IL SB1704

Amends Section 116-2.1 of the Code of Criminal Procedure to allow human trafficking victims to file motions at any time to vacate convictions resulting from their trafficking victimization.

Removes the specific requirement that convictions be limited to prostitution charges under Sections 11-14 or 11-14.2 of the Criminal Code, broadening eligibility to all convictions where participation resulted from trafficking victimization.

Requires motions to explain why facts were not presented at trial, be filed with due diligence, and provide reasonable notice to the State, with consideration for safety concerns of the defendant, family, or other trafficking victims.

Permits courts to grant motions upon finding the violation resulted from human trafficking, based on evidence including federal or state court records of trafficking convictions, immigration certification documents, or sworn statements from victim service professionals, attorneys, clergy, or medical professionals.

Mandates that courts vacate convictions if motions are granted and may take additional appropriate action; takes effect immediately upon enactment.