Public Act 097-0267
 
SB1037 EnrolledLRB097 04762 RLC 44801 b



    AN ACT concerning criminal law.

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



 
    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 
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.