Bill Amendment: IL HB5468 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRAFFICKING VICTIMS-DEFENSE

Status: 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5468 Detail]

Download: Illinois-2023-HB5468-House_Amendment_001.html

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Rep. Jennifer Sanalitro

Filed: 4/1/2024

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AMENDMENT TO HOUSE BILL 5468
AMENDMENT NO. ______. Amend House Bill 5468 on page 1,
line 17, by replacing "clear and convincing evidence" with "a
preponderance of the evidence"; and
on page 1, line 18, by deleting "clear and convincing"; and
on page 1, by replacing line 20 with the following:
"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
116-6.1 of the Code of Criminal Procedure of 1963, the court
shall follow the procedure provided in that Section.
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-6.1 as follows:

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(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
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

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