HB5494 Summary

• Adds new subsection (h) to the Criminal Identification Act allowing trafficking victims to petition for immediate sealing of their criminal records upon completion of their last sentence if their offense participation was a direct result of human trafficking.

• Defines eligible trafficking victims as those meeting the definition in Section 10-9 of the Criminal Code of 2012 or victims of severe trafficking under the federal Trafficking Victims Protection Act.

• Requires petitioners to include a clear statement in their petition that they were trafficking victims at the time of the offense and that their participation was a direct result of trafficking.

• Establishes that courts must conduct a hearing if an objection is filed and determines eligibility based on preponderance of the evidence standard.

• Takes effect upon becoming law.