Illinois General Assembly - Full Text of SB1704
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Full Text of SB1704  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Toi W. Hutchinson


725 ILCS 5/116-2.1

    Amends the Code of Criminal Procedure of 1963. Eliminates convictions of prostitution and felony prostitution under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance from a provision permitting a motion to vacate the conviction. Effective immediately.

LRB100 09540 SLF 19706 b





SB1704LRB100 09540 SLF 19706 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 116-2.1 as follows:
6    (725 ILCS 5/116-2.1)
7    Sec. 116-2.1. Motion to vacate prostitution convictions
8for human sex trafficking victims.
9    (a) A motion under this Section may be filed at any time
10following the entry of a verdict or finding of guilty where the
11conviction was under Section 11-14 (prostitution) or Section
1211-14.2 (first offender; felony prostitution) of the Criminal
13Code of 1961 or the Criminal Code of 2012 or a similar local
14ordinance and the defendant's participation in the offense was
15a result of having been a trafficking victim under Section 10-9
16(involuntary servitude, involuntary sexual servitude of a
17minor, or trafficking in persons) of the Criminal Code of 1961
18or the Criminal Code of 2012; or a victim of a severe form of
19trafficking under the federal Trafficking Victims Protection
20Act (22 U.S.C. Section 7102(13)); provided that:
21        (1) a motion under this Section shall state why the
22    facts giving rise to this motion were not presented to the
23    trial court, and shall be made with due diligence, after



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1    the defendant has ceased to be a victim of such trafficking
2    or has sought services for victims of such trafficking,
3    subject to reasonable concerns for the safety of the
4    defendant, family members of the defendant, or other
5    victims of such trafficking that may be jeopardized by the
6    bringing of such motion, or for other reasons consistent
7    with the purpose of this Section; and
8        (2) reasonable notice of the motion shall be served
9    upon the State.
10    (b) The court may grant the motion if, in the discretion of
11the court, the violation was a result of the defendant having
12been a victim of human trafficking. Evidence of such may
13include, but is not limited to:
14        (1) certified records of federal or State court
15    proceedings which demonstrate that the defendant was a
16    victim of a trafficker charged with a trafficking offense
17    under Section 10-9 of the Criminal Code of 1961 or the
18    Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
19        (2) certified records of "approval notices" or "law
20    enforcement certifications" generated from federal
21    immigration proceedings available to such victims; or
22        (3) a sworn statement from a trained professional staff
23    of a victim services organization, an attorney, a member of
24    the clergy, or a medical or other professional from whom
25    the defendant has sought assistance in addressing the
26    trauma associated with being trafficked.



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1    Alternatively, the court may consider such other evidence
2as it deems of sufficient credibility and probative value in
3determining whether the defendant is a trafficking victim or
4victim of a severe form of trafficking.
5    (c) If the court grants a motion under this Section, it
6must vacate the conviction and may take such additional action
7as is appropriate in the circumstances.
8(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
997-1150, eff. 1-25-13.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.