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HCS/HB 397 - Currently, there is an affirmative defense to the offense of prostitution if the defendant is under 18 years of age and acting under coercion of an agent. This provides that the defense is available if the defendant is under 18 years of age or acting under coercion of an agent. If the defendant is under 18 years of age and found not guilty of the offense, the defendant shall be classified as a victim of abuse and subject to current child abuse reporting requirements. The act modifies the definition of "pattern of criminal street gang activity" by adding a number of offenses relating to prostitution, sexual trafficking, and abuse and neglect of a child. Provisions of current law regarding juveniles involved in criminal street gang activity that authorized a prosecuting attorney to transfer the case to a court of general jurisdiction are repealed. Additionally, a provision of law that exempted employees engaged in concerted activities for their mutual aid and protection as well as activities of labor organizations from offenses involving criminal street gang activity is repealed. Finally, a court may order the expungement of records relating to the offense of prostitution if the defendant was under 18 years of age or acting under the coercion of an agent. This act is similar to SB 361 (2019). CHARLEY MERRIWEATHER
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