103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2755

 

Introduced 2/16/2023, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-25.2
725 ILCS 5/112A-29  from Ch. 38, par. 112A-29
725 ILCS 5/116-2.1
725 ILCS 203/20
750 ILCS 60/303  from Ch. 40, par. 2313-3

    Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of human trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.


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A BILL FOR

 

HB2755LRB103 27409 RLC 53781 b

1    AN ACT concerning victim rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 16-25.2 as follows:
 
6    (720 ILCS 5/16-25.2)
7    Sec. 16-25.2. Retail loss prevention report and notice
8requirements.
9    (a) A retail mercantile establishment that is a victim of
10a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
11have the right:
12        (1) to timely notification of all court proceedings as
13    defined under subsection (e) of Section 3 of the Rights of
14    Crime Victims and Witnesses Act. Timely notice shall
15    include 7 days' notice of any court proceedings. Timely
16    notice shall be sent to the location of the retail
17    mercantile establishment where the violation occurred and
18    to the point of contact as provided by the retail
19    mercantile establishment. The point of contact may be any
20    employee of the retail mercantile establishment or
21    representative as provided by the retail mercantile
22    establishment;
23        (2) to communicate with the prosecution;

 

 

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1        (3) to be reasonably heard at any post-arraignment
2    court proceeding in which a right of the victim is at issue
3    and any court proceeding involving a post-arraignment
4    release decision, plea, or sentencing;
5        (4) to be notified of the conviction, the sentence,
6    the imprisonment, and the release of the accused; and
7        (5) to have present at all court proceedings subject
8    to the rules of evidence an advocate of the retail
9    mercantile establishment's choice.
10    (b) Unless a retail mercantile establishment refuses to
11file a report regarding the incident, the law enforcement
12agency having jurisdiction shall file a report concerning the
13incident with the State's Attorney. No law enforcement agent
14shall discourage or attempt to discourage a retail mercantile
15establishment from filing a police report concerning the
16incident. Upon the request of the retail mercantile
17establishment, the law enforcement agency having jurisdiction
18shall provide a free copy of the police report concerning the
19incident, as soon as practicable, but in no event later than 5
20business days after the request. The Illinois Law Enforcement
21Training Standards Board shall not consider any allegation of
22a violation of this subsection that is contained in a
23complaint made under Section 1-35 of the Police and Community
24Relations Improvement Act.
25(Source: P.A. 102-757, eff. 5-13-22.)
 

 

 

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1    Section 10. The Code of Criminal Procedure of 1963 is
2amended by changing Sections 112A-29 and 116-2.1 as follows:
 
3    (725 ILCS 5/112A-29)  (from Ch. 38, par. 112A-29)
4    Sec. 112A-29. Reports by law enforcement officers.
5    (a) Every law enforcement officer investigating an alleged
6incident of abuse between family or household members shall
7make a written police report of any bona fide allegation and
8the disposition of such investigation. The police report shall
9include the victim's statements as to the frequency and
10severity of prior incidents of abuse by the same family or
11household member and the number of prior calls for police
12assistance to prevent such further abuse.
13    (b) Every police report completed pursuant to this Section
14shall be recorded and compiled as a domestic crime within the
15meaning of Section 5.1 of the Criminal Identification Act.
16    (c) A law enforcement officer may not refuse to complete a
17written report as required by this Section on any ground. A law
18enforcement officer shall not discourage or attempt to
19discourage a victim from filing a police report concerning an
20incident of abuse.
21(Source: P.A. 87-1186.)
 
22    (725 ILCS 5/116-2.1)
23    Sec. 116-2.1. Motion to vacate prostitution convictions
24for offenses committed as a result of the defendants having

 

 

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1been human sex trafficking victims.
2    (a) A motion under this Section may be filed at any time
3following the entry of a verdict or finding of guilty for one
4or more offenses reported to have been committed as a result of
5where the conviction was under Section 11-14 (prostitution) or
6Section 11-14.2 (first offender; felony prostitution) of the
7Criminal Code of 1961 or the Criminal Code of 2012 or a similar
8local ordinance and the defendant defendant's participation in
9the offense was a result of having been a trafficking victim
10under Section 10-9 (involuntary servitude, involuntary sexual
11servitude of a minor, or trafficking in persons) of the
12Criminal Code of 1961 or the Criminal Code of 2012; or a victim
13of a severe form of trafficking under the federal Trafficking
14Victims Protection Act (22 U.S.C. Section 7102(13)); provided
15that:
16        (1) a motion under this Section shall state why the
17    facts giving rise to this motion were not presented to the
18    trial court, and shall be made with due diligence, after
19    the defendant has ceased to be a victim of such
20    trafficking or has sought services for victims of such
21    trafficking, subject to reasonable concerns for the safety
22    of the defendant, family members of the defendant, or
23    other victims of such trafficking that may be jeopardized
24    by the bringing of such motion, or for other reasons
25    consistent with the purpose of this Section; and
26        (2) reasonable notice of the motion shall be served

 

 

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1    upon the State.
2    (b) The court may grant the motion if, in the discretion of
3the court, the violation was a result of the defendant having
4been a victim of human trafficking. Determination of the
5motion under this Section shall be by a preponderance of the
6evidence. Evidence demonstrating the defendant's status as a
7victim of human trafficking at the time of the offense shall
8create a rebuttable presumption that the defendant was a
9victim of human trafficking at the time of the offense.
10Evidence of such may include, but is not limited to:
11        (1) certified records of federal or State court
12    proceedings which demonstrate that the defendant was a
13    victim of a trafficker charged with a trafficking offense
14    under Section 10-9 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
16        (2) certified records of "approval notices" or "law
17    enforcement certifications" generated from federal
18    immigration proceedings available to such victims; or
19        (3) a sworn statement from a trained professional
20    staff of a victim services organization, an attorney, a
21    member of the clergy, or a medical or other professional
22    from whom the defendant has sought assistance in
23    addressing the trauma associated with being trafficked.
24    Alternatively, the court may consider such other evidence
25as it deems of sufficient credibility and probative value in
26determining whether the defendant is a trafficking victim or

 

 

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1victim of a severe form of trafficking.
2    (c) If the court grants a motion under this Section, it
3must vacate the conviction and may take such additional action
4as is appropriate in the circumstances.
5    (d) Regardless of whether the court grants a motion under
6this Section, it may permit the defendant to file an expedited
7petition for expungement or sealing pursuant to the Criminal
8Identification Act to be heard whenever possible before the
9same judge to whom the motion to vacate his or her conviction
10was presented upon 30 days' notice to those entitled to
11notification of expungement or sealing proceedings pursuant to
12paragraph (4) of subsection (d) of Section 5.2 of the Criminal
13Identification Act.
14    (e) If the court grants a motion under this Section, the
15clerk of the court shall certify copies of the order to the
16defendant, the appropriate State's Attorney, and the arresting
17agency. The arresting agency is responsible for forwarding the
18order to any other agency listed in the court order and to
19which the arresting agency disseminated the criminal history
20record information to which the order pertains.
21(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
2297-1150, eff. 1-25-13.)
 
23    Section 15. The Sexual Assault Incident Procedure Act is
24amended by changing Section 20 as follows:
 

 

 

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1    (725 ILCS 203/20)
2    Sec. 20. Reports by law enforcement officers.
3    (a) A law enforcement officer shall complete a written
4police report upon receiving the following, regardless of
5where the incident occurred:
6        (1) an allegation by a person that the person has been
7    sexually assaulted or sexually abused regardless of
8    jurisdiction;
9        (2) information from hospital or medical personnel
10    provided under Section 3.2 of the Criminal Identification
11    Act; or
12        (3) information from a witness who personally observed
13    what appeared to be a sexual assault or sexual abuse or
14    attempted sexual assault or sexual abuse.
15    (b) The written report shall include the following, if
16known:
17        (1) the victim's name or other identifier;
18        (2) the victim's contact information;
19        (3) time, date, and location of offense;
20        (4) information provided by the victim;
21        (5) the suspect's description and name, if known;
22        (6) names of persons with information relevant to the
23    time before, during, or after the sexual assault or sexual
24    abuse, and their contact information;
25        (7) names of medical professionals who provided a
26    medical forensic examination of the victim and any

 

 

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1    information they provided about the sexual assault or
2    sexual abuse;
3        (8) whether an Illinois State Police Sexual Assault
4    Evidence Collection Kit was completed, the name and
5    contact information for the hospital, and whether the
6    victim consented to testing of the Evidence Collection Kit
7    by law enforcement;
8        (9) whether a urine or blood sample was collected and
9    whether the victim consented to testing of a toxicology
10    screen by law enforcement;
11        (10) information the victim related to medical
12    professionals during a medical forensic examination which
13    the victim consented to disclosure to law enforcement; and
14        (11) other relevant information.
15    (c) If the sexual assault or sexual abuse occurred in
16another jurisdiction, the law enforcement officer taking the
17report must submit the report to the law enforcement agency
18having jurisdiction in person or via fax or email within 24
19hours of receiving information about the sexual assault or
20sexual abuse.
21    (d) Within 24 hours of receiving a report from a law
22enforcement agency in another jurisdiction in accordance with
23subsection (c), the law enforcement agency having jurisdiction
24shall submit a written confirmation to the law enforcement
25agency that wrote the report. The written confirmation shall
26contain the name and identifier of the person and confirming

 

 

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1receipt of the report and a name and contact phone number that
2will be given to the victim. The written confirmation shall be
3delivered in person or via fax or email.
4    (e) No law enforcement officer shall require a victim of
5sexual assault or sexual abuse to submit to an interview.
6    (f) No law enforcement agency may refuse to complete a
7written report as required by this Section on any ground. A law
8enforcement officer shall not discourage or attempt to
9discourage a victim from filing a police report concerning
10sexual assault or sexual abuse.
11    (g) All law enforcement agencies shall ensure that all
12officers responding to or investigating a complaint of sexual
13assault or sexual abuse have successfully completed training
14under Section 10.21 of the Illinois Police Training Act and
15Section 2605-51 of the Illinois State Police Law of the Civil
16Administrative Code of Illinois.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 20. The Illinois Domestic Violence Act of 1986 is
19amended by changing Section 303 as follows:
 
20    (750 ILCS 60/303)  (from Ch. 40, par. 2313-3)
21    Sec. 303. Reports by law enforcement officers.
22    (a) Every law enforcement officer investigating an alleged
23incident of abuse, neglect, or exploitation between family or
24household members shall make a written police report of any

 

 

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1bona fide allegation and the disposition of such
2investigation. The police report shall include the victim's
3statements as to the frequency and severity of prior incidents
4of abuse, neglect, or exploitation by the same family or
5household member and the number of prior calls for police
6assistance to prevent such further abuse, neglect, or
7exploitation.
8    (b) Every police report completed pursuant to this Section
9shall be recorded and compiled as a domestic crime within the
10meaning of Section 5.1 of the Criminal Identification Act.
11    (c) No law enforcement officer may refuse to complete a
12written report as required by this Section on any ground. No
13law enforcement officer shall discourage or attempt to
14discourage a victim from filing a police report concerning an
15incident of abuse, neglect, or exploitation.
16(Source: P.A. 86-542; 87-1186.)