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ID S1103
Bill
Status
2/19/2015
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Allows victims of human trafficking to petition a sentencing court to vacate convictions and expunge criminal records related to offenses committed during their trafficking victimization, or to petition magistrate court if arrested but not convicted.
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Petitions may be filed at any time and must identify the petitioner, offense, arrest date, conviction date, and include evidence or documentation supporting human trafficking victim status.
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Requires courts to schedule hearings within 60 days of petition filing and notify the prosecuting attorney, who may file objections; courts may direct probation or parole officers to submit written reports.
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Establishes that evidence of victim status from government agencies creates a rebuttable presumption, and courts may consider certified court records, federal immigration certifications, or testimony from trained professionals, clergy, attorneys, or health care providers.
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Grants petitions when courts find by preponderance of evidence that the petitioner's offense participation occurred during human trafficking victimization and resulted from that victimization; upon expungement, the petitioner may swear they were never arrested for that offense.
Legislative Description
Adds to existing law to provide that a victim of human trafficking may petition for expungement of a criminal history record under certain conditions.
CRIMINAL HISTORY RECORDS
Last Action
Reported Printed; referred to Judiciary & Rules
2/20/2015