Bill Text: IL SB1037 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the sexual exploitation of children.
Spectrum: Moderate Partisan Bill (Democrat 32-6)
Status: (Passed) 2011-08-08 - Public Act . . . . . . . . . 97-0267 [SB1037 Detail]
Download: Illinois-2011-SB1037-Chaptered.html
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| Public Act 097-0267 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by adding Section 116-2.1 as follows:
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(725 ILCS 5/116-2.1 new) | ||||
Sec. 116-2.1. Motion to vacate prostitution convictions | ||||
for sex trafficking victims. | ||||
(a) A motion under this Section may be filed at any time | ||||
following the entry of a verdict or finding of guilty where the | ||||
conviction 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 | ||||
trafficking victim under Section 10-9 (involuntary servitude, | ||||
involuntary sexual servitude of a minor, or trafficking in | ||||
persons for forced labor or services) of the Criminal Code of | ||||
1961; or a victim of a severe form of trafficking under the | ||||
federal Trafficking Victims Protection Act (22 U.S.C. Section | ||||
7102(13)); provided that: | ||||
(1) a motion under this Section shall state why the | ||||
facts giving rise to this motion were not presented to the | ||||
trial court, and 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 Section; and | ||
(2) reasonable notice of the motion shall be served | ||
upon the State. | ||
(b) The court may grant the motion if, in the discretion of | ||
the court, the violation was a result of the defendant having | ||
been a victim of human trafficking. Evidence of such may | ||
include, but is not limited to: | ||
(1) certified records of federal or State court | ||
proceedings which demonstrate that the defendant was a | ||
victim of a trafficker charged with a trafficking offense | ||
under Section 10-9 of the Criminal Code of 1961 or under 22 | ||
U.S.C. Chapter 78; | ||
(2) certified records of "approval notices" or "law | ||
enforcement certifications" generated from federal | ||
immigration proceedings available to such victims; or | ||
(3) a sworn statement from a trained professional staff | ||
of a victim services organization, an attorney, a member of | ||
the clergy, or a medical or other professional from whom | ||
the defendant has sought assistance in addressing the | ||
trauma associated with being trafficked. | ||
Alternatively, the court may consider such other evidence | ||
as it deems of sufficient credibility and probative value in | ||
determining whether the defendant is a trafficking victim or | ||
victim of a severe form of trafficking. | ||
(c) If the court grants a motion under this Section, it | ||
must vacate the conviction and may take such additional action | ||
as is appropriate in the circumstances.
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