Illinois General Assembly - Bill Status for SB1588

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.

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.

×