Full Text of SB3108 100th General Assembly
SB3108eng 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 Code of Civil Procedure is amended by | 5 | | changing Section 13-225 as follows: | 6 | | (735 ILCS 5/13-225)
| 7 | | Sec. 13-225. Trafficking victims protection Predator | 8 | | accountability . | 9 | | (a) In this Section, "involuntary servitude", "labor | 10 | | trafficking", "sex trade" , and "victim of the sex trade" have | 11 | | the meanings ascribed to them in Section 10 of the Trafficking | 12 | | Victims Protection Predator Accountability Act. | 13 | | (b) Subject to both subsections (e) and (f) and | 14 | | notwithstanding any other provision of law, an action under the | 15 | | Trafficking Victims Protection Predator Accountability Act | 16 | | must be commenced within 10 years of the date the limitation | 17 | | period begins to run under subsection (d) or within 10 years of | 18 | | the date the plaintiff discovers or through the use of | 19 | | reasonable diligence should discover both (i) that the sex | 20 | | trade , involuntary servitude, or labor trafficking act | 21 | | occurred, and (ii) that the defendant caused, was responsible | 22 | | for, or profited from the sex trade , involuntary servitude, or | 23 | | labor trafficking act. The fact that the plaintiff discovers or |
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| 1 | | through the use of reasonable diligence should discover that | 2 | | the sex trade , involuntary servitude, or labor trafficking act | 3 | | occurred is not, by itself, sufficient to start the discovery | 4 | | period under this subsection (b). | 5 | | (c) If the injury is caused by 2 or more acts that are part | 6 | | of a continuing series of sex trade , involuntary servitude, or | 7 | | labor trafficking acts by the same defendant, then the | 8 | | discovery period under subsection (b) shall be computed from | 9 | | the date the person abused discovers or through the use of | 10 | | reasonable diligence should discover (i) that the last sex | 11 | | trade , involuntary servitude, or labor trafficking act in the | 12 | | continuing series occurred, and (ii) that the defendant caused, | 13 | | was responsible for, or profited from the series of sex trade , | 14 | | involuntary servitude, or labor trafficking acts. The fact that | 15 | | the plaintiff discovers or through the use of reasonable | 16 | | diligence should discover that the last sex trade , involuntary | 17 | | servitude, or labor trafficking act in the continuing series | 18 | | occurred is not, by itself, sufficient to start the discovery | 19 | | period under subsection (b). | 20 | | (d) The limitation periods in subsection (b) do not begin | 21 | | to run before the plaintiff attains the age of 18 years; and, | 22 | | if at the time the plaintiff attains the age of 18 years he or | 23 | | she is under other legal disability, the limitation periods | 24 | | under subsection (b) do not begin to run until the removal of | 25 | | the disability. | 26 | | (e) The limitation periods in subsection (b) do not run |
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| 1 | | during a time period when the plaintiff is subject to threats, | 2 | | intimidation, manipulation, or fraud perpetrated by the | 3 | | defendant or by any person acting in the interest of the | 4 | | defendant. | 5 | | (f) The limitation periods in subsection (b) do not | 6 | | commence running until the expiration of all limitations | 7 | | periods applicable to the criminal prosecution of the plaintiff | 8 | | for any acts which form the basis of a cause of action under | 9 | | the Trafficking Victims Protection Predator Accountability | 10 | | Act.
| 11 | | (Source: P.A. 94-998, eff. 7-3-06.) | 12 | | Section 10. The Predator Accountability Act is amended by | 13 | | changing 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 | 16 | | Trafficking 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 | 20 | | persons who have been or who are subjected to the sex trade , | 21 | | involuntary servitude, or labor trafficking to seek civil | 22 | | damages and remedies from individuals and entities that | 23 | | recruited, harmed, profited from, or maintained them in the sex |
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| 1 | | trade or involuntary servitude or subjected them to labor | 2 | | trafficking .
| 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 | | "Involuntary servitude" means any act in which a person | 7 | | knowingly subjects, attempts to subject, or engages in a | 8 | | conspiracy to subject another person to labor or services | 9 | | obtained or maintained through any of the following means, or | 10 | | any combination of these means: | 11 | | (1) causes or threatens to cause physical harm to any
| 12 | | person; | 13 | | (2) physically restrains or threatens to physically
| 14 | | restrain another person; | 15 | | (3) abuses or threatens to abuse the law or legal
| 16 | | process; | 17 | | (4) knowingly destroys, conceals, removes,
| 18 | | confiscates, or possesses any actual or purported passport | 19 | | or other immigration document, or any other actual or | 20 | | purported government identification document, of another | 21 | | person; | 22 | | (5) uses intimidation or exerts financial control
over | 23 | | any person; or | 24 | | (6) uses any scheme, plan, or pattern intended to
cause | 25 | | the person to believe that if the person does not perform |
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| 1 | | the labor or services, that person or another person will | 2 | | suffer serious harm or physical restraint. | 3 | | "Labor trafficking" means any act in which a person or | 4 | | entity knowingly (1) recruits, entices, harbors, transports, | 5 | | provides, or obtains by any means, or attempts to recruit, | 6 | | entice, harbor, transport, provide, or obtain by any means, | 7 | | another person, intending or knowing that the person will be | 8 | | subjected to involuntary servitude; or (2) benefits | 9 | | financially or by receiving anything of value from | 10 | | participating in a venture that has engaged in an act of | 11 | | involuntary servitude. | 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 or the Criminal Code of 2012: 11-14.3 | 16 | | (promoting prostitution); 11-14.4 (promoting juvenile | 17 | | prostitution); 11-15 (soliciting for a prostitute); 11-15.1 | 18 | | (soliciting for a juvenile prostitute); 11-16 (pandering); | 19 | | 11-17 (keeping a place of prostitution); 11-17.1 (keeping a | 20 | | place 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 | 23 | | pornography); or 11-20.1B or 11-20.3 (aggravated child | 24 | | pornography); or subsection (c) of Section 10-9 ( trafficking in | 25 | | persons and involuntary sexual servitude of a minor ). | 26 | | "Sex trade" activity may involve adults and youth of all |
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| 1 | | genders and sexual orientations.
| 2 | | "Victim of the sex trade" means, for the following sex | 3 | | trade acts, the person or persons indicated: | 4 | | (1) soliciting for a prostitute: the prostitute who is | 5 | | the object of the solicitation; | 6 | | (2) soliciting for a juvenile prostitute: the juvenile | 7 | | prostitute, or person with a severe or profound | 8 | | intellectual disability, who is the object of the | 9 | | solicitation; | 10 | | (3) promoting prostitution as described in subdivision | 11 | | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012, or pandering: | 13 | | the person intended or compelled to act as a prostitute; | 14 | | (4) keeping a place of prostitution: any person | 15 | | intended or compelled to act as a prostitute, while present | 16 | | at the place, during the time period in question; | 17 | | (5) keeping a place of juvenile prostitution: any | 18 | | juvenile intended or compelled to act as a prostitute, | 19 | | while present at the place, during the time period in | 20 | | question; | 21 | | (6) promoting prostitution as described in subdivision | 22 | | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | 23 | | or the Criminal Code of 2012, or pimping: the prostitute | 24 | | from whom anything of value is received; | 25 | | (7) promoting juvenile prostitution as described in | 26 | | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 2 | | juvenile pimping and aggravated juvenile pimping: the | 3 | | juvenile, or person with a severe or profound intellectual | 4 | | disability, from whom anything of value is received for | 5 | | that person's act of prostitution; | 6 | | (8) promoting juvenile prostitution as described in | 7 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | 8 | | of 1961 or the Criminal Code of 2012, or exploitation of a | 9 | | child: the juvenile, or person with a severe or profound | 10 | | intellectual disability, intended or compelled to act as a | 11 | | prostitute or from whom anything of value is received for | 12 | | that person's act of prostitution; | 13 | | (9) obscenity: any person who appears in or is | 14 | | described or depicted in the offending conduct or material; | 15 | | (10) child pornography or aggravated child | 16 | | pornography: any child, or person with a severe or profound | 17 | | intellectual disability, who appears in or is described or | 18 | | depicted in the offending conduct or material; or | 19 | | (11) trafficking of persons or involuntary sexual | 20 | | servitude of a minor : a "trafficking victim" as defined in | 21 | | subsection (c) of Section 10-9 of the Criminal Code of 1961 | 22 | | or the Criminal Code of 2012.
| 23 | | (Source: P.A. 99-143, eff. 7-27-15.) | 24 | | (740 ILCS 128/15) | 25 | | Sec. 15. Cause of action. |
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| 1 | | (a) A victim of the sex trade, involuntary servitude, or | 2 | | labor trafficking may bring an action in civil court under this | 3 | | Act Violations of this Act are actionable in civil court . | 4 | | (a-1) A legal guardian, agent of the victim, court | 5 | | appointee, or organization that represents the interests of or | 6 | | serves victims may bring a cause of action on behalf of a | 7 | | victim. An action may also be brought by a government entity | 8 | | responsible for enforcing the laws of this State. | 9 | | (b) A victim of the sex trade has a cause of action against | 10 | | a person or entity who:
| 11 | | (1) recruits, profits from, or maintains the victim in | 12 | | any sex trade act; | 13 | | (2) intentionally abuses, as defined in Section 103 of | 14 | | the Illinois Domestic Violence Act of 1986, or causes | 15 | | bodily harm, as defined in Section 11-0.1 of the Criminal | 16 | | Code of 2012, to a victim of the sex trade the victim in | 17 | | any sex trade act ; or
| 18 | | (3) knowingly advertises or publishes advertisements | 19 | | for purposes of recruitment into sex trade activity. | 20 | | (b-1) A victim of involuntary servitude or labor | 21 | | trafficking has a cause of action against any person or entity | 22 | | who knowingly subjects, attempts to subject, or engages in a | 23 | | conspiracy to subject the victim to involuntary servitude or | 24 | | labor trafficking. | 25 | | (c) This Section shall not be construed to create liability | 26 | | to any person or entity who provides goods or services to the |
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| 1 | | general public, who also provides those goods or services to | 2 | | persons who would be liable under subsection (b) of this | 3 | | Section, absent a showing that the person or entity either:
| 4 | | (1) knowingly markets or provides its goods or services | 5 | | primarily to persons or entities liable under subsection | 6 | | (b) of this Section;
| 7 | | (2) knowingly receives a higher level of compensation | 8 | | from persons or entities liable under subsection (b) of | 9 | | this Section than it generally receives from customers; or | 10 | | (3) supervises or exercises control over persons or | 11 | | entities liable under subsection (b) of this Section.
| 12 | | (d) The standard of proof in any action brought under this | 13 | | Section is a preponderance of the evidence. | 14 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | 15 | | (740 ILCS 128/20)
| 16 | | Sec. 20. Relief. A prevailing victim of the sex trade , | 17 | | involuntary servitude, or labor trafficking shall be entitled | 18 | | to all relief that would make him or her whole. This includes, | 19 | | but is not limited to: | 20 | | (1) declaratory relief;
| 21 | | (2) injunctive relief;
| 22 | | (3) recovery of costs and attorney fees including, but | 23 | | not limited to, costs for expert testimony and witness | 24 | | fees; | 25 | | (4) compensatory damages including, but not limited |
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| 1 | | to: | 2 | | (A) economic loss, including damage, destruction, | 3 | | or loss of use of personal property, and loss of past | 4 | | or future earning capacity , and, for a victim of | 5 | | involuntary servitude or labor trafficking, any | 6 | | statutorily required wages under applicable State or | 7 | | federal law ; and | 8 | | (B) damages for death, personal injury, disease, | 9 | | and mental and emotional harm, including medical, | 10 | | rehabilitation, burial expenses, pain and suffering, | 11 | | and physical impairment; | 12 | | (5) punitive damages; and | 13 | | (6) damages in the amount of the gross revenues | 14 | | received by the defendant from, or related to, the sex | 15 | | trade , involuntary servitude, or labor trafficking | 16 | | activities of the plaintiff or the trafficking and | 17 | | involuntary servitude of the plaintiff .
| 18 | | (Source: P.A. 94-998, eff. 7-3-06; 95-331, eff. 8-21-07.) | 19 | | (740 ILCS 128/25)
| 20 | | Sec. 25. Non-defenses. | 21 | | (a) It is not a defense to an action brought under this Act | 22 | | that: | 23 | | (1) the victim of the sex trade , involuntary servitude, | 24 | | or labor trafficking and the defendant had a marital or | 25 | | consenting sexual relationship;
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| 1 | | (2) the defendant is related to the victim of the sex | 2 | | trade , involuntary servitude, or labor trafficking by | 3 | | blood or marriage, or has lived with the defendant in any | 4 | | formal or informal household arrangement;
| 5 | | (3) the victim of the sex trade , involuntary servitude, | 6 | | or labor trafficking was paid or otherwise compensated for | 7 | | sex trade activity , labor, or other services ;
| 8 | | (4) the victim of the sex trade engaged in sex trade | 9 | | activity or had been subjected to involuntary servitude or | 10 | | labor trafficking prior to any involvement with the | 11 | | defendant;
| 12 | | (5) the victim of the sex trade , involuntary servitude, | 13 | | or labor trafficking made no attempt to escape, flee, or | 14 | | otherwise terminate contact with the defendant;
| 15 | | (6) the victim of the sex trade , involuntary servitude, | 16 | | or labor trafficking consented to engage in acts of the sex | 17 | | trade , labor, or other services ;
| 18 | | (7) it was a single incident of activity;
or | 19 | | (8) there was no physical contact involved ; or . | 20 | | (9) a defendant has been acquitted or has not been | 21 | | investigated, arrested, prosecuted, or convicted under the | 22 | | Criminal Code of 2012 or has been convicted of a different | 23 | | offense for the conduct that is alleged to give rise to | 24 | | liability under this Act. | 25 | | (b) Any illegality of the sex trade activity , labor, or | 26 | | services on the part of the victim of the sex trade , |
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| 1 | | involuntary servitude, or labor trafficking shall not be an | 2 | | affirmative defense to any action brought under this Act.
| 3 | | (Source: P.A. 94-998, eff. 7-3-06.) | 4 | | (740 ILCS 128/45)
| 5 | | Sec. 45. No avoidance of liability. No person may avoid | 6 | | liability under this Act by means of any conveyance of any | 7 | | right, title, or interest in real property, or by any | 8 | | indemnification, hold harmless agreement, or similar agreement | 9 | | that purports to show consent of the victim of the sex trade , | 10 | | involuntary servitude, or labor trafficking .
| 11 | | (Source: P.A. 94-998, eff. 7-3-06.)
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