Full Text of SB0580 100th General Assembly
SB0580enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Trafficking Victims Protection Act is | 5 | | amended by changing Section 15 as follows: | 6 | | (740 ILCS 128/15) | 7 | | (Text of Section before amendment by P.A. 100-939 ) | 8 | | Sec. 15. Cause of action. | 9 | | (a) Violations of this Act are actionable in civil court. | 10 | | (b) A victim of the sex trade has a cause of action against | 11 | | a 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 the victim in any sex trade act; or
| 18 | | (3) knowingly advertises or publishes advertisements | 19 | | for purposes of recruitment into sex trade activity. | 20 | | (c) This Section shall not be construed to create liability | 21 | | to any person or entity who provides goods or services to the | 22 | | general public, who also provides those goods or services to | 23 | | persons who would be liable under subsection (b) of this |
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| 1 | | Section, absent a showing that the person or entity either:
| 2 | | (1) knowingly markets or provides its goods or services | 3 | | primarily to persons or entities liable under subsection | 4 | | (b) of this Section;
| 5 | | (2) knowingly receives a higher level of compensation | 6 | | from persons or entities liable under subsection (b) of | 7 | | this Section than it generally receives from customers; or | 8 | | (3) supervises or exercises control over persons or | 9 | | entities liable under subsection (b) of this Section.
| 10 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | 11 | | (Text of Section after amendment by P.A. 100-939 ) | 12 | | Sec. 15. Cause of action. | 13 | | (a) A victim of the sex trade, involuntary servitude, or | 14 | | human trafficking may bring an action in civil court under this | 15 | | Act. | 16 | | (a-1) A legal guardian, agent of the victim, court | 17 | | appointee, or , with the express written consent of the victim, | 18 | | organization that represents the interests of or serves victims | 19 | | may bring a cause of action on behalf of a victim. An action | 20 | | may also be brought by a government entity responsible for | 21 | | enforcing the laws of this State. | 22 | | (b) A victim of the sex trade has a cause of action against | 23 | | a person or entity who:
| 24 | | (1) recruits, profits from, or maintains the victim in | 25 | | any sex trade act; |
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| 1 | | (2) intentionally abuses, as defined in Section 103 of | 2 | | the Illinois Domestic Violence Act of 1986, or causes | 3 | | bodily harm, as defined in Section 11-0.1 of the Criminal | 4 | | Code of 2012, to a victim of the sex trade; or
| 5 | | (3) knowingly advertises or publishes advertisements | 6 | | for purposes of recruitment into sex trade activity. | 7 | | (b-1) A victim of involuntary servitude or human | 8 | | trafficking has a cause of action against any person or entity | 9 | | who knowingly subjects, attempts to subject, or engages in a | 10 | | conspiracy to subject the victim to involuntary servitude or | 11 | | human trafficking. | 12 | | (c) This Section shall not be construed to create liability | 13 | | to any person or entity who provides goods or services to the | 14 | | general public, who also provides those goods or services to | 15 | | persons who would be liable under subsection (b) of this | 16 | | Section, absent a showing that the person or entity either:
| 17 | | (1) knowingly markets or provides its goods or services | 18 | | primarily to persons or entities liable under subsection | 19 | | (b) of this Section;
| 20 | | (2) knowingly receives a higher level of compensation | 21 | | from persons or entities liable under subsection (b) of | 22 | | this Section than it generally receives from customers; or | 23 | | (3) supervises or exercises control over persons or | 24 | | entities liable under subsection (b) of this Section.
| 25 | | (d) The standard of proof in any action brought under this | 26 | | Section is a preponderance of the evidence. |
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| 1 | | (Source: P.A. 100-939, eff. 1-1-19.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act. | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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