Illinois General Assembly - Bill Status for HB1302

Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. In the amendatory changes to the Code of Criminal Procedure of 1963, deletes provision that a law enforcement officer may not refuse to complete a written written report as required by the provision on any ground. In the amendatory changes to the Code of Criminal Procedure of 1963 concerning a motion to vacate a conviction for an offense committed as a result of the defendant having been a human trafficking victim, deletes provision that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense and provides that with the exception of the expedited notice period and timeline for hearing, any petition to seal or expunge records shall be governed entirely by the provisions of the Criminal Identification Act. In the amendatory provisions of the Illinois Domestic Violence Act of 1986 concerning the written report by a law enforcement officer investigating an alleged incident of abuse, neglect, or exploitation between family or household members, provides that no law enforcement officer may refuse to complete a written report for a bona fide allegation (rather than any allegation) as required by the provision on any ground.

Deletes the amendatory changes to the Criminal Code of 2012.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Criminal Code of 2012. Deletes a provision concerning motions to vacate convictions for offenses committed as a result of the defendants having been human trafficking victims. Defines the term "court proceeding" for purposes of a provision that sets forth retail loss prevention report and notice requirements. Amends the Rights of Crime Victims and Witnesses Act. In the definition of "court proceeding", changes reference to "bond" to "pretrial release". Provides that timely notification shall include 7 days' notice of all court proceedings. Provides that for preliminary hearings and hearings regarding pretrial release or that alter the conditions of pretrial release only, if giving the victim 7 days' notice is impossible, fewer days may be timely, so long as the notice is provided as soon as practicable and in advance of the proceeding.

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