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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4592 Introduced 1/21/2022, by Rep. Chris Bos, Chris Miller, Norine K. Hammond, Keith R. Wheeler, Blaine Wilhour, et al. SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/10-9 | | 720 ILCS 5/11-14.1 | |
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Amends the Criminal Code of 2012. Provides for increased penalties for involuntary servitude if the victim was recruited, enticed, or obtained by any means from a shelter, safe house, or facility, including, but not limited to, a residential treatment center that serves runway youth, foster children, the homeless, or victims of trafficking, or those subjected to domestic violence or sexual assault. Provides that a person also commits the offense of 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 the minor is under 18 years of age and was recruited, enticed, or obtained by any means from a shelter, safe house, or facility, including, but not limited to, a residential treatment center that serves runway youth, foster children, the homeless, or victims of trafficking, or those subjected to domestic violence or sexual assault. Provides that solicitation of a sexual act is a Class 4 felony and a second or subsequent offense is a Class 3 felony (rather than a Class A misdemeanor). Provides that solicitation of a sexual act from a person who is under 18 years of age or who is a person with a severe or profound intellectual disability is a Class 3 (rather than a Class 4) felony and a second or subsequent offense is a Class 2 felony.
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| | A BILL FOR |
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| | HB4592 | | LRB102 24398 RLC 33632 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Sections 10-9 and 11-14.1 as follows: |
6 | | (720 ILCS 5/10-9) |
7 | | Sec. 10-9. Trafficking in persons, involuntary servitude, |
8 | | and related offenses. |
9 | | (a) Definitions. In this Section: |
10 | | (1) "Intimidation" has the meaning prescribed in |
11 | | Section 12-6. |
12 | | (2) "Commercial sexual activity" means any sex act on |
13 | | account of which anything of value is given, promised to, |
14 | | or received by any person.
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15 | | (2.5) "Company" means any sole proprietorship, |
16 | | organization, association, corporation, partnership, |
17 | | joint venture, limited partnership, limited liability |
18 | | partnership, limited liability limited partnership, |
19 | | limited liability company, or other entity or business |
20 | | association, including all wholly owned subsidiaries, |
21 | | majority-owned subsidiaries, parent companies, or |
22 | | affiliates of those entities or business associations, |
23 | | that exist for the purpose of making profit. |
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1 | | (3) "Financial harm" includes intimidation that brings |
2 | | about financial loss, criminal usury, or employment |
3 | | contracts that violate the Frauds Act. |
4 | | (4) (Blank). |
5 | | (5) "Labor" means work of economic or financial value. |
6 | | (6) "Maintain" means, in relation to labor or |
7 | | services, to secure continued performance thereof, |
8 | | regardless of any initial agreement on the part of the |
9 | | victim to perform that type of service. |
10 | | (7) "Obtain" means, in relation to labor or services, |
11 | | to secure performance thereof. |
12 | | (7.1) "Residential treatment center" has the meaning |
13 | | ascribed to it in subsection (12.3) of Section 1-3 of the |
14 | | Juvenile Court Act of 1987. |
15 | | (7.5) "Serious harm" means any harm, whether physical |
16 | | or nonphysical, including psychological, financial, or |
17 | | reputational harm, that is sufficiently serious, under all |
18 | | the surrounding circumstances, to compel a reasonable |
19 | | person of the same background and in the same |
20 | | circumstances to perform or to continue performing labor |
21 | | or services in order to avoid incurring that harm. |
22 | | (8) "Services" means activities resulting from a |
23 | | relationship between a person and the actor in which the |
24 | | person performs activities under the supervision of or for |
25 | | the benefit of the actor. Commercial sexual activity and |
26 | | sexually-explicit performances are forms of activities |
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1 | | that are "services" under this Section. Nothing in this |
2 | | definition may be construed to legitimize or legalize |
3 | | prostitution. |
4 | | (9) "Sexually-explicit performance" means a live, |
5 | | recorded, broadcast (including over the Internet), or |
6 | | public act or show intended to arouse or satisfy the |
7 | | sexual desires or appeal to the prurient interests of |
8 | | patrons. |
9 | | (10) "Trafficking victim" means a person subjected to |
10 | | the practices set forth in subsection (b), (c), or (d). |
11 | | (b) Involuntary servitude. A person commits involuntary |
12 | | servitude when he or she knowingly subjects, attempts to |
13 | | subject, or engages in a conspiracy to subject another person |
14 | | to labor or services obtained or maintained through any of the |
15 | | following means, or any combination of these means: |
16 | | (1) causes or threatens to cause physical harm to any |
17 | | person; |
18 | | (2) physically restrains or threatens to physically |
19 | | restrain another person; |
20 | | (3) abuses or threatens to abuse the law or legal |
21 | | process; |
22 | | (4) knowingly destroys, conceals, removes, |
23 | | confiscates, or possesses any actual or purported passport |
24 | | or other immigration document, or any other actual or |
25 | | purported government identification document, of another |
26 | | person; |
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1 | | (5) uses intimidation, or exerts financial control |
2 | | over any person; or |
3 | | (6) uses any scheme, plan, or pattern intended to |
4 | | cause the person to believe that, if the person did not |
5 | | perform the labor or services, that person or another |
6 | | person would suffer serious harm or physical restraint. |
7 | | Sentence. Except as otherwise provided in subsection (e) |
8 | | or (f), a violation of subsection (b)(1) is a Class X felony, |
9 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) |
10 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. |
11 | | A violation of subsection (b)(2) if the person was |
12 | | recruited, enticed, or obtained by any means from a shelter, |
13 | | safe house, or facility, including, but not limited to, a |
14 | | residential treatment center that serves runway youth, foster |
15 | | children, the homeless, or victims of trafficking, or those |
16 | | subjected to domestic violence or sexual assault is a Class X |
17 | | felony. |
18 | | A violation of subsection (b)(3) if the person was |
19 | | recruited, enticed, or obtained by any means from a shelter, |
20 | | safe house, or facility, including, but not limited to, a |
21 | | residential treatment center that serves runway youth, foster |
22 | | children, the homeless, or victims of trafficking, or those |
23 | | subjected to domestic violence or sexual assault is a Class 1 |
24 | | felony. |
25 | | A violation of subsection (b)(4) if the person was |
26 | | recruited, enticed, or obtained by any means from a shelter, |
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1 | | safe house, or facility, including, but not limited to, a |
2 | | residential treatment center that serves runway youth, foster |
3 | | children, the homeless, or victims of trafficking, or those |
4 | | subjected to domestic violence or sexual assault is a Class 2 |
5 | | felony. |
6 | | A violation of subsection (b)(5) or (b)(6) if the person |
7 | | was recruited, enticed, or obtained by any means from a |
8 | | shelter, safe house, or facility, including, but not limited |
9 | | to, a residential treatment center that serves runway youth, |
10 | | foster children, the homeless, or victims of trafficking, or |
11 | | those subjected to domestic violence or sexual assault is a |
12 | | Class 3 felony. |
13 | | (c) Involuntary sexual servitude of a minor. A person |
14 | | commits involuntary sexual servitude of a minor when he or she |
15 | | knowingly recruits, entices, harbors, transports, provides, or |
16 | | obtains by any means, or attempts to recruit, entice, harbor, |
17 | | provide, or obtain by any means, another person under 18 years |
18 | | of age, knowing that the minor will engage in commercial |
19 | | sexual activity, a sexually-explicit performance, or the |
20 | | production of pornography, or causes or attempts to cause a |
21 | | minor to engage in one or more of those activities and: |
22 | | (1) there is no overt force or threat and the minor is |
23 | | between the ages of 17 and 18 years; |
24 | | (2) there is no overt force or threat and the minor is |
25 | | under the age of 17 years; or |
26 | | (3) there is overt force or threat ; or . |
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1 | | (4) the minor is under 18 years of age and was |
2 | | recruited, enticed, or obtained by any means from a |
3 | | shelter, safe house, or facility, including, but not |
4 | | limited to, a residential treatment center that serves |
5 | | runway youth, foster children, the homeless, or victims of |
6 | | trafficking, or those subjected to domestic violence or |
7 | | sexual assault. |
8 | | Sentence. Except as otherwise provided in subsection (e) |
9 | | or (f), a violation of subsection (c)(1) is a Class 1 felony, |
10 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony , and |
11 | | (c)(4) is a Class X felony . |
12 | | (d) Trafficking in persons. A person commits trafficking |
13 | | in persons when he or she knowingly: (1) recruits, entices, |
14 | | harbors, transports, provides, or obtains by any means, or |
15 | | attempts to recruit, entice, harbor, transport, provide, or |
16 | | obtain by any means, another person, intending or knowing that |
17 | | the person will be subjected to involuntary servitude; or (2) |
18 | | benefits, financially or by receiving anything of value, from |
19 | | participation in a venture that has engaged in an act of |
20 | | involuntary servitude or involuntary sexual servitude of a |
21 | | minor. A company commits trafficking in persons when the |
22 | | company knowingly benefits, financially or by receiving |
23 | | anything of value, from participation in a venture that has |
24 | | engaged in an act of involuntary servitude or involuntary |
25 | | sexual servitude of a minor. |
26 | | Sentence. Except as otherwise provided in subsection (e) |
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1 | | or (f), a violation of this subsection by a person is a Class 1 |
2 | | felony. A violation of this subsection by a company is a |
3 | | business offense for which a fine of up to $100,000 may be |
4 | | imposed. |
5 | | (e) Aggravating factors. A violation of this Section |
6 | | involving kidnapping or an attempt to kidnap, aggravated |
7 | | criminal sexual assault or an attempt to commit aggravated |
8 | | criminal sexual assault, or an attempt to commit first degree |
9 | | murder is a Class X felony. |
10 | | (f) Sentencing considerations. |
11 | | (1) Bodily injury. If, pursuant to a violation of this |
12 | | Section, a victim
suffered bodily injury, the defendant |
13 | | may be sentenced to an extended-term sentence under |
14 | | Section 5-8-2 of the Unified Code of Corrections. The |
15 | | sentencing court must take into account the time in which |
16 | | the victim was held in servitude, with increased penalties |
17 | | for cases in which the victim was held for between 180 days |
18 | | and one year, and increased penalties for cases in which |
19 | | the victim was held for more than one year. |
20 | | (2) Number of victims. In determining sentences within |
21 | | statutory maximums, the sentencing court should take into |
22 | | account the number of victims, and may provide for |
23 | | substantially increased sentences in cases involving more |
24 | | than 10 victims. |
25 | | (g) Restitution. Restitution is mandatory under this |
26 | | Section. In addition to any other amount of loss identified, |
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1 | | the court shall order restitution including the greater of (1) |
2 | | the gross income or value to the defendant of the victim's |
3 | | labor or services or (2) the value of the victim's labor as |
4 | | guaranteed under the Minimum Wage Law and overtime provisions |
5 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
6 | | whichever is greater. |
7 | | (g-5) Fine distribution. If the court imposes a fine under |
8 | | subsection (b), (c), or (d) of this Section, it shall be |
9 | | collected and distributed to the Specialized Services for |
10 | | Survivors of Human Trafficking Fund in accordance with Section |
11 | | 5-9-1.21 of the Unified Code of Corrections. |
12 | | (h) Trafficking victim services. Subject to the |
13 | | availability of funds, the Department of Human Services may |
14 | | provide or fund emergency services and assistance to |
15 | | individuals who are victims of one or more offenses defined in |
16 | | this Section.
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17 | | (i) Certification. The Attorney General, a State's |
18 | | Attorney, or any law enforcement official shall certify in |
19 | | writing to the United States Department of Justice or other |
20 | | federal agency, such as the United States Department of |
21 | | Homeland Security, that an investigation or prosecution under |
22 | | this Section has begun and the individual who is a likely |
23 | | victim of a crime described in this Section is willing to |
24 | | cooperate or is cooperating with the investigation to enable |
25 | | the individual, if eligible under federal law, to qualify for |
26 | | an appropriate special immigrant visa and to access available |
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1 | | federal benefits. Cooperation with law enforcement shall not |
2 | | be required of victims of a crime described in this Section who |
3 | | are under 18 years of age. This certification shall be made |
4 | | available to the victim and his or her designated legal |
5 | | representative. |
6 | | (j) A person who commits involuntary servitude, |
7 | | involuntary sexual servitude of a minor, or trafficking in |
8 | | persons under subsection (b), (c), or (d) of this Section is |
9 | | subject to the property forfeiture provisions set forth in |
10 | | Article 124B of the Code of Criminal Procedure of 1963.
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11 | | (Source: P.A. 101-18, eff. 1-1-20 .) |
12 | | (720 ILCS 5/11-14.1) |
13 | | Sec. 11-14.1. Solicitation of a sexual act. |
14 | | (a) Any person who offers a person not his or her spouse |
15 | | any money,
property, token, object, or article or anything of |
16 | | value for that person or any other person not his or her spouse |
17 | | to
perform any act of sexual penetration as defined in Section |
18 | | 11-0.1 of this Code,
or any touching or fondling of the sex |
19 | | organs of one person by another person
for the purpose of |
20 | | sexual arousal or gratification, commits solicitation of a |
21 | | sexual act. |
22 | | (b) Sentence. Solicitation of a sexual act is a Class 4 |
23 | | felony and a second or subsequent offense is a Class 3 felony A |
24 | | misdemeanor . Solicitation of a sexual act from a person who is |
25 | | under the age of 18 or who is a person with a severe or |
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1 | | profound intellectual disability is a Class 3 4 felony and a |
2 | | second or subsequent offense is a Class 2 felony . If the court |
3 | | imposes a fine under this subsection (b), it shall be |
4 | | collected and distributed to the Specialized Services for |
5 | | Survivors of Human Trafficking Fund in accordance with Section |
6 | | 5-9-1.21 of the Unified Code of Corrections. |
7 | | (b-5) It is an affirmative defense to a charge of |
8 | | solicitation of a sexual act with a person who is under the age |
9 | | of 18 or who is a person with a severe or profound intellectual |
10 | | disability that the accused reasonably believed the person was |
11 | | of the age of 18 years or over or was not a person with a |
12 | | severe or profound intellectual disability at the time of the |
13 | | act giving rise to the charge. |
14 | | (c) This Section does not apply to a person engaged in |
15 | | prostitution who is under 18 years of age. |
16 | | (d) A person cannot be convicted under this Section if the |
17 | | practice of prostitution underlying the offense consists |
18 | | exclusively of the accused's own acts of prostitution under |
19 | | Section 11-14 of this Code. |
20 | | (Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)
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