S.Amdt. 272

1. Adds SEC. ___. FEDERAL CRIMINAL PROCEDURE POST-CONVICTION RELIEF FOR VICTIMS OF TRAFFICKING on page 95, line 18

   Adds a sectionPrinted page

   Inserted: SEC. ___. FEDERAL CRIMINAL PROCEDURE POST-CONVICTION RELIEF FOR VICTIMS OF TRAFFICKING.

   Inserted: (a) In General.--Chapter 237 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 3772. Motion to vacate; expungement; motion to dismiss

   Inserted: "(a) Definitions.--In this section--

   Inserted: "(1) the term 'eligible entity' includes--

   Inserted: "(A) a legal aid society or legal services organization that provides indigent legal services;

   Inserted: "(B) a nonprofit organization that provides legal services to victims of trafficking; and

   Inserted: "(C) a public defender's office;

   Inserted: "(2) the terms 'employee' and 'officer' have the meanings given the terms in section 2105 of title 5; and

   Inserted: "(3) the term 'victim of trafficking' has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

   Inserted: "(b) Motion to Vacate.--

   Inserted: "(1) In general.--A person convicted of any offense against the United States may move the appropriate district court of the United States to vacate the judgment of conviction if the offense was committed as a direct result of the person having been a victim of trafficking.

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   Inserted: "(2) Contents of motion.--A motion described in paragraph (1) shall--

   Inserted: "(A) be in writing;

   Inserted: "(B) describe any supporting evidence;

   Inserted: "(C) state the offense and

   Inserted: "(D) include copies of any documents showing that the movant is entitled to relief under this section.

   Inserted: "(3) Hearing.--

   Inserted: "(A) Mandatory hearing.--

   Inserted: "(i) Motion in opposition to motion to vacate.--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).

   Inserted: "(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.

   Inserted: "(B) Discretionary hearing.--If the Government does not file a motion described in subparagraph (A)(i), not later than 45 days after the date on which a motion is filed under paragraph (1), the court may hold a hearing on the motion.

   Inserted: "(4) Factors.--The court shall grant a motion under this section if, after notice to and

   Inserted: opportunity for the Government to be heard, the court finds, by a preponderance of the evidence, that--

   Inserted: "(A) the movant was convicted of an offense against the United States; and

   Inserted: "(B) the participation in the offense by the movant was a result of the person having been a victim of trafficking.

   Inserted: "(5) Supporting evidence.--

   Inserted: "(A) Rebuttable presumption.--For purposes of this section, there shall be a rebuttable presumption that the movant is a victim of trafficking if the movant includes in the motion--

   Inserted: "(i) a certified copy of an official record of a Federal, State, tribal, or local proceeding, including an approval notice or an enforcement certification generated from a Federal immigration proceeding, that shows that the movant was a victim of trafficking, including a victim of a trafficker charged with a violation of chapter 77; or

   Inserted: "(ii) an affidavit or sworn testimony from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the movant has sought assistance in addressing the trauma associated with being a victim of trafficking.

   Inserted: "(B) Other evidence.--

   Inserted: "(i) 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.

   Inserted: "(ii) Affidavit or sworn testimony of movant sufficient evidence.--The affidavit or sworn testimony of the movant described in clause (i) shall be sufficient evidence to vacate a conviction under this section if the court determines that--

   Inserted: "(I) the affidavit or sworn testimony is credible; and

   Inserted: "(II) no other evidence is readily available.

   Inserted: "(6) Conviction not required.--It shall not be necessary that any person other than the movant be convicted of an offense against the United States before the movant may file a motion under paragraph (1).

   Inserted: "(7) Denial of motion.--

   Inserted: "(A) In general.--If the court denies a motion filed under paragraph (1), the denial shall be without prejudice.

   Inserted: "(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.

   Inserted: "(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 for the movant to cure the deficiency.

   Inserted: "(8) Appeal.--An order granting or denying a motion to vacate under this section may be appealed in accordance with section 1291 of title 28 and section 3731 of this title.

   Inserted: "(c) Expungement.--

   Inserted: "(1) In general.--If the court grants a motion to vacate under subsection (b), the court shall immediately vacate the conviction, set aside the verdict and enter a judgment of acquittal, and enter an expungement order that directs that there be expunged from all official records all references to the--

   Inserted: "(A) arrest of the person for the offense;

   Inserted: "(B) the institution of criminal proceedings against the person; and

   Inserted: "(C) the results of the proceedings.

   Inserted: "(2) Effect.--The effect of an order entered under paragraph (1) shall be to restore the person, in the contemplation of the law, to the status the person occupied before the arrest or the institution of the criminal proceedings.

   Inserted: "(d) Pretrial Motion to Dismiss.--

   Inserted: "(1) In general.--A person charged with an offense against the United States may move to dismiss the indictment, information, or complaint if the participation in the offense by the person was a result of the person having been a victim of trafficking.

   Inserted: "(2) Applicable rules governing motion.--

   Inserted: "(A) In general.--A motion described in paragraph (1) shall--

   Inserted: "(i) be deemed to be a motion described in rule 12(b)(3)(B)(v) of the Federal Rules of Criminal Procedure; and

   Inserted: "(ii) except as provided in subparagraph (B), be governed by the rules applicable to that motion.

   Inserted: "(B) Ruling on motion.--Notwithstanding rule 12(d) of the Federal Rules of Criminal Procedure, the court--

   Inserted: "(i) shall decide a motion under this subsection before trial; and

   Inserted: "(ii) may not defer ruling on the motion until during or after trial.

   Inserted: "(e) Additional Actions by Court.--The court may, upon granting a motion under this section take such additional action as the court determines is appropriate.

   Inserted: "(f) Confidentiality of Movant.--

   Inserted: "(1) In general.--A motion under this section and any documents, pleadings, or orders relating to the motion shall be filed under seal.

   Inserted: "(2) Information not available for public inspection.--No officer or employee may make any report, paper, picture, photograph, court file or other document, in the custody or possession of the officer or employee, that identifies the movant available for public inspection.

   Inserted: "(g) Applicability.--This section shall apply to any conviction before or on or after the date of enactment of this section.

   Inserted: "(h) Grant for Best Practices.--

   Inserted: "(1) In general.--On and after the date that is 1 year after the date of enactment of this section, the Attorney General of the United States may make grants to eligible entities to develop, improve, or expand legal services to carry out this section.

   Inserted: "(2) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary to carry out this section, including providing organizations and agencies with funds to train legal aid services on motions practices under this section.".

   Inserted: (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:

   Inserted: "3772. Motion to vacate; expungement; motion to dismiss.".

   Original wording

   On page 95, after line 18, insert the following:

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As printed