Public Act 094-0998
 
HB1299 Enrolled LRB094 09423 LCB 39670 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Predator Accountability Act.
 
    Section 5. Purpose. The purpose of this Act is to allow
persons who have been or who are subjected to the sex trade to
seek civil damages and remedies from individuals and entities
that recruited, harmed, profited from, or maintained them in
the sex trade.
 
    Section 10. Definitions. As used in this Act:
    "Sex trade" means any act, which if proven beyond a
reasonable doubt could support a conviction for a violation or
attempted violation of any of the following Sections of the
Criminal Code of 1961: 11-15 (soliciting for a prostitute);
11-15.1 (soliciting for a juvenile prostitute); 11-16
(pandering); 11-17 (keeping a place of prostitution); 11-17.1
(keeping a place of juvenile prostitution); 11-19 (pimping);
11-19.1 (juvenile pimping and aggravated juvenile pimping);
11-19.2 (exploitation of a child); 11-20 (obscenity); or
11-20.1 (child pornography); or Article 10A of the Criminal
Code of 1961 (trafficking of persons and involuntary
servitude).
    "Sex trade" activity may involve adults and youth of all
genders and sexual orientations.
    "Victim of the sex trade" means, for the following sex
trade acts, the person or persons indicated:
        (1) soliciting for a prostitute: the prostitute who is
    the object of the solicitation;
        (2) soliciting for a juvenile prostitute: the juvenile
    prostitute, or severely or profoundly mentally retarded
    person, who is the object of the solicitation;
        (3) pandering: the person intended or compelled to act
    as a prostitute;
        (4) keeping a place of prostitution: any person
    intended or compelled to act as a prostitute, while present
    at the place, during the time period in question;
        (5) keeping a place of juvenile prostitution: any
    juvenile intended or compelled to act as a prostitute,
    while present at the place, during the time period in
    question;
        (6) pimping: the prostitute from whom anything of value
    is received;
        (7) juvenile pimping and aggravated juvenile pimping:
    the juvenile, or severely or profoundly mentally retarded
    person, from whom anything of value is received for that
    person's act of prostitution;
        (8) exploitation of a child: the juvenile, or severely
    or profoundly mentally retarded person, intended or
    compelled to act as a prostitute or from whom anything of
    value is received for that person's act of prostitution;
        (9) obscenity: any person who appears in or is
    described or depicted in the offending conduct or material;
        (10) child pornography: any child, or severely or
    profoundly mentally retarded person, who appears in or is
    described or depicted in the offending conduct or material;
    or
        (11) trafficking of persons or involuntary servitude:
    a "trafficking victim" as defined in Section 10A-5 of the
    Criminal Code of 1961.
 
    Section 15. Cause of action.
    (a) Violations of this Act are actionable in civil court.
    (b) A victim of the sex trade has a cause of action against
a person or entity who:
        (1) recruits, profits from, or maintains the victim in
    any sex trade act;
        (2) intentionally abuses, as defined in Section 103 of
    the Illinois Domestic Violence Act of 1986, or causes
    bodily harm, as defined in Section 12-12 of the Criminal
    Code of 1961, to the victim in any sex trade act; or
        (3) knowingly advertises or publishes advertisements
    for purposes of recruitment into sex trade activity.
    (c) This Section shall not be construed to create liability
to any person or entity who provides goods or services to the
general public, who also provides those goods or services to
persons who would be liable under subsection (b) of this
Section, absent a showing that the person or entity either:
        (1) knowingly markets or provides its goods or services
    primarily to persons or entities liable under subsection
    (b) of this Section;
        (2) knowingly receives a higher level of compensation
    from persons or entities liable under subsection (b) of
    this Section than it generally receives from customers; or
        (3) supervises or exercises control over persons or
    entities liable under subsection (b) of this Section.
 
    Section 20. Relief.
    (a) A prevailing victim of the sex trade shall be entitled
to all relief that would make him or her whole. This includes,
but is not limited to:
        (1) declaratory relief;
        (2) injunctive relief;
        (3) recovery of costs and attorney fees including, but
    not limited to, costs for expert testimony and witness
    fees;
        (4) compensatory damages including, but not limited
    to:
            (A) economic loss, including damage, destruction,
        or loss of use of personal property, and loss of past
        or future earning capacity; and
            (B) damages for death, personal injury, disease,
        and mental and emotional harm, including medical,
        rehabilitation, burial expenses, pain and suffering,
        and physical impairment;
        (5) punitive damages; and
        (6) damages in the amount of the gross revenues
    received by the defendant from, or related to, the sex
    trade activities of the plaintiff.
 
    Section 25. Non-defenses.
    (a) It is not a defense to an action brought under this Act
that:
        (1) the victim of the sex trade and the defendant had a
    marital or consenting sexual relationship;
        (2) the defendant is related to the victim of the sex
    trade by blood or marriage, or has lived with the defendant
    in any formal or informal household arrangement;
        (3) the victim of the sex trade was paid or otherwise
    compensated for sex trade activity;
        (4) the victim of the sex trade engaged in sex trade
    activity prior to any involvement with the defendant;
        (5) the victim of the sex trade made no attempt to
    escape, flee, or otherwise terminate contact with the
    defendant;
        (6) the victim of the sex trade consented to engage in
    acts of the sex trade;
        (7) it was a single incident of activity; or
        (8) there was no physical contact involved.
    (b) Any illegality of the sex trade activity on the part of
the victim of the sex trade shall not be an affirmative defense
to any action brought under this Act.
 
    Section 30. Evidence. Related to a cause of action under
this Act, the fact that a plaintiff or other witness has
testified under oath or given evidence relating to an act that
may be a violation of any provision of the Criminal Code of
1961 shall not be construed to require the State's Attorney to
criminally charge any person for such violation.
 
    Section 35. Remedies preserved. This Act does not affect
the right of any person to bring an action or use any remedy
available under other law, including common law, to recover
damages arising out of the use of the victim of the sex trade
in the sex trade nor does this Act limit or restrict the
liability of any person under other law. This Act does not
reflect a determination of a policy regarding the applicability
of strict liability to activities relating to the sex trade.
 
    Section 40. Double recovery prohibited. Any person who
recovers damages under this Act may not recover the same costs
or damages under any other Act. A person who recovers damages
under any other Act may not recover for the same costs or
damages under this Act.
 
    Section 45. No avoidance of liability. No person may avoid
liability under this Act by means of any conveyance of any
right, title, or interest in real property, or by any
indemnification, hold harmless agreement, or similar agreement
that purports to show consent of the victim of the sex trade.
 
    Section 55. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or its application does not
affect other provisions or application of this Act that can be
given effect without the invalid provision or application.
 
    Section 80. The Code of Civil Procedure is amended by
adding Section 13-225 as follows:
 
    (735 ILCS 5/13-225 new)
    Sec. 13-225. Predator accountability.
    (a) In this Section, "sex trade" and "victim of the sex
trade" have the meanings ascribed to them in Section 10 of the
Predator Accountability Act.
    (b) Subject to both subsections (e) and (f) and
notwithstanding any other provision of law, an action under the
Predator Accountability Act must be commenced within 10 years
of the date the limitation period begins to run under
subsection (d) or within 10 years of the date the plaintiff
discovers or through the use of reasonable diligence should
discover both (i) that the sex trade act occurred, and (ii)
that the defendant caused, was responsible for, or profited
from the sex trade act. The fact that the plaintiff discovers
or through the use of reasonable diligence should discover that
the sex trade act occurred is not, by itself, sufficient to
start the discovery period under this subsection (b).
    (c) If the injury is caused by 2 or more acts that are part
of a continuing series of sex trade acts by the same defendant,
then the discovery period under subsection (b) shall be
computed from the date the person abused discovers or through
the use of reasonable diligence should discover (i) that the
last sex trade act in the continuing series occurred, and (ii)
that the defendant caused, was responsible for, or profited
from the series of sex trade acts. The fact that the plaintiff
discovers or through the use of reasonable diligence should
discover that the last sex trade act in the continuing series
occurred is not, by itself, sufficient to start the discovery
period under subsection (b).
    (d) The limitation periods in subsection (b) do not begin
to run before the plaintiff attains the age of 18 years; and,
if at the time the plaintiff attains the age of 18 years he or
she is under other legal disability, the limitation periods
under subsection (b) do not begin to run until the removal of
the disability.
    (e) The limitation periods in subsection (b) do not run
during a time period when the plaintiff is subject to threats,
intimidation, manipulation, or fraud perpetrated by the
defendant or by any person acting in the interest of the
defendant.
    (f) The limitation periods in subsection (b) do not
commence running until the expiration of all limitations
periods applicable to the criminal prosecution of the plaintiff
for any acts which form the basis of a cause of action under
the Predator Accountability Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/3/2006