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Public Act 101-0018 | ||||
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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 1. Short title. This Act may be cited as the | ||||
Lodging Services Human Trafficking Recognition Training Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Department" means the Department of Human Services. | ||||
"Employee" means a person employed by a lodging | ||||
establishment who has recurring interactions with the public, | ||||
including, but not limited to, an employee who works in a | ||||
reception area, performs housekeeping duties, helps customers | ||||
in moving their possessions, or transports by vehicle customers | ||||
of the lodging establishment. | ||||
"Human trafficking" means the deprivation or violation of | ||||
the personal liberty of another with the intent to obtain | ||||
forced labor or services, procure or sell the individual for | ||||
commercial sex, or exploit the individual in obscene matter. | ||||
Depriving or violating a person's liberty includes substantial | ||||
and sustained restriction of another's liberty accomplished | ||||
through fraud, deceit, coercion, violence, duress, menace, or | ||||
threat of unlawful injury to the victim or to another person, | ||||
under circumstances where the person receiving or apprehending | ||||
the threat reasonably believes that it is likely that the |
person making the threat would carry it out.
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"Lodging establishment" means an establishment classified | ||
as a hotel or motel in the 2017 North American Industry | ||
Classification System under code 721110, and an establishment | ||
classified as a casino hotel in the 2017 North American | ||
Industry Classification System under code 721120. | ||
Section 10. Human trafficking recognition training. | ||
Beginning June 1, 2020, a lodging establishment shall provide | ||
its employees with training in the recognition of human | ||
trafficking and protocols for reporting observed human | ||
trafficking to the appropriate authority. The employees must | ||
complete the training within 6 months after beginning | ||
employment in such role with the lodging establishment and | ||
every 2 years thereafter, if still employed by the lodging | ||
establishment. The training shall be at least 20 minutes in | ||
duration. | ||
Section 15. Human trafficking recognition training | ||
curriculum. | ||
(a) A lodging establishment may use its own human | ||
trafficking training program or that of a third party and be in | ||
full compliance with this Act if the human trafficking training | ||
program includes, at a minimum, all of the following: | ||
(1) a definition of human trafficking and commercial | ||
exploitation of children; |
(2) guidance on how to identify individuals who are | ||
most at risk for human trafficking; | ||
(3) the difference between human trafficking for | ||
purposes of labor and for purposes of sex as the | ||
trafficking relates to lodging establishments; and | ||
(4) guidance on the role of lodging establishment | ||
employees in reporting and responding to instances of human | ||
trafficking. | ||
(b) The Department shall develop a curriculum for an | ||
approved human trafficking training recognition program which | ||
shall be used by a lodging establishment that does not | ||
administer its own human trafficking recognition program as | ||
described in subsection (a). The human trafficking training | ||
recognition program developed by the Department shall include, | ||
at a minimum, all of the following: | ||
(1) a definition of human trafficking and commercial | ||
exploitation of children; | ||
(2) guidance on how to identify individuals who are | ||
most at risk for human trafficking; | ||
(3) the difference between human trafficking for | ||
purposes of labor and for purposes of sex as the | ||
trafficking relates to lodging establishments; and | ||
(4) guidance on the role of lodging establishment | ||
employees in reporting and responding to instances of human | ||
trafficking. | ||
The Department may consult the United States Department of |
Justice for the human trafficking recognition training program | ||
developed under this subsection. | ||
The Department shall develop and publish the human | ||
trafficking recognition training program described in this | ||
subsection no later than July 1, 2020. | ||
Section 100. The Department of State Police Law of the
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Civil Administrative Code of Illinois is amended by adding | ||
Section 2605-99 as follows: | ||
(20 ILCS 2605/2605-99 new) | ||
Sec. 2605-99. Training; human trafficking. The Director | ||
shall conduct or approve a training program in the detection | ||
and investigation of all forms of human trafficking, including, | ||
but not limited to "involuntary servitude" under subsection (b) | ||
of Section 10-9 of the Criminal Code of 2012, "involuntary | ||
sexual servitude of a minor" under subsection (c) of Section | ||
10-9 of the Criminal Code of 2012, and "trafficking in persons" | ||
under subsection (d) of Section 10-9 of the Criminal Code of | ||
2012. This program shall be made available to all cadets and | ||
state police officers. | ||
Section 105. The Illinois Police Training Act is amended by | ||
changing Section 7 and by adding Section 10.23 as follows:
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(50 ILCS 705/7) (from Ch. 85, par. 507)
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Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
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a. The curriculum for probationary police officers | ||
which shall be
offered by all certified schools shall | ||
include, but not be limited to,
courses of procedural | ||
justice, arrest and use and control tactics, search and | ||
seizure, including temporary questioning, civil rights, | ||
human rights, human relations,
cultural competency, | ||
including implicit bias and racial and ethnic sensitivity,
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criminal law, law of criminal procedure, constitutional | ||
and proper use of law enforcement authority, vehicle and | ||
traffic law including
uniform and non-discriminatory | ||
enforcement of the Illinois Vehicle Code,
traffic control | ||
and accident investigation, techniques of obtaining
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physical evidence, court testimonies, statements, reports, | ||
firearms
training, training in the use of electronic | ||
control devices, including the psychological and | ||
physiological effects of the use of those devices on | ||
humans, first-aid (including cardiopulmonary | ||
resuscitation), training in the administration of opioid | ||
antagonists as defined in paragraph (1) of subsection (e) | ||
of Section 5-23 of the Substance Use Disorder Act, handling | ||
of
juvenile offenders, recognition of
mental conditions | ||
and crises, including, but not limited to, the disease of | ||
addiction, which require immediate assistance and response |
and methods to
safeguard and provide assistance to a person | ||
in need of mental
treatment, recognition of abuse, neglect, | ||
financial exploitation, and self-neglect of adults with | ||
disabilities and older adults, as defined in Section 2 of | ||
the Adult Protective Services Act, crimes against the | ||
elderly, law of evidence, the hazards of high-speed police | ||
vehicle
chases with an emphasis on alternatives to the | ||
high-speed chase, and
physical training. The curriculum | ||
shall include specific training in
techniques for | ||
immediate response to and investigation of cases of | ||
domestic
violence and of sexual assault of adults and | ||
children, including cultural perceptions and common myths | ||
of sexual assault and sexual abuse as well as interview | ||
techniques that are age sensitive and are trauma informed, | ||
victim centered, and victim sensitive. The curriculum | ||
shall include
training in techniques designed to promote | ||
effective
communication at the initial contact with crime | ||
victims and ways to comprehensively
explain to victims and | ||
witnesses their rights under the Rights
of Crime Victims | ||
and Witnesses Act and the Crime
Victims Compensation Act. | ||
The curriculum shall also include training in effective | ||
recognition of and responses to stress, trauma, and | ||
post-traumatic stress experienced by police officers. The | ||
curriculum shall also include a block of instruction aimed | ||
at identifying and interacting with persons with autism and | ||
other developmental or physical disabilities, reducing |
barriers to reporting crimes against persons with autism, | ||
and addressing the unique challenges presented by cases | ||
involving victims or witnesses with autism and other | ||
developmental disabilities. The curriculum shall include | ||
training in the detection and investigation of all forms of | ||
human trafficking. The curriculum for
permanent police | ||
officers shall include, but not be limited to: (1) | ||
refresher
and in-service training in any of the courses | ||
listed above in this
subparagraph, (2) advanced courses in | ||
any of the subjects listed above in
this subparagraph, (3) | ||
training for supervisory personnel, and (4)
specialized | ||
training in subjects and fields to be selected by the | ||
board. The training in the use of electronic control | ||
devices shall be conducted for probationary police | ||
officers, including University police officers.
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b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
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c. Minimum requirements for instructors.
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d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local | ||
law enforcement officer for a participating local
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governmental agency. Those requirements shall include | ||
training in first aid
(including cardiopulmonary | ||
resuscitation).
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e. Minimum basic training requirements, which a |
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
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permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
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f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
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governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
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A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to | ||
his or her successful completion of the
training course; | ||
(ii) attesting to his or her satisfactory
completion of a | ||
training program of similar content and number of hours | ||
that
has been found acceptable by the Board under the | ||
provisions of this Act; or
(iii) attesting to the Board's | ||
determination that the training
course is unnecessary | ||
because of the person's extensive prior law enforcement
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experience.
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Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective |
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
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All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act | ||
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the Board, | ||
or they
shall forfeit their positions.
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The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit Commission, | ||
shall maintain a list of all
individuals who have filed | ||
applications to become court security officers and
who meet | ||
the eligibility requirements established under this Act. | ||
Either
the Sheriff's Merit Commission, or the Sheriff's | ||
Office if no Sheriff's Merit
Commission exists, shall | ||
establish a schedule of reasonable intervals for
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verification of the applicants' qualifications under
this | ||
Act and as established by the Board.
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g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. | ||
Those requirements shall include constitutional and proper | ||
use of law enforcement authority, procedural justice, | ||
civil rights, human rights, mental health awareness and | ||
response, and cultural competency. | ||
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least |
annually. Those requirements shall include law updates and | ||
use of force training which shall include scenario based | ||
training, or similar training approved by the Board. | ||
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||
100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | ||
8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
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(50 ILCS 705/10.23 new) | ||
Sec. 10.23. Training; human trafficking. The Board shall | ||
conduct or approve an in-service training program in the | ||
detection and investigation of all forms of human trafficking, | ||
including, but not limited to, "involuntary servitude" under | ||
subsection (b) of Section 10-9 of the Criminal Code of 2012, | ||
"involuntary sexual servitude of a minor" under subsection (c) | ||
of Section 10-9 of the Criminal Code of 2012, and "trafficking | ||
in persons" under subsection (d) of Section 10-9 of the | ||
Criminal Code of 2012. This program shall be made available to | ||
all certified law enforcement, correctional, and court | ||
security officers. | ||
Section 110. The Criminal Code of 2012 is amended by | ||
changing Sections 3-6 and 10-9 as follows:
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(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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Sec. 3-6. Extended limitations. The period within which a |
prosecution
must be commenced under the provisions of Section | ||
3-5 or other applicable
statute is extended under the following | ||
conditions:
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(a) A prosecution for theft involving a breach of a | ||
fiduciary obligation
to the aggrieved person may be commenced | ||
as follows:
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(1) If the aggrieved person is a minor or a person | ||
under legal disability,
then during the minority or legal | ||
disability or within one year after the
termination | ||
thereof.
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(2) In any other instance, within one year after the | ||
discovery of the
offense by an aggrieved person, or by a | ||
person who has legal capacity to
represent an aggrieved | ||
person or has a legal duty to report the offense,
and is | ||
not himself or herself a party to the offense; or in the | ||
absence of such
discovery, within one year after the proper | ||
prosecuting officer becomes
aware of the offense. However, | ||
in no such case is the period of limitation
so extended | ||
more than 3 years beyond the expiration of the period | ||
otherwise
applicable.
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(b) A prosecution for any offense based upon misconduct in | ||
office by a
public officer or employee may be commenced within | ||
one year after discovery
of the offense by a person having a | ||
legal duty to report such offense, or
in the absence of such | ||
discovery, within one year after the proper
prosecuting officer | ||
becomes aware of the offense. However, in no such case
is the |
period of limitation so extended more than 3 years beyond the
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expiration of the period otherwise applicable.
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(b-5) When the victim is under 18 years of age at the time | ||
of the offense, a prosecution for involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in | ||
persons and related offenses under Section 10-9 of this Code | ||
may be commenced within 25 years of the victim attaining the | ||
age of 18 years. | ||
(b-6) When the victim is 18 years of age or over at the | ||
time of the offense, a prosecution for involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in | ||
persons and related offenses under Section 10-9 of this Code | ||
may be commenced within 25 years after the commission of the | ||
offense. | ||
(c) (Blank).
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(d) A prosecution for child pornography, aggravated child | ||
pornography, indecent
solicitation of a
child, soliciting for a | ||
juvenile prostitute, juvenile pimping,
exploitation of a | ||
child, or promoting juvenile prostitution except for keeping a | ||
place of juvenile prostitution may be commenced within one year | ||
of the victim
attaining the age of 18 years. However, in no | ||
such case shall the time
period for prosecution expire sooner | ||
than 3 years after the commission of
the offense.
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(e) Except as otherwise provided in subdivision (j), a | ||
prosecution for
any offense involving sexual conduct or sexual
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penetration, as defined in Section 11-0.1 of this Code, where |
the defendant
was within a professional or fiduciary | ||
relationship or a purported
professional or fiduciary | ||
relationship with the victim at the
time of the commission of | ||
the offense may be commenced within one year
after the | ||
discovery of the offense by the victim.
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(f) A prosecution for any offense set forth in Section 44
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of the Environmental Protection Act
may be commenced within 5 | ||
years after the discovery of such
an offense by a person or | ||
agency having the legal duty to report the
offense or in the | ||
absence of such discovery, within 5 years
after the proper | ||
prosecuting officer becomes aware of the offense.
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(f-5) A prosecution for any offense set forth in Section | ||
16-30 of this Code may be commenced within 5 years after the | ||
discovery of the offense by the victim of that offense.
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(g) (Blank).
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(h) (Blank).
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(i) Except as otherwise provided in subdivision (j), a | ||
prosecution for
criminal sexual assault, aggravated criminal
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sexual assault, or aggravated criminal sexual abuse may be | ||
commenced within 10
years of the commission of the offense if | ||
the victim reported the offense to
law enforcement authorities | ||
within 3 years after the commission of the offense. If the | ||
victim consented to the collection of evidence using an | ||
Illinois State Police Sexual Assault Evidence Collection Kit | ||
under the Sexual Assault Survivors Emergency Treatment Act, it | ||
shall constitute reporting for purposes of this Section.
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Nothing in this subdivision (i) shall be construed to
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shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
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(i-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced within 10 | ||
years of the commission of the offense if it arises out of the | ||
same course of conduct and meets the criteria under one of the | ||
offenses in subsection (i) of this Section. | ||
(j) (1) When the victim is under 18 years of age at the | ||
time of the offense, a
prosecution
for criminal sexual assault, | ||
aggravated criminal sexual assault, predatory
criminal sexual | ||
assault of a child, aggravated criminal sexual abuse, or felony | ||
criminal sexual abuse may be commenced at any time. | ||
(2) When the victim is under 18 years of age at the time of | ||
the offense, a prosecution for failure of a person who is | ||
required to report an alleged
or suspected commission of | ||
criminal sexual assault, aggravated criminal sexual assault, | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual abuse, or felony criminal sexual abuse under | ||
the Abused and Neglected
Child Reporting Act may be
commenced | ||
within 20 years after the child victim attains 18
years of age. | ||
(3) When the victim is under 18 years of age at the time of | ||
the offense, a
prosecution
for misdemeanor criminal sexual | ||
abuse may be
commenced within 10 years after the child victim | ||
attains 18
years of age.
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(4) Nothing in this subdivision (j) shall be construed to
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shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
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(j-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced at any | ||
time if it arises out of the same course of conduct and meets | ||
the criteria under one of the offenses in subsection (j) of | ||
this Section. | ||
(k) (Blank).
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(l) A prosecution for any offense set forth in Section 26-4 | ||
of this Code may be commenced within one year after the | ||
discovery of the offense by the victim of that offense. | ||
(l-5) A prosecution for any offense involving sexual | ||
conduct or sexual penetration, as defined in Section 11-0.1 of | ||
this Code, in which the victim was 18 years of age or older at | ||
the time of the offense, may be commenced within one year after | ||
the discovery of the offense by the victim when corroborating | ||
physical evidence is available. The charging document shall | ||
state that the statute of limitations is extended under this | ||
subsection (l-5) and shall state the circumstances justifying | ||
the extension.
Nothing in this subsection (l-5) shall be | ||
construed to shorten a period within which a prosecution must | ||
be commenced under any other provision of this Section or | ||
Section 3-5 of this Code. | ||
(m) The prosecution shall not be required to prove at trial | ||
facts which extend the general limitations in Section 3-5 of | ||
this Code when the facts supporting extension of the period of |
general limitations are properly pled in the charging document. | ||
Any challenge relating to the extension of the general | ||
limitations period as defined in this Section shall be | ||
exclusively conducted under Section 114-1 of the Code of | ||
Criminal Procedure of 1963. | ||
(n) A prosecution for any offense set forth in subsection | ||
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||
Illinois Public Aid Code, in which the total amount of money | ||
involved is $5,000 or more, including the monetary value of | ||
food stamps and the value of commodities under Section 16-1 of | ||
this Code may be commenced within 5 years of the last act | ||
committed in furtherance of the offense. | ||
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | ||
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | ||
1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, | ||
eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.) | ||
(720 ILCS 5/10-9) | ||
Sec. 10-9. Trafficking in persons, involuntary servitude, | ||
and related offenses. | ||
(a) Definitions. In this Section: | ||
(1) "Intimidation" has the meaning prescribed in | ||
Section 12-6. | ||
(2) "Commercial sexual activity" means any sex act on | ||
account of which anything of value is given, promised to, | ||
or received by any person.
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(2.5) "Company" means any sole proprietorship, | ||
organization, association, corporation, partnership, joint | ||
venture, limited partnership, limited liability | ||
partnership, limited liability limited partnership, | ||
limited liability company, or other entity or business | ||
association, including all wholly owned subsidiaries, | ||
majority-owned subsidiaries, parent companies, or | ||
affiliates of those entities or business associations, | ||
that exist for the purpose of making profit. | ||
(3) "Financial harm" includes intimidation that brings | ||
about financial loss, criminal usury, or employment | ||
contracts that violate the Frauds Act. | ||
(4) (Blank). | ||
(5) "Labor" means work of economic or financial value. | ||
(6) "Maintain" means, in relation to labor or services, | ||
to secure continued performance thereof, regardless of any | ||
initial agreement on the part of the victim to perform that | ||
type of service. | ||
(7) "Obtain" means, in relation to labor or services, | ||
to secure performance thereof. | ||
(7.5) "Serious harm" means any harm, whether physical | ||
or nonphysical, including psychological, financial, or | ||
reputational harm, that is sufficiently serious, under all | ||
the surrounding circumstances, to compel a reasonable | ||
person of the same background and in the same circumstances | ||
to perform or to continue performing labor or services in |
order to avoid incurring that harm. | ||
(8) "Services" means activities resulting from a | ||
relationship between a person and the actor in which the | ||
person performs activities under the supervision of or for | ||
the benefit of the actor. Commercial sexual activity and | ||
sexually-explicit performances are forms of activities | ||
that are "services" under this Section. Nothing in this | ||
definition may be construed to legitimize or legalize | ||
prostitution. | ||
(9) "Sexually-explicit performance" means a live, | ||
recorded, broadcast (including over the Internet), or | ||
public act or show intended to arouse or satisfy the sexual | ||
desires or appeal to the prurient interests of patrons. | ||
(10) "Trafficking victim" means a person subjected to | ||
the practices set forth in subsection (b), (c), or (d). | ||
(b) Involuntary servitude. A person commits involuntary | ||
servitude when he or she knowingly subjects, attempts to | ||
subject, or engages in a conspiracy to subject another person | ||
to labor or services obtained or maintained through any of the | ||
following means, or any combination of these means: | ||
(1) causes or threatens to cause physical harm to any | ||
person; | ||
(2) physically restrains or threatens to physically | ||
restrain another person; | ||
(3) abuses or threatens to abuse the law or legal | ||
process; |
(4) knowingly destroys, conceals, removes, | ||
confiscates, or possesses any actual or purported passport | ||
or other immigration document, or any other actual or | ||
purported government identification document, of another | ||
person; | ||
(5) uses intimidation, or exerts financial control | ||
over any person; or | ||
(6) uses any scheme, plan, or pattern intended to cause | ||
the person to believe that, if the person did not perform | ||
the labor or services, that person or another person would | ||
suffer serious harm or physical restraint. | ||
Sentence. Except as otherwise provided in subsection (e) or | ||
(f), a violation of subsection (b)(1) is a Class X felony, | ||
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||
(c) Involuntary sexual servitude of a minor. A person | ||
commits involuntary sexual servitude of a minor when he or she | ||
knowingly recruits, entices, harbors, transports, provides, or | ||
obtains by any means, or attempts to recruit, entice, harbor, | ||
provide, or obtain by any means, 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, or causes or attempts to cause a minor to | ||
engage in one or more of those activities and: | ||
(1) there is no overt force or threat and the minor is | ||
between the ages of 17 and 18 years; |
(2) there is no overt force or threat and the minor is | ||
under the age of 17 years; or | ||
(3) there is overt force or threat. | ||
Sentence. Except as otherwise provided in subsection (e) or | ||
(f), a violation of subsection (c)(1) is a Class 1 felony, | ||
(c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||
(d) Trafficking in persons. A person commits trafficking in | ||
persons when he or she knowingly: (1) recruits, entices, | ||
harbors, transports, provides, or obtains by any means, or | ||
attempts to recruit, entice, harbor, transport, provide, or | ||
obtain by any means, another person, intending or knowing that | ||
the person will be subjected to involuntary servitude; or (2) | ||
benefits, financially or by receiving anything of value, from | ||
participation in a venture that has engaged in an act of | ||
involuntary servitude or involuntary sexual servitude of a | ||
minor. A company commits trafficking in persons when the | ||
company knowingly benefits, financially or by receiving | ||
anything of value, from participation in a venture that has | ||
engaged in an act of involuntary servitude or involuntary | ||
sexual servitude of a minor. | ||
Sentence. Except as otherwise provided in subsection (e) or | ||
(f), a violation of this subsection by a person is a Class 1 | ||
felony. A violation of this subsection by a company is a | ||
business offense for which a fine of up to $100,000 may be | ||
imposed. | ||
(e) Aggravating factors. A violation of this Section |
involving kidnapping or an attempt to kidnap, aggravated | ||
criminal sexual assault or an attempt to commit aggravated | ||
criminal sexual assault, or an attempt to commit first degree | ||
murder is a Class X felony. | ||
(f) Sentencing considerations. | ||
(1) Bodily injury. If, pursuant to a violation of this | ||
Section, a victim
suffered bodily injury, the defendant may | ||
be sentenced to an extended-term sentence under Section | ||
5-8-2 of the Unified Code of Corrections. The sentencing | ||
court must take into account the time in which the victim | ||
was held in servitude, with increased penalties for cases | ||
in which the victim was held for between 180 days and one | ||
year, and increased penalties for cases in which the victim | ||
was held for more than one year. | ||
(2) Number of victims. In determining sentences within | ||
statutory maximums, the sentencing court should take into | ||
account the number of victims, and may provide for | ||
substantially increased sentences in cases involving more | ||
than 10 victims. | ||
(g) Restitution. Restitution is mandatory under this | ||
Section. In addition to any other amount of loss identified, | ||
the court shall order restitution including 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 (FLSA) or the Minimum Wage Law, |
whichever is greater. | ||
(g-5) Fine distribution. If the court imposes a fine under | ||
subsection (b), (c), or (d) of this Section, it shall be | ||
collected and distributed to the Specialized Services for | ||
Survivors of Human Trafficking Fund in accordance with Section | ||
5-9-1.21 of the Unified Code of Corrections. | ||
(h) Trafficking victim services. 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 defined in | ||
this Section.
| ||
(i) Certification. The Attorney General, a State's | ||
Attorney, 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 | ||
this Section has begun and the individual who is a likely | ||
victim of a crime described in this Section 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. Cooperation with law enforcement shall not be | ||
required of victims of a crime described in this Section who | ||
are under 18 years of age. This certification shall be made | ||
available to the victim and his or her designated legal | ||
representative. |
(j) A person who commits involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in | ||
persons under subsection (b), (c), or (d) of this Section is | ||
subject to the property forfeiture provisions set forth in | ||
Article 124B of the Code of Criminal Procedure of 1963.
| ||
(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | ||
98-1013, eff. 1-1-15 .)
| ||
Section 115. The Code of Civil Procedure is amended by | ||
changing Section 13-225 as follows: | ||
(735 ILCS 5/13-225) | ||
Sec. 13-225. Trafficking victims protection. (a) In | ||
this Section, "human trafficking", "involuntary servitude", | ||
"sex trade", and "victim of the sex trade" have the meanings | ||
ascribed to them in Section 10 of the Trafficking Victims | ||
Protection Act. | ||
(b) Subject to both subsections (e) and (f) and | ||
notwithstanding any other provision of law, an action under the | ||
Trafficking Victims Protection Act must be commenced within 25 | ||
10 years of the date the limitation period begins to run under | ||
subsection (d) or within 25 10 years of the date the plaintiff | ||
discovers or through the use of reasonable diligence should | ||
discover both (i) that the sex trade, involuntary servitude, or | ||
human trafficking act occurred, and (ii) that the defendant | ||
caused, was responsible for, or profited from the sex trade, |
involuntary servitude, or human trafficking act. The fact that | ||
the plaintiff discovers or through the use of reasonable | ||
diligence should discover that the sex trade, involuntary | ||
servitude, or human trafficking act occurred is not, by itself, | ||
sufficient to start the discovery period under this subsection | ||
(b). | ||
(c) If the injury is caused by 2 or more acts that are part | ||
of a continuing series of sex trade, involuntary servitude, or | ||
human trafficking acts by the same defendant, then the | ||
discovery period under subsection (b) shall be computed from | ||
the date the person abused discovers or through the use of | ||
reasonable diligence should discover (i) that the last sex | ||
trade, involuntary servitude, or human trafficking act in the | ||
continuing series occurred, and (ii) that the defendant caused, | ||
was responsible for, or profited from the series of sex trade, | ||
involuntary servitude, or human trafficking acts. The fact that | ||
the plaintiff discovers or through the use of reasonable | ||
diligence should discover that the last sex trade, involuntary | ||
servitude, or human trafficking act in the continuing series | ||
occurred is not, by itself, sufficient to start the discovery | ||
period under subsection (b). | ||
(d) The limitation periods in subsection (b) do not begin | ||
to run before the plaintiff attains the age of 18 years; and, | ||
if at the time the plaintiff attains the age of 18 years he or | ||
she is under other legal disability, the limitation periods | ||
under subsection (b) do not begin to run until the removal of |
the disability. | ||
(e) The limitation periods in subsection (b) do not run | ||
during a time period when the plaintiff is subject to threats, | ||
intimidation, manipulation, or fraud perpetrated by the | ||
defendant or by any person acting in the interest of the | ||
defendant. | ||
(f) The limitation periods in subsection (b) do not | ||
commence running until the expiration of all limitations | ||
periods applicable to the criminal prosecution of the plaintiff | ||
for any acts which form the basis of a cause of action under | ||
the Trafficking Victims Protection Act.
| ||
(Source: P.A. 100-939, eff. 1-1-19 .)
| ||
Section 999. Effective date. This Section and Sections 1 | ||
through 15 take effect upon becoming law.
|