HB2843ham001 100TH GENERAL ASSEMBLY

Rep. Ann M. Williams

Filed: 3/24/2017

10000HB2843ham001 LRB100 09542 SLF 24101 a

AMENDMENT TO HOUSE BILL 2843

AMENDMENT NO. ______. Amend House Bill 2843 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 116-2.1 as follows:

(725 ILCS 5/116-2.1)

Sec. 116-2.1. Motion to vacate prostitution convictions for human 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 of an offense 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 the Criminal Code of 2012 or a similar local ordinance and the movant's 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) of the Criminal Code of 1961 or the Criminal Code of 2012; or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. Section 7102(13)). The motion shall comply with subsection (a-5) or (a-7) of this Section, whichever is applicable. ; provided that:

(a-5) For motions to vacate a conviction under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance:

(1) The 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 movant 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 movant defendant, family members of the movant defendant, or other victims of such trafficking that may be jeopardized by the bringing of the such motion, or for other reasons consistent with the purpose of this Section. ; and

(2) Reasonable reasonable notice of the motion shall be served upon the State.

(3) The court may grant the motion if, in the discretion of the court, the violation was a result of the movant having been a victim of human trafficking.

(a-7) For a motion to vacate a conviction under any other provision of the Criminal Code of 1961 or the Criminal Code of 2012 except offenses in subsection (a-5) of this Section:

(1) The motion shall be supported by affidavit or other appropriate showing as to matters not of record and shall be served upon the State with reasonable notice.

(2) The court shall grant a motion under this subsection (a-7) if the movant establishes, by clear and convincing evidence, that:

(A) the movant was a victim of human trafficking or involuntary servitude as defined in Section 10-9 of the Criminal Code of 2012 or 22 U.S.C. Chapter 78, on the date of the offense for which he or she has been convicted;

(B) the movant did not raise the facts giving rise to this motion at trial because at the time of trial he or she was a victim of human trafficking or involuntary servitude as defined under as defined by Section 10-9 of the Criminal Code of 2012 or 22 U.S.C. Chapter 78;

(C) the movant's participation in the offense for which he or she was convicted was as a direct result of human trafficking as defined by Section 10-9 of the Criminal Code of 2012 or 22 U.S.C. Chapter 78; and

(D) the movant exercised due diligence in bringing the motion after he or she ceased to be a victim of human trafficking or has sought services for victims of trafficking, subject to reasonable concerns for the safety of the movant, family members of the movant, or other victims of trafficking that may be jeopardized by the bringing of a motion, or for other reasons consistent with the purpose of this Section.

(3) Notwithstanding this Section, the Court shall not vacate a conviction under paragraph (1) or (2) of subsection (a) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012.

(b) For the purposes of this Section, evidence of the movant having been a victim of human trafficking 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 movant defendant was a victim of a trafficker charged with a trafficking offense under Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, 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 the 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 movant 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 movant 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.

(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".