[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7137 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7137
To provide for the vacating of certain convictions and expungement of
certain arrests of victims of human trafficking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2024
Mr. Fry (for himself, Mr. Lieu, Mrs. Wagner, Mr. Robert Garcia of
California, Mr. Donalds, Mr. Langworthy, Mr. Moore of Alabama, Mr.
Timmons, Ms. Mace, Mr. Wilson of South Carolina, Mr. LaTurner, Mrs.
Houchin, Mr. Kean of New Jersey, Mrs. Miller of Illinois, Mr. Rouzer,
and Ms. Jackson Lee) 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
2024''.
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. 3772. 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
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 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
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 dismiss criminal charges against the movant
for the level A offense, or any subsequent
conviction of that level A offense was vacated.
``(5) Other evidence.--
``(A) In general.--For purposes of this section, in
determining whether the movant is a victim of
trafficking, the court may consider any other evidence
the court determines is of sufficient credibility and
probative value, including an affidavit or sworn
testimony of the movant.
``(B) Affidavit or sworn testimony of movant
sufficient evidence.--The affidavit or sworn testimony
of the movant 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 without
prejudice.
``(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;
``(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; and
``(D) return to the movant any fine, fee, cost, or
restitution associated with the conviction and paid by
the movant.
``(2) 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:
``3772. 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 3772 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 3772 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 3772;
(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 Again