The bill aims to provide legal protections for minor defendants who are also victims of human trafficking by amending the Human Trafficking Act of 2013. It establishes a legislative intent for courts to consider a minor's status as a trafficking victim before transferring their case to the criminal division or imposing a sentence. The bill introduces an affirmative defense for minors under 18 charged with nonviolent criminal offenses, allowing them to argue that their actions were a direct result of being victims of trafficking. Additionally, it expands the definition of trafficking offenses and clarifies that the lack of knowledge regarding a victim's age is not a defense for certain trafficking-related crimes.
Furthermore, the bill mandates that courts consider various factors, including a juvenile's exposure to adverse childhood experiences and their status as a trafficking victim, when determining sentencing or designating a juvenile as an extended juvenile jurisdiction offender. It also adds a new section to the Arkansas Code that requires courts to take into account the differences between juvenile and adult offenders, emphasizing the diminished culpability of juveniles. Overall, the bill seeks to create a more compassionate legal framework for minors entangled in the criminal justice system due to their victimization.
Statutes affected: Old version SB620 V2 - 4-14-2025 02:29 PM: 5-2-210, 16-90-1101, 5-18-103, 04-14-2025, 5-37-201, 5-37-216, 5-70-101, 5-68-305, 5-64-401, 5-18-103(a), 9-27-318(g), 9-27-503(c)
Old version SB620 Original - 4-3-2025 12:55 PM: 5-2-210, 5-18-103, 5-37-201, 5-37-216, 5-70-101, 5-68-305, 5-64-401, 5-18-103(a), 9-27-318
SB 620: 5-2-210, 5-18-103, 5-37-201, 5-37-216, 5-70-101, 5-68-305, 5-64-401, 5-18-103(a), 9-27-318
Act 1003: 5-2-210, 16-90-1101, 5-18-103, 04-14-2025, 5-37-201, 5-37-216, 5-70-101, 5-68-305, 5-64-401, 5-18-103(a), 9-27-318(g), 9-27-503(c)