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Indicates Matter Stricken
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Sponsors: Senators Shealy, Hutto and Jackson
Document Path: l:\s-res\ks\011safe.sp.ks.docx
Introduced in the Senate on January 12, 2021
Last Amended on May 6, 2021
Currently residing in the Senate
Summary: Trafficking victims, minors
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2020 Senate Prefiled 12/9/2020 Senate Referred to Committee on Judiciary 1/12/2021 Senate Introduced and read first time (Senate Journal-page 228) 1/12/2021 Senate Referred to Committee on Judiciary (Senate Journal-page 228) 4/8/2021 Senate Referred to Subcommittee: Talley (ch), Hutto, Matthews, Climer, Senn, Cash, Harpootlian 5/5/2021 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 8) 5/6/2021 Scrivener's error corrected 5/6/2021 Senate Committee Amendment Adopted (Senate Journal-page 38)
View the latest legislative information at the website
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 6, 2021
S. Printed 5/6/21--S.
Read the first time January 12, 2021.
TO AMEND SECTION 16-3-2020(G) OF THE 1976 CODE, RELATING TO TRAFFICKING VICTIMS WHO ARE MINORS, TO PROVIDE THAT MINORS ENGAGED IN COMMERCIAL SEXUAL ACTIVITY OR TRAFFICKING ARE PRESUMED TO BE DOING SO UNDER COERCION OR AS THE RESULT OF A REASONABLE FEAR OF A THREAT, TO PROVIDE FOR AN AFFIRMATIVE DEFENSE OF THESE VICTIMS, AND TO PROVIDE FOR EXPUNGEMENT FOR THESE VICTIMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-2010(7) of the 1976 Code is amended to read:
"(7) 'Sex trafficking' means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person performing the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by any person:
(a) criminal sexual conduct pursuant to Section 16-3-651;
(b) criminal sexual conduct in the first degree pursuant to Section 16-3-652;
(c) criminal sexual conduct in the second degree pursuant to Section 16-3-653;
(d) criminal sexual conduct in the third degree pursuant to Section 16-3-654;
(e) criminal sexual conduct with a minor pursuant to Section 16-3-655;
(f) engaging a child for sexual performance pursuant to Section 16-3-810;
(g) producing, directing, or promoting sexual performance by a child pursuant to Section 16-3-820;
(h) sexual battery pursuant to Section 16-3-651;
(i) sexual conduct pursuant to Section 16-3-800;
(j) sexual performance pursuant to Section 16-3-800;
(k) sexual exploitation of a minor pursuant to Section 16-15-395, 16-15-405, or 16-15-410; or
(l) promoting or participating in prostitution of a minor pursuant to Section 16-15-415 or 16-15-425."
SECTION 2. Sections 16-3-2020(F) and (G) of the 1976 Code are amended to read:
"(F) In a prosecution or adjudication 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 or adjudication, if the offenses were committed as a direct result of, or incidental or related to, trafficking. A victim of trafficking in persons convicted or adjudicated delinquent of a violation of this article,
or prostitution, or any other non-violent offense may motion the court to vacate the conviction or adjudication and expunge the record of the conviction or adjudication for an offense committed as a direct result of, or incidental or related to, trafficking. The court may grant the motion on a finding that the person's participation in the offense was a direct result of being a victim by a preponderance of the evidence that the person's participation in the offense was a direct result of, or incidental to, being a victim of trafficking. For any hearing scheduled pursuant to this subsection, the alleged victim of trafficking must file reasonable notice with the original prosecuting agency for the underlying offense and reasonable notice must be given or attempted to be given to any victims pursuant to the Victim's Bill of Rights.
(G) If the victim was a minor at the time of the offense, the victim of trafficking in persons may not be prosecuted in court or adjudicated delinquent pursuant to this article or a prostitution offense
, if it is determined after investigation that the victim committed the offense as a direct result of, or incidental or related to, trafficking."
SECTION 3. The rights delineated under SECTION 2 of this act shall apply retroactively.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on May 7, 2021 at 9:28 AM