View Amendment Current Amendment: 1 to Bill 230

Senator MALLOY proposed the following amendment (230GM1):

Amend the bill, as and if amended, by striking page 2, lines 16- 35 and adding the following:

/(F) In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of, or incidental or related to, trafficking. A victim of trafficking in persons convicted of a violation of this article, or prostitution, or any other non-violent offense may motion the court to vacate the conviction and expunge the record of the conviction for an offense committed as a direct result of, or incidental or related to, trafficking. The court may grant the motion on a finding that the person's participation was a direct result of being a victim. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. /

Amend the bill further, as and if amended, by striking page 2, lines 38- 41 and adding the following:

/ pursuant to this article , for a prostitution offense, or for any other nonviolent offense if it is determined after investigation that the victim committed the offense as a direct result of, or incidental or related to, trafficking. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. A person under the age of eighteen who is a victim of trafficking in persons in violation of this title shall not be found in violation of or be the subject of a

delinquency petition if it is determined after investigation that the victim's conduct was a direct result of, or incidental or related to, trafficking. /