Full Text of HB1469 94th General Assembly
HB1469enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Article 10A as follows: | 6 |
| (720 ILCS 5/Art. 10A heading new)
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| ARTICLE 10A. TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE | 8 |
| (720 ILCS 5/10A-5 new)
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| Sec. 10A-5. Definitions. In this Article:
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| (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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| (3) "Financial harm" includes intimidation that brings | 16 |
| about financial loss, criminal usury, or employment contracts | 17 |
| that violate the Frauds Act. | 18 |
| (4) "Forced labor or services" means labor or services that | 19 |
| are performed or provided by another person and are obtained or | 20 |
| maintained through: | 21 |
| (A) any scheme, plan, or pattern intending to cause or | 22 |
| threatening to cause serious harm to any person; | 23 |
| (B) an actor's physically restraining or threatening | 24 |
| to physically restrain another person; | 25 |
| (C) an actor's abusing or threatening to abuse the law | 26 |
| or legal process; | 27 |
| (D) an actor's knowingly destroying, concealing, | 28 |
| removing, confiscating, or possessing any actual or | 29 |
| purported passport or other immigration document, or any | 30 |
| other actual or purported government identification | 31 |
| document, of another person; |
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| (E) an actor's blackmail; or | 2 |
| (F) an actor's causing or threatening to cause | 3 |
| financial harm to or exerting financial control over any | 4 |
| person.
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| (5) "Labor" means work of economic or financial value. | 6 |
| (6) "Maintain" means, in relation to labor or services, to | 7 |
| secure continued performance thereof, regardless of any | 8 |
| initial agreement on the part of the victim to perform such | 9 |
| type of service. | 10 |
| (7) "Obtain" means, in relation to labor or services, to | 11 |
| secure performance thereof. | 12 |
| (8) "Services" means a relationship between a person and | 13 |
| the actor in which the person performs activities under the | 14 |
| supervision of or for the benefit of the actor. Commercial | 15 |
| sexual activity and sexually-explicit performances are forms | 16 |
| of "services" under this Section. Nothing in this provision | 17 |
| should be construed to legitimize or legalize prostitution. | 18 |
| (9) "Sexually-explicit performance" means a live, | 19 |
| recorded, broadcast (including over the Internet) or public act | 20 |
| or show intended to arouse or satisfy the sexual desires or | 21 |
| appeal to the prurient interests of patrons. | 22 |
| (10) "Trafficking victim" means a person subjected to the | 23 |
| practices set forth in subsection (a) of Section 10A-10 | 24 |
| (involuntary servitude) or subsection (b) of Section 10A-10 | 25 |
| (sexual servitude of a minor), or transported in violation of | 26 |
| subsection (c) of Section 10A-10 (trafficking of persons for | 27 |
| forced labor or services). | 28 |
| (720 ILCS 5/10A-10 new)
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| Sec. 10A-10. Criminal provisions.
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| (a) Involuntary servitude. Whoever knowingly subjects, | 31 |
| attempts to subject, or engages in a conspiracy to subject | 32 |
| another person to forced labor or services shall be punished as | 33 |
| follows, subject to subsection (d): | 34 |
| (1) by causing or threatening to cause physical harm to | 35 |
| any person, is guilty of a Class X felony; |
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| (2) by physically restraining or threatening to | 2 |
| physically restrain another person, is guilty of a Class 1 | 3 |
| felony; | 4 |
| (3) by abusing or threatening to abuse the law or legal | 5 |
| process, is guilty of a Class 2 felony; | 6 |
| (4) by knowingly destroying, concealing, removing, | 7 |
| confiscating or possessing any actual or purported | 8 |
| passport or other immigration document, or any other actual | 9 |
| or purported government identification document, of | 10 |
| another person, is guilty of a Class 3 felony; | 11 |
| (5) by using intimidation, or using or threatening to | 12 |
| cause financial harm to or by exerting financial control | 13 |
| over any person, is guilty of a Class 4 felony. | 14 |
| (b) Involuntary servitude of a minor. Whoever knowingly | 15 |
| recruits, entices, harbors, transports, provides, or obtains | 16 |
| by any means, or attempts to recruit, entice, harbor, provide, | 17 |
| or obtain by any means, another person under 18 years of age, | 18 |
| knowing that the minor will engage in commercial sexual | 19 |
| activity, a sexually-explicit performance, or the production | 20 |
| of pornography, or causes or attempts to cause a minor to | 21 |
| engage in commercial sexual activity, a sexually-explicit | 22 |
| performance, or the production of pornography, shall be | 23 |
| punished as follows, subject to the provisions of subsection | 24 |
| (d): | 25 |
| (1) In cases involving a minor between the ages of 17 | 26 |
| and 18 years, not involving overt force or threat, the | 27 |
| defendant is guilty of a Class 1 felony. | 28 |
| (2) In cases in which the minor had not attained the | 29 |
| age of 17 years, not involving overt force or threat, the | 30 |
| defendant is guilty of a Class X felony. | 31 |
| (3) In cases in which the violation involved overt | 32 |
| force or threat, the defendant is guilty of a Class X | 33 |
| felony. | 34 |
| (c) Trafficking of persons for forced labor or services. | 35 |
| Whoever knowingly: (1) recruits, entices, harbors, transports, | 36 |
| provides, or obtains by any means, or attempts to recruit, |
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| entice, harbor, transport, provide, or obtain by any means, | 2 |
| another person, intending or knowing that the person will be | 3 |
| subjected to forced labor or services; or (2) benefits, | 4 |
| financially or by receiving anything of value, from | 5 |
| participation in a venture which has engaged in an act | 6 |
| described in violation of paragraphs (a) or (b) of this | 7 |
| Section, subject to the provisions of subsection (d), is guilty | 8 |
| of a Class 1 felony. | 9 |
| (d) Sentencing enhancements. | 10 |
| (1) Statutory maximum; sexual assault and extreme | 11 |
| violence. If the violation of this Article involves | 12 |
| kidnapping or an attempt to kidnap, aggravated criminal | 13 |
| sexual assault or the attempt to commit aggravated criminal | 14 |
| sexual assault, or an attempt to commit first degree | 15 |
| murder, the defendant is guilty of a Class X felony. | 16 |
| (2) Sentencing considerations within statutory | 17 |
| maximums. | 18 |
| (A) Bodily injury. If, pursuant to a violation of | 19 |
| this Article, a victim
suffered bodily injury, the | 20 |
| defendant may be sentenced to an extended term sentence | 21 |
| under Section 5-8-2 of the Unified Code of Corrections. | 22 |
| The sentencing court must take into account the time in | 23 |
| which the victim was held in servitude, with increased | 24 |
| penalties for cases in which the victim was held for | 25 |
| between 180 days and one year, and increased penalties | 26 |
| for cases in which the victim was held for more than | 27 |
| one year. | 28 |
| (B) Number of victims. In determining sentences | 29 |
| within statutory maximums, the sentencing court should | 30 |
| take into account the number of victims, and may | 31 |
| provide for substantially-increased sentences in cases | 32 |
| involving more than 10 victims. | 33 |
| (e) Restitution. Restitution is mandatory under this | 34 |
| Article. In addition to any other amount of loss identified, | 35 |
| the court shall order restitution including the greater of (1) | 36 |
| the gross income or value to the defendant of the victim's |
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| labor or services or (2) the value of the victim's labor as | 2 |
| guaranteed under the Minimum Wage Law and overtime provisions | 3 |
| of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 4 |
| whichever is greater. | 5 |
| (f) Trafficking victim services. Subject to the | 6 |
| availability of funds, the Department of Human Services may | 7 |
| provide or fund emergency services and assistance to | 8 |
| individuals who are victims of one or more offenses defined in | 9 |
| this Article 10A.
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| (720 ILCS 5/10A-15 new) | 11 |
| Sec. 10A-15. Forfeitures. | 12 |
| (a) A person who commits the offense of involuntary | 13 |
| servitude, involuntary servitude of a minor, or trafficking of | 14 |
| persons for forced labor or services under Section 10A-10 of | 15 |
| this Code shall forfeit to the State of Illinois any profits or | 16 |
| proceeds and any interest or property he or she has acquired or | 17 |
| maintained in violation of Section 10A-10 of this Code that the | 18 |
| sentencing court determines, after a forfeiture hearing, to | 19 |
| have been acquired or maintained as a result of maintaining a | 20 |
| person in involuntary servitude or participating in | 21 |
| trafficking in persons for forced labor or services. | 22 |
| (b) The court shall, upon petition by the Attorney General | 23 |
| or State's Attorney at any time following sentencing, conduct a | 24 |
| hearing to determine whether any property or property interest | 25 |
| is subject to forfeiture under this Section. At the forfeiture | 26 |
| hearing the people shall have the burden of establishing, by a | 27 |
| preponderance of the evidence, that property or property | 28 |
| interests are subject to forfeiture under this Section. | 29 |
| (c) In any action brought by the People of the State of | 30 |
| Illinois under this Section, wherein any restraining order, | 31 |
| injunction, or prohibition or any other action in connection | 32 |
| with any property or interest subject to forfeiture under this | 33 |
| Section is sought, the circuit court presiding over the trial | 34 |
| of the person or persons charged with involuntary servitude, | 35 |
| involuntary servitude of a minor, or trafficking in persons for |
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| forced labor or services shall first determine whether there is | 2 |
| probable cause to believe that the person or persons so charged | 3 |
| have committed the offense of involuntary servitude, | 4 |
| involuntary servitude of a minor, or trafficking in persons for | 5 |
| forced labor or services and whether the property or interest | 6 |
| is subject to forfeiture pursuant to this Section. In order to | 7 |
| make such a determination, prior to entering any such order, | 8 |
| the court shall conduct a hearing without a jury, wherein the | 9 |
| People shall establish that there is: (i) probable cause that | 10 |
| the person or persons so charged have committed the offense of | 11 |
| involuntary servitude, involuntary servitude of a minor, or | 12 |
| trafficking in persons for forced labor or services and (ii) | 13 |
| probable cause that any property or interest may be subject to | 14 |
| forfeiture pursuant to this Section. The hearing may be | 15 |
| conducted simultaneously with a preliminary hearing, if the | 16 |
| prosecution is commenced by information or complaint, or by | 17 |
| motion of the People, at any stage in the proceedings. The | 18 |
| court may accept a finding of probable cause at a preliminary | 19 |
| hearing following the filing of an information charging the | 20 |
| offense of involuntary servitude, involuntary servitude of a | 21 |
| minor, or trafficking in persons for forced labor or services | 22 |
| or the return of an indictment by a grand jury charging the | 23 |
| offense of involuntary servitude, involuntary servitude of a | 24 |
| minor, or trafficking in persons for forced labor or services | 25 |
| as sufficient evidence of probable cause as provided in item | 26 |
| (i) of this subsection (c). Upon such a finding, the circuit | 27 |
| court shall enter such restraining order, injunction or | 28 |
| prohibition, or shall take such other action in connection with | 29 |
| any such property or other interest subject to forfeiture, as | 30 |
| is necessary to insure that such property is not removed from | 31 |
| the jurisdiction of the court, concealed, destroyed, or | 32 |
| otherwise disposed of by the owner of that property or interest | 33 |
| prior to a forfeiture hearing under this Section. The Attorney | 34 |
| General or State's Attorney shall file a certified copy of the | 35 |
| restraining order, injunction, or other prohibition with the | 36 |
| recorder of deeds or registrar of titles of each county where |
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| any such property of the defendant may be located. No such | 2 |
| injunction, restraining order, or other prohibition shall | 3 |
| affect the rights of any bona fide purchaser, mortgagee, | 4 |
| judgment creditor, or other lien holder arising prior to the | 5 |
| date of such filing. The court may, at any time, upon verified | 6 |
| petition by the defendant or an innocent owner or innocent bona | 7 |
| fide third party lien holder who neither had knowledge of, nor | 8 |
| consented to, the illegal act or omission, conduct a hearing to | 9 |
| release all or portions of any such property or interest that | 10 |
| the court previously determined to be subject to forfeiture or | 11 |
| subject to any restraining order, injunction, or prohibition or | 12 |
| other action. The court may release such property to the | 13 |
| defendant or innocent owner or innocent bona fide third party | 14 |
| lien holder who neither had knowledge of, nor consented to, the | 15 |
| illegal act or omission for good cause shown and within the | 16 |
| sound discretion of the court. | 17 |
| (d) Upon conviction of a person of involuntary servitude, | 18 |
| involuntary servitude of a minor, or trafficking in persons for | 19 |
| forced labor or services, the court shall authorize the | 20 |
| Attorney General to seize all property or other interest | 21 |
| declared forfeited under this Section upon such terms and | 22 |
| conditions as the court shall deem proper. | 23 |
| (e) All monies forfeited and the sale proceeds of all other | 24 |
| property forfeited and seized under this Section shall be | 25 |
| distributed as follows: | 26 |
| (1) one-half shall be divided equally among all State | 27 |
| agencies and units of local government whose officers or | 28 |
| employees conducted the investigation that resulted in the | 29 |
| forfeiture; and | 30 |
| (2) one-half shall be deposited into the Violent Crime
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| Victims Assistance Fund and targeted to services for | 32 |
| victims of the offenses of involuntary servitude, | 33 |
| involuntary servitude of a minor, and trafficking of | 34 |
| persons for forced labor or services.
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| (720 ILCS 5/10A-20 new) |
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| Sec. 10A-20. Certification. The Attorney General, State's | 2 |
| Attorneys, or any law enforcement official shall certify in | 3 |
| writing to the United States Department of Justice or other | 4 |
| federal agency, such as the United States Department of | 5 |
| Homeland Security, that an investigation or prosecution under | 6 |
| this Article 10A has begun and the individual who is a likely | 7 |
| victim of a crime described in this Article 10A is willing to | 8 |
| cooperate or is cooperating with the investigation to enable | 9 |
| the individual, if eligible under federal law, to qualify for | 10 |
| an appropriate special immigrant visa and to access available | 11 |
| federal benefits. Cooperation with law enforcement shall not be | 12 |
| required of victims of a crime described in this Article 10A | 13 |
| who are under 18 years of age. This certification shall be made | 14 |
| available to the victim and his or her designated legal | 15 |
| representative.
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