Full Text of HB2843 100th General Assembly
HB2843ham001 100TH GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2843
| 2 | | AMENDMENT NO. ______. Amend House Bill 2843 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 116-2.1 as follows: | 6 | | (725 ILCS 5/116-2.1) | 7 | | Sec. 116-2.1. Motion to vacate prostitution convictions | 8 | | for human sex trafficking victims. | 9 | | (a) A motion under this Section may be filed at any time | 10 | | following the entry of a verdict or finding of guilty of an | 11 | | offense where the conviction was under Section 11-14 | 12 | | (prostitution) or Section 11-14.2 (first offender; felony | 13 | | prostitution) of the Criminal Code of 1961 or the Criminal Code | 14 | | of 2012 or a similar local ordinance and the movant's | 15 | | defendant's participation in the offense was a result of having | 16 | | been a trafficking victim under Section 10-9 (involuntary |
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| 1 | | servitude, involuntary sexual servitude of a minor, or | 2 | | trafficking in persons) of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012; or a victim of a severe form of | 4 | | trafficking under the federal Trafficking Victims Protection | 5 | | Act (22 U.S.C. Section 7102(13)) . The motion shall comply with | 6 | | subsection (a-5) or (a-7) of this Section, whichever is | 7 | | applicable. ; provided that: | 8 | | (a-5) For motions to vacate a conviction under Section | 9 | | 11-14 (prostitution) or Section 11-14.2 (first offender; | 10 | | felony prostitution) of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012 or a similar local ordinance: | 12 | | (1) The a motion under this Section shall state why the | 13 | | facts giving rise to this motion were not presented to the | 14 | | trial court, and shall be made with due diligence, after | 15 | | the movant defendant has ceased to be a victim of such | 16 | | trafficking or has sought services for victims of such | 17 | | trafficking, subject to reasonable concerns for the safety | 18 | | of the movant defendant , family members of the movant | 19 | | defendant , or other victims of such trafficking that may be | 20 | | jeopardized by the bringing of the such motion, or for | 21 | | other reasons consistent with the purpose of this Section . | 22 | | ; and | 23 | | (2) Reasonable reasonable notice of the motion shall be | 24 | | served upon the State. | 25 | | (3) The court may grant the motion if, in the | 26 | | discretion of the court, the violation was a result of the |
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| 1 | | movant having been a victim of human trafficking. | 2 | | (a-7) For a motion to vacate a conviction under any other | 3 | | provision of the Criminal Code of 1961 or the Criminal Code of | 4 | | 2012 except offenses in subsection (a-5) of this Section: | 5 | | (1) The motion shall be supported by affidavit or other | 6 | | appropriate showing as to matters not of record and shall | 7 | | be served upon the State with reasonable notice. | 8 | | (2) The court shall grant a motion under this | 9 | | subsection (a-7) if the movant establishes, by clear and | 10 | | convincing evidence, that: | 11 | | (A) the movant was a victim of human trafficking or | 12 | | involuntary servitude as defined in Section 10-9 of the | 13 | | Criminal Code of 2012 or 22 U.S.C. Chapter 78, on the | 14 | | date of the offense for which he or she has been | 15 | | convicted; | 16 | | (B) the movant did not raise the facts giving rise | 17 | | to this motion at trial because at the time of trial he | 18 | | or she was a victim of human trafficking or involuntary | 19 | | servitude as defined under as defined by Section 10-9 | 20 | | of the Criminal Code of 2012 or 22 U.S.C. Chapter 78; | 21 | | (C) the movant's participation in the offense for | 22 | | which he or she was convicted was as a direct result of | 23 | | human trafficking as defined by Section 10-9 of the | 24 | | Criminal Code of 2012 or 22 U.S.C. Chapter 78; and | 25 | | (D) the movant exercised due diligence in bringing | 26 | | the motion after he or she ceased to be a victim of |
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| 1 | | human trafficking or has sought services for victims of | 2 | | trafficking, subject to reasonable concerns for the | 3 | | safety of the movant, family members of the movant, or | 4 | | other victims of trafficking that may be jeopardized by | 5 | | the bringing of a motion, or for other reasons | 6 | | consistent with the purpose of this Section. | 7 | | (3) Notwithstanding this Section, the Court shall not | 8 | | vacate a conviction under paragraph (1) or (2) of | 9 | | subsection (a) of Section 9-1 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012. | 11 | | (b) For the purposes of this Section, evidence of the | 12 | | movant having been a victim of human trafficking The court may | 13 | | grant the motion if, in the discretion of the court, the | 14 | | violation was a result of the defendant having been a victim of | 15 | | human trafficking. Evidence of such may include, but is not | 16 | | limited to: | 17 | | (1) certified records of federal or State court | 18 | | proceedings which demonstrate that the movant defendant | 19 | | was a victim of a trafficker charged with a trafficking | 20 | | offense under Section 10-9 of the Criminal Code of 1961 or | 21 | | the Criminal Code of 2012, or under 22 U.S.C. Chapter 78; | 22 | | (2) certified records of "approval notices" or "law | 23 | | enforcement certifications" generated from federal | 24 | | immigration proceedings available to the such victims; or | 25 | | (3) a sworn statement from a trained professional staff | 26 | | of a victim services organization, an attorney, a member of |
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| 1 | | the clergy, or a medical or other professional from whom | 2 | | the movant defendant has sought assistance in addressing | 3 | | the trauma associated with being trafficked. | 4 | | Alternatively, the court may consider such other evidence | 5 | | as it deems of sufficient credibility and probative value in | 6 | | determining whether the movant defendant is a trafficking | 7 | | victim or victim of a severe form of trafficking. | 8 | | (c) If the court grants a motion under this Section, it | 9 | | must vacate the conviction and may take such additional action | 10 | | as is appropriate in the circumstances.
| 11 | | (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; | 12 | | 97-1150, eff. 1-25-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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