Sen. Toi W. Hutchinson

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1037

2    AMENDMENT NO. ______. Amend Senate Bill 1037 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1persons for forced labor or services) of the Criminal Code of
21961; or a victim of a severe form of trafficking under the
3federal Trafficking Victims Protection Act (22 U.S.C. Section
47102(13)); provided that:
5        (1) a motion under this Section shall state why the
6    facts giving rise to this motion were not presented to the
7    trial court, and shall be made with due diligence, after
8    the defendant has ceased to be a victim of such trafficking
9    or has sought services for victims of such trafficking,
10    subject to reasonable concerns for the safety of the
11    defendant, family members of the defendant, or other
12    victims of such trafficking that may be jeopardized by the
13    bringing of such motion, or for other reasons consistent
14    with the purpose of this Section; and
15        (2) reasonable notice of the motion shall be served
16    upon the State.
17    (b) The court may grant the motion if, in the discretion of
18the court, the violation was a result of the defendant having
19been a victim of human trafficking. Evidence of such may
20include, but is not limited to:
21        (1) certified records of federal or State court
22    proceedings which demonstrate that the defendant was a
23    victim of a trafficker charged with a trafficking offense
24    under Section 10-9 of the Criminal Code of 1961 or under 22
25    U.S.C. Chapter 78;
26        (2) certified records of "approval notices" or "law

 

 

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1    enforcement certifications" generated from federal
2    immigration proceedings available to such victims; or
3        (3) a sworn statement from a trained professional staff
4    of a victim services organization, an attorney, a member of
5    the clergy, or a medical or other professional from whom
6    the defendant has sought assistance in addressing the
7    trauma associated with being trafficked.
8    Alternatively, the court may consider such other evidence
9as it deems of sufficient credibility and probative value in
10determining whether the defendant is a trafficking victim or
11victim of a severe form of trafficking.
12    (c) If the court grants a motion under this Section, it
13must vacate the conviction and may take such additional action
14as is appropriate in the circumstances.".