Senator HEMBREE proposed the following amendment (230R001.SP.GH):

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/ SECTION2. Sections 16-3-2020(F) and (G) of the 1976 Code are amended to read:

"(F)In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of , or incidental or related to, being a victim of trafficking. A victim of trafficking in persons convicted of a violation of this article, or prostitution, or any other nonviolent offense may motion the court to vacate the conviction and expunge the record of the conviction for an offense committed as a direct result of being a victim of trafficking. The court may grant the motion on a finding that the person's person proved by a preponderance of evidence that his participation in the offense was a direct result of being a victim of trafficking. For the purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60.

(G) If the victim was a minor at the time of the offense, then the victim of trafficking in persons may not be prosecuted in court pursuant to this article or for a prostitution offense, or for any other nonviolent offense if it is determined after investigation that the victim he proves to a court by a preponderance of evidence at a pre-trial hearing that he committed the offense as a direct result of, or incidental or related to, being a victim of trafficking. For the purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. A person under the age of eighteen who is a victim of trafficking in persons in violation of this title shall not be found in violation of or be the subject of a delinquency petition if it is determined after investigation that the victim's conduct was a direct result of being a victim of trafficking." /