Relating to restitution for the death of a person caused by a victim of human trafficking

This bill relates to restitution for the death of a person caused by a victim of human trafficking. Current law provides that in all criminal cases in which an offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, the court shall also order the offender to pay at least $150,000 in restitution to the victim’s estate or to the victim’s heirs at law. The bill provides that the restitution requirement shall not apply to an offender whose offense was directly related to the offender being a victim of human trafficking. Prior to the court entering a permanent restitution order at the time of sentencing, the court shall determine, based upon the record developed at trial and evidence presented at sentencing, whether the offender was a victim of human trafficking. The bill makes a conforming Code change to provide that a victim’s right to have $150,000 restitution paid to the victim’s estate or heirs at law in cases where the offense committed by an offender causes the death of another person is subject to the exception in the bill.