98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3558

 

Introduced 2/14/2014, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.855 new
625 ILCS 5/3-699.14 new
720 ILCS 5/10-9
720 ILCS 5/11-14.1
720 ILCS 5/11-14.3
720 ILCS 5/11-18  from Ch. 38, par. 11-18
720 ILCS 5/36.5-5
725 ILCS 5/124B-300
725 ILCS 5/124B-305
730 ILCS 5/5-9-1.21 new

    Amends the Criminal Code of 2012. Imposes an assessment for various human trafficking offenses be collected and distributed in accordance with the Specialized Services for Survivors of Human Trafficking Fund. Amends the Code of Criminal Procedure of 1963. Makes changes concerning forfeiture for individuals convicted of keeping a place of prostitution. Modifies the allocation percentages of moneys and sale proceeds forfeited by individuals convicted of involuntary servitude and trafficking of persons. Amends the Illinois Vehicle Code. Provides that the Secretary may issue special registration plates designated as "Support Survivors of Human Trafficking" license plates. Sets forth registration and fee requirements.


LRB098 20002 JLK 55229 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3558LRB098 20002 JLK 55229 b

1    AN ACT concerning human trafficking.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Specialized Services for Survivors of Human
8Trafficking Fund.
 
9    Section 10. The Illinois Vehicle Code is amended by adding
10Section 3-699.14 as follows:
 
11    (625 ILCS 5/3-699.14 new)
12    Sec. 3-699.14. Support Survivors of Human Trafficking
13license plates.
14    (a) The Secretary, upon receipt of all applicable fees and
15applications made in the form prescribed by the Secretary, may
16issue special registration plates designated as Support
17Survivors of Human Trafficking license plates. The special
18plates issued under this Section shall only be affixed to
19passenger vehicles of the first division or motor vehicles of
20the second division weighing not more than 8,000 pounds. Plates
21issued under this Section shall expire according to the

 

 

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1multi-year procedure established by Section 3-414.1 of this
2Code.
3    (b) The design and color of the special plates shall be
4wholly within the discretion of the Secretary. The Secretary
5may, in his or her discretion, allow the plates to be issued as
6vanity or personalized plates in accordance with Section
73-405.1 of this Code. The Secretary, in his or her discretion,
8shall approve and prescribe stickers or decals as provided
9under Section 3-412 of this Code.
10    (c) An applicant for the special plate shall be charged a
11$35 fee for original issuance in addition to the appropriate
12registration fee. Of this fee, $20 shall be deposited into the
13Specialized Services for Survivors of Human Trafficking Fund,
14to be used in accordance with subsections (d), (e), and (f) of
15Section 5-9-1.21 of the Unified Code of Corrections, and $15
16shall be deposited into the Secretary of State Special License
17Plate Fund, to be used by the Secretary to help defray the
18administrative processing costs. For each registration renewal
19period, a $25 fee, in addition to the appropriate registration
20fee, shall be charged. Of this fee $23 shall be deposited into
21the Specialized Services for Survivors of Human Trafficking
22Fund, to be used in accordance with subsections (d), (e), and
23(f) of Section 5-9-1.21 of the Unified Code of Corrections, and
24$2 shall be deposited into the Secretary of State Special
25License Plate Fund.
 

 

 

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1    Section 15. The Criminal Code of 2012 is amended by
2changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as
3follows:
 
4    (720 ILCS 5/10-9)
5    Sec. 10-9. Trafficking in persons, involuntary servitude,
6and related offenses.
7    (a) Definitions. In this Section:
8        (1) "Intimidation" has the meaning prescribed in
9    Section 12-6.
10        (2) "Commercial sexual activity" means any sex act on
11    account of which anything of value is given, promised to,
12    or received by any person.
13        (3) "Financial harm" includes intimidation that brings
14    about financial loss, criminal usury, or employment
15    contracts that violate the Frauds Act.
16        (4) (Blank). "
17        (5) "Labor" means work of economic or financial value.
18        (6) "Maintain" means, in relation to labor or services,
19    to secure continued performance thereof, regardless of any
20    initial agreement on the part of the victim to perform that
21    type of service.
22        (7) "Obtain" means, in relation to labor or services,
23    to secure performance thereof.
24        (7.5) "Serious harm" means any harm, whether physical
25    or nonphysical, including psychological, financial, or

 

 

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1    reputational harm, that is sufficiently serious, under all
2    the surrounding circumstances, to compel a reasonable
3    person of the same background and in the same circumstances
4    to perform or to continue performing labor or services in
5    order to avoid incurring that harm.
6        (8) "Services" means activities resulting from a
7    relationship between a person and the actor in which the
8    person performs activities under the supervision of or for
9    the benefit of the actor. Commercial sexual activity and
10    sexually-explicit performances are forms of activities
11    that are "services" under this Section. Nothing in this
12    definition may be construed to legitimize or legalize
13    prostitution.
14        (9) "Sexually-explicit performance" means a live,
15    recorded, broadcast (including over the Internet), or
16    public act or show intended to arouse or satisfy the sexual
17    desires or appeal to the prurient interests of patrons.
18        (10) "Trafficking victim" means a person subjected to
19    the practices set forth in subsection (b), (c), or (d).
20    (b) Involuntary servitude. A person commits involuntary
21servitude when he or she knowingly subjects, attempts to
22subject, or engages in a conspiracy to subject another person
23to labor or services obtained or maintained through any of the
24following means, or any combination of these means:
25        (1) causes or threatens to cause physical harm to any
26    person;

 

 

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1        (2) physically restrains or threatens to physically
2    restrain another person;
3        (3) abuses or threatens to abuse the law or legal
4    process;
5        (4) knowingly destroys, conceals, removes,
6    confiscates, or possesses any actual or purported passport
7    or other immigration document, or any other actual or
8    purported government identification document, of another
9    person;
10        (5) uses intimidation, or exerts financial control
11    over any person; or
12        (6) uses any scheme, plan, or pattern intended to cause
13    the person to believe that, if the person did not perform
14    the labor or services, that person or another person would
15    suffer serious harm or physical restraint.
16    Sentence. Except as otherwise provided in subsection (e) or
17(f), a violation of subsection (b)(1) is a Class X felony,
18(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
19is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
20Upon a plea of guilty, stipulation of facts, or finding of
21guilt resulting in a judgment of conviction for the offense of
22involuntary servitude, the court shall, in addition to and not
23in lieu of any fines, restitution, costs, forfeitures, or other
24assessments, impose an assessment of $1,500, which shall be
25collected and distributed in accordance with the Specialized
26Services for Survivors of Human Trafficking Fund under Section

 

 

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15-9-1.21 of the Unified Code of Corrections.
2    (c) Involuntary sexual servitude of a minor. A person
3commits involuntary sexual servitude of a minor when he or she
4knowingly recruits, entices, harbors, transports, provides, or
5obtains by any means, or attempts to recruit, entice, harbor,
6provide, or obtain by any means, another person under 18 years
7of age, knowing that the minor will engage in commercial sexual
8activity, a sexually-explicit performance, or the production
9of pornography, or causes or attempts to cause a minor to
10engage in one or more of those activities and:
11        (1) there is no overt force or threat and the minor is
12    between the ages of 17 and 18 years;
13        (2) there is no overt force or threat and the minor is
14    under the age of 17 years; or
15        (3) there is overt force or threat.
16    Sentence. Except as otherwise provided in subsection (e) or
17(f), a violation of subsection (c)(1) is a Class 1 felony,
18(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
19Upon a plea of guilty, stipulation of facts, or finding of
20guilt resulting in a judgment of conviction for the offense of
21involuntary sexual servitude of a minor, the court shall, in
22addition to and not in lieu of any fines, restitution, costs,
23forfeitures, or other assessments, impose an assessment of
24$2,000, which shall be collected and distributed in accordance
25with the Specialized Services for Survivors of Human
26Trafficking Fund under Section 5-9-1.21 of the Unified Code of

 

 

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1Corrections.
2    (d) Trafficking in persons. A person commits trafficking in
3persons when he or she knowingly: (1) recruits, entices,
4harbors, transports, provides, or obtains by any means, or
5attempts to recruit, entice, harbor, transport, provide, or
6obtain by any means, another person, intending or knowing that
7the person will be subjected to involuntary servitude; or (2)
8benefits, financially or by receiving anything of value, from
9participation in a venture that has engaged in an act of
10involuntary servitude or involuntary sexual servitude of a
11minor.
12    Sentence. Except as otherwise provided in subsection (e) or
13(f), a violation of this subsection is a Class 1 felony. Upon a
14plea of guilty, stipulation of facts, or finding of guilt
15resulting in a judgment of conviction for the offense of
16trafficking in persons, the court shall, in addition to and not
17in lieu of any fines, restitution, costs, forfeitures, or other
18assessments, impose an assessment of $1,000, which shall be
19collected and distributed in accordance with the Specialized
20Services for Survivors of Human Trafficking Fund under Section
215-9-1.21 of the Unified Code of Corrections.
22    (e) Aggravating factors. A violation of this Section
23involving kidnapping or an attempt to kidnap, aggravated
24criminal sexual assault or an attempt to commit aggravated
25criminal sexual assault, or an attempt to commit first degree
26murder is a Class X felony.

 

 

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1    (f) Sentencing considerations.
2        (1) Bodily injury. If, pursuant to a violation of this
3    Section, a victim suffered bodily injury, the defendant may
4    be sentenced to an extended-term sentence under Section
5    5-8-2 of the Unified Code of Corrections. The sentencing
6    court must take into account the time in which the victim
7    was held in servitude, with increased penalties for cases
8    in which the victim was held for between 180 days and one
9    year, and increased penalties for cases in which the victim
10    was held for more than one year.
11        (2) Number of victims. In determining sentences within
12    statutory maximums, the sentencing court should take into
13    account the number of victims, and may provide for
14    substantially increased sentences in cases involving more
15    than 10 victims.
16    (g) Restitution. Restitution is mandatory under this
17Section. In addition to any other amount of loss identified,
18the court shall order restitution including the greater of (1)
19the gross income or value to the defendant of the victim's
20labor or services or (2) the value of the victim's labor as
21guaranteed under the Minimum Wage Law and overtime provisions
22of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
23whichever is greater.
24    (h) Trafficking victim services. Subject to the
25availability of funds, the Department of Human Services may
26provide or fund emergency services and assistance to

 

 

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1individuals who are victims of one or more offenses defined in
2this Section.
3    (i) Certification. The Attorney General, a State's
4Attorney, or any law enforcement official shall certify in
5writing to the United States Department of Justice or other
6federal agency, such as the United States Department of
7Homeland Security, that an investigation or prosecution under
8this Section has begun and the individual who is a likely
9victim of a crime described in this Section is willing to
10cooperate or is cooperating with the investigation to enable
11the individual, if eligible under federal law, to qualify for
12an appropriate special immigrant visa and to access available
13federal benefits. Cooperation with law enforcement shall not be
14required of victims of a crime described in this Section who
15are under 18 years of age. This certification shall be made
16available to the victim and his or her designated legal
17representative.
18    (j) A person who commits involuntary servitude,
19involuntary sexual servitude of a minor, or trafficking in
20persons under subsection (b), (c), or (d) of this Section is
21subject to the property forfeiture provisions set forth in
22Article 124B of the Code of Criminal Procedure of 1963.
23(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
241-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised
2511-12-13.)
 

 

 

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1    (720 ILCS 5/11-14.1)
2    Sec. 11-14.1. Solicitation of a sexual act.
3    (a) Any person who offers a person not his or her spouse
4any money, property, token, object, or article or anything of
5value for that person or any other person not his or her spouse
6to perform any act of sexual penetration as defined in Section
711-0.1 of this Code, or any touching or fondling of the sex
8organs of one person by another person for the purpose of
9sexual arousal or gratification, commits solicitation of a
10sexual act.
11    (b) Sentence. Solicitation of a sexual act is a Class A
12misdemeanor. Upon a plea of guilty, stipulation of facts, or
13finding of guilt resulting in a judgment of conviction for the
14offense of solicitation of a sexual act, the court shall, in
15addition to and not in lieu of any fines, restitution, costs,
16forfeitures, or other assessments, impose an assessment of
17$500, which shall be collected and distributed in accordance
18with the Specialized Services for Survivors of Human
19Trafficking Fund under Section 5-9-1.21 of the Unified Code of
20Corrections. Solicitation of a sexual act from a person who is
21under the age of 18 or who is severely or profoundly
22intellectually disabled is a Class 4 felony. Upon a plea of
23guilty, stipulation of facts, or finding of guilt resulting in
24a judgment of conviction for the offense of solicitation of a
25sexual act from a person who is under the age of 18 or who is
26severely or profoundly intellectually disabled, the court

 

 

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1shall, in addition to and not in lieu of any fines,
2restitution, costs, forfeitures, or other assessments, impose
3an assessment of $1,000, which shall be collected and
4distributed in accordance with the Specialized Services for
5Survivors of Human Trafficking Fund under Section 5-9-1.21 of
6the Unified Code of Corrections.
7    (b-5) It is an affirmative defense to a charge of
8solicitation of a sexual act with a person who is under the age
9of 18 or who is severely or profoundly intellectually disabled
10that the accused reasonably believed the person was of the age
11of 18 years or over or was not a severely or profoundly
12intellectually disabled person at the time of the act giving
13rise to the charge.
14    (c) This Section does not apply to a person engaged in
15prostitution who is under 18 years of age. A person cannot be
16convicted of solicitation under this Section if the practice of
17prostitution underlying the offense consists exclusively of
18the accused's own acts of prostitution under Section 11-14 of
19this Code.
20(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
2197-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 
22    (720 ILCS 5/11-14.3)
23    Sec. 11-14.3. Promoting prostitution.
24    (a) Any person who knowingly performs any of the following
25acts commits promoting prostitution:

 

 

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1        (1) advances prostitution as defined in Section
2    11-0.1;
3        (2) profits from prostitution by:
4            (A) compelling a person to become a prostitute;
5            (B) arranging or offering to arrange a situation in
6        which a person may practice prostitution; or
7            (C) any means other than those described in
8        subparagraph (A) or (B), including from a person who
9        patronizes a prostitute. This paragraph (C) does not
10        apply to a person engaged in prostitution who is under
11        18 years of age. A person cannot be convicted of
12        promoting prostitution under this paragraph (C) if the
13        practice of prostitution underlying the offense
14        consists exclusively of the accused's own acts of
15        prostitution under Section 11-14 of this Code.
16    (b) Sentence.
17        (1) A violation of subdivision (a)(1) is a Class 4
18    felony, unless committed within 1,000 feet of real property
19    comprising a school, in which case it is a Class 3 felony.
20    A second or subsequent violation of subdivision (a)(1), or
21    any combination of convictions under subdivision (a)(1),
22    (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution),
23    11-14.1 (solicitation of a sexual act), 11-14.4 (promoting
24    juvenile prostitution), 11-15 (soliciting for a
25    prostitute), 11-15.1 (soliciting for a juvenile
26    prostitute), 11-16 (pandering), 11-17 (keeping a place of

 

 

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1    prostitution), 11-17.1 (keeping a place of juvenile
2    prostitution), 11-18 (patronizing a prostitute), 11-18.1
3    (patronizing a juvenile prostitute), 11-19 (pimping),
4    11-19.1 (juvenile pimping or aggravated juvenile pimping),
5    or 11-19.2 (exploitation of a child), is a Class 3 felony.
6        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
7    is a Class 4 felony, unless committed within 1,000 feet of
8    real property comprising a school, in which case it is a
9    Class 3 felony.
10        (3) A violation of subdivision (a)(2)(C) is a Class 4
11    felony, unless committed within 1,000 feet of real property
12    comprising a school, in which case it is a Class 3 felony.
13    A second or subsequent violation of subdivision (a)(2)(C),
14    or any combination of convictions under subdivision
15    (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B)
16    of this Section (promoting prostitution), 11-14
17    (prostitution), 11-14.1 (solicitation of a sexual act),
18    11-14.4 (promoting juvenile prostitution), 11-15
19    (soliciting for a prostitute), 11-15.1 (soliciting for a
20    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
21    place of prostitution), 11-17.1 (keeping a place of
22    juvenile prostitution), 11-18 (patronizing a prostitute),
23    11-18.1 (patronizing a juvenile prostitute), 11-19
24    (pimping), 11-19.1 (juvenile pimping or aggravated
25    juvenile pimping), or 11-19.2 (exploitation of a child), is
26    a Class 3 felony.

 

 

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1        (4) Upon a plea of guilty, stipulation of facts or
2    finding of guilt resulting in a judgment of conviction for
3    the offense of promoting prostitution, the court shall, in
4    addition to and not in lieu of any fines, restitution,
5    costs, forfeitures, or other assessments, impose an
6    assessment of $1,500, which shall be collected and
7    distributed in accordance with the Specialized Services
8    for Survivors of Human Trafficking Fund under Section
9    5-9-1.21 of the Unified Code of Corrections.
10(Source: P.A. 96-1551, eff. 7-1-11.)
 
11    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
12    Sec. 11-18. Patronizing a prostitute.
13    (a) Any person who knowingly performs any of the following
14acts with a person not his or her spouse commits patronizing a
15prostitute:
16        (1) Engages in an act of sexual penetration as defined
17    in Section 11-0.1 of this Code with a prostitute; or
18        (2) Enters or remains in a place of prostitution with
19    intent to engage in an act of sexual penetration as defined
20    in Section 11-0.1 of this Code; or
21        (3) Engages in any touching or fondling with a
22    prostitute of the sex organs of one person by the other
23    person, with the intent to achieve sexual arousal or
24    gratification.
25    (b) Sentence.

 

 

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1        (1) Patronizing a prostitute is a Class 4 felony,
2    unless committed within 1,000 feet of real property
3    comprising a school, in which case it is a Class 3 felony.
4    A person convicted of a second or subsequent violation of
5    this Section, or of any combination of such number of
6    convictions under this Section and Sections 11-14
7    (prostitution), 11-14.1 (solicitation of a sexual act),
8    11-14.3 (promoting prostitution), 11-14.4 (promoting
9    juvenile prostitution), 11-15 (soliciting for a
10    prostitute), 11-15.1 (soliciting for a juvenile
11    prostitute), 11-16 (pandering), 11-17 (keeping a place of
12    prostitution), 11-17.1 (keeping a place of juvenile
13    prostitution), 11-18.1 (patronizing a juvenile
14    prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or
15    aggravated juvenile pimping), or 11-19.2 (exploitation of
16    a child) of this Code, is guilty of a Class 3 felony.
17        (2) Upon a plea of guilty, stipulation of facts or
18    finding of guilt resulting in a judgment of conviction for
19    the offense of patronizing a prostitute, the court shall,
20    in addition to and not in lieu of any fines, restitution,
21    costs, forfeitures, or other assessments, impose an
22    assessment of $1,500, which shall be collected and
23    distributed in accordance with the Specialized Services
24    for Survivors of Human Trafficking Fund under Section
25    5-9-1.21 of the Unified Code of Corrections.
26    (c) (Blank).

 

 

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1(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)
 
2    (720 ILCS 5/36.5-5)
3    Sec. 36.5-5. Vehicle impoundment.
4    (a) In addition to any other penalty, fee or forfeiture
5provided by law, a peace officer who arrests a person for a
6violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
711-18, or 11-18.1 of this Code or related municipal ordinance,
8may tow and impound any vehicle used by the person in the
9commission of the violation. The person arrested for one or
10more such violations shall be charged a $1,000 fee, to be paid
11to the law enforcement agency that made the arrest or its
12designated representative. The person may recover the vehicle
13from the impound after a minimum of 2 hours after arrest upon
14payment of the fee.
15    (b) $500 of the fee shall be distributed to the law
16enforcement agency whose peace officers made the arrest, for
17the costs incurred by the law enforcement agency to investigate
18and to tow and impound the vehicle. Upon the defendant's
19conviction of one or more of the violations in connection with
20which the vehicle was impounded and the fee imposed under this
21Section, the remaining $500 of the fee shall be deposited into
22the Specialized Services for Survivors of Human Trafficking
23Fund and disbursed in accordance with subsections (d), (e), and
24(f) of Section 5-9-1.21 of the Unified Code of Corrections DHS
25State Projects Fund and shall be used by the Department of

 

 

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1Human Services to make grants to non-governmental
2organizations to provide services for persons encountered
3during the course of an investigation into any violation of
4Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
511-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
611-19.1, or 11-19.2 of this Code, provided such persons
7constitute prostituted persons or other victims of human
8trafficking.
9    (c) Upon the presentation by the defendant of a signed
10court order showing that the defendant has been acquitted of
11all of the violations in connection with which a vehicle was
12impounded and a fee imposed under this Section, or that the
13charges against the defendant for those violations have been
14dismissed, the law enforcement agency shall refund the $1,000
15fee to the defendant.
16(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
171-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13;
1897-1109, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
19    Section 20. The Code of Criminal Procedure of 1963 is
20amended by changing Sections 124B-300 and 124B-305 as follows:
 
21    (725 ILCS 5/124B-300)
22    Sec. 124B-300. Persons and property subject to forfeiture.
23A person who commits the offense of involuntary servitude,
24involuntary servitude of a minor, or trafficking of persons for

 

 

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1forced labor or services under Section 10A-10 or Section 10-9
2of the Criminal Code of 1961 or the Criminal Code of 2012, or
3promoting prostitution that involves keeping a place of
4prostitution under Section 11-14.3 of the Criminal Code of 2012
5shall forfeit to the State of Illinois any profits or proceeds
6and any property he or she has acquired or maintained in
7violation of Section 10A-10 or Section 10-9 of the Criminal
8Code of 1961 or the Criminal Code of 2012, or promoting
9prostitution that involves keeping a place of prostitution
10under Section 11-14.3 of the Criminal Code of 2012 that the
11sentencing court determines, after a forfeiture hearing under
12this Article, to have been acquired or maintained as a result
13of maintaining a person in involuntary servitude or
14participating in trafficking of persons for forced labor or
15services.
16(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
17    (725 ILCS 5/124B-305)
18    Sec. 124B-305. Distribution of property and sale proceeds.
19All moneys and the sale proceeds of all other property
20forfeited and seized under this Part 300 shall be distributed
21as follows:
22        (1) 45% 50% shall be divided equally between all State
23    agencies and units of local government whose officers or
24    employees conducted the investigation or initiated the
25    hearing that resulted in the forfeiture.

 

 

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1        (2) 50% shall be deposited into the Specialized
2    Serviced for Survivors of Human Trafficking Fund and
3    disbursed in accordance with subsections (d), (e), and (f)
4    of Section 5-9-1.21 of the Unified Code of Corrections DHS
5    State Projects Fund and targeted to services for victims of
6    the offenses of involuntary servitude, involuntary sexual
7    servitude of a minor, and trafficking in persons.
8        (3) 5% shall be paid to the Illinois State's Attorneys'
9    Appellate Prosecutor to train State's Attorneys on
10    forfeiture proceedings and topics related to human
11    trafficking.
12(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.)
 
13    Section 25. The Unified Code of Corrections is amended by
14adding Section 5-9-1.21 as follows:
 
15    (730 ILCS 5/5-9-1.21 new)
16    Sec. 5-9-1.21. Specialized Services for Survivors of Human
17Trafficking Fund.
18    (a) There is created in the State treasury a Specialized
19Services for Survivors of Human Trafficking Fund. Moneys
20deposited into the Fund under this Section shall be available
21for the Department of Human Services for the purposes in this
22Section.
23    (b) Each plea of guilty, stipulation of facts, or finding
24of guilt for an offense under Section 10-9, 11-14.1, 11-14.3,

 

 

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1or 11-18 of the Criminal Code of 2012 shall have an assessment
2imposed as provided in those Sections.
3    (c) The assessment shall be collected by the circuit court
4clerk in addition to any other imposed fee. The circuit court
5clerk shall retain $50 to cover the costs in administering and
6enforcing this Section. The circuit court clerk shall remit the
7remainder of each assessment within one month of its receipt to
8the State Treasurer, for deposit as follows:
9        (1) $300 shall be distributed equally between all State
10    law enforcement agencies whose officers or employees
11    conducted the investigation or prosecution that resulted
12    in the finding of guilt; and
13        (2) the remainder of the assessment shall be deposited
14    into the Specialized Services for Survivors of Human
15    Trafficking Fund.
16    (d) Upon appropriation of moneys from the Specialized
17Services for Survivors of Human Trafficking Fund, the
18Department of Human Services shall use these moneys to make
19grants to non-governmental organizations to provide
20specialized, trauma-informed services specifically designed to
21address the priority service needs associated with
22prostitution and human trafficking. Priority services include,
23but are not limited to, community based drop-in centers,
24emergency housing, and long-term safe homes. The Department
25shall consult with prostitution and human trafficking
26advocates, survivors, and service providers to identify

 

 

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1priority service needs in their respective communities.
2    (e) Grants made under this Section are in addition to, and
3not substitutes for, other grants authorized and made by the
4Department.
5    (f) Notwithstanding any other law to the contrary, the
6Specialized Services for Survivors of Human Trafficking Fund is
7not subject to sweeps, administrative charge-backs, or any
8other fiscal maneuver that would in any way transfer any
9amounts from the Specialized Services for Survivors of Human
10Trafficking Fund into any other fund of the State.