of the qualifying offense.
The bill also states that a petitioner for a writ of vacatur shall
not be required to pay any fees or costs for filing such petition
if the petitioner is found to be unable to pay fees or costs.