Sen. Iris Y. Martinez
Filed: 11/7/2018
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 580




2    AMENDMENT NO. ______. Amend Senate Bill 580 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Trafficking Victims Protection Act is 
5amended  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 
11a 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 
 
 
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1    Code of 2012, to the victim in any sex trade act; or


2        (3) knowingly advertises or publishes advertisements 
3    for purposes of recruitment into sex trade activity.
4    (c) This Section shall not be construed to create liability 
5to any person or entity who provides goods or services to the 
6general public, who also provides those goods or services to 
7persons who would be liable under subsection (b) of this 
8Section, absent a showing that the person or entity either:


9        (1) knowingly markets or provides its goods or services 
10    primarily to persons or entities liable under subsection 
11    (b) of this Section;


12        (2) knowingly receives a higher level of compensation 
13    from persons or entities liable under subsection (b) of 
14    this Section than it generally receives from customers; or
15        (3) supervises or exercises control over persons or 
16    entities liable under subsection (b) of this Section.

17(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
18    (Text of Section after amendment by P.A. 100-939)
19    Sec. 15. Cause of action.  
20    (a) A victim of the sex trade, involuntary servitude, or 
21human trafficking may bring an action in civil court under this 
22Act.
23    (a-1) A legal guardian, agent of the victim, court 
24appointee, or, with the express written consent of the victim, 
25organization that represents the interests of or serves victims 
 
 
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1may bring a cause of action on behalf of a victim. An action 
2may also be brought by a government entity responsible for 
3enforcing the laws of this State. 
4    (b) A victim of the sex trade has a cause of action against 
5a person or entity who:


6        (1) recruits, profits from, or maintains the victim in 
7    any sex trade act; 
8        (2) intentionally abuses, as defined in Section 103 of 
9    the Illinois Domestic Violence Act of 1986, or causes 
10    bodily harm, as defined in Section 11-0.1 of the Criminal 
11    Code of 2012, to a victim of the sex trade; or


12        (3) knowingly advertises or publishes advertisements 
13    for purposes of recruitment into sex trade activity.
14    (b-1) A victim of involuntary servitude or human 
15trafficking has a cause of action against any person or entity 
16who knowingly subjects, attempts to subject, or engages in a 
17conspiracy to subject the victim to involuntary servitude or 
18human trafficking. 
19    (c) This Section shall not be construed to create liability 
20to any person or entity who provides goods or services to the 
21general public, who also provides those goods or services to 
22persons who would be liable under subsection (b) of this 
23Section, absent a showing that the person or entity either:


24        (1) knowingly markets or provides its goods or services 
25    primarily to persons or entities liable under subsection 
26    (b) of this Section;


 
 
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1        (2) knowingly receives a higher level of compensation 
2    from persons or entities liable under subsection (b) of 
3    this Section than it generally receives from customers; or
4        (3) supervises or exercises control over persons or 
5    entities liable under subsection (b) of this Section.

6    (d) The standard of proof in any action brought under this 
7Section is a preponderance of the evidence.
8(Source: P.A. 100-939, eff. 1-1-19.)

 
9    Section 95. No acceleration or delay. Where this Act makes 
10changes in a statute that is represented in this Act by text 
11that is not yet or no longer in effect (for example, a Section 
12represented by multiple versions), the use of that text does 
13not accelerate or delay the taking effect of (i) the changes 
14made by this Act or (ii) provisions derived from any other 
15Public Act.
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.".