HB 5494

Abstract

Amends the Criminal Identification Act. Provides that a trafficking victim as defined by the Criminal Code of 2012 shall be eligible to petition for the immediate sealing of his or her criminal record upon the completion of his or her last sentence if his or her participation in the underlying offense was a direct result of human trafficking under the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act. Provides that a petitioner under this provision, in addition to other requirements provided by law, shall include in his or her petition a clear and concise statement that: (1) he or she was a victim of human trafficking at the time of the offense; and (2) that his or her participation in the offense was a direct result of human trafficking under the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act. Provides that if an objection is filed alleging that the petitioner is not entitled to immediate sealing, the court shall conduct a hearing and the court shall determine whether the petitioner is entitled to immediate sealing under the provision. Effective immediately.