I 

116TH CONGRESS 

1ST SESSION H. R. 5080 

To amend title 18, United States Code, to establish a rebuttable presumption 

that certain Federal offenses were induced by coercion if a defendant 

was the victim of trafficking when such offense was committed, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2019 

Mr. SPANO (for himself, Mr. HASTINGS, Mr. DIAZ-BALART, Mr. DEUTCH, and 

Mr. WALTZ) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To amend title 18, United States Code, to establish a rebuttable presumption that certain Federal offenses were induced by coercion if a defendant was the victim of trafficking when such offense was committed, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Help Obtaining Pre5 sumption of Exoneration for Victims of Human TrafVerDate Sep 11 2014 05:27 Nov 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5080.IH H5080

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1 ficking Act’’ or the ‘‘HOPE for Victims of Human Traf2 ficking Act’’. 

3 SEC. 2. AMENDMENTS TO THE TRAFFICKING VICTIMS PRO4 TECTION ACT OF 2000. 

5 Section 103 of the Trafficking Victims Protection Act 

6 of 2000 (22 U.S.C. 7102) is amended— 

7 (1) in paragraph (16), by striking ‘‘paragraph 

8 (9)’’ and inserting ‘‘paragraph (11)’’; and 

9 (2) in paragraph (17), by striking ‘‘paragraph 

10 (9) or (10)’’ and inserting ‘‘paragraph (11) or 

11 (12)’’. 

12 SEC. 3. HUMAN TRAFFICKING DEFENSE. 

13 (a) IN GENERAL.—Chapter 1 of title 18, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 28. Human trafficking defense 

17 ‘‘(a) PRESUMPTION.—Any defendant who establishes 

18 by a preponderance of the evidence that the defendant was 

19 a victim of trafficking at the time at which the defendant 

20 committed an offense under subsection (b) shall create a 

21 rebuttable presumption that the offense was induced by 

22 coercion. 

23 ‘‘(b) OFFENSES.—An offense described in this sub24 section is— 


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1 ‘‘(1) an offense under section 1384 (relating to 

2 prostitution near military and naval establishments); 

3 ‘‘(2) an offense under section 1581, 1582, 

4 1583, 1584, 1585, 1586, 1587, 1588, 1590, 

5 1591(a), 1591(b), 1592, 1593A, 1594(a), or 

6 1594(b); 

7 ‘‘(3) an offense under section 2421(a), 

8 2421a(a), 2421a(b), 2422, 2424(a), or 2425; 

9 ‘‘(4) an offense under section 401, 404, or 406 

10 of the Controlled Substances Act (21 U.S.C. 841, 

11 844, or 846); or 

12 ‘‘(5) any offense that is not a crime of violence 

13 (as such term is defined in subsection (a) of section 

14 16). 

15 ‘‘(c) SEALING.—In any proceeding in which a defense 

16 under this section is raised, any record or part of the pro17 ceeding related to such defense shall, on motion, be placed 

18 under seal until such time as a conviction is entered for 

19 the offense. 

20 ‘‘(d) POST-CONVICTION RELIEF.—An individual’s 

21 failure to assert or failed assertion of a defense under this 

22 section may not preclude the individual from asserting as 

23 a mitigating factor in a proceeding for any post-conviction 

24 relief, that at the time of the commission of the acts con25 stituting the offense, the defendant was a victim of trafVerDate Sep 11 2014 05:27 Nov 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5080.IH H5080

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1 ficking and committed the acts under duress, force, or co2 ercion. 

3 ‘‘(e) AID TO VICTIMS.—An individual’s failure to as4 sert or failed assertion of a defense under this section may 

5 not be used for the purpose of disqualifying the individual 

6 from participating in any federally funded program that 

7 aids victims of human trafficking. 

8 ‘‘(f) DEFINITIONS.—In this section, the terms ‘coer9 cion’ and ‘victim of trafficking’ have the meanings given 

10 such terms in section 103 of the Trafficking Victims Pro11 tection Act of 2000 (22 U.S.C. 7102).’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 for chapter 1 of title 18, United States Code, is amended 

14 by adding at the end the following: 

‘‘28. Human trafficking defense.’’. 

Æ 


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