Illinois General Assembly - Bill Status for SB2191
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 Bill Status of SB2191  9th General Assembly


Senate Sponsors
Sen. Toi W. Hutchinson - Jacqueline Y. Collins - Iris Y. Martinez - Michael Noland, John J. Millner, Kwame Raoul, Dan Kotowski, Martin A. Sandoval, Heather A. Steans, Ron Sandack, Linda Holmes, David Koehler, William Delgado, Emil Jones, III, Annazette R. Collins, Antonio Muñoz, Pamela J. Althoff, Donne E. Trotter, Mattie Hunter and Ira I. Silverstein

Last Action
DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-1401from Ch. 110, par. 2-1401

Synopsis As Introduced
Amends the Code of Civil Procedure. Adds provisions to allow relief at any time from a judgment that is a conviction in which the arresting charge was prostitution or first offender felony prostitution under 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 victim of sex trafficking or trafficking in persons. Provides that a motion seeking this relief must be made with due diligence, after the defendant has ceased to be a victim of the trafficking or has sought victim services, subject to reasonable concerns for the safety of the defendant and others. Provides that official documentation, which is not required to obtain the relief, of the defendant's status as a victim of sex trafficking from a federal, state, or local government agency creates a presumption that the defendant's participation in the offense was a result of having been a victim of sex trafficking or trafficking in persons.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with provisions similar to the bill except: uses terms "trafficking victim" and "victim of a severe form of trafficking" (instead of "victim of sex trafficking" and "trafficking in persons") and provides statutory citations to those terms; requires that the petition include an affidavit or other proof; describes the "official documentation" sufficient to support a petition; requires that a petition include specific factual allegations to support these elements: (i) meritorious claim, (ii) due diligence in presenting the claim, and (iii) due diligence in filing the petition; and requires that if the court grants the petition that the judgment must be vacated and the accusatory instrument dismissed. Makes corresponding changes.

DateChamber Action
  2/10/2011SenateFiled with Secretary by Sen. Toi W. Hutchinson
  2/10/2011SenateFirst Reading
  2/10/2011SenateReferred to Assignments
  3/1/2011SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/2/2011SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  3/2/2011SenateAdded as Chief Co-Sponsor Sen. Michael Noland
  3/8/2011SenateAssigned to Criminal Law
  3/10/2011SenateAdded as Co-Sponsor Sen. John J. Millner
  3/15/2011SenateAdded as Co-Sponsor Sen. Kwame Raoul
  3/15/2011SenateAdded as Chief Co-Sponsor Sen. Kyle McCarter
  3/15/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
  3/15/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/16/2011SenateAdded as Co-Sponsor Sen. Dan Kotowski
  3/16/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/17/2011SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  3/17/2011SenateAdded as Co-Sponsor Sen. Heather A. Steans
  3/17/2011SenateAdded as Co-Sponsor Sen. Ron Sandack
  3/17/2011SenateSenate Committee Amendment No. 1 Adopted
  3/17/2011SenateDo Pass as Amended Criminal Law; 008-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011
  3/28/2011SenateAdded as Co-Sponsor Sen. Linda Holmes
  3/29/2011SenateAdded as Co-Sponsor Sen. David Koehler
  4/7/2011SenateAdded as Co-Sponsor Sen. William Delgado
  4/7/2011SenateAdded as Co-Sponsor Sen. Emil Jones, III
  4/7/2011SenateAdded as Co-Sponsor Sen. Annazette R. Collins
  4/7/2011SenateAdded as Co-Sponsor Sen. Antonio Muñoz
  4/8/2011SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  4/11/2011SenateSecond Reading
  4/11/2011SenatePlaced on Calendar Order of 3rd Reading April 12, 2011
  4/12/2011SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  4/12/2011SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/15/2011SenateRule 2-10 Third Reading Deadline Established As May 4, 2011
  4/18/2011SenateSponsor Removed Sen. Kyle McCarter
  5/4/2011SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/8/2013SenateSession Sine Die

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