Full Text of HB3365 102nd General Assembly
HB3365 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3365 Introduced 2/22/2021, by Rep. Chris Bos SYNOPSIS AS INTRODUCED: |
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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 |
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| 1 | | AN ACT concerning human trafficking orders.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Human | 5 | | Trafficking Order of Protection Act. | 6 | | Section 3. Purpose and construction. The purpose of this | 7 | | Article is to protect the safety of victims of human | 8 | | trafficking and the safety of their family and household | 9 | | members; and to minimize the trauma and inconvenience | 10 | | associated with attending separate and multiple civil court | 11 | | proceedings to obtain human trafficking orders. This Article | 12 | | shall be interpreted in accordance with the constitutional | 13 | | rights of crime victims set forth in Article I, Section 8.1 of | 14 | | the Illinois Constitution, the purposes set forth in Section 2 | 15 | | of the Rights of Crime Victims and Witnesses Act, and the use | 16 | | of human trafficking orders to implement the victim's right to | 17 | | be reasonably protected from the defendant as provided in | 18 | | Section 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 | 6 | | persons may bring an action under this Act: | 7 | | (1) a person who is a victim of human trafficking | 8 | | regardless of the relationship between the victim and the | 9 | | trafficker; or | 10 | | (2) a person on behalf of a minor child or an adult who has | 11 | | been the victim of human trafficking. | 12 | | Section 15. Commencement of action; filing fees; | 13 | | dismissal.
| 14 | | (a) How to commence action. Actions for human trafficking | 15 | | orders 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 | 2 | | order of protection is filed, the petition shall not be | 3 | | publicly available until the petition is served on the | 4 | | respondent. | 5 | | (b) Filing, certification, and service fees. No fee shall | 6 | | be charged by the clerk for filing, amending, vacating, | 7 | | certifying, or photocopying petitions or orders; or for | 8 | | issuing alias summons; or for any related filing service. No | 9 | | fee shall be charged by the sheriff for service by the sheriff | 10 | | of a petition, rule, motion, or order in an action commenced | 11 | | under this Section. | 12 | | (c) Dismissal and consolidation. Withdrawal or dismissal | 13 | | of any petition for a human trafficking order of protection | 14 | | prior to adjudication where the petitioner is represented by | 15 | | the State shall operate as a dismissal without prejudice. No | 16 | | action for a human trafficking order of protection shall be | 17 | | dismissed because the respondent is being prosecuted for a | 18 | | crime against the petitioner. An independent action may be | 19 | | consolidated with another civil proceeding, as provided by | 20 | | paragraph (2) of subsection (a) of this Section. | 21 | | For any action commenced under paragraph (2) or (3) of | 22 | | subsection (a) of this Section, dismissal of the conjoined | 23 | | case (or a finding of not guilty) shall not require dismissal | 24 | | of the action for the human trafficking order of protection; | 25 | | instead, it may be treated as an independent action and, if | 26 | | necessary and appropriate, transferred to a different court or |
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| 1 | | division. Dismissal of any conjoined case shall not affect the | 2 | | validity of any previously issued a human trafficking order of | 3 | | protection. | 4 | | (d) Pro se petitions. The court shall provide, through the | 5 | | office of the clerk of the court, simplified forms and | 6 | | clerical assistance to help with the writing and filing of a | 7 | | petition under this Section by any person not represented by | 8 | | counsel. In addition, that assistance may be provided by the | 9 | | State's Attorney. | 10 | | (e) As provided in this subsection, the Director of the | 11 | | Administrative Office of the Illinois Courts, with the | 12 | | approval of the administrative board of the courts, may adopt | 13 | | rules to establish and implement a pilot program to allow the | 14 | | electronic filing of petitions for temporary orders of | 15 | | protection and the issuance of such orders by audio-visual | 16 | | means to accommodate litigants for whom attendance in court to | 17 | | file for and obtain emergency relief would constitute an undue | 18 | | hardship or would constitute a risk of harm to the litigant.
As | 19 | | used 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 | 15 | | obtain, modify, reopen, or appeal a human trafficking order of | 16 | | protection, whether commenced alone or in conjunction with a | 17 | | civil or criminal proceeding, shall be governed by the rules | 18 | | of civil procedure of this State. The standard of proof in such | 19 | | a proceeding is proof by a preponderance of the evidence, | 20 | | whether the proceeding is heard in criminal or civil court. | 21 | | The Code of Civil Procedure and Supreme Court and local court | 22 | | rules applicable to civil proceedings shall apply, except as | 23 | | otherwise provided by this law. | 24 | | (b) Trial by jury. There shall be no right to trial by jury | 25 | | in any proceeding to obtain, modify, vacate or extend any |
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| 1 | | human trafficking order of protection under this Act. However, | 2 | | nothing in this Section shall deny any existing right to trial | 3 | | by jury in a criminal proceeding. | 4 | | (c) Venue; filing. A petition for a human trafficking | 5 | | order of protection may be filed in any county where: (i) the | 6 | | petitioner resides, (ii) respondent resides, or (iii) the | 7 | | alleged human trafficking occurred. | 8 | | (d) Objection. Objection to venue is waived if not made | 9 | | within such time as respondent's response is due, except as | 10 | | otherwise provided in this Section. In no event shall venue be | 11 | | deemed jurisdictional. | 12 | | (e)
Process; summons. Any action for a human trafficking | 13 | | of protection, whether commenced alone or in conjunction with | 14 | | another proceeding, is a distinct cause of action and requires | 15 | | that a separate summons be issued and served, except that in | 16 | | pending 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 | 23 | | Court Rule 101(d), except that it shall require respondent to | 24 | | answer or appear within 7 days. Attachments to the summons or | 25 | | notice shall include the petition for the human trafficking | 26 | | order of protection and supporting affidavits, if any, and any |
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| 1 | | emergency human trafficking of protection that has been | 2 | | issued. The enforcement of a human trafficking order of | 3 | | protection shall not be affected by the lack of service, | 4 | | delivery, or notice.
| 5 | | Section 25. Remedies. The court may provide relief as | 6 | | follows: | 7 | | (1) prohibit the respondent from knowingly coming
within, | 8 | | or knowingly remaining within, a specified distance from the | 9 | | petitioner; | 10 | | (2) restrain the respondent from having any contact,
| 11 | | including nonphysical contact, with the petitioner directly, | 12 | | indirectly, or through third parties, regardless of whether | 13 | | those third parties know of the order; | 14 | | (3) prohibit the respondent from knowingly coming
within, | 15 | | or knowingly remaining within, a specified distance from the | 16 | | petitioner's residence, school, day care or other specified | 17 | | location; | 18 | | (4) order the respondent to stay away from any
property or | 19 | | animal owned, possessed, leased, kept, or held by the | 20 | | petitioner and forbid the respondent from taking, | 21 | | transferring, encumbering, concealing, harming, or otherwise | 22 | | disposing of the property or animal; and | 23 | | (5) order any other injunctive relief as necessary or
| 24 | | appropriate for the protection of the petitioner.
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