SB1037 EngrossedLRB097 04762 RLC 44801 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 116-2.1 as follows:
 
6    (725 ILCS 5/116-2.1 new)
7    Sec. 116-2.1. Motion to vacate prostitution convictions
8for sex trafficking victims.
9    (a) A motion under this Section may be filed at any time
10following the entry of a verdict or finding of guilty where the
11conviction was under Section 11-14 (prostitution) or Section
1211-14.2 (first offender; felony prostitution) of the Criminal
13Code of 1961 or a similar local ordinance and the defendant's
14participation in the offense was a result of having been a
15trafficking victim under Section 10-9 (involuntary servitude,
16involuntary sexual servitude of a minor, or trafficking in
17persons for forced labor or services) of the Criminal Code of
181961; or a victim of a severe form of trafficking under the
19federal Trafficking Victims Protection Act (22 U.S.C. Section
207102(13)); provided that:
21        (1) a motion under this Section shall state why the
22    facts giving rise to this motion were not presented to the
23    trial court, and shall be made with due diligence, after

 

 

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1    the defendant has ceased to be a victim of such trafficking
2    or has sought services for victims of such trafficking,
3    subject to reasonable concerns for the safety of the
4    defendant, family members of the defendant, or other
5    victims of such trafficking that may be jeopardized by the
6    bringing of such motion, or for other reasons consistent
7    with the purpose of this Section; and
8        (2) reasonable notice of the motion shall be served
9    upon the State.
10    (b) The court may grant the motion if, in the discretion of
11the court, the violation was a result of the defendant having
12been a victim of human trafficking. Evidence of such may
13include, but is not limited to:
14        (1) certified records of federal or State court
15    proceedings which demonstrate that the defendant was a
16    victim of a trafficker charged with a trafficking offense
17    under Section 10-9 of the Criminal Code of 1961 or under 22
18    U.S.C. Chapter 78;
19        (2) certified records of "approval notices" or "law
20    enforcement certifications" generated from federal
21    immigration proceedings available to such victims; or
22        (3) a sworn statement from a trained professional staff
23    of a victim services organization, an attorney, a member of
24    the clergy, or a medical or other professional from whom
25    the defendant has sought assistance in addressing the
26    trauma associated with being trafficked.

 

 

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1    Alternatively, the court may consider such other evidence
2as it deems of sufficient credibility and probative value in
3determining whether the defendant is a trafficking victim or
4victim of a severe form of trafficking.
5    (c) If the court grants a motion under this Section, it
6must vacate the conviction and may take such additional action
7as is appropriate in the circumstances.