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Full Text of SB1890  101st General Assembly

SB1890ham001 101ST GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 5/16/2019

 

 


 

 


 
10100SB1890ham001LRB101 07959 RLC 60715 a

1
AMENDMENT TO SENATE BILL 1890

2    AMENDMENT NO. ______. Amend Senate Bill 1890 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Police Training Act is amended by
5adding Section 10.23 as follows:
 
6    (50 ILCS 705/10.23 new)
7    Sec. 10.23. Training; human trafficking.
8    (a) In this Section:
9    "Human trafficking" includes "involuntary servitude" under
10subsection (b) of Section 10-9 of the Criminal Code of 2012,
11"involuntary sexual servitude of a minor" under subsection (c)
12of Section 10-9 of the Criminal Code of 2012, and "trafficking
13in persons" under subsection (d) of Section 10-9 of the
14Criminal Code of 2012.
15    "Police officer" includes full-time or part-time
16probationary police officers, permanent or part-time police

 

 

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1officers, law enforcement officers, recruits, permanent or
2probationary county corrections officers, permanent or
3probationary county security officers, and court security
4officers. "Police officer" does not include auxiliary police
5officers as defined in Section 3.1-30-20 of the Illinois
6Municipal Code.
7    (b) The Board shall conduct or approve an in-service
8training program for police officers in the detection and
9investigation of all forms of human trafficking.
 
10    Section 10. The Criminal Code of 2012 is amended by
11changing Sections 3-6 and 10-9 as follows:
 
12    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
13    Sec. 3-6. Extended limitations. The period within which a
14prosecution must be commenced under the provisions of Section
153-5 or other applicable statute is extended under the following
16conditions:
17    (a) A prosecution for theft involving a breach of a
18fiduciary obligation to the aggrieved person may be commenced
19as follows:
20        (1) If the aggrieved person is a minor or a person
21    under legal disability, then during the minority or legal
22    disability or within one year after the termination
23    thereof.
24        (2) In any other instance, within one year after the

 

 

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1    discovery of the offense by an aggrieved person, or by a
2    person who has legal capacity to represent an aggrieved
3    person or has a legal duty to report the offense, and is
4    not himself or herself a party to the offense; or in the
5    absence of such discovery, within one year after the proper
6    prosecuting officer becomes aware of the offense. However,
7    in no such case is the period of limitation so extended
8    more than 3 years beyond the expiration of the period
9    otherwise applicable.
10    (b) A prosecution for any offense based upon misconduct in
11office by a public officer or employee may be commenced within
12one year after discovery of the offense by a person having a
13legal duty to report such offense, or in the absence of such
14discovery, within one year after the proper prosecuting officer
15becomes aware of the offense. However, in no such case is the
16period of limitation so extended more than 3 years beyond the
17expiration of the period otherwise applicable.
18    (b-5) When the victim is under 18 years of age at the time
19of the offense, a prosecution for involuntary servitude,
20involuntary sexual servitude of a minor, or trafficking in
21persons and related offenses under Section 10-9 of this Code
22may be commenced within 25 years of the victim attaining the
23age of 18 years.
24    (b-6) When the victim is 18 years of age or over at the
25time of the offense, a prosecution for involuntary servitude,
26involuntary sexual servitude of a minor, or trafficking in

 

 

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1persons and related offenses under Section 10-9 of this Code
2may be commenced within 25 years after the commission of the
3offense.
4    (c) (Blank).
5    (d) A prosecution for child pornography, aggravated child
6pornography, indecent solicitation of a child, soliciting for a
7juvenile prostitute, juvenile pimping, exploitation of a
8child, or promoting juvenile prostitution except for keeping a
9place of juvenile prostitution may be commenced within one year
10of the victim attaining the age of 18 years. However, in no
11such case shall the time period for prosecution expire sooner
12than 3 years after the commission of the offense.
13    (e) Except as otherwise provided in subdivision (j), a
14prosecution for any offense involving sexual conduct or sexual
15penetration, as defined in Section 11-0.1 of this Code, where
16the defendant was within a professional or fiduciary
17relationship or a purported professional or fiduciary
18relationship with the victim at the time of the commission of
19the offense may be commenced within one year after the
20discovery of the offense by the victim.
21    (f) A prosecution for any offense set forth in Section 44
22of the Environmental Protection Act may be commenced within 5
23years after the discovery of such an offense by a person or
24agency having the legal duty to report the offense or in the
25absence of such discovery, within 5 years after the proper
26prosecuting officer becomes aware of the offense.

 

 

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1    (f-5) A prosecution for any offense set forth in Section
216-30 of this Code may be commenced within 5 years after the
3discovery of the offense by the victim of that offense.
4    (g) (Blank).
5    (h) (Blank).
6    (i) Except as otherwise provided in subdivision (j), a
7prosecution for criminal sexual assault, aggravated criminal
8sexual assault, or aggravated criminal sexual abuse may be
9commenced within 10 years of the commission of the offense if
10the victim reported the offense to law enforcement authorities
11within 3 years after the commission of the offense. If the
12victim consented to the collection of evidence using an
13Illinois State Police Sexual Assault Evidence Collection Kit
14under the Sexual Assault Survivors Emergency Treatment Act, it
15shall constitute reporting for purposes of this Section.
16    Nothing in this subdivision (i) shall be construed to
17shorten a period within which a prosecution must be commenced
18under any other provision of this Section.
19    (i-5) A prosecution for armed robbery, home invasion,
20kidnapping, or aggravated kidnaping may be commenced within 10
21years of the commission of the offense if it arises out of the
22same course of conduct and meets the criteria under one of the
23offenses in subsection (i) of this Section.
24    (j) (1) When the victim is under 18 years of age at the
25time of the offense, a prosecution for criminal sexual assault,
26aggravated criminal sexual assault, predatory criminal sexual

 

 

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1assault of a child, aggravated criminal sexual abuse, or felony
2criminal sexual abuse may be commenced at any time.
3    (2) When the victim is under 18 years of age at the time of
4the offense, a prosecution for failure of a person who is
5required to report an alleged or suspected commission of
6criminal sexual assault, aggravated criminal sexual assault,
7predatory criminal sexual assault of a child, aggravated
8criminal sexual abuse, or felony criminal sexual abuse under
9the Abused and Neglected Child Reporting Act may be commenced
10within 20 years after the child victim attains 18 years of age.
11    (3) When the victim is under 18 years of age at the time of
12the offense, a prosecution for misdemeanor criminal sexual
13abuse may be commenced within 10 years after the child victim
14attains 18 years of age.
15    (4) Nothing in this subdivision (j) shall be construed to
16shorten a period within which a prosecution must be commenced
17under any other provision of this Section.
18    (j-5) A prosecution for armed robbery, home invasion,
19kidnapping, or aggravated kidnaping may be commenced at any
20time if it arises out of the same course of conduct and meets
21the criteria under one of the offenses in subsection (j) of
22this Section.
23    (k) (Blank).
24    (l) A prosecution for any offense set forth in Section 26-4
25of this Code may be commenced within one year after the
26discovery of the offense by the victim of that offense.

 

 

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1    (l-5) A prosecution for any offense involving sexual
2conduct or sexual penetration, as defined in Section 11-0.1 of
3this Code, in which the victim was 18 years of age or older at
4the time of the offense, may be commenced within one year after
5the discovery of the offense by the victim when corroborating
6physical evidence is available. The charging document shall
7state that the statute of limitations is extended under this
8subsection (l-5) and shall state the circumstances justifying
9the extension. Nothing in this subsection (l-5) shall be
10construed to shorten a period within which a prosecution must
11be commenced under any other provision of this Section or
12Section 3-5 of this Code.
13    (m) The prosecution shall not be required to prove at trial
14facts which extend the general limitations in Section 3-5 of
15this Code when the facts supporting extension of the period of
16general limitations are properly pled in the charging document.
17Any challenge relating to the extension of the general
18limitations period as defined in this Section shall be
19exclusively conducted under Section 114-1 of the Code of
20Criminal Procedure of 1963.
21    (n) A prosecution for any offense set forth in subsection
22(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
23Illinois Public Aid Code, in which the total amount of money
24involved is $5,000 or more, including the monetary value of
25food stamps and the value of commodities under Section 16-1 of
26this Code may be commenced within 5 years of the last act

 

 

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1committed in furtherance of the offense.
2(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
3100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
41-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
5eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
 
6    (720 ILCS 5/10-9)
7    Sec. 10-9. Trafficking in persons, involuntary servitude,
8and related offenses.
9    (a) Definitions. In this Section:
10        (1) "Intimidation" has the meaning prescribed in
11    Section 12-6.
12        (2) "Commercial sexual activity" means any sex act on
13    account of which anything of value is given, promised to,
14    or received by any person.
15        (2.5) "Company" means any sole proprietorship,
16    organization, association, corporation, partnership, joint
17    venture, limited partnership, limited liability
18    partnership, limited liability limited partnership,
19    limited liability company, or other entity or business
20    association, including all wholly-owned subsidiaries,
21    majority-owned subsidiaries, parent companies, or
22    affiliates of those entities or business associations,
23    that exist for the purpose of making profit.
24        (3) "Financial harm" includes intimidation that brings
25    about financial loss, criminal usury, or employment

 

 

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1    contracts that violate the Frauds Act.
2        (4) (Blank).
3        (5) "Labor" means work of economic or financial value.
4        (6) "Maintain" means, in relation to labor or services,
5    to secure continued performance thereof, regardless of any
6    initial agreement on the part of the victim to perform that
7    type of service.
8        (7) "Obtain" means, in relation to labor or services,
9    to secure performance thereof.
10        (7.5) "Serious harm" means any harm, whether physical
11    or nonphysical, including psychological, financial, or
12    reputational harm, that is sufficiently serious, under all
13    the surrounding circumstances, to compel a reasonable
14    person of the same background and in the same circumstances
15    to perform or to continue performing labor or services in
16    order to avoid incurring that harm.
17        (8) "Services" means activities resulting from a
18    relationship between a person and the actor in which the
19    person performs activities under the supervision of or for
20    the benefit of the actor. Commercial sexual activity and
21    sexually-explicit performances are forms of activities
22    that are "services" under this Section. Nothing in this
23    definition may be construed to legitimize or legalize
24    prostitution.
25        (9) "Sexually-explicit performance" means a live,
26    recorded, broadcast (including over the Internet), or

 

 

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1    public act or show intended to arouse or satisfy the sexual
2    desires or appeal to the prurient interests of patrons.
3        (10) "Trafficking victim" means a person subjected to
4    the practices set forth in subsection (b), (c), or (d).
5    (b) Involuntary servitude. A person commits involuntary
6servitude when he or she knowingly subjects, attempts to
7subject, or engages in a conspiracy to subject another person
8to labor or services obtained or maintained through any of the
9following means, or any combination of these means:
10        (1) causes or threatens to cause physical harm to any
11    person;
12        (2) physically restrains or threatens to physically
13    restrain another person;
14        (3) abuses or threatens to abuse the law or legal
15    process;
16        (4) knowingly destroys, conceals, removes,
17    confiscates, or possesses any actual or purported passport
18    or other immigration document, or any other actual or
19    purported government identification document, of another
20    person;
21        (5) uses intimidation, or exerts financial control
22    over any person; or
23        (6) uses any scheme, plan, or pattern intended to cause
24    the person to believe that, if the person did not perform
25    the labor or services, that person or another person would
26    suffer serious harm or physical restraint.

 

 

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1    Sentence. Except as otherwise provided in subsection (e) or
2(f), a violation of subsection (b)(1) is a Class X felony,
3(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
4is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
5    (c) Involuntary sexual servitude of a minor. A person
6commits involuntary sexual servitude of a minor when he or she
7knowingly recruits, entices, harbors, transports, provides, or
8obtains by any means, or attempts to recruit, entice, harbor,
9provide, or obtain by any means, another person under 18 years
10of age, knowing that the minor will engage in commercial sexual
11activity, a sexually-explicit performance, or the production
12of pornography, or causes or attempts to cause a minor to
13engage in one or more of those activities and:
14        (1) there is no overt force or threat and the minor is
15    between the ages of 17 and 18 years;
16        (2) there is no overt force or threat and the minor is
17    under the age of 17 years; or
18        (3) there is overt force or threat.
19    Sentence. Except as otherwise provided in subsection (e) or
20(f), a violation of subsection (c)(1) is a Class 1 felony,
21(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
22    (d) Trafficking in persons. A person commits trafficking in
23persons when he or she knowingly: (1) recruits, entices,
24harbors, transports, provides, or obtains by any means, or
25attempts to recruit, entice, harbor, transport, provide, or
26obtain by any means, another person, intending or knowing that

 

 

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1the person will be subjected to involuntary servitude; or (2)
2benefits, financially or by receiving anything of value, from
3participation in a venture that has engaged in an act of
4involuntary servitude or involuntary sexual servitude of a
5minor. A company commits trafficking in persons when the
6company benefits, financially or by receiving anything of
7value, from participation in a venture that has engaged in an
8act of involuntary servitude or involuntary sexual servitude of
9a minor.
10    Sentence. Except as otherwise provided in subsection (e) or
11(f), a violation of this subsection by a person is a Class 1
12felony. A violation of this subsection by a company is a
13business offense for which a fine of up to $100,000 may be
14imposed.
15    (e) Aggravating factors. A violation of this Section
16involving kidnapping or an attempt to kidnap, aggravated
17criminal sexual assault or an attempt to commit aggravated
18criminal sexual assault, or an attempt to commit first degree
19murder is a Class X felony.
20    (f) Sentencing considerations.
21        (1) Bodily injury. If, pursuant to a violation of this
22    Section, a victim suffered bodily injury, the defendant may
23    be sentenced to an extended-term sentence under Section
24    5-8-2 of the Unified Code of Corrections. The sentencing
25    court must take into account the time in which the victim
26    was held in servitude, with increased penalties for cases

 

 

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1    in which the victim was held for between 180 days and one
2    year, and increased penalties for cases in which the victim
3    was held for more than one year.
4        (2) Number of victims. In determining sentences within
5    statutory maximums, the sentencing court should take into
6    account the number of victims, and may provide for
7    substantially increased sentences in cases involving more
8    than 10 victims.
9    (g) Restitution. Restitution is mandatory under this
10Section. In addition to any other amount of loss identified,
11the court shall order restitution including the greater of (1)
12the gross income or value to the defendant of the victim's
13labor or services or (2) the value of the victim's labor as
14guaranteed under the Minimum Wage Law and overtime provisions
15of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
16whichever is greater.
17    (g-5) Fine distribution. If the court imposes a fine under
18subsection (b), (c), or (d) of this Section, it shall be
19collected and distributed to the Specialized Services for
20Survivors of Human Trafficking Fund in accordance with Section
215-9-1.21 of the Unified Code of Corrections.
22    (h) Trafficking victim services. Subject to the
23availability of funds, the Department of Human Services may
24provide or fund emergency services and assistance to
25individuals who are victims of one or more offenses defined in
26this Section.

 

 

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1    (i) Certification. The Attorney General, a State's
2Attorney, or any law enforcement official shall certify in
3writing to the United States Department of Justice or other
4federal agency, such as the United States Department of
5Homeland Security, that an investigation or prosecution under
6this Section has begun and the individual who is a likely
7victim of a crime described in this Section is willing to
8cooperate or is cooperating with the investigation to enable
9the individual, if eligible under federal law, to qualify for
10an appropriate special immigrant visa and to access available
11federal benefits. Cooperation with law enforcement shall not be
12required of victims of a crime described in this Section who
13are under 18 years of age. This certification shall be made
14available to the victim and his or her designated legal
15representative.
16    (j) A person who commits involuntary servitude,
17involuntary sexual servitude of a minor, or trafficking in
18persons under subsection (b), (c), or (d) of this Section is
19subject to the property forfeiture provisions set forth in
20Article 124B of the Code of Criminal Procedure of 1963.
21(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
2298-1013, eff. 1-1-15.)
 
23    Section 15. The Code of Civil Procedure is amended by
24changing Section 13-225 as follows:
 

 

 

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1    (735 ILCS 5/13-225)
2    Sec. 13-225. Trafficking victims protection.    (a) In
3this Section, "human trafficking", "involuntary servitude",
4"sex trade", and "victim of the sex trade" have the meanings
5ascribed to them in Section 10 of the Trafficking Victims
6Protection Act.
7    (b) Subject to both subsections (e) and (f) and
8notwithstanding any other provision of law, an action under the
9Trafficking Victims Protection Act must be commenced within 25
1010 years of the date the limitation period begins to run under
11subsection (d) or within 25 10 years of the date the plaintiff
12discovers or through the use of reasonable diligence should
13discover both (i) that the sex trade, involuntary servitude, or
14human trafficking act occurred, and (ii) that the defendant
15caused, was responsible for, or profited from the sex trade,
16involuntary servitude, or human trafficking act. The fact that
17the plaintiff discovers or through the use of reasonable
18diligence should discover that the sex trade, involuntary
19servitude, or human trafficking act occurred is not, by itself,
20sufficient to start the discovery period under this subsection
21(b).
22    (c) If the injury is caused by 2 or more acts that are part
23of a continuing series of sex trade, involuntary servitude, or
24human trafficking acts by the same defendant, then the
25discovery period under subsection (b) shall be computed from
26the date the person abused discovers or through the use of

 

 

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1reasonable diligence should discover (i) that the last sex
2trade, involuntary servitude, or human trafficking act in the
3continuing series occurred, and (ii) that the defendant caused,
4was responsible for, or profited from the series of sex trade,
5involuntary servitude, or human trafficking acts. The fact that
6the plaintiff discovers or through the use of reasonable
7diligence should discover that the last sex trade, involuntary
8servitude, or human trafficking act in the continuing series
9occurred is not, by itself, sufficient to start the discovery
10period under subsection (b).
11    (d) The limitation periods in subsection (b) do not begin
12to run before the plaintiff attains the age of 18 years; and,
13if at the time the plaintiff attains the age of 18 years he or
14she is under other legal disability, the limitation periods
15under subsection (b) do not begin to run until the removal of
16the disability.
17    (e) The limitation periods in subsection (b) do not run
18during a time period when the plaintiff is subject to threats,
19intimidation, manipulation, or fraud perpetrated by the
20defendant or by any person acting in the interest of the
21defendant.
22    (f) The limitation periods in subsection (b) do not
23commence running until the expiration of all limitations
24periods applicable to the criminal prosecution of the plaintiff
25for any acts which form the basis of a cause of action under
26the Trafficking Victims Protection Act.

 

 

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1(Source: P.A. 100-939, eff. 1-1-19.)".