Trafficking Survivors Relief Act
Summary
The Trafficking Survivors Relief Act aims to provide avenues for vacating convictions and expunging arrests for victims of human trafficking who committed certain offenses as a direct result of their victimization. It introduces new definitions for 'level A' and 'level B' offenses, distinguishing between violent and non-violent crimes, and establishes a process for motions to vacate convictions or expunge arrests. The act also includes provisions for mitigating factors in sentencing and creates a 'human trafficking defense'.
Expected Effects
This act will likely lead to the vacating of convictions and expungement of arrests for eligible trafficking victims, allowing them to reintegrate into society without the burden of a criminal record stemming directly from their exploitation. It also mandates reports from United States Attorneys and the Government Accountability Office to assess the act's impact and improve its implementation. The act may also reduce sentences for covered prisoners who committed offenses as a direct result of being trafficking victims.
Potential Benefits
- Provides a legal pathway for trafficking victims to clear their records of offenses committed as a direct result of their victimization.
- Offers a 'human trafficking defense' in prosecutions for certain federal offenses.
- Mandates consideration of mitigating factors related to trafficking victimization during sentencing.
- Requires reports to assess the act's impact and improve its implementation.
- Ensures confidentiality for movants seeking relief under the act.
Potential Disadvantages
- May create additional burdens on the justice system due to the need for hearings and investigations.
- Could potentially be exploited by individuals falsely claiming to be trafficking victims.
- The definitions of 'level A' and 'level B' offenses may be subject to interpretation and debate.
- The act's effectiveness depends on the availability of anti-human trafficking service providers and clinicians to provide affidavits or sworn testimony.
- There may be challenges in determining whether an offense was a 'direct result' of the person having been a victim of trafficking.
Constitutional Alignment
The act aligns with the Constitution by seeking to establish justice and promote the general welfare, as stated in the Preamble. The provisions related to due process and fair trials, particularly in the context of post-conviction relief, are relevant to the Fifth and Sixth Amendments. The Tenth Amendment considerations arise as the act primarily addresses federal offenses, leaving state offenses to be addressed by state laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).