1002.

Protections for human trafficking survivors

Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)), as amended by section 601 of this Act, is amended— (1)in paragraph (1), by striking or at the end; (2)in paragraph (2)(C), by striking the period at the end and inserting ; or; and (3)by inserting after paragraph (2) the following:

(3)from an applicant in a State that has in effect a law— (A)that— (i)provides a process by which an individual who is a human trafficking survivor can move to vacate any arrest or conviction records for a non-violent offense committed as a direct result of human trafficking, including prostitution or lewdness; (ii)establishes a rebuttable presumption that any arrest or conviction of an individual for an offense associated with human trafficking is a result of being trafficked, if the individual— (I)is a person granted nonimmigrant status pursuant to section 101(a)(15)(T)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)); (II)is the subject of a certification by the Secretary of Health and Human Services under section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)); or (III)has other similar documentation of trafficking, which has been issued by a Federal, State, or local agency; and (iii)protects the identity of individuals who are human trafficking survivors in public and court records; and (B)that does not require an individual who is a human trafficking survivor to provide official documentation as described in subclause (I), (II), or (III) of subparagraph (A)(ii) in order to receive protection under the law.