Bill Text: IL SB1037 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Sen. Toi W. Hutchinson

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 1037
AMENDMENT NO. ______. Amend Senate Bill 1037 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Section 116-2.1 as follows:
(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

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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

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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.".