Bill Status of HB 2418   103rd General Assembly

Short Description:  EXPUNGEMENT-TRAFFICKING VICTIM

House Sponsors
Rep. Jeff Keicher-Tony M. McCombie-Kelly M. Cassidy-Joyce Mason, Eva-Dina Delgado, Angelica Guerrero-Cuellar, Abdelnasser Rashid, Nabeela Syed and Kevin John Olickal

Senate Sponsors
(Sen. Erica Harriss-Jason Plummer, Dan McConchie, Terri Bryant, Sally J. Turner-Mary Edly-Allen and Andrew S. Chesney)


Last Action  View All Actions

DateChamber Action
  6/9/2023HousePublic Act . . . . . . . . . 103-0035

Statutes Amended In Order of Appearance
20 ILCS 2630/5.2

Synopsis As Introduced
Amends the Criminal Identification Act. Provides that a trafficking victim may petition for vacation and expungement of an offense (rather than shall be eligible to petition for immediate sealing) upon the completion of his or her last sentence if his or her participation in the underlying offense was proximately caused by the human trafficking (rather than a direct result of human trafficking). Provides that, if the offense is a crime of violence, the trafficking victim may petition for immediate sealing of the offense upon the completion of his or her last sentence. Provides that a petition may be prepared, signed, and filed electronically. Provides that the court may allow the petitioner to attend any required hearing remotely by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner, and provides that the court may allow a petition to be filed under seal if the public filing of the petition would constitute a risk of harm to the petitioner.

House Committee Amendment No. 1
Provides that a trafficking victim may petition for vacation and expungement or immediate sealing of his or her criminal record (rather than expungement of an offense) upon the completion of his or her last sentence under specified circumstances. Provides that, if the offense is a crime of violence that is not a misdemeanor offense (rather than a crime of violence), the trafficking victim may only petition for immediate sealing of the offense upon the completion of his or her last sentence.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendment No. 1, with the following changes. Replaces a requirement making an offense eligible for vacation and expungement or immediate sealing if it was proximately caused by human trafficking with a provision allowing vacation and expungement or immediate sealing if the offense was a result of human trafficking. Removes an exception providing that a trafficking victim may petition only for immediate sealing if the offense was a crime of violence other than a misdemeanor.

House Floor Amendment No. 3
Provides that a petition for the vacation and expungement or sealing of trafficking victims' crimes shall (rather than may) be prepared, signed, and filed in accordance with Supreme Court Rule 9 (rather than prepared, signed, and filed electronically). Provides that the court may allow the petitioner to attend any required hearing remotely in accordance with local rules (rather than by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner).

Actions 
DateChamber Action
  2/14/2023HouseFiled with the Clerk by Rep. Jeff Keicher
  2/15/2023HouseFirst Reading
  2/15/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Judiciary - Criminal Committee
  3/1/2023HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  3/6/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jeff Keicher
  3/6/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/8/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/9/2023HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/9/2023HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 015-000-000
  3/9/2023HouseAdded Co-Sponsor Rep. Eva-Dina Delgado
  3/10/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jeff Keicher
  3/17/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/21/2023HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/21/2023HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jeff Keicher
  3/21/2023HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/21/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 014-000-000
  3/22/2023HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/24/2023HouseAdded Chief Co-Sponsor Rep. Tony M. McCombie
  3/24/2023HouseAdded Chief Co-Sponsor Rep. Joyce Mason
  3/24/2023HouseHouse Floor Amendment No. 2 Adopted
  3/24/2023HouseHouse Floor Amendment No. 3 Adopted
  3/24/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2023HouseThird Reading - Short Debate - Passed 107-000-000
  3/24/2023HouseAdded Co-Sponsor Rep. Angelica Guerrero-Cuellar
  3/24/2023HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  3/24/2023HouseAdded Co-Sponsor Rep. Nabeela Syed
  3/24/2023HouseAdded Co-Sponsor Rep. Kevin John Olickal
  3/27/2023SenateArrive in Senate
  3/27/2023SenatePlaced on Calendar Order of First Reading March 28, 2023
  3/29/2023SenateChief Senate Sponsor Sen. Erica Harriss
  3/29/2023SenateFirst Reading
  3/29/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Special Committee on Criminal Law and Public Safety
  4/20/2023SenateDo Pass Special Committee on Criminal Law and Public Safety; 009-000-000
  4/20/2023SenatePlaced on Calendar Order of 2nd Reading April 25, 2023
  4/25/2023SenateSecond Reading
  4/25/2023SenatePlaced on Calendar Order of 3rd Reading April 26, 2023
  5/4/2023SenateThird Reading - Passed; 056-000-000
  5/4/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Jason Plummer
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Dan McConchie
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Terri Bryant
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Sally J. Turner
  5/4/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Mary Edly-Allen
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Andrew S. Chesney
  5/4/2023HousePassed Both Houses
  6/2/2023HouseSent to the Governor
  6/9/2023HouseGovernor Approved
  6/9/2023HouseEffective Date January 1, 2024
  6/9/2023HousePublic Act . . . . . . . . . 103-0035

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