Rep. Emanuel Chris Welch

Filed: 5/11/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3108

2    AMENDMENT NO. ______. Amend Senate Bill 3108 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 13-225 as follows:
 
6    (735 ILCS 5/13-225)
7    Sec. 13-225. Trafficking victims protection Predator
8accountability.
9    (a) In this Section, "human trafficking", "involuntary
10servitude", "sex trade", and "victim of the sex trade" have the
11meanings ascribed to them in Section 10 of the Trafficking
12Victims Protection Predator Accountability Act.
13    (b) Subject to both subsections (e) and (f) and
14notwithstanding any other provision of law, an action under the
15Trafficking Victims Protection Predator Accountability Act
16must be commenced within 10 years of the date the limitation

 

 

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1period begins to run under subsection (d) or within 10 years of
2the date the plaintiff discovers or through the use of
3reasonable diligence should discover both (i) that the sex
4trade, involuntary servitude, or human trafficking act
5occurred, and (ii) that the defendant caused, was responsible
6for, or profited from the sex trade, involuntary servitude, or
7human trafficking act. The fact that the plaintiff discovers or
8through the use of reasonable diligence should discover that
9the sex trade, involuntary servitude, or human trafficking act
10occurred is not, by itself, sufficient to start the discovery
11period under this subsection (b).
12    (c) If the injury is caused by 2 or more acts that are part
13of a continuing series of sex trade, involuntary servitude, or
14human trafficking acts by the same defendant, then the
15discovery period under subsection (b) shall be computed from
16the date the person abused discovers or through the use of
17reasonable diligence should discover (i) that the last sex
18trade, involuntary servitude, or human trafficking act in the
19continuing series occurred, and (ii) that the defendant caused,
20was responsible for, or profited from the series of sex trade,
21involuntary servitude, or human trafficking acts. The fact that
22the plaintiff discovers or through the use of reasonable
23diligence should discover that the last sex trade, involuntary
24servitude, or human trafficking act in the continuing series
25occurred is not, by itself, sufficient to start the discovery
26period under subsection (b).

 

 

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1    (d) The limitation periods in subsection (b) do not begin
2to run before the plaintiff attains the age of 18 years; and,
3if at the time the plaintiff attains the age of 18 years he or
4she is under other legal disability, the limitation periods
5under subsection (b) do not begin to run until the removal of
6the disability.
7    (e) The limitation periods in subsection (b) do not run
8during a time period when the plaintiff is subject to threats,
9intimidation, manipulation, or fraud perpetrated by the
10defendant or by any person acting in the interest of the
11defendant.
12    (f) The limitation periods in subsection (b) do not
13commence running until the expiration of all limitations
14periods applicable to the criminal prosecution of the plaintiff
15for any acts which form the basis of a cause of action under
16the Trafficking Victims Protection Predator Accountability
17Act.
18(Source: P.A. 94-998, eff. 7-3-06.)
 
19    Section 10. The Predator Accountability Act is amended by
20changing Sections 1, 5, 10, 15, 20, 25, and 45 as follows:
 
21    (740 ILCS 128/1)
22    Sec. 1. Short title. This Act may be cited as the
23Trafficking Victims Protection Predator Accountability Act.
24(Source: P.A. 94-998, eff. 7-3-06.)
 

 

 

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1    (740 ILCS 128/5)
2    Sec. 5. Purpose. The purpose of this Act is to allow
3persons who have been or who are subjected to the sex trade,
4involuntary servitude, or human trafficking to seek civil
5damages and remedies from individuals and entities that
6recruited, harmed, profited from, or maintained them in the sex
7trade or involuntary servitude or subjected them to human
8trafficking.
9(Source: P.A. 94-998, eff. 7-3-06.)
 
10    (740 ILCS 128/10)
11    Sec. 10. Definitions. As used in this Act:
12    "Human trafficking" means a violation or attempted
13violation of subsection (d) of Section 10-9 of the Criminal
14Code of 2012.
15    "Involuntary servitude" means a violation or attempted
16violation of subsection (b) of Section 10-9 of the Criminal
17Code of 2012.
18    "Sex trade" means any act, which if proven beyond a
19reasonable doubt could support a conviction for a violation or
20attempted violation of any of the following Sections of the
21Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3
22(promoting prostitution); 11-14.4 (promoting juvenile
23prostitution); 11-15 (soliciting for a prostitute); 11-15.1
24(soliciting for a juvenile prostitute); 11-16 (pandering);

 

 

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111-17 (keeping a place of prostitution); 11-17.1 (keeping a
2place of juvenile prostitution); 11-19 (pimping); 11-19.1
3(juvenile pimping and aggravated juvenile pimping); 11-19.2
4(exploitation of a child); 11-20 (obscenity); 11-20.1 (child
5pornography); or 11-20.1B or 11-20.3 (aggravated child
6pornography); or subsection (c) of Section 10-9 (trafficking in
7persons and involuntary sexual servitude of a minor).
8    "Sex trade" activity may involve adults and youth of all
9genders and sexual orientations.
10    "Victim of the sex trade" means, for the following sex
11trade acts, the person or persons indicated:
12        (1) soliciting for a prostitute: the prostitute who is
13    the object of the solicitation;
14        (2) soliciting for a juvenile prostitute: the juvenile
15    prostitute, or person with a severe or profound
16    intellectual disability, who is the object of the
17    solicitation;
18        (3) promoting prostitution as described in subdivision
19    (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
20    Code of 1961 or the Criminal Code of 2012, or pandering:
21    the person intended or compelled to act as a prostitute;
22        (4) keeping a place of prostitution: any person
23    intended or compelled to act as a prostitute, while present
24    at the place, during the time period in question;
25        (5) keeping a place of juvenile prostitution: any
26    juvenile intended or compelled to act as a prostitute,

 

 

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1    while present at the place, during the time period in
2    question;
3        (6) promoting prostitution as described in subdivision
4    (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
5    or the Criminal Code of 2012, or pimping: the prostitute
6    from whom anything of value is received;
7        (7) promoting juvenile prostitution as described in
8    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, or
10    juvenile pimping and aggravated juvenile pimping: the
11    juvenile, or person with a severe or profound intellectual
12    disability, from whom anything of value is received for
13    that person's act of prostitution;
14        (8) promoting juvenile prostitution as described in
15    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
16    of 1961 or the Criminal Code of 2012, or exploitation of a
17    child: the juvenile, or person with a severe or profound
18    intellectual disability, intended or compelled to act as a
19    prostitute or from whom anything of value is received for
20    that person's act of prostitution;
21        (9) obscenity: any person who appears in or is
22    described or depicted in the offending conduct or material;
23        (10) child pornography or aggravated child
24    pornography: any child, or person with a severe or profound
25    intellectual disability, who appears in or is described or
26    depicted in the offending conduct or material; or

 

 

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1        (11) trafficking of persons or involuntary sexual
2    servitude of a minor : a "trafficking victim" as defined in
3    subsection (c) of Section 10-9 of the Criminal Code of 1961
4    or the Criminal Code of 2012.
5(Source: P.A. 99-143, eff. 7-27-15.)
 
6    (740 ILCS 128/15)
7    Sec. 15. Cause of action.
8    (a) A victim of the sex trade, involuntary servitude, or
9human trafficking may bring an action in civil court under this
10Act Violations of this Act are actionable in civil court.
11    (a-1) A legal guardian, agent of the victim, court
12appointee, or organization that represents the interests of or
13serves victims may bring a cause of action on behalf of a
14victim. An action may also be brought by a government entity
15responsible for enforcing the laws of this State.
16    (b) A victim of the sex trade has a cause of action against
17a person or entity who:
18        (1) recruits, profits from, or maintains the victim in
19    any sex trade act;
20        (2) intentionally abuses, as defined in Section 103 of
21    the Illinois Domestic Violence Act of 1986, or causes
22    bodily harm, as defined in Section 11-0.1 of the Criminal
23    Code of 2012, to a victim of the sex trade the victim in
24    any sex trade act; or
25        (3) knowingly advertises or publishes advertisements

 

 

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1    for purposes of recruitment into sex trade activity.
2    (b-1) A victim of involuntary servitude or human
3trafficking has a cause of action against any person or entity
4who knowingly subjects, attempts to subject, or engages in a
5conspiracy to subject the victim to involuntary servitude or
6human trafficking.
7    (c) This Section shall not be construed to create liability
8to any person or entity who provides goods or services to the
9general public, who also provides those goods or services to
10persons who would be liable under subsection (b) of this
11Section, absent a showing that the person or entity either:
12        (1) knowingly markets or provides its goods or services
13    primarily to persons or entities liable under subsection
14    (b) of this Section;
15        (2) knowingly receives a higher level of compensation
16    from persons or entities liable under subsection (b) of
17    this Section than it generally receives from customers; or
18        (3) supervises or exercises control over persons or
19    entities liable under subsection (b) of this Section.
20    (d) The standard of proof in any action brought under this
21Section is a preponderance of the evidence.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
23    (740 ILCS 128/20)
24    Sec. 20. Relief. A prevailing victim of the sex trade,
25involuntary servitude, or human trafficking shall be entitled

 

 

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1to all relief that would make him or her whole. This includes,
2but is not limited to:
3        (1) declaratory relief;
4        (2) injunctive relief;
5        (3) recovery of costs and attorney fees including, but
6    not limited to, costs for expert testimony and witness
7    fees;
8        (4) compensatory damages including, but not limited
9    to:
10            (A) economic loss, including damage, destruction,
11        or loss of use of personal property, and loss of past
12        or future earning capacity, and, for a victim of
13        involuntary servitude or human trafficking, any
14        statutorily required wages under applicable State or
15        federal law; and
16            (B) damages for death, personal injury, disease,
17        and mental and emotional harm, including medical,
18        rehabilitation, burial expenses, pain and suffering,
19        and physical impairment;
20        (5) punitive damages; and
21        (6) damages in the amount of the gross revenues
22    received by the defendant from, or related to, the sex
23    trade, involuntary servitude, or human trafficking
24    activities of the plaintiff or the trafficking and
25    involuntary servitude of the plaintiff.
26(Source: P.A. 94-998, eff. 7-3-06; 95-331, eff. 8-21-07.)
 

 

 

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1    (740 ILCS 128/25)
2    Sec. 25. Non-defenses.
3    (a) It is not a defense to an action brought under this Act
4that:
5        (1) the victim of the sex trade, involuntary servitude,
6    or human trafficking and the defendant had a marital or
7    consenting sexual relationship;
8        (2) the defendant is related to the victim of the sex
9    trade, involuntary servitude, or human trafficking by
10    blood or marriage, or has lived with the defendant in any
11    formal or informal household arrangement;
12        (3) the victim of the sex trade, involuntary servitude,
13    or human trafficking was paid or otherwise compensated for
14    sex trade activity, human, or other services;
15        (4) the victim of the sex trade engaged in sex trade
16    activity or had been subjected to involuntary servitude or
17    human trafficking prior to any involvement with the
18    defendant;
19        (5) the victim of the sex trade, involuntary servitude,
20    or human trafficking made no attempt to escape, flee, or
21    otherwise terminate contact with the defendant;
22        (6) the victim of the sex trade, involuntary servitude,
23    or human trafficking consented to engage in acts of the sex
24    trade, human, or other services;
25        (7) it was a single incident of activity; or

 

 

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1        (8) there was no physical contact involved; or .
2        (9) a defendant has been acquitted or has not been
3    investigated, arrested, prosecuted, or convicted under the
4    Criminal Code of 2012 or has been convicted of a different
5    offense for the conduct that is alleged to give rise to
6    liability under this Act.
7    (b) Any illegality of the sex trade activity, human, or
8services on the part of the victim of the sex trade,
9involuntary servitude, or human trafficking shall not be an
10affirmative defense to any action brought under this Act.
11(Source: P.A. 94-998, eff. 7-3-06.)
 
12    (740 ILCS 128/45)
13    Sec. 45. No avoidance of liability. No person may avoid
14liability under this Act by means of any conveyance of any
15right, title, or interest in real property, or by any
16indemnification, hold harmless agreement, or similar agreement
17that purports to show consent of the victim of the sex trade,
18involuntary servitude, or human trafficking.
19(Source: P.A. 94-998, eff. 7-3-06.)".