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Public Act 097-0267




Public Act 097-0267
SB1037 EnrolledLRB097 04762 RLC 44801 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 116-2.1 as follows:
    (725 ILCS 5/116-2.1 new)
    Sec. 116-2.1. Motion to vacate prostitution convictions
for sex trafficking victims.
    (a) A motion under this Section may be filed at any time
following the entry of a verdict or finding of guilty where the
conviction was under Section 11-14 (prostitution) or Section
11-14.2 (first offender; felony prostitution) of the Criminal
Code of 1961 or a similar local ordinance and the defendant's
participation in the offense was a result of having been a
trafficking victim under Section 10-9 (involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons for forced labor or services) of the Criminal Code of
1961; or a victim of a severe form of trafficking under the
federal Trafficking Victims Protection Act (22 U.S.C. Section
7102(13)); provided that:
        (1) a motion under this Section shall state why the
    facts giving rise to this motion were not presented to the
    trial court, and shall be made with due diligence, after
    the defendant has ceased to be a victim of such trafficking
    or has sought services for victims of such trafficking,
    subject to reasonable concerns for the safety of the
    defendant, family members of the defendant, or other
    victims of such trafficking that may be jeopardized by the
    bringing of such motion, or for other reasons consistent
    with the purpose of this Section; and
        (2) reasonable notice of the motion shall be served
    upon the State.
    (b) The court may grant the motion if, in the discretion of
the court, the violation was a result of the defendant having
been a victim of human trafficking. Evidence of such may
include, but is not limited to:
        (1) certified records of federal or State court
    proceedings which demonstrate that the defendant was a
    victim of a trafficker charged with a trafficking offense
    under Section 10-9 of the Criminal Code of 1961 or under 22
    U.S.C. Chapter 78;
        (2) certified records of "approval notices" or "law
    enforcement certifications" generated from federal
    immigration proceedings available to such victims; or
        (3) a sworn statement from a trained professional staff
    of a victim services organization, an attorney, a member of
    the clergy, or a medical or other professional from whom
    the defendant has sought assistance in addressing the
    trauma associated with being trafficked.
    Alternatively, the court may consider such other evidence
as it deems of sufficient credibility and probative value in
determining whether the defendant is a trafficking victim or
victim of a severe form of trafficking.
    (c) If the court grants a motion under this Section, it
must vacate the conviction and may take such additional action
as is appropriate in the circumstances.

Effective Date: 1/1/2012