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Public Act 101-0018 |
SB1890 Enrolled | LRB101 07959 SLF 53015 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Lodging Services Human Trafficking Recognition Training Act. |
Section 5. Definitions. In this Act: |
"Department" means the Department of Human Services. |
"Employee" means a person employed by a lodging |
establishment who has recurring interactions with the public, |
including, but not limited to, an employee who works in a |
reception area, performs housekeeping duties, helps customers |
in moving their possessions, or transports by vehicle customers |
of the lodging establishment. |
"Human trafficking" means the deprivation or violation of |
the personal liberty of another with the intent to obtain |
forced labor or services, procure or sell the individual for |
commercial sex, or exploit the individual in obscene matter. |
Depriving or violating a person's liberty includes substantial |
and sustained restriction of another's liberty accomplished |
through fraud, deceit, coercion, violence, duress, menace, or |
threat of unlawful injury to the victim or to another person, |
under circumstances where the person receiving or apprehending |
the threat reasonably believes that it is likely that the |
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person making the threat would carry it out.
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"Lodging establishment" means an establishment classified |
as a hotel or motel in the 2017 North American Industry |
Classification System under code 721110, and an establishment |
classified as a casino hotel in the 2017 North American |
Industry Classification System under code 721120. |
Section 10. Human trafficking recognition training. |
Beginning June 1, 2020, a lodging establishment shall provide |
its employees with training in the recognition of human |
trafficking and protocols for reporting observed human |
trafficking to the appropriate authority. The employees must |
complete the training within 6 months after beginning |
employment in such role with the lodging establishment and |
every 2 years thereafter, if still employed by the lodging |
establishment. The training shall be at least 20 minutes in |
duration. |
Section 15. Human trafficking recognition training |
curriculum. |
(a) A lodging establishment may use its own human |
trafficking training program or that of a third party and be in |
full compliance with this Act if the human trafficking training |
program includes, at a minimum, all of the following: |
(1) a definition of human trafficking and commercial |
exploitation of children; |
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(2) guidance on how to identify individuals who are |
most at risk for human trafficking; |
(3) the difference between human trafficking for |
purposes of labor and for purposes of sex as the |
trafficking relates to lodging establishments; and |
(4) guidance on the role of lodging establishment |
employees in reporting and responding to instances of human |
trafficking. |
(b) The Department shall develop a curriculum for an |
approved human trafficking training recognition program which |
shall be used by a lodging establishment that does not |
administer its own human trafficking recognition program as |
described in subsection (a). The human trafficking training |
recognition program developed by the Department shall include, |
at a minimum, all of the following: |
(1) a definition of human trafficking and commercial |
exploitation of children; |
(2) guidance on how to identify individuals who are |
most at risk for human trafficking; |
(3) the difference between human trafficking for |
purposes of labor and for purposes of sex as the |
trafficking relates to lodging establishments; and |
(4) guidance on the role of lodging establishment |
employees in reporting and responding to instances of human |
trafficking. |
The Department may consult the United States Department of |
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Justice for the human trafficking recognition training program |
developed under this subsection. |
The Department shall develop and publish the human |
trafficking recognition training program described in this |
subsection no later than July 1, 2020. |
Section 100. The Department of State Police Law of the
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Civil Administrative Code of Illinois is amended by adding |
Section 2605-99 as follows: |
(20 ILCS 2605/2605-99 new) |
Sec. 2605-99. Training; human trafficking. The Director |
shall conduct or approve a training program in the detection |
and investigation of all forms of human trafficking, including, |
but not limited to "involuntary servitude" under subsection (b) |
of Section 10-9 of the Criminal Code of 2012, "involuntary |
sexual servitude of a minor" under subsection (c) of Section |
10-9 of the Criminal Code of 2012, and "trafficking in persons" |
under subsection (d) of Section 10-9 of the Criminal Code of |
2012. This program shall be made available to all cadets and |
state police officers. |
Section 105. The Illinois Police Training Act is amended by |
changing Section 7 and by adding Section 10.23 as follows:
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(50 ILCS 705/7) (from Ch. 85, par. 507)
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Sec. 7. Rules and standards for schools. The Board shall |
adopt rules and
minimum standards for such schools which shall |
include, but not be limited to,
the following:
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a. The curriculum for probationary police officers |
which shall be
offered by all certified schools shall |
include, but not be limited to,
courses of procedural |
justice, arrest and use and control tactics, search and |
seizure, including temporary questioning, civil rights, |
human rights, human relations,
cultural competency, |
including implicit bias and racial and ethnic sensitivity,
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criminal law, law of criminal procedure, constitutional |
and proper use of law enforcement authority, vehicle and |
traffic law including
uniform and non-discriminatory |
enforcement of the Illinois Vehicle Code,
traffic control |
and accident investigation, techniques of obtaining
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physical evidence, court testimonies, statements, reports, |
firearms
training, training in the use of electronic |
control devices, including the psychological and |
physiological effects of the use of those devices on |
humans, first-aid (including cardiopulmonary |
resuscitation), training in the administration of opioid |
antagonists as defined in paragraph (1) of subsection (e) |
of Section 5-23 of the Substance Use Disorder Act, handling |
of
juvenile offenders, recognition of
mental conditions |
and crises, including, but not limited to, the disease of |
addiction, which require immediate assistance and response |
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and methods to
safeguard and provide assistance to a person |
in need of mental
treatment, recognition of abuse, neglect, |
financial exploitation, and self-neglect of adults with |
disabilities and older adults, as defined in Section 2 of |
the Adult Protective Services Act, crimes against the |
elderly, law of evidence, the hazards of high-speed police |
vehicle
chases with an emphasis on alternatives to the |
high-speed chase, and
physical training. The curriculum |
shall include specific training in
techniques for |
immediate response to and investigation of cases of |
domestic
violence and of sexual assault of adults and |
children, including cultural perceptions and common myths |
of sexual assault and sexual abuse as well as interview |
techniques that are age sensitive and are trauma informed, |
victim centered, and victim sensitive. The curriculum |
shall include
training in techniques designed to promote |
effective
communication at the initial contact with crime |
victims and ways to comprehensively
explain to victims and |
witnesses their rights under the Rights
of Crime Victims |
and Witnesses Act and the Crime
Victims Compensation Act. |
The curriculum shall also include training in effective |
recognition of and responses to stress, trauma, and |
post-traumatic stress experienced by police officers. The |
curriculum shall also include a block of instruction aimed |
at identifying and interacting with persons with autism and |
other developmental or physical disabilities, reducing |
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barriers to reporting crimes against persons with autism, |
and addressing the unique challenges presented by cases |
involving victims or witnesses with autism and other |
developmental disabilities. The curriculum shall include |
training in the detection and investigation of all forms of |
human trafficking. The curriculum for
permanent police |
officers shall include, but not be limited to: (1) |
refresher
and in-service training in any of the courses |
listed above in this
subparagraph, (2) advanced courses in |
any of the subjects listed above in
this subparagraph, (3) |
training for supervisory personnel, and (4)
specialized |
training in subjects and fields to be selected by the |
board. The training in the use of electronic control |
devices shall be conducted for probationary police |
officers, including University police officers.
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b. Minimum courses of study, attendance requirements |
and equipment
requirements.
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c. Minimum requirements for instructors.
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d. Minimum basic training requirements, which a |
probationary police
officer must satisfactorily complete |
before being eligible for permanent
employment as a local |
law enforcement officer for a participating local
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governmental agency. Those requirements shall include |
training in first aid
(including cardiopulmonary |
resuscitation).
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e. Minimum basic training requirements, which a |
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probationary county
corrections officer must |
satisfactorily complete before being eligible for
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permanent employment as a county corrections officer for a |
participating
local governmental agency.
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f. Minimum basic training requirements which a |
probationary court
security officer must satisfactorily |
complete before being eligible for
permanent employment as |
a court security officer for a participating local
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governmental agency. The Board shall
establish those |
training requirements which it considers appropriate for |
court
security officers and shall certify schools to |
conduct that training.
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A person hired to serve as a court security officer |
must obtain from the
Board a certificate (i) attesting to |
his or her successful completion of the
training course; |
(ii) attesting to his or her satisfactory
completion of a |
training program of similar content and number of hours |
that
has been found acceptable by the Board under the |
provisions of this Act; or
(iii) attesting to the Board's |
determination that the training
course is unnecessary |
because of the person's extensive prior law enforcement
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experience.
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Individuals who currently serve as court security |
officers shall be deemed
qualified to continue to serve in |
that capacity so long as they are certified
as provided by |
this Act within 24 months of June 1, 1997 (the effective |
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date of Public Act 89-685). Failure to be so certified, |
absent a waiver from the
Board, shall cause the officer to |
forfeit his or her position.
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All individuals hired as court security officers on or |
after June 1, 1997 (the effective
date of Public Act |
89-685) shall be certified within 12 months of the
date of |
their hire, unless a waiver has been obtained by the Board, |
or they
shall forfeit their positions.
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The Sheriff's Merit Commission, if one exists, or the |
Sheriff's Office if
there is no Sheriff's Merit Commission, |
shall maintain a list of all
individuals who have filed |
applications to become court security officers and
who meet |
the eligibility requirements established under this Act. |
Either
the Sheriff's Merit Commission, or the Sheriff's |
Office if no Sheriff's Merit
Commission exists, shall |
establish a schedule of reasonable intervals for
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verification of the applicants' qualifications under
this |
Act and as established by the Board.
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g. Minimum in-service training requirements, which a |
police officer must satisfactorily complete every 3 years. |
Those requirements shall include constitutional and proper |
use of law enforcement authority, procedural justice, |
civil rights, human rights, mental health awareness and |
response, and cultural competency. |
h. Minimum in-service training requirements, which a |
police officer must satisfactorily complete at least |
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annually. Those requirements shall include law updates and |
use of force training which shall include scenario based |
training, or similar training approved by the Board. |
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, |
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; |
100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. |
8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
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(50 ILCS 705/10.23 new) |
Sec. 10.23. Training; human trafficking. The Board shall |
conduct or approve an in-service training program in the |
detection and investigation of all forms of human trafficking, |
including, but not limited to, "involuntary servitude" under |
subsection (b) of Section 10-9 of the Criminal Code of 2012, |
"involuntary sexual servitude of a minor" under subsection (c) |
of Section 10-9 of the Criminal Code of 2012, and "trafficking |
in persons" under subsection (d) of Section 10-9 of the |
Criminal Code of 2012. This program shall be made available to |
all certified law enforcement, correctional, and court |
security officers. |
Section 110. The Criminal Code of 2012 is amended by |
changing Sections 3-6 and 10-9 as follows:
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(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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Sec. 3-6. Extended limitations. The period within which a |
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prosecution
must be commenced under the provisions of Section |
3-5 or other applicable
statute is extended under the following |
conditions:
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(a) A prosecution for theft involving a breach of a |
fiduciary obligation
to the aggrieved person may be commenced |
as follows:
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(1) If the aggrieved person is a minor or a person |
under legal disability,
then during the minority or legal |
disability or within one year after the
termination |
thereof.
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(2) In any other instance, within one year after the |
discovery of the
offense by an aggrieved person, or by a |
person who has legal capacity to
represent an aggrieved |
person or has a legal duty to report the offense,
and is |
not himself or herself a party to the offense; or in the |
absence of such
discovery, within one year after the proper |
prosecuting officer becomes
aware of the offense. However, |
in no such case is the period of limitation
so extended |
more than 3 years beyond the expiration of the period |
otherwise
applicable.
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(b) A prosecution for any offense based upon misconduct in |
office by a
public officer or employee may be commenced within |
one year after discovery
of the offense by a person having a |
legal duty to report such offense, or
in the absence of such |
discovery, within one year after the proper
prosecuting officer |
becomes aware of the offense. However, in no such case
is the |
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period of limitation so extended more than 3 years beyond the
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expiration of the period otherwise applicable.
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(b-5) When the victim is under 18 years of age at the time |
of the offense, a prosecution for involuntary servitude, |
involuntary sexual servitude of a minor, or trafficking in |
persons and related offenses under Section 10-9 of this Code |
may be commenced within 25 years of the victim attaining the |
age of 18 years. |
(b-6) When the victim is 18 years of age or over at the |
time of the offense, a prosecution for involuntary servitude, |
involuntary sexual servitude of a minor, or trafficking in |
persons and related offenses under Section 10-9 of this Code |
may be commenced within 25 years after the commission of the |
offense. |
(c) (Blank).
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(d) A prosecution for child pornography, aggravated child |
pornography, indecent
solicitation of a
child, soliciting for a |
juvenile prostitute, juvenile pimping,
exploitation of a |
child, or promoting juvenile prostitution except for keeping a |
place of juvenile prostitution may be commenced within one year |
of the victim
attaining the age of 18 years. However, in no |
such case shall the time
period for prosecution expire sooner |
than 3 years after the commission of
the offense.
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(e) Except as otherwise provided in subdivision (j), a |
prosecution for
any offense involving sexual conduct or sexual
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penetration, as defined in Section 11-0.1 of this Code, where |
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the defendant
was within a professional or fiduciary |
relationship or a purported
professional or fiduciary |
relationship with the victim at the
time of the commission of |
the offense may be commenced within one year
after the |
discovery of the offense by the victim.
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(f) A prosecution for any offense set forth in Section 44
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of the Environmental Protection Act
may be commenced within 5 |
years after the discovery of such
an offense by a person or |
agency having the legal duty to report the
offense or in the |
absence of such discovery, within 5 years
after the proper |
prosecuting officer becomes aware of the offense.
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(f-5) A prosecution for any offense set forth in Section |
16-30 of this Code may be commenced within 5 years after the |
discovery of the offense by the victim of that offense.
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(g) (Blank).
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(h) (Blank).
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(i) Except as otherwise provided in subdivision (j), a |
prosecution for
criminal sexual assault, aggravated criminal
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sexual assault, or aggravated criminal sexual abuse may be |
commenced within 10
years of the commission of the offense if |
the victim reported the offense to
law enforcement authorities |
within 3 years after the commission of the offense. If the |
victim consented to the collection of evidence using an |
Illinois State Police Sexual Assault Evidence Collection Kit |
under the Sexual Assault Survivors Emergency Treatment Act, it |
shall constitute reporting for purposes of this Section.
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Nothing in this subdivision (i) shall be construed to
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shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
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(i-5) A prosecution for armed robbery, home invasion, |
kidnapping, or aggravated kidnaping may be commenced within 10 |
years of the commission of the offense if it arises out of the |
same course of conduct and meets the criteria under one of the |
offenses in subsection (i) of this Section. |
(j) (1) When the victim is under 18 years of age at the |
time of the offense, a
prosecution
for criminal sexual assault, |
aggravated criminal sexual assault, predatory
criminal sexual |
assault of a child, aggravated criminal sexual abuse, or felony |
criminal sexual abuse may be commenced at any time. |
(2) When the victim is under 18 years of age at the time of |
the offense, a prosecution for failure of a person who is |
required to report an alleged
or suspected commission of |
criminal sexual assault, aggravated criminal sexual assault, |
predatory criminal sexual assault of a child, aggravated |
criminal sexual abuse, or felony criminal sexual abuse under |
the Abused and Neglected
Child Reporting Act may be
commenced |
within 20 years after the child victim attains 18
years of age. |
(3) When the victim is under 18 years of age at the time of |
the offense, a
prosecution
for misdemeanor criminal sexual |
abuse may be
commenced within 10 years after the child victim |
attains 18
years of age.
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(4) Nothing in this subdivision (j) shall be construed to
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shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
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(j-5) A prosecution for armed robbery, home invasion, |
kidnapping, or aggravated kidnaping may be commenced at any |
time if it arises out of the same course of conduct and meets |
the criteria under one of the offenses in subsection (j) of |
this Section. |
(k) (Blank).
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(l) A prosecution for any offense set forth in Section 26-4 |
of this Code may be commenced within one year after the |
discovery of the offense by the victim of that offense. |
(l-5) A prosecution for any offense involving sexual |
conduct or sexual penetration, as defined in Section 11-0.1 of |
this Code, in which the victim was 18 years of age or older at |
the time of the offense, may be commenced within one year after |
the discovery of the offense by the victim when corroborating |
physical evidence is available. The charging document shall |
state that the statute of limitations is extended under this |
subsection (l-5) and shall state the circumstances justifying |
the extension.
Nothing in this subsection (l-5) shall be |
construed to shorten a period within which a prosecution must |
be commenced under any other provision of this Section or |
Section 3-5 of this Code. |
(m) The prosecution shall not be required to prove at trial |
facts which extend the general limitations in Section 3-5 of |
this Code when the facts supporting extension of the period of |
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general limitations are properly pled in the charging document. |
Any challenge relating to the extension of the general |
limitations period as defined in this Section shall be |
exclusively conducted under Section 114-1 of the Code of |
Criminal Procedure of 1963. |
(n) A prosecution for any offense set forth in subsection |
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the |
Illinois Public Aid Code, in which the total amount of money |
involved is $5,000 or more, including the monetary value of |
food stamps and the value of commodities under Section 16-1 of |
this Code may be commenced within 5 years of the last act |
committed in furtherance of the offense. |
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; |
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. |
1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, |
eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.) |
(720 ILCS 5/10-9) |
Sec. 10-9. Trafficking in persons, involuntary servitude, |
and related offenses. |
(a) Definitions. In this Section: |
(1) "Intimidation" has the meaning prescribed in |
Section 12-6. |
(2) "Commercial sexual activity" means any sex act on |
account of which anything of value is given, promised to, |
or received by any person.
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(2.5) "Company" means any sole proprietorship, |
organization, association, corporation, partnership, joint |
venture, limited partnership, limited liability |
partnership, limited liability limited partnership, |
limited liability company, or other entity or business |
association, including all wholly owned subsidiaries, |
majority-owned subsidiaries, parent companies, or |
affiliates of those entities or business associations, |
that exist for the purpose of making profit. |
(3) "Financial harm" includes intimidation that brings |
about financial loss, criminal usury, or employment |
contracts that violate the Frauds Act. |
(4) (Blank). |
(5) "Labor" means work of economic or financial value. |
(6) "Maintain" means, in relation to labor or services, |
to secure continued performance thereof, regardless of any |
initial agreement on the part of the victim to perform that |
type of service. |
(7) "Obtain" means, in relation to labor or services, |
to secure performance thereof. |
(7.5) "Serious harm" means any harm, whether physical |
or nonphysical, including psychological, financial, or |
reputational harm, that is sufficiently serious, under all |
the surrounding circumstances, to compel a reasonable |
person of the same background and in the same circumstances |
to perform or to continue performing labor or services in |
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order to avoid incurring that harm. |
(8) "Services" means activities resulting from a |
relationship between a person and the actor in which the |
person performs activities under the supervision of or for |
the benefit of the actor. Commercial sexual activity and |
sexually-explicit performances are forms of activities |
that are "services" under this Section. Nothing in this |
definition may be construed to legitimize or legalize |
prostitution. |
(9) "Sexually-explicit performance" means a live, |
recorded, broadcast (including over the Internet), or |
public act or show intended to arouse or satisfy the sexual |
desires or appeal to the prurient interests of patrons. |
(10) "Trafficking victim" means a person subjected to |
the practices set forth in subsection (b), (c), or (d). |
(b) Involuntary servitude. A person commits involuntary |
servitude when he or she knowingly subjects, attempts to |
subject, or engages in a conspiracy to subject another person |
to labor or services obtained or maintained through any of the |
following means, or any combination of these means: |
(1) causes or threatens to cause physical harm to any |
person; |
(2) physically restrains or threatens to physically |
restrain another person; |
(3) abuses or threatens to abuse the law or legal |
process; |
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(4) knowingly destroys, conceals, removes, |
confiscates, or possesses any actual or purported passport |
or other immigration document, or any other actual or |
purported government identification document, of another |
person; |
(5) uses intimidation, or exerts financial control |
over any person; or |
(6) uses any scheme, plan, or pattern intended to cause |
the person to believe that, if the person did not perform |
the labor or services, that person or another person would |
suffer serious harm or physical restraint. |
Sentence. Except as otherwise provided in subsection (e) or |
(f), a violation of subsection (b)(1) is a Class X felony, |
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) |
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. |
(c) Involuntary sexual servitude of a minor. A person |
commits involuntary sexual servitude of a minor when he or she |
knowingly recruits, entices, harbors, transports, provides, or |
obtains by any means, or attempts to recruit, entice, harbor, |
provide, or obtain by any means, another person under 18 years |
of age, knowing that the minor will engage in commercial sexual |
activity, a sexually-explicit performance, or the production |
of pornography, or causes or attempts to cause a minor to |
engage in one or more of those activities and: |
(1) there is no overt force or threat and the minor is |
between the ages of 17 and 18 years; |
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(2) there is no overt force or threat and the minor is |
under the age of 17 years; or |
(3) there is overt force or threat. |
Sentence. Except as otherwise provided in subsection (e) or |
(f), a violation of subsection (c)(1) is a Class 1 felony, |
(c)(2) is a Class X felony, and (c)(3) is a Class X felony. |
(d) Trafficking in persons. A person commits trafficking in |
persons when he or she knowingly: (1) recruits, entices, |
harbors, transports, provides, or obtains by any means, or |
attempts to recruit, entice, harbor, transport, provide, or |
obtain by any means, another person, intending or knowing that |
the person will be subjected to involuntary servitude; or (2) |
benefits, financially or by receiving anything of value, from |
participation in a venture that has engaged in an act of |
involuntary servitude or involuntary sexual servitude of a |
minor. A company commits trafficking in persons when the |
company knowingly benefits, financially or by receiving |
anything of value, from participation in a venture that has |
engaged in an act of involuntary servitude or involuntary |
sexual servitude of a minor. |
Sentence. Except as otherwise provided in subsection (e) or |
(f), a violation of this subsection by a person is a Class 1 |
felony. A violation of this subsection by a company is a |
business offense for which a fine of up to $100,000 may be |
imposed. |
(e) Aggravating factors. A violation of this Section |
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involving kidnapping or an attempt to kidnap, aggravated |
criminal sexual assault or an attempt to commit aggravated |
criminal sexual assault, or an attempt to commit first degree |
murder is a Class X felony. |
(f) Sentencing considerations. |
(1) Bodily injury. If, pursuant to a violation of this |
Section, a victim
suffered bodily injury, the defendant may |
be sentenced to an extended-term sentence under Section |
5-8-2 of the Unified Code of Corrections. The sentencing |
court must take into account the time in which the victim |
was held in servitude, with increased penalties for cases |
in which the victim was held for between 180 days and one |
year, and increased penalties for cases in which the victim |
was held for more than one year. |
(2) Number of victims. In determining sentences within |
statutory maximums, the sentencing court should take into |
account the number of victims, and may provide for |
substantially increased sentences in cases involving more |
than 10 victims. |
(g) Restitution. Restitution is mandatory under this |
Section. In addition to any other amount of loss identified, |
the court shall order restitution including the greater of (1) |
the gross income or value to the defendant of the victim's |
labor or services or (2) the value of the victim's labor as |
guaranteed under the Minimum Wage Law and overtime provisions |
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
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whichever is greater. |
(g-5) Fine distribution. If the court imposes a fine under |
subsection (b), (c), or (d) of this Section, it shall be |
collected and distributed to the Specialized Services for |
Survivors of Human Trafficking Fund in accordance with Section |
5-9-1.21 of the Unified Code of Corrections. |
(h) Trafficking victim services. Subject to the |
availability of funds, the Department of Human Services may |
provide or fund emergency services and assistance to |
individuals who are victims of one or more offenses defined in |
this Section.
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(i) Certification. The Attorney General, a State's |
Attorney, or any law enforcement official shall certify in |
writing to the United States Department of Justice or other |
federal agency, such as the United States Department of |
Homeland Security, that an investigation or prosecution under |
this Section has begun and the individual who is a likely |
victim of a crime described in this Section is willing to |
cooperate or is cooperating with the investigation to enable |
the individual, if eligible under federal law, to qualify for |
an appropriate special immigrant visa and to access available |
federal benefits. Cooperation with law enforcement shall not be |
required of victims of a crime described in this Section who |
are under 18 years of age. This certification shall be made |
available to the victim and his or her designated legal |
representative. |
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(j) A person who commits involuntary servitude, |
involuntary sexual servitude of a minor, or trafficking in |
persons under subsection (b), (c), or (d) of this Section is |
subject to the property forfeiture provisions set forth in |
Article 124B of the Code of Criminal Procedure of 1963.
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(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; |
98-1013, eff. 1-1-15 .)
|
Section 115. The Code of Civil Procedure is amended by |
changing Section 13-225 as follows: |
(735 ILCS 5/13-225) |
Sec. 13-225. Trafficking victims protection. (a) In |
this Section, "human trafficking", "involuntary servitude", |
"sex trade", and "victim of the sex trade" have the meanings |
ascribed to them in Section 10 of the Trafficking Victims |
Protection Act. |
(b) Subject to both subsections (e) and (f) and |
notwithstanding any other provision of law, an action under the |
Trafficking Victims Protection Act must be commenced within 25 |
10 years of the date the limitation period begins to run under |
subsection (d) or within 25 10 years of the date the plaintiff |
discovers or through the use of reasonable diligence should |
discover both (i) that the sex trade, involuntary servitude, or |
human trafficking act occurred, and (ii) that the defendant |
caused, was responsible for, or profited from the sex trade, |
|
involuntary servitude, or human trafficking act. The fact that |
the plaintiff discovers or through the use of reasonable |
diligence should discover that the sex trade, involuntary |
servitude, or human trafficking act occurred is not, by itself, |
sufficient to start the discovery period under this subsection |
(b). |
(c) If the injury is caused by 2 or more acts that are part |
of a continuing series of sex trade, involuntary servitude, or |
human trafficking acts by the same defendant, then the |
discovery period under subsection (b) shall be computed from |
the date the person abused discovers or through the use of |
reasonable diligence should discover (i) that the last sex |
trade, involuntary servitude, or human trafficking act in the |
continuing series occurred, and (ii) that the defendant caused, |
was responsible for, or profited from the series of sex trade, |
involuntary servitude, or human trafficking acts. The fact that |
the plaintiff discovers or through the use of reasonable |
diligence should discover that the last sex trade, involuntary |
servitude, or human trafficking act in the continuing series |
occurred is not, by itself, sufficient to start the discovery |
period under subsection (b). |
(d) The limitation periods in subsection (b) do not begin |
to run before the plaintiff attains the age of 18 years; and, |
if at the time the plaintiff attains the age of 18 years he or |
she is under other legal disability, the limitation periods |
under subsection (b) do not begin to run until the removal of |
|
the disability. |
(e) The limitation periods in subsection (b) do not run |
during a time period when the plaintiff is subject to threats, |
intimidation, manipulation, or fraud perpetrated by the |
defendant or by any person acting in the interest of the |
defendant. |
(f) The limitation periods in subsection (b) do not |
commence running until the expiration of all limitations |
periods applicable to the criminal prosecution of the plaintiff |
for any acts which form the basis of a cause of action under |
the Trafficking Victims Protection Act.
|
(Source: P.A. 100-939, eff. 1-1-19 .)
|
Section 999. Effective date. This Section and Sections 1 |
through 15 take effect upon becoming law.
|