HB 579

Abstract

Victims of human trafficking; affirmative defense;writ of vacatur. Expands the definition of qualifying offensefor the purposes of the issuance of a writ of vacatur for victimsof commercial sex trafficking and the affirmative defense availableto victims of sex trafficking to include a number of additional offensesenumerated in the bill. Current law only allows the issuance of suchwrit of vacatur or the use of such affirmative defense for convictionsand adjudications of delinquency or charges for prostitution andkeeping, residing in, or frequenting a bawdy place. The bill alsochanges the term "victim of sex trafficking" to "victim of humantrafficking" as used in reference to such writ of vacatur and affirmativedefense 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 yearsof age. For the purposes of the issuance of the writ of vacatur,the bill also provides that there shall be a rebuttable presumptionthat a petitioner is a victim of human trafficking if the petitionerprovides official government documentation of the petitioner's statusas a victim of human trafficking at the time of the qualifying offense. The bill also states that a petitioner for a writ of vacatur shallnot be required to pay any fees or costs for filing such petitionif the petitioner is found to be unable to pay fees or costs.