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Committee advances bill allowing judges limited sentencing discretion for child trafficking victims
Summary
Representative Donahue said HB 1616 would let judges consider trafficking and abuse when sentencing a child who committed an offense against a trafficker; an amendment aligning infant-trafficking language passed 15–11 and the bill was reported as amended.
Representative Donahue presented House Bill 1616, describing it as a narrowly tailored measure to allow judges discretion to deviate from mandatory minimums in cases where a child who was trafficked commits an offense against a trafficker. He framed the bill around the case of Sarah Cruzan, saying her defense had been prohibited from introducing evidence of abuse and trafficking in her sentencing.
Committee counsel outlined an amendment (A03158) that makes infant-trafficking penalties consistent with prior language the committee had just approved. Members debated limiting relief to nonviolent offenses and refining language to avoid unintended consequences, with Representative Pugh urging carve-outs for the most violent crimes. Amendment A03158 passed on a 15–11 vote; committee discussion indicated support for reporting the bill as amended, and the chair recorded it as passed unanimously in the subsequent roll call recording.
The bill was reported as amended out of committee; counsel advised the bill takes effect in 60 days and that certain chapters of Title 18 remain excluded from the court discretion provision in the text described by counsel.
