[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4323 Enrolled Bill (ENR)]
H.R.4323
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty-five
An Act
To provide for the vacating of certain convictions and expungement of
certain arrests of victims of human trafficking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trafficking Survivors Relief Act''.
SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING.
(a) In General.--Chapter 237 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3771A. Motion to vacate; expungement; mitigating factors
``(a) Definitions.--In this section--
``(1) the term `child' means an individual who has not attained
18 years of age;
``(2) the term `covered prisoner' means an individual who--
``(A) was convicted of a level A offense or level B
offense;
``(B) was sentenced to a term of imprisonment for the
offense described in subparagraph (A); and
``(C) is, or was previously, imprisoned or incarcerated
under such sentence for a term of imprisonment;
``(3) the terms `employee' and `officer' have the meanings
given the terms in section 2105 of title 5;
``(4) the term `Federal offense' means an offense that is
punishable under Federal law;
``(5) the term `level A offense' means a Federal offense that
is not a violent crime;
``(6) the term `level B offense'--
``(A) means a Federal offense that is a violent crime; and
``(B) does not include a Federal offense that is a violent
crime of which a child was a victim;
``(7) the term `victim of trafficking' has the meaning given
that term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102); and
``(8) the term `violent crime' has the meaning given the term
`crime of violence' in section 16(a) of this title.
``(b) Motions To Vacate Convictions or Expunge Arrests.--
``(1) In general.--
``(A) Convictions of level a offenses.--A person convicted
of any level A offense (or an attorney representing such a
person) 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 trafficking.
``(B) Arrests for level a offenses.--A person arrested for
any level A offense (or an attorney representing such a person)
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
trafficking.
``(C) Arrests for level b offenses.--A person arrested for
any level B offense (or an attorney representing such a person)
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--
``(i) the conduct or alleged conduct of the movant that
resulted in the arrest was directly related to the movant
having been a victim of trafficking; and
``(ii)(I) the movant was acquitted of the level B
offense;
``(II) the Government did not pursue, or the Government
moved to dismiss, criminal charges against the movant for
the level B offense; or
``(III)(aa) the charges against the movant for the
level B offense were reduced to an offense that is a level
A offense; and
``(bb) the movant was acquitted of the level A offense,
the Government did not pursue, or the Government moved to
dismiss, criminal charges against the movant for the level
A offense, or any subsequent conviction of the level A
offense was vacated.
``(2) Contents of motion.--A motion described in paragraph (1)
shall--
``(A) be in writing;
``(B) describe any supporting evidence;
``(C) state the offense; and
``(D) include copies of any documents showing that the
movant is entitled to relief under this section.
``(3) Hearing.--
``(A) Mandatory hearing.--
``(i) Motion in opposition.--Not later than 30 days
after the date on which a motion is filed under paragraph
(1), the Government may file a motion in opposition of the
motion filed under paragraph (1).
``(ii) Mandatory hearing.--If the Government files a
motion described in clause (i), not later than 15 days
after the date on which the motion is filed, the court
shall hold a hearing on the motion.
``(B) Discretionary hearing.--If the Government does not
file a motion described in subparagraph (A)(i), the court may
hold a hearing on the motion not later than 45 days after the
date on which a motion is filed under paragraph (1).
``(4) Factors.--
``(A) Vacating convictions of level a offenses.--The court
may grant a motion under paragraph (1)(A) if, after notice to
the Government and an opportunity to be heard, the court finds,
by a preponderance of the evidence, that--
``(i) the movant was convicted of a level A offense;
and
``(ii) the participation in the level A offense by the
movant was a direct result of the movant having been a
victim of trafficking.
``(B) Expunging arrests for level a offenses.--The court
may grant a motion under paragraph (1)(B) if, after notice to
the Government and an opportunity to be heard, the court finds,
by a preponderance of the evidence, that--
``(i) the movant was arrested for a level A offense;
and
``(ii) the conduct or alleged conduct that resulted in
the arrest was directly related to the movant having been a
victim of trafficking.
``(C) Expunging arrests for level b offenses.--The court
may grant a motion under paragraph (1)(C) if, after notice to
the Government and an opportunity to be heard, the court finds,
by a preponderance of the evidence, that--
``(i) 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
trafficking; and
``(ii)(I) the movant was acquitted of the level B
offense;
``(II) the Government did not pursue, or the Government
moved to dismiss, criminal charges against the movant for
the level B offense; or
``(III)(aa) the charges against the movant for the
level B offense were reduced to a level A offense; and
``(bb) the movant was acquitted of the level A offense,
the Government did not pursue, or the Government moved to
dismiss, criminal charges against the movant for the level
A offense, or any subsequent conviction of that level A
offense was vacated.
``(5) Supporting evidence.--
``(A) In general.--For purposes of this section, in
determining whether the movant is a victim of trafficking, the
court--
``(i) shall consider an affidavit or sworn testimony of
an anti-human trafficking service provider or clinician;
and
``(ii) may consider any supporting evidence the court
determines is of sufficient credibility and probative
value, including sworn testimony from a law enforcement
officer detailing the role of the movant in coercing other
victims of trafficking into committing criminal offenses.
``(B) Affidavit or sworn testimony sufficient evidence.--
The affidavit or sworn testimony described in subparagraph
(A)(i) shall be sufficient evidence to vacate a conviction or
expunge an arrest under this section if the court determines
that--
``(i) the affidavit or sworn testimony is credible; and
``(ii) no other evidence is readily available.
``(6) 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 (1).
``(7) Denial of motion.--
``(A) Finality.--If the court denies a motion filed under
paragraph (1), the denial shall be final, except as provided
under subparagraph (C) of this paragraph and subject to the
discovery of any new and compelling evidence or information.
``(B) Reasons for denial.--If the court denies a motion
filed under paragraph (1), the court shall state the reasons
for the denial in writing.
``(C) Reasonable time to cure deficiencies in motion.--If
the court denies a motion filed under paragraph (1) due to a
curable deficiency in the motion, the court shall allow the
movant sufficient time to cure the deficiency.
``(8) Appeal.--An order granting or denying a motion under this
section may be appealed in accordance with section 1291 of title
28.
``(c) Vacatur of Convictions.--
``(1) In general.--If the court grants a motion to vacate a
conviction of a level A offense under subsection (b), the court
shall immediately--
``(A) vacate the conviction for cause;
``(B) set aside the verdict and enter a judgment of
acquittal; and
``(C) enter an expungement order that directs that there be
expunged from all official records all references to--
``(i) the arrest of the movant for the level A offense;
``(ii) the institution of criminal proceedings against
the movant relating to the level A offense; and
``(iii) the results of the proceedings.
``(2) Limitation.--Nothing in this subsection requires a court
to amend or remove any fine or restitution order in a criminal or
civil proceeding.
``(3) Effect.--If a conviction is vacated under an order
entered under paragraph (1), 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 conviction.
``(d) Expungement of Arrests.--
``(1) In general.--If the court grants a motion to expunge all
records of an arrest for an offense under subsection (b), the court
shall immediately enter an expungement order that directs that
there be expunged from all official records all references to--
``(A) the arrest of the movant for the offense;
``(B) the institution of any criminal proceedings against
the movant relating to the offense; and
``(C) the results of the proceedings, if any.
``(2) Effect.--If an arrest is expunged under an order entered
under paragraph (1) 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 arrest, if any.
``(e) Mitigating Factors.--
``(1) 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--
``(A) upon--
``(i) motion by the covered prisoner; or
``(ii) the court's own motion;
``(B) after notice to the Government;
``(C) after considering--
``(i) the factors set forth in section 3553(a);
``(ii) the nature and seriousness of the danger to any
person, if applicable; and
``(iii) the community, or any crime victims; and
``(D) if the court finds, by a preponderance of the
evidence, that the covered prisoner committed the offense as a
direct result of the covered prisoner having been a victim of
trafficking.
``(2) Requirement.--Any proceeding under this subsection shall
be subject to section 3771.
``(3) Particularized inquiry.--For any motion under paragraph
(1), 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 section.
``(f) Additional Actions by Court.--The court shall, upon granting
a motion under this section, take any additional action necessary to
grant the movant full relief.
``(g) No Fees.--A person may not be required to pay a filing fee,
service charge, copay fee, processing fee, or any other charge for
filing a motion under this section.
``(h) Confidentiality of Movant.--
``(1) In general.--A motion under this section and any
documents, pleadings, or orders relating to the motion shall be
filed under seal.
``(2) Information not available for public inspection.--An
officer or employee may not make available for public inspection
any report, paper, picture, photograph, court file, or other
document, in the custody or possession of the officer or employee,
that identifies the movant.
``(i) Applicability.--This section shall apply to any conviction or
arrest occurring before, on, or after the date of enactment of this
section.''.
(b) Technical and Conforming Amendment.--The table of sections of
chapter 237 of title 18, United States Code, is amended by adding at
the end the following:
``3771A. Motion to vacate; expungement; mitigating factors.''.
SEC. 3. REPORTS.
(a) United States Attorney Motions for Vacatur or Expungement.--Not
later than 1 year after the date of enactment of this Act, each United
States attorney shall submit to the Attorney General a report that
details--
(1) the number of motions for vacatur or expungement filed
under section 3771A of title 18, United States Code, as added by
section 2, in the district of the United States attorney; and
(2) for each motion described in paragraph (1)--
(A) the underlying offense;
(B) the response of the United States attorney to the
motion; and
(C) the final determination of the court with respect to
the motion.
(b) United States Attorney Training on Human Trafficking
Indicators.--Not later than 1 year after the date of enactment of this
Act, 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 12-month
period.
(c) Government Accountability Office.--Not later than 3 years after
the date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that--
(1) assesses the impact of the enactment of section 3771A of
title 18, United States Code, as added by section 2; and
(2) includes--
(A) the number of human trafficking survivors who have
filed motions for vacatur or expungement under such section
3771A;
(B) the final determination of each court that adjudicated
a motion described in subparagraph (A);
(C) recommendations to increase access to post-conviction
relief for human trafficking survivors with Federal criminal
records; and
(D) recommendations for improving the implementation and
tracking of professional training of United States attorneys on
indicators of human trafficking.
SEC. 4. USE OF GRANTS FOR POST-CONVICTION RELIEF REPRESENTATION.
The Office of Justice Programs or the Office on Violence Against
Women, in awarding a grant that may be used for legal representation,
may not prohibit a recipient from using the grant for legal
representation for post-conviction relief.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) this Act is a first step to address the changing tactics of
human traffickers, who are using forced criminality as a form of
force, fraud, and coercion in their human trafficking enterprises;
and
(2) Congress is committed to continuing to find solutions as
needed to thwart human traffickers and protect survivors of human
trafficking.
SEC. 6. HUMAN TRAFFICKING DEFENSE.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. Human trafficking defense
``(a) Definitions.--In this section--
``(1) the term `covered Federal offense' means a level A
offense or level B offense, as those terms are defined in section
3771A; and
``(2) the term `victim of trafficking' has the meaning given
the term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).
``(b) Duress.--In a prosecution for a covered Federal offense, a
defendant may establish duress by demonstrating that the defendant was
a victim of trafficking at the time at which the defendant committed
the offense.
``(c) Record or Proceeding Under Seal.--In any proceeding in which
a defense under subsection (b) is raised, any record or part of the
proceeding related to the defense shall, on motion, be placed under
seal until such time as a conviction is entered for the offense.
``(d) Post-Conviction Relief.--A failure to assert, or failed
assertion of, a defense under subsection (b) by an individual who is
convicted of a covered Federal offense may not preclude the individual
from asserting as a mitigating factor, at sentencing or in a proceeding
for any post-conviction relief, that at the time of the commission of
the offense, the defendant was a victim of trafficking and committed
the offense under duress.
``(e) Federal Aid.--A failure to assert, or failed assertion of, a
defense under subsection (b) 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 trafficking.''.
(b) Technical and Conforming 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.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
Section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102) is amended--
(1) in paragraph (16), by striking ``(9)'' and inserting
``(11)''; and
(2) in paragraph (17), by striking ``(9) or (10)'' and
inserting ``(11) or (12)''.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to conflict with any of the crime victims' rights described
in section 3771 of title 18, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.