S539: Disclose Human Trafficking Conviction/Custody. Latest Version



AN ACT to require disclosure of a conviction for human trafficking in a child custody proceeding and to expand the conduct prohibited by the human trafficking law.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 50‑13.1 reads as rewritten:

§ 50‑13.1.  Action or proceeding for custody of minor child.

(a)        Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child, as hereinafter provided. Any person whose actions resulted in a conviction under G.S. 14‑27.21, G.S. 14‑27.22, G.S. 14‑27.23, or G.S. 14‑27.24 and the conception of the minor child may not claim the right to custody of that minor child. Unless a contrary intent is clear, the word custody shall be deemed to include custody or visitation or both.

(a1)      Notwithstanding any other provision of law, any person instituting an action or proceeding for custody ex parte who has been convicted of a sexually violent offense as defined in G.S. 14‑208.6(5) G.S. 14‑208.6(5), a human trafficking offense as described in G.S. 14‑43.11 through G.S. 14‑43.13, or sexual exploitation of a minor offense as described in G.S. 14‑190.16, 14‑190.17, or 14‑190.17A shall disclose the conviction in the pleadings. Notwithstanding any other provision of law to the contrary, any person instituting an action or proceeding for custody who has been granted or denied custody of any minor child in an action under Chapter 50B of the General Statutes in any jurisdiction shall disclose the filing of the action or proceeding in the pleadings.

(a2)      In cases in which a nonparent is seeking custody of a minor child or being given custody of a minor child in a consent order, the nonparent shall attest in the pleadings or the consent order that nothing of value has been paid or given, offered to be paid or given, or promised, directly or indirectly, in exchange for the minor child. Money or property offered or paid by a parent to a nonparent as support for the minor child shall not be considered value given in exchange for custody of the child.

….

SECTION 2.  G.S. 14‑43.11(a) reads as rewritten:

(a)      A person commits the offense of human trafficking when that person (i) knowingly or in reckless disregard of the consequences of the action recruits, entices, harbors, transports, provides, or obtains by any means another person with the intent that the other person be held in involuntary servitude or sexual servitude or (ii) willfully or in reckless disregard of the consequences of the action causes a minor to be held in involuntary servitude or sexual servitude.servitude, or (iii) knowingly patronizes a person that is held in involuntary servitude or sexual servitude.

SECTION 3.  Section 2 of this act becomes effective December 1, 2021, and applies to offenses committed on or after that date. The remainder of this act becomes effective October 1, 2021, and applies to proceedings commenced on or after that date.