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GA SB326
Bill
Status
Introduced
1/28/2020
Primary Sponsor
Zahra Karinshak
Click for details
AI Summary
- Allows defendants convicted of nonviolent offenses to petition the sentencing court to vacate their conviction and sentence if the offense was committed as a direct result of being a victim of human trafficking for labor or sexual servitude under Code Section 16-5-46
- Requires the court to find by a preponderance of the evidence that the nonviolent offense was a direct result of the defendant's trafficking victimization before granting vacatur
- Defines "violent offense" to include serious violent felonies, aggravated assault, aggravated battery, aggravated stalking, first- and second-degree arson, motor vehicle or aircraft hijacking, and any offense involving a deadly weapon or destructive device — all of which are excluded from eligibility
- Mandates that when a conviction is vacated under this provision, the court must simultaneously issue an order restricting access to the individual's criminal history record information for the vacated offense
- Requires the defendant to serve the vacatur petition on the prosecuting attorney, with the court conducting a notice and hearing process before ruling
Legislative Description
Sentencing and Imposition of Punishment; court imposing sentence may grant the relief of vacatur for nonviolent convictions; provide
Last Action
Senate Read and Referred
1/29/2020
Full Bill Text
No bill text available