102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3365

 

Introduced 2/22/2021, 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. Allow a person who has been the victim of human trafficking; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures, venue, and remedies in these actions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3365LRB102 11449 RLC 16783 b

1    AN ACT concerning human trafficking orders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Human
5Trafficking Order of Protection Act.
 
6    Section 3. Purpose and construction. The purpose of this
7Article is to protect the safety of victims of human
8trafficking and the safety of their family and household
9members; and to minimize the trauma and inconvenience
10associated with attending separate and multiple civil court
11proceedings to obtain human trafficking orders. This Article
12shall be interpreted in accordance with the constitutional
13rights of crime victims set forth in Article I, Section 8.1 of
14the Illinois Constitution, the purposes set forth in Section 2
15of the Rights of Crime Victims and Witnesses Act, and the use
16of human trafficking orders to implement the victim's right to
17be reasonably protected from the defendant as provided in
18Section 4.5 of the Rights of Victims and Witnesses Act.
 
19    Section 5. Definitions. In this Act:
20    "Human trafficking means a violation of:
21        (1) subsection (b) of Section 10-9 of the Criminal
22    Code of 2012 (involuntary servitude);

 

 

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1        (2) subsection (c) of Section 10-9 of the Criminal
2    Code of 2012 (involuntary sexual servitude of a minor); or
3        (3) subsection (d) of Section 10-9 of the Criminal
4    Code of 2012 (trafficking in persons).
 
5    Section 10. Persons who may bring actions. The following
6persons may bring an action under this Act:
7    (1) a person who is a victim of human trafficking
8regardless of the relationship between the victim and the
9trafficker; or
10    (2) a person on behalf of a minor child or an adult who has
11been the victim of human trafficking.
 
12    Section 15. Commencement of action; filing fees;
13dismissal.
14    (a) How to commence action. Actions for human trafficking
15orders of protection are commenced:
16        (1) Independently: By filing a petition for a human
17    trafficking order of protection in any civil court, unless
18    specific courts are designated by local rule or order.
19        (2) In conjunction with another civil proceeding: By
20    filing a petition for a human trafficking order of
21    protection under the same case number as another civil
22    proceeding involving the parties.
23        (3) In conjunction with a delinquency petition or a
24    criminal prosecution.

 

 

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1    (a-5) When a petition for an emergency human trafficking
2order of protection is filed, the petition shall not be
3publicly available until the petition is served on the
4respondent.
5    (b) Filing, certification, and service fees. No fee shall
6be charged by the clerk for filing, amending, vacating,
7certifying, or photocopying petitions or orders; or for
8issuing alias summons; or for any related filing service. No
9fee shall be charged by the sheriff for service by the sheriff
10of a petition, rule, motion, or order in an action commenced
11under this Section.
12    (c) Dismissal and consolidation. Withdrawal or dismissal
13of any petition for a human trafficking order of protection
14prior to adjudication where the petitioner is represented by
15the State shall operate as a dismissal without prejudice. No
16action for a human trafficking order of protection shall be
17dismissed because the respondent is being prosecuted for a
18crime against the petitioner. An independent action may be
19consolidated with another civil proceeding, as provided by
20paragraph (2) of subsection (a) of this Section.
21    For any action commenced under paragraph (2) or (3) of
22subsection (a) of this Section, dismissal of the conjoined
23case (or a finding of not guilty) shall not require dismissal
24of the action for the human trafficking order of protection;
25instead, it may be treated as an independent action and, if
26necessary and appropriate, transferred to a different court or

 

 

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1division. Dismissal of any conjoined case shall not affect the
2validity of any previously issued a human trafficking order of
3protection.
4    (d) Pro se petitions. The court shall provide, through the
5office of the clerk of the court, simplified forms and
6clerical assistance to help with the writing and filing of a
7petition under this Section by any person not represented by
8counsel. In addition, that assistance may be provided by the
9State's Attorney.
10    (e) As provided in this subsection, the Director of the
11Administrative Office of the Illinois Courts, with the
12approval of the administrative board of the courts, may adopt
13rules to establish and implement a pilot program to allow the
14electronic filing of petitions for temporary orders of
15protection and the issuance of such orders by audio-visual
16means to accommodate litigants for whom attendance in court to
17file for and obtain emergency relief would constitute an undue
18hardship or would constitute a risk of harm to the litigant. As
19used in this subsection:
20        "Electronic means" means any method of transmission of
21    information between computers or other machines designed
22    for the purpose of sending or receiving electronic
23    transmission and that allows for the recipient of
24    information to reproduce the information received in a
25    tangible medium of expression.
26        "Independent audio-visual system" means an electronic

 

 

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1    system for the transmission and receiving of audio and
2    visual signals, including those with the means to preclude
3    the unauthorized reception and decoding of the signals by
4    commercially available television receivers, channel
5    converters, or other available receiving devices.
6        "Electronic appearance" means an appearance in which
7    one or more of the parties are not present in the court,
8    but in which, by means of an independent audio-visual
9    system, all of the participants are simultaneously able to
10    see and hear reproductions of the voices and images of the
11    judge, counsel, parties, witnesses, and any other
12    participants.
 
13    Section 20. Application of rules of civil procedure.
14    (a) Rules of civil procedure applicable. Any proceeding to
15obtain, modify, reopen, or appeal a human trafficking order of
16protection, whether commenced alone or in conjunction with a
17civil or criminal proceeding, shall be governed by the rules
18of civil procedure of this State. The standard of proof in such
19a proceeding is proof by a preponderance of the evidence,
20whether the proceeding is heard in criminal or civil court.
21The Code of Civil Procedure and Supreme Court and local court
22rules applicable to civil proceedings shall apply, except as
23otherwise provided by this law.
24    (b) Trial by jury. There shall be no right to trial by jury
25in any proceeding to obtain, modify, vacate or extend any

 

 

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1human trafficking order of protection under this Act. However,
2nothing in this Section shall deny any existing right to trial
3by jury in a criminal proceeding.
4    (c) Venue; filing. A petition for a human trafficking
5order of protection may be filed in any county where: (i) the
6petitioner resides, (ii) respondent resides, or (iii) the
7alleged human trafficking occurred.
8    (d) Objection. Objection to venue is waived if not made
9within such time as respondent's response is due, except as
10otherwise provided in this Section. In no event shall venue be
11deemed jurisdictional.
12    (e) Process; summons. Any action for a human trafficking
13of protection, whether commenced alone or in conjunction with
14another proceeding, is a distinct cause of action and requires
15that a separate summons be issued and served, except that in
16pending cases the following methods may be used:
17        (1) by delivery of the summons to respondent
18    personally in open court in pending civil or criminal
19    cases; or
20        (2) by notice in civil cases in which the defendant
21    has filed a general appearance.
22    The summons shall be in the form prescribed by Supreme
23Court Rule 101(d), except that it shall require respondent to
24answer or appear within 7 days. Attachments to the summons or
25notice shall include the petition for the human trafficking
26order of protection and supporting affidavits, if any, and any

 

 

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1emergency human trafficking of protection that has been
2issued. The enforcement of a human trafficking order of
3protection shall not be affected by the lack of service,
4delivery, or notice.
 
5    Section 25. Remedies. The court may provide relief as
6follows:
7    (1) prohibit the respondent from knowingly coming within,
8or knowingly remaining within, a specified distance from the
9petitioner;
10    (2) restrain the respondent from having any contact,
11including nonphysical contact, with the petitioner directly,
12indirectly, or through third parties, regardless of whether
13those third parties know of the order;
14    (3) prohibit the respondent from knowingly coming within,
15or knowingly remaining within, a specified distance from the
16petitioner's residence, school, day care or other specified
17location;
18    (4) order the respondent to stay away from any property or
19animal owned, possessed, leased, kept, or held by the
20petitioner and forbid the respondent from taking,
21transferring, encumbering, concealing, harming, or otherwise
22disposing of the property or animal; and
23    (5) order any other injunctive relief as necessary or
24appropriate for the protection of the petitioner.