HB6571 99TH GENERAL ASSEMBLY

LRB099 21504 SMS 47757 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6571

Introduced , by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:

225 ILCS 57/47 new
225 ILCS 410/3C-7.5 new
740 ILCS 128/15
740 ILCS 128/40
740 ILCS 128/85 new

Amends the Predator Accountability Act, the Massage Licensing Act, and the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides legislative findings on the connection between sex trafficking and licensed massage therapists and nail technicians. Adds a provision prohibiting a person or entity from hiring or continuing to employ a licensed massage therapist or licensed nail technician if the person or entity has employed one or more individuals licensed as massage therapists or nail technicians who, during their period of employment by the person or entity, were victims of the sex trade or were convicted of specified crimes and where the employing person or entity recruits, profits from, or maintains the victim in any sex trade act, intentionally abuses, as defined in the Illinois Domestic Violence Act of 1986, or causes bodily harm, as defined in the Criminal Code of 2012, to the victim in any sex trade act, or knowingly advertises or publishes advertisements for purposes of recruitment into sex trade activity. Provides penalties for failure to comply with the provisions. Provides that provisions concerning prohibiting double recovery do not apply to actions in provisions concerning massage therapists and nail technicians. Makes conforming changes to the Massage Licensing Act and the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Massage Licensing Act is amended by adding Section 47 as follows:

(225 ILCS 57/47 new)

Sec. 47. Prohibition on employment. A licensed massage therapist licensed under this Act is prohibited from being hired or remaining employed by an individual or entity that violates Section 85 of the Predator Accountability Act.

Section 10. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 is amended by adding Section 3C-7.5 as follows:

(225 ILCS 410/3C-7.5 new)

Sec. 3C-7.5. Prohibition on employment. A licensed nail technician licensed under this Act is prohibited from being hired or remaining employed by an individual or entity that violates Section 85 of the Predator Accountability Act.

Section 15. The Predator Accountability Act is amended by changing Sections 15 and 40 and by adding Section 85 as follows:

(740 ILCS 128/15)

Sec. 15. Cause of action.

(a) Violations of this Act are actionable in civil court.

(b) A victim of the sex trade has a cause of action against a person or entity who:

(1) recruits, profits from, or maintains the victim in any sex trade act;

(2) intentionally abuses, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or causes bodily harm, as defined in Section 11-0.1 of the Criminal Code of 2012, to the victim in any sex trade act; or

(3) knowingly advertises or publishes advertisements for purposes of recruitment into sex trade activity.

(c) This Act Section shall not be construed to create liability to any person or entity who provides goods or services to the general public, who also provides those goods or services to persons who would be liable under subsection (b) of this Section, absent a showing that the person or entity either:

(1) knowingly markets or provides its goods or services primarily to persons or entities liable under subsection (b) of this Section;

(2) knowingly receives a higher level of compensation from persons or entities liable under subsection (b) of this Section than it generally receives from customers; or

(3) supervises or exercises control over persons or entities liable under subsection (b) of this Section.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

(740 ILCS 128/40)

Sec. 40. Double recovery prohibited. Any person who recovers damages under this Act may not recover the same costs or damages under any other Act. A person who recovers damages under any other Act may not recover for the same costs or damages under this Act. This Section does not apply to actions under Section 85.

(Source: P.A. 94-998, eff. 7-3-06.)

(740 ILCS 128/85 new)

Sec. 85. Nail technicians and massage therapists.

(a) The General Assembly finds that human trafficking is a wide-spread problem that takes advantage of vulnerable individuals for commercial sex under the veil of legitimate businesses. Massage parlors and nail salons are often used as a cover for the illegal activity, and victims of the sex trade will also work for these businesses as licensed massage therapists or nail technicians. It is the policy of this State that businesses involved in sex trafficking shall not continue the cycle by employing or hiring licensed massage therapists and nail technicians.

(b) No person or entity shall hire or continue to employ an individual licensed as a massage therapist under the Massage Licensing Act or as a nail technician under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 if:

(1) the person or entity has employed one or more individuals licensed as massage therapists under the Massage Licensing Act or as nail technicians under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 who, during their period of employment by the person or entity, were victims of the sex trade, or who were convicted of or pled guilty or nolo contendere to a sex trade act, or conspiracy or attempt to commit any sex trade act, or a similar crime under the laws of another state; and

(2) where the employing person or entity:

(A) recruits, profits from, or maintains the victim in any sex trade act;

(B) intentionally abuses, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or causes bodily harm, as defined in Section 11-0.1 of the Criminal Code of 2012, to the victim in any sex trade act; or

(C) knowingly advertises or publishes advertisements for purposes of recruitment into sex trade activity.

(c) An entity that violates this Section shall be guilty of a business offense with a fine of $10,000 for a first violation and a fine of $25,000 for a second or subsequent violation. The fines collected under this subsection shall be 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.

(d) In addition to any fine imposed under this Section, a person or entity violating this Section shall be subject to a civil penalty in the amount of the gross revenue received for the services performed for the person or entity by the individual or individuals whose employment is the basis for the violations of this Section, which shall be paid to the individual or individuals.