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 crimes as a direct result of their trafficking situation. It amends Title 18 of the United States Code to include provisions for motions to vacate convictions and expunge arrests, especially for non-violent offenses (Level A). The act also allows for sentence reduction for covered prisoners who were victims of trafficking.
Expected Effects
This act will likely lead to the expungement of criminal records for some trafficking victims, allowing them to reintegrate into society more easily. It also mandates reports and training to improve the handling of human trafficking cases within the justice system. The Act also introduces a 'human trafficking defense' in federal offenses.
Potential Benefits
- Provides a legal pathway for trafficking survivors to clear their records.
- Reduces barriers to employment, housing, and education for survivors.
- Encourages law enforcement and courts to recognize the role of trafficking in criminal behavior.
- Offers potential sentence reductions for incarcerated survivors.
- Increases awareness and training on human trafficking indicators within the justice system.
Potential Disadvantages
- May create additional burdens on the court system due to increased motions.
- Could potentially be exploited by individuals falsely claiming to be trafficking victims.
- Requires careful assessment to ensure genuine victims receive relief while protecting public safety.
- The definition of 'direct result' may be subject to interpretation and legal challenges.
- Potential costs associated with training and reporting requirements.
Constitutional Alignment
The act aligns with the Constitution by seeking to establish justice and promote the general welfare, as stated in the Preamble. It also relates to the due process rights guaranteed by the Fifth and Fourteenth Amendments, ensuring fair treatment within the legal system. The Act does not appear to infringe upon any specific constitutional provision and aims to provide a more equitable application of the law.
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).