Bill Summary for S 162 (2017-2018)

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Summary date: 

Jun 15 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 162 (Public) Filed Wednesday, March 1, 2017
Intro. by Daniel, Brock, Randleman.

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Bill summary

House committee substitute deletes all provisions of 3rd edition and replaces it with AN ACT TO PROVIDE RESTORATIVE JUSTICE TO VICTIMS OF HUMAN TRAFFICKING. Changes short title to "Human Trafficking Restorative Justice." Amends GS 14-43.10, adding definition of victim as a person subjected to the practices set forth in GS 14-43.11 through 14.43.13 (moved here from GS 14-13.20). Enacts GS 14-43.15, setting forth an affirmative defense to a prosecution under this Article (Human Trafficking) that the person charged was a victim at the time of the offense and was coerced or deceived into committing the offense as a result. Enacts GS 14-43.16, creating confidentiality requirement for victims and their families. Allows exception for law enforcement investigation and criminal prosecution, medical care, housing, or family services, and by federal law or court order. Violation of this provision is a Class 3 misdemeanor. 

Amends GS 14-43.20 with conforming change. Allows judge to order restitution for victim to include medical care, psychological treatment, temporary housing, transportation, funeral services, and other related expenses.  In the case the victim cannot be located to provide restitution, provides for clerk of court to hold the funds for two years. If it has not been claimed, funds go to the Crime Victims Compensation Fund. 

Amends GS 7B-101 including in definition of abused juvenile victims of sexual trafficking

Amends GS 8C-412(d), prohibiting admittance into evidence of a record of a charge of sexual servitude unless the court finds it to be relevant. 

Above provisions are effective December 1, 2018. 

Amends GS 114-709(b), increasing members of the Human Trafficking Commission (Commission) to 15. Allows for ex officio service by the Director of the Administrative Office of the Courts, and the presidents of the North Carolina Conference of Superior Court Judges and North Carolina Association of District Court Judges. 

Directs the Commission to study human trafficking offenses and report to the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2019. 

Contains severability clause.