HB5468 103RD GENERAL ASSEMBLY

LRB103 36845 RLC 66957 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5468

Introduced 2/9/2024, by Rep. Jennifer Sanalitro

SYNOPSIS AS INTRODUCED:

720 ILCS 5/6-3.1 new

Amends the Criminal Code of 2012. Provides that a person is not engaged in conduct that would constitute a felony or a Class A misdemeanor or in a place where the person does not have a right to be if the person is engaged in the activity or in the place due to the person's status as a trafficking victim. Provides that a person must prove the person's status as a trafficking victim by clear and convincing evidence. Provides that the person may provide clear and convincing evidence of the person's status as a trafficking victim through testimony at trial. Defines "trafficking victim" as a person subjected to the practices prohibited by the involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons statutes.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 6-3.1 as follows:

(720 ILCS 5/6-3.1 new)

Sec. 6-3.1. Trafficking victims; defense.

(a) In this Section, "trafficking victim" has the meaning ascribed to the term in paragraph (10) of subsection (a) of Section 10-9.

(b) A person is not engaged in conduct that would constitute a felony or a Class A misdemeanor or in a place where the person does not have a right to be if the person is engaged in the activity or in the place due to the person's status as a trafficking victim.

(c) The person must prove the person's status as a trafficking victim by clear and convincing evidence.

(d) The person may provide clear and convincing evidence of the person's status as a trafficking victim through testimony at trial.