SB2191 97TH GENERAL ASSEMBLY

LRB097 07823 AJO 47936 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2191

Introduced 2/10/2011, by Sen. Toi W. Hutchinson

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1401

from Ch. 110, par. 2-1401

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.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by changing Section 2-1401 as follows:

(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)

Sec. 2-1401. Relief from judgments.

(a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review and bills in the nature of bills of review are abolished. All relief heretofore obtainable and the grounds for such relief heretofore available, whether by any of the foregoing remedies or otherwise, shall be available in every case, by proceedings hereunder, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered. Except as provided in Section 6 of the Illinois Parentage Act of 1984, there shall be no distinction between actions and other proceedings, statutory or otherwise, as to availability of relief, grounds for relief or the relief obtainable.

(b) The petition must be filed in the same proceeding in which the order or judgment was entered but is not a continuation thereof. The petition must be supported by affidavit or other appropriate showing as to matters not of record. All parties to the petition shall be notified as provided by rule.

(c) Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987 or in a petition based upon Section 116-3 of the Code of Criminal Procedure of 1963, the petition must be filed not later than 2 years after the entry of the order or judgment. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years.

(d) The filing of a petition under this Section does not affect the order or judgment, or suspend its operation.

(e) Unless lack of jurisdiction affirmatively appears from the record proper, the vacation or modification of an order or judgment pursuant to the provisions of this Section does not affect the right, title or interest in or to any real or personal property of any person, not a party to the original action, acquired for value after the entry of the order or judgment but before the filing of the petition, nor affect any right of any person not a party to the original action under any certificate of sale issued before the filing of the petition, pursuant to a sale based on the order or judgment.

(f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.

(g) A petition under this Section may be filed at any time after the entry of judgment, if the judgment is a conviction where the arresting charge was under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of 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 under Section 10-9 (trafficking in persons, involuntary servitude, and related offenses) of the Criminal Code of 1961 or trafficking in persons under the federal Trafficking Victims Protection Act (U.S.C., Title 22, Chapter 78), provided that:

(1) A motion under this subsection shall be made with due diligence, after the defendant has ceased to be a victim of such trafficking or has sought services for victims of such trafficking, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking that may be jeopardized by the bringing of such motion, or for other reasons consistent with the purpose of this subsection; and

(2) Official documentation of the defendant's status as a victim of sex trafficking or trafficking in persons at the time of the offense from a federal, state, or local government agency shall create 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, but shall not be required for granting a motion under this subsection.

(Source: P.A. 95-331, eff. 8-21-07.)