Illinois General Assembly - Full Text of Public Act 100-0939
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Public Act 100-0939


 

Public Act 0939 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0939
 
SB3108 EnrolledLRB100 19512 HEP 34779 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 13-225 as follows:
 
    (735 ILCS 5/13-225)
    Sec. 13-225. Trafficking victims protection Predator
accountability.
    (a) In this Section, "human trafficking", "involuntary
servitude", "sex trade", and "victim of the sex trade" have the
meanings ascribed to them in Section 10 of the Trafficking
Victims Protection Predator Accountability Act.
    (b) Subject to both subsections (e) and (f) and
notwithstanding any other provision of law, an action under the
Trafficking Victims Protection 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, involuntary servitude, or human trafficking act
occurred, and (ii) that the defendant caused, was responsible
for, or profited from the sex trade, involuntary servitude, or
human trafficking act. The fact that the plaintiff discovers or
through the use of reasonable diligence should discover that
the sex trade, involuntary servitude, or human trafficking 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, involuntary servitude, or
human trafficking 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, involuntary servitude, or human trafficking act in the
continuing series occurred, and (ii) that the defendant caused,
was responsible for, or profited from the series of sex trade,
involuntary servitude, or human trafficking acts. The fact that
the plaintiff discovers or through the use of reasonable
diligence should discover that the last sex trade, involuntary
servitude, or human trafficking 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 Trafficking Victims Protection Predator Accountability
Act.
(Source: P.A. 94-998, eff. 7-3-06.)
 
    Section 10. The Predator Accountability Act is amended by
changing Sections 1, 5, 10, 15, 20, 25, and 45 as follows:
 
    (740 ILCS 128/1)
    Sec. 1. Short title. This Act may be cited as the
Trafficking Victims Protection Predator Accountability Act.
(Source: P.A. 94-998, eff. 7-3-06.)
 
    (740 ILCS 128/5)
    Sec. 5. Purpose. The purpose of this Act is to allow
persons who have been or who are subjected to the sex trade,
involuntary servitude, or human trafficking to seek civil
damages and remedies from individuals and entities that
recruited, harmed, profited from, or maintained them in the sex
trade or involuntary servitude or subjected them to human
trafficking.
(Source: P.A. 94-998, eff. 7-3-06.)
 
    (740 ILCS 128/10)
    Sec. 10. Definitions. As used in this Act:
    "Human trafficking" means a violation or attempted
violation of subsection (d) of Section 10-9 of the Criminal
Code of 2012.
    "Involuntary servitude" means a violation or attempted
violation of subsection (b) of Section 10-9 of the Criminal
Code of 2012.
    "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 or the Criminal Code of 2012: 11-14.3
(promoting prostitution); 11-14.4 (promoting juvenile
prostitution); 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); 11-20.1 (child
pornography); or 11-20.1B or 11-20.3 (aggravated child
pornography); or subsection (c) of Section 10-9 (trafficking in
persons and involuntary sexual servitude of a minor).
    "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 person with a severe or profound
    intellectual disability, who is the object of the
    solicitation;
        (3) promoting prostitution as described in subdivision
    (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
    Code of 1961 or the Criminal Code of 2012, or 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) promoting prostitution as described in subdivision
    (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
    or the Criminal Code of 2012, or pimping: the prostitute
    from whom anything of value is received;
        (7) promoting juvenile prostitution as described in
    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
    Criminal Code of 1961 or the Criminal Code of 2012, or
    juvenile pimping and aggravated juvenile pimping: the
    juvenile, or person with a severe or profound intellectual
    disability, from whom anything of value is received for
    that person's act of prostitution;
        (8) promoting juvenile prostitution as described in
    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
    of 1961 or the Criminal Code of 2012, or exploitation of a
    child: the juvenile, or person with a severe or profound
    intellectual disability, 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 or aggravated child
    pornography: any child, or person with a severe or profound
    intellectual disability, who appears in or is described or
    depicted in the offending conduct or material; or
        (11) trafficking of persons or involuntary sexual
    servitude of a minor : a "trafficking victim" as defined in
    subsection (c) of Section 10-9 of the Criminal Code of 1961
    or the Criminal Code of 2012.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    (740 ILCS 128/15)
    Sec. 15. Cause of action.
    (a) A victim of the sex trade, involuntary servitude, or
human trafficking may bring an action in civil court under this
Act Violations of this Act are actionable in civil court.
    (a-1) A legal guardian, agent of the victim, court
appointee, or organization that represents the interests of or
serves victims may bring a cause of action on behalf of a
victim. An action may also be brought by a government entity
responsible for enforcing the laws of this State.
    (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 11-0.1 of the Criminal
    Code of 2012, to a victim of the sex trade the victim in
    any sex trade act; or
        (3) knowingly advertises or publishes advertisements
    for purposes of recruitment into sex trade activity.
    (b-1) A victim of involuntary servitude or human
trafficking has a cause of action against any person or entity
who knowingly subjects, attempts to subject, or engages in a
conspiracy to subject the victim to involuntary servitude or
human trafficking.
    (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.
    (d) The standard of proof in any action brought under this
Section is a preponderance of the evidence.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
    (740 ILCS 128/20)
    Sec. 20. Relief. A prevailing victim of the sex trade,
involuntary servitude, or human trafficking 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, for a victim of
        involuntary servitude or human trafficking, any
        statutorily required wages under applicable State or
        federal law; 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, involuntary servitude, or human trafficking
    activities of the plaintiff or the trafficking and
    involuntary servitude of the plaintiff.
(Source: P.A. 94-998, eff. 7-3-06; 95-331, eff. 8-21-07.)
 
    (740 ILCS 128/25)
    Sec. 25. Non-defenses.
    (a) It is not a defense to an action brought under this Act
that:
        (1) the victim of the sex trade, involuntary servitude,
    or human trafficking and the defendant had a marital or
    consenting sexual relationship;
        (2) the defendant is related to the victim of the sex
    trade, involuntary servitude, or human trafficking by
    blood or marriage, or has lived with the defendant in any
    formal or informal household arrangement;
        (3) the victim of the sex trade, involuntary servitude,
    or human trafficking was paid or otherwise compensated for
    sex trade activity, human, or other services;
        (4) the victim of the sex trade engaged in sex trade
    activity or had been subjected to involuntary servitude or
    human trafficking prior to any involvement with the
    defendant;
        (5) the victim of the sex trade, involuntary servitude,
    or human trafficking made no attempt to escape, flee, or
    otherwise terminate contact with the defendant;
        (6) the victim of the sex trade, involuntary servitude,
    or human trafficking consented to engage in acts of the sex
    trade, human, or other services;
        (7) it was a single incident of activity; or
        (8) there was no physical contact involved; or .
        (9) a defendant has been acquitted or has not been
    investigated, arrested, prosecuted, or convicted under the
    Criminal Code of 2012 or has been convicted of a different
    offense for the conduct that is alleged to give rise to
    liability under this Act.
    (b) Any illegality of the sex trade activity, human, or
services on the part of the victim of the sex trade,
involuntary servitude, or human trafficking shall not be an
affirmative defense to any action brought under this Act.
(Source: P.A. 94-998, eff. 7-3-06.)
 
    (740 ILCS 128/45)
    Sec. 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,
involuntary servitude, or human trafficking.
(Source: P.A. 94-998, eff. 7-3-06.)

Effective Date: 1/1/2019