Illinois 2025-2026 Regular Session

Illinois House Bill HB1903 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1903 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED: New Act Creates the Human Trafficking Order of Protection Act. Provides that the following persons may bring an action under the Act: (1) a person who is a victim of human trafficking regardless of the relationship between the victim and the trafficker; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies. LRB104 07482 RLC 17525 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1903 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED: New Act New Act Creates the Human Trafficking Order of Protection Act. Provides that the following persons may bring an action under the Act: (1) a person who is a victim of human trafficking regardless of the relationship between the victim and the trafficker; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies. LRB104 07482 RLC 17525 b LRB104 07482 RLC 17525 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1903 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
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5	5	Creates the Human Trafficking Order of Protection Act. Provides that the following persons may bring an action under the Act: (1) a person who is a victim of human trafficking regardless of the relationship between the victim and the trafficker; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies.
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11	11	1 AN ACT concerning human trafficking orders.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Human
15	15	5 Trafficking Order of Protection Act.
16	16	6 Section 3. Purpose and construction. The purpose of this
17	17	7 Act is to protect the safety of victims of human trafficking
18	18	8 and the safety of their family and household members and to
19	19	9 minimize the trauma and inconvenience associated with
20	20	10 attending separate and multiple civil court proceedings to
21	21	11 obtain orders of protection. This Act shall be interpreted in
22	22	12 accordance with the constitutional rights of crime victims set
23	23	13 forth in Article I, Section 8.1 of the Illinois Constitution,
24	24	14 the purposes set forth in Section 2 of the Rights of Crime
25	25	15 Victims and Witnesses Act, and the use of orders of protection
26	26	16 to implement the victim's right to be reasonably protected
27	27	17 from the defendant as provided in Section 4.5 of the Rights of
28	28	18 Victims and Witnesses Act.
29	29	19 Section 5. Definitions. As used in this Act:
30	30	20 "Electronic" means any method of transmission of
31	31	21 information between computers or other machines designed for
32	32	22 the purpose of sending or receiving electronic transmission
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1903 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	Creates the Human Trafficking Order of Protection Act. Provides that the following persons may bring an action under the Act: (1) a person who is a victim of human trafficking regardless of the relationship between the victim and the trafficker; or (2) a person on behalf of a minor child or an adult who has been the victim of human trafficking. Establishes procedures on how to commence actions for human trafficking, including independently, in conjunction with another civil proceeding, or in conjunction with a delinquency petition or a criminal prosecution. Establishes further procedures in relation to filing fees and dismissal and consolidation. Provides that the Administrative Office of the Illinois Courts may adopt rules to establish a pilot program to allow for electronic filing of petitions for temporary orders of protection and issuance of orders by audio-visual means. Establishes the applicability of the rules of civil procedure including venue, objections, and summons. Provides for specified remedies.
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67	67	1 and that allows for the recipient of information to reproduce
68	68	2 the information received in a tangible medium of expression.
69	69	3 "Electronic appearance" means an appearance in which one
70	70	4 or more of the parties are not present in the court, but in
71	71	5 which, by means of an independent audio-visual system, all of
72	72	6 the participants are simultaneously able to see and hear
73	73	7 reproductions of the voices and images of the judge, counsel,
74	74	8 parties, witnesses, and any other participants.
75	75	9 "Human trafficking" means a violation of:
76	76	10 (1) subsection (b) of Section 10-9 of the Criminal
77	77	11 Code of 2012 (involuntary servitude);
78	78	12 (2) subsection (c) of Section 10-9 of the Criminal
79	79	13 Code of 2012 (involuntary sexual servitude of a minor); or
80	80	14 (3) subsection (d) of Section 10-9 of the Criminal
81	81	15 Code of 2012 (trafficking in persons).
82	82	16 "Independent audio-visual system" means an electronic
83	83	17 system for the transmission and receiving of audio and visual
84	84	18 signals, including those with the means to preclude the
85	85	19 unauthorized reception and decoding of the signals by
86	86	20 commercially available television receivers, channel
87	87	21 converters, or other available receiving devices.
88	88	22 Section 10. Persons who may bring actions. The following
89	89	23 persons may bring an action under this Act:
90	90	24 (1) a person who is a victim of human trafficking
91	91	25 regardless of the relationship between the victim and the
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102	102	1 trafficker; or
103	103	2 (2) a person on behalf of a minor child or an adult who has
104	104	3 been the victim of human trafficking.
105	105	4 Section 15. Commencement of action; filing fees;
106	106	5 dismissal.
107	107	6 (a) Actions for human trafficking orders of protection are
108	108	7 commenced:
109	109	8 (1) Independently, by filing a petition for a human
110	110	9 trafficking order of protection in the circuit court,
111	111	10 unless otherwise designated by local rule or order.
112	112	11 (2) In conjunction with another civil proceeding, by
113	113	12 filing a petition for a human trafficking order of
114	114	13 protection under the same case number as another civil
115	115	14 proceeding involving the parties.
116	116	15 (3) In conjunction with a delinquency petition or a
117	117	16 criminal prosecution, by filing a petition for a human
118	118	17 trafficking order of protection under the same case number
119	119	18 as the delinquency petition or a criminal case involving
120	120	19 the parties.
121	121	20 (b) When a petition for an emergency human trafficking
122	122	21 order of protection is filed, the petition shall not be
123	123	22 publicly available until the petition has been served on the
124	124	23 respondent.
125	125	24 (c) No fee shall be charged by the clerk for filing,
126	126	25 amending, vacating, certifying, or photocopying petitions or
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137	137	1 orders, for issuing alias summons, or for any related filing
138	138	2 service. No fee shall be charged by the sheriff for service by
139	139	3 the sheriff of a petition, rule, motion, or order in an action
140	140	4 commenced under this Section.
141	141	5 (d) Withdrawal or dismissal of any petition for a human
142	142	6 trafficking order of protection prior to adjudication where
143	143	7 the petitioner is represented by the State shall operate as a
144	144	8 dismissal without prejudice. No action for a human trafficking
145	145	9 order of protection shall be dismissed because the respondent
146	146	10 is being prosecuted for a crime against the petitioner. An
147	147	11 independent action may be consolidated with another civil
148	148	12 proceeding, as provided by paragraph (2) of subsection (a).
149	149	13 For any action commenced under paragraph (2) or (3) of
150	150	14 subsection (a), dismissal of the conjoined case (or a finding
151	151	15 of not guilty) shall not require dismissal of the action for
152	152	16 the human trafficking order of protection; instead, action for
153	153	17 the human trafficking order of protection may be treated as an
154	154	18 independent action and, if necessary and appropriate,
155	155	19 transferred to a different court or division. Dismissal of any
156	156	20 conjoined case shall not affect the validity of any previously
157	157	21 issued human trafficking order of protection.
158	158	22 (e) The court shall provide, through the office of the
159	159	23 clerk of the court, simplified forms and clerical assistance
160	160	24 to help with the writing and filing of a petition under this
161	161	25 Section by any person not represented by counsel. In addition,
162	162	26 that assistance may be provided by the State's Attorney.
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173	173	1 (f) The Administrative Office of the Illinois Courts, with
174	174	2 the approval of the Supreme Court, may adopt rules to
175	175	3 establish and implement a pilot program to allow the
176	176	4 electronic filing of petitions for temporary human trafficking
177	177	5 orders of protection and the issuance of such orders by
178	178	6 audio-visual means to accommodate litigants for whom
179	179	7 attendance in court to file for and obtain emergency relief
180	180	8 would constitute an undue hardship or would constitute a risk
181	181	9 of harm to the litigant.
182	182	10 Section 20. Application of rules of civil procedure.
183	183	11 (a) Any proceeding to obtain, modify, reopen, or appeal a
184	184	12 human trafficking order of protection, whether commenced alone
185	185	13 or in conjunction with a civil or criminal proceeding, shall
186	186	14 be governed by the rules of civil procedure of this State. The
187	187	15 standard of proof in such a proceeding is proof by a
188	188	16 preponderance of the evidence, whether the proceeding is heard
189	189	17 in criminal or civil court. The Code of Civil Procedure and
190	190	18 Supreme Court and local court rules applicable to civil
191	191	19 proceedings shall apply, except as otherwise provided by this
192	192	20 Act.
193	193	21 (b) There shall be no right to trial by jury in any
194	194	22 proceeding to obtain, modify, vacate, or extend any human
195	195	23 trafficking order of protection under this Act. However,
196	196	24 nothing in this Section shall deny any existing right to trial
197	197	25 by jury in a criminal proceeding.
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208	208	1 (c) A petition for a human trafficking order of protection
209	209	2 may be filed in any county where: (i) the petitioner resides;
210	210	3 (ii) respondent resides; or (iii) the alleged human
211	211	4 trafficking occurred.
212	212	5 (d) Objection to venue is waived if not made within such
213	213	6 time as respondent's response is due, except as otherwise
214	214	7 provided in this Section. In no event shall venue be deemed
215	215	8 jurisdictional.
216	216	9 (e) Any action for a human trafficking order of
217	217	10 protection, whether commenced alone or in conjunction with
218	218	11 another proceeding, is a distinct cause of action and requires
219	219	12 that a separate summons be issued and served, except that in
220	220	13 pending cases the following methods may be used:
221	221	14 (1) by delivery of the summons to respondent
222	222	15 personally in open court in pending civil or criminal
223	223	16 cases; or
224	224	17 (2) by notice in civil cases in which the defendant
225	225	18 has filed a general appearance.
226	226	19 The summons shall be in the form prescribed by Supreme
227	227	20 Court Rule 101(d), except that it shall require the respondent
228	228	21 to answer or appear within 7 days. Attachments to the summons
229	229	22 or notice shall include the petition for the human trafficking
230	230	23 order of protection and supporting affidavits, if any, and any
231	231	24 emergency human trafficking order of protection that has been
232	232	25 issued. The enforcement of a human trafficking order of
233	233	26 protection shall not be affected by the lack of service,
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