,,ii #aaith ,,congress #ast ,session ,s4 #bbee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjbe,mrs4 ,gillibrand 7for herself1 ,mrs4 ,hyde-,smith1 ,mr4 ,coons1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the vacating of certain convictions and expungement of certain arrests of victims of human trafficking4 #a4 ,short title ,this ,act may be cited as the ,trafficking ,survivors ,relief ,act of #bjbe4 #b4 ,federal expungement for victims of trafficking 7a7 ,in general ,chapter #bcg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cgga;,a4 ,motion to vacate2 expungement2 mitigating factors 7a7 ,definitions ,in this section-- 7#a7 the term child means an individual who has not attained #ah years of age2 7#b7 the term covered prisoner means an individual who-- 7,a7 was convicted of a level ,a offense or level ,b offense2 7,b7 was sentenced to a term of imprisonment for the offense described in subparagraph 7,a72 and 7,c7 is1 or was previously1 imprisoned or incarcerated under such sentence for a term of imprisonment2 7#c7 the terms employee and officer have the meanings given the terms in section #baje of title #e2 7#d7 the term ,federal offense means an offense that is punishable under ,federal law2 7#e7 the term level ,a offense means a ,federal offense that is not a violent crime2 7#f7 the term level ,b offense-- 7,a7 means a ,federal offense that is a violent crime2 and 7,b7 does not include a ,federal offense that is a violent crime of which a child was a victim2 7#g7 the term victim of trafficking has the meaning given that term in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 and 7#h7 the term violent crime has the meaning given the term crime of violence in section #af7;a7 of this title4 7b7 ,motions ,to vacate convictions or expunge arrests 7#a7 ,in general 7,a7 ,convictions of level ,a offenses ,a person convicted of any level ,a offense 7or an attorney representing such a person7 may move the court that imposed the sentence for the level ,a offense to vacate the judgment of conviction if the level ,a offense was committed as a direct result of the person having been a victim of trafficking4 7,b7 ,arrests for level ,a offenses ,a person arrested for any level ,a offense 7or an attorney representing such a person7 may move the district court of the ,united ,states for the district and division embracing the place where the person was arrested to expunge all records of the arrest if the conduct or alleged conduct of the person that resulted in the arrest was directly related to the person having been a victim of trafficking4 7,c7 ,arrests for level ,b offenses ,a person arrested for any level ,b offense 7or an attorney representing such a person7 may move the district court of the ,united ,states for the district and division embracing the place where the person was arrested to expunge all records of the arrest if-- 7i7 the conduct or alleged conduct of the movant that resulted in the arrest was directly related to the movant having been a victim of trafficking2 and 7ii7 7,i7 the movant was acquitted of the level ,b offense2 7,,ii7 the ,government did not pursue1 or the ,government moved to dismiss1 criminal charges against the movant for the level ,b offense2 or 7,,iii7 7aa7 the charges against the movant for the level ,b offense were reduced to an offense that is a level ,a offense2 and 7bb7 the movant was acquitted of the level ,a offense1 the ,government did not pursue1 or the ,government moved to dismiss1 criminal charges against the movant for the level ,a offense1 or any subsequent conviction of the level ,a offense was vacated4 7#b7 ,contents of motion ,a motion described in paragraph 7#a7 shall-- 7,a7 be in writing2 7,b7 describe any supporting evidence2 7,c7 state the offense2 and 7,d7 include copies of any documents showing that the movant is entitled to relief under this section4 7#c7 ,hearing 7,a7 ,mandatory hearing 7i7 ,motion in opposition ,not later than #cj days after the date on which a motion is filed under paragraph 7#a71 the ,government may file a motion in opposition of the motion filed under paragraph 7#a74 7ii7 ,mandatory hearing ,if the ,government files a motion described in clause 7i71 not later than #ae days after the date on which the motion is filed1 the court shall hold a hearing on the motion4 7,b7 ,discretionary hearing ,if the ,government does not file a motion described in subparagraph 7,a77i71 the court may hold a hearing on the motion not later than #de days after the date on which a motion is filed under paragraph 7#a74 7#d7 ,factors 7,a7 ,vacating convictions of level ,a offenses ,the court may grant a motion under paragraph 7#a77;,a7 if1 after notice to the ,government and an opportunity to be heard1 the court finds1 by a preponderance of the evidence1 that-- 7i7 the movant was convicted of a level ,a offense2 and 7ii7 the participation in the level ,a offense by the movant was a direct result of the movant having been a victim of trafficking4 7,b7 ,expunging arrests for level ,a offenses ,the court may grant a motion under paragraph 7#a77;,b7 if1 after notice to the ,government and an opportunity to be heard1 the court finds1 by a preponderance of the evidence1 that-- 7i7 the movant was arrested for a level ,a offense2 and 7ii7 the conduct or alleged conduct that resulted in the arrest was directly related to the movant having been a victim of trafficking4 7,c7 ,expunging arrests for level ,b offenses ,the court may grant a motion under paragraph 7#a77;,c7 if1 after notice to the ,government and an opportunity to be heard1 the court finds1 by a preponderance of the evidence1 that-- 7i7 the movant was arrested for a level ,b offense and the conduct or alleged conduct that resulted in the arrest was directly related to the movant having been a victim of trafficking2 and 7ii7 7,i7 the movant was acquitted of the level ,b offense2 7,,ii7 the ,government did not pursue1 or the ,government moved to dismiss1 criminal charges against the movant for the level ,b offense2 or 7,,iii7 7aa7 the charges against the movant for the level ,b offense were reduced to a level ,a offense2 and 7bb7 the movant was acquitted of the level ,a offense1 the ,government did not pursue1 or the ,government moved to dismiss1 criminal charges against the movant for the level ,a offense1 or any subsequent conviction of that level ,a offense was vacated4 7#e7 ,supporting evidence 7,a7 ,in general ,for purposes of this section1 in determining whether the movant is a victim of trafficking1 the court-- 7i7 shall consider an affidavit or sworn testimony of an anti-human trafficking service provider or clinician2 and 7ii7 may consider any supporting evidence the court determines is of sufficient credibility and probative value1 including sworn testimony from a law enforcement officer detailing the role of the movant in coercing other victims of trafficking into committing criminal offenses4 7,b7 ,affidavit or sworn testimony sufficient evidence ,the affidavit or sworn testimony described in subparagraph 7,a77i7 shall be sufficient evidence to vacate a conviction or expunge an arrest under this section if the court determines that-- 7i7 the affidavit or sworn testimony is credible2 and 7ii7 no other evidence is readily available4 7#f7 ,conviction or arrest of other persons not required ,it shall not be necessary that any person other than the movant be convicted of or arrested for an offense before the movant may file a motion under paragraph 7#a74 7#g7 ,denial of motion 7,a7 ,finality ,if the court denies a motion filed under paragraph 7#a71 the denial shall be final1 except as provided under subparagraph 7,c7 of this paragraph and subject to the discovery of any new and compelling evidence or information4 7,b7 ,reasons for denial ,if the court denies a motion filed under paragraph 7#a71 the court shall state the reasons for the denial in writing4 7,c7 ,reasonable time to cure deficiencies in motion ,if the court denies a motion filed under paragraph 7#a7 due to a curable deficiency in the motion1 the court shall allow the movant sufficient time to cure the deficiency4 7#h7 ,appeal ,an order granting or denying a motion under this section may be appealed in accordance with section #abia of title #bh4 7c7 ,vacatur of convictions 7#a7 ,in general ,if the court grants a motion to vacate a conviction of a level ,a offense under subsection 7b71 the court shall immediately-- 7,a7 vacate the conviction for cause2 7,b7 set aside the verdict and enter a judgment of acquittal2 and 7,c7 enter an expungement order that directs that there be expunged from all official records all references to-- 7i7 the arrest of the movant for the level ,a offense2 7ii7 the institution of criminal proceedings against the movant relating to the level ,a offense2 and 7iii7 the results of the proceedings4 7#b7 ,limitation ,nothing in this subsection requires a court to amend or remove any fine or restitution order in a criminal or civil proceeding4 7#c7 ,effect ,if a conviction is vacated under an order entered under paragraph 7#a71 the conviction shall not be regarded as a conviction under ,federal law and the movant for whom the conviction was vacated shall be considered to have the status occupied by the movant before the arrest or the institution of the criminal proceedings related to such conviction4 7d7 ,expungement of arrests 7#a7 ,in general ,if the court grants a motion to expunge all records of an arrest for an offense under subsection 7b71 the court shall immediately enter an expungement order that directs that there be expunged from all official records all references to-- 7,a7 the arrest of the movant for the offense2 7,b7 the institution of any criminal proceedings against the movant relating to the offense2 and 7,c7 the results of the proceedings1 if any4 7#b7 ,effect ,if an arrest is expunged under an order entered under paragraph 7#a7 the arrest shall not be regarded as an arrest under ,federal law and the movant for whom the arrest is expunged shall be considered to have the status occupied by the movant before the arrest or the institution of the criminal proceedings related to such arrest1 if any4 7e7 ,mitigating factors 7#a7 ,in general ,the court that imposed sentence for a level ,a offense or level ,b offense upon a covered prisoner may reduce the term of imprisonment for the offense-- 7,a7 upon-- 7i7 motion by the covered prisoner2 or 7ii7 the court's own motion2 7,b7 after notice to the ,government2 7,c7 after considering-- 7i7 the factors set forth in section #ceec7;a72 7ii7 the nature and seriousness of the danger to any person1 if applicable2 and 7iii7 the community1 or any crime victims2 and 7,d7 if the court finds1 by a preponderance of the evidence1 that the covered prisoner committed the offense as a direct result of the covered prisoner having been a victim of trafficking4 7#b7 ,requirement ,any proceeding under this subsection shall be subject to section #cgga4 7#c7 ,particularized inquiry ,for any motion under paragraph 7#a71 the ,government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the covered prisoner in order to assess whether a reduction in sentence would be consistent with this section4 7f7 ,additional actions by court ,the court shall1 upon granting a motion under this section1 take any additional action necessary to grant the movant full relief4 7g7 ,no fees ,a person may not be required to pay a filing fee1 service charge1 copay fee1 processing fee1 or any other charge for filing a motion under this section4 7h7 ,confidentiality of movant 7#a7 ,in general ,a motion under this section and any documents1 pleadings1 or orders relating to the motion shall be filed under seal4 7#b7 ,information not available for public inspection ,an officer or employee may not make available for public inspection any report1 paper1 picture1 photograph1 court file1 or other document1 in the custody or possession of the officer or employee1 that identifies the movant4 7i7 ,applicability ,this section shall apply to any conviction or arrest occurring before1 on1 or after the date of enactment of this section4 4 7b7 ,technical and conforming amendment ,the table of sections of chapter #bcg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cgga;,a4 ,motion to vacate2 expungement2 mitigating factors4 4 #c4 ,reports 7a7 ,united ,states ,attorney motions for vacatur or expungement ,not later than #a year after the date of enactment of this ,act1 each ,united ,states attorney shall submit to the ,attorney ,general a report that details-- 7#a7 the number of motions for vacatur or expungement filed under section #cgga;,a of title #ah1 ,united ,states ,code1 as added by section #b1 in the district of the ,united ,states attorney2 and 7#b7 for each motion described in paragraph 7#a7-- 7,a7 the underlying offense2 7,b7 the response of the ,united ,states attorney to the motion2 and 7,c7 the final determination of the court with respect to the motion4 7b7 ,united ,states attorney training on human trafficking indicators ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report that details all professional training received by ,united ,states attorneys on indicators of human trafficking during the preceding #ab-month period4 7c7 ,government ,accountability ,office ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7#a7 assesses the impact of the enactment of section #cgga;,a of title #ah1 ,united ,states ,code1 as added by section #b2 and 7#b7 includes-- 7,a7 the number of human trafficking survivors who have filed motions for vacatur or expungement under such section #cgga;,a2 7,b7 the final determination of each court that adjudicated a motion described in subparagraph 7,a72 7,c7 recommendations to increase access to post-conviction relief for human trafficking survivors with ,federal criminal records2 and 7,d7 recommendations for improving the implementation and tracking of professional training of ,united ,states attorneys on indicators of human trafficking4 #d4 ,use of grants for post-conviction relief representation ,the ,office of ,justice ,programs or the ,office on ,violence ,against ,women1 in awarding a grant that may be used for legal representation1 may not prohibit a recipient from using the grant for legal representation for post-conviction relief4 #e4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 this ,act is a first step to address the changing tactics of human traffickers1 who are using forced criminality as a form of force1 fraud1 and coercion in their human trafficking enterprises2 and 7#b7 ,congress is committed to continuing to find solutions as needed to thwart human traffickers and protect survivors of human trafficking4 #f4 ,human trafficking defense 7a7 ,in general ,chapter #a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bh4 ,human trafficking defense 7a7 ,definitions ,in this section-- 7#a7 the term covered ,federal offense means a level ,a offense or level ,b offense1 as those terms are defined in section #cgga;,a2 and 7#b7 the term victim of trafficking has the meaning given the term in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 7b7 ,duress ,in a prosecution for a covered ,federal offense1 a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense4 7c7 ,record or proceeding under seal ,in any proceeding in which a defense under subsection 7b7 is raised1 any record or part of the proceeding related to the defense shall1 on motion1 be placed under seal until such time as a conviction is entered for the offense4 7d7 ,post-,conviction relief ,a failure to assert1 or failed assertion of1 a defense under subsection 7b7 by an individual who is convicted of a covered ,federal offense may not preclude the individual from asserting as a mitigating factor1 at sentencing or in a proceeding for any post-conviction relief1 that at the time of the commission of the offense1 the defendant was a victim of trafficking and committed the offense under duress4 7e7 ,federal aid ,a failure to assert1 or failed assertion of1 a defense under subsection 7b7 by an individual who is convicted of a covered ,federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of trafficking4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bh4 ,human trafficking defense4 4 #g4 ,technical and conforming amendments ,section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7 is amended-- 7#a7 in paragraph 7#af71 by striking 7#i7 and inserting 7#aa72 and 7#b7 in paragraph 7#ag71 by striking 7#i7 or 7#aj7 and inserting 7#aa7 or 7#ab74 #h4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 may be construed to conflict with any of the crime victims' rights described in section #cgga of title #ah1 ,united ,states ,code4