PROSTITUTION-AFFIRM DEFENSE
Summary
Amends the Criminal Code of 2012. Provides that it is an affirmative defense to a charge of prostitution that the accused engaged in or performed prostitution as a result of being a victim of involuntary servitude or trafficking in persons as defined in the Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000. Amends the Code of Criminal Procedure of 1963. Provides that in prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense of being a victim of involuntary servitude or trafficking in persons as defined in the Code, or was a victim of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 and has reason to believe that the evidence presented in asserting that defense may jeopardize the safety of the accused, courtroom personnel, or others impacted by human trafficking, the accused may file under seal a motion for an in camera hearing to review the accused's safety concerns. Upon receipt of the motion and notice to the parties, the court shall conduct an in camera hearing, with counsel present, limited to review of potential safety concerns. Provides that the court shall not consider the merits of the affirmative defense during the in camera review. Provides that if the court finds that the assertion of an affirmative defense by the accused in open court could jeopardize the safety of the accused, court personnel, or other persons, the court may clear the courtroom with the agreement of the accused, order additional in camera hearings, seal the records, prohibit court personnel from disclosing the proceedings without prior court approval, or take any other appropriate measure that in the court's discretion will enhance the safety of the proceedings and ensure the accused a full and fair opportunity to assert his or her affirmative defense. Provides that statements made by the accused during the in camera hearing to review safety concerns shall not be admissible against the accused for the crimes charged. Effective immediately.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2015
Committee Review
Apr 2015
Senate Passage
May 2015
House Passage
May 2015
Signed into Law
Jul 2015
Introduced Apr 15, 2015
Signed Jul 22, 2015
Floor votes · Senate Apr 15, 2015 · House May 18, 2015
How they voted
43–0
Passed · 4 other
Total votes 47
Apr 15, 2015
D
Democratic29
89% Yea
R
Republican18
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
72
Key actions
7
Committee
8
Amendments
2
Jul 22, 2015
Signed into law
Governor Approved
upper
May 18, 2015
Upper · Passed
Passed Both Houses
upper
Apr 28, 2015
Lower · Passed
Do Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
lower
Apr 20, 2015
Committee
Assigned to Judiciary - Criminal Committee
lower
Apr 15, 2015
Committee
Referred to Rules Committee
lower
Apr 15, 2015
Introduced
Arrived in House
lower
Apr 15, 2015
Senate · Passed
Senate Vote: pass (43-0-4)
senate
Mar 11, 2015
Upper · Passed
Do Pass as Amended Criminal Law; 010-000-000
upper
Mar 11, 2015
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
Mar 10, 2015
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
upper
Mar 9, 2015
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Mar 9, 2015
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
upper
Mar 3, 2015
Committee
Assigned to Criminal Law
upper
Feb 20, 2015
Committee
Referred to Assignments
upper
0 primary · 20 co-sponsors
Sponsors
No sponsor information available.
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