H.R. 5080 — Introduced in House

I 116th CONGRESS 1st Session H. R. 5080 IN THE HOUSE OF REPRESENTATIVES November 14, 2019Mr. Spano (for himself, Mr. Hastings, Mr. Diaz-Balart, Mr. Deutch, and Mr. Waltz) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to establish a rebuttable presumption that certain Federal offenses were induced by coercion if a defendant was the victim of trafficking when such offense was committed, and for other purposes. 1. Short title This Act may be cited as the Help Obtaining Presumption of Exoneration for Victims of Human Trafficking Act or the HOPE for Victims of Human Trafficking Act. 2. Amendments to the Trafficking Victims Protection Act of 2000 Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) is amended— (1) in paragraph (16), by striking paragraph (9) and inserting paragraph (11); and (2) in paragraph (17), by striking paragraph (9) or (10) and inserting paragraph (11) or (12). 3. Human trafficking defense (a) In general Chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. Human trafficking defense (a) Presumption Any defendant who establishes by a preponderance of the evidence that the defendant was a victim of trafficking at the time at which the defendant committed an offense under subsection (b) shall create a rebuttable presumption that the offense was induced by coercion. (b) Offenses An offense described in this subsection is— (1) an offense under section 1384 (relating to prostitution near military and naval establishments); (2) an offense under section 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1590, 1591(a), 1591(b), 1592, 1593A, 1594(a), or 1594(b); (3) an offense under section 2421(a), 2421a(a), 2421a(b), 2422, 2424(a), or 2425; (4) an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, or 846); or (5) any offense that is not a crime of violence (as such term is defined in subsection (a) of section 16). (c) Sealing In any proceeding in which a defense under this section is raised, any record or part of the proceeding related to such defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense. (d) Post-Conviction relief An individual’s failure to assert or failed assertion of a defense under this section may not preclude the individual from asserting as a mitigating factor in a proceeding for any post-conviction relief, that at the time of the commission of the acts constituting the offense, the defendant was a victim of trafficking and committed the acts under duress, force, or coercion. (e) Aid to victims An individual’s failure to assert or failed assertion of a defense under this section may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of human trafficking. (f) Definitions In this section, the terms coercion and victim of trafficking have the meanings given such terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). . (b) Clerical amendment The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. Human trafficking defense. .