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GA HB1130
Bill
Status
Introduced
2/1/2024
Primary Sponsor
Scott Holcomb
Click for details
AI Summary
- Grants immunity from criminal prosecution for persons who commit offenses as a direct result of being a victim of human trafficking under Georgia Code Section 16-5-46
- Allows defendants to file an immunity motion supported by documentation such as official records from federal/state/tribal/local proceedings, affidavits from clergy or medical professionals, or other credible evidence; official documentation creates a rebuttable presumption of trafficking victim status but is not required
- Places the burden of proof on the defendant to show by a preponderance of the evidence that the offense was committed as a direct result of being a trafficking victim
- Preserves all trial defenses and objections for defendants who participate in an immunity hearing, even if the same evidence was presented at the hearing
- Prohibits courts from considering a defendant's failure to raise an affirmative defense, seek an immunity hearing, or prevail at either as relevant to subsequent sentence vacatur proceedings under Code Section 17-10-21
Legislative Description
Crimes and offenses; criminal prosecution for offenses committed as a victim of human trafficking; provide for immunity
Last Action
House Committee Favorably Reported
2/29/2024
Committee Referrals
Judiciary - Non-Civil2/6/2024
Full Bill Text
No bill text available