99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3565

 

Introduced , by Rep. Jehan A. Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/10-9

    Amends the Criminal Code of 2012. Provides that a person also commits involuntary sexual servitude of a minor when he or she knowingly advertises or attempts to advertise another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography. Provides that depending on the circumstances a violation is a Class 1 or Class X felony.


LRB099 08159 RLC 28310 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3565LRB099 08159 RLC 28310 b

1    AN ACT concerning criminal law.
 
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.

 

 

HB3565- 2 -LRB099 08159 RLC 28310 b

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

 

 

HB3565- 3 -LRB099 08159 RLC 28310 b

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,

 

 

HB3565- 4 -LRB099 08159 RLC 28310 b

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

 

 

HB3565- 5 -LRB099 08159 RLC 28310 b

1(f), a violation of this subsection is a Class 1 felony.
2    (e) Aggravating factors. A violation of this Section
3involving kidnapping or an attempt to kidnap, aggravated
4criminal sexual assault or an attempt to commit aggravated
5criminal sexual assault, or an attempt to commit first degree
6murder is a Class X felony.
7    (f) Sentencing considerations.
8        (1) Bodily injury. If, pursuant to a violation of this
9    Section, a victim suffered bodily injury, the defendant may
10    be sentenced to an extended-term sentence under Section
11    5-8-2 of the Unified Code of Corrections. The sentencing
12    court must take into account the time in which the victim
13    was held in servitude, with increased penalties for cases
14    in which the victim was held for between 180 days and one
15    year, and increased penalties for cases in which the victim
16    was held for more than one year.
17        (2) Number of victims. In determining sentences within
18    statutory maximums, the sentencing court should take into
19    account the number of victims, and may provide for
20    substantially increased sentences in cases involving more
21    than 10 victims.
22    (g) Restitution. Restitution is mandatory under this
23Section. In addition to any other amount of loss identified,
24the court shall order restitution including the greater of (1)
25the gross income or value to the defendant of the victim's
26labor or services or (2) the value of the victim's labor as

 

 

HB3565- 6 -LRB099 08159 RLC 28310 b

1guaranteed under the Minimum Wage Law and overtime provisions
2of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
3whichever is greater.
4    (g-5) Fine distribution. If the court imposes a fine under
5subsection (b), (c), or (d) of this Section, it shall be
6collected and distributed to the Specialized Services for
7Survivors of Human Trafficking Fund in accordance with Section
85-9-1.21 of the Unified Code of Corrections.
9    (h) Trafficking victim services. Subject to the
10availability of funds, the Department of Human Services may
11provide or fund emergency services and assistance to
12individuals who are victims of one or more offenses defined in
13this Section.
14    (i) Certification. The Attorney General, a State's
15Attorney, or any law enforcement official shall certify in
16writing to the United States Department of Justice or other
17federal agency, such as the United States Department of
18Homeland Security, that an investigation or prosecution under
19this Section has begun and the individual who is a likely
20victim of a crime described in this Section is willing to
21cooperate or is cooperating with the investigation to enable
22the individual, if eligible under federal law, to qualify for
23an appropriate special immigrant visa and to access available
24federal benefits. Cooperation with law enforcement shall not be
25required of victims of a crime described in this Section who
26are under 18 years of age. This certification shall be made

 

 

HB3565- 7 -LRB099 08159 RLC 28310 b

1available to the victim and his or her designated legal
2representative.
3    (j) A person who commits involuntary servitude,
4involuntary sexual servitude of a minor, or trafficking in
5persons under subsection (b), (c), or (d) of this Section is
6subject to the property forfeiture provisions set forth in
7Article 124B of the Code of Criminal Procedure of 1963.
8(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
998-1013, eff. 1-1-15.)