H.R. 4323 — Trafficking Survivors Relief Act

This section establishes a new federal process (18 U.S.C. §3771A) authorizing victims of trafficking (as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §7102) to file motions to vacate convictions of level A offenses (i.e., non-violent federal offenses) or expunge arrests for level A offenses or level B offenses (i.e., violent crimes, as defined in 18 U.S.C. §16(a), excluding those with child victims) if the offense or conduct was a direct result of the movant's trafficking victimization. Motions must be written, describe supporting evidence, state the offense, and include relevant documents. The government may oppose within 30 days (triggering a mandatory court hearing within 15 days); otherwise, the court may hold a discretionary hearing within 45 days. Courts grant relief upon a preponderance finding that the movant meets the criteria, considering evidence of trafficking victimization.

This section directs the submission of three reports on the implementation of new vacatur and expungement authority for human trafficking survivors under 18 U.S.C. §3771A (as added by section 2 of this Act). (1) Not later than one year after enactment, each U.S. attorney must report to the Attorney General the number of such motions filed in their district, plus details for each on the underlying offense, the U.S. attorney's response, and the court's final determination. (2) Not later than one year after enactment, the Attorney General must report to Congress on all professional training received by U.S. attorneys on human trafficking indicators during the preceding 12-month period. (3) Not later than three years after enactment, the Comptroller General must report to Congress assessing the impact of §3771A, including the number of survivor-filed motions, court determinations, recommendations to increase access to post-conviction relief for survivors with federal records, and recommendations to improve U.S. attorney training implementation and tracking.

This section prohibits the Office of Justice Programs or the Office on Violence Against Women from prohibiting recipients of grants that may be used for legal representation from using such grants for post-conviction relief representation.

This section expresses the sense of Congress that (1) this Act is a first step to address human traffickers' use of forced criminality as a form of force, fraud, and coercion; and (2) Congress is committed to continuing to find solutions to thwart human traffickers and protect survivors.

This section establishes a human trafficking defense (new 18 U.S.C. §28) permitting a defendant charged with a covered federal offense—defined as a level A or level B offense under 18 U.S.C. §3771A—to establish duress by demonstrating they were a victim of trafficking, as defined in the Trafficking Victims Protection Act of 2000 (22 U.S.C. §7102), at the time of the offense. It further (1) requires, on motion, that records or proceedings related to the defense be placed under seal until conviction; (2) allows a failure to raise or successfully assert the defense to be used as a mitigating factor at sentencing or in post-conviction relief proceedings; and (3) prohibits such a failure from disqualifying the individual from federally funded programs aiding trafficking victims.

This section makes technical and conforming amendments to the definitions in Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) by (1) in paragraph (16), striking the cross-reference to paragraph (9) and inserting paragraph (11); and (2) in paragraph (17), striking the cross-references to paragraphs (9) or (10) and inserting paragraphs (11) or (12).