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HB 3237

TRAFFICKING VICTIMS-DEFENSE

104th Regular Session Introduced by Jeff Keicher and 3 co-sponsors

Creates an affirmative defense for trafficking victims to avoid criminal liability for conduct caused by trafficking, with a preponderance standard and sealed in-camera safety revi

Added Co-Sponsor Rep. Jeff Keicher
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WeVote Research Nonpartisan
Bill Summary · HB 3237

Summary — HB 3237 (TRAFFICKING VICTIMS‑DEFENSE) — 104th General Assembly

Status snapshot
- Introduced: February 24, 2025 (Rep. Jennifer Sanalitro)
- House action: Passed House (3rd reading) May 2, 2025; received from House by the Senate May 5, 2025. House Amendment No. 1 filed March 12, 2025 replaces the bill text. Co‑sponsors: Jeff Keicher (added July 23), Kevin Schmidt, Tony M. McCombie. Companion: SB 1514.

Purpose / intent
- Create an affirmative defense for persons who are victims of human trafficking so that they are not treated as criminally culpable for conduct (felonies or Class A misdemeanors) or for being in a place where they lack a right to be when that conduct or presence is the result of their status as a trafficking victim. Strengthen procedural protections in prostitution prosecutions when asserting trafficking‑related defenses.

Key substantive provisions
1. New Criminal Code section (720 ILCS 5/6‑3.1)
- Definition: “Trafficking victim” is the statutory definition found in paragraph (10) of subsection (a) of Section 10‑9 (i.e., persons subjected to practices prohibited by involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons statutes).
- Affirmative defense: A person “is not engaged in conduct that would constitute a felony or a Class A misdemeanor or in a place where the person does not have a right to be” if the activity or presence is due to the person’s status as a trafficking victim.
- Burden of proof: The defendant must prove trafficking‑victim status by a preponderance of the evidence (House Amendment No. 1). (Note: the original introduced version specified “clear and convincing evidence”; the amendment lowers the burden to preponderance.)

  1. Amendments to Code of Criminal Procedure, Section 115‑6.1 (725 ILCS 5/115‑6.1)
    • In prostitution prosecutions where the accused intends to raise the trafficking‑victim affirmative defense and fears that evidence may jeopardize safety, the accused may file a sealed motion for an in‑camera hearing limited to safety concerns.
    • The court must hold the in‑camera hearing (with counsel), make an official record which is kept under seal, and must not consider the merits of the affirmative defense during that review.
    • If the court finds by a preponderance that asserting the defense in open court would likely jeopardize safety, it may clear the courtroom (with accused’s agreement), order further in‑camera hearings, seal records, restrict disclosure by court personnel, or take other safety measures.
    • Statements by the accused during the in‑camera safety review are not admissible against the accused for the charged crimes.

Who is affected
- Defendants in Illinois criminal cases (felonies and Class A misdemeanors) who are trafficking victims — particularly those charged with prostitution‑related offenses.
- Prosecutors and defense counsel (new procedures and evidentiary burdens).
- Courts (must conduct sealed in‑camera safety hearings and apply the preponderance standard).
- Trafficking victims and advocacy organizations (could affect charging, diversion, plea bargaining, and services).

Procedural/timeline notes
- House Amendment No. 1 (filed 3/12/2025) replaces original text and reduces the proof standard from “clear and convincing” to “preponderance of the evidence.”
- The bill passed the House (May 2, 2025) and was received by the Senate (May 5, 2025); further Senate action not shown in the provided record.

Potential impact
- Provides an explicit statutory affirmative defense for trafficking victims, potentially reducing criminal liability for conduct rooted in coercion or trafficking.
- Lowers the evidentiary burden (per the amendment) compared with the originally introduced language, making the defense easier for defendants to establish.
- Adds procedural safety protections (sealed in‑camera review) intended to protect victims when asserting the defense in prosecutions—particularly relevant in prostitution cases.

Compiled from official sources — confirm details with the bill’s official record.

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