HB1302 - 104th General Assembly (2025-2026)

VICTIMS-HUMAN TRAFFICKING
Last Action
08/15/2025 - House: Public Act . . . . . . . . . 104-0173
Statutes Amended In Order of Appearance
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
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 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:
720 ILCS 5/16-25.2  
Deletes the amendatory changes to the Criminal Code of 2012.

Senate Committee Amendment No. 2
Deletes reference to:
725 ILCS 5/116-2.1  
Adds reference to:
725 ILCS 120/3  from Ch. 38, par. 1403
725 ILCS 120/4  from Ch. 38, par. 1404
725 ILCS 120/4.5  
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
DateChamberAction
01/13/2025HouseFiled with the Clerk by Rep. Kelly M. Cassidy
01/28/2025HouseFirst Reading
01/28/2025HouseReferred to Rules Committee
02/11/2025HouseAssigned to Restorative Justice & Public Safety Committee
03/20/2025HouseDo Pass / Short Debate Restorative Justice & Public Safety Committee; 006-003-000
03/20/2025HousePlaced on Calendar 2nd Reading - Short Debate
03/25/2025HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
03/25/2025HouseHouse Floor Amendment No. 1 Referred to Rules Committee
03/26/2025HouseHouse Floor Amendment No. 1 Rules Refers to Restorative Justice & Public Safety Committee
03/26/2025HouseSecond Reading - Short Debate
03/26/2025HouseHeld on Calendar Order of Second Reading - Short Debate
04/04/2025HouseAdded Chief Co-Sponsor Rep. Mary Beth Canty
04/04/2025HouseAdded Co-Sponsor Rep. Theresa Mah
04/04/2025HouseAdded Co-Sponsor Rep. Michelle Mussman
04/04/2025HouseAdded Co-Sponsor Rep. Maura Hirschauer
04/04/2025HouseAdded Co-Sponsor Rep. Lilian Jiménez
04/04/2025HouseAdded Co-Sponsor Rep. Lindsey LaPointe
04/04/2025HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
04/04/2025HouseHouse Floor Amendment No. 2 Referred to Rules Committee
04/07/2025HouseHouse Floor Amendment No. 2 Rules Refers to Restorative Justice & Public Safety Committee
04/08/2025HouseHouse Floor Amendment No. 1 Recommends Be Adopted Restorative Justice & Public Safety Committee; 006-003-000
04/08/2025HouseHouse Floor Amendment No. 2 Recommends Be Adopted Restorative Justice & Public Safety Committee; 006-003-000
04/08/2025HouseChief Sponsor Changed to Rep. Ann M. Williams
04/09/2025HouseHouse Floor Amendment No. 1 Withdrawn by Rep. Kelly M. Cassidy
04/09/2025HouseHouse Floor Amendment No. 2 Adopted
04/09/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
04/09/2025HouseThird Reading - Short Debate - Passed 076-038-000
04/09/2025HouseHouse Floor Amendment No. 1 Tabled
04/10/2025SenateArrive in Senate
04/10/2025SenatePlaced on Calendar Order of First Reading
04/10/2025SenateChief Senate Sponsor Sen. Linda Holmes
04/10/2025SenateFirst Reading
04/10/2025SenateReferred to Assignments
04/23/2025SenateAssigned to Criminal Law
04/30/2025SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Linda Holmes
04/30/2025SenateSenate Committee Amendment No. 1 Referred to Assignments
05/01/2025SenateAlternate Chief Sponsor Changed to Sen. Robert Peters
05/06/2025SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
05/06/2025SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
05/06/2025SenatePostponed - Criminal Law
05/09/2025SenateRule 2-10 Committee Deadline Established As May 23, 2025
05/14/2025SenatePostponed - Criminal Law
05/23/2025SenateRule 2-10 Committee Deadline Established As June 1, 2025
05/27/2025SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters
05/27/2025SenateSenate Committee Amendment No. 2 Referred to Assignments
05/27/2025SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
05/27/2025SenateRule 2-10 Third Reading/Passage Deadline Established As June 1, 2025
05/27/2025SenateSenate Committee Amendment No. 1 Adopted
05/27/2025SenateSenate Committee Amendment No. 2 Adopted
05/27/2025SenateDo Pass as Amended Criminal Law; 007-000-000
05/27/2025SenatePlaced on Calendar Order of 2nd Reading
05/27/2025SenateSecond Reading
05/27/2025SenatePlaced on Calendar Order of 3rd Reading May 28, 2025
05/29/2025SenateThird Reading - Passed; 056-000-000
05/29/2025HouseArrived in House
05/29/2025HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
05/29/2025HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams
05/29/2025HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams
05/29/2025HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
05/29/2025HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
05/30/2025HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Restorative Justice & Public Safety Committee
05/30/2025HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Restorative Justice & Public Safety Committee
05/30/2025SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
05/30/2025HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Restorative Justice & Public Safety Committee; 011-000-000
05/30/2025HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Restorative Justice & Public Safety Committee; 011-000-000
05/31/2025HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
05/31/2025HouseSenate Committee Amendment No. 2 House Concurs 117-000-000
05/31/2025HouseHouse Concurs
05/31/2025HousePassed Both Houses
06/24/2025HouseSent to the Governor
08/15/2025HouseGovernor Approved
08/15/2025HouseEffective Date January 1, 2026
08/15/2025HousePublic Act . . . . . . . . . 104-0173