UNOFFICIAL COPY 22 RS BR 286
Page 1 of 1
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AN ACT relating to offenses against persons. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 529.160 is amended to read as follows: 3
(1) When a person is charged or convicted under this chapter, or with an offense which 4
is not a violent crime as defined in KRS 17.165, and the person's participation in the 5
offense is determined to be the direct result of being a victim of human trafficking, 6
the person may make a motion in the court in which the charges were filed to 7
expunge all records of the offense. 8
(2) The motion shall be filed at any time[no sooner than sixty (60) days] following the 9
date the final judgment was entered by the court in which the charges were filed. 10
(3) (a) A motion filed under this section, any hearing conducted on the motion, and 11
any relief granted are governed by KRS 431.076, 431.078, and 431.079 unless 12
otherwise provided in this section. 13
(b) For the purposes of expungement under KRS 431.076, a finding by the court 14
that the person's participation in the offense was a direct result of being a 15
victim of human trafficking shall deem the charges as dismissed with 16
prejudice. 17
(c) No official determination or documentation is required to find that the 18
person's participation in the offense was a direct result of being a victim of 19
human trafficking, but documentation from a federal, state, local, or tribal 20
governmental agency indicating that the defendant was a victim at the time of 21
the offense shall create a presumption that the defendant's participation in the 22
offense was a direct result of being a victim. 23