Bill Text: IL SB2191 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Code of Civil Procedure. Adds provisions to allow relief at any time from a judgment that is a conviction in which the arresting charge was prostitution or first offender felony prostitution under the Criminal Code of 1961 or a similar local ordinance and the defendant's participation in the offense was a result of having been a victim of sex trafficking or trafficking in persons. Provides that a motion seeking this relief must be made with due diligence, after the defendant has ceased to be a victim of the trafficking or has sought victim services, subject to reasonable concerns for the safety of the defendant and others. Provides that official documentation, which is not required to obtain the relief, of the defendant's status as a victim of sex trafficking from a federal, state, or local government agency creates a presumption that the defendant's participation in the offense was a result of having been a victim of sex trafficking or trafficking in persons.

Sponsorship: Moderate Partisan Bill (Democrat 17-3)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2191 Detail]

Download: Illinois-2011-SB2191-Amended.html

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Sen. Toi W. Hutchinson

Filed: 3/15/2011

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AMENDMENT TO SENATE BILL 2191
AMENDMENT NO. ______. Amend Senate Bill 2191 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Section 2-1401 as follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30 days
from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis, bills
of review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds for
such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of the
order or judgment from which relief is sought or of the

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proceedings in which it was entered. Except as provided in
Section 6 of the Illinois Parentage Act of 1984, there shall be
no distinction between actions and other proceedings,
statutory or otherwise, as to availability of relief, grounds
for relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963, the petition must be filed not later than 2
years after the entry of the order or judgment. Time during
which the person seeking relief is under legal disability or
duress or the ground for relief is fraudulently concealed shall
be excluded in computing the period of 2 years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title or interest in or to any real or
personal property of any person, not a party to the original

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action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
(f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(g) A petition under this Section may be filed at any time
after the entry of judgment, if the judgment is a conviction
where the arresting charge was under Section 11-14
(prostitution) or Section 11-14.2 (first offender; felony
prostitution) of the Criminal Code of 1961 or a similar local
ordinance and the defendant's participation in the offense was
a result of having been a "trafficking victim" under Section
10-9 (involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services)
of the Criminal Code of 1961 or a "victim of a severe form of
trafficking" under the federal Trafficking Victims Protection
Act (U.S.C., Title 22, Chapter 78, Section 7102 (13)), provided
that:
(1) A petition under this subsection (g) shall be made
with due diligence, after the 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 defendant, family members of

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the defendant, or other victims of such trafficking that
may be jeopardized by the bringing of such motion, or for
other reasons consistent with the purpose of this
subsection (g).
(2) A petition under this subsection (g) must be
supported by an affidavit or other appropriate showing as
to matters not of record. All parties to the petition shall
be notified as provided by rule.
(3) Official documentation of the defendant's status
as a "trafficking victim" or a "victim of a severe form of
trafficking" from a federal, state, or local government
agency shall create a presumption that the defendant's
participation in the offense was a result of having been a
"trafficking victim" or a "victim of a severe form of
trafficking", but shall not be required for granting a
petition under this subsection (g).
(4) "Official documentation" includes, but is not
limited to, a police report, court record, or affidavit
generated from a federal, state, or local government
agency.
(5) To be entitled to relief under this subsection (g),
the petition must affirmatively set forth specific factual
allegations supporting each of the following elements: (i)
the existence of a meritorious defense or claim; (ii) due
diligence in presenting this defense or claim; and (iii)
due diligence in filing the petition for relief.

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If the court grants a petition under this subsection (g),
it must vacate the judgment and dismiss the accusatory
instrument, and may take such additional action as is
appropriate in the circumstances.
(Source: P.A. 95-331, eff. 8-21-07.)".