This Act permanently increases the special assessment fee charged to non-indigent individuals convicted of certain trafficking-related offenses.
John Cornyn
Senator
TX
The Enduring Justice for Victims of Trafficking Act permanently increases the special assessment fee charged by courts for certain convictions. This amendment mandates a permanent additional $\$5,000$ fee for non-indigent individuals or entities convicted of specified offenses. This change ensures ongoing funding dedicated to supporting victims of trafficking.
The “Enduring Justice for Victims of Trafficking Act” is straightforward, but its impact is all about removing a deadline. This bill permanently locks in a mandatory $5,000 special assessment fee for non-indigent individuals or entities convicted of certain crimes under Title 18, Section 3014(a).
Previously, this extra $5,000 fee—which is stacked on top of existing court fees—was set to expire on September 30, 2025. This bill simply strikes that end date from the law. Think of it like a subscription service that was supposed to end next year, but the company just switched it to 'auto-renew forever' without telling you. The law now requires the court to assess this $5,000 charge immediately upon conviction for the specified offenses, making it a permanent fixture in the federal sentencing guidelines for these types of crimes (SEC. 2).
This change is designed to create a permanent funding stream, presumably to support victims of trafficking, given the bill’s title. By eliminating the sunset clause, the government secures a reliable, ongoing source of revenue from convicted offenders. For victims’ services groups, this stability means less worry about a funding cliff in 2025.
However, the cost is borne entirely by the convicted parties. This isn't a discretionary fine; it’s a mandatory assessment. If a corporation or a wealthy individual is convicted of one of these offenses, they’ll easily absorb the cost. But even for a person deemed “non-indigent” (meaning they don't qualify for a public defender) who might be struggling financially, the court has zero discretion to waive or reduce this additional $5,000 penalty. It’s a flat fee, and it hits the non-wealthy offender much harder than the truly rich one. It’s a permanent, significant financial hit tied directly to the conviction.
On one hand, this bill provides certainty. The funding for victim services, which often relies on these assessments, will no longer be threatened by a looming expiration date. This stability is crucial for long-term planning for organizations helping survivors rebuild their lives. On the other hand, while the fee is specific, the bill text here doesn't specify where the collected money goes—it just mandates the collection. If the funds aren't strictly earmarked and protected for victim services, there's always a risk they could be diverted elsewhere, undermining the whole point of the “Enduring Justice” title.
Ultimately, this is a housekeeping measure with a heavy price tag attached. It ensures that those convicted of specific trafficking-related crimes will permanently contribute $5,000 toward court assessments, removing the temporary nature of the penalty and cementing it as a fixed cost of conviction.