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HB1302 - 104th General Assembly
VICTIMS-HUMAN TRAFFICKING
Last Action
House Sponsors
Rep. Ann M. Williams - Mary Beth Canty, Theresa Mah, Michelle Mussman, Maura Hirschauer, Lilian Jiménez and Lindsey LaPointe
Senate Sponsors
(Sen. Robert Peters and Mary Edly-Allen)
Statutes Amended In Order of Appearance
725 ILCS 5/112A-29from Ch. 38, par. 112A-29
750 ILCS 60/303from Ch. 40, par. 2313-3
Synopsis As Introduced
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.
House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. In the amendatory changes to the Code of Criminal Procedure of 1963, deletes provision that a law enforcement officer may not refuse to complete a written written report as required by the provision on any ground. In the amendatory changes to the Code of Criminal Procedure of 1963 concerning a motion to vacate a conviction for an offense committed as a result of the defendant having been a human trafficking victim, deletes provision 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 and provides that with the exception of the expedited notice period and timeline for hearing, any petition to seal or expunge records shall be governed entirely by the provisions of the Criminal Identification Act. In the amendatory provisions of the Illinois Domestic Violence Act of 1986 concerning the written report by a law enforcement officer investigating an alleged incident of abuse, neglect, or exploitation between family or household members, provides that no law enforcement officer may refuse to complete a written report for a bona fide allegation (rather than any allegation) as required by the provision on any ground.
Senate Committee Amendment No. 1
Deletes reference to:
Deletes the amendatory changes to the Criminal Code of 2012.
Senate Committee Amendment No. 2
Deletes reference to:
Adds reference to:
725 ILCS 120/3from Ch. 38, par. 1403
725 ILCS 120/4from Ch. 38, par. 1404
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Further amends the Criminal Code of 2012. Deletes a provision concerning motions to vacate convictions for offenses committed as a result of the defendants having been human trafficking victims. Defines the term "court proceeding" for purposes of a provision that sets forth retail loss prevention report and notice requirements. Amends the Rights of Crime Victims and Witnesses Act. In the definition of "court proceeding", changes reference to "bond" to "pretrial release". Provides that timely notification shall include 7 days' notice of all court proceedings. Provides that for preliminary hearings and hearings regarding pretrial release or that alter the conditions of pretrial release only, if giving the victim 7 days' notice is impossible, fewer days may be timely, so long as the notice is provided as soon as practicable and in advance of the proceeding.
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/13/2025 | House | Filed with the Clerk by Rep. Kelly M. Cassidy |
| 1/28/2025 | House | First Reading |
| 1/28/2025 | House | Referred to Rules Committee |
| 2/11/2025 | House | Assigned to Restorative Justice & Public Safety Committee |
| 3/20/2025 | House | Do Pass / Short Debate Restorative Justice & Public Safety Committee; 006-003-000 |
| 3/20/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/25/2025 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy |
| 3/25/2025 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 3/26/2025 | House | House Floor Amendment No. 1 Rules Refers to Restorative Justice & Public Safety Committee |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/04/2025 | House | Added Chief Co-Sponsor Rep. Mary Beth Canty |
| 4/04/2025 | House | Added Co-Sponsor Rep. Theresa Mah |
| 4/04/2025 | House | Added Co-Sponsor Rep. Michelle Mussman |
| 4/04/2025 | House | Added Co-Sponsor Rep. Maura Hirschauer |
| 4/04/2025 | House | Added Co-Sponsor Rep. Lilian Jiménez |
| 4/04/2025 | House | Added Co-Sponsor Rep. Lindsey LaPointe |
| 4/04/2025 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy |
| 4/04/2025 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 4/07/2025 | House | House Floor Amendment No. 2 Rules Refers to Restorative Justice & Public Safety Committee |
| 4/08/2025 | House | House Floor Amendment No. 1 Recommends Be Adopted Restorative Justice & Public Safety Committee; 006-003-000 |
| 4/08/2025 | House | House Floor Amendment No. 2 Recommends Be Adopted Restorative Justice & Public Safety Committee; 006-003-000 |
| 4/08/2025 | House | Chief Sponsor Changed to Rep. Ann M. Williams |
| 4/09/2025 | House | House Floor Amendment No. 1 Withdrawn by Rep. Kelly M. Cassidy |
| 4/09/2025 | House | House Floor Amendment No. 2 Adopted |
| 4/09/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/09/2025 | House | Third Reading - Short Debate - Passed 076-038-000 |
| 4/09/2025 | House | House Floor Amendment No. 1 Tabled |
| 4/10/2025 | Senate | Arrive in Senate |
| 4/10/2025 | Senate | Placed on Calendar Order of First Reading |
| 4/10/2025 | Senate | Chief Senate Sponsor Sen. Linda Holmes |
| 4/10/2025 | Senate | First Reading |
| 4/10/2025 | Senate | Referred to Assignments |
| 4/23/2025 | Senate | Assigned to Criminal Law |
| 4/30/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Linda Holmes |
| 4/30/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 5/01/2025 | Senate | Alternate Chief Sponsor Changed to Sen. Robert Peters |
| 5/06/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Criminal Law |
| 5/06/2025 | Senate | Senate Committee Amendment No. 1 Postponed - Criminal Law |
| 5/06/2025 | Senate | Postponed - Criminal Law |
| 5/09/2025 | Senate | Rule 2-10 Committee Deadline Established As May 23, 2025 |
| 5/14/2025 | Senate | Postponed - Criminal Law |
| 5/23/2025 | Senate | Rule 2-10 Committee Deadline Established As June 1, 2025 |
| 5/27/2025 | Senate | Senate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters |
| 5/27/2025 | Senate | Senate Committee Amendment No. 2 Referred to Assignments |
| 5/27/2025 | Senate | Senate Committee Amendment No. 2 Assignments Refers to Criminal Law |
| 5/27/2025 | Senate | Rule 2-10 Third Reading/Passage Deadline Established As June 1, 2025 |
| 5/27/2025 | Senate | Senate Committee Amendment No. 1 Adopted |
| 5/27/2025 | Senate | Senate Committee Amendment No. 2 Adopted |
| 5/27/2025 | Senate | Do Pass as Amended Criminal Law; 007-000-000 |
| 5/27/2025 | Senate | Placed on Calendar Order of 2nd Reading |
| 5/27/2025 | Senate | Second Reading |
| 5/27/2025 | Senate | Placed on Calendar Order of 3rd Reading May 28, 2025 |
| 5/29/2025 | Senate | Third Reading - Passed; 056-000-000 |
| 5/29/2025 | House | Arrived in House |
| 5/29/2025 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2 |
| 5/29/2025 | House | Senate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams |
| 5/29/2025 | House | Senate Committee Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams |
| 5/29/2025 | House | Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee |
| 5/29/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee |
| 5/30/2025 | House | Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Restorative Justice & Public Safety Committee |
| 5/30/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Rules Referred to Restorative Justice & Public Safety Committee |
| 5/30/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mary Edly-Allen |
| 5/30/2025 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Restorative Justice & Public Safety Committee; 011-000-000 |
| 5/30/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Restorative Justice & Public Safety Committee; 011-000-000 |
| 5/31/2025 | House | Senate Committee Amendment No. 1 House Concurs 117-000-000 |
| 5/31/2025 | House | Senate Committee Amendment No. 2 House Concurs 117-000-000 |
| 5/31/2025 | House | House Concurs |
| 5/31/2025 | House | Passed Both Houses |
| 6/24/2025 | House | Sent to the Governor |