A BILL TO BE ENTITLED
AN ACT to strengthen the human trafficking laws.
The General Assembly of North Carolina enacts:

CRIMINALIZE BUYER CONDUCT IN INSTANCES OF SEXUAL SERVITUDE
SECTION 1.(a)  G.S. 14‑43.13(a) reads as rewritten:
"(a)	A person commits the offense of sexual servitude when that person knowingly or in reckless disregard of the consequences of the action subjects, maintains, or obtains another for the purpose of sexual servitude."
SECTION 1.(b)  This section is effective December 1, 2019, and applies to offenses committed on or after that date.

SOLICITATION OF PROSTITUTION/MISTAKE OF AGE IS NOT A DEFENSE
SECTION 2.(a)  G.S. 14‑205.1(a) reads as rewritten:
"(a)	Except as otherwise provided in this section, any person who solicits another for the purpose of prostitution is guilty of a Class 1 misdemeanor for a first offense and a Class H felony for a second or subsequent offense. Any person 18 years of age or older who willfully solicits a minor for the purpose of prostitution is guilty of a Class G felony. Any person who willfully solicits a person who has a severe or profound mental disability for the purpose of prostitution is guilty of a Class E felony. Punishment under this section may include participation in a program devised for the education and prevention of sexual exploitation (i.e. "John School"), where available. A person who violates this subsection is not eligible for a disposition of prayer for judgment continued under any circumstances. Mistake of age is not a defense to prosecution under this subsection. Consent of a minor is not a defense to prosecution under this subsection."
SECTION 2.(b)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

SEXUAL EXPLOITATION OF A MINOR/INCREASE PUNISHMENT
SECTION 3.(a)  G.S. 14‑190.16 reads as rewritten:
"§ 14‑190.16.  First degree sexual exploitation of a minor.
…
(d)	Punishment and Sentencing. – Violation of this section is a Class B2 felony."
SECTION 3.(b)  G.S. 14‑190.17 reads as rewritten:
"§ 14‑190.17.  Second degree sexual exploitation of a minor.
…
(d)	Punishment and Sentencing. – Violation of this section is a Class C felony."
SECTION 3.(c)  G.S. 14‑190.17A reads as rewritten:
"§ 14‑190.17A.  Third degree sexual exploitation of a minor.
…
(d)	Punishment and Sentencing. – Violation of this section is a Class D felony."
SECTION 3.(d)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN LAWS/MANDATORY RESTITUTION AND FORFEITURE
SECTION 4.(a)  Article 27 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.1.  Mandatory restitution; forfeiture.
(a)	Definition. – For purposes of this section, a "victim" is any of the following:
(1)	An individual solicited for the purpose of prostitution in violation of G.S. 14‑205.1.
(2)	An individual patronized for prostitution in violation of G.S. 14‑205.2.
(3)	An individual promoted for prostitution in violation of G.S. 14‑205.3.
(b)	Restitution. – Restitution for a victim is mandatory under this section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (i) the gross income or value to the defendant of the victim's labor or services or (ii) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(c)	Forfeiture. – A person who commits a violation of G.S. 14‑205.1, 14‑205.2, or 14‑205.3 is subject to the property forfeiture provisions set forth in G.S. 14‑2.3."
SECTION 4.(b)  Article 26 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑190.17B.  Mandatory restitution; forfeiture.
(a)	Definition. – For purposes of this section, a "victim" is any of the following:
(1)	A minor hired, employed, used, or permitted to do or assist in committing an offense covered under G.S. 14‑190.6.
(2)	A minor sexually exploited in violation of G.S. 14‑190.16, 14‑190.17, or 14‑190.17A.
(b)	Restitution. – Restitution for a victim is mandatory under this section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (i) the gross income or value to the defendant of the victim's labor or services or (ii) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, whichever is greater.
(c)	Forfeiture. – A person who commits a violation of G.S. 14‑190.6, 14‑190.16, 14‑190.17, or 14‑190.17A is subject to the property forfeiture provisions set forth in G.S. 14‑2.3."
SECTION 4.(c)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

HUMAN TRAFFICKING AND SEXUAL SERVITUDE/PROHIBIT BENEFITTING FROM OFFENSE
SECTION 5.(a)  G.S. 14‑43.11(a) reads as rewritten:
"(a)	A person commits the offense of human trafficking when that person (i) knowingly or in reckless disregard of the consequences of the action recruits, entices, harbors, transports, provides, or obtains by any means another person with the intent that the other person be held in involuntary servitude or sexual servitude, (ii) willfully or in reckless disregard of the consequences of the action causes a minor to be held in involuntary servitude or sexual servitude, or (iii) knowingly or in reckless disregard of the consequences of the action benefits financially or by receiving anything of value from the services of another person the person knows is being held in involuntary servitude or sexual servitude."
SECTION 5.(b)  G.S. 14‑43.13, as amended by Section 1 of this act, reads as rewritten:
"§ 14‑43.13.  Sexual servitude.
(a)	A person commits the offense of sexual servitude when that person (i) knowingly or in reckless disregard of the consequences of the action subjects, maintains, or obtains another for the purpose of sexual servitude or (ii) knowingly or in reckless disregard of the consequences of the action benefits financially or by receiving anything of value from the services of another person the person knows is being subjected to or maintained in sexual servitude.
(b)	A person who violates this section is guilty of a Class D felony if the victim of the offense is an adult. A person who violates this section is guilty of a Class C felony if the victim of the offense is a minor.
…."
SECTION 5.(c)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

PROHIBIT THE PROMOTION OR SALE OF SEX TOURISM SERVICES
SECTION 6.(a)  Article 27 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.1.  Promoting travel for unlawful sexual conduct.
(a)	Definition. – For purposes of this section, the term "travel services" means transportation by air, sea, or ground, hotel or other lodging accommodations, package tours, or the provision of vouchers or coupons to be redeemed for future travel, or accommodations for a fee, commission, or other valuable consideration.
(b)	Offense. – A person commits the offense of promoting travel for unlawful sexual conduct if the person sells or offers to sell travel services that the person knows to include travel for the purpose of engaging in conduct that would constitute any one of the following if occurring within this State:
(1)	An offense under Article 7B of Chapter 14 of the General Statutes.
(2)	Any of the following offenses involving the sexual exploitation of a minor:
a.	G.S. 14‑190.16.
b.	G.S. 14‑190.17.
c.	G.S. 14‑190.17A.
(3)	Any of the following offenses involving indecent liberties with a minor:
a.	G.S. 14‑202.1.
b.	G.S. 14‑202.4.
(4)	Any of the following prostitution offenses:
a.	G.S. 14‑204.
b.	G.S. 14‑205.1.
c.	G.S. 14‑205.2.
d.	G.S. 14‑205.3.
(c)	Punishment. – A violation of this section is a Class G felony."
SECTION 6.(b)  This section is effective December 1, 2019, and applies to offenses committed on or after that date.

HUMAN TRAFFICKING AND SEXUAL SERVITUDE/PROHIBIT DEFENSE BASED ON USE OF LAW ENFORCEMENT DECOY
SECTION 7.(a)  G.S. 14‑43.11(b) reads as rewritten:
"(b)	A person who violates this section is guilty of a Class C felony if the victim of the offense is an adult. A person who violates this section is guilty of a Class B2 felony if (i) the victim of the offense is a minor or (ii) the person believed the victim of the offense was a minor."
SECTION 7.(b)  G.S. 14‑43.13(b) reads as rewritten:
"(b)	A person who violates this section is guilty of a Class D felony if the victim of the offense is an adult. A person who violates this section is guilty of a Class C felony if (i) the victim of the offense is a minor or (ii) the person believed the victim of the offense was a minor."
SECTION 7.(c)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.

HUMAN TRAFFICKING VICTIMS/EXPAND ELIGIBILITY FOR EXPUNCTION AND VACATUR
SECTION 8.(a)  G.S. 7B‑3200 reads as rewritten:
"§ 7B‑3200.  Expunction of records of juveniles alleged or adjudicated delinquent and undisciplined.
…
(b)	Any person who has attained the age of 18 years may file a petition in the court where the person was adjudicated delinquent for expunction of all records of that adjudication provided:
(1)	The offense for which the person was adjudicated would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult.
(2)	Except as otherwise provided in this subdivision, at least 18 months have elapsed since the person was released from juvenile court jurisdiction, and the person has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state. The 18‑month requirement set forth in this subdivision does not apply to a person whose participation in the offense was a result of having been a victim of human trafficking under G.S. 14‑43.11, sexual servitude under G.S. 14‑43.13, or the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)).
Records relating to an adjudication for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult shall not be expunged.
(c)	The petition shall contain, but not be limited to, all of the following:
(1)	An affidavit by the petitioner that the petitioner has been of good behavior since the adjudication and, in the case of a petition based on a delinquency adjudication, that the petitioner has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation under the laws of the United States, or the laws of this State or any other state. Additionally, for a petitioner not subject to the 18‑month requirement set forth in subdivision (2) of subsection (b) of this section, the affidavit shall state that the petitioner was adjudicated delinquent based on an offense the petitioner participated in as a result of having been a victim of human trafficking under G.S. 14‑43.11, sexual servitude under G.S. 14‑43.13, or the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)).
(2)	Verified affidavits of two persons, who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives and that the petitioner's character and reputation are good; and
(3)	A statement that the petition is a motion in the cause in the case wherein the petitioner was adjudicated delinquent or undisciplined.
The petition shall be served upon the district attorney in the district wherein adjudication occurred. The district attorney shall have 10 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing on the petition.
…."
SECTION 8.(b)  Article 5 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑145.9.  Expunctions of certain offenses committed by human trafficking victims.
(a)	Definition. – For purposes of this section, the following terms apply:
(1)	Nonviolent offense. – Any misdemeanor or felony offense not listed in G.S. 15A‑145.5(a).
(2)	Trafficking victim. – A person that meets the definition for the term "victim" set forth in G.S. 14‑43.10 or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)).
(b)	Expunction Authorized. – A person who has been convicted of a nonviolent offense may file a petition in the court of the county where the person was convicted for expunction of the nonviolent offense from the person's criminal record the court finds that the person was coerced or deceived into committing the offense as a direct result of having been a trafficking victim.
(c)	Petition Requirements. – The petition shall contain all of the following:
(1)	An affidavit by the petitioner that the petitioner: (i) is a victim of human trafficking; (ii) was coerced or deceived into committing the offense as a direct result of their status as a trafficking victim; and (iii) has been of good moral character since the date of conviction of the offense in question.
(2)	A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.
(3)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a search by the Department of Public Safety for any outstanding warrants. The application shall be filed with the clerk of superior court. The clerk of superior court shall forward the application to the Department of Public Safety, which shall conduct the search and report its findings to the court. 
(4)	An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding.
(d)	Service of Petition. – The petition shall be served upon the district attorney of the court wherein the case was tried resulting in conviction. The district attorney shall have 30 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing of the petition.
(e)	Issues for Consideration. – The court in which the petition was filed may take the following steps and may consider the following issues in rendering a decision upon a petition for expunction of records of an offense under this section:
(1)	Call upon a probation officer for additional investigation or verification of the petitioner's conduct during the period since the date of conviction of the offense in question.
(2)	Review any other information the court deems relevant, including, but not limited to, affidavits or other testimony provided by law enforcement officers, district attorneys, or licensed social workers.
(f)	Restoration of Status. – The court shall order that the person be restored, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information if the court finds all of the following after a hearing:
(1)	The criteria set out in subsection (b) of this section are satisfied.
(2)	The petitioner has remained of good moral character.
(3)	The petitioner has no outstanding warrants.
(4)	The petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner.
(g)	Effect. – No person as to whom an order has been entered pursuant to subsection (f) of this section shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving false statement by reason of that person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction. Persons required by State law to obtain a criminal history record check on a prospective employee shall not be deemed to have knowledge of any convictions expunged under this section.
(h)	Law Enforcement Certification. – Persons pursuing certification under the provisions of Chapter 17E or Article 1 of Chapter 17C of the General Statutes, however, shall disclose all convictions to the certifying Commission regardless of whether or not the convictions were expunged pursuant to the provisions of this section.
(i)	Records Expunged. – The court shall also order that the conviction of the offenses be expunged from the records of the court and direct all law enforcement agencies bearing record of the same to expunge their records of the conviction. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A‑150.
(j)	Additional Records Expunged. – Any other applicable State or local government agency shall expunge from its records entries made as a result of the conviction ordered expunged under this section. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. This subsection shall not apply to the Department of Justice for DNA records and samples stored in the State DNA Database and the State DNA Databank.
(k)	Costs Waived. – The costs of expunging the records shall not be taxed against the petitioner."
SECTION 8.(c)  G.S. 15A‑1415(b) reads as rewritten:
"(b)	The following are the only grounds which the defendant may assert by a motion for appropriate relief made more than 10 days after entry of judgment:
…
(10)	The defendant was convicted of a nonviolent offense as defined in G.S. 15A‑145.9; the defendant's participation in the offense was a result of having been a victim of human trafficking under G.S. 14‑43.11, sexual servitude under G.S. 14‑43.13, or the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)); and the defendant seeks to have the conviction vacated."
SECTION 8.(d)  G.S. 15A‑1416.1 reads as rewritten:
"§ 15A‑1416.1.  Motion by the defendant to vacate a nonviolent offense conviction for human trafficking victim.
(a)	A motion for appropriate relief seeking to vacate a conviction for a nonviolent offense based on the grounds set out in G.S. 15A‑1415(b)(10) shall be filed in the court where the conviction occurred. The motion may be filed at any time following the entry of a verdict or finding of guilty. Any motion for appropriate relief filed under this section shall state why the facts giving rise to this motion were not presented to the trial court and shall be made with due diligence after the defendant has ceased to be a victim of such trafficking or has sought services for victims of such offenses, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking that may be jeopardized by the bringing of such motion or for other reasons consistent with the purpose of this section. Reasonable notice of the motion shall be served upon the State.
…."
SECTION 8.(e)  Subsections (a) and (b) of this section become effective December 1, 2019, and apply to petitions filed on or after that date. Subsections (c) and (d) of this section become effective December 1, 2019, and apply to motions filed on or after that date.

GROUNDS FOR DENIAL OF CLAIM OR REDUCTION OF AWARD UNDER CRIME VICTIMS COMPENSATION ACT/EXEMPT CHILD SEX TRAFFICKING VICTIM
SECTION 9.(a)  G.S. 15B‑11 reads as rewritten:
"§ 15B‑11.  Grounds for denial of claim or reduction of award.
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(d1)	The provisions of subsections (a) through (d) of this section do not apply to a claim or award of compensation for criminally injurious conduct against a minor in violation of G.S. 14‑43.11, 14‑43.12, or 14‑43.13.
…."
SECTION 9.(b)  This act becomes effective December 1, 2019, and applies to applications for an award filed on or after that date.

SERVICES PROVIDED TO HUMAN TRAFFICKING VICTIMS WHO ARE MINORS/STUDY
SECTION 10.(a)  Study. – The Human Trafficking Commission (Commission) shall study the services provided by the State to a person under 18 years of age who is a victim of an offense committed under G.S. 14‑43.11, 14‑43.12, or 14‑43.13. The study shall include an identification of all of the following:
(1)	The services currently provided by the State.
(2)	The costs incurred by the State for providing the services identified pursuant to subdivision (1) of this subsection.
(3)	The services not currently provided by the State that the Commission believes would benefit victims.
(4)	The estimated costs that would be incurred by the State for providing the services identified pursuant to subdivision (3) of this subsection.
(5)	The services most commonly provided by other states to victims of human trafficking offenses who are under 18 years of age.
(6)	Any other matter the Commission deems relevant to completing the study required under this subsection.
SECTION 10.(b)  Report. – The Commission shall report the findings of the study required under subsection (a) of this section, including any legislative recommendations, to the Joint Legislative Oversight Committee on Justice and Public Safety by March 15, 2020.

SAVINGS CLAUSE
SECTION 11.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

EFFECTIVE DATE
SECTION 12.  Sections 10 and 12 of this act are effective when they become law. Except as otherwise provided, this act becomes effective December 1, 2019.