This part adds a new law. It lets a person on trial say they acted because they were forced. The court file about that stays sealed. And not raising the point cannot be used against the person later.
The document says “is amended”Who acts: CongressHow: statuteSec. 6 in the PDF
What the document says
“Chapter 1 of title 18, United States Code, is amended by adding at the end the following:”
Subsection (a) carries the substance of the section. It adds a new section at the end of chapter 1 of title 18, United States Code, numbered 28 and headed "Human trafficking defense". Everything recorded in the proposals that follow is text this Act inserts there.
What the document actually says
“Chapter 1 of title 18, United States Code, is amended by adding at the end the following:”
That sentence, in plain words
A part of the law books is changed. A new part is put at the end.
What this is about
Chapter 1 of title 18 holds general crime rules. The new part is number 28. It is about being forced.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “means”Who acts: CongressHow: statuteSec. 6 in the PDF
What the document says
“the term `covered Federal offense' means a level A offense or level B offense, as those terms are defined in section 3771A; and”
The new section borrows the two classes of offense that section 2 of this Act created. A covered Federal offense is a level A offense or a level B offense as those terms are defined in section 3771A of title 18. Unlike the vacatur relief in section 2, the defense here reaches both classes. The section also takes "victim of trafficking" from section 103 of the Trafficking Victims Protection Act of 2000.
What the document actually says
“the term `covered Federal offense' means a level A offense or level B offense, as those terms are defined in section 3771A; and”
That sentence, in plain words
The crimes this part covers are level A and level B crimes. Those two terms come from the new part 3771A.
What this is about
Level A crimes are not violent. Level B crimes are violent. Both are covered here.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “can”Who acts: criminal defendants, United States district courtsHow: statuteSec. 6 in the PDF
What the document says
“In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.”
The operative provision. In a prosecution for a level A or level B offense, a defendant may establish duress by demonstrating that they were a victim of trafficking at the time the offense was committed. The section states the route to establishing duress and does not set out a burden of proof.
What the document actually says
“In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.”
That sentence, in plain words
A person on trial can show they acted under force. They do this by showing they were forced at the time of the crime.
What this is about
Duress means a person acted because someone made them do it. Here, having been a forced worker is the way to show it.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: United States district courtsHow: statuteSec. 6 in the PDF
What the document says
“In any proceeding in which a defense under subsection (b) is raised, any record or part of the proceeding related to the defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense.”
Where the duress defense is raised, any record or part of the proceeding related to it is placed under seal on motion. The seal runs until a conviction is entered for the offense. Sealing is not automatic: it follows a motion.
What the document actually says
“In any proceeding in which a defense under subsection (b) is raised, any record or part of the proceeding related to the defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense.”
That sentence, in plain words
Say this defense is raised at a trial. Then any record of it must be sealed if asked. The seal holds until a guilty ruling is entered.
What this is about
Sealed means the public cannot read it. The person keeps their story private while the case runs.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “may not”Who acts: United States district courtsHow: statuteSec. 6 in the PDF
What the document says
“A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress.”
Neither failing to raise the duress defense nor raising it and losing may preclude a convicted person from asserting the same facts as a mitigating factor. That assertion may be made at sentencing, or in a proceeding for any relief after conviction, and its content is that the defendant was a victim of trafficking at the time of the offense and committed it under duress.
What the document actually says
“A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress.”
That sentence, in plain words
Some people never raise this defense. Some raise it and lose. Either way, they can still say they were forced when the judge sets the sentence. They can say it later too.
What this is about
The point can be raised as a reason for a lighter term. It can also be raised in a later bid for help. Losing once does not shut the door.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “may not”Who acts: Federal agenciesHow: statuteSec. 6 in the PDF
What the document says
“A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of trafficking.”
The same two circumstances, failing to raise the defense and raising it unsuccessfully, may not be used to disqualify a convicted person from participating in any federally funded program that aids victims of trafficking. The section names no program in particular.
What the document actually says
“A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of trafficking.”
That sentence, in plain words
Some people never raise this defense. Some raise it and lose. That must not be used to keep them out of a federal aid program for forced workers.
What this is about
Programs of that kind pay for a place to stay, for care, and for other help. This rule keeps one thing from closing that door.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “is amended”Who acts: CongressHow: statuteSec. 6 in the PDF
What the document says
“The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following:”
A bookkeeping change. The table of sections at the head of chapter 1 gains a closing line reading "28. Human trafficking defense." so that the new section appears in the chapter's own list.
What the document actually says
“The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following:”
That sentence, in plain words
The list at the front of chapter 1 gets a new line at the end.
What this is about
Each chapter of the law books has a list of its parts. The new part must show up there. It is a bookkeeping change.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Each thing the new section 28 does: which offenses it covers, the defense it makes available, the sealing of the record, what a failure to raise it may not preclude, and what it may not be used to disqualify a person from. The closing amendment to the table of sections is recorded as the bookkeeping change it is.
Nothing in the section is left out.
The section works by adding a new section to chapter 1 of title 18, United States Code, and takes its definitions from section 3771A of title 18, which section 2 of this Act adds, and from section 103 of the Trafficking Victims Protection Act of 2000. That older Act is not indexed here, so nothing is recorded about what it says.
