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| Public Act 100-1156 | ||||
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AN ACT concerning civil 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 Trafficking Victims Protection Act is | ||||
amended by changing Section 15 as follows: | ||||
(740 ILCS 128/15) | ||||
(Text of Section before amendment by P.A. 100-939) | ||||
Sec. 15. Cause of action. | ||||
(a) Violations of this Act are actionable in civil court. | ||||
(b) A victim of the sex trade has a cause of action against | ||||
a person or entity who:
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(1) recruits, profits from, or maintains the victim in | ||||
any sex trade act; | ||||
(2) intentionally abuses, as defined in Section 103 of | ||||
the Illinois Domestic Violence Act of 1986, or causes | ||||
bodily harm, as defined in Section 11-0.1 of the Criminal | ||||
Code of 2012, to the victim in any sex trade act; or
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(3) knowingly advertises or publishes advertisements | ||||
for purposes of recruitment into sex trade activity. | ||||
(c) This Section shall not be construed to create liability | ||||
to any person or entity who provides goods or services to the | ||||
general public, who also provides those goods or services to | ||||
persons who would be liable under subsection (b) of this | ||||
Section, absent a showing that the person or entity either:
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(1) knowingly markets or provides its goods or services | ||
primarily to persons or entities liable under subsection | ||
(b) of this Section;
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(2) knowingly receives a higher level of compensation | ||
from persons or entities liable under subsection (b) of | ||
this Section than it generally receives from customers; or | ||
(3) supervises or exercises control over persons or | ||
entities liable under subsection (b) of this Section.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | ||
(Text of Section after amendment by P.A. 100-939) | ||
Sec. 15. Cause of action. | ||
(a) A victim of the sex trade, involuntary servitude, or | ||
human trafficking may bring an action in civil court under this | ||
Act. | ||
(a-1) A legal guardian, agent of the victim, court | ||
appointee, or, with the express written consent of the victim, | ||
organization that represents the interests of or serves victims | ||
may bring a cause of action on behalf of a victim. An action | ||
may also be brought by a government entity responsible for | ||
enforcing the laws of this State. | ||
(b) A victim of the sex trade has a cause of action against | ||
a person or entity who:
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(1) recruits, profits from, or maintains the victim in | ||
any sex trade act; | ||
(2) intentionally abuses, as defined in Section 103 of | ||
the Illinois Domestic Violence Act of 1986, or causes | ||
bodily harm, as defined in Section 11-0.1 of the Criminal | ||
Code of 2012, to a victim of the sex trade; or
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(3) knowingly advertises or publishes advertisements | ||
for purposes of recruitment into sex trade activity. | ||
(b-1) A victim of involuntary servitude or human | ||
trafficking has a cause of action against any person or entity | ||
who knowingly subjects, attempts to subject, or engages in a | ||
conspiracy to subject the victim to involuntary servitude or | ||
human trafficking. | ||
(c) This Section shall not be construed to create liability | ||
to any person or entity who provides goods or services to the | ||
general public, who also provides those goods or services to | ||
persons who would be liable under subsection (b) of this | ||
Section, absent a showing that the person or entity either:
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(1) knowingly markets or provides its goods or services | ||
primarily to persons or entities liable under subsection | ||
(b) of this Section;
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(2) knowingly receives a higher level of compensation | ||
from persons or entities liable under subsection (b) of | ||
this Section than it generally receives from customers; or | ||
(3) supervises or exercises control over persons or | ||
entities liable under subsection (b) of this Section.
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(d) The standard of proof in any action brought under this | ||
Section is a preponderance of the evidence. | ||
(Source: P.A. 100-939, eff. 1-1-19.)
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Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||