HB3790 103RD GENERAL ASSEMBLY

LRB103 30329 SPS 56759 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3790

Introduced 2/17/2023, by Rep. Diane Blair-Sherlock

SYNOPSIS AS INTRODUCED:

820 ILCS 95/5
820 ILCS 95/20 new

Amends the Lodging Services Human Trafficking Recognition Training Act. Provides that a lodging establishment, restaurant, or truck stop is in violation of this Section, and is subject to civil penalties, if: (1) sex trafficking activity occurred in the lodging establishment, restaurant, or truck stop, a supervisory employee of the lodging establishment, restaurant, or truck stop either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the lodging establishment, restaurant, or truck stop, and the supervisory employee of the lodging establishment, restaurant, or truck stop failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours; or (2) an employee of the lodging establishment, restaurant, or truck stop was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the lodging establishment, restaurant, or truck stop. Provides for civil penalties. Defines terms.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Lodging Services Human Trafficking Recognition Training Act is amended by changing Section 5 and adding Section 20 as follows:

(820 ILCS 95/5)

Sec. 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.

"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.

"Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor.

"Supervisory employee" means any individual, regardless of the job description or title, who has each of the following capabilities and qualifications:

(1) holds authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment; and

(2) holds responsibility for duties that are not substantially similar to those of his or her subordinates.

"Truck stop" means an establishment intended to provide services to the trucking industry, including, but not limited to, selling fuel and food, providing showers, offering repair services, and offering ample room where drivers of long-haul trucks can park and rest.

(Source: P.A. 101-18, eff. 6-20-19; 101-499, eff. 8-23-19; 102-324, eff. 1-1-22.)

(820 ILCS 95/20 new)

Sec. 20. Violations.

(a) A lodging establishment, restaurant, or truck stop is in violation of this Section, and is subject to civil penalties, if:

(1) sex trafficking activity occurred in the lodging establishment, restaurant, or truck stop, a supervisory employee of the lodging establishment, restaurant, or truck stop either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the lodging establishment, restaurant, or truck stop, and the supervisory employee of the lodging establishment, restaurant, or truck stop failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours; or

(2) an employee of the lodging establishment, restaurant, or truck stop was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the lodging establishment, restaurant, or truck stop.

(b) If there is reasonable cause to believe there has been a violation of subsection (a), a municipality, county, municipal attorney, or State's Attorney may bring a civil action for injunctive and other equitable relief against a lodging establishment, restaurant, or truck stop for violation of this Section. A municipality, county, municipal attorney, or State's Attorney who brings a civil action under this Section may also seek civil penalties in the amount of $1,000 for the first violation in a calendar year, $3,000 for the second violation within the same calendar year, and $5,000 for the third and any subsequent violation within the same calendar year.

(c) The court may exercise its discretion to increase the amount of the civil penalty, not to exceed ten $10,000, for any fourth or subsequent violation, considering all of the following factors:

(1) the defendant's culpability;

(2) the relationship between the harm and the penalty;

(3) the penalties imposed for similar conduct in similar statutes; and

(4) the defendant's ability to pay.

(d) The lack of reporting of a sex trafficking case that occurs in a lodging establishment, restaurant, or truck stop shall not, by itself, without meeting the conditions in either paragraph (1) or (2) of subsection (a), result in the liability of an employer of that lodging establishment, restaurant, or truck stop to the sex trafficking victim or victims in the case in question or to any other party.

(e) No liability for civil penalties shall arise under this Section against an employee of a lodging establishment, restaurant, or truck stop.

(f) Violation of this Section, by itself, shall not result in criminal liability against the lodging establishment, restaurant, or truck stop.

(g) Nothing in this Section affects criminal or civil liability that may arise pursuant to other provisions of law.

(h) An action brought under this Section shall be commenced within 5 years of the date when the violation of subsection (a) occurred, or, if the victim of that sex trafficking activity was a minor when the violation occurred, within 5 years of the date the victim attains the age of majority.