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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | January 7, 2022 02:19 PM |
|---|---|
| From: | Senator Katie J. Muth |
| To: | All Senate members |
| Subject: | Expanding Post Conviction Relief for Victims of Human Trafficking |
| I will soon introduce legislation that will provide greater access to post conviction relief for victims of human trafficking. Currently, trafficking victims are routinely arrested, detained, prosecuted, convicted, and, in some cases, incarcerated or deported, for crimes that occur as a result of their trafficked status. For sex trafficking victims these crimes are frequently prostitution charges, but may also include other charges such as weapons, drugs, financial crimes, and identity theft. Victims of labor trafficking may also find themselves forced into illegal activity such as drug sales or manufacturing, possession of false identification documents, or trespassing. This legislation amends section 3019 of Title 18 which allows survivors to apply to the court to expunge criminal history records related to their trafficking. This bill expands the list of offenses for which a victim may file a motion to vacate a conviction to add theft by deception and retail theft and to include contempt for any of the crimes listed in this section. The legislation also requires written notice to the District Attorney of the intent to file for relief but no longer requires the DA to sign off on the motion, giving the court exclusive authority to determine whether the conviction was relating to trafficking. Survivors of human trafficking deal with trauma, stigma and issues of criminalization even after they have escaped exploitation. Having a criminal history creates significant barriers to employment, safe housing, education, financial assistance, and so many other necessities for establishing stability and independence. We should be doing everything we can to help, not hinder, survivors of human trafficking at the very time they are trying to reclaim their lives. Please join me in supporting this important legislation. |
Introduced as SB1009