Montana Code 46-18-608. Motion to vacate conviction — human trafficking victims
46-18-608. Motion to vacate conviction — human trafficking victims. (1) On the motion of a person, a court may vacate a person’s conviction of prostitution, sex trafficking or prior similar laws in effect at the time the act occurred, or another nonviolent offense if the court finds that the person’s participation in the offense was a direct result of having been a victim of human trafficking or of sex trafficking under the federal Trafficking Victims Protection Act, 22 U.S.C. § 7103 through 7112.
Terms Used In Montana Code 46-18-608
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The motion must:
(a)be made within a reasonable time after the person ceased to be involved in human trafficking or sought services for human trafficking victims, subject to reasonable concerns for the safety of the person, family members of the person, or other victims of human trafficking who could be jeopardized by filing a motion under this section; and
(b)state why the facts giving rise to the motion were not presented to the court during the prosecution of the person.
(3)No official determination or documentation is required to grant a motion by a person under this section, but official documentation from a local government or a state or federal agency of the person’s status as a victim of human trafficking creates a rebuttable presumption that the person’s participation in the offense was a direct result of having been a victim of human trafficking.
(4)If a court vacates a conviction under this section, the court shall:
(a)send a copy of the order vacating the conviction to the prosecutor and the department of justice accompanied by a form prepared by the department of justice and containing identifying information about the person; and
(b)inform the person whose conviction has been vacated under this section that the person may be eligible for certain state and federal programs and services and provide the person with information for contacting appropriate state and federal victim services organizations. After the conviction is vacated, all records and data relating to the conviction are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown.
(5)For the purposes of this section, the term “human trafficking” has the meaning provided in 45-5-701.