Rep. Michael J. Madigan

Filed: 5/21/2019

 

 


 

 


 
10100SB1890ham002LRB101 07959 TAE 60920 a

1
AMENDMENT TO SENATE BILL 1890

2    AMENDMENT NO. ______. Amend Senate Bill 1890 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Lodging Services Human Trafficking Recognition Training Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Human Services.
8    "Employee" means a person employed by a lodging
9establishment who has recurring interactions with the public,
10including, but not limited to, an employee who works in a
11reception area, performs housekeeping duties, helps customers
12in moving their possessions, or transports by vehicle customers
13of the lodging establishment.
14    "Human trafficking" means the deprivation or violation of
15the personal liberty of another with the intent to obtain
16forced labor or services, procure or sell the individual for

 

 

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1commercial sex, or exploit the individual in obscene matter.
2Depriving or violating a person's liberty includes substantial
3and sustained restriction of another's liberty accomplished
4through fraud, deceit, coercion, violence, duress, menace, or
5threat of unlawful injury to the victim or to another person,
6under circumstances where the person receiving or apprehending
7the threat reasonably believes that it is likely that the
8person making the threat would carry it out.
9    "Lodging establishment" means an establishment classified
10as a hotel or motel in the 2017 North American Industry
11Classification System under code 721110, and an establishment
12classified as a casino hotel in the 2017 North American
13Industry Classification System under code 721120.
 
14    Section 10. Human trafficking recognition training.
15Beginning June 1, 2020, a lodging establishment shall provide
16its employees with training in the recognition of human
17trafficking and protocols for reporting observed human
18trafficking to the appropriate authority. The employees must
19complete the training within 6 months after beginning
20employment in such role with the lodging establishment and
21every 2 years thereafter, if still employed by the lodging
22establishment. The training shall be at least 20 minutes in
23duration.
 
24    Section 15. Human trafficking recognition training

 

 

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1curriculum.
2    (a) A lodging establishment may use its own human
3trafficking training program or that of a third party and be in
4full compliance with this Act if the human trafficking training
5program includes, at a minimum, all of the following:
6        (1) a definition of human trafficking and commercial
7    exploitation of children;
8        (2) guidance on how to identify individuals who are
9    most at risk for human trafficking;
10        (3) the difference between human trafficking for
11    purposes of labor and for purposes of sex as the
12    trafficking relates to lodging establishments; and
13        (4) guidance on the role of lodging establishment
14    employees in reporting and responding to instances of human
15    trafficking.
16    (b) The Department shall develop a curriculum for an
17approved human trafficking training recognition program which
18shall be used by a lodging establishment that does not
19administer its own human trafficking recognition program as
20described in subsection (a). The human trafficking training
21recognition program developed by the Department shall include,
22at a minimum, all of the following:
23        (1) a definition of human trafficking and commercial
24    exploitation of children;
25        (2) guidance on how to identify individuals who are
26    most at risk for human trafficking;

 

 

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1        (3) the difference between human trafficking for
2    purposes of labor and for purposes of sex as the
3    trafficking relates to lodging establishments; and
4        (4) guidance on the role of lodging establishment
5    employees in reporting and responding to instances of human
6    trafficking.
7    The Department may consult the United States Department of
8Justice for the human trafficking recognition training program
9developed under this subsection.
10    The Department shall develop and publish the human
11trafficking recognition training program described in this
12subsection no later than July 1, 2020.
 
13    Section 100. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by adding
15Section 2605-99 as follows:
 
16    (20 ILCS 2605/2605-99 new)
17    Sec. 2605-99. Training; human trafficking. The Director
18shall conduct or approve a training program in the detection
19and investigation of all forms of human trafficking, including,
20but not limited to "involuntary servitude" under subsection (b)
21of Section 10-9 of the Criminal Code of 2012, "involuntary
22sexual servitude of a minor" under subsection (c) of Section
2310-9 of the Criminal Code of 2012, and "trafficking in persons"
24under subsection (d) of Section 10-9 of the Criminal Code of

 

 

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12012. This program shall be made available to all cadets and
2state police officers.
 
3    Section 105. The Illinois Police Training Act is amended by
4changing Section 7 and by adding Section 10.23 as follows:
 
5    (50 ILCS 705/7)  (from Ch. 85, par. 507)
6    Sec. 7. Rules and standards for schools. The Board shall
7adopt rules and minimum standards for such schools which shall
8include, but not be limited to, the following:
9        a. The curriculum for probationary police officers
10    which shall be offered by all certified schools shall
11    include, but not be limited to, courses of procedural
12    justice, arrest and use and control tactics, search and
13    seizure, including temporary questioning, civil rights,
14    human rights, human relations, cultural competency,
15    including implicit bias and racial and ethnic sensitivity,
16    criminal law, law of criminal procedure, constitutional
17    and proper use of law enforcement authority, vehicle and
18    traffic law including uniform and non-discriminatory
19    enforcement of the Illinois Vehicle Code, traffic control
20    and accident investigation, techniques of obtaining
21    physical evidence, court testimonies, statements, reports,
22    firearms training, training in the use of electronic
23    control devices, including the psychological and
24    physiological effects of the use of those devices on

 

 

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1    humans, first-aid (including cardiopulmonary
2    resuscitation), training in the administration of opioid
3    antagonists as defined in paragraph (1) of subsection (e)
4    of Section 5-23 of the Substance Use Disorder Act, handling
5    of juvenile offenders, recognition of mental conditions
6    and crises, including, but not limited to, the disease of
7    addiction, which require immediate assistance and response
8    and methods to safeguard and provide assistance to a person
9    in need of mental treatment, recognition of abuse, neglect,
10    financial exploitation, and self-neglect of adults with
11    disabilities and older adults, as defined in Section 2 of
12    the Adult Protective Services Act, crimes against the
13    elderly, law of evidence, the hazards of high-speed police
14    vehicle chases with an emphasis on alternatives to the
15    high-speed chase, and physical training. The curriculum
16    shall include specific training in techniques for
17    immediate response to and investigation of cases of
18    domestic violence and of sexual assault of adults and
19    children, including cultural perceptions and common myths
20    of sexual assault and sexual abuse as well as interview
21    techniques that are age sensitive and are trauma informed,
22    victim centered, and victim sensitive. The curriculum
23    shall include training in techniques designed to promote
24    effective communication at the initial contact with crime
25    victims and ways to comprehensively explain to victims and
26    witnesses their rights under the Rights of Crime Victims

 

 

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1    and Witnesses Act and the Crime Victims Compensation Act.
2    The curriculum shall also include training in effective
3    recognition of and responses to stress, trauma, and
4    post-traumatic stress experienced by police officers. The
5    curriculum shall also include a block of instruction aimed
6    at identifying and interacting with persons with autism and
7    other developmental or physical disabilities, reducing
8    barriers to reporting crimes against persons with autism,
9    and addressing the unique challenges presented by cases
10    involving victims or witnesses with autism and other
11    developmental disabilities. The curriculum shall include
12    training in the detection and investigation of all forms of
13    human trafficking. The curriculum for permanent police
14    officers shall include, but not be limited to: (1)
15    refresher and in-service training in any of the courses
16    listed above in this subparagraph, (2) advanced courses in
17    any of the subjects listed above in this subparagraph, (3)
18    training for supervisory personnel, and (4) specialized
19    training in subjects and fields to be selected by the
20    board. The training in the use of electronic control
21    devices shall be conducted for probationary police
22    officers, including University police officers.
23        b. Minimum courses of study, attendance requirements
24    and equipment requirements.
25        c. Minimum requirements for instructors.
26        d. Minimum basic training requirements, which a

 

 

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1    probationary police officer must satisfactorily complete
2    before being eligible for permanent employment as a local
3    law enforcement officer for a participating local
4    governmental agency. Those requirements shall include
5    training in first aid (including cardiopulmonary
6    resuscitation).
7        e. Minimum basic training requirements, which a
8    probationary county corrections officer must
9    satisfactorily complete before being eligible for
10    permanent employment as a county corrections officer for a
11    participating local governmental agency.
12        f. Minimum basic training requirements which a
13    probationary court security officer must satisfactorily
14    complete before being eligible for permanent employment as
15    a court security officer for a participating local
16    governmental agency. The Board shall establish those
17    training requirements which it considers appropriate for
18    court security officers and shall certify schools to
19    conduct that training.
20        A person hired to serve as a court security officer
21    must obtain from the Board a certificate (i) attesting to
22    his or her successful completion of the training course;
23    (ii) attesting to his or her satisfactory completion of a
24    training program of similar content and number of hours
25    that has been found acceptable by the Board under the
26    provisions of this Act; or (iii) attesting to the Board's

 

 

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1    determination that the training course is unnecessary
2    because of the person's extensive prior law enforcement
3    experience.
4        Individuals who currently serve as court security
5    officers shall be deemed qualified to continue to serve in
6    that capacity so long as they are certified as provided by
7    this Act within 24 months of June 1, 1997 (the effective
8    date of Public Act 89-685). Failure to be so certified,
9    absent a waiver from the Board, shall cause the officer to
10    forfeit his or her position.
11        All individuals hired as court security officers on or
12    after June 1, 1997 (the effective date of Public Act
13    89-685) shall be certified within 12 months of the date of
14    their hire, unless a waiver has been obtained by the Board,
15    or they shall forfeit their positions.
16        The Sheriff's Merit Commission, if one exists, or the
17    Sheriff's Office if there is no Sheriff's Merit Commission,
18    shall maintain a list of all individuals who have filed
19    applications to become court security officers and who meet
20    the eligibility requirements established under this Act.
21    Either the Sheriff's Merit Commission, or the Sheriff's
22    Office if no Sheriff's Merit Commission exists, shall
23    establish a schedule of reasonable intervals for
24    verification of the applicants' qualifications under this
25    Act and as established by the Board.
26        g. Minimum in-service training requirements, which a

 

 

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1    police officer must satisfactorily complete every 3 years.
2    Those requirements shall include constitutional and proper
3    use of law enforcement authority, procedural justice,
4    civil rights, human rights, mental health awareness and
5    response, and cultural competency.
6        h. Minimum in-service training requirements, which a
7    police officer must satisfactorily complete at least
8    annually. Those requirements shall include law updates and
9    use of force training which shall include scenario based
10    training, or similar training approved by the Board.
11(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
12eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
13100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
148-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
15    (50 ILCS 705/10.23 new)
16    Sec. 10.23. Training; human trafficking. The Board shall
17conduct or approve an in-service training program in the
18detection and investigation of all forms of human trafficking,
19including, but not limited to, "involuntary servitude" under
20subsection (b) of Section 10-9 of the Criminal Code of 2012,
21"involuntary sexual servitude of a minor" under subsection (c)
22of Section 10-9 of the Criminal Code of 2012, and "trafficking
23in persons" under subsection (d) of Section 10-9 of the
24Criminal Code of 2012. This program shall be made available to
25all certified law enforcement, correctional, and court

 

 

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1security officers.
 
2    Section 110. The Criminal Code of 2012 is amended by
3changing Sections 3-6 and 10-9 as follows:
 
4    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
5    Sec. 3-6. Extended limitations. The period within which a
6prosecution must be commenced under the provisions of Section
73-5 or other applicable statute is extended under the following
8conditions:
9    (a) A prosecution for theft involving a breach of a
10fiduciary obligation to the aggrieved person may be commenced
11as follows:
12        (1) If the aggrieved person is a minor or a person
13    under legal disability, then during the minority or legal
14    disability or within one year after the termination
15    thereof.
16        (2) In any other instance, within one year after the
17    discovery of the offense by an aggrieved person, or by a
18    person who has legal capacity to represent an aggrieved
19    person or has a legal duty to report the offense, and is
20    not himself or herself a party to the offense; or in the
21    absence of such discovery, within one year after the proper
22    prosecuting officer becomes aware of the offense. However,
23    in no such case is the period of limitation so extended
24    more than 3 years beyond the expiration of the period

 

 

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1    otherwise applicable.
2    (b) A prosecution for any offense based upon misconduct in
3office by a public officer or employee may be commenced within
4one year after discovery of the offense by a person having a
5legal duty to report such offense, or in the absence of such
6discovery, within one year after the proper prosecuting officer
7becomes aware of the offense. However, in no such case is the
8period of limitation so extended more than 3 years beyond the
9expiration of the period otherwise applicable.
10    (b-5) When the victim is under 18 years of age at the time
11of the offense, a prosecution for involuntary servitude,
12involuntary sexual servitude of a minor, or trafficking in
13persons and related offenses under Section 10-9 of this Code
14may be commenced within 25 years of the victim attaining the
15age of 18 years.
16    (b-6) When the victim is 18 years of age or over at the
17time of the offense, a prosecution for involuntary servitude,
18involuntary sexual servitude of a minor, or trafficking in
19persons and related offenses under Section 10-9 of this Code
20may be commenced within 25 years after the commission of the
21offense.
22    (c) (Blank).
23    (d) A prosecution for child pornography, aggravated child
24pornography, indecent solicitation of a child, soliciting for a
25juvenile prostitute, juvenile pimping, exploitation of a
26child, or promoting juvenile prostitution except for keeping a

 

 

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1place of juvenile prostitution may be commenced within one year
2of the victim attaining the age of 18 years. However, in no
3such case shall the time period for prosecution expire sooner
4than 3 years after the commission of the offense.
5    (e) Except as otherwise provided in subdivision (j), a
6prosecution for any offense involving sexual conduct or sexual
7penetration, as defined in Section 11-0.1 of this Code, where
8the defendant was within a professional or fiduciary
9relationship or a purported professional or fiduciary
10relationship with the victim at the time of the commission of
11the offense may be commenced within one year after the
12discovery of the offense by the victim.
13    (f) A prosecution for any offense set forth in Section 44
14of the Environmental Protection Act may be commenced within 5
15years after the discovery of such an offense by a person or
16agency having the legal duty to report the offense or in the
17absence of such discovery, within 5 years after the proper
18prosecuting officer becomes aware of the offense.
19    (f-5) A prosecution for any offense set forth in Section
2016-30 of this Code may be commenced within 5 years after the
21discovery of the offense by the victim of that offense.
22    (g) (Blank).
23    (h) (Blank).
24    (i) Except as otherwise provided in subdivision (j), a
25prosecution for criminal sexual assault, aggravated criminal
26sexual assault, or aggravated criminal sexual abuse may be

 

 

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1commenced within 10 years of the commission of the offense if
2the victim reported the offense to law enforcement authorities
3within 3 years after the commission of the offense. If the
4victim consented to the collection of evidence using an
5Illinois State Police Sexual Assault Evidence Collection Kit
6under the Sexual Assault Survivors Emergency Treatment Act, it
7shall constitute reporting for purposes of this Section.
8    Nothing in this subdivision (i) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (i-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced within 10
13years of the commission of the offense if it arises out of the
14same course of conduct and meets the criteria under one of the
15offenses in subsection (i) of this Section.
16    (j) (1) When the victim is under 18 years of age at the
17time of the offense, a prosecution for criminal sexual assault,
18aggravated criminal sexual assault, predatory criminal sexual
19assault of a child, aggravated criminal sexual abuse, or felony
20criminal sexual abuse may be commenced at any time.
21    (2) When the victim is under 18 years of age at the time of
22the offense, a prosecution for failure of a person who is
23required to report an alleged or suspected commission of
24criminal sexual assault, aggravated criminal sexual assault,
25predatory criminal sexual assault of a child, aggravated
26criminal sexual abuse, or felony criminal sexual abuse under

 

 

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1the Abused and Neglected Child Reporting Act may be commenced
2within 20 years after the child victim attains 18 years of age.
3    (3) When the victim is under 18 years of age at the time of
4the offense, a prosecution for misdemeanor criminal sexual
5abuse may be commenced within 10 years after the child victim
6attains 18 years of age.
7    (4) Nothing in this subdivision (j) shall be construed to
8shorten a period within which a prosecution must be commenced
9under any other provision of this Section.
10    (j-5) A prosecution for armed robbery, home invasion,
11kidnapping, or aggravated kidnaping may be commenced at any
12time if it arises out of the same course of conduct and meets
13the criteria under one of the offenses in subsection (j) of
14this Section.
15    (k) (Blank).
16    (l) A prosecution for any offense set forth in Section 26-4
17of this Code may be commenced within one year after the
18discovery of the offense by the victim of that offense.
19    (l-5) A prosecution for any offense involving sexual
20conduct or sexual penetration, as defined in Section 11-0.1 of
21this Code, in which the victim was 18 years of age or older at
22the time of the offense, may be commenced within one year after
23the discovery of the offense by the victim when corroborating
24physical evidence is available. The charging document shall
25state that the statute of limitations is extended under this
26subsection (l-5) and shall state the circumstances justifying

 

 

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1the extension. Nothing in this subsection (l-5) shall be
2construed to shorten a period within which a prosecution must
3be commenced under any other provision of this Section or
4Section 3-5 of this Code.
5    (m) The prosecution shall not be required to prove at trial
6facts which extend the general limitations in Section 3-5 of
7this Code when the facts supporting extension of the period of
8general limitations are properly pled in the charging document.
9Any challenge relating to the extension of the general
10limitations period as defined in this Section shall be
11exclusively conducted under Section 114-1 of the Code of
12Criminal Procedure of 1963.
13    (n) A prosecution for any offense set forth in subsection
14(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
15Illinois Public Aid Code, in which the total amount of money
16involved is $5,000 or more, including the monetary value of
17food stamps and the value of commodities under Section 16-1 of
18this Code may be commenced within 5 years of the last act
19committed in furtherance of the offense.
20(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
21100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
221-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
23eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
 
24    (720 ILCS 5/10-9)
25    Sec. 10-9. Trafficking in persons, involuntary servitude,

 

 

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1and related offenses.
2    (a) Definitions. In this Section:
3        (1) "Intimidation" has the meaning prescribed in
4    Section 12-6.
5        (2) "Commercial sexual activity" means any sex act on
6    account of which anything of value is given, promised to,
7    or received by any person.
8        (2.5) "Company" means any sole proprietorship,
9    organization, association, corporation, partnership, joint
10    venture, limited partnership, limited liability
11    partnership, limited liability limited partnership,
12    limited liability company, or other entity or business
13    association, including all wholly owned subsidiaries,
14    majority-owned subsidiaries, parent companies, or
15    affiliates of those entities or business associations,
16    that exist for the purpose of making profit.
17        (3) "Financial harm" includes intimidation that brings
18    about financial loss, criminal usury, or employment
19    contracts that violate the Frauds Act.
20        (4) (Blank).
21        (5) "Labor" means work of economic or financial value.
22        (6) "Maintain" means, in relation to labor or services,
23    to secure continued performance thereof, regardless of any
24    initial agreement on the part of the victim to perform that
25    type of service.
26        (7) "Obtain" means, in relation to labor or services,

 

 

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1    to secure performance thereof.
2        (7.5) "Serious harm" means any harm, whether physical
3    or nonphysical, including psychological, financial, or
4    reputational harm, that is sufficiently serious, under all
5    the surrounding circumstances, to compel a reasonable
6    person of the same background and in the same circumstances
7    to perform or to continue performing labor or services in
8    order to avoid incurring that harm.
9        (8) "Services" means activities resulting from a
10    relationship between a person and the actor in which the
11    person performs activities under the supervision of or for
12    the benefit of the actor. Commercial sexual activity and
13    sexually-explicit performances are forms of activities
14    that are "services" under this Section. Nothing in this
15    definition may be construed to legitimize or legalize
16    prostitution.
17        (9) "Sexually-explicit performance" means a live,
18    recorded, broadcast (including over the Internet), or
19    public act or show intended to arouse or satisfy the sexual
20    desires or appeal to the prurient interests of patrons.
21        (10) "Trafficking victim" means a person subjected to
22    the practices set forth in subsection (b), (c), or (d).
23    (b) Involuntary servitude. A person commits involuntary
24servitude when he or she knowingly subjects, attempts to
25subject, or engages in a conspiracy to subject another person
26to labor or services obtained or maintained through any of the

 

 

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1following means, or any combination of these means:
2        (1) causes or threatens to cause physical harm to any
3    person;
4        (2) physically restrains or threatens to physically
5    restrain another person;
6        (3) abuses or threatens to abuse the law or legal
7    process;
8        (4) knowingly destroys, conceals, removes,
9    confiscates, or possesses any actual or purported passport
10    or other immigration document, or any other actual or
11    purported government identification document, of another
12    person;
13        (5) uses intimidation, or exerts financial control
14    over any person; or
15        (6) uses any scheme, plan, or pattern intended to cause
16    the person to believe that, if the person did not perform
17    the labor or services, that person or another person would
18    suffer serious harm or physical restraint.
19    Sentence. Except as otherwise provided in subsection (e) or
20(f), a violation of subsection (b)(1) is a Class X felony,
21(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
22is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
23    (c) Involuntary sexual servitude of a minor. A person
24commits involuntary sexual servitude of a minor when he or she
25knowingly recruits, entices, harbors, transports, provides, or
26obtains by any means, or attempts to recruit, entice, harbor,

 

 

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1provide, or obtain by any means, another person under 18 years
2of age, knowing that the minor will engage in commercial sexual
3activity, a sexually-explicit performance, or the production
4of pornography, or causes or attempts to cause a minor to
5engage in one or more of those activities and:
6        (1) there is no overt force or threat and the minor is
7    between the ages of 17 and 18 years;
8        (2) there is no overt force or threat and the minor is
9    under the age of 17 years; or
10        (3) there is overt force or threat.
11    Sentence. Except as otherwise provided in subsection (e) or
12(f), a violation of subsection (c)(1) is a Class 1 felony,
13(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
14    (d) Trafficking in persons. A person commits trafficking in
15persons when he or she knowingly: (1) recruits, entices,
16harbors, transports, provides, or obtains by any means, or
17attempts to recruit, entice, harbor, transport, provide, or
18obtain by any means, another person, intending or knowing that
19the person will be subjected to involuntary servitude; or (2)
20benefits, financially or by receiving anything of value, from
21participation in a venture that has engaged in an act of
22involuntary servitude or involuntary sexual servitude of a
23minor. A company commits trafficking in persons when the
24company benefits, financially or by receiving anything of
25value, from participation in a venture that has engaged in an
26act of involuntary servitude or involuntary sexual servitude of

 

 

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1a minor.
2    Sentence. Except as otherwise provided in subsection (e) or
3(f), a violation of this subsection by a person is a Class 1
4felony. A violation of this subsection by a company is a
5business offense for which a fine of up to $100,000 may be
6imposed.
7    (e) Aggravating factors. A violation of this Section
8involving kidnapping or an attempt to kidnap, aggravated
9criminal sexual assault or an attempt to commit aggravated
10criminal sexual assault, or an attempt to commit first degree
11murder is a Class X felony.
12    (f) Sentencing considerations.
13        (1) Bodily injury. If, pursuant to a violation of this
14    Section, a victim suffered bodily injury, the defendant may
15    be sentenced to an extended-term sentence under Section
16    5-8-2 of the Unified Code of Corrections. The sentencing
17    court must take into account the time in which the victim
18    was held in servitude, with increased penalties for cases
19    in which the victim was held for between 180 days and one
20    year, and increased penalties for cases in which the victim
21    was held for more than one year.
22        (2) Number of victims. In determining sentences within
23    statutory maximums, the sentencing court should take into
24    account the number of victims, and may provide for
25    substantially increased sentences in cases involving more
26    than 10 victims.

 

 

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1    (g) Restitution. Restitution is mandatory under this
2Section. In addition to any other amount of loss identified,
3the court shall order restitution including the greater of (1)
4the gross income or value to the defendant of the victim's
5labor or services or (2) the value of the victim's labor as
6guaranteed under the Minimum Wage Law and overtime provisions
7of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
8whichever is greater.
9    (g-5) Fine distribution. If the court imposes a fine under
10subsection (b), (c), or (d) of this Section, it shall be
11collected and distributed to the Specialized Services for
12Survivors of Human Trafficking Fund in accordance with Section
135-9-1.21 of the Unified Code of Corrections.
14    (h) Trafficking victim services. Subject to the
15availability of funds, the Department of Human Services may
16provide or fund emergency services and assistance to
17individuals who are victims of one or more offenses defined in
18this Section.
19    (i) Certification. The Attorney General, a State's
20Attorney, or any law enforcement official shall certify in
21writing to the United States Department of Justice or other
22federal agency, such as the United States Department of
23Homeland Security, that an investigation or prosecution under
24this Section has begun and the individual who is a likely
25victim of a crime described in this Section is willing to
26cooperate or is cooperating with the investigation to enable

 

 

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1the individual, if eligible under federal law, to qualify for
2an appropriate special immigrant visa and to access available
3federal benefits. Cooperation with law enforcement shall not be
4required of victims of a crime described in this Section who
5are under 18 years of age. This certification shall be made
6available to the victim and his or her designated legal
7representative.
8    (j) A person who commits involuntary servitude,
9involuntary sexual servitude of a minor, or trafficking in
10persons under subsection (b), (c), or (d) of this Section is
11subject to the property forfeiture provisions set forth in
12Article 124B of the Code of Criminal Procedure of 1963.
13(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
1498-1013, eff. 1-1-15.)
 
15    Section 115. The Code of Civil Procedure is amended by
16changing Section 13-225 as follows:
 
17    (735 ILCS 5/13-225)
18    Sec. 13-225. Trafficking victims protection.    (a) In
19this Section, "human trafficking", "involuntary servitude",
20"sex trade", and "victim of the sex trade" have the meanings
21ascribed to them in Section 10 of the Trafficking Victims
22Protection Act.
23    (b) Subject to both subsections (e) and (f) and
24notwithstanding any other provision of law, an action under the

 

 

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1Trafficking Victims Protection Act must be commenced within 25
210 years of the date the limitation period begins to run under
3subsection (d) or within 25 10 years of the date the plaintiff
4discovers or through the use of reasonable diligence should
5discover both (i) that the sex trade, involuntary servitude, or
6human trafficking act occurred, and (ii) that the defendant
7caused, was responsible for, or profited from the sex trade,
8involuntary servitude, or human trafficking act. The fact that
9the plaintiff discovers or through the use of reasonable
10diligence should discover that the sex trade, involuntary
11servitude, or human trafficking act occurred is not, by itself,
12sufficient to start the discovery period under this subsection
13(b).
14    (c) If the injury is caused by 2 or more acts that are part
15of a continuing series of sex trade, involuntary servitude, or
16human trafficking acts by the same defendant, then the
17discovery period under subsection (b) shall be computed from
18the date the person abused discovers or through the use of
19reasonable diligence should discover (i) that the last sex
20trade, involuntary servitude, or human trafficking act in the
21continuing series occurred, and (ii) that the defendant caused,
22was responsible for, or profited from the series of sex trade,
23involuntary servitude, or human trafficking acts. The fact that
24the plaintiff discovers or through the use of reasonable
25diligence should discover that the last sex trade, involuntary
26servitude, or human trafficking act in the continuing series

 

 

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1occurred is not, by itself, sufficient to start the discovery
2period under subsection (b).
3    (d) The limitation periods in subsection (b) do not begin
4to run before the plaintiff attains the age of 18 years; and,
5if at the time the plaintiff attains the age of 18 years he or
6she is under other legal disability, the limitation periods
7under subsection (b) do not begin to run until the removal of
8the disability.
9    (e) The limitation periods in subsection (b) do not run
10during a time period when the plaintiff is subject to threats,
11intimidation, manipulation, or fraud perpetrated by the
12defendant or by any person acting in the interest of the
13defendant.
14    (f) The limitation periods in subsection (b) do not
15commence running until the expiration of all limitations
16periods applicable to the criminal prosecution of the plaintiff
17for any acts which form the basis of a cause of action under
18the Trafficking Victims Protection Act.
19(Source: P.A. 100-939, eff. 1-1-19.)
 
20    Section 999. Effective date. This Section and Sections 1
21through 15 take effect upon becoming law.".