Bill Status of HB 1469   94th General Assembly

Short Description:  CD-VICTIM TRAFFICKING

House Sponsors
Rep. Michelle Chavez-Patricia Bailey-Cynthia Soto-Susana A Mendoza, Careen M Gordon, William Delgado, Maria Antonia Berrios, Charles E. Jefferson, Robert W. Churchill, Lee A. Daniels, Angelo Saviano, Michael P. McAuliffe, Ed Sullivan, Jr., Ron Stephens, Chapin Rose, Richard P. Myers, Lou Lang, John D'Amico, Calvin L. Giles, Monique D. Davis, Mary E. Flowers, Frank J. Mautino, David Reis, Bill Mitchell, Raymond Poe, Rich Brauer, David R. Leitch, Mike Bost, Dave Winters, Art Tenhouse, Sandra M. Pihos, Carolyn H. Krause, Daniel J. Burke, Harry Osterman, Jack D. Franks, Wyvetter H. Younge, Kurt M. Granberg, Robin Kelly, Dan Reitz, Robert S. Molaro, Aaron Schock, Michael K. Smith, Daniel V. Beiser, Jack McGuire, Patrick J Verschoore, Kathleen A. Ryg, Ruth Munson, Patricia R. Bellock, Rosemary Mulligan, Eddie Washington, Julie Hamos, Elaine Nekritz, Edward J. Acevedo, Constance A. Howard, Milton Patterson, Joseph M. Lyons, Richard T. Bradley, Marlow H. Colvin, Naomi D. Jakobsson, Karen May, Kenneth Dunkin, Deborah L. Graham, Paul D. Froehlich, Donald L. Moffitt, John J. Millner, Eileen Lyons, John A. Fritchey, David E. Miller, Robert Rita, Arthur L. Turner, Elizabeth Coulson, Robert W. Pritchard, Sidney H. Mathias and James H. Meyer

Senate Sponsors
(Sen. John J. Cullerton, William R. Haine and Pamela J. Althoff-Jacqueline Y. Collins-Iris Y. Martinez)


Last Action  View All Actions

DateChamber Action
  6/7/2005HousePublic Act . . . . . . . . . 94-0009

Statutes Amended In Order of Appearance
720 ILCS 5/Art. 10A heading new
720 ILCS 5/10A-5 new
720 ILCS 5/10A-10 new

Synopsis As Introduced
Amends the Criminal Code of 1961. Creates the offenses of involuntary servitude, sexual servitude of a minor, and trafficking of persons for forced labor and services. Mandates restitution. Provides that the Attorney General, in cooperation with the Administrative Office of the Illinois Courts, State's Attorneys, circuit court officials, the Department of Human Services, and the Department of Public Aid shall ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and State public benefits programs, victim protection services and immigration assistance services, where applicable. Provides that State's Attorneys shall refer an immigrant victim to the Attorney General for certification that the individual is a victim of trafficking or involuntary servitude so that the individual can qualify for a special immigrant visa and can have access to available federal benefits. Provides that the Attorney General, in consultation with the Department of Human Services, the Department of Public Aid and the Administrative Office of the Illinois Courts, shall, within 6 months after the effective date of this amendatory Act, determine and issue a report on how existing social services, public aid programs and victim protecting laws and rules respond to the needs of victims of trafficking and involuntary servitude.

House Amendment No. 1
Defines "forced labor or services" to include labor or services that are performed or provided by another person and are maintained through any scheme, plan, or pattern intending to cause or threatening to cause serious harm to any person. Provides that a "sexually-explicit performance" includes a recorded or broadcast act or show including a broadcast over the Internet. Changes references from "servitude" to "involuntary servitude". Provides that 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 created by the amendatory Act. Deletes provisions that the Attorney General, in cooperation with the Administrative Office of the Illinois Courts, State's Attorneys, circuit court officials, the Department of Human Services, and the Department of Public Aid shall ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and State public benefits programs, victim protection services and immigration assistance services, where applicable. Deletes provisions that State's Attorneys shall refer an immigrant victim to the Attorney General for certification that the individual is a victim of trafficking or involuntary servitude so that the individual can qualify for a special immigrant visa and can have access to available federal benefits. Deletes provisions that the Attorney General, in consultation with the Department of Human Services, the Department of Public Aid and the Administrative Office of the Illinois Courts, shall, within 6 months after the effective date of this amendatory Act, determine and issue a report on how existing social services, public aid programs and victim protecting laws and rules respond to the needs of victims of trafficking and involuntary servitude.

Senate Committee Amendment No. 1
Deletes sentencing enhancements if death results. Provides that restitution for the various violations of the provisions of the amendatory Act include 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 or the Minimum Wage Law, whichever is greater.

Senate Floor Amendment No. 2
Adds reference to:
720 ILCS 5/10A-15 new
720 ILCS 5/10A-20 new

Provides that a person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services shall forfeit to the State of Illinois any profits or proceeds and any interest or property he or she has acquired or maintained in violation of these provisions that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of maintaining a person in involuntary servitude or participating in trafficking in persons for forced labor or services. Provides that upon conviction of a person of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services, the court shall authorize the Attorney General to seize all property or other interest declared forfeited upon such terms and conditions as the court shall deem proper. Provides that all monies forfeited and the sale proceeds of all other property forfeited and seized under these provisions shall be distributed as follows: (1) one-half shall be divided equally among all State agencies and units of local government whose officers or employees conducted the investigation which resulted in the forfeiture; and (2) one-half shall be deposited into the Violent Crime Victims Assistance Fund and targeted to services for victims of the offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services. Provides that the Attorney General, State's Attorneys, 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 Article 10A of the Code has begun and the individual who is a likely victim of a crime described in Article 10A 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. Provides that cooperation with law enforcement is not required of victims of a crime described in Article 10A who are under 18 years of age. Provides that the certification shall be made available to the victim and his or her designated legal representative.

Actions 
DateChamber Action
  2/10/2005HouseFiled with the Clerk by Rep. Michelle Chavez
  2/10/2005HouseFirst Reading
  2/10/2005HouseReferred to Rules Committee
  2/16/2005HouseAssigned to Judiciary II - Criminal Law Committee
  2/24/2005HouseAdded Co-Sponsor Rep. Careen M Gordon
  3/1/2005HouseAdded Chief Co-Sponsor Rep. Patricia Bailey
  3/10/2005HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/10/2005HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/10/2005HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
  3/11/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2005HouseSecond Reading - Short Debate
  3/17/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/5/2005HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  4/5/2005HouseAdded Chief Co-Sponsor Rep. Susana A Mendoza
  4/5/2005HouseAdded Co-Sponsor Rep. William Delgado
  4/5/2005HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  4/5/2005HouseRecalled to Second Reading - Short Debate
  4/5/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/5/2005HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/7/2005HouseSecond Reading - Short Debate
  4/7/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/7/2005HouseAdded Co-Sponsor Rep. Robert W. Churchill
  4/7/2005HouseAdded Co-Sponsor Rep. Lee A. Daniels
  4/7/2005HouseAdded Co-Sponsor Rep. Angelo Saviano
  4/7/2005HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  4/7/2005HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  4/7/2005HouseAdded Co-Sponsor Rep. Ron Stephens
  4/7/2005HouseAdded Co-Sponsor Rep. Chapin Rose
  4/7/2005HouseAdded Co-Sponsor Rep. Richard P. Myers
  4/7/2005HouseAdded Co-Sponsor Rep. Lou Lang
  4/7/2005HouseAdded Co-Sponsor Rep. John D'Amico
  4/7/2005HouseAdded Co-Sponsor Rep. Calvin L. Giles
  4/7/2005HouseAdded Co-Sponsor Rep. Monique D. Davis
  4/7/2005HouseAdded Co-Sponsor Rep. Mary E. Flowers
  4/7/2005HouseAdded Co-Sponsor Rep. Frank J. Mautino
  4/7/2005HouseAdded Co-Sponsor Rep. David Reis
  4/7/2005HouseAdded Co-Sponsor Rep. Bill Mitchell
  4/7/2005HouseAdded Co-Sponsor Rep. Raymond Poe
  4/7/2005HouseAdded Co-Sponsor Rep. Rich Brauer
  4/7/2005HouseAdded Co-Sponsor Rep. David R. Leitch
  4/7/2005HouseAdded Co-Sponsor Rep. Mike Bost
  4/7/2005HouseAdded Co-Sponsor Rep. Dave Winters
  4/7/2005HouseAdded Co-Sponsor Rep. Art Tenhouse
  4/7/2005HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  4/7/2005HouseAdded Co-Sponsor Rep. Carolyn H. Krause
  4/7/2005HouseAdded Co-Sponsor Rep. Daniel J. Burke
  4/7/2005HouseAdded Co-Sponsor Rep. Harry Osterman
  4/7/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/7/2005HouseAdded Co-Sponsor Rep. Wyvetter H. Younge
  4/7/2005HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  4/7/2005HouseAdded Co-Sponsor Rep. Robin Kelly
  4/7/2005HouseAdded Co-Sponsor Rep. Dan Reitz
  4/7/2005HouseAdded Co-Sponsor Rep. Robert F. Flider
  4/7/2005HouseAdded Co-Sponsor Rep. Robert S. Molaro
  4/7/2005HouseAdded Co-Sponsor Rep. Aaron Schock
  4/7/2005HouseAdded Co-Sponsor Rep. Michael K. Smith
  4/7/2005HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  4/7/2005HouseAdded Co-Sponsor Rep. Jack McGuire
  4/7/2005HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  4/7/2005HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/7/2005HouseAdded Co-Sponsor Rep. Ruth Munson
  4/7/2005HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  4/7/2005HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  4/7/2005HouseAdded Co-Sponsor Rep. Eddie Washington
  4/7/2005HouseAdded Co-Sponsor Rep. Julie Hamos
  4/7/2005HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/7/2005HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  4/7/2005HouseAdded Co-Sponsor Rep. Constance A. Howard
  4/7/2005HouseAdded Co-Sponsor Rep. Milton Patterson
  4/7/2005HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  4/7/2005HouseAdded Co-Sponsor Rep. Richard T. Bradley
  4/7/2005HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  4/7/2005HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/7/2005HouseAdded Co-Sponsor Rep. Karen May
  4/7/2005HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/7/2005HouseAdded Co-Sponsor Rep. Deborah L. Graham
  4/7/2005HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  4/7/2005HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  4/7/2005HouseAdded Co-Sponsor Rep. John J. Millner
  4/7/2005HouseAdded Co-Sponsor Rep. Eileen Lyons
  4/7/2005HouseAdded Co-Sponsor Rep. John A. Fritchey
  4/7/2005HouseAdded Co-Sponsor Rep. David E. Miller
  4/7/2005HouseAdded Co-Sponsor Rep. Robert Rita
  4/7/2005HouseAdded Co-Sponsor Rep. Arthur L. Turner
  4/7/2005HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  4/7/2005HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  4/8/2005HouseRemoved from Short Debate Status Rep. Michelle Chavez
  4/8/2005HouseCalendar Order of 3rd Reading - Standard Debate
  4/8/2005HouseThird Reading - Standard Debate - Passed 108-000-001
  4/8/2005HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  4/8/2005HouseAdded Co-Sponsor Rep. James H. Meyer
  4/8/2005SenateArrive in Senate
  4/8/2005SenatePlaced on Calendar Order of First Reading April 11, 2005
  4/8/2005SenateChief Senate Sponsor Sen. John J. Cullerton
  4/11/2005SenateFirst Reading
  4/11/2005SenateReferred to Rules
  4/12/2005SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  4/13/2005SenateAssigned to Judiciary
  4/20/2005SenatePostponed - Judiciary
  5/2/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  5/2/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  5/3/2005SenateSenate Committee Amendment No. 1 Adopted
  5/5/2005SenateDo Pass as Amended Judiciary; 010-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/16/2005SenateSecond Reading
  5/16/2005SenatePlaced on Calendar Order of 3rd Reading May 17, 2005
  5/17/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  5/17/2005SenateSenate Floor Amendment No. 2 Referred to Rules
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/23/2005SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  5/24/2005SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
  5/26/2005SenateRecalled to Second Reading
  5/26/2005SenateSenate Floor Amendment No. 2 Adopted; Cullerton
  5/26/2005SenatePlaced on Calendar Order of 3rd Reading
  5/26/2005SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/26/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/26/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/26/2005SenateThird Reading - Passed; 057-000-000
  5/26/2005HouseArrived in House
  5/26/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  5/26/2005HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Michelle Chavez
  5/26/2005HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Michelle Chavez
  5/26/2005HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/26/2005HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/27/2005HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/27/2005HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/27/2005HouseRemoved Co-Sponsor Rep. Robert F. Flider
  5/27/2005HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary II - Criminal Law Committee; 015-001-000
  5/27/2005HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Judiciary II - Criminal Law Committee; 016-000-000
  5/29/2005HouseSenate Committee Amendment No. 1 House Concurs 113-000-001
  5/29/2005HouseSenate Floor Amendment No. 2 House Concurs 113-000-001
  5/29/2005HousePassed Both Houses
  6/3/2005HouseSent to the Governor
  6/7/2005HouseGovernor Approved
  6/7/2005HouseEffective Date January 1, 2006
  6/7/2005HousePublic Act . . . . . . . . . 94-0009

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