Full Text of SB1890 101st General Assembly
SB1890ham002 101ST GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 5/21/2019
| | 10100SB1890ham002 | | LRB101 07959 TAE 60920 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1890
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1890 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Lodging Services Human Trafficking Recognition Training Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of Human Services. | 8 | | "Employee" means a person employed by a lodging | 9 | | establishment who has recurring interactions with the public, | 10 | | including, but not limited to, an employee who works in a | 11 | | reception area, performs housekeeping duties, helps customers | 12 | | in moving their possessions, or transports by vehicle customers | 13 | | of the lodging establishment. | 14 | | "Human trafficking" means the deprivation or violation of | 15 | | the personal liberty of another with the intent to obtain | 16 | | forced labor or services, procure or sell the individual for |
| | | 10100SB1890ham002 | - 2 - | LRB101 07959 TAE 60920 a |
|
| 1 | | commercial sex, or exploit the individual in obscene matter. | 2 | | Depriving or violating a person's liberty includes substantial | 3 | | and sustained restriction of another's liberty accomplished | 4 | | through fraud, deceit, coercion, violence, duress, menace, or | 5 | | threat of unlawful injury to the victim or to another person, | 6 | | under circumstances where the person receiving or apprehending | 7 | | the threat reasonably believes that it is likely that the | 8 | | person making the threat would carry it out.
| 9 | | "Lodging establishment" means an establishment classified | 10 | | as a hotel or motel in the 2017 North American Industry | 11 | | Classification System under code 721110, and an establishment | 12 | | classified as a casino hotel in the 2017 North American | 13 | | Industry Classification System under code 721120. | 14 | | Section 10. Human trafficking recognition training. | 15 | | Beginning June 1, 2020, a lodging establishment shall provide | 16 | | its employees with training in the recognition of human | 17 | | trafficking and protocols for reporting observed human | 18 | | trafficking to the appropriate authority. The employees must | 19 | | complete the training within 6 months after beginning | 20 | | employment in such role with the lodging establishment and | 21 | | every 2 years thereafter, if still employed by the lodging | 22 | | establishment. The training shall be at least 20 minutes in | 23 | | duration. | 24 | | Section 15. Human trafficking recognition training |
| | | 10100SB1890ham002 | - 3 - | LRB101 07959 TAE 60920 a |
|
| 1 | | curriculum. | 2 | | (a) A lodging establishment may use its own human | 3 | | trafficking training program or that of a third party and be in | 4 | | full compliance with this Act if the human trafficking training | 5 | | program includes, at a minimum, all of the following: | 6 | | (1) a definition of human trafficking and commercial | 7 | | exploitation of children; | 8 | | (2) guidance on how to identify individuals who are | 9 | | most at risk for human trafficking; | 10 | | (3) the difference between human trafficking for | 11 | | purposes of labor and for purposes of sex as the | 12 | | trafficking relates to lodging establishments; and | 13 | | (4) guidance on the role of lodging establishment | 14 | | employees in reporting and responding to instances of human | 15 | | trafficking. | 16 | | (b) The Department shall develop a curriculum for an | 17 | | approved human trafficking training recognition program which | 18 | | shall be used by a lodging establishment that does not | 19 | | administer its own human trafficking recognition program as | 20 | | described in subsection (a). The human trafficking training | 21 | | recognition program developed by the Department shall include, | 22 | | at a minimum, all of the following: | 23 | | (1) a definition of human trafficking and commercial | 24 | | exploitation of children; | 25 | | (2) guidance on how to identify individuals who are | 26 | | most at risk for human trafficking; |
| | | 10100SB1890ham002 | - 4 - | LRB101 07959 TAE 60920 a |
|
| 1 | | (3) the difference between human trafficking for | 2 | | purposes of labor and for purposes of sex as the | 3 | | trafficking relates to lodging establishments; and | 4 | | (4) guidance on the role of lodging establishment | 5 | | employees in reporting and responding to instances of human | 6 | | trafficking. | 7 | | The Department may consult the United States Department of | 8 | | Justice for the human trafficking recognition training program | 9 | | developed under this subsection. | 10 | | The Department shall develop and publish the human | 11 | | trafficking recognition training program described in this | 12 | | subsection no later than July 1, 2020. | 13 | | Section 100. The Department of State Police Law of the
| 14 | | Civil Administrative Code of Illinois is amended by adding | 15 | | Section 2605-99 as follows: | 16 | | (20 ILCS 2605/2605-99 new) | 17 | | Sec. 2605-99. Training; human trafficking. The Director | 18 | | shall conduct or approve a training program in the detection | 19 | | and investigation of all forms of human trafficking, including, | 20 | | but not limited to "involuntary servitude" under subsection (b) | 21 | | of Section 10-9 of the Criminal Code of 2012, "involuntary | 22 | | sexual servitude of a minor" under subsection (c) of Section | 23 | | 10-9 of the Criminal Code of 2012, and "trafficking in persons" | 24 | | under subsection (d) of Section 10-9 of the Criminal Code of |
| | | 10100SB1890ham002 | - 5 - | LRB101 07959 TAE 60920 a |
|
| 1 | | 2012. This program shall be made available to all cadets and | 2 | | state police officers. | 3 | | Section 105. The Illinois Police Training Act is amended by | 4 | | changing Section 7 and by adding Section 10.23 as follows:
| 5 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 6 | | Sec. 7. Rules and standards for schools. The Board shall | 7 | | adopt rules and
minimum standards for such schools which shall | 8 | | include, but not be limited to,
the following:
| 9 | | a. The curriculum for probationary police officers | 10 | | which shall be
offered by all certified schools shall | 11 | | include, but not be limited to,
courses of procedural | 12 | | justice, arrest and use and control tactics, search and | 13 | | seizure, including temporary questioning, civil rights, | 14 | | human rights, human relations,
cultural competency, | 15 | | including implicit bias and racial and ethnic sensitivity,
| 16 | | criminal law, law of criminal procedure, constitutional | 17 | | and proper use of law enforcement authority, vehicle and | 18 | | traffic law including
uniform and non-discriminatory | 19 | | enforcement of the Illinois Vehicle Code,
traffic control | 20 | | and accident investigation, techniques of obtaining
| 21 | | physical evidence, court testimonies, statements, reports, | 22 | | firearms
training, training in the use of electronic | 23 | | control devices, including the psychological and | 24 | | physiological effects of the use of those devices on |
| | | 10100SB1890ham002 | - 6 - | LRB101 07959 TAE 60920 a |
|
| 1 | | humans, first-aid (including cardiopulmonary | 2 | | resuscitation), training in the administration of opioid | 3 | | antagonists as defined in paragraph (1) of subsection (e) | 4 | | of Section 5-23 of the Substance Use Disorder Act, handling | 5 | | of
juvenile offenders, recognition of
mental conditions | 6 | | and crises, including, but not limited to, the disease of | 7 | | addiction, which require immediate assistance and response | 8 | | and methods to
safeguard and provide assistance to a person | 9 | | in need of mental
treatment, recognition of abuse, neglect, | 10 | | financial exploitation, and self-neglect of adults with | 11 | | disabilities and older adults, as defined in Section 2 of | 12 | | the Adult Protective Services Act, crimes against the | 13 | | elderly, law of evidence, the hazards of high-speed police | 14 | | vehicle
chases with an emphasis on alternatives to the | 15 | | high-speed chase, and
physical training. The curriculum | 16 | | shall include specific training in
techniques for | 17 | | immediate response to and investigation of cases of | 18 | | domestic
violence and of sexual assault of adults and | 19 | | children, including cultural perceptions and common myths | 20 | | of sexual assault and sexual abuse as well as interview | 21 | | techniques that are age sensitive and are trauma informed, | 22 | | victim centered, and victim sensitive. The curriculum | 23 | | shall include
training in techniques designed to promote | 24 | | effective
communication at the initial contact with crime | 25 | | victims and ways to comprehensively
explain to victims and | 26 | | witnesses their rights under the Rights
of Crime Victims |
| | | 10100SB1890ham002 | - 7 - | LRB101 07959 TAE 60920 a |
|
| 1 | | and Witnesses Act and the Crime
Victims Compensation Act. | 2 | | The curriculum shall also include training in effective | 3 | | recognition of and responses to stress, trauma, and | 4 | | post-traumatic stress experienced by police officers. The | 5 | | curriculum shall also include a block of instruction aimed | 6 | | at identifying and interacting with persons with autism and | 7 | | other developmental or physical disabilities, reducing | 8 | | barriers to reporting crimes against persons with autism, | 9 | | and addressing the unique challenges presented by cases | 10 | | involving victims or witnesses with autism and other | 11 | | developmental disabilities. The curriculum shall include | 12 | | training in the detection and investigation of all forms of | 13 | | human trafficking. The curriculum for
permanent police | 14 | | officers shall include, but not be limited to: (1) | 15 | | refresher
and in-service training in any of the courses | 16 | | listed above in this
subparagraph, (2) advanced courses in | 17 | | any of the subjects listed above in
this subparagraph, (3) | 18 | | training for supervisory personnel, and (4)
specialized | 19 | | training in subjects and fields to be selected by the | 20 | | board. The training in the use of electronic control | 21 | | devices shall be conducted for probationary police | 22 | | officers, including University police officers.
| 23 | | b. Minimum courses of study, attendance requirements | 24 | | and equipment
requirements.
| 25 | | c. Minimum requirements for instructors.
| 26 | | d. Minimum basic training requirements, which a |
| | | 10100SB1890ham002 | - 8 - | LRB101 07959 TAE 60920 a |
|
| 1 | | probationary police
officer must satisfactorily complete | 2 | | before being eligible for permanent
employment as a local | 3 | | law enforcement officer for a participating local
| 4 | | governmental agency. Those requirements shall include | 5 | | training in first aid
(including cardiopulmonary | 6 | | resuscitation).
| 7 | | e. Minimum basic training requirements, which a | 8 | | probationary county
corrections officer must | 9 | | satisfactorily complete before being eligible for
| 10 | | permanent employment as a county corrections officer for a | 11 | | participating
local governmental agency.
| 12 | | f. Minimum basic training requirements which a | 13 | | probationary court
security officer must satisfactorily | 14 | | complete before being eligible for
permanent employment as | 15 | | a court security officer for a participating local
| 16 | | governmental agency. The Board shall
establish those | 17 | | training requirements which it considers appropriate for | 18 | | court
security officers and shall certify schools to | 19 | | conduct that training.
| 20 | | A person hired to serve as a court security officer | 21 | | must obtain from the
Board a certificate (i) attesting to | 22 | | his or her successful completion of the
training course; | 23 | | (ii) attesting to his or her satisfactory
completion of a | 24 | | training program of similar content and number of hours | 25 | | that
has been found acceptable by the Board under the | 26 | | provisions of this Act; or
(iii) attesting to the Board's |
| | | 10100SB1890ham002 | - 9 - | LRB101 07959 TAE 60920 a |
|
| 1 | | determination that the training
course is unnecessary | 2 | | because of the person's extensive prior law enforcement
| 3 | | experience.
| 4 | | Individuals who currently serve as court security | 5 | | officers shall be deemed
qualified to continue to serve in | 6 | | that capacity so long as they are certified
as provided by | 7 | | this Act within 24 months of June 1, 1997 (the effective | 8 | | date of Public Act 89-685). Failure to be so certified, | 9 | | absent a waiver from the
Board, shall cause the officer to | 10 | | forfeit his or her position.
| 11 | | All individuals hired as court security officers on or | 12 | | after June 1, 1997 (the effective
date of Public Act | 13 | | 89-685) shall be certified within 12 months of the
date of | 14 | | their hire, unless a waiver has been obtained by the Board, | 15 | | or they
shall forfeit their positions.
| 16 | | The Sheriff's Merit Commission, if one exists, or the | 17 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 18 | | shall maintain a list of all
individuals who have filed | 19 | | applications to become court security officers and
who meet | 20 | | the eligibility requirements established under this Act. | 21 | | Either
the Sheriff's Merit Commission, or the Sheriff's | 22 | | Office if no Sheriff's Merit
Commission exists, shall | 23 | | establish a schedule of reasonable intervals for
| 24 | | verification of the applicants' qualifications under
this | 25 | | Act and as established by the Board.
| 26 | | g. Minimum in-service training requirements, which a |
| | | 10100SB1890ham002 | - 10 - | LRB101 07959 TAE 60920 a |
|
| 1 | | police officer must satisfactorily complete every 3 years. | 2 | | Those requirements shall include constitutional and proper | 3 | | use of law enforcement authority, procedural justice, | 4 | | civil rights, human rights, mental health awareness and | 5 | | response, and cultural competency. | 6 | | h. Minimum in-service training requirements, which a | 7 | | police officer must satisfactorily complete at least | 8 | | annually. Those requirements shall include law updates and | 9 | | use of force training which shall include scenario based | 10 | | training, or similar training approved by the Board. | 11 | | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | 12 | | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | 13 | | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | 14 | | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
| 15 | | (50 ILCS 705/10.23 new) | 16 | | Sec. 10.23. Training; human trafficking. The Board shall | 17 | | conduct or approve an in-service training program in the | 18 | | detection and investigation of all forms of human trafficking, | 19 | | including, but not limited to, "involuntary servitude" under | 20 | | subsection (b) of Section 10-9 of the Criminal Code of 2012, | 21 | | "involuntary sexual servitude of a minor" under subsection (c) | 22 | | of Section 10-9 of the Criminal Code of 2012, and "trafficking | 23 | | in persons" under subsection (d) of Section 10-9 of the | 24 | | Criminal Code of 2012. This program shall be made available to | 25 | | all certified law enforcement, correctional, and court |
| | | 10100SB1890ham002 | - 11 - | LRB101 07959 TAE 60920 a |
|
| 1 | | security officers. | 2 | | Section 110. The Criminal Code of 2012 is amended by | 3 | | changing Sections 3-6 and 10-9 as follows:
| 4 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 5 | | Sec. 3-6. Extended limitations. The period within which a | 6 | | prosecution
must be commenced under the provisions of Section | 7 | | 3-5 or other applicable
statute is extended under the following | 8 | | conditions:
| 9 | | (a) A prosecution for theft involving a breach of a | 10 | | fiduciary obligation
to the aggrieved person may be commenced | 11 | | as follows:
| 12 | | (1) If the aggrieved person is a minor or a person | 13 | | under legal disability,
then during the minority or legal | 14 | | disability or within one year after the
termination | 15 | | thereof.
| 16 | | (2) In any other instance, within one year after the | 17 | | discovery of the
offense by an aggrieved person, or by a | 18 | | person who has legal capacity to
represent an aggrieved | 19 | | person or has a legal duty to report the offense,
and is | 20 | | not himself or herself a party to the offense; or in the | 21 | | absence of such
discovery, within one year after the proper | 22 | | prosecuting officer becomes
aware of the offense. However, | 23 | | in no such case is the period of limitation
so extended | 24 | | more than 3 years beyond the expiration of the period |
| | | 10100SB1890ham002 | - 12 - | LRB101 07959 TAE 60920 a |
|
| 1 | | otherwise
applicable.
| 2 | | (b) A prosecution for any offense based upon misconduct in | 3 | | office by a
public officer or employee may be commenced within | 4 | | one year after discovery
of the offense by a person having a | 5 | | legal duty to report such offense, or
in the absence of such | 6 | | discovery, within one year after the proper
prosecuting officer | 7 | | becomes aware of the offense. However, in no such case
is the | 8 | | period of limitation so extended more than 3 years beyond the
| 9 | | expiration of the period otherwise applicable.
| 10 | | (b-5) When the victim is under 18 years of age at the time | 11 | | of the offense, a prosecution for involuntary servitude, | 12 | | involuntary sexual servitude of a minor, or trafficking in | 13 | | persons and related offenses under Section 10-9 of this Code | 14 | | may be commenced within 25 years of the victim attaining the | 15 | | age of 18 years. | 16 | | (b-6) When the victim is 18 years of age or over at the | 17 | | time of the offense, a prosecution for involuntary servitude, | 18 | | involuntary sexual servitude of a minor, or trafficking in | 19 | | persons and related offenses under Section 10-9 of this Code | 20 | | may be commenced within 25 years after the commission of the | 21 | | offense. | 22 | | (c) (Blank).
| 23 | | (d) A prosecution for child pornography, aggravated child | 24 | | pornography, indecent
solicitation of a
child, soliciting for a | 25 | | juvenile prostitute, juvenile pimping,
exploitation of a | 26 | | child, or promoting juvenile prostitution except for keeping a |
| | | 10100SB1890ham002 | - 13 - | LRB101 07959 TAE 60920 a |
|
| 1 | | place of juvenile prostitution may be commenced within one year | 2 | | of the victim
attaining the age of 18 years. However, in no | 3 | | such case shall the time
period for prosecution expire sooner | 4 | | than 3 years after the commission of
the offense.
| 5 | | (e) Except as otherwise provided in subdivision (j), a | 6 | | prosecution for
any offense involving sexual conduct or sexual
| 7 | | penetration, as defined in Section 11-0.1 of this Code, where | 8 | | the defendant
was within a professional or fiduciary | 9 | | relationship or a purported
professional or fiduciary | 10 | | relationship with the victim at the
time of the commission of | 11 | | the offense may be commenced within one year
after the | 12 | | discovery of the offense by the victim.
| 13 | | (f) A prosecution for any offense set forth in Section 44
| 14 | | of the Environmental Protection Act
may be commenced within 5 | 15 | | years after the discovery of such
an offense by a person or | 16 | | agency having the legal duty to report the
offense or in the | 17 | | absence of such discovery, within 5 years
after the proper | 18 | | prosecuting officer becomes aware of the offense.
| 19 | | (f-5) A prosecution for any offense set forth in Section | 20 | | 16-30 of this Code may be commenced within 5 years after the | 21 | | discovery of the offense by the victim of that offense.
| 22 | | (g) (Blank).
| 23 | | (h) (Blank).
| 24 | | (i) Except as otherwise provided in subdivision (j), a | 25 | | prosecution for
criminal sexual assault, aggravated criminal
| 26 | | sexual assault, or aggravated criminal sexual abuse may be |
| | | 10100SB1890ham002 | - 14 - | LRB101 07959 TAE 60920 a |
|
| 1 | | commenced within 10
years of the commission of the offense if | 2 | | the victim reported the offense to
law enforcement authorities | 3 | | within 3 years after the commission of the offense. If the | 4 | | victim consented to the collection of evidence using an | 5 | | Illinois State Police Sexual Assault Evidence Collection Kit | 6 | | under the Sexual Assault Survivors Emergency Treatment Act, it | 7 | | shall constitute reporting for purposes of this Section.
| 8 | | Nothing in this subdivision (i) shall be construed to
| 9 | | shorten a period within which a prosecution must be commenced | 10 | | under any other
provision of this Section.
| 11 | | (i-5) A prosecution for armed robbery, home invasion, | 12 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 13 | | years of the commission of the offense if it arises out of the | 14 | | same course of conduct and meets the criteria under one of the | 15 | | offenses in subsection (i) of this Section. | 16 | | (j) (1) When the victim is under 18 years of age at the | 17 | | time of the offense, a
prosecution
for criminal sexual assault, | 18 | | aggravated criminal sexual assault, predatory
criminal sexual | 19 | | assault of a child, aggravated criminal sexual abuse, or felony | 20 | | criminal sexual abuse may be commenced at any time. | 21 | | (2) When the victim is under 18 years of age at the time of | 22 | | the offense, a prosecution for failure of a person who is | 23 | | required to report an alleged
or suspected commission of | 24 | | criminal sexual assault, aggravated criminal sexual assault, | 25 | | predatory criminal sexual assault of a child, aggravated | 26 | | criminal sexual abuse, or felony criminal sexual abuse under |
| | | 10100SB1890ham002 | - 15 - | LRB101 07959 TAE 60920 a |
|
| 1 | | the Abused and Neglected
Child Reporting Act may be
commenced | 2 | | within 20 years after the child victim attains 18
years of age. | 3 | | (3) When the victim is under 18 years of age at the time of | 4 | | the offense, a
prosecution
for misdemeanor criminal sexual | 5 | | abuse may be
commenced within 10 years after the child victim | 6 | | attains 18
years of age.
| 7 | | (4) Nothing in this subdivision (j) shall be construed to
| 8 | | shorten a period within which a prosecution must be commenced | 9 | | under any other
provision of this Section.
| 10 | | (j-5) A prosecution for armed robbery, home invasion, | 11 | | kidnapping, or aggravated kidnaping may be commenced at any | 12 | | time if it arises out of the same course of conduct and meets | 13 | | the criteria under one of the offenses in subsection (j) of | 14 | | this Section. | 15 | | (k) (Blank).
| 16 | | (l) A prosecution for any offense set forth in Section 26-4 | 17 | | of this Code may be commenced within one year after the | 18 | | discovery of the offense by the victim of that offense. | 19 | | (l-5) A prosecution for any offense involving sexual | 20 | | conduct or sexual penetration, as defined in Section 11-0.1 of | 21 | | this Code, in which the victim was 18 years of age or older at | 22 | | the time of the offense, may be commenced within one year after | 23 | | the discovery of the offense by the victim when corroborating | 24 | | physical evidence is available. The charging document shall | 25 | | state that the statute of limitations is extended under this | 26 | | subsection (l-5) and shall state the circumstances justifying |
| | | 10100SB1890ham002 | - 16 - | LRB101 07959 TAE 60920 a |
|
| 1 | | the extension.
Nothing in this subsection (l-5) shall be | 2 | | construed to shorten a period within which a prosecution must | 3 | | be commenced under any other provision of this Section or | 4 | | Section 3-5 of this Code. | 5 | | (m) The prosecution shall not be required to prove at trial | 6 | | facts which extend the general limitations in Section 3-5 of | 7 | | this Code when the facts supporting extension of the period of | 8 | | general limitations are properly pled in the charging document. | 9 | | Any challenge relating to the extension of the general | 10 | | limitations period as defined in this Section shall be | 11 | | exclusively conducted under Section 114-1 of the Code of | 12 | | Criminal Procedure of 1963. | 13 | | (n) A prosecution for any offense set forth in subsection | 14 | | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | 15 | | Illinois Public Aid Code, in which the total amount of money | 16 | | involved is $5,000 or more, including the monetary value of | 17 | | food stamps and the value of commodities under Section 16-1 of | 18 | | this Code may be commenced within 5 years of the last act | 19 | | committed in furtherance of the offense. | 20 | | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | 21 | | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | 22 | | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, | 23 | | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.) | 24 | | (720 ILCS 5/10-9) | 25 | | Sec. 10-9. Trafficking in persons, involuntary servitude, |
| | | 10100SB1890ham002 | - 17 - | LRB101 07959 TAE 60920 a |
|
| 1 | | and related offenses. | 2 | | (a) Definitions. In this Section: | 3 | | (1) "Intimidation" has the meaning prescribed in | 4 | | Section 12-6. | 5 | | (2) "Commercial sexual activity" means any sex act on | 6 | | account of which anything of value is given, promised to, | 7 | | or received by any person.
| 8 | | (2.5) "Company" means any sole proprietorship, | 9 | | organization, association, corporation, partnership, joint | 10 | | venture, limited partnership, limited liability | 11 | | partnership, limited liability limited partnership, | 12 | | limited liability company, or other entity or business | 13 | | association, including all wholly owned subsidiaries, | 14 | | majority-owned subsidiaries, parent companies, or | 15 | | affiliates of those entities or business associations, | 16 | | that exist for the purpose of making profit. | 17 | | (3) "Financial harm" includes intimidation that brings | 18 | | about financial loss, criminal usury, or employment | 19 | | contracts that violate the Frauds Act. | 20 | | (4) (Blank). | 21 | | (5) "Labor" means work of economic or financial value. | 22 | | (6) "Maintain" means, in relation to labor or services, | 23 | | to secure continued performance thereof, regardless of any | 24 | | initial agreement on the part of the victim to perform that | 25 | | type of service. | 26 | | (7) "Obtain" means, in relation to labor or services, |
| | | 10100SB1890ham002 | - 18 - | LRB101 07959 TAE 60920 a |
|
| 1 | | to secure performance thereof. | 2 | | (7.5) "Serious harm" means any harm, whether physical | 3 | | or nonphysical, including psychological, financial, or | 4 | | reputational harm, that is sufficiently serious, under all | 5 | | the surrounding circumstances, to compel a reasonable | 6 | | person of the same background and in the same circumstances | 7 | | to perform or to continue performing labor or services in | 8 | | order to avoid incurring that harm. | 9 | | (8) "Services" means activities resulting from a | 10 | | relationship between a person and the actor in which the | 11 | | person performs activities under the supervision of or for | 12 | | the benefit of the actor. Commercial sexual activity and | 13 | | sexually-explicit performances are forms of activities | 14 | | that are "services" under this Section. Nothing in this | 15 | | definition may be construed to legitimize or legalize | 16 | | prostitution. | 17 | | (9) "Sexually-explicit performance" means a live, | 18 | | recorded, broadcast (including over the Internet), or | 19 | | public act or show intended to arouse or satisfy the sexual | 20 | | desires or appeal to the prurient interests of patrons. | 21 | | (10) "Trafficking victim" means a person subjected to | 22 | | the practices set forth in subsection (b), (c), or (d). | 23 | | (b) Involuntary servitude. A person commits involuntary | 24 | | servitude when he or she knowingly subjects, attempts to | 25 | | subject, or engages in a conspiracy to subject another person | 26 | | to labor or services obtained or maintained through any of the |
| | | 10100SB1890ham002 | - 19 - | LRB101 07959 TAE 60920 a |
|
| 1 | | following means, or any combination of these means: | 2 | | (1) causes or threatens to cause physical harm to any | 3 | | person; | 4 | | (2) physically restrains or threatens to physically | 5 | | restrain another person; | 6 | | (3) abuses or threatens to abuse the law or legal | 7 | | process; | 8 | | (4) knowingly destroys, conceals, removes, | 9 | | confiscates, or possesses any actual or purported passport | 10 | | or other immigration document, or any other actual or | 11 | | purported government identification document, of another | 12 | | person; | 13 | | (5) uses intimidation, or exerts financial control | 14 | | over any person; or | 15 | | (6) uses any scheme, plan, or pattern intended to cause | 16 | | the person to believe that, if the person did not perform | 17 | | the labor or services, that person or another person would | 18 | | suffer serious harm or physical restraint. | 19 | | Sentence. Except as otherwise provided in subsection (e) or | 20 | | (f), a violation of subsection (b)(1) is a Class X felony, | 21 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 22 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 23 | | (c) Involuntary sexual servitude of a minor. A person | 24 | | commits involuntary sexual servitude of a minor when he or she | 25 | | knowingly recruits, entices, harbors, transports, provides, or | 26 | | obtains by any means, or attempts to recruit, entice, harbor, |
| | | 10100SB1890ham002 | - 20 - | LRB101 07959 TAE 60920 a |
|
| 1 | | provide, or obtain by any means, another person under 18 years | 2 | | of age, knowing that the minor will engage in commercial sexual | 3 | | activity, a sexually-explicit performance, or the production | 4 | | of pornography, or causes or attempts to cause a minor to | 5 | | engage in one or more of those activities and: | 6 | | (1) there is no overt force or threat and the minor is | 7 | | between the ages of 17 and 18 years; | 8 | | (2) there is no overt force or threat and the minor is | 9 | | under the age of 17 years; or | 10 | | (3) there is overt force or threat. | 11 | | Sentence. Except as otherwise provided in subsection (e) or | 12 | | (f), a violation of subsection (c)(1) is a Class 1 felony, | 13 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 14 | | (d) Trafficking in persons. A person commits trafficking in | 15 | | persons when he or she knowingly: (1) recruits, entices, | 16 | | harbors, transports, provides, or obtains by any means, or | 17 | | attempts to recruit, entice, harbor, transport, provide, or | 18 | | obtain by any means, another person, intending or knowing that | 19 | | the person will be subjected to involuntary servitude; or (2) | 20 | | benefits, financially or by receiving anything of value, from | 21 | | participation in a venture that has engaged in an act of | 22 | | involuntary servitude or involuntary sexual servitude of a | 23 | | minor. A company commits trafficking in persons when the | 24 | | company benefits, financially or by receiving anything of | 25 | | value, from participation in a venture that has engaged in an | 26 | | act of involuntary servitude or involuntary sexual servitude of |
| | | 10100SB1890ham002 | - 21 - | LRB101 07959 TAE 60920 a |
|
| 1 | | a minor. | 2 | | Sentence. Except as otherwise provided in subsection (e) or | 3 | | (f), a violation of this subsection by a person is a Class 1 | 4 | | felony. 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. | 12 | | (f) Sentencing considerations. | 13 | | (1) Bodily injury. If, pursuant to a violation of this | 14 | | Section, a victim
suffered bodily injury, the defendant may | 15 | | be sentenced to an extended-term sentence under Section | 16 | | 5-8-2 of the Unified Code of Corrections. The sentencing | 17 | | court must take into account the time in which the victim | 18 | | was held in servitude, with increased penalties for cases | 19 | | in which the victim was held for between 180 days and one | 20 | | year, and increased penalties for cases in which the victim | 21 | | was held for more than one year. | 22 | | (2) Number of victims. In determining sentences within | 23 | | statutory maximums, the sentencing court should take into | 24 | | account the number of victims, and may provide for | 25 | | substantially increased sentences in cases involving more | 26 | | than 10 victims. |
| | | 10100SB1890ham002 | - 22 - | LRB101 07959 TAE 60920 a |
|
| 1 | | (g) Restitution. Restitution is mandatory under this | 2 | | Section. In addition to any other amount of loss identified, | 3 | | the court shall order restitution including the greater of (1) | 4 | | the gross income or value to the defendant of the victim's | 5 | | labor or services or (2) the value of the victim's labor as | 6 | | guaranteed under the Minimum Wage Law and overtime provisions | 7 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 8 | | whichever is greater. | 9 | | (g-5) Fine distribution. If the court imposes a fine under | 10 | | subsection (b), (c), or (d) of this Section, it shall be | 11 | | collected and distributed to the Specialized Services for | 12 | | Survivors of Human Trafficking Fund in accordance with Section | 13 | | 5-9-1.21 of the Unified Code of Corrections. | 14 | | (h) Trafficking victim services. Subject to the | 15 | | availability of funds, the Department of Human Services may | 16 | | provide or fund emergency services and assistance to | 17 | | individuals who are victims of one or more offenses defined in | 18 | | this Section.
| 19 | | (i) Certification. The Attorney General, a State's | 20 | | Attorney, or any law enforcement official shall certify in | 21 | | writing to the United States Department of Justice or other | 22 | | federal agency, such as the United States Department of | 23 | | Homeland Security, that an investigation or prosecution under | 24 | | this Section has begun and the individual who is a likely | 25 | | victim of a crime described in this Section is willing to | 26 | | cooperate or is cooperating with the investigation to enable |
| | | 10100SB1890ham002 | - 23 - | LRB101 07959 TAE 60920 a |
|
| 1 | | the individual, if eligible under federal law, to qualify for | 2 | | an appropriate special immigrant visa and to access available | 3 | | federal benefits. Cooperation with law enforcement shall not be | 4 | | required of victims of a crime described in this Section who | 5 | | are under 18 years of age. This certification shall be made | 6 | | available to the victim and his or her designated legal | 7 | | representative. | 8 | | (j) A person who commits involuntary servitude, | 9 | | involuntary sexual servitude of a minor, or trafficking in | 10 | | persons under subsection (b), (c), or (d) of this Section is | 11 | | subject to the property forfeiture provisions set forth in | 12 | | Article 124B of the Code of Criminal Procedure of 1963.
| 13 | | (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | 14 | | 98-1013, eff. 1-1-15 .)
| 15 | | Section 115. The Code of Civil Procedure is amended by | 16 | | changing Section 13-225 as follows: | 17 | | (735 ILCS 5/13-225) | 18 | | Sec. 13-225. Trafficking victims protection. (a) In | 19 | | this Section, "human trafficking", "involuntary servitude", | 20 | | "sex trade", and "victim of the sex trade" have the meanings | 21 | | ascribed to them in Section 10 of the Trafficking Victims | 22 | | Protection Act. | 23 | | (b) Subject to both subsections (e) and (f) and | 24 | | notwithstanding any other provision of law, an action under the |
| | | 10100SB1890ham002 | - 24 - | LRB101 07959 TAE 60920 a |
|
| 1 | | Trafficking Victims Protection Act must be commenced within 25 | 2 | | 10 years of the date the limitation period begins to run under | 3 | | subsection (d) or within 25 10 years of the date the plaintiff | 4 | | discovers or through the use of reasonable diligence should | 5 | | discover both (i) that the sex trade, involuntary servitude, or | 6 | | human trafficking act occurred, and (ii) that the defendant | 7 | | caused, was responsible for, or profited from the sex trade, | 8 | | involuntary servitude, or human trafficking act. The fact that | 9 | | the plaintiff discovers or through the use of reasonable | 10 | | diligence should discover that the sex trade, involuntary | 11 | | servitude, or human trafficking act occurred is not, by itself, | 12 | | sufficient to start the discovery period under this subsection | 13 | | (b). | 14 | | (c) If the injury is caused by 2 or more acts that are part | 15 | | of a continuing series of sex trade, involuntary servitude, or | 16 | | human trafficking acts by the same defendant, then the | 17 | | discovery period under subsection (b) shall be computed from | 18 | | the date the person abused discovers or through the use of | 19 | | reasonable diligence should discover (i) that the last sex | 20 | | trade, involuntary servitude, or human trafficking act in the | 21 | | continuing series occurred, and (ii) that the defendant caused, | 22 | | was responsible for, or profited from the series of sex trade, | 23 | | involuntary servitude, or human trafficking acts. The fact that | 24 | | the plaintiff discovers or through the use of reasonable | 25 | | diligence should discover that the last sex trade, involuntary | 26 | | servitude, or human trafficking act in the continuing series |
| | | 10100SB1890ham002 | - 25 - | LRB101 07959 TAE 60920 a |
|
| 1 | | occurred is not, by itself, sufficient to start the discovery | 2 | | period under subsection (b). | 3 | | (d) The limitation periods in subsection (b) do not begin | 4 | | to run before the plaintiff attains the age of 18 years; and, | 5 | | if at the time the plaintiff attains the age of 18 years he or | 6 | | she is under other legal disability, the limitation periods | 7 | | under subsection (b) do not begin to run until the removal of | 8 | | the disability. | 9 | | (e) The limitation periods in subsection (b) do not run | 10 | | during a time period when the plaintiff is subject to threats, | 11 | | intimidation, manipulation, or fraud perpetrated by the | 12 | | defendant or by any person acting in the interest of the | 13 | | defendant. | 14 | | (f) The limitation periods in subsection (b) do not | 15 | | commence running until the expiration of all limitations | 16 | | periods applicable to the criminal prosecution of the plaintiff | 17 | | for any acts which form the basis of a cause of action under | 18 | | the Trafficking Victims Protection Act.
| 19 | | (Source: P.A. 100-939, eff. 1-1-19 .)
| 20 | | Section 999. Effective date. This Section and Sections 1 | 21 | | through 15 take effect upon becoming law.".
|
|