119-hr1379

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1379 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1379

 To provide for the vacating of certain convictions and expungement of 
 certain arrests of victims of human trafficking.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 14, 2025

 Mr. Fry (for himself, Mr. Lieu, Mrs. Wagner, and Mr. Garcia of 
 California) introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To provide for the vacating of certain convictions and expungement of 
 certain arrests of victims of human trafficking.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Trafficking Survivors Relief Act of 
2025''.

SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING.

    (a) In General.--Chapter 237 of title 18, United States Code, is 
amended by adding at the end the following:
``

Sec. 3771A. Motion to vacate; expungement; mitigating factors
 ``

    (a) 

=== Definitions. ===
-In this section--
 ``

    (1) the term `child' means an individual who has not 
 attained 18 years of age;
 ``

    (2) the term `covered prisoner' means an individual who--
 ``
        (A) was convicted of a level A offense or level B 
 offense;
 ``
        (B) was sentenced to a term of imprisonment for 
 the offense described in subparagraph
        (A) ; and
 ``
            (C) is imprisoned under such term of 
 imprisonment;
 ``

    (3) the terms `employee' and `officer' have the meanings 
 given the terms in 

section 2105 of title 5;
 ``

    (4) the term `Federal offense' means an offense that is 
 punishable under Federal law;
 ``

    (5) the term `level A offense' means a Federal offense 
 that is not a violent crime;
 ``

    (6) the term `level B offense'--
 ``
        (A) means a Federal offense that is a violent 
 crime; and
 ``
        (B) does not include a Federal offense that is a 
 violent crime of which a child was a victim;
 ``

    (7) the term `level C offense' means any Federal offense 
 that is not a level A offense;
 ``

    (8) the term `victim of trafficking' has the meaning 
 given that term in 

section 103 of the Trafficking Victims 
 Protection Act of 2000 (22 U.S.C. 7102); and
 ``

    (9) the term `violent crime' has the meaning given that 
 term in 

section 103 of the Juvenile Justice and Delinquency 
 Prevention Act of 1974 (34 U.S.C. 11103).
 ``

    (b) Motions To Vacate Convictions or Expunge Arrests.--
 ``

    (1) In general.--
 ``
        (A) Convictions of level a offenses.--A person 
 convicted of any level A offense (or an attorney 
 representing such a person) may move the court that 
 imposed the sentence for the level A offense to vacate 
 the judgment of conviction if the level A offense was 
 committed as a direct result of the person having been 
 a victim of trafficking.
 ``
        (B) Arrests for level a offenses.--A person 
 arrested for any level A offense (or an attorney 
 representing such a person) may move the district court 
 of the United States for the district and division 
 embracing the place where the person was arrested to 
 expunge all records of the arrest if the conduct or 
 alleged conduct of the person that resulted in the 
 arrest was directly related to the person having been a 
 victim of trafficking.
 ``
            (C) Arrests for level c offenses.--A person 
 arrested for any level C offense (or an attorney 
 representing such a person) may move the district court 
 of the United States for the district and division 
 embracing the place where the person was arrested to 
 expunge all records of the arrest if--
 ``
            (i) the conduct or alleged conduct of the 
 movant that resulted in the arrest was directly 
 related to the movant having been a victim of 
 trafficking; and
 ``
            (ii) 
            (I) the movant was acquitted of the 
 level C offense;
 ``
            (II) the Government did not pursue, or 
 the Government moved to dismiss, criminal 
 charges against the movant for the level C 
 offense; or
 ``
            (III) (aa) the charges against the movant 
 for the level C offense were reduced to an 
 offense that is a level A offense; and
 ``

    (bb) the movant was acquitted of the 
 level A offense, the Government did not pursue, 
 or the Government moved to dismiss, criminal 
 charges against the movant for the level A 
 offense, or any subsequent conviction of the 
 level A offense was vacated.
 ``

    (2) Contents of motion.--A motion described in paragraph

    (1) shall--
 ``
        (A) be in writing;
 ``
        (B) describe any supporting evidence;
 ``
            (C) state the offense; and
 ``
            (D) include copies of any documents showing that 
 the movant is entitled to relief under this section.
 ``

    (3) Hearing.--
 ``
        (A) Mandatory hearing.--
 ``
            (i) Motion in opposition.--Not later than 
 30 days after the date on which a motion is 
 filed under paragraph

    (1) , the Government may 
 file a motion in opposition of the motion filed 
 under paragraph

    (1) .
 ``
            (ii) Mandatory hearing.--If the 
 Government files a motion described in clause
            (i) , not later than 15 days after the date on 
 which the motion is filed, the court shall hold 
 a hearing on the motion.
 ``
        (B) Discretionary hearing.--If the Government 
 does not file a motion described in subparagraph
        (A)
            (i) , the court may hold a hearing on the motion not 
 later than 45 days after the date on which a motion is 
 filed under paragraph

    (1) .
 ``

    (4) Factors.--
 ``
        (A) Vacating convictions of level a offenses.--
 The court may grant a motion under paragraph

    (1)
        (A) if, 
 after notice to the Government and an opportunity to be 
 heard, the court finds, by a preponderance of the 
 evidence, that--
 ``
            (i) the movant was convicted of a level A 
 offense; and
 ``
            (ii) the participation in the level A 
 offense by the movant was a direct result of 
 the movant having been a victim of trafficking.
 ``
        (B) Expunging arrests for level a offenses.--The 
 court may grant a motion under paragraph

    (1)
        (B) if, 
 after notice to the Government and an opportunity to be 
 heard, the court finds, by a preponderance of the 
 evidence, that--
 ``
            (i) the movant was arrested for a level A 
 offense; and
 ``
            (ii) the conduct or alleged conduct that 
 resulted in the arrest was directly related to 
 the movant having been a victim of trafficking.
 ``
            (C) Expunging arrests for level c offenses.--The 
 court may grant a motion under paragraph

    (1)
            (C) if, 
 after notice to the Government and an opportunity to be 
 heard, the court finds, by a preponderance of the 
 evidence, that--
 ``
            (i) the movant was arrested for a level C 
 offense and the conduct or alleged conduct that 
 resulted in the arrest was directly related to 
 the movant having been a victim of trafficking; 
 and
 ``
            (ii) 
            (I) the movant was acquitted of the 
 level C offense;
 ``
            (II) the Government did not pursue, or 
 the Government moved to dismiss, criminal 
 charges against the movant for the level C 
 offense; or
 ``
            (III) (aa) the charges against the movant 
 for the level C offense were reduced to a level 
 A offense; and
 ``

    (bb) the movant was acquitted of the 
 level A offense, the Government did not pursue, 
 or the Government moved to dismiss, criminal 
 charges against the movant for the level A 
 offense, or any subsequent conviction of that 
 level A offense was vacated.
 ``

    (5) Supporting evidence.--
 ``
        (A) In general.--For purposes of this section, in 
 determining whether the movant is a victim of 
 trafficking, the court shall consider an affidavit or 
 sworn testimony of a licensed anti-human trafficking 
 service provider or clinician. The court may consider 
 any supporting evidence the court determines is of 
 sufficient credibility and probative value, including 
 sworn testimony from a law enforcement officer 
 detailing the role of the movant in coercing other 
 victims into committing Federal offenses.
 ``
        (B) Affidavit or sworn testimony sufficient 
 evidence.--The affidavit or sworn testimony described 
 in subparagraph
        (A) shall be sufficient evidence to 
 vacate a conviction or expunge an arrest under this 
 section if the court determines that--
 ``
            (i) the affidavit or sworn testimony is 
 credible; and
 ``
            (ii) no other evidence is readily 
 available.
 ``

    (6) Conviction or arrest of other persons not required.--
 It shall not be necessary that any person other than the movant 
 be convicted of or arrested for an offense before the movant 
 may file a motion under paragraph

    (1) .
 ``

    (7) Denial of motion.--
 ``
        (A) In general.--If the court denies a motion 
 filed under paragraph

    (1) , the denial shall be final, 
 subject to the discovery of any new and compelling 
 evidence or information.
 ``
        (B) Reasons for denial.--If the court denies a 
 motion filed under paragraph

    (1) , the court shall state 
 the reasons for the denial in writing.
 ``
            (C) Reasonable time to cure deficiencies in 
 motion.--If the motion was denied due to a curable 
 deficiency in the motion, the court shall allow the 
 movant sufficient time to cure the deficiency.
 ``

    (8) Appeal.--An order granting or denying a motion under 
 this section may be appealed in accordance with 

section 1291 of 
 title 28.
 ``
            (c) Vacatur of Convictions.--
 ``

    (1) In general.--If the court grants a motion to vacate a 
 conviction of a level A offense under subsection

    (b) , the court 
 shall immediately--
 ``
        (A) vacate the conviction for cause;
 ``
        (B) set aside the verdict and enter a judgment of 
 acquittal; and
 ``
            (C) enter an expungement order that directs that 
 there be expunged from all official records all 
 references to--
 ``
            (i) the arrest of the movant for the 
 level A offense;
 ``
            (ii) the institution of criminal 
 proceedings against the movant relating to the 
 level A offense; and
 ``
            (iii) the results of the proceedings.
 ``

    (2) Limitation.--Nothing in this subsection requires a 
 court to amend, impose, or remove any fine or restitution order 
 in a criminal or civil proceeding.
 ``

    (3) Effect.--If a conviction is vacated under an order 
 entered under paragraph

    (1) the conviction shall not be 
 regarded as a conviction under Federal law and the movant for 
 whom the conviction was vacated shall be considered to have the 
 status occupied by the movant before the arrest or the 
 institution of the criminal proceedings related to such 
 conviction.
 ``
            (d) Expungement of Arrests.--
 ``

    (1) In general.--If the court grants a motion to expunge 
 all records of an arrest for an offense under subsection

    (b) , 
 the court shall immediately enter an expungement order that 
 directs that there be expunged from all official records all 
 references to--
 ``
        (A) the arrest of the movant for the offense;
 ``
        (B) the institution of any criminal proceedings 
 against the movant relating to the offense; and
 ``
            (C) the results of the proceedings, if any.
 ``

    (2) Effect.--If an arrest is expunged under an order 
 entered under paragraph

    (1) the arrest shall not be regarded as 
 an arrest under Federal law and the movant for whom the arrest 
 is expunged shall be considered to have the status occupied by 
 the movant before the arrest or the institution of the criminal 
 proceedings related to such arrest, if any.
 ``

    (e) Mitigating Factors.--
 ``

    (1) In general.--The court that imposed sentence for a 
 level A offense or level B offense upon a covered prisoner may 
 reduce the term of imprisonment for the offense--
 ``
        (A) upon--
 ``
            (i) motion by the covered prisoner or the 
 Director of the Bureau of Prisons; or
 ``
            (ii) the court's own motion;
 ``
        (B) after notice to the Government;
 ``
            (C) after considering--
 ``
            (i) the factors set forth in 

section 3553

    (a) ;
 ``
            (ii) the nature and seriousness of the 
 danger to any person, if applicable; and
 ``
            (iii) the community, or any crime 
 victims; and
 ``
            (D) if the court finds, by a preponderance of the 
 evidence, that the covered prisoner committed the 
 offense as a direct result of the covered prisoner 
 having been a victim of trafficking.
 ``

    (2) Requirement.--Any proceeding under this subsection 
 shall be subject to 

section 3771.
 ``

    (3) Particularized inquiry.--For any motion under 
 paragraph

    (1) , the Government shall conduct a particularized 
 inquiry of the facts and circumstances of the original 
 sentencing of the covered prisoner in order to assess whether a 
 reduction in sentence would be consistent with this section.
 ``

    (f) Additional Actions by Court.--The court shall, upon granting 
a motion under this section, take any additional action necessary to 
grant the movant full relief.
 ``

    (g) No Fees.--A person may not be required to pay a filing fee, 
service charge, copay fee, processing fee, or any other charge for 
filing a motion under this section.
 ``

    (h) Confidentiality of Movant.--
 ``

    (1) In general.--A motion under this section and any 
 documents, pleadings, or orders relating to the motion shall be 
 filed under seal.
 ``

    (2) Information not available for public inspection.--An 
 officer or employee may not make available for public 
 inspection any report, paper, picture, photograph, court file, 
 or other document, in the custody or possession of the officer 
 or employee, that identifies the movant.
 ``
            (i) Applicability.--This section shall apply to any conviction or 
arrest occurring before, on, or after the date of enactment of this 
section.''.

    (b) Technical and Conforming Amendment.--The table of sections of 
chapter 237 of title 18, United States Code, is amended by adding at 
the end the following:

``3771A. Motion to vacate; expungement; mitigating factors.''.

SEC. 3. REPORTS.

    (a) United States Attorney Motions for Vacatur or Expungement.--Not 
later than 1 year after the date of enactment of this Act, each United 
States attorney shall submit to the Attorney General a report that 
details--

    (1) the number of motions for vacatur or expungement filed 
 under 

section 3771A of title 18, United States Code, as added 
 by 

section 2, in the district of the United States attorney; 
 and

    (2) for each motion described in paragraph

    (1) --
        (A) the underlying offense;
        (B) the response of the United States attorney to 
 the motion; and
            (C) the final determination of the court with 
 respect to the motion.

    (b) United States Attorney Training on Human Trafficking 
Indicators.--Not later than 1 year after the date of enactment of this 
Act, the Attorney General shall submit to Congress a report that 
details all professional training received by United States attorneys 
on indicators of human trafficking during the preceding 12-month 
period.
            (c) Government Accountability Office.--Not later than 3 years after 
the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that--

    (1) assesses the impact of the enactment of 

section 3771A 
 of title 18, United States Code, as added by 

section 2; and

    (2) includes--
        (A) the number of human trafficking survivors who 
 have filed motions for vacatur or expungement under 
 such 

section 3771A;
        (B) the final determination of each court that 
 adjudicated a motion described in subparagraph
        (A) ;
            (C) recommendations to increase access to post-
 conviction relief for human trafficking survivors with 
 Federal criminal records; and
            (D) recommendations for improving the 
 implementation and tracking of professional training of 
 United States attorneys on indicators of human 
 trafficking.

SEC. 4. USE OF GRANTS FOR POST-CONVICTION RELIEF REPRESENTATION.

 The Office of Justice Programs or the Office on Violence Against 
Women, in awarding a grant that may be used for legal representation, 
may not prohibit a recipient from using the grant for legal 
representation for post-conviction relief.

SEC. 5. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) this Act is a first step to address the changing 
 tactics of human traffickers, who are using forced criminality 
 as a form of force, fraud, and coercion in their human 
 trafficking enterprises; and

    (2) Congress is committed to continuing to find solutions 
 as needed to thwart human traffickers and protect survivors of 
 human trafficking.

SEC. 6. HUMAN TRAFFICKING DEFENSE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``

Sec. 28. Human trafficking defense
 ``

    (a) 

=== Definition. ===
-In this section, the term `covered Federal 
offense' means a level A offense or level B offense, as those terms are 
defined in 

section 3771A.
 ``

    (b) Presumption of Duress.--In a prosecution for a covered 
Federal offense, a defendant who establishes by clear and convincing 
evidence that the defendant was a victim of trafficking at the time at 
which the defendant committed the offense shall create a rebuttable 
presumption that the offense was induced by duress.
 ``
            (c) Record or Proceeding Under Seal.--In any proceeding in which 
a defense under subsection

    (b) is raised, any record or part of the 
proceeding related to the defense shall, on motion, be placed under 
seal until such time as a conviction is entered for the offense.
 ``
            (d) Post-Conviction Relief.--A failure to assert, or failed 
assertion of, a defense under subsection

    (b) by an individual who is 
convicted of a covered Federal offense may not preclude the individual 
from asserting as a mitigating factor, at sentencing or in a proceeding 
for any post-conviction relief, that at the time of the commission of 
the offense, the defendant was a victim of trafficking and committed 
the offense under duress.
 ``

    (e) Federal Aid.--A failure to assert, or failed assertion of, a 
defense under subsection

    (b) by an individual who is convicted of a 
covered Federal offense may not be used for the purpose of 
disqualifying the individual from participating in any federally funded 
program that aids victims of human trafficking.''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18, United States Code, is amended by adding at the 
end the following:

``28. Human trafficking defense.''.

SEC. 7. RULE OF CONSTRUCTION.

 Nothing in this Act, or the amendments made by this Act, may be 
construed to conflict with any of the crime victims' rights described 
in 

section 3771 of title 18, United States Code.
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