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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5106 Introduced 2/8/2024, by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides for enhanced mandatory sentences of imprisonment for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor and aggravating factors concerning those offenses.
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| | A BILL FOR |
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| | HB5106 | | LRB103 33853 RLC 63668 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Section 10-9 as follows: |
6 | | (720 ILCS 5/10-9) |
7 | | Sec. 10-9. Trafficking in persons, involuntary servitude, |
8 | | and related offenses. |
9 | | (a) Definitions. In this Section: |
10 | | (1) "Intimidation" has the meaning prescribed in Section |
11 | | 12-6. |
12 | | (2) "Commercial sexual activity" means any sex act on |
13 | | account of which anything of value is given, promised to, or |
14 | | received by any person.
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15 | | (2.5) "Company" means any sole proprietorship, |
16 | | organization, association, corporation, partnership, joint |
17 | | venture, limited partnership, limited liability partnership, |
18 | | limited liability limited partnership, limited liability |
19 | | company, or other entity or business association, including |
20 | | all wholly owned subsidiaries, majority-owned subsidiaries, |
21 | | parent companies, or affiliates of those entities or business |
22 | | associations, that exist for the purpose of making profit. |
23 | | (3) "Financial harm" includes intimidation that brings |
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1 | | about financial loss, criminal usury, or employment contracts |
2 | | that violate the Frauds Act. |
3 | | (4) (Blank). |
4 | | (5) "Labor" means work of economic or financial value. |
5 | | (6) "Maintain" means, in relation to labor or services, to |
6 | | secure continued performance thereof, regardless of any |
7 | | initial agreement on the part of the victim to perform that |
8 | | type of service. |
9 | | (7) "Obtain" means, in relation to labor or services, to |
10 | | secure performance thereof. |
11 | | (7.5) "Serious harm" means any harm, whether physical or |
12 | | nonphysical, including psychological, financial, or |
13 | | reputational harm, that is sufficiently serious, under all the |
14 | | surrounding circumstances, to compel a reasonable person of |
15 | | the same background and in the same circumstances to perform |
16 | | or to continue performing labor or services in order to avoid |
17 | | incurring that harm. |
18 | | (8) "Services" means activities resulting from a |
19 | | relationship between a person and the actor in which the |
20 | | person performs activities under the supervision of or for the |
21 | | benefit of the actor. Commercial sexual activity and |
22 | | sexually-explicit performances are forms of activities that |
23 | | are "services" under this Section. Nothing in this definition |
24 | | may be construed to legitimize or legalize prostitution. |
25 | | (9) "Sexually-explicit performance" means a live, |
26 | | recorded, broadcast (including over the Internet), or public |
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1 | | act or show intended to arouse or satisfy the sexual desires or |
2 | | appeal to the prurient interests of patrons. |
3 | | (10) "Trafficking victim" means a person subjected to the |
4 | | practices set forth in subsection (b), (c), or (d). |
5 | | (b) Involuntary servitude. A person commits involuntary |
6 | | servitude when he or she knowingly subjects, attempts to |
7 | | subject, or engages in a conspiracy to subject another person |
8 | | to labor or services obtained or maintained through any of the |
9 | | following means, or any combination of these means: |
10 | | (1) causes or threatens to cause physical harm to any |
11 | | person; |
12 | | (2) physically restrains or threatens to physically |
13 | | restrain another person; |
14 | | (3) abuses or threatens to abuse the law or legal |
15 | | process; |
16 | | (4) knowingly destroys, conceals, removes, |
17 | | confiscates, or possesses any actual or purported passport |
18 | | or other immigration document, or any other actual or |
19 | | purported government identification document, of another |
20 | | person; |
21 | | (5) uses intimidation, or exerts financial control |
22 | | over any person; or |
23 | | (6) uses any scheme, plan, or pattern intended to |
24 | | cause the person to believe that, if the person did not |
25 | | perform the labor or services, that person or another |
26 | | person would suffer serious harm or physical restraint. |
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1 | | Sentence. Except as otherwise provided in subsection (e) |
2 | | or (f), a violation of subsection (b)(1) is a Class X felony |
3 | | for which a person shall be sentenced to a term of imprisonment |
4 | | of not less than 12 years and not more than 60 years , (b)(2) is |
5 | | a Class 1 felony for which a person shall be sentenced to a |
6 | | term of imprisonment of not less than 8 years and not more than |
7 | | 30 years , (b)(3) is a Class 2 felony for which a person shall |
8 | | be sentenced to a term of imprisonment of not less than 6 years |
9 | | and not more than 14 years , (b)(4) is a Class 3 felony for |
10 | | which a person shall be sentenced to a term of imprisonment of |
11 | | not less 4 years and not more than 10 years , (b)(5) and (b)(6) |
12 | | is a Class 4 felony for which a person shall be sentenced to a |
13 | | term of imprisonment of not less than 2 years and not more than |
14 | | 8 years . |
15 | | (c) Involuntary sexual servitude of a minor. A person |
16 | | commits involuntary sexual servitude of a minor when he or she |
17 | | knowingly recruits, entices, harbors, transports, provides, or |
18 | | obtains by any means, or attempts to recruit, entice, harbor, |
19 | | provide, or obtain by any means, another person under 18 years |
20 | | of age, knowing that the minor will engage in commercial |
21 | | sexual activity, a sexually-explicit performance, or the |
22 | | production of pornography, or causes or attempts to cause a |
23 | | minor to engage in one or more of those activities and: |
24 | | (1) there is no overt force or threat and the minor is |
25 | | between the ages of 17 and 18 years; |
26 | | (2) there is no overt force or threat and the minor is |
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1 | | under the age of 17 years; or |
2 | | (3) there is overt force or threat. |
3 | | Sentence. Except as otherwise provided in subsection (e) |
4 | | or (f), a violation of subsection (c)(1) is a Class 1 felony |
5 | | for which a person shall be sentenced to a term of imprisonment |
6 | | of not less than 8 years and not more than 30 years , (c)(2) is |
7 | | a Class X felony for which a person shall be sentenced to a |
8 | | term of imprisonment of not less than 12 years and not more |
9 | | than 60 years , and (c)(3) is a Class X felony for which a |
10 | | person shall be sentenced to a term of imprisonment of not less |
11 | | than 12 years and not more than 60 years . |
12 | | (d) Trafficking in persons. A person commits trafficking |
13 | | in persons when he or she knowingly: (1) recruits, entices, |
14 | | harbors, transports, provides, or obtains by any means, or |
15 | | attempts to recruit, entice, harbor, transport, provide, or |
16 | | obtain by any means, another person, intending or knowing that |
17 | | the person will be subjected to involuntary servitude; or (2) |
18 | | benefits, financially or by receiving anything of value, from |
19 | | participation in a venture that has engaged in an act of |
20 | | involuntary servitude or involuntary sexual servitude of a |
21 | | minor. A company commits trafficking in persons when the |
22 | | company knowingly benefits, financially or by receiving |
23 | | anything of value, from participation in a venture that has |
24 | | engaged in an act of involuntary servitude or involuntary |
25 | | sexual servitude of a minor. |
26 | | Sentence. Except as otherwise provided in subsection (e) |
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1 | | or (f), a violation of this subsection by a person is a Class 1 |
2 | | felony for which a person shall be sentenced to a term of |
3 | | imprisonment of not less than 8 years and not more than 30 |
4 | | years . A violation of this subsection by a company is a |
5 | | business offense for which a fine of up to $100,000 may be |
6 | | imposed. |
7 | | (e) Aggravating factors. A violation of this Section |
8 | | involving kidnapping or an attempt to kidnap, aggravated |
9 | | criminal sexual assault or an attempt to commit aggravated |
10 | | criminal sexual assault, or an attempt to commit first degree |
11 | | murder is a Class X felony for which a person shall be |
12 | | sentenced to a term of imprisonment of not less than 20 years |
13 | | and not more than 60 years . |
14 | | (f) Sentencing considerations. |
15 | | (1) Bodily injury. If, pursuant to a violation of this |
16 | | Section, a victim
suffered bodily injury, the defendant |
17 | | may be sentenced to an extended-term sentence under |
18 | | Section 5-8-2 of the Unified Code of Corrections. The |
19 | | sentencing court must take into account the time in which |
20 | | the victim was held in servitude, with increased penalties |
21 | | for cases in which the victim was held for between 180 days |
22 | | and one year, and increased penalties for cases in which |
23 | | the victim was held for more than one year. |
24 | | (2) Number of victims. In determining sentences within |
25 | | statutory maximums, the sentencing court should take into |
26 | | account the number of victims, and may provide for |
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1 | | substantially increased sentences in cases involving more |
2 | | than 10 victims. |
3 | | (g) Restitution. Restitution is mandatory under this |
4 | | Section. In addition to any other amount of loss identified, |
5 | | the court shall order restitution including the greater of (1) |
6 | | the gross income or value to the defendant of the victim's |
7 | | labor or services or (2) the value of the victim's labor as |
8 | | guaranteed under the Minimum Wage Law and overtime provisions |
9 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
10 | | whichever is greater. |
11 | | (g-5) Fine distribution. If the court imposes a fine under |
12 | | subsection (b), (c), or (d) of this Section, it shall be |
13 | | collected and distributed to the Specialized Services for |
14 | | Survivors of Human Trafficking Fund in accordance with Section |
15 | | 5-9-1.21 of the Unified Code of Corrections. |
16 | | (h) Trafficking victim services. Subject to the |
17 | | availability of funds, the Department of Human Services may |
18 | | provide or fund emergency services and assistance to |
19 | | individuals who are victims of one or more offenses defined in |
20 | | this Section.
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21 | | (i) Certification. The Attorney General, a State's |
22 | | Attorney, or any law enforcement official shall certify in |
23 | | writing to the United States Department of Justice or other |
24 | | federal agency, such as the United States Department of |
25 | | Homeland Security, that an investigation or prosecution under |
26 | | this Section has begun and the individual who is a likely |
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1 | | victim of a crime described in this Section is willing to |
2 | | cooperate or is cooperating with the investigation to enable |
3 | | the individual, if eligible under federal law, to qualify for |
4 | | an appropriate special immigrant visa and to access available |
5 | | federal benefits. Cooperation with law enforcement shall not |
6 | | be required of victims of a crime described in this Section who |
7 | | are under 18 years of age. This certification shall be made |
8 | | available to the victim and his or her designated legal |
9 | | representative. |
10 | | (j) A person who commits involuntary servitude, |
11 | | involuntary sexual servitude of a minor, or trafficking in |
12 | | persons under subsection (b), (c), or (d) of this Section is |
13 | | subject to the property forfeiture provisions set forth in |
14 | | Article 124B of the Code of Criminal Procedure of 1963.
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15 | | (Source: P.A. 101-18, eff. 1-1-20 .)
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