Summary as Introduced
Amends the Criminal Identification Act. Provides that a trafficking victim may petition for vacation and expungement of an offense (rather than shall be eligible to petition for immediate sealing) upon the completion of his or her last sentence if his or her participation in the underlying offense was proximately caused by the human trafficking (rather than a direct result of human trafficking). Provides that, if the offense is a crime of violence, the trafficking victim may petition for immediate sealing of the offense upon the completion of his or her last sentence. Provides that a petition may be prepared, signed, and filed electronically. Provides that the court may allow the petitioner to attend any required hearing remotely by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner, and provides that the court may allow a petition to be filed under seal if the public filing of the petition would constitute a risk of harm to the petitioner.
Staff Analysis
Amends the Criminal Identification Act. Provides that a trafficking victim may petition for vacation and expungement of an offense (rather than shall be eligible to petition for immediate sealing) upon the completion of his or her last sentence if his or her participation in the underlying offense was proximately caused by the human trafficking (rather than a direct result of human trafficking). Provides that, if the offense is a crime of violence, the trafficking victim may petition for immediate sealing of the offense upon the completion of his or her last sentence. Provides that a petition may be prepared, signed, and filed electronically. Provides that the court may allow the petitioner to attend any required hearing remotely by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner, and provides that the court may allow a petition to be filed under seal if the public filing of the petition would constitute a risk of harm to the petitioner.
House Amendment 1: Provides that a trafficking victim may petition for vacation and expungement or immediate sealing of his or her criminal record (rather than expungement of an offense) upon the completion of his or her last sentence under specified circumstances. Provides that, if the offense is a crime of violence that is not a misdemeanor offense (rather than a crime of violence), the trafficking victim may only petition for immediate sealing of the offense upon the completion of his or her last sentence.
House Amendment 2: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendment No. 1, with the following changes. Replaces a requirement making an offense eligible for vacation and expungement or immediate sealing if it was proximately caused by human trafficking with a provision allowing vacation and expungement or immediate sealing if the offense was a result of human trafficking. Removes an exception providing that a trafficking victim may petition only for immediate sealing if the offense was a crime of violence other than a misdemeanor.
House Amendment 3: Provides that a petition for the vacation and expungement or sealing of trafficking victims' crimes shall (rather than may) be prepared, signed, and filed in accordance with Supreme Court Rule 9 (rather than prepared, signed, and filed electronically). Provides that the court may allow the petitioner to attend any required hearing remotely in accordance with local rules (rather than by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner).