Bill Amendment: IL HB3237 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRAFFICKING VICTIMS-DEFENSE

Status: 2025-07-23 - Added Co-Sponsor Rep. Jeff Keicher [HB3237 Detail]

Download: Illinois-2025-HB3237-House_Amendment_001.html

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Rep. Jennifer Sanalitro

Filed: 3/12/2025

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AMENDMENT TO HOUSE BILL 3237
AMENDMENT NO. ______. Amend House Bill 3237 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by adding
Section 6-3.1 as follows:
(720 ILCS 5/6-3.1 new)
Sec. 6-3.1. Trafficking victims; defense.
(a) In this Section, "trafficking victim" has the meaning
ascribed to that term in paragraph (10) of subsection (a) of
Section 10-9.
(b) A person is not engaged in conduct that would
constitute a felony or a Class A misdemeanor or in a place
where the person does not have a right to be if the person is
engaged in the activity or in the place due to the person's
status as a trafficking victim.
(c) The person must prove the person's status as a

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trafficking victim by a preponderance of the evidence.
(d) The person may provide evidence of the person's status
as a trafficking victim through testimony or other such
evidence the court deems of sufficient credibility and
probative value in determining whether the person is a
trafficking victim.
(e) If the person files a motion as defined in Section
115-6.1 of the Code of Criminal Procedure of 1963, the court
shall follow the procedure defined in Section 115-6.1 in the
Code of Criminal Procedure of 1963.
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-6.1 as follows:
(725 ILCS 5/115-6.1)
Sec. 115-6.1. Affirmative Prostitution; affirmative
defense as a result of human trafficking.
(a) In prosecutions for prostitution, when the accused
intends to raise at trial the affirmative defense provided in
Section 6-3.1 of the Criminal Code of 2012 or subsection (c-5)
of Section 11-14 of the Criminal Code of 2012 and has reason to
believe that the evidence presented in asserting that defense
may jeopardize the safety of the accused, courtroom personnel,
or others impacted by human trafficking, the accused may file
under seal a motion for an in camera hearing to review the
accused's safety concerns. Upon receipt of the motion and

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notice to the parties, the court shall conduct an in camera
hearing, with counsel present, limited to review of potential
safety concerns. The court shall cause an official record of
the in camera hearing to be made, which shall be kept under
seal. The court shall not consider the merits of the
affirmative defense during the in camera review.
(b) If the court finds by a preponderance of the evidence
that the assertion of an affirmative defense under Section
6-3.1 of the Criminal Code of 2012 or subsection (c-5) of
Section 11-14 of the Criminal Code of 2012 by the accused in
open court would likely jeopardize the safety of the accused,
court personnel, or other persons, the court may clear the
courtroom with the agreement of the accused, order additional
in camera hearings, seal the records, prohibit court personnel
from disclosing the proceedings without prior court approval,
or take any other appropriate measure that in the court's
discretion will enhance the safety of the proceedings and
ensure the accused a full and fair opportunity to assert his or
her affirmative defense.
(c) Statements made by the accused during the in camera
hearing to review safety concerns shall not be admissible
against the accused for the crimes charged.
(Source: P.A. 99-109, eff. 7-22-15.)".