SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING.

View NCGA Bill Details2013-2014 Session
Senate Bill 683 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT.
Intro. by Goolsby, Barringer, Kinnaird.

Status: Ch. SL 2013-368 (Senate Action) (Jul 29 2013)

Bill History:

S 683/S.L. 2013-368

Bill Summaries:

  • Summary date: Jul 30 2013 - More information

    AN ACT TO CREATE A SAFE HARBOR FOR VICTIMS OF HUMAN TRAFFICKING AND FOR PROSTITUTED MINORS, MODIFY THE MEMBERSHIP OF THE NORTH CAROLINA HUMAN TRAFFICKING COMMISSION, AND PROVIDE FOR PAROLE CONSIDERATION OF CERTAIN INMATES SENTENCED UNDER THE FAIR SENTENCING ACT. Enacted July 29, 2013. Section 20 is effective July 29, 2013. The remainder is effective October 1, 2013.


  • Summary date: Jul 23 2013 - More information

    Conference report makes the following changes to the 5th edition.

    Deletes proposed subsection GS 14-204(c), Deferred Prosecution for Minors, and (d) and replaces it with language providing for immunity from prosecution for minors, which provides that if it is determined, after a reasonable detention for investigative purposes, that a person suspected or charged with a violation of GS 14-204 is a minor, that minor will be immune from prosecution under this section and instead will be taken into temporary protective custody as an undisciplined juvenile pursuant to Article 19 of GS Chapter 7B. Requires a law enforcement officer that takes a minor into custody under this section to immediately report an allegation of a violation of GS 14-43.11 and GS 14-43.13 to the director of the social services in the county where the minor resides or is found, upon which an investigation into child abuse or child neglect must begin with 24 hours.

    Deletes proposed changes and new language in GS 15A-622, Formation and organization of grand juries; other preliminary matters, and replaces them with new subsection GS 15A-622(i), which provides that an investigative grand jury can be convened pursuant to GS 15A-622(h) if the petition alleges the commission of, attempting to commit or solicitation to commit, or a conspiracy to commit a violation of GS 14-43.11 (human trafficking), GS 14-43.12 (involuntary servitude), or GS 14-43.13 (sexual servitude).


  • Summary date: Jun 27 2013 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Redefines the offense of human trafficking (GS 14-43.11), involuntary servitude (GS 14-43.12), and sexual servitude (GS 14-43.13) to provide punishment for persons who act knowingly or in reckless disregard of the consequences of their actions (was,knowingly or inreckless disregard of the fact). Also amends GS 14-43.11to also define as human trafficking willfully (was, knowingly) or in reckless disregard of the consequences of the action causing a minor to be held in involuntaryservitude or sexual servitude.Restores current law, amended in a previous edition,whichprovides that if the victim is an adult,a violation of GS 14-43.11 (human trafficking)or aviolation of GS 14-43.12 (involuntary servitude)is a ClassF felony (was, Class E). Makes a violation of GS 14-43.13 (sexual servitude) a ClassD felony (was, ClassE) if the victim is an adult.

    Removes GS 14-203, defining terms in Article 27 (prostitution) of GS Chapter 14, and GS 14-204, identifying prostitution and certain acts abetting prostitution as unlawful, from the list ofstatutes repealed in the previous edition.

    Makes an organizational change, amending GS 14-203 instead of enacting a new GS 14-203.1. Deletesthe definitions under current law forprostitution and assignation.Redefines prostitutionto meanoffering or agreeing to performor performing vaginal intercourse, any sexual act as defined in GS 14-27.1 [was, GS 14-27.1(4)], or any sexual contact as defined in GS 14-27.1 [was, GS 14-27.1(5)] for the purpose of sexual arousal or gratification for money or other consideration. Recodifies provisions (Definitions) of previously proposed GS 14-203.1 as GS 14-203 (Definition of terms). Provides that advance prostitution includes granting or permitting the use of a place under circumstances from which a person should (was, could) reasonably know that the place is used or is to be used for the purpose of prostitution.

    Makes an organizational change, amending GS 14-204 instead of enacting a new GS 14-203.2. Makes the catch line Prostitution (was, Prostitution and various acts abetting prostitution unlawful). Deletes all of the provisions under current law.

    Makes willfully (was, knowingly) engaging in prostitution a Class 1 misdemeanor. Provides that regardless of the provisions of GS 15A-1431(a1) (Deferred Prosecution), the prosecution of a16- or 17-year-old minor charged with a misdemeanor under this section but not previouslyconvicted or placed on probation for violating this section must be deferred under Article 82 of GS Chapter 15A. Also provides that any 16- or 17-year-old minor charged with a second or subsequent misdemeanor offense under this section may be considered for deferred prosecution, (was, provided for immunity from prosecution for aminor and placement of the minor into temporaryprotective custody as an undisciplined juvenile under Article 19 of GS Chapter 7B).

    Provides that a minor taken into custody by a law enforcement officer who reports an allegation of a violation of GS 14-43.11 or GS 14-43.13 to the director of social services in the county where the minor resides or is found must be held in nonsecure custody or placed in specialized housing if available pendinga department of social services investigation into child abuse or child neglect.

    Makes an organizational change,enacting new GS 14-205.1 (was, GS 14-203.3). Makes it a Class H felony (was, Class I) for a second or subsequent offense of soliciting another person for prostitution. Makes it a Class G felony (was, Class C) for any person age 18 or older to willfully solicit (was, solicit) a minor for prostitution. Makes it a Class E felony (was, Class C) for any person to willfully solicit a person who is severely and profoundly mentally disabled for the purpose of prostitution. Provides that punishment under this section may include participation in "John School," a program devised for the education and prevention of sexual exploitation, where available. Makes a person who violates this section ineligible for a disposition of prayer for judgment continued under any circumstances.

    Makes an organizational change, enacting new GS 14-205.2 (was, GS 14-203.6). Provides that except as provided in subsections (c), making it a Class F felonyfor a person 18 years of age or older to patronize a prostitute who is a minor, and (d), making a violation of this section a Class D felony if the prostitute is a severely or profoundly mentally disabled person, a first violation under this section is a Class A1 misdemeanor. Makes a second or subsequent violation a Class G felony unless a higher penalty applies. Makes conforming changes,deleting references to subdivisions (4) and (5) of GS 14-27.1 to reflect amendments in this act to GS 14-203.

    Makes an organizational change, enacting new GS 14-205.3 (was, GS 14-203.4 and GS 14-203.5). Amends subsection (b) to provide that any person who willfully (was, knowingly) performs any of the specified actscommits the offense ofpromoting prostitution of a minor or mentally disabled person. Clarifies that profiting from prostitution includes receiving a portion of the earnings from a prostitute for arranging or offering to arrange a situation in which a person may engage in prostitution. Provides that mistake of age is not a defense to a prosecution under subsection (b).

    Makes a violation of GS 14-205.3(b), promoting prostitution of a minor or a mentally disabled person, undersubdivision (1), advancing prostitution, or (2), profiting from prostitution, a Class D felony (was, Class B2)unless a higher penalty applies. Makes a violation of subdivision (3) of subsection (b) a Class C felony (was, Class B1). Makes it a Class C felony (was, Class B1) for a violation of subsection (b) of this section by any person with a previous conviction for a violation of this section or a violation of GS 14-204 (prostitution), GS 14-204.1 (solicitation of prostitution), and GS 14-204.2 (patronizing a prostitute). Makes a violation by any person under subsection (a) with a previousconviction underthis section orunder GS 14-204 (prostitution), GS 14-204.1 (solicitation of prostitution), and GS 14-204.2 (patronizing a prostitute) a Class E felony (was, Class C).

    Deletes GS 14-203.7, regarding patronizing a minor or mentally disabled person engaged in prostitution. Makes an organizational change, enactingnew GS 14-205.4 (was, GS 14-203.10) regarding certain probation conditions. Clarifies that the court may order any convicted defendant to be examined for sexually transmitted infections (was, examined for venereal disease) and that the period of probation may begin only under terms and conditions to prevent the spread of the infection.

    Amends new GS 15A-145.6 to define prostitution offense as a conviction for an offensein violation of GS 14-204or engaging in prostitution in violation of GS 14-204(7) for an offense occurring before October 1, 2013 (was, before December 1, 2013). Deletes an offense that includes assault as an essential element of the offense from the definition for violent felony or violent misdemeanor.

    Amends the definition for abused juveniles in GS 7B-101(1),citing promoting the prostitution of a juvenile to GS 14-205.3(b) as enacted in this act (was, GS 14-190.18).

    Amends new GS 14-43.20(b) to direct the court, at a minimum, to order restitution equal to the value of the victim's labor under the Minimum Wage Law, including overtime standards of the Fair Labor Standards Act (FLSA). Provides that thejudge may also order any other amount of loss identified in the action, including the gross income or value to the defendant of the victim's labor or service (was, directed the court to order restitution, in addition to any other amount of loss identified, including the greater of (1)the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and the FLSA's overtime provisions, whichever is greater).

    Amends GS 14-208.6(5) to make conforming changes to the definition of sexually violent offense. Deletes changes to GS 15A-830(a)(7), defining victim. Deletes changes to GS 90-210.25B(b) defining the term sexual offense against a minor. Deletes changes to GS 114-15(b1), regarding the authority of the State Bureau of Investigation to investigate specified crimes. Makes conforming changes to GS 115C-296(d)(92) regarding the State Board of Education's authority to automatically revoke a teacher's license without the right to a hearing for conviction or a plea of guilty orno contestfor certain crimes. Makes additional conforming changes to correct references to statutes repealed or enacted bythis act.

    Amends GS 15A-1371(a) to provide that a prisoner sentenced under the Fair Sentencing Act for a ClassD through a Class J felony who meets statutory criteria and who has completed at least 20 years of imprisonment is eligible for consideration for parole. Effective when this act becomes law.

    Amends GS 15A-622 to provide for the convening of an investigative grand jury when a petition alleges human trafficking, involuntary servitude, sexual servitude, and other specified violations of the state's criminal laws.

    Codifies Section 15.3A of SL 2012-142, establishing the North Carolina Human Trafficking Commission in the Department of Justice, as GS 143A-55.10. Amends this section as follows: (1) addsLegal Aid of North Carolina tothe list of entities from whichthe President Pro Tempore is to appoint representatives; (2) adds the North Carolina Coalition Against Human Trafficking, a faith-based shelter or benefits organization providing services to victims of human trafficking, and a district attorney to the list of persons or entities from which the Speaker of the House of Representatives is toappoint representatives (removes a county sheriff's department and a city or town policy department); (3) directs the Governor to appoint one representativeeach from the Departments of Labor, Justice, and Public Safety and a health care representative (was, one representative from the public at large; and(4) removes the ex officio members from the Commission (was, Secretaries of Public Safety, Administration, Labor, Health and Human Services, and the NC Attorney General).

    Provides that members are to serve two-year terms, are not prohibited from beingreappointed, andany appointed member is to serve until the member's successor is appointed and qualified (was, members were to serve until the Commission terminated). Providesthat the Governor is to appoint thechair biennially.Directs the Department of Justice to provide office space in Raleigh for use by the commission. Directs the Attorney General to allocate monies to fund the work of the Commission from the funds available to the Department of Justice. Deletes provision terminating the Commission as of December 31, 2014.

    Except as otherwise indicated, provides that this act becomes effective October 1, 2013 (was, December 1, 2013)and applies to offenses committed on or after that date.

    Amends the act's title.


  • Summary date: Jun 27 2013 - More information

    House amendment makes the following change to the 4th edition. Removes the requirement that the Department of Justice provide office space in Raleigh for the use of the North Carolina Human Trafficking Commission.


  • Summary date: May 13 2013 - More information

    Senate amendment to the 2nd edition makes the following changes.

    Amends GS 14-203.7, Patronizing a minor or mentally disabled person engaged in prostitution, deleting language which provided for an affirmative defense to the charge for reasonable belief that the person was age 18 or over or was not severely or profoundly mentally disabled. Makes conforming changes.

    Amends GS 15A-1416.1, Motion by the defendant to vacate prostitution conviction for sex trafficking victim,  providing that a motion for appropriate relief (MAR) seeking to vacate a conviction for prostitution based on the grounds set out in GS 15A-1415(b)(10) must be filed in the court where the conviction occurred (previously, provided that the Court of Appeals had jurisdiction to hear an MAR).

     


  • Summary date: May 13 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 14-203.1, Definitions, making a technical change to the definition for advance prostitution. Adds prostitute and prostitution as new terms.  Deletes the term and definitions for sexual act. Amends GS 14-203.2, Prostitution, providing that any person who knowingly engages in prostitution is guilty of a Class I misdemeanor.

    Amends GS 14-203.2 to provide for conditional discharge for a first offender (was, deferred prosecution). Sets out the requirements and conditions for conditional discharge, the same as previously set out for deferred prosecution in the previous edition. Establishes that discharge and dismissal under this subsection will not be considered as a conviction for the purposes of structured sentencing or for purposes of disqualifications or disabilities imposed by law when convicted of a crime. Minors suspected of or charged with a violation are to be taken into temporary protected custody as undisciplined juveniles under Article 19, GS Chapter 7B.

    Amends GS 14-203.3, renaming subsection to Solicitation of prostitution (was, Solicitation of a sexual act), deleting the language of the previous edition. Establishes that any person who solicits another for the purpose of prostitution is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second or subsequent offense.  Provides that solicitation of a minor, by anyone 18 years or older, for the purpose of prostitution is a Class C felony and solicitation of a person who is severely or profoundly mentally disabled for the purpose of prostitution is a Class C felony. Makes technical and clarifying changes to the sentencing guidelines of the subsection.

    Amends GS 14-203.5, renaming subsection to Promoting prostitution of a minor or mentally disabled person, (was, Promoting prostitution of a minor). Provides that administering drugs or alcoholic intoxicants to a minor or mentally disabled person is without consent if without consent of parent or legal guardian or is performed or permitted (was, performed) by the parent or guardian for other than medical purposes. Amends the forefeiture portion of the statute so that it includes prostitution of a mentally disabled person in the provisions for this section, which previously only applied to prostitution of a minor. Makes clarifying, technical, and conforming changes.

    Amends GS 14-203.6, Patronizing a prostitute, establishing that any person who knowingly performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:

    1. Engaging in vaginal intercourse, any sexual act as found in GS 14-27.1(14), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification, with a prostitute.
    2. Entering or remaining in a place of prostitution with intent to engage in vaginal intercourse, any sexual act in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification.

    Makes technical and clarifying changes to the sentencing guidelines of the subsection.

    Deletes Section 6 of the previous act, which proposed a new subsection GS 14-203.15, Vehicle impoundment.

    Amends GS 14-203.7, renaming subsection to Patronizing a minor or mentally disabled person engaged in prostitution, (was, Patronizing a minor engaged in prostitution).  Amends the definition of the offense, providing that any person, 18 years of age or older, that engages in vaginal intercourse, any sexual act as defined in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification with a prostitute that is a minor commits the offense of patronizing a minor engaged in prostitution. Similarly, any person that engages in vaginal intercourse, any sexual act as defined in GS 14-27.1(4), or any sexual contact as defined in GS 14-27.1(5) for the purpose of sexual arousal or gratification with a prostitute that is a severely or profoundly mentally disabled person commits the offense of patronizing a mentally disabled person in prostitution. Makes conforming and clarifying changes.

    Amends GS 14-203.10, Certain probation conditions, making a technical change.

    Amends GS 15A-290(c)(1), making conforming changes.

    Enacts new subsection GS 15A-1341(a3), defining deferred prosecution for prostitution, providing that a defendant whose prosecution is deferred pursuant to GS 14-203.2(b) may be placed on probation as provided in this Article.

    Amends GS 15A-1342(a1), making conforming changes.

    Amends GS 15A-1415(b), making a technical and clarifying change.

    Amends GS 15A-1461.1, Motion by the defendant to vacate prostitution conviction for sex trafficking victim, providing that the court can grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking or sexual servitude (previously, only included human trafficking). Makes a clarifying change.

    Amends GS 15A-145.6, Expunctions for certain defendants convicted of prostitution, changing the definition of a prostitution offense to a conviction for (1) a violation under GS 14-203.2 or (2) engaging in prostitution in violation of GS 14-204(7) for an offense that occurred prior to December 1, 2013. Makes a clarifying change. Amends criteria for expunction to establish that a person can meet one of the following new criteria and qualify to submit a petition if other existing criteria are met: (1) have no prior convictions for a prostitution offense and at least three years has passed since the date of conviction or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later; (2) the person received a conditional discharge pursuant to GS 14-203.3(b); or (3) participation in the offense was a result of being a trafficking victim under specified statutes or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act. Deletes the requirement that a petition for expunction cannot be filed earlier than three years after the person has served the full sentence imposed on the person.  Deletes language that required the district attorney to make his or her best efforts to contact the victim, if any, to notify the victim of the request for expunction prior to the date of the hearing. Makes a clarifying change. Amends requirements, that if met, requires the court to restore the person to the status occupied prior to the arrest or indictment, providing that the petitioner has to remain of good moral character and be free of conviction of any felony or misdemeanor, other than a traffic violation, since the date of the conviction of the prostitution offense in question (previously, required a three year clean period from the date of the conviction).

    Amends GS 15A-150(a), providing that the clerk of superior court must file with the AOC, as soon as practicable, the names of persons granted a conditional discharge under GS 14-203.2.

    Amends GS 15A-151(a), making conforming changes, adding references to new GS 15A-145.6, which provides for expunction, establishing to whom information about the specified expunctions can be disclosed.

    Amends GS 7B-101(1)(d), making a conforming change.

    Amends GS 14-208.6(5), GS 90-210.25B(b), and GS 115C-296(d)(2), discarding changes from the previous edition that deleted language referencing repealed sections GS 14-190.18 and GS 14-190.19, now referencing the sections as former GS 14-190.18 and former GS 14-190.19. Makes conforming changes, adding mentally disabled person to references to GS 14-203.5 and GS 14-203.7.

     

     


  • Summary date: May 9 2013 - More information

    Senate committee substitute to the 1st edition makes changes to be summarized.


  • Summary date: Apr 5 2013 - More information

    Amends GS 14-43.11, (Human trafficking), providing that a person commits human trafficking when they (i) knowingly or in reckless disregard of the fact, recruits, entices, harbors, transports, provides, or obtains by any means another person with the intent that the other person be held in involuntary servitude or sexual servitude (previously, offense committed only when elements were knowingly committed) or (ii) knowingly or in reckless disregard of the fact causes a minor to be held in involuntary servitude or sexual servitude (previously, there was not a separate element for minors). Provides that a violation of the above is a Class E felony (was, Class F) if the victim is an adult. Establishes that a mistake of age or consent of a minor is not a defense to prosecution.

    Amends GS 14-43.12, (Involuntary servitude), providing that a person commits the offense of involuntary servitude when that person knowingly and willfully or in reckless disregard holds another in involuntary servitude (previously, reckless disregard was not a qualifying element of the crime). Provides that a violation of the above is a Class E felony (was, Class F) if the victim is an adult. Establishes that a mistake of age or consent of a minor is not a defense to prosecution.

    Amends GS 14-43.13, (Sexual servitude), providing that a person commits the offense of sexual servitude when that person knowingly or in reckless disregard subjects or maintains another in sexual servitude (previously, reckless disregard was not a qualifying element of the crime). Provides that a violation of the above is a Class E felony (was, Class F) if the victim is an adult. Establishes that a mistake of age or consent of a minor is not a defense to prosecution.

    Repeals GS 14-190.18, (Promoting prostitution of a minor), GS 14-190.19 (Promoting prostitution of a minor), GS 14-203 (Definition of terms), GS 14-204 (Prostitution and various acts abetting prostitution), GS 14-204.1 (Loitering for the purpose of engaging in prostitution offense), GS 14-205 (Prosecution; in what courts), GS 14-207 (Degrees of guilt) and GS 14-208 (Punishment; probation; parole).

    Recodifies GS 14-206 (Reputation and prior conviction admissible as evidence) as GS 14-203.9.

    Amends GS 14, Article 27, adding multiple new sections.

    Enacts GS 14-203.1, (Definitions), providing the terms and definitions to be used in Article 27, including advance prostitution, minor, profit from prostitution, and sexual act.

    Enacts new GS 14-203.2, (Prostitution), defining the offense of prostitution as having been committed by any person who knowingly performs, offers, or agrees to perform any sexual act for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification.

    A violation of this results in a Class 1 misdemeanor.  A first time offender will automatically receive deferred prosecution and probation in the amount of 12 months, further proceedings will be deferred until the conclusion of the 12 months probation. Provides the conditions of probation, including, attending no fewer than 10 counseling sessions by an approved program.  The court can also set other conditions as it sees fit, including but not limited to requiring payment of a fine and court costs.  If probation is successfully fulfilled, the court will discharge the person and dismiss the proceedings against them. Provides that when a person charged with this offense is deemed a minor, they are immune from prosecution and instead are subject to temporary custody provisions in GS 7B-1900, 7B-1901,and 7B-1905.

    New GS 14-203.3, (Solicitation of a sexual act), defines the offense of solicitation as having been committed when a person offers not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any sexual act, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification. A violation of this results in a Class F felony. However, solicitation of a sexual act from a minor or who is severely or profoundly mentally disabled is a Class C felony.

    New GS 14-203.4, (Promoting prostitution), defines the offense of promoting prostitution as any person who knowingly performs any of the following acts: (1) Advances prostitution as defined in GS 14-203.1. (2) Profits from prostitution by doing any of the following: a. Compelling a person to become a prostitute. b. Arranging or offering to arrange a situation in which a person may practice prostitution. c. Any means other than those described in sub-subdivisions above, including from a person who patronizes a prostitute. This sub-subdivision does not apply to minors engaged in prostitution. A person cannot be convicted of promoting prostitution under this sub-subdivision if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under GS 14-203.2.

    Establishes different sentencing and punishment levels in regards to how a person is determined to have promoted prostitution in regards to the above described varying acts, including but not limited to, a violation of GS 14-203.4(a)(1) is a class F felony or a Class C felony if committed within 1,000 feet of a school.

    New GS 14-203.5, (Promoting prostitution of a minor), defines the offense of promoting prostitution of a minor as any person who knowingly performs any of the following acts:

    (1) Advances prostitution as defined in GS 14-203.1, where the minor engaged in prostitution, or any person engaged in prostitution in the place is a minor or is severely or profoundly mentally disabled at the time of the offense. (2) Profits from prostitution by any means where the prostituted person is a minor or is severely or profoundly mentally disabled at the time of the offense. (3) Confines a minor or a severely or profoundly mentally disabled person against the person's will by the infliction or threat of imminent infliction of great bodily harm, permanent disability, or disfigurement or by administering to the minor or severely or profoundly mentally disabled person, without the person's consent or by threat or deception and for other than medical purposes, any alcoholic intoxicant or a drug as defined in GS 90, Article 5 (North Carolina Controlled Substances Act) and does any of the following: a. Compels the child or severely or profoundly mentally disabled person to engage in prostitution. b. Arranges a situation in which the child or severely or profoundly mentally disabled person may practice prostitution. c. Profits from prostitution by the child or severely or profoundly mentally disabled person.

    Establishes different sentencing and punishment levels in regards to how a person is determined to have promoted prostitution of a minor in regards to the above described varying acts, including but not limited to, a violation of GS 14-203.5(a)(1) is a Class B2 felony or a Class B1 felony if committed within 1,000 feet of a school. Provides that any person convicted of a violation of this section that involves promoting prostitution of a minor by keeping a place of minor prostitution or convicted of a violation of GS 14-103.5(a)(3) is subject to the property forfeiture provisions in GS 14-2.3.

    New GS 14-203.6, (Patronizing a prostitute), defines the offense as having been committed by any person who knowingly performs any of the following acts with a person not his or her spouse: (1) Engages in a sexual act with a prostitute. (2) Enters or remains in a place of prostitution with intent to engage in a sexual act. (3) Engages in any touching or fondling with a prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification.

    Establishes different sentencing and punishment levels in regards to how a person is determined to have patronized a prostitute in regards to the above described varying acts, including but not limited to, a violation of any of the above is a Class F felony or a Class C felony if committed within 1,000 feet of a school.

    GS 14-203.7, (Patronizing a minor engaged in prostitution), any person who does any of the following commits the offense of patronizing a minor engaged in prostitution: (1) Engages in a sexual act with a person engaged in prostitution that is a minor or is a severely or profoundly mentally disabled person. (2) Engages in any touching or fondling, with a person engaged in prostitution that is either a minor or is a severely or profoundly mentally disabled person, of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification.

    Establishes an affirmative defense to the charge, reasonably believing the person was of an age of 18 years or older or was not severely/profoundly mentally disabled at the time of the charge is an affirmative defense to the charge.

    A person who commits patronizing a minor engaged in prostitution is guilty of a Class C felony, unless committed within 1,000 of a school, then it is a Class B2 felony. It is also a Class B2 felony to commit a subsequent violation or of any combination of such number of convictions under the statute and specified other statutes.

    New GS 14-203.10, (Certain probation conditions), provides that a person that is convicted of a crime under this Article and receives a sentence which includes probation, and that person has a venereal disease, the period of probation can only commence on terms and conditions that ensure medical treatment and prevent the spread thereof. Also provides that no a girl or woman convicted under this Article can be placed on probation in the care or charge of any person except a woman probation officer.

    New GS 14-203.15, (Vehicle impoundment), provides that a law enforcement officer can tow and impound any vehicle used by the person who committed a crime under this Article and used that vehicle in the commission of the offense.  Fees are authorized in the amount of $1,000. Provides for the distribution of the funds received by this section. As well as the recoupment of those fees upon acquittal of all of the offenses connected to the impoundment.

    Amends GS 15A-290(c)(1), adding GS 14-43.11 (Human trafficking), GS 14-43.12 (Involuntary servitude), GS 14-43.13 (Sexual servitude), GS 14-203.5 (Promoting prostitution of a minor), and GS 14-203.7 (Patronizing a minor engaged in prostitution), providing that these are offenses for which orders for electronic surveillance may be granted.

    Adds new subdivision GS 15A-1415(b)(10), providing that the following are grounds upon which the defendant may assert a motion for appropriate relief (MAR) made more than 10 days after entry of judgment: The defendant was convicted of a first offense of misdemeanor prostitution under GS 14-203.2 and prosecution of the offense was not deferred pursuant to GS 14-203.2(c); the defendant's participation in the offense was a result of having been a victim of human trafficking under GS 14-43.11, sexual servitude under GS 14-43.13, or the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)); and the defendant seeks to have the conviction vacated.

    Amends GS Chapter 15A, Article 89 by adding a new section, GS 15A-1416.1, (Motion by the defendant to vacate prostitution conviction for sex trafficking victim), providing that the Court of Appeals has jurisdiction to hear a MAR filed pursuant to the grounds in GS 15A-1415(b)(10). Provides rules for filing MARs and what they must state and contain in order to be considered. Also establishes that the court may grant the MAR if, within their discretion, the violation was a result of the defendant having been a victim of human trafficking. Provides a list of documents which would constitute evidence of such, and provides that the court can consider other evidence as it deems to have sufficient credibility and probative value in regards to the determination. A granted MAR under this section requires the court to vacate the conviction and allows the court to take such additional action as is appropriate.

    Adds new subdivision GS 15A-145.6, (Expunctions for certain defendants convicted of prostitution), providing the terms and definitions to be used in this section, including, prostitution offense and violent felony or violent misdemeanor. Allows a person who pleads guilty or was found guilty of a prostitution offense to file a petition in court, where the conviction occurred, for expunction of the offense provided that they meet the following criteria:

    (1) The person has not previously been convicted of any violent felony or violent misdemeanor under the laws of the United States or the laws of this State or any other state.

    (2) The person satisfies any one of the following criteria:

    a. The person's participation in the prostitution offense was a result of  having been a trafficking victim under GS 14-43.11 (human trafficking) or GS. 14-43.13 (sexual servitude) or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)).

    b. The person was less than 18 years old at the time that the person committed the offense.

    c. The person was sentenced under the deferred prosecution provisions in GS. 14-203.2 and is eligible to apply for an expunction under GS. 14-203.2(c).

    Petition may not be filed earlier than three years after serving the full sentence. Provides the rules for filing such petitions and what they must state and contain in order to be considered. The petitions are to be served on the district attorney (DA) of the convicting court. The DA has 30 days thereafter to file any objection. The DA must make his/her best effort to contact the victim in order to notify them of the expunction request.  Provides the specified steps and issues that will be followed by the court in rendering a decision on the petition. Orders the court to restore the person to the status occupied prior to the  arrest or indictment if the court finds specified requirements are met, including but not limited to, the petitioner has no outstanding warrants or pending criminal cases, and the criteria set out in subsection (b) of this section are satisfied.  Provides other effects and requirements that must take place after a petition for expunction is granted, for example, the court will order that the conviction of the prostitution offense be expunged from the records of the court and direct all law enforcement agencies to do the same.

    Amends GS 15A-13.40.16(d) adding the following to a list of aggravating factors for use in GS Chapter 15A, Article 81B (Structured Sentencing of Persons Convicted of Crimes): the offense is a violation of GS 14-43.11 (human trafficking), GS 14-43.12 (involuntary servitude), or GS 14-43.13 (sexual servitude) and involved multiple victims; the offense is a violation of GS 14-43.11 (human trafficking), GS 14-43.12 (involuntary servitude), or GS 14-43.13 (sexual servitude) and the victim suffered serious injury as a result of the offense.

    Amends GS 15B-2(Definitions) of Article 1 (Crime victim's compensation act), adding the following classification to the definition of a "claimant"  -  "a person who was convicted of a first offense under GS 14-203.2 and whose participation in the offense was a result of having been a trafficking victim or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act". Also provides that a claimant cannot be the offender or an accomplice of the offender, except as provided in sub-subdivision (e) of this subdivision (previously, no language referring to sub-subdivision (e) was included).

    Amends GS 7B-101 (Definitions), as it pertains to Abuse, Neglect, Dependency, to make conforming changes. Adds the following classification to the definition for "abused juveniles" - which is any juvenile less than 18 years old whose parents, guardian, custodian, or caretaker:  "commits or allows to be committed an offense under GS 14-43.11 (human trafficking), GS 14-43.12 (Involuntary servitude), or GS 14-43.13 (sexual servitude against the child)."

    Amends GS Chapter 14, Article 10A by adding a new section GS 14-43.20, (Mandatory restitution; victim services; forfeiture), providing that restitution is mandatory under this Article for a victim. For the purposes of this section a "victim" is an individual subjected to the practices set out in  GS 14-43.11, GS 14-43.12, or GS 14-43.13. Provides that in addition to any other amount of loss identified, the court will order restitution including the greater of: (1)the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law.

    Provides that the Department of Health and Human Services can provide or fund emergency services and assistance to those who are victims of offenses under GS 14-43.11, GS 14-43.12, or GS 14-43.13. Also includes a certification clause requiring that the Attorney General, a district attorney, or any law enforcement official will certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Article for a violation of GS 14-43.11, GS 14-43.12, or GS 14-43.13. has begun and the individual who is a likely victim of one of those crimes is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible, to qualify for an appropriate special immigrant visa and to access federal benefits. Cooperation with law enforcement is not required of victims who are under 18 years of age. This certification will be made available to the victim and the victim's designated legal representative. Provides that specified property forfeiture provisions are applicable.

    Amends the introductory language in GS 14-190.13, making conforming and technical changes.

    Amends GS 14-208.6(5), 15A-830(a)(7), GS 90-210.25B(b), GS 114-15(b1), and GS 115C-296(d)(2) making conforming changes.

    Effective December 1, 2013, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.


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