Rep. Michael J. Madigan

Filed: 5/26/2019

 

 


 

 


 
10100SB1890ham003LRB101 07959 RLC 61130 a

1
AMENDMENT TO SENATE BILL 1890

2    AMENDMENT NO. ______. Amend Senate Bill 1890, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Lodging Services Human Trafficking Recognition Training Act.
 
7    Section 5. Definitions. In this Act:
8    "Department" means the Department of Human Services.
9    "Employee" means a person employed by a lodging
10establishment who has recurring interactions with the public,
11including, but not limited to, an employee who works in a
12reception area, performs housekeeping duties, helps customers
13in moving their possessions, or transports by vehicle customers
14of the lodging establishment.
15    "Human trafficking" means the deprivation or violation of
16the personal liberty of another with the intent to obtain

 

 

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1forced labor or services, procure or sell the individual for
2commercial sex, or exploit the individual in obscene matter.
3Depriving or violating a person's liberty includes substantial
4and sustained restriction of another's liberty accomplished
5through fraud, deceit, coercion, violence, duress, menace, or
6threat of unlawful injury to the victim or to another person,
7under circumstances where the person receiving or apprehending
8the threat reasonably believes that it is likely that the
9person making the threat would carry it out.
10    "Lodging establishment" means an establishment classified
11as a hotel or motel in the 2017 North American Industry
12Classification System under code 721110, and an establishment
13classified as a casino hotel in the 2017 North American
14Industry Classification System under code 721120.
 
15    Section 10. Human trafficking recognition training.
16Beginning June 1, 2020, a lodging establishment shall provide
17its employees with training in the recognition of human
18trafficking and protocols for reporting observed human
19trafficking to the appropriate authority. The employees must
20complete the training within 6 months after beginning
21employment in such role with the lodging establishment and
22every 2 years thereafter, if still employed by the lodging
23establishment. The training shall be at least 20 minutes in
24duration.
 

 

 

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1    Section 15. Human trafficking recognition training
2curriculum.
3    (a) A lodging establishment may use its own human
4trafficking training program or that of a third party and be in
5full compliance with this Act if the human trafficking training
6program includes, at a minimum, all of the following:
7        (1) a definition of human trafficking and commercial
8    exploitation of children;
9        (2) guidance on how to identify individuals who are
10    most at risk for human trafficking;
11        (3) the difference between human trafficking for
12    purposes of labor and for purposes of sex as the
13    trafficking relates to lodging establishments; and
14        (4) guidance on the role of lodging establishment
15    employees in reporting and responding to instances of human
16    trafficking.
17    (b) The Department shall develop a curriculum for an
18approved human trafficking training recognition program which
19shall be used by a lodging establishment that does not
20administer its own human trafficking recognition program as
21described in subsection (a). The human trafficking training
22recognition program developed by the Department shall include,
23at a minimum, all of the following:
24        (1) a definition of human trafficking and commercial
25    exploitation of children;
26        (2) guidance on how to identify individuals who are

 

 

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1    most at risk for human trafficking;
2        (3) the difference between human trafficking for
3    purposes of labor and for purposes of sex as the
4    trafficking relates to lodging establishments; and
5        (4) guidance on the role of lodging establishment
6    employees in reporting and responding to instances of human
7    trafficking.
8    The Department may consult the United States Department of
9Justice for the human trafficking recognition training program
10developed under this subsection.
11    The Department shall develop and publish the human
12trafficking recognition training program described in this
13subsection no later than July 1, 2020.
 
14    Section 100. The Department of State Police Law of the
15Civil Administrative Code of Illinois is amended by adding
16Section 2605-99 as follows:
 
17    (20 ILCS 2605/2605-99 new)
18    Sec. 2605-99. Training; human trafficking. The Director
19shall conduct or approve a training program in the detection
20and investigation of all forms of human trafficking, including,
21but not limited to "involuntary servitude" under subsection (b)
22of Section 10-9 of the Criminal Code of 2012, "involuntary
23sexual servitude of a minor" under subsection (c) of Section
2410-9 of the Criminal Code of 2012, and "trafficking in persons"

 

 

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1under subsection (d) of Section 10-9 of the Criminal Code of
22012. This program shall be made available to all cadets and
3state police officers.
 
4    Section 105. The Illinois Police Training Act is amended by
5changing Section 7 and by adding Section 10.23 as follows:
 
6    (50 ILCS 705/7)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include, but not be limited to, the following:
10        a. The curriculum for probationary police officers
11    which shall be offered by all certified schools shall
12    include, but not be limited to, courses of procedural
13    justice, arrest and use and control tactics, search and
14    seizure, including temporary questioning, civil rights,
15    human rights, human relations, cultural competency,
16    including implicit bias and racial and ethnic sensitivity,
17    criminal law, law of criminal procedure, constitutional
18    and proper use of law enforcement authority, vehicle and
19    traffic law including uniform and non-discriminatory
20    enforcement of the Illinois Vehicle Code, traffic control
21    and accident investigation, techniques of obtaining
22    physical evidence, court testimonies, statements, reports,
23    firearms training, training in the use of electronic
24    control devices, including the psychological and

 

 

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1    physiological effects of the use of those devices on
2    humans, first-aid (including cardiopulmonary
3    resuscitation), training in the administration of opioid
4    antagonists as defined in paragraph (1) of subsection (e)
5    of Section 5-23 of the Substance Use Disorder Act, handling
6    of juvenile offenders, recognition of mental conditions
7    and crises, including, but not limited to, the disease of
8    addiction, which require immediate assistance and response
9    and methods to safeguard and provide assistance to a person
10    in need of mental treatment, recognition of abuse, neglect,
11    financial exploitation, and self-neglect of adults with
12    disabilities and older adults, as defined in Section 2 of
13    the Adult Protective Services Act, crimes against the
14    elderly, law of evidence, the hazards of high-speed police
15    vehicle chases with an emphasis on alternatives to the
16    high-speed chase, and physical training. The curriculum
17    shall include specific training in techniques for
18    immediate response to and investigation of cases of
19    domestic violence and of sexual assault of adults and
20    children, including cultural perceptions and common myths
21    of sexual assault and sexual abuse as well as interview
22    techniques that are age sensitive and are trauma informed,
23    victim centered, and victim sensitive. The curriculum
24    shall include training in techniques designed to promote
25    effective communication at the initial contact with crime
26    victims and ways to comprehensively explain to victims and

 

 

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1    witnesses their rights under the Rights of Crime Victims
2    and Witnesses Act and the Crime Victims Compensation Act.
3    The curriculum shall also include training in effective
4    recognition of and responses to stress, trauma, and
5    post-traumatic stress experienced by police officers. The
6    curriculum shall also include a block of instruction aimed
7    at identifying and interacting with persons with autism and
8    other developmental or physical disabilities, reducing
9    barriers to reporting crimes against persons with autism,
10    and addressing the unique challenges presented by cases
11    involving victims or witnesses with autism and other
12    developmental disabilities. The curriculum shall include
13    training in the detection and investigation of all forms of
14    human trafficking. The curriculum for permanent police
15    officers shall include, but not be limited to: (1)
16    refresher and in-service training in any of the courses
17    listed above in this subparagraph, (2) advanced courses in
18    any of the subjects listed above in this subparagraph, (3)
19    training for supervisory personnel, and (4) specialized
20    training in subjects and fields to be selected by the
21    board. The training in the use of electronic control
22    devices shall be conducted for probationary police
23    officers, including University police officers.
24        b. Minimum courses of study, attendance requirements
25    and equipment requirements.
26        c. Minimum requirements for instructors.

 

 

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1        d. Minimum basic training requirements, which a
2    probationary police officer must satisfactorily complete
3    before being eligible for permanent employment as a local
4    law enforcement officer for a participating local
5    governmental agency. Those requirements shall include
6    training in first aid (including cardiopulmonary
7    resuscitation).
8        e. Minimum basic training requirements, which a
9    probationary county corrections officer must
10    satisfactorily complete before being eligible for
11    permanent employment as a county corrections officer for a
12    participating local governmental agency.
13        f. Minimum basic training requirements which a
14    probationary court security officer must satisfactorily
15    complete before being eligible for permanent employment as
16    a court security officer for a participating local
17    governmental agency. The Board shall establish those
18    training requirements which it considers appropriate for
19    court security officers and shall certify schools to
20    conduct that training.
21        A person hired to serve as a court security officer
22    must obtain from the Board a certificate (i) attesting to
23    his or her successful completion of the training course;
24    (ii) attesting to his or her satisfactory completion of a
25    training program of similar content and number of hours
26    that has been found acceptable by the Board under the

 

 

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1    provisions of this Act; or (iii) attesting to the Board's
2    determination that the training course is unnecessary
3    because of the person's extensive prior law enforcement
4    experience.
5        Individuals who currently serve as court security
6    officers shall be deemed qualified to continue to serve in
7    that capacity so long as they are certified as provided by
8    this Act within 24 months of June 1, 1997 (the effective
9    date of Public Act 89-685). Failure to be so certified,
10    absent a waiver from the Board, shall cause the officer to
11    forfeit his or her position.
12        All individuals hired as court security officers on or
13    after June 1, 1997 (the effective date of Public Act
14    89-685) shall be certified within 12 months of the date of
15    their hire, unless a waiver has been obtained by the Board,
16    or they shall forfeit their positions.
17        The Sheriff's Merit Commission, if one exists, or the
18    Sheriff's Office if there is no Sheriff's Merit Commission,
19    shall maintain a list of all individuals who have filed
20    applications to become court security officers and who meet
21    the eligibility requirements established under this Act.
22    Either the Sheriff's Merit Commission, or the Sheriff's
23    Office if no Sheriff's Merit Commission exists, shall
24    establish a schedule of reasonable intervals for
25    verification of the applicants' qualifications under this
26    Act and as established by the Board.

 

 

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1        g. Minimum in-service training requirements, which a
2    police officer must satisfactorily complete every 3 years.
3    Those requirements shall include constitutional and proper
4    use of law enforcement authority, procedural justice,
5    civil rights, human rights, mental health awareness and
6    response, and cultural competency.
7        h. Minimum in-service training requirements, which a
8    police officer must satisfactorily complete at least
9    annually. Those requirements shall include law updates and
10    use of force training which shall include scenario based
11    training, or similar training approved by the Board.
12(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
13eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
14100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
158-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
16    (50 ILCS 705/10.23 new)
17    Sec. 10.23. Training; human trafficking. The Board shall
18conduct or approve an in-service training program in the
19detection and investigation of all forms of human trafficking,
20including, but not limited to, "involuntary servitude" under
21subsection (b) of Section 10-9 of the Criminal Code of 2012,
22"involuntary sexual servitude of a minor" under subsection (c)
23of Section 10-9 of the Criminal Code of 2012, and "trafficking
24in persons" under subsection (d) of Section 10-9 of the
25Criminal Code of 2012. This program shall be made available to

 

 

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1all certified law enforcement, correctional, and court
2security officers.
 
3    Section 110. The Criminal Code of 2012 is amended by
4changing Sections 3-6 and 10-9 as follows:
 
5    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
6    Sec. 3-6. Extended limitations. The period within which a
7prosecution must be commenced under the provisions of Section
83-5 or other applicable statute is extended under the following
9conditions:
10    (a) A prosecution for theft involving a breach of a
11fiduciary obligation to the aggrieved person may be commenced
12as follows:
13        (1) If the aggrieved person is a minor or a person
14    under legal disability, then during the minority or legal
15    disability or within one year after the termination
16    thereof.
17        (2) In any other instance, within one year after the
18    discovery of the offense by an aggrieved person, or by a
19    person who has legal capacity to represent an aggrieved
20    person or has a legal duty to report the offense, and is
21    not himself or herself a party to the offense; or in the
22    absence of such discovery, within one year after the proper
23    prosecuting officer becomes aware of the offense. However,
24    in no such case is the period of limitation so extended

 

 

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1    more than 3 years beyond the expiration of the period
2    otherwise applicable.
3    (b) A prosecution for any offense based upon misconduct in
4office by a public officer or employee may be commenced within
5one year after discovery of the offense by a person having a
6legal duty to report such offense, or in the absence of such
7discovery, within one year after the proper prosecuting officer
8becomes aware of the offense. However, in no such case is the
9period of limitation so extended more than 3 years beyond the
10expiration of the period otherwise applicable.
11    (b-5) When the victim is under 18 years of age at the time
12of the offense, a prosecution for involuntary servitude,
13involuntary sexual servitude of a minor, or trafficking in
14persons and related offenses under Section 10-9 of this Code
15may be commenced within 25 years of the victim attaining the
16age of 18 years.
17    (b-6) When the victim is 18 years of age or over at the
18time of the offense, a prosecution for involuntary servitude,
19involuntary sexual servitude of a minor, or trafficking in
20persons and related offenses under Section 10-9 of this Code
21may be commenced within 25 years after the commission of the
22offense.
23    (c) (Blank).
24    (d) A prosecution for child pornography, aggravated child
25pornography, indecent solicitation of a child, soliciting for a
26juvenile prostitute, juvenile pimping, exploitation of a

 

 

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1child, or promoting juvenile prostitution except for keeping a
2place of juvenile prostitution may be commenced within one year
3of the victim attaining the age of 18 years. However, in no
4such case shall the time period for prosecution expire sooner
5than 3 years after the commission of the offense.
6    (e) Except as otherwise provided in subdivision (j), a
7prosecution for any offense involving sexual conduct or sexual
8penetration, as defined in Section 11-0.1 of this Code, where
9the defendant was within a professional or fiduciary
10relationship or a purported professional or fiduciary
11relationship with the victim at the time of the commission of
12the offense may be commenced within one year after the
13discovery of the offense by the victim.
14    (f) A prosecution for any offense set forth in Section 44
15of the Environmental Protection Act may be commenced within 5
16years after the discovery of such an offense by a person or
17agency having the legal duty to report the offense or in the
18absence of such discovery, within 5 years after the proper
19prosecuting officer becomes aware of the offense.
20    (f-5) A prosecution for any offense set forth in Section
2116-30 of this Code may be commenced within 5 years after the
22discovery of the offense by the victim of that offense.
23    (g) (Blank).
24    (h) (Blank).
25    (i) Except as otherwise provided in subdivision (j), a
26prosecution for criminal sexual assault, aggravated criminal

 

 

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1sexual assault, or aggravated criminal sexual abuse may be
2commenced within 10 years of the commission of the offense if
3the victim reported the offense to law enforcement authorities
4within 3 years after the commission of the offense. If the
5victim consented to the collection of evidence using an
6Illinois State Police Sexual Assault Evidence Collection Kit
7under the Sexual Assault Survivors Emergency Treatment Act, it
8shall constitute reporting for purposes of this Section.
9    Nothing in this subdivision (i) shall be construed to
10shorten a period within which a prosecution must be commenced
11under any other provision of this Section.
12    (i-5) A prosecution for armed robbery, home invasion,
13kidnapping, or aggravated kidnaping may be commenced within 10
14years of the commission of the offense if it arises out of the
15same course of conduct and meets the criteria under one of the
16offenses in subsection (i) of this Section.
17    (j) (1) When the victim is under 18 years of age at the
18time of the offense, a prosecution for criminal sexual assault,
19aggravated criminal sexual assault, predatory criminal sexual
20assault of a child, aggravated criminal sexual abuse, or felony
21criminal sexual abuse may be commenced at any time.
22    (2) When the victim is under 18 years of age at the time of
23the offense, a prosecution for failure of a person who is
24required to report an alleged or suspected commission of
25criminal sexual assault, aggravated criminal sexual assault,
26predatory criminal sexual assault of a child, aggravated

 

 

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1criminal sexual abuse, or felony criminal sexual abuse under
2the Abused and Neglected Child Reporting Act may be commenced
3within 20 years after the child victim attains 18 years of age.
4    (3) When the victim is under 18 years of age at the time of
5the offense, a prosecution for misdemeanor criminal sexual
6abuse may be commenced within 10 years after the child victim
7attains 18 years of age.
8    (4) Nothing in this subdivision (j) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (j-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced at any
13time if it arises out of the same course of conduct and meets
14the criteria under one of the offenses in subsection (j) of
15this Section.
16    (k) (Blank).
17    (l) A prosecution for any offense set forth in Section 26-4
18of this Code may be commenced within one year after the
19discovery of the offense by the victim of that offense.
20    (l-5) A prosecution for any offense involving sexual
21conduct or sexual penetration, as defined in Section 11-0.1 of
22this Code, in which the victim was 18 years of age or older at
23the time of the offense, may be commenced within one year after
24the discovery of the offense by the victim when corroborating
25physical evidence is available. The charging document shall
26state that the statute of limitations is extended under this

 

 

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1subsection (l-5) and shall state the circumstances justifying
2the extension. Nothing in this subsection (l-5) shall be
3construed to shorten a period within which a prosecution must
4be commenced under any other provision of this Section or
5Section 3-5 of this Code.
6    (m) The prosecution shall not be required to prove at trial
7facts which extend the general limitations in Section 3-5 of
8this Code when the facts supporting extension of the period of
9general limitations are properly pled in the charging document.
10Any challenge relating to the extension of the general
11limitations period as defined in this Section shall be
12exclusively conducted under Section 114-1 of the Code of
13Criminal Procedure of 1963.
14    (n) A prosecution for any offense set forth in subsection
15(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
16Illinois Public Aid Code, in which the total amount of money
17involved is $5,000 or more, including the monetary value of
18food stamps and the value of commodities under Section 16-1 of
19this Code may be commenced within 5 years of the last act
20committed in furtherance of the offense.
21(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
22100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
231-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
24eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
 
25    (720 ILCS 5/10-9)

 

 

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1    Sec. 10-9. Trafficking in persons, involuntary servitude,
2and related offenses.
3    (a) Definitions. In this Section:
4        (1) "Intimidation" has the meaning prescribed in
5    Section 12-6.
6        (2) "Commercial sexual activity" means any sex act on
7    account of which anything of value is given, promised to,
8    or received by any person.
9        (2.5) "Company" means any sole proprietorship,
10    organization, association, corporation, partnership, joint
11    venture, limited partnership, limited liability
12    partnership, limited liability limited partnership,
13    limited liability company, or other entity or business
14    association, including all wholly owned subsidiaries,
15    majority-owned subsidiaries, parent companies, or
16    affiliates of those entities or business associations,
17    that exist for the purpose of making profit.
18        (3) "Financial harm" includes intimidation that brings
19    about financial loss, criminal usury, or employment
20    contracts that violate the Frauds Act.
21        (4) (Blank).
22        (5) "Labor" means work of economic or financial value.
23        (6) "Maintain" means, in relation to labor or services,
24    to secure continued performance thereof, regardless of any
25    initial agreement on the part of the victim to perform that
26    type of service.

 

 

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1        (7) "Obtain" means, in relation to labor or services,
2    to secure performance thereof.
3        (7.5) "Serious harm" means any harm, whether physical
4    or nonphysical, including psychological, financial, or
5    reputational harm, that is sufficiently serious, under all
6    the surrounding circumstances, to compel a reasonable
7    person of the same background and in the same circumstances
8    to perform or to continue performing labor or services in
9    order to avoid incurring that harm.
10        (8) "Services" means activities resulting from a
11    relationship between a person and the actor in which the
12    person performs activities under the supervision of or for
13    the benefit of the actor. Commercial sexual activity and
14    sexually-explicit performances are forms of activities
15    that are "services" under this Section. Nothing in this
16    definition may be construed to legitimize or legalize
17    prostitution.
18        (9) "Sexually-explicit performance" means a live,
19    recorded, broadcast (including over the Internet), or
20    public act or show intended to arouse or satisfy the sexual
21    desires or appeal to the prurient interests of patrons.
22        (10) "Trafficking victim" means a person subjected to
23    the practices set forth in subsection (b), (c), or (d).
24    (b) Involuntary servitude. A person commits involuntary
25servitude when he or she knowingly subjects, attempts to
26subject, or engages in a conspiracy to subject another person

 

 

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1to labor or services obtained or maintained through any of the
2following means, or any combination of these means:
3        (1) causes or threatens to cause physical harm to any
4    person;
5        (2) physically restrains or threatens to physically
6    restrain another person;
7        (3) abuses or threatens to abuse the law or legal
8    process;
9        (4) knowingly destroys, conceals, removes,
10    confiscates, or possesses any actual or purported passport
11    or other immigration document, or any other actual or
12    purported government identification document, of another
13    person;
14        (5) uses intimidation, or exerts financial control
15    over any person; or
16        (6) uses any scheme, plan, or pattern intended to cause
17    the person to believe that, if the person did not perform
18    the labor or services, that person or another person would
19    suffer serious harm or physical restraint.
20    Sentence. Except as otherwise provided in subsection (e) or
21(f), a violation of subsection (b)(1) is a Class X felony,
22(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
23is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
24    (c) Involuntary sexual servitude of a minor. A person
25commits involuntary sexual servitude of a minor when he or she
26knowingly recruits, entices, harbors, transports, provides, or

 

 

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

 

 

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1engaged in an act of involuntary servitude or involuntary
2sexual servitude of a minor.
3    Sentence. Except as otherwise provided in subsection (e) or
4(f), a violation of this subsection by a person is a Class 1
5felony. A violation of this subsection by a company is a
6business offense for which a fine of up to $100,000 may be
7imposed.
8    (e) Aggravating factors. A violation of this Section
9involving kidnapping or an attempt to kidnap, aggravated
10criminal sexual assault or an attempt to commit aggravated
11criminal sexual assault, or an attempt to commit first degree
12murder is a Class X felony.
13    (f) Sentencing considerations.
14        (1) Bodily injury. If, pursuant to a violation of this
15    Section, a victim suffered bodily injury, the defendant may
16    be sentenced to an extended-term sentence under Section
17    5-8-2 of the Unified Code of Corrections. The sentencing
18    court must take into account the time in which the victim
19    was held in servitude, with increased penalties for cases
20    in which the victim was held for between 180 days and one
21    year, and increased penalties for cases in which the victim
22    was held for more than one year.
23        (2) Number of victims. In determining sentences within
24    statutory maximums, the sentencing court should take into
25    account the number of victims, and may provide for
26    substantially increased sentences in cases involving more

 

 

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1    than 10 victims.
2    (g) Restitution. Restitution is mandatory under this
3Section. In addition to any other amount of loss identified,
4the court shall order restitution including the greater of (1)
5the gross income or value to the defendant of the victim's
6labor or services or (2) the value of the victim's labor as
7guaranteed under the Minimum Wage Law and overtime provisions
8of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
9whichever is greater.
10    (g-5) Fine distribution. If the court imposes a fine under
11subsection (b), (c), or (d) of this Section, it shall be
12collected and distributed to the Specialized Services for
13Survivors of Human Trafficking Fund in accordance with Section
145-9-1.21 of the Unified Code of Corrections.
15    (h) Trafficking victim services. Subject to the
16availability of funds, the Department of Human Services may
17provide or fund emergency services and assistance to
18individuals who are victims of one or more offenses defined in
19this Section.
20    (i) Certification. The Attorney General, a State's
21Attorney, or any law enforcement official shall certify in
22writing to the United States Department of Justice or other
23federal agency, such as the United States Department of
24Homeland Security, that an investigation or prosecution under
25this Section has begun and the individual who is a likely
26victim of a crime described in this Section is willing to

 

 

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1cooperate or is cooperating with the investigation to enable
2the individual, if eligible under federal law, to qualify for
3an appropriate special immigrant visa and to access available
4federal benefits. Cooperation with law enforcement shall not be
5required of victims of a crime described in this Section who
6are under 18 years of age. This certification shall be made
7available to the victim and his or her designated legal
8representative.
9    (j) A person who commits involuntary servitude,
10involuntary sexual servitude of a minor, or trafficking in
11persons under subsection (b), (c), or (d) of this Section is
12subject to the property forfeiture provisions set forth in
13Article 124B of the Code of Criminal Procedure of 1963.
14(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
1598-1013, eff. 1-1-15.)
 
16    Section 115. The Code of Civil Procedure is amended by
17changing Section 13-225 as follows:
 
18    (735 ILCS 5/13-225)
19    Sec. 13-225. Trafficking victims protection.    (a) In
20this Section, "human trafficking", "involuntary servitude",
21"sex trade", and "victim of the sex trade" have the meanings
22ascribed to them in Section 10 of the Trafficking Victims
23Protection Act.
24    (b) Subject to both subsections (e) and (f) and

 

 

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

 

 

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1servitude, or human trafficking act in the continuing series
2occurred is not, by itself, sufficient to start the discovery
3period under subsection (b).
4    (d) The limitation periods in subsection (b) do not begin
5to run before the plaintiff attains the age of 18 years; and,
6if at the time the plaintiff attains the age of 18 years he or
7she is under other legal disability, the limitation periods
8under subsection (b) do not begin to run until the removal of
9the disability.
10    (e) The limitation periods in subsection (b) do not run
11during a time period when the plaintiff is subject to threats,
12intimidation, manipulation, or fraud perpetrated by the
13defendant or by any person acting in the interest of the
14defendant.
15    (f) The limitation periods in subsection (b) do not
16commence running until the expiration of all limitations
17periods applicable to the criminal prosecution of the plaintiff
18for any acts which form the basis of a cause of action under
19the Trafficking Victims Protection Act.
20(Source: P.A. 100-939, eff. 1-1-19.)
 
21    Section 999. Effective date. This Section and Sections 1
22through 15 take effect upon becoming law.".