100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5079

 

Introduced , by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/10-9
730 ILCS 150/2  from Ch. 38, par. 222
735 ILCS 5/13-202.4 new

    Amends the Criminal Code of 2012. Increases the penalties for trafficking in persons, involuntary servitude, and related offenses. For some Class X offenses, imposes a term of imprisonment of not less than 12 years and not more than 30 years. Amends the Sex Offender Registration Act. Provides that "sex offense" for registration purposes of the Act includes involuntary sexual servitude of a minor on and after January 1, 2019. Amends the Code of Civil Procedure. Provides that a victim of trafficking may bring a civil action against a person who pleads guilty to or is convicted of a human trafficking offense to recover actual damages sustained by the victim, court costs, including reasonable attorney's fees, and punitive damages determined by the court. Provides that an action commenced under the provision shall be filed within 10 years after the latest of the following events: (1) the final order in the related case; (2) the victim's emancipation from the defendant; or (3) the victim's 18th birthday.


LRB100 19063 SLF 34318 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5079LRB100 19063 SLF 34318 b

1    AN ACT concerning human trafficking.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 10-9 as follows:
 
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        (3) "Financial harm" includes intimidation that brings
16    about financial loss, criminal usury, or employment
17    contracts that violate the Frauds Act.
18        (4) (Blank).
19        (5) "Labor" means work of economic or financial value.
20        (6) "Maintain" means, in relation to labor or services,
21    to secure continued performance thereof, regardless of any
22    initial agreement on the part of the victim to perform that
23    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 for
22which the person shall be sentenced to a term of imprisonment
23of not less than 12 years and not more than 30 years, (b)(2) is
24a Class X 1 felony, (b)(3) is a Class 1 2 felony, (b)(4) is a
25Class 2 3 felony, (b)(5) and (b)(6) is a Class 3 4 felony.
26    (c) Involuntary sexual servitude of a minor. A person

 

 

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1commits involuntary sexual servitude of a minor when he or she
2knowingly recruits, entices, harbors, transports, provides, or
3obtains by any means, or attempts to recruit, entice, harbor,
4provide, or obtain by any means, another person under 18 years
5of age, knowing that the minor will engage in commercial sexual
6activity, a sexually-explicit performance, or the production
7of pornography, or causes or attempts to cause a minor to
8engage in one or more of those activities and:
9        (1) there is no overt force or threat and the minor is
10    between the ages of 17 and 18 years;
11        (2) there is no overt force or threat and the minor is
12    under the age of 17 years; or
13        (3) there is overt force or threat.
14    Sentence. Except as otherwise provided in subsection (e) or
15(f), a violation of subsection (c)(1) is a Class X 1 felony,
16(c)(2) is a Class X felony, and (c)(3) is a Class X felony for
17which the person shall be sentenced to a term of imprisonment
18of not less than 12 years and not more than 30 years.
19    (d) Trafficking in persons. A person commits trafficking in
20persons when he or she knowingly: (1) recruits, entices,
21harbors, transports, provides, or obtains by any means, or
22attempts to recruit, entice, harbor, transport, provide, or
23obtain by any means, another person, intending or knowing that
24the person will be subjected to involuntary servitude; or (2)
25benefits, financially or by receiving anything of value, from
26participation in a venture that has engaged in an act of

 

 

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1involuntary servitude or involuntary sexual servitude of a
2minor.
3    Sentence. A Except as otherwise provided in subsection (e)
4or (f), a violation of this subsection (d) is a Class X 1
5felony.
6    (e) Aggravating factors. A violation of this Section
7involving kidnapping or an attempt to kidnap, aggravated
8criminal sexual assault or an attempt to commit aggravated
9criminal sexual assault, or an attempt to commit first degree
10murder is a Class X felony for which the person shall be
11sentenced to a term of imprisonment of not less than 12 years
12and not more than 30 years.
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 10. The Sex Offender Registration Act is amended by
17changing Section 2 as follows:
 
18    (730 ILCS 150/2)  (from Ch. 38, par. 222)
19    Sec. 2. Definitions.
20    (A) As used in this Article, "sex offender" means any
21person who is:
22        (1) charged pursuant to Illinois law, or any
23    substantially similar federal, Uniform Code of Military
24    Justice, sister state, or foreign country law, with a sex

 

 

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1    offense set forth in subsection (B) of this Section or the
2    attempt to commit an included sex offense, and:
3            (a) is convicted of such offense or an attempt to
4        commit such offense; or
5            (b) is found not guilty by reason of insanity of
6        such offense or an attempt to commit such offense; or
7            (c) is found not guilty by reason of insanity
8        pursuant to Section 104-25(c) of the Code of Criminal
9        Procedure of 1963 of such offense or an attempt to
10        commit such offense; or
11            (d) is the subject of a finding not resulting in an
12        acquittal at a hearing conducted pursuant to Section
13        104-25(a) of the Code of Criminal Procedure of 1963 for
14        the alleged commission or attempted commission of such
15        offense; or
16            (e) is found not guilty by reason of insanity
17        following a hearing conducted pursuant to a federal,
18        Uniform Code of Military Justice, sister state, or
19        foreign country law substantially similar to Section
20        104-25(c) of the Code of Criminal Procedure of 1963 of
21        such offense or of the attempted commission of such
22        offense; or
23            (f) is the subject of a finding not resulting in an
24        acquittal at a hearing conducted pursuant to a federal,
25        Uniform Code of Military Justice, sister state, or
26        foreign country law substantially similar to Section

 

 

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1        104-25(a) of the Code of Criminal Procedure of 1963 for
2        the alleged violation or attempted commission of such
3        offense; or
4        (2) declared as a sexually dangerous person pursuant to
5    the Illinois Sexually Dangerous Persons Act, or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law; or
8        (3) subject to the provisions of Section 2 of the
9    Interstate Agreements on Sexually Dangerous Persons Act;
10    or
11        (4) found to be a sexually violent person pursuant to
12    the Sexually Violent Persons Commitment Act or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law; or
15        (5) adjudicated a juvenile delinquent as the result of
16    committing or attempting to commit an act which, if
17    committed by an adult, would constitute any of the offenses
18    specified in item (B), (C), or (C-5) of this Section or a
19    violation of any substantially similar federal, Uniform
20    Code of Military Justice, sister state, or foreign country
21    law, or found guilty under Article V of the Juvenile Court
22    Act of 1987 of committing or attempting to commit an act
23    which, if committed by an adult, would constitute any of
24    the offenses specified in item (B), (C), or (C-5) of this
25    Section or a violation of any substantially similar
26    federal, Uniform Code of Military Justice, sister state, or

 

 

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1    foreign country law.
2    Convictions that result from or are connected with the same
3act, or result from offenses committed at the same time, shall
4be counted for the purpose of this Article as one conviction.
5Any conviction set aside pursuant to law is not a conviction
6for purposes of this Article.
7     For purposes of this Section, "convicted" shall have the
8same meaning as "adjudicated".
9    (B) As used in this Article, "sex offense" means:
10        (1) A violation of any of the following Sections of the
11    Criminal Code of 1961 or the Criminal Code of 2012:
12            11-20.1 (child pornography),
13            11-20.1B or 11-20.3 (aggravated child
14        pornography),
15            11-6 (indecent solicitation of a child),
16            11-9.1 (sexual exploitation of a child),
17            11-9.2 (custodial sexual misconduct),
18            11-9.5 (sexual misconduct with a person with a
19        disability),
20            11-14.4 (promoting juvenile prostitution),
21            11-15.1 (soliciting for a juvenile prostitute),
22            11-18.1 (patronizing a juvenile prostitute),
23            11-17.1 (keeping a place of juvenile
24        prostitution),
25            11-19.1 (juvenile pimping),
26            11-19.2 (exploitation of a child),

 

 

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1            11-25 (grooming),
2            11-26 (traveling to meet a minor or traveling to
3        meet a child),
4            11-1.20 or 12-13 (criminal sexual assault),
5            11-1.30 or 12-14 (aggravated criminal sexual
6        assault),
7            11-1.40 or 12-14.1 (predatory criminal sexual
8        assault of a child),
9            11-1.50 or 12-15 (criminal sexual abuse),
10            11-1.60 or 12-16 (aggravated criminal sexual
11        abuse),
12            12-33 (ritualized abuse of a child).
13            An attempt to commit any of these offenses.
14        (1.5) A violation of any of the following Sections of
15    the Criminal Code of 1961 or the Criminal Code of 2012,
16    when the victim is a person under 18 years of age, the
17    defendant is not a parent of the victim, the offense was
18    sexually motivated as defined in Section 10 of the Sex
19    Offender Evaluation and Treatment Act, and the offense was
20    committed on or after January 1, 1996:
21            10-1 (kidnapping),
22            10-2 (aggravated kidnapping),
23            10-3 (unlawful restraint),
24            10-3.1 (aggravated unlawful restraint).
25        If the offense was committed before January 1, 1996, it
26    is a sex offense requiring registration only when the

 

 

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1    person is convicted of any felony after July 1, 2011, and
2    paragraph (2.1) of subsection (c) of Section 3 of this Act
3    applies.
4        (1.6) First degree murder under Section 9-1 of the
5    Criminal Code of 1961 or the Criminal Code of 2012,
6    provided the offense was sexually motivated as defined in
7    Section 10 of the Sex Offender Management Board Act.
8        (1.7) (Blank).
9        (1.8) A violation or attempted violation of Section
10    11-11 (sexual relations within families) of the Criminal
11    Code of 1961 or the Criminal Code of 2012, and the offense
12    was committed on or after June 1, 1997. If the offense was
13    committed before June 1, 1997, it is a sex offense
14    requiring registration only when the person is convicted of
15    any felony after July 1, 2011, and paragraph (2.1) of
16    subsection (c) of Section 3 of this Act applies.
17        (1.9) Child abduction under paragraph (10) of
18    subsection (b) of Section 10-5 of the Criminal Code of 1961
19    or the Criminal Code of 2012 committed by luring or
20    attempting to lure a child under the age of 16 into a motor
21    vehicle, building, house trailer, or dwelling place
22    without the consent of the parent or lawful custodian of
23    the child for other than a lawful purpose and the offense
24    was committed on or after January 1, 1998, provided the
25    offense was sexually motivated as defined in Section 10 of
26    the Sex Offender Management Board Act. If the offense was

 

 

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1    committed before January 1, 1998, it is a sex offense
2    requiring registration only when the person is convicted of
3    any felony after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies.
5        (1.10) A violation or attempted violation of any of the
6    following Sections of the Criminal Code of 1961 or the
7    Criminal Code of 2012 when the offense was committed on or
8    after July 1, 1999:
9            10-4 (forcible detention, if the victim is under 18
10        years of age), provided the offense was sexually
11        motivated as defined in Section 10 of the Sex Offender
12        Management Board Act,
13            11-6.5 (indecent solicitation of an adult),
14            11-14.3 that involves soliciting for a prostitute,
15        or 11-15 (soliciting for a prostitute, if the victim is
16        under 18 years of age),
17            subdivision (a)(2)(A) or (a)(2)(B) of Section
18        11-14.3, or Section 11-16 (pandering, if the victim is
19        under 18 years of age),
20            11-18 (patronizing a prostitute, if the victim is
21        under 18 years of age),
22            subdivision (a)(2)(C) of Section 11-14.3, or
23        Section 11-19 (pimping, if the victim is under 18 years
24        of age).
25        If the offense was committed before July 1, 1999, it is
26    a sex offense requiring registration only when the person

 

 

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1    is convicted of any felony after July 1, 2011, and
2    paragraph (2.1) of subsection (c) of Section 3 of this Act
3    applies.
4        (1.11) A violation or attempted violation of any of the
5    following Sections of the Criminal Code of 1961 or the
6    Criminal Code of 2012 when the offense was committed on or
7    after August 22, 2002:
8            11-9 or 11-30 (public indecency for a third or
9        subsequent conviction).
10        If the third or subsequent conviction was imposed
11    before August 22, 2002, it is a sex offense requiring
12    registration only when the person is convicted of any
13    felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.12) A violation or attempted violation of Section
16    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
17    Criminal Code of 1961 or the Criminal Code of 2012
18    (permitting sexual abuse) when the offense was committed on
19    or after August 22, 2002. If the offense was committed
20    before August 22, 2002, it is a sex offense requiring
21    registration only when the person is convicted of any
22    felony after July 1, 2011, and paragraph (2.1) of
23    subsection (c) of Section 3 of this Act applies.
24        (1.13) A violation or attempted violation of
25    subsection (c) of Section 10-9 of the Criminal Code of 2012
26    (involuntary sexual servitude of a minor) when the offense

 

 

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1    was committed on or after January 1, 2019. If the offense
2    was committed before January 1, 2019, it is a sex offense
3    requiring registration only when the person is convicted of
4    any felony after January 1, 2019, and paragraph (2.1) of
5    subsection (c) of Section 3 of this Act applies.
6        (2) A violation of any former law of this State
7    substantially equivalent to any offense listed in
8    subsection (B) of this Section.
9    (C) A conviction for an offense of federal law, Uniform
10Code of Military Justice, or the law of another state or a
11foreign country that is substantially equivalent to any offense
12listed in subsections (B), (C), (E), and (E-5) of this Section
13shall constitute a conviction for the purpose of this Article.
14A finding or adjudication as a sexually dangerous person or a
15sexually violent person under any federal law, Uniform Code of
16Military Justice, or the law of another state or foreign
17country that is substantially equivalent to the Sexually
18Dangerous Persons Act or the Sexually Violent Persons
19Commitment Act shall constitute an adjudication for the
20purposes of this Article.
21    (C-5) A person at least 17 years of age at the time of the
22commission of the offense who is convicted of first degree
23murder under Section 9-1 of the Criminal Code of 1961 or the
24Criminal Code of 2012, against a person under 18 years of age,
25shall be required to register for natural life. A conviction
26for an offense of federal, Uniform Code of Military Justice,

 

 

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1sister state, or foreign country law that is substantially
2equivalent to any offense listed in subsection (C-5) of this
3Section shall constitute a conviction for the purpose of this
4Article. This subsection (C-5) applies to a person who
5committed the offense before June 1, 1996 if: (i) the person is
6incarcerated in an Illinois Department of Corrections facility
7on August 20, 2004 (the effective date of Public Act 93-977),
8or (ii) subparagraph (i) does not apply and the person is
9convicted of any felony after July 1, 2011, and paragraph (2.1)
10of subsection (c) of Section 3 of this Act applies.
11    (C-6) A person who is convicted or adjudicated delinquent
12of first degree murder as defined in Section 9-1 of the
13Criminal Code of 1961 or the Criminal Code of 2012, against a
14person 18 years of age or over, shall be required to register
15for his or her natural life. A conviction for an offense of
16federal, Uniform Code of Military Justice, sister state, or
17foreign country law that is substantially equivalent to any
18offense listed in subsection (C-6) of this Section shall
19constitute a conviction for the purpose of this Article. This
20subsection (C-6) does not apply to those individuals released
21from incarceration more than 10 years prior to January 1, 2012
22(the effective date of Public Act 97-154).
23    (D) As used in this Article, "law enforcement agency having
24jurisdiction" means the Chief of Police in each of the
25municipalities in which the sex offender expects to reside,
26work, or attend school (1) upon his or her discharge, parole or

 

 

HB5079- 17 -LRB100 19063 SLF 34318 b

1release or (2) during the service of his or her sentence of
2probation or conditional discharge, or the Sheriff of the
3county, in the event no Police Chief exists or if the offender
4intends to reside, work, or attend school in an unincorporated
5area. "Law enforcement agency having jurisdiction" includes
6the location where out-of-state students attend school and
7where out-of-state employees are employed or are otherwise
8required to register.
9    (D-1) As used in this Article, "supervising officer" means
10the assigned Illinois Department of Corrections parole agent or
11county probation officer.
12    (E) As used in this Article, "sexual predator" means any
13person who, after July 1, 1999, is:
14        (1) Convicted for an offense of federal, Uniform Code
15    of Military Justice, sister state, or foreign country law
16    that is substantially equivalent to any offense listed in
17    subsection (E) or (E-5) of this Section shall constitute a
18    conviction for the purpose of this Article. Convicted of a
19    violation or attempted violation of any of the following
20    Sections of the Criminal Code of 1961 or the Criminal Code
21    of 2012:
22            10-5.1 (luring of a minor),
23            11-14.4 that involves keeping a place of juvenile
24        prostitution, or 11-17.1 (keeping a place of juvenile
25        prostitution),
26            subdivision (a)(2) or (a)(3) of Section 11-14.4,

 

 

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1        or Section 11-19.1 (juvenile pimping),
2            subdivision (a)(4) of Section 11-14.4, or Section
3        11-19.2 (exploitation of a child),
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-1.20 or 12-13 (criminal sexual assault),
8            11-1.30 or 12-14 (aggravated criminal sexual
9        assault),
10            11-1.40 or 12-14.1 (predatory criminal sexual
11        assault of a child),
12            11-1.60 or 12-16 (aggravated criminal sexual
13        abuse),
14            12-33 (ritualized abuse of a child);
15        (2) (blank);
16        (3) declared as a sexually dangerous person pursuant to
17    the Sexually Dangerous Persons Act or any substantially
18    similar federal, Uniform Code of Military Justice, sister
19    state, or foreign country law;
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law;
24        (5) convicted of a second or subsequent offense which
25    requires registration pursuant to this Act. For purposes of
26    this paragraph (5), "convicted" shall include a conviction

 

 

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1    under any substantially similar Illinois, federal, Uniform
2    Code of Military Justice, sister state, or foreign country
3    law;
4        (6) (blank); or
5        (7) if the person was convicted of an offense set forth
6    in this subsection (E) on or before July 1, 1999, the
7    person is a sexual predator for whom registration is
8    required only when the person is convicted of a felony
9    offense after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies.
11    (E-5) As used in this Article, "sexual predator" also means
12a person convicted of a violation or attempted violation of any
13of the following Sections of the Criminal Code of 1961 or the
14Criminal Code of 2012:
15        (1) Section 9-1 (first degree murder, when the victim
16    was a person under 18 years of age and the defendant was at
17    least 17 years of age at the time of the commission of the
18    offense, provided the offense was sexually motivated as
19    defined in Section 10 of the Sex Offender Management Board
20    Act);
21        (2) Section 11-9.5 (sexual misconduct with a person
22    with a disability);
23        (3) when the victim is a person under 18 years of age,
24    the defendant is not a parent of the victim, the offense
25    was sexually motivated as defined in Section 10 of the Sex
26    Offender Management Board Act, and the offense was

 

 

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1    committed on or after January 1, 1996: (A) Section 10-1
2    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
3    (C) Section 10-3 (unlawful restraint), and (D) Section
4    10-3.1 (aggravated unlawful restraint); and
5        (4) Section 10-5(b)(10) (child abduction committed by
6    luring or attempting to lure a child under the age of 16
7    into a motor vehicle, building, house trailer, or dwelling
8    place without the consent of the parent or lawful custodian
9    of the child for other than a lawful purpose and the
10    offense was committed on or after January 1, 1998, provided
11    the offense was sexually motivated as defined in Section 10
12    of the Sex Offender Management Board Act).
13    (E-10) As used in this Article, "sexual predator" also
14means a person required to register in another State due to a
15conviction, adjudication or other action of any court
16triggering an obligation to register as a sex offender, sexual
17predator, or substantially similar status under the laws of
18that State.
19    (F) As used in this Article, "out-of-state student" means
20any sex offender, as defined in this Section, or sexual
21predator who is enrolled in Illinois, on a full-time or
22part-time basis, in any public or private educational
23institution, including, but not limited to, any secondary
24school, trade or professional institution, or institution of
25higher learning.
26    (G) As used in this Article, "out-of-state employee" means

 

 

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1any sex offender, as defined in this Section, or sexual
2predator who works in Illinois, regardless of whether the
3individual receives payment for services performed, for a
4period of time of 10 or more days or for an aggregate period of
5time of 30 or more days during any calendar year. Persons who
6operate motor vehicles in the State accrue one day of
7employment time for any portion of a day spent in Illinois.
8    (H) As used in this Article, "school" means any public or
9private educational institution, including, but not limited
10to, any elementary or secondary school, trade or professional
11institution, or institution of higher education.
12    (I) As used in this Article, "fixed residence" means any
13and all places that a sex offender resides for an aggregate
14period of time of 5 or more days in a calendar year.
15    (J) As used in this Article, "Internet protocol address"
16means the string of numbers by which a location on the Internet
17is identified by routers or other computers connected to the
18Internet.
19(Source: P.A. 100-428, eff. 1-1-18.)
 
20    Section 15. The Code of Civil Procedure is amended by
21adding Section 13-202.4 as follows:
 
22    (735 ILCS 5/13-202.4 new)
23    Sec. 13-202.4. Victim of trafficking.
24    A victim of trafficking may bring a civil action against a

 

 

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1person who pleads guilty to or is convicted of a violation of
2Section 10-9 of the Criminal Code of 2012 to recover actual
3damages sustained by the victim, court costs, including
4reasonable attorney's fees, and punitive damages determined by
5the court. An action commenced under this Section shall be
6filed within 10 years after the latest of the following events:
7        (1) the final order in the related case;
8        (2) the victim's emancipation from the defendant; or
9        (3) the victim's 18th birthday.