Bill Amendment: IL HB2843 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-MOTION TO VACATE

Status: 2019-01-08 - Session Sine Die [HB2843 Detail]

Download: Illinois-2017-HB2843-House_Amendment_001.html

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Rep. Ann M. Williams

Filed: 3/24/2017

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AMENDMENT TO HOUSE BILL 2843
AMENDMENT NO. ______. Amend House Bill 2843 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 116-2.1 as follows:
(725 ILCS 5/116-2.1)
Sec. 116-2.1. Motion to vacate prostitution convictions
for human sex trafficking victims.
(a) A motion under this Section may be filed at any time
following the entry of a verdict or finding of guilty of an
offense where the conviction was under Section 11-14
(prostitution) or Section 11-14.2 (first offender; felony
prostitution) of the Criminal Code of 1961 or the Criminal Code
of 2012 or a similar local ordinance and the movant's
defendant's participation in the offense was a result of having
been a trafficking victim under Section 10-9 (involuntary

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servitude, involuntary sexual servitude of a minor, or
trafficking in persons) of the Criminal Code of 1961 or the
Criminal Code of 2012; or a victim of a severe form of
trafficking under the federal Trafficking Victims Protection
Act (22 U.S.C. Section 7102(13)). The motion shall comply with
subsection (a-5) or (a-7) of this Section, whichever is
applicable. ; provided that:
(a-5) For motions to vacate a conviction under Section
11-14 (prostitution) or Section 11-14.2 (first offender;
felony prostitution) of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar local ordinance:
(1) The a motion under this Section shall state why the
facts giving rise to this motion were not presented to the
trial court, and shall be made with due diligence, after
the movant defendant has ceased to be a victim of such
trafficking or has sought services for victims of such
trafficking, subject to reasonable concerns for the safety
of the movant defendant, family members of the movant
defendant, or other victims of such trafficking that may be
jeopardized by the bringing of the such motion, or for
other reasons consistent with the purpose of this Section.
; and
(2) Reasonable reasonable notice of the motion shall be
served upon the State.
(3) The court may grant the motion if, in the
discretion of the court, the violation was a result of the

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movant having been a victim of human trafficking.
(a-7) For a motion to vacate a conviction under any other
provision of the Criminal Code of 1961 or the Criminal Code of
2012 except offenses in subsection (a-5) of this Section:
(1) The motion shall be supported by affidavit or other
appropriate showing as to matters not of record and shall
be served upon the State with reasonable notice.
(2) The court shall grant a motion under this
subsection (a-7) if the movant establishes, by clear and
convincing evidence, that:
(A) the movant was a victim of human trafficking or
involuntary servitude as defined in Section 10-9 of the
Criminal Code of 2012 or 22 U.S.C. Chapter 78, on the
date of the offense for which he or she has been
convicted;
(B) the movant did not raise the facts giving rise
to this motion at trial because at the time of trial he
or she was a victim of human trafficking or involuntary
servitude as defined under as defined by Section 10-9
of the Criminal Code of 2012 or 22 U.S.C. Chapter 78;
(C) the movant's participation in the offense for
which he or she was convicted was as a direct result of
human trafficking as defined by Section 10-9 of the
Criminal Code of 2012 or 22 U.S.C. Chapter 78; and
(D) the movant exercised due diligence in bringing
the motion after he or she ceased to be a victim of

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human trafficking or has sought services for victims of
trafficking, subject to reasonable concerns for the
safety of the movant, family members of the movant, or
other victims of trafficking that may be jeopardized by
the bringing of a motion, or for other reasons
consistent with the purpose of this Section.
(3) Notwithstanding this Section, the Court shall not
vacate a conviction under paragraph (1) or (2) of
subsection (a) of Section 9-1 of the Criminal Code of 1961
or the Criminal Code of 2012.
(b) For the purposes of this Section, evidence of the
movant having been a victim of human trafficking The court may
grant the motion if, in the discretion of the court, the
violation was a result of the defendant having been a victim of
human trafficking. Evidence of such may include, but is not
limited to:
(1) certified records of federal or State court
proceedings which demonstrate that the movant defendant
was a victim of a trafficker charged with a trafficking
offense under Section 10-9 of the Criminal Code of 1961 or
the Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
(2) certified records of "approval notices" or "law
enforcement certifications" generated from federal
immigration proceedings available to the such victims; or
(3) a sworn statement from a trained professional staff
of a victim services organization, an attorney, a member of

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the clergy, or a medical or other professional from whom
the movant defendant has sought assistance in addressing
the trauma associated with being trafficked.
Alternatively, the court may consider such other evidence
as it deems of sufficient credibility and probative value in
determining whether the movant defendant is a trafficking
victim or victim of a severe form of trafficking.
(c) If the court grants a motion under this Section, it
must vacate the conviction and may take such additional action
as is appropriate in the circumstances.
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
97-1150, eff. 1-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".