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Synopsis As Introduced Amends the Criminal Code of 1961. Creates the offenses of involuntary servitude, sexual servitude of a minor, and trafficking of persons for forced labor and services. Mandates restitution. Provides that the Attorney General, in cooperation with the Administrative Office of the Illinois Courts, State's Attorneys, circuit court officials, the Department of Human Services, and the Department of Public Aid shall ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and State public benefits programs, victim protection services and immigration assistance services, where applicable. Provides that State's Attorneys shall refer an immigrant victim to the Attorney General for certification that the individual is a victim of trafficking or involuntary servitude so that the individual can qualify for a special immigrant visa and can have access to available federal benefits. Provides that the Attorney General, in consultation with the Department of Human Services, the Department of Public Aid and the Administrative Office of the Illinois Courts, shall, within 6 months after the effective date of this amendatory Act, determine and issue a report on how existing social services, public aid programs and victim protecting laws and rules respond to the needs of victims of trafficking and involuntary servitude.
House Committee Amendment No. 1 Defines "forced labor or services" to include labor or services that are performed or provided by another person and are maintained through any scheme, plan, or pattern intending to cause or threatening to cause serious harm to any person. Provides that a "sexually-explicit performance" includes a recorded or broadcast act or show including a broadcast over the Internet. Changes references from "servitude" to "involuntary servitude". Provides that subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses created by the amendatory Act. Deletes provisions that the Attorney General, in cooperation with the Administrative Office of the Illinois Courts, State's Attorneys, circuit court officials, the Department of Human Services, and the Department of Public Aid shall ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and State public benefits programs, victim protection services and immigration assistance services, where applicable. Deletes provisions that State's Attorneys shall refer an immigrant victim to the Attorney General for certification that the individual is a victim of trafficking or involuntary servitude so that the individual can qualify for a special immigrant visa and can have access to available federal benefits. Deletes provisions that the Attorney General, in consultation with the Department of Human Services, the Department of Public Aid and the Administrative Office of the Illinois Courts, shall, within 6 months after the effective date of this amendatory Act, determine and issue a report on how existing social services, public aid programs and victim protecting laws and rules respond to the needs of victims of trafficking and involuntary servitude.
Senate Committee Amendment No. 1 Deletes sentencing enhancements if death results. Provides that restitution for the various violations of the provisions of the amendatory Act include the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act or the Minimum Wage Law, whichever is greater.
Provides that a person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons for forced labor or services shall forfeit to the State of Illinois any profits or proceeds and any interest or property he or she has acquired or maintained in violation of these provisions that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of maintaining a person in involuntary servitude or participating in trafficking in persons for forced labor or services. Provides that upon conviction of a person of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services, the court shall authorize the Attorney General to seize all property or other interest declared forfeited upon such terms and conditions as the court shall deem proper. Provides that all monies forfeited and the sale proceeds of all other property forfeited and seized under these provisions shall be distributed as follows: (1) one-half shall be divided equally among all State agencies and units of local government whose officers or employees conducted the investigation which resulted in the forfeiture; and (2) one-half shall be deposited into the Violent Crime Victims Assistance Fund and targeted to services for victims of the offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services. Provides that the Attorney General, State's Attorneys, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under Article 10A of the Code has begun and the individual who is a likely victim of a crime described in Article 10A is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Provides that cooperation with law enforcement is not required of victims of a crime described in Article 10A who are under 18 years of age. Provides that the certification shall be made available to the victim and his or her designated legal representative.
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