Bill > H1325

This bill modifies existing laws to better protect victims of human trafficking and children in abuse cases. It raises the age of a child victim whose out-of-court statement describing abuse or sexual offenses can be admitted as evidence in court from 16 to 18 years old, ensuring statements from older minors are treated similarly to those of younger children. The bill also establishes a process for victims of human trafficking to have their criminal records expunged, meaning they can have arrests and convictions related to their victimization removed from their official records. This expungement is considered a vacation of the conviction due to a defect in the original proceedings, and victims have a period to seek this relief. The bill clarifies that official documentation of a person's status as a human trafficking victim creates a presumption that their criminal activity was a result of their victimization, though this documentation is not strictly required for expungement, with a higher standard of proof needed in its absence. It also allows for electronic appearances in court for petitioners and their attorneys and mandates the physical destruction of expunged records, with exceptions for certain employment or legal proceedings, and clarifies that denying or failing to acknowledge expunged arrests is lawful and does not constitute perjury or create liability. Finally, the bill includes an appropriation of funds to the Department of Law Enforcement to cover programming costs associated with these changes.