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ID S1154
Bill
Status
4/10/2015
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Allows victims of human trafficking to petition courts to vacate convictions and expunge criminal records for arrests, prosecutions, and convictions resulting from acts induced by human traffickers, including violations of Idaho Code section 18-5613 or other offenses where a coercion defense would be available.
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Requires petitions to be filed within a reasonable time after arrest or conviction, except petitions for arrests without prosecution must wait at least 2 years; petitions must include facts demonstrating victim status, the trafficker's identity, and how the petitioner became involved in the criminal activity.
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Establishes court procedures including service on prosecuting attorneys or police agencies, pretrial hearings within 60 days, and a preponderance of evidence standard; courts must find the petitioner's participation occurred during human trafficking victimization and resulted from acts required by the trafficker.
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Upon expungement, the petitioner is deemed never to have been arrested, prosecuted, or convicted; all records are sealed and expunged from public indices, though information may be used to investigate and prosecute human traffickers.
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Provides immunity from civil liability for the State of Idaho and its political subdivisions for arrests, convictions, or prosecutions resulting in dismissals or acquittals that are subsequently expunged under this section.
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
Signed by Governor on 04/10/15 Session Law Chapter 308 Effective: 07/01/2015
4/10/2015