Full Text of HB1299 94th General Assembly
HB1299sam004 94TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 3/21/2006
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| AMENDMENT TO HOUSE BILL 1299
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| AMENDMENT NO. ______. Amend House Bill 1299 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Predator Accountability Act. | 6 |
| Section 5. Purpose. The purpose of this Act is to allow | 7 |
| persons who have been or who are subjected to the sex trade to | 8 |
| seek civil damages and remedies from individuals and entities | 9 |
| that recruited, harmed, profited from, or maintained them in | 10 |
| the sex trade.
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| Section 10. Definitions. As used in this Act: | 12 |
| "Sex trade" means any act, which if proven beyond a | 13 |
| reasonable doubt could support a conviction for a violation or | 14 |
| attempted violation of any of the following Sections of the | 15 |
| Criminal Code of 1961: 11-15 (soliciting for a prostitute); | 16 |
| 11-15.1 (soliciting for a juvenile prostitute); 11-16 | 17 |
| (pandering); 11-17 (keeping a place of prostitution); 11-17.1 | 18 |
| (keeping a place of juvenile prostitution); 11-19 (pimping); | 19 |
| 11-19.1 (juvenile pimping and aggravated juvenile pimping); | 20 |
| 11-19.2 (exploitation of a child); 11-20 (obscenity); or | 21 |
| 11-20.1 (child pornography); or Article 10A of the Criminal | 22 |
| Code of 1961 (trafficking of persons and involuntary | 23 |
| servitude). |
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| "Sex trade" activity may involve adults and youth of all | 2 |
| genders and sexual orientations.
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| "Victim of the sex trade" means, for the following sex | 4 |
| trade 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 severely or profoundly mentally retarded | 9 |
| person, who is the object of the solicitation; | 10 |
| (3) pandering: the person intended or compelled to act | 11 |
| as a prostitute; | 12 |
| (4) keeping a place of prostitution: any person | 13 |
| intended or compelled to act as a prostitute, while present | 14 |
| at the place, during the time period in question; | 15 |
| (5) keeping a place of juvenile prostitution: any | 16 |
| juvenile intended or compelled to act as a prostitute, | 17 |
| while present at the place, during the time period in | 18 |
| question; | 19 |
| (6) pimping: the prostitute from whom anything of value | 20 |
| is received; | 21 |
| (7) juvenile pimping and aggravated juvenile pimping: | 22 |
| the juvenile, or severely or profoundly mentally retarded | 23 |
| person, from whom anything of value is received for that | 24 |
| person's act of prostitution; | 25 |
| (8) exploitation of a child: the juvenile, or severely | 26 |
| or profoundly mentally retarded person, intended or | 27 |
| compelled to act as a prostitute or from whom anything of | 28 |
| value is received for that person's of prostitution; | 29 |
| (9) obscenity: any person who appears in or is | 30 |
| described or depicted in the offending conduct or material; | 31 |
| (10) child pornography: any child, or severely or | 32 |
| profoundly mentally retarded person, who appears in or is | 33 |
| described or depicted in the offending conduct or material; | 34 |
| or |
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| (11) trafficking of persons or involuntary servitude: | 2 |
| a "trafficking victim" as defined in Section 10A-5 of the | 3 |
| Criminal Code of 1961. | 4 |
| Section 15. Cause of action. | 5 |
| (a) Violations of this Act are actionable in civil court. | 6 |
| (b) A victim of the sex trade has a cause of action against | 7 |
| a person or entity who: | 8 |
| (1) recruits, harms or profits from, or maintains the | 9 |
| victim in any sex trade act; or | 10 |
| (2) knowingly advertises or publishes advertisements | 11 |
| for purposes of recruitment into sex trade activity. | 12 |
| Section 20. Relief. | 13 |
| (a) A prevailing victim of the sex trade shall be entitled | 14 |
| to all relief that would make him or her whole. This includes, | 15 |
| but is not limited to: | 16 |
| (1) declaratory relief;
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| (2) injunctive relief;
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| (3) recovery of costs and attorney fees including, but | 19 |
| not limited to, costs for expert testimony and witness | 20 |
| fees; | 21 |
| (4) compensatory damages including, but not limited | 22 |
| to: | 23 |
| (A) economic loss, including damage, destruction, | 24 |
| or loss of use of personal property, and loss of past | 25 |
| or future earning capacity; and | 26 |
| (B) damages for death, personal injury, disease, | 27 |
| and mental and emotional harm, including medical, | 28 |
| rehabilitation, burial expenses, pain and suffering, | 29 |
| and physical impairment; | 30 |
| (5) punitive damages; and | 31 |
| (6) damages in the amount of the gross revenues | 32 |
| received by the defendant from, or related to, the sex |
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| trade activities of the plaintiff. | 2 |
| Section 25. Non-defenses. | 3 |
| (a) It is not a defense to an action brought under this Act | 4 |
| that: | 5 |
| (1) the victim of the sex trade and the defendant had a | 6 |
| marital or consenting sexual relationship;
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| (2) the defendant is related to the victim of the sex | 8 |
| trade by blood or marriage, or has lived with the defendant | 9 |
| in any formal or informal household arrangement;
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| (3) the victim of the sex trade was paid or otherwise | 11 |
| compensated for sex trade activity;
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| (4) the victim of the sex trade engaged in sex trade | 13 |
| activity prior to any involvement with the defendant;
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| (5) the victim of the sex trade made no attempt to | 15 |
| escape, flee, or otherwise terminate contact with the | 16 |
| defendant;
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| (6) the victim of the sex trade consented to engage in | 18 |
| acts of the sex trade;
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| (7) it was a single incident of activity;
or | 20 |
| (8) there was no physical contact involved. | 21 |
| (b) Any illegality of the sex trade activity on the part of | 22 |
| the victim of the sex trade shall not be an affirmative defense | 23 |
| to any action brought under this Act. | 24 |
| Section 30. Evidence. Related to a cause of action under | 25 |
| this Act, the fact that a plaintiff or other witness has | 26 |
| testified under oath or given evidence relating to an act that | 27 |
| may be a violation of any provision of the Criminal Code of | 28 |
| 1961 shall not be construed to require the State's Attorney to | 29 |
| criminally charge any person for such violation. | 30 |
| Section 35. Remedies preserved. This Act does not affect | 31 |
| the right of any person to bring an action or use any remedy |
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| available under other law, including common law, to recover | 2 |
| damages arising out of the use of the victim of the sex trade | 3 |
| in the sex trade nor does this Act limit or restrict the | 4 |
| liability of any person under other law. This Act does not | 5 |
| reflect a determination of a policy regarding the applicability | 6 |
| of strict liability to activities relating to the sex trade. | 7 |
| Section 40. Double recovery prohibited. Any person who | 8 |
| recovers damages under this Act may not recover the same costs | 9 |
| or damages under any other Act. A person who recovers damages | 10 |
| under any other Act may not recover for the same costs or | 11 |
| damages under this Act.
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| Section 45. No avoidance of liability. No person may avoid | 13 |
| liability under this Act by means of any conveyance of any | 14 |
| right, title, or interest in real property, or by any | 15 |
| indemnification, hold harmless agreement, or similar agreement | 16 |
| that purports to show consent of the victim of the sex trade. | 17 |
| Section 55. Severability. If any provision of this Act or | 18 |
| its application to any person or circumstance is held invalid, | 19 |
| the invalidity of that provision or its application does not | 20 |
| affect other provisions or application of this Act that can be | 21 |
| given effect without the invalid provision or application. | 22 |
| Section 80. The Code of Civil Procedure is amended by | 23 |
| adding Section 13-225 as follows: | 24 |
| (735 ILCS 5/13-225 new)
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| Sec. 13-225. Predator accountability. | 26 |
| (a) In this Section, "sex trade" and "victim of the sex | 27 |
| trade" have the meanings ascribed to them in Section 10 of the | 28 |
| Predator Accountability Act. | 29 |
| (b) Subject to both subsections (e) and (f) and |
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| notwithstanding any other provision of law, an action under the | 2 |
| Predator Accountability Act must be commenced within 10 years | 3 |
| of the date the limitation period begins to run under | 4 |
| subsection (d) or within 10 years of the date the plaintiff | 5 |
| discovers or through the use of reasonable diligence should | 6 |
| discover both (i) that the sex trade act occurred, and (ii) | 7 |
| that the defendant caused, was responsible for, or profited | 8 |
| from the sex trade act. The fact that the plaintiff discovers | 9 |
| or through the use of reasonable diligence should discover that | 10 |
| the sex trade act occurred is not, by itself, sufficient to | 11 |
| start the discovery period under this subsection (b). | 12 |
| (c) If the injury is caused by 2 or more acts that are part | 13 |
| of a continuing series of sex trade acts by the same defendant, | 14 |
| then the discovery period under subsection (b) shall be | 15 |
| computed from the date the person abused discovers or through | 16 |
| the use of reasonable diligence should discover (i) that the | 17 |
| last sex trade act in the continuing series occurred, and (ii) | 18 |
| that the defendant caused, was responsible for, or profited | 19 |
| from the series of sex trade acts. The fact that the plaintiff | 20 |
| discovers or through the use of reasonable diligence should | 21 |
| discover that the last sex trade act in the continuing series | 22 |
| occurred is not, by itself, sufficient to start the discovery | 23 |
| period under subsection (b). | 24 |
| (d) The limitation periods in subsection (b) do not begin | 25 |
| to run before the plaintiff attains the age of 18 years; and, | 26 |
| if at the time the plaintiff attains the age of 18 years he or | 27 |
| she is under other legal disability, the limitation periods | 28 |
| under subsection (b) do not begin to run until the removal of | 29 |
| the disability. | 30 |
| (e) The limitation periods in subsection (b) do not run | 31 |
| during a time period when the plaintiff is subject to threats, | 32 |
| intimidation, manipulation, or fraud perpetrated by the | 33 |
| defendant or by any person acting in the interest of the | 34 |
| defendant. |
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| (f) The limitation periods in subsection (b) do not | 2 |
| commence running until the expiration of all limitations | 3 |
| periods applicable to the criminal prosecution of the plaintiff | 4 |
| for any acts which form the basis of a cause of action under | 5 |
| the Predator Accountability Act.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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