Public Act 094-0998
 		





HB1299 Enrolled
LRB094 09423 LCB 39670 b






    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 1. Short title. This Act may be cited as the 
Predator Accountability Act.
 
    Section 5. Purpose. The purpose of this Act is to allow 
persons who have been or who are subjected to the sex trade to 
seek civil damages and remedies from individuals and entities 
that recruited, harmed, profited from, or maintained them in 
the sex trade.

 
    Section 10. Definitions. As used in this Act:
    "Sex trade" means any act, which if proven beyond a 
reasonable doubt could support a conviction for a violation or 
attempted violation of any of the following Sections of the  
Criminal Code of 1961: 11-15 (soliciting for a prostitute); 
11-15.1 (soliciting for a juvenile prostitute); 11-16 
(pandering); 11-17 (keeping a place of prostitution); 11-17.1 
(keeping a place of juvenile prostitution); 11-19 (pimping); 
11-19.1 (juvenile pimping and aggravated juvenile pimping); 
11-19.2 (exploitation of a child); 11-20 (obscenity); or 
11-20.1 (child pornography); or Article 10A of the  Criminal 
Code of 1961 (trafficking of persons and involuntary 
servitude).
    "Sex trade" activity may involve adults and youth of all 
genders and sexual orientations.

    "Victim of the sex trade" means, for the following sex 
trade acts, the person or persons indicated: 
        (1) soliciting for a prostitute: the prostitute who is 
    the object of the solicitation; 
        (2) soliciting for a juvenile prostitute: the juvenile 
    prostitute, or severely or profoundly mentally retarded 
    person, who is the object of the solicitation; 
        (3) pandering: the person intended or compelled to act 
    as a prostitute; 
        (4) keeping a place of prostitution: any person 
    intended or compelled to act as a prostitute, while present 
    at the place, during the time period in question; 
        (5) keeping a place of juvenile prostitution: any 
    juvenile intended or compelled to act as a prostitute, 
    while present at the place, during the time period in 
    question; 
        (6) pimping: the prostitute from whom anything of value 
    is received; 
        (7) juvenile pimping and aggravated juvenile pimping: 
    the juvenile, or severely or profoundly mentally retarded 
    person, from whom anything of value is received for that 
    person's act of prostitution; 
        (8) exploitation of a child: the juvenile, or severely 
    or profoundly mentally retarded person, intended or 
    compelled to act as a prostitute or from whom anything of 
    value is received for that person's act of prostitution; 
        (9) obscenity: any person who appears in or is 
    described or depicted in the offending conduct or material; 
        (10) child pornography: any child, or severely or 
    profoundly mentally retarded person, who appears in or is 
    described or depicted in the offending conduct or material; 
    or
        (11) trafficking of persons or involuntary servitude: 
    a "trafficking victim" as defined in Section 10A-5 of the 
    Criminal Code of 1961.
 
    Section 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:


        (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 12-12 of the Criminal 
    Code of 1961, to the victim in any sex trade act; or


        (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:


        (1) knowingly markets or provides its goods or services 
    primarily to persons or entities liable under subsection 
    (b) of this Section;


        (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.
 
    Section 20. Relief.  
    (a) A prevailing victim of the sex trade shall be entitled 
to all relief that would make him or her whole.  This includes, 
but is not limited to:
        (1) declaratory relief;

        (2) injunctive relief;

        (3) recovery of costs and attorney fees including, but 
    not limited to, costs for expert testimony and witness 
    fees;
        (4) compensatory damages including, but not limited 
    to:
            (A) economic loss, including damage, destruction, 
        or loss of use of personal property, and loss of past 
        or future earning capacity; and
            (B) damages for death, personal injury, disease, 
        and mental and emotional harm, including medical, 
        rehabilitation, burial expenses, pain and suffering, 
        and physical impairment;
        (5) punitive damages; and
        (6) damages in the amount of the gross revenues 
    received by the defendant from, or related to, the sex 
    trade activities of the plaintiff.
 
    Section 25. Non-defenses.   
    (a) It is not a defense to an action brought under this Act 
that:
        (1) the victim of the sex trade and the defendant had a 
    marital or consenting sexual relationship;

        (2) the defendant is related to the victim of the sex 
    trade by blood or marriage, or has lived with the defendant 
    in any formal or informal household arrangement;

        (3) the victim of the sex trade was paid or otherwise 
    compensated for sex trade activity;

        (4) the victim of the sex trade engaged in sex trade 
    activity prior to any involvement with the defendant;

        (5) the victim of the sex trade made no attempt to 
    escape, flee, or otherwise terminate contact with the 
    defendant;

        (6) the victim of the sex trade consented to engage in 
    acts of the sex trade;

        (7) it was a single incident of activity;
or
        (8) there was no physical contact involved.
    (b) Any illegality of the sex trade activity on the part of 
the victim of the sex trade shall not be an affirmative defense 
to any action brought under this Act.
 
    Section 30. Evidence.  Related to a cause of action under 
this Act, the fact that a plaintiff or other witness has 
testified under oath or given evidence relating to an act that 
may be a violation of any provision of the Criminal Code of 
1961 shall not be construed to require the State's Attorney to 
criminally charge any person for such violation.
 
    Section 35. Remedies preserved.  This Act does not affect 
the right of any person to bring an action or use any remedy 
available under other law, including common law, to recover 
damages arising out of the use of the victim of the sex trade 
in the sex trade nor does this Act limit or restrict the 
liability of any person under other law. This Act does not 
reflect a determination of a policy regarding the applicability 
of strict liability to activities relating to the sex trade.
 
    Section 40. Double recovery prohibited. Any person who 
recovers damages under this Act may not recover the same costs 
or damages under any other Act. A person who recovers damages 
under any other Act may not recover for the same costs or 
damages under this Act.

 
    Section 45. No avoidance of liability.   No person may avoid 
liability under this Act by means of any conveyance of any 
right, title, or interest in real property, or by any 
indemnification, hold harmless agreement, or similar agreement 
that purports to show consent of the victim of the sex trade.
 
    Section 55. Severability.  If any provision of this Act or 
its application to any person or circumstance is held invalid, 
the invalidity of that provision or its application does not 
affect other provisions or application of this Act that can be 
given effect without the invalid provision or application.
 
    Section 80. The Code of Civil Procedure is amended by 
adding Section 13-225 as follows:
 
    (735 ILCS 5/13-225 new)

    Sec. 13-225. Predator accountability.
    (a) In this Section, "sex trade" and "victim of the sex 
trade" have the meanings ascribed to them in Section 10 of the 
Predator Accountability Act.
    (b) Subject to both subsections (e) and (f) and 
notwithstanding any other provision of law, an action under the 
Predator Accountability Act must be commenced within 10 years 
of the date the limitation period begins to run under 
subsection (d) or within 10 years of the date the plaintiff 
discovers or through the use of reasonable diligence should 
discover both (i) that the sex trade act occurred, and (ii) 
that the defendant caused, was responsible for, or profited 
from the sex trade act.  The fact that the plaintiff discovers 
or through the use of reasonable diligence should discover that 
the sex trade 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 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 act in the continuing series occurred, and (ii) 
that the defendant caused, was responsible for, or profited 
from the series of sex trade acts.  The fact that the plaintiff 
discovers or through the use of reasonable diligence should 
discover that the last sex trade 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 Predator Accountability Act.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.