Illinois General Assembly

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 Bill Status of SB1588  99th General Assembly


Short Description:  PROSTITUTION-AFFIRM DEFENSE

Senate Sponsors
Sen. John G. Mulroe - Toi W. Hutchinson - Julie A. Morrison - Michael Connelly - Jacqueline Y. Collins, Iris Y. Martinez, David Koehler, Mattie Hunter, Patricia Van Pelt, Pamela J. Althoff, Michael Noland, Karen McConnaughay, Neil Anderson, William Delgado, Sue Rezin, Kwame Raoul, Kimberly A. Lightford, Emil Jones, III, Daniel Biss and Ira I. Silverstein

House Sponsors
(Rep. Elgie R. Sims, Jr. - Ann M. Williams - Ron Sandack - Elizabeth Hernandez - Arthur Turner, Barbara Wheeler, Scott Drury, Christian L. Mitchell, John C. D'Amico, Elaine Nekritz, Pamela Reaves-Harris, Jaime M. Andrade, Jr., Margo McDermed, Will Guzzardi, Carol Ammons, John D. Anthony, Patricia R. Bellock, Marcus C. Evans, Jr., Barbara Flynn Currie, Robert Rita, Silvana Tabares, Camille Y. Lilly, Jehan Gordon-Booth, Mike Smiddy and Anna Moeller)

Last Action
DateChamber Action
  7/22/2015SenatePublic Act . . . . . . . . . 99-0109

Statutes Amended In Order of Appearance
720 ILCS 5/11-14from Ch. 38, par. 11-14
725 ILCS 5/115-6.1 new


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that it is an affirmative defense to a charge of prostitution that the accused engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons as defined in the Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000. Amends the Code of Criminal Procedure of 1963. Provides that in prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense of being a victim of involuntary servitude or trafficking in persons as defined in the Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 and has reason to believe that the evidence presented in asserting that defense may jeopardize the safety of the accused, courtroom personnel, or others impacted by human trafficking, the accused may file under seal a motion for an in camera hearing to review the accused's safety concerns. Upon receipt of the motion and notice to the parties, the court shall conduct an in camera hearing, with counsel present, limited to review of potential safety concerns. Provides that the court shall not consider the merits of the affirmative defense during the in camera review. Provides that if the court finds that the assertion of an affirmative defense by the accused in open court could jeopardize the safety of the accused, court personnel, or other persons, the court may clear the courtroom with the agreement of the accused, order additional in camera hearings, seal the records, prohibit court personnel from disclosing the proceedings without prior court approval, or take any other appropriate measure that in the court's discretion will enhance the safety of the proceedings and ensure the accused a full and fair opportunity to assert his or her affirmative defense. Provides that statements made by the accused during the in camera hearing to review safety concerns shall not be admissible against the accused for the crimes charged. Effective immediately.

Senate Committee Amendment No. 1
Deletes from the new affirmative defense to a charge of prostitution that the accused engaged in or performed prostitution as a result of being a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000. In the new amendatory changes to the Code of Criminal Procedure of 1963, provides that if an in camera hearing on the accused's safety concerns is held, the court shall cause an official record of the in camera hearing to be made, which shall be kept under seal. Provides that the court's determination of safety concerns must be by a preponderance of the evidence and that the assertion that presenting the affirmative defense to a charge of prostitution by the accused in open court would likely (rather than could) jeopardize the safety of the accused, court personnel, or other persons.

Actions 
DateChamber Action
  2/20/2015SenateFiled with Secretary by Sen. John G. Mulroe
  2/20/2015SenateFirst Reading
  2/20/2015SenateReferred to Assignments
  2/25/2015SenateAdded as Chief Co-Sponsor Sen. Julie A. Morrison
  3/3/2015SenateAssigned to Criminal Law
  3/4/2015SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson
  3/5/2015SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  3/9/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  3/9/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/10/2015SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/10/2015SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  3/10/2015SenateAdded as Co-Sponsor Sen. David Koehler
  3/10/2015SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/10/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/10/2015SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  3/11/2015SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  3/11/2015SenateSenate Committee Amendment No. 1 Adopted
  3/11/2015SenateDo Pass as Amended Criminal Law; 010-000-000
  3/11/2015SenatePlaced on Calendar Order of 2nd Reading March 12, 2015
  3/11/2015SenateAdded as Co-Sponsor Sen. Michael Noland
  3/11/2015SenateAdded as Co-Sponsor Sen. Karen McConnaughay
  3/11/2015SenateAdded as Co-Sponsor Sen. Neil Anderson
  3/12/2015SenateAdded as Co-Sponsor Sen. William Delgado
  3/12/2015SenateAdded as Co-Sponsor Sen. Sue Rezin
  3/12/2015SenateAdded as Co-Sponsor Sen. Kwame Raoul
  3/17/2015SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  3/18/2015SenateSecond Reading
  3/18/2015SenatePlaced on Calendar Order of 3rd Reading March 19, 2015
  3/18/2015SenateAdded as Co-Sponsor Sen. Emil Jones, III
  4/14/2015SenateAdded as Co-Sponsor Sen. Daniel Biss
  4/15/2015SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  4/15/2015SenateThird Reading - Passed; 055-000-000
  4/15/2015HouseArrived in House
  4/15/2015HouseChief House Sponsor Rep. Elgie R. Sims, Jr.
  4/15/2015HouseFirst Reading
  4/15/2015HouseReferred to Rules Committee
  4/17/2015HouseAdded Alternate Chief Co-Sponsor Rep. Ann M. Williams
  4/17/2015HouseAdded Alternate Co-Sponsor Rep. Barbara Wheeler
  4/20/2015HouseAssigned to Judiciary - Criminal Committee
  4/24/2015HouseAdded Alternate Chief Co-Sponsor Rep. Ron Sandack
  4/24/2015HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez
  4/28/2015HouseAdded Alternate Chief Co-Sponsor Rep. Arthur Turner
  4/28/2015HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  4/28/2015HouseAdded Alternate Co-Sponsor Rep. Scott Drury
  4/28/2015HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell
  4/29/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/29/2015HouseAdded Alternate Co-Sponsor Rep. John C. D'Amico
  4/29/2015HouseAdded Alternate Co-Sponsor Rep. Elaine Nekritz
  4/29/2015HouseAdded Alternate Co-Sponsor Rep. Pamela Reaves-Harris
  4/29/2015HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/29/2015HouseAdded Alternate Co-Sponsor Rep. Margo McDermed
  5/5/2015HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  5/5/2015HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. John D. Anthony
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/6/2015HouseSecond Reading - Short Debate
  5/6/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/6/2015HouseAdded Alternate Co-Sponsor Rep. Jehan Gordon-Booth
  5/13/2015HouseAdded Alternate Co-Sponsor Rep. Mike Smiddy
  5/14/2015HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/18/2015HouseThird Reading - Short Debate - Passed 103-000-000
  5/18/2015SenatePassed Both Houses
  6/16/2015SenateSent to the Governor
  7/22/2015SenateGovernor Approved
  7/22/2015SenateEffective Date July 22, 2015
  7/22/2015SenatePublic Act . . . . . . . . . 99-0109

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