UNOFFICIAL COPY 24 RS BR 164
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AN ACT relating to human trafficking. 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) (a) When a person is charged or convicted under this chapter, or with an offense 4
which is not a violent crime as defined in KRS 17.165, and the person's 5
participation in the offense is determined to be the[ direct] result of being a 6
victim of human trafficking, the person may file[make] a motion in the court 7
in which the charges were filed to expunge all records of the offense and to 8
vacate the conviction. 9
(b) 1. Any person filing a motion under this section may request to seal the 10
record. 11
2. The clerk shall immediately seal the record which shall remain sealed 12
until the court rules upon the request. 13
3. If the court grants the request to seal the record, the motion and any 14
related papers or pleadings shall be filed under seal and remain sealed 15
unless opened by a higher court. 16
(2) (a) Upon the filing of the motion provided for in subsection (1)(a) of this 17
section, the Circuit Court clerk shall serve a notice of filing upon the office 18
of the Commonwealth's attorney or county attorney that prosecuted the case 19
and the county attorney of the county where the judgment was entered. 20
(b) The office of the Commonwealth's attorney or county attorney that 21
prosecuted the case shall file a response within twenty-one (21) days after 22
being served with the notice of filing. 23
(c) The response may include a request for a hearing that includes the grounds 24
for the requested hearing. 25
(d) If the court determines that a hearing is necessary, the court shall set a date 26
for the hearing, which shall be held no later than thirty (30) days after the 27 UNOFFICIAL COPY 24 RS BR 164
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filing of the response. 1
(e) Any hearing relating to the motion shall be closed if the court has sealed the 2
record or upon agreement of the parties. The person who filed the motion 3
may waive his or her right to be present at any hearing held under this 4
section if he or she is represented by counsel. 5
(f) Any person filing a motion under this section may submit supporting 6
documents, exhibits, or other evidence. 7
(g) No official determination or documentation shall be required to find that 8
the person's participation in the offense was a result of being a victim of 9
human trafficking, but documentation from a federal, state, local, or tribal 10
governmental agency indicating that the defendant was a victim at the time 11
of the offense shall create a presumption that the defendant's participation 12
in the offense was a result of being a victim of human trafficking. 13
(h) If the court finds, based upon a preponderance of the evidence, that the 14
person's participation in the offense is the result of being a victim of human 15
trafficking, then the court shall: 16
1. Order the judgment vacated; 17
2. Dismiss the charges with prejudice; 18
3. Order the case file to be sealed or remain sealed as ordered under 19
subsection (1)(b) of this section; and 20
4. Expunge the record pursuant to KRS 431.076(1)(a). 21
(3) This section shall be retroactive. 22
[(2) The motion shall be filed no sooner than sixty (60) days following the date the final 23
judgment was entered by the court in which the charges were filed. 24
(3) (a) A motion filed under this section, any hearing conducted on the motion, and 25
any relief granted are governed by KRS 431.076, 431.078, and 431.079 unless 26
otherwise provided in this section. 27 UNOFFICIAL COPY 24 RS BR 164
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(b) For the purposes of expungement under KRS 431.076, a finding by the court 1
that the person's participation in the offense was a direct result of being a 2
victim of human trafficking shall deem the charges as dismissed with 3
prejudice. 4
[(c) No official determination or documentation is required to find that the 5
person's participation in the offense was a direct result of being a victim of 6
human trafficking, but documentation from a federal, state, local, or tribal 7
governmental agency indicating that the defendant was a victim at the time of 8
the offense shall create a presumption that the defendant's participation in the 9
offense was a direct result of being a victim]. 10