Illinois General Assembly - Full Text of SB3108
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Full Text of SB3108  100th General Assembly

SB3108enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3108 EnrolledLRB100 19512 HEP 34779 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17period begins to run under subsection (d) or within 10 years of
18the date the plaintiff discovers or through the use of
19reasonable diligence should discover both (i) that the sex
20trade, involuntary servitude, or human trafficking act
21occurred, and (ii) that the defendant caused, was responsible
22for, or profited from the sex trade, involuntary servitude, or
23human trafficking act. The fact that the plaintiff discovers or

 

 

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

 

 

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1during a time period when the plaintiff is subject to threats,
2intimidation, manipulation, or fraud perpetrated by the
3defendant or by any person acting in the interest of the
4defendant.
5    (f) The limitation periods in subsection (b) do not
6commence running until the expiration of all limitations
7periods applicable to the criminal prosecution of the plaintiff
8for any acts which form the basis of a cause of action under
9the Trafficking Victims Protection Predator Accountability
10Act.
11(Source: P.A. 94-998, eff. 7-3-06.)
 
12    Section 10. The Predator Accountability Act is amended by
13changing Sections 1, 5, 10, 15, 20, 25, and 45 as follows:
 
14    (740 ILCS 128/1)
15    Sec. 1. Short title. This Act may be cited as the
16Trafficking Victims Protection Predator Accountability Act.
17(Source: P.A. 94-998, eff. 7-3-06.)
 
18    (740 ILCS 128/5)
19    Sec. 5. Purpose. The purpose of this Act is to allow
20persons who have been or who are subjected to the sex trade,
21involuntary servitude, or human trafficking to seek civil
22damages and remedies from individuals and entities that
23recruited, harmed, profited from, or maintained them in the sex

 

 

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1trade or involuntary servitude or subjected them to human
2trafficking.
3(Source: P.A. 94-998, eff. 7-3-06.)
 
4    (740 ILCS 128/10)
5    Sec. 10. Definitions. As used in this Act:
6    "Human trafficking" means a violation or attempted
7violation of subsection (d) of Section 10-9 of the Criminal
8Code of 2012.
9    "Involuntary servitude" means a violation or attempted
10violation of subsection (b) of Section 10-9 of the Criminal
11Code of 2012.
12    "Sex trade" means any act, which if proven beyond a
13reasonable doubt could support a conviction for a violation or
14attempted violation of any of the following Sections of the
15Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3
16(promoting prostitution); 11-14.4 (promoting juvenile
17prostitution); 11-15 (soliciting for a prostitute); 11-15.1
18(soliciting for a juvenile prostitute); 11-16 (pandering);
1911-17 (keeping a place of prostitution); 11-17.1 (keeping a
20place of juvenile prostitution); 11-19 (pimping); 11-19.1
21(juvenile pimping and aggravated juvenile pimping); 11-19.2
22(exploitation of a child); 11-20 (obscenity); 11-20.1 (child
23pornography); or 11-20.1B or 11-20.3 (aggravated child
24pornography); or subsection (c) of Section 10-9 (trafficking in
25persons and involuntary sexual servitude of a minor).

 

 

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

 

 

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1    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
2    Criminal Code of 1961 or the Criminal Code of 2012, or
3    juvenile pimping and aggravated juvenile pimping: the
4    juvenile, or person with a severe or profound intellectual
5    disability, from whom anything of value is received for
6    that person's act of prostitution;
7        (8) promoting juvenile prostitution as described in
8    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, or exploitation of a
10    child: the juvenile, or person with a severe or profound
11    intellectual disability, intended or compelled to act as a
12    prostitute or from whom anything of value is received for
13    that person's act of prostitution;
14        (9) obscenity: any person who appears in or is
15    described or depicted in the offending conduct or material;
16        (10) child pornography or aggravated child
17    pornography: any child, or person with a severe or profound
18    intellectual disability, who appears in or is described or
19    depicted in the offending conduct or material; or
20        (11) trafficking of persons or involuntary sexual
21    servitude of a minor : a "trafficking victim" as defined in
22    subsection (c) of Section 10-9 of the Criminal Code of 1961
23    or the Criminal Code of 2012.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    (740 ILCS 128/15)

 

 

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1    Sec. 15. Cause of action.
2    (a) A victim of the sex trade, involuntary servitude, or
3human trafficking may bring an action in civil court under this
4Act Violations of this Act are actionable in civil court.
5    (a-1) A legal guardian, agent of the victim, court
6appointee, or organization that represents the interests of or
7serves victims may bring a cause of action on behalf of a
8victim. An action may also be brought by a government entity
9responsible for enforcing the laws of this State.
10    (b) A victim of the sex trade has a cause of action against
11a person or entity who:
12        (1) recruits, profits from, or maintains the victim in
13    any sex trade act;
14        (2) intentionally abuses, as defined in Section 103 of
15    the Illinois Domestic Violence Act of 1986, or causes
16    bodily harm, as defined in Section 11-0.1 of the Criminal
17    Code of 2012, to a victim of the sex trade the victim in
18    any sex trade act; or
19        (3) knowingly advertises or publishes advertisements
20    for purposes of recruitment into sex trade activity.
21    (b-1) A victim of involuntary servitude or human
22trafficking has a cause of action against any person or entity
23who knowingly subjects, attempts to subject, or engages in a
24conspiracy to subject the victim to involuntary servitude or
25human trafficking.
26    (c) This Section shall not be construed to create liability

 

 

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1to any person or entity who provides goods or services to the
2general public, who also provides those goods or services to
3persons who would be liable under subsection (b) of this
4Section, absent a showing that the person or entity either:
5        (1) knowingly markets or provides its goods or services
6    primarily to persons or entities liable under subsection
7    (b) of this Section;
8        (2) knowingly receives a higher level of compensation
9    from persons or entities liable under subsection (b) of
10    this Section than it generally receives from customers; or
11        (3) supervises or exercises control over persons or
12    entities liable under subsection (b) of this Section.
13    (d) The standard of proof in any action brought under this
14Section is a preponderance of the evidence.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
16    (740 ILCS 128/20)
17    Sec. 20. Relief. A prevailing victim of the sex trade,
18involuntary servitude, or human trafficking shall be entitled
19to all relief that would make him or her whole. This includes,
20but is not limited to:
21        (1) declaratory relief;
22        (2) injunctive relief;
23        (3) recovery of costs and attorney fees including, but
24    not limited to, costs for expert testimony and witness
25    fees;

 

 

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1        (4) compensatory damages including, but not limited
2    to:
3            (A) economic loss, including damage, destruction,
4        or loss of use of personal property, and loss of past
5        or future earning capacity, and, for a victim of
6        involuntary servitude or human trafficking, any
7        statutorily required wages under applicable State or
8        federal law; and
9            (B) damages for death, personal injury, disease,
10        and mental and emotional harm, including medical,
11        rehabilitation, burial expenses, pain and suffering,
12        and physical impairment;
13        (5) punitive damages; and
14        (6) damages in the amount of the gross revenues
15    received by the defendant from, or related to, the sex
16    trade, involuntary servitude, or human trafficking
17    activities of the plaintiff or the trafficking and
18    involuntary servitude of the plaintiff.
19(Source: P.A. 94-998, eff. 7-3-06; 95-331, eff. 8-21-07.)
 
20    (740 ILCS 128/25)
21    Sec. 25. Non-defenses.
22    (a) It is not a defense to an action brought under this Act
23that:
24        (1) the victim of the sex trade, involuntary servitude,
25    or human trafficking and the defendant had a marital or

 

 

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1    consenting sexual relationship;
2        (2) the defendant is related to the victim of the sex
3    trade, involuntary servitude, or human trafficking by
4    blood or marriage, or has lived with the defendant in any
5    formal or informal household arrangement;
6        (3) the victim of the sex trade, involuntary servitude,
7    or human trafficking was paid or otherwise compensated for
8    sex trade activity, human, or other services;
9        (4) the victim of the sex trade engaged in sex trade
10    activity or had been subjected to involuntary servitude or
11    human trafficking prior to any involvement with the
12    defendant;
13        (5) the victim of the sex trade, involuntary servitude,
14    or human trafficking made no attempt to escape, flee, or
15    otherwise terminate contact with the defendant;
16        (6) the victim of the sex trade, involuntary servitude,
17    or human trafficking consented to engage in acts of the sex
18    trade, human, or other services;
19        (7) it was a single incident of activity; or
20        (8) there was no physical contact involved; or .
21        (9) a defendant has been acquitted or has not been
22    investigated, arrested, prosecuted, or convicted under the
23    Criminal Code of 2012 or has been convicted of a different
24    offense for the conduct that is alleged to give rise to
25    liability under this Act.
26    (b) Any illegality of the sex trade activity, human, or

 

 

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1services on the part of the victim of the sex trade,
2involuntary servitude, or human trafficking shall not be an
3affirmative defense to any action brought under this Act.
4(Source: P.A. 94-998, eff. 7-3-06.)
 
5    (740 ILCS 128/45)
6    Sec. 45. No avoidance of liability. No person may avoid
7liability under this Act by means of any conveyance of any
8right, title, or interest in real property, or by any
9indemnification, hold harmless agreement, or similar agreement
10that purports to show consent of the victim of the sex trade,
11involuntary servitude, or human trafficking.
12(Source: P.A. 94-998, eff. 7-3-06.)