Illinois General Assembly - Full Text of HB4402
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Full Text of HB4402  102nd General Assembly

HB4402 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4402

 

Introduced 1/21/2022, by Rep. Chris Bos and Mark Batinick

 

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; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies.


LRB102 21882 RLC 31003 b

 

 

A BILL FOR

 

HB4402LRB102 21882 RLC 31003 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
7Act is to protect the safety of victims of human trafficking
8and the safety of their family and household members and to
9minimize the trauma and inconvenience associated with
10attending separate and multiple civil court proceedings to
11obtain orders of protection. This Act shall be interpreted in
12accordance with the constitutional rights of crime victims set
13forth in Article I, Section 8.1 of the Illinois Constitution,
14the purposes set forth in Section 2 of the Rights of Crime
15Victims and Witnesses Act, and the use of orders of protection
16to implement the victim's right to be reasonably protected
17from the defendant as provided in Section 4.5 of the Rights of
18Victims and Witnesses Act.
 
19    Section 5. Definitions. As used in this Act:
20    "Electronic" means any method of transmission of
21information between computers or other machines designed for
22the purpose of sending or receiving electronic transmission

 

 

HB4402- 2 -LRB102 21882 RLC 31003 b

1and that allows for the recipient of information to reproduce
2the information received in a tangible medium of expression.
3    "Electronic appearance" means an appearance in which one
4or more of the parties are not present in the court, but in
5which, by means of an independent audio-visual system, all of
6the participants are simultaneously able to see and hear
7reproductions of the voices and images of the judge, counsel,
8parties, witnesses, and any other participants.
9    "Human trafficking" means a violation of:
10        (1) subsection (b) of Section 10-9 of the Criminal
11    Code of 2012 (involuntary servitude);
12        (2) subsection (c) of Section 10-9 of the Criminal
13    Code of 2012 (involuntary sexual servitude of a minor); or
14        (3) subsection (d) of Section 10-9 of the Criminal
15    Code of 2012 (trafficking in persons).
16    "Independent audio-visual system" means an electronic
17system for the transmission and receiving of audio and visual
18signals, including those with the means to preclude the
19unauthorized reception and decoding of the signals by
20commercially available television receivers, channel
21converters, or other available receiving devices.
 
22    Section 10. Persons who may bring actions. The following
23persons may bring an action under this Act:
24    (1) a person who is a victim of human trafficking
25regardless of the relationship between the victim and the

 

 

HB4402- 3 -LRB102 21882 RLC 31003 b

1trafficker; or
2    (2) a person on behalf of a minor child or an adult who has
3been the victim of human trafficking.
 
4    Section 15. Commencement of action; filing fees;
5dismissal.
6    (a) Actions for human trafficking orders of protection are
7commenced:
8        (1) Independently, by filing a petition for a human
9    trafficking order of protection in the circuit court,
10    unless otherwise designated by local rule or order.
11        (2) In conjunction with another civil proceeding, by
12    filing a petition for a human trafficking order of
13    protection under the same case number as another civil
14    proceeding involving the parties.
15        (3) In conjunction with a delinquency petition or a
16    criminal prosecution, by filing a petition for a human
17    trafficking order of protection under the same case number
18    as the delinquency petition or a criminal case involving
19    the parties.
20    (b) When a petition for an emergency human trafficking
21order of protection is filed, the petition shall not be
22publicly available until the petition has been served on the
23respondent.
24    (c) No fee shall be charged by the clerk for filing,
25amending, vacating, certifying, or photocopying petitions or

 

 

HB4402- 4 -LRB102 21882 RLC 31003 b

1orders, for issuing alias summons, or for any related filing
2service. No fee shall be charged by the sheriff for service by
3the sheriff of a petition, rule, motion, or order in an action
4commenced under this Section.
5    (d) Withdrawal or dismissal of any petition for a human
6trafficking order of protection prior to adjudication where
7the petitioner is represented by the State shall operate as a
8dismissal without prejudice. No action for a human trafficking
9order of protection shall be dismissed because the respondent
10is being prosecuted for a crime against the petitioner. An
11independent action may be consolidated with another civil
12proceeding, as provided by paragraph (2) of subsection (a).
13    For any action commenced under paragraph (2) or (3) of
14subsection (a), dismissal of the conjoined case (or a finding
15of not guilty) shall not require dismissal of the action for
16the human trafficking order of protection; instead, action for
17the human trafficking order of protection may be treated as an
18independent action and, if necessary and appropriate,
19transferred to a different court or division. Dismissal of any
20conjoined case shall not affect the validity of any previously
21issued human trafficking order of protection.
22    (e) The court shall provide, through the office of the
23clerk of the court, simplified forms and clerical assistance
24to help with the writing and filing of a petition under this
25Section by any person not represented by counsel. In addition,
26that assistance may be provided by the State's Attorney.

 

 

HB4402- 5 -LRB102 21882 RLC 31003 b

1    (f) The Administrative Office of the Illinois Courts, with
2the approval of the Supreme Court, may adopt rules to
3establish and implement a pilot program to allow the
4electronic filing of petitions for temporary human trafficking
5orders of protection and the issuance of such orders by
6audio-visual means to accommodate litigants for whom
7attendance in court to file for and obtain emergency relief
8would constitute an undue hardship or would constitute a risk
9of harm to the litigant.
 
10    Section 20. Application of rules of civil procedure.
11    (a) Any proceeding to obtain, modify, reopen, or appeal a
12human trafficking order of protection, whether commenced alone
13or in conjunction with a civil or criminal proceeding, shall
14be governed by the rules of civil procedure of this State. The
15standard of proof in such a proceeding is proof by a
16preponderance of the evidence, whether the proceeding is heard
17in criminal or civil court. The Code of Civil Procedure and
18Supreme Court and local court rules applicable to civil
19proceedings shall apply, except as otherwise provided by this
20Act.
21    (b) There shall be no right to trial by jury in any
22proceeding to obtain, modify, vacate, or extend any human
23trafficking order of protection under this Act. However,
24nothing in this Section shall deny any existing right to trial
25by jury in a criminal proceeding.

 

 

HB4402- 6 -LRB102 21882 RLC 31003 b

1    (c) A petition for a human trafficking order of protection
2may be filed in any county where: (i) the petitioner resides;
3(ii) respondent resides; or (iii) the alleged human
4trafficking occurred.
5    (d) Objection to venue is waived if not made within such
6time as respondent's response is due, except as otherwise
7provided in this Section. In no event shall venue be deemed
8jurisdictional.
9    (e) Any action for a human trafficking order of
10protection, whether commenced alone or in conjunction with
11another proceeding, is a distinct cause of action and requires
12that a separate summons be issued and served, except that in
13pending cases the following methods may be used:
14        (1) by delivery of the summons to respondent
15    personally in open court in pending civil or criminal
16    cases; or
17        (2) by notice in civil cases in which the defendant
18    has filed a general appearance.
19    The summons shall be in the form prescribed by Supreme
20Court Rule 101(d), except that it shall require the respondent
21to answer or appear within 7 days. Attachments to the summons
22or notice shall include the petition for the human trafficking
23order of protection and supporting affidavits, if any, and any
24emergency human trafficking order of protection that has been
25issued. The enforcement of a human trafficking order of
26protection shall not be affected by the lack of service,

 

 

HB4402- 7 -LRB102 21882 RLC 31003 b

1delivery, or notice.
 
2    Section 25. Remedies. The court may provide relief as
3follows:
4    (1) prohibit the respondent from knowingly coming within,
5or knowingly remaining within, a specified distance from the
6petitioner;
7    (2) restrain the respondent from having any contact,
8including nonphysical contact, with the petitioner directly,
9indirectly, or through third parties, regardless of whether
10those third parties know of the order;
11    (3) prohibit the respondent from knowingly coming within,
12or knowingly remaining within, a specified distance from the
13petitioner's residence, school, day care, or other specified
14location;
15    (4) order the respondent to stay away from any property or
16animal owned, possessed, leased, kept, or held by the
17petitioner and forbid the respondent from taking,
18transferring, encumbering, concealing, harming, or otherwise
19disposing of the property or animal; and
20    (5) order any other injunctive relief as necessary or
21appropriate for the protection of the petitioner.