Senate Amendment 3
S 142 - Session 125 (2023-2024)
Trafficking in persons, luring a child

Senator Cash proposes the following amendment (SR-142.JG0012S):

Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2020(F) and (G) and inserting:

(F) In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of, or incidental or related to, trafficking. A victim of trafficking in persons convicted of a violation of this article, or prostitution, or any other non-violent offense may motion the court to vacate the conviction and expunge the record of the conviction for a non-violent offense committed by a minor as a direct result of trafficking. The court may grant the motion on a finding by a preponderance of the evidence that the person's participation was a direct result of being a victimbeing a victim of trafficking. An alleged victim of trafficking who files a motion to vacate a conviction and expunge the record pursuant to this subsection must file reasonable notice of the motion with the original prosecuting agency for the underlying offense and reasonable notice must be given or attempted to be given to any victims pursuant to the Victim's Bill of Rights. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. The affirmative defense may be raised only in cases where the victim was a minor at the time he committed the offense.

(G) If the victim was a minor under the age of eighteen at the time of the offense, the victim of trafficking in persons may not be prosecuted in court pursuant to or have a delinquency petition filed against him for a violation of this article, a prostitution offense, or for any other nonviolent offense if it is determined after investigation that the victim committed the offense as a direct result of, or incidental or related to, trafficking. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60.