Bill Text: IL HB4402 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Human Trafficking Order of Protection Act. Provides that the following persons may bring an action under the Act: (1) a person who is a victim of human trafficking regardless of the relationship between the victim and the trafficker; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-21 - Referred to Rules Committee [HB4402 Detail]

Download: Illinois-2021-HB4402-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4402 Introduced , by Rep. Chris Bos SYNOPSIS AS INTRODUCED:
New Act
Creates the Human Trafficking Order of Protection Act. Provides that the following persons may bring an action under the Act: (1) a person who is a victim of human trafficking regardless of the relationship between the victim and the trafficker; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies.
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A BILL FOR
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AN ACT concerning human trafficking orders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Human
Trafficking Order of Protection Act.
Section 3. Purpose and construction. The purpose of this
Act is to protect the safety of victims of human trafficking
and the safety of their family and household members and to
minimize the trauma and inconvenience associated with
attending separate and multiple civil court proceedings to
obtain orders of protection. This Act shall be interpreted in
accordance with the constitutional rights of crime victims set
forth in Article I, Section 8.1 of the Illinois Constitution,
the purposes set forth in Section 2 of the Rights of Crime
Victims and Witnesses Act, and the use of orders of protection
to implement the victim's right to be reasonably protected
from the defendant as provided in Section 4.5 of the Rights of
Victims and Witnesses Act.
Section 5. Definitions. As used in this Act:
"Electronic" means any method of transmission of
information between computers or other machines designed for
the purpose of sending or receiving electronic transmission

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and that allows for the recipient of information to reproduce
the information received in a tangible medium of expression.
"Electronic appearance" means an appearance in which one
or more of the parties are not present in the court, but in
which, by means of an independent audio-visual system, all of
the participants are simultaneously able to see and hear
reproductions of the voices and images of the judge, counsel,
parties, witnesses, and any other participants.
"Human trafficking" means a violation of:
(1) subsection (b) of Section 10-9 of the Criminal
Code of 2012 (involuntary servitude);
(2) subsection (c) of Section 10-9 of the Criminal
Code of 2012 (involuntary sexual servitude of a minor); or
(3) subsection (d) of Section 10-9 of the Criminal
Code of 2012 (trafficking in persons).
"Independent audio-visual system" means an electronic
system for the transmission and receiving of audio and visual
signals, including those with the means to preclude the
unauthorized reception and decoding of the signals by
commercially available television receivers, channel
converters, or other available receiving devices.
Section 10. Persons who may bring actions. The following
persons may bring an action under this Act:
(1) a person who is a victim of human trafficking
regardless of the relationship between the victim and the

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trafficker; or
(2) a person on behalf of a minor child or an adult who has
been the victim of human trafficking.
Section 15. Commencement of action; filing fees;
dismissal.
(a) Actions for human trafficking orders of protection are
commenced:
(1) Independently, by filing a petition for a human
trafficking order of protection in the circuit court,
unless otherwise designated by local rule or order.
(2) In conjunction with another civil proceeding, by
filing a petition for a human trafficking order of
protection under the same case number as another civil
proceeding involving the parties.
(3) In conjunction with a delinquency petition or a
criminal prosecution, by filing a petition for a human
trafficking order of protection under the same case number
as the delinquency petition or a criminal case involving
the parties.
(b) When a petition for an emergency human trafficking
order of protection is filed, the petition shall not be
publicly available until the petition has been served on the
respondent.
(c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, or photocopying petitions or

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orders, for issuing alias summons, or for any related filing
service. No fee shall be charged by the sheriff for service by
the sheriff of a petition, rule, motion, or order in an action
commenced under this Section.
(d) Withdrawal or dismissal of any petition for a human
trafficking order of protection prior to adjudication where
the petitioner is represented by the State shall operate as a
dismissal without prejudice. No action for a human trafficking
order of protection shall be dismissed because the respondent
is being prosecuted for a crime against the petitioner. An
independent action may be consolidated with another civil
proceeding, as provided by paragraph (2) of subsection (a).
For any action commenced under paragraph (2) or (3) of
subsection (a), dismissal of the conjoined case (or a finding
of not guilty) shall not require dismissal of the action for
the human trafficking order of protection; instead, action for
the human trafficking order of protection may be treated as an
independent action and, if necessary and appropriate,
transferred to a different court or division. Dismissal of any
conjoined case shall not affect the validity of any previously
issued human trafficking order of protection.
(e) The court shall provide, through the office of the
clerk of the court, simplified forms and clerical assistance
to help with the writing and filing of a petition under this
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.

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(f) The Administrative Office of the Illinois Courts, with
the approval of the Supreme Court, may adopt rules to
establish and implement a pilot program to allow the
electronic filing of petitions for temporary human trafficking
orders of protection and the issuance of such orders by
audio-visual means to accommodate litigants for whom
attendance in court to file for and obtain emergency relief
would constitute an undue hardship or would constitute a risk
of harm to the litigant.
Section 20. Application of rules of civil procedure.
(a) Any proceeding to obtain, modify, reopen, or appeal a
human trafficking order of protection, whether commenced alone
or in conjunction with a civil or criminal proceeding, shall
be governed by the rules of civil procedure of this State. The
standard of proof in such a proceeding is proof by a
preponderance of the evidence, whether the proceeding is heard
in criminal or civil court. The Code of Civil Procedure and
Supreme Court and local court rules applicable to civil
proceedings shall apply, except as otherwise provided by this
Act.
(b) There shall be no right to trial by jury in any
proceeding to obtain, modify, vacate, or extend any human
trafficking order of protection under this Act. However,
nothing in this Section shall deny any existing right to trial
by jury in a criminal proceeding.

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(c) A petition for a human trafficking order of protection
may be filed in any county where: (i) the petitioner resides;
(ii) respondent resides; or (iii) the alleged human
trafficking occurred.
(d) Objection to venue is waived if not made within such
time as respondent's response is due, except as otherwise
provided in this Section. In no event shall venue be deemed
jurisdictional.
(e) Any action for a human trafficking order of
protection, whether commenced alone or in conjunction with
another proceeding, is a distinct cause of action and requires
that a separate summons be issued and served, except that in
pending cases the following methods may be used:
(1) by delivery of the summons to respondent
personally in open court in pending civil or criminal
cases; or
(2) by notice in civil cases in which the defendant
has filed a general appearance.
The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require the respondent
to answer or appear within 7 days. Attachments to the summons
or notice shall include the petition for the human trafficking
order of protection and supporting affidavits, if any, and any
emergency human trafficking order of protection that has been
issued. The enforcement of a human trafficking order of
protection shall not be affected by the lack of service,

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delivery, or notice.
Section 25. Remedies. The court may provide relief as
follows:
(1) prohibit the respondent from knowingly coming within,
or knowingly remaining within, a specified distance from the
petitioner;
(2) restrain the respondent from having any contact,
including nonphysical contact, with the petitioner directly,
indirectly, or through third parties, regardless of whether
those third parties know of the order;
(3) prohibit the respondent from knowingly coming within,
or knowingly remaining within, a specified distance from the
petitioner's residence, school, day care, or other specified
location;
(4) order the respondent to stay away from any property or
animal owned, possessed, leased, kept, or held by the
petitioner and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or otherwise
disposing of the property or animal; and
(5) order any other injunctive relief as necessary or
appropriate for the protection of the petitioner.