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.