HB1469 94TH GENERAL ASSEMBLY

LRB094 09450 RLC 39698 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1469

Introduced 02/10/05, by Rep. Michelle Chavez

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 10A heading new
720 ILCS 5/10A-5 new
720 ILCS 5/10A-10 new

Amends the Criminal Code of 1961. Creates the offenses of involuntary servitude, sexual servitude of a minor, and trafficking of persons for forced labor and services. Mandates restitution. Provides that the Attorney General, in cooperation with the Administrative Office of the Illinois Courts, State's Attorneys, circuit court officials, the Department of Human Services, and the Department of Public Aid shall ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and State public benefits programs, victim protection services and immigration assistance services, where applicable. Provides that State's Attorneys shall refer an immigrant victim to the Attorney General for certification that the individual is a victim of trafficking or involuntary servitude so that the individual can qualify for a special immigrant visa and can have access to available federal benefits. Provides that the Attorney General, in consultation with the Department of Human Services, the Department of Public Aid and the Administrative Office of the Illinois Courts, shall, within 6 months after the effective date of this amendatory Act, determine and issue a report on how existing social services, public aid programs and victim protecting laws and rules respond to the needs of victims of trafficking and involuntary servitude.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Article 10A as follows:

(720 ILCS 5/Art. 10A heading new)

ARTICLE 10A. TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE

(720 ILCS 5/10A-5 new)

Sec. 10A-5. Definitions. In this Article:

(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.

(3) "Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act.

(4) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through an actor's:

(A) causing or threatening to cause serious harm to any person;

(B) physically restraining or threatening to physically restrain another person;

(C) abusing or threatening to abuse the law or legal process;

(D) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;

(E) blackmail; or

(F) causing or threatening to cause financial harm to or exerting financial control over any person.

(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 such type of service.

(7) "Obtain" means, in relation to labor or services, to secure performance thereof.

(8) "Services" means an ongoing 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 "services" under this Section. Nothing in this provision should be construed to legitimize or legalize prostitution.

(9) "Sexually-explicit performance" means a live 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 (a) of Section 10A-10 (involuntary servitude) or subsection (b) of Section 10A-10 (sexual servitude of a minor), or transported in violation of subsection (c) of Section 10A-10 (trafficking of persons for forced labor or services).

(720 ILCS 5/10A-10 new)

Sec. 10A-10. Criminal provisions.

(a) Servitude. Whoever knowingly subjects, or attempts to subject, another person to forced labor or services shall be punished as follows, subject to subsection (d):

(1) by causing or threatening to cause physical harm to any person, is guilty of a Class X felony;

(2) by physically restraining or threatening to physically restrain another person, is guilty of a Class 1 felony;

(3) by abusing or threatening to abuse the law or legal process, is guilty of a Class 2 felony;

(4) by knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, is guilty of a Class 3 felony;

(5) by using intimidation, or using or threatening to cause financial harm to or by exerting financial control over any person, is guilty of a Class 4 felony.

(b) Servitude of a minor. Whoever 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 commercial sexual activity, a sexually-explicit performance, or the production of pornography, shall be punished as follows, subject to the provisions of subsection (d):

(1) In cases involving a minor between the ages of 17 and 18 years, not involving overt force or threat, the defendant is guilty of a Class 1 felony.

(2) In cases in which the minor had not attained the age of 17 years, not involving overt force or threat, the defendant is guilty of a Class X felony.

(3) In cases in which the violation involved overt force or threat, the defendant is guilty of a Class X felony.

(c) Trafficking of persons for forced labor or services. Whoever 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 forced labor or services; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraphs (a) or (b) of this Section, subject to the provisions of subsection (d), is guilty of a Class 1 felony.

(d) Sentencing enhancements.

(1) Statutory maximum; sexual assault, extreme violence, and death. If the violation of this Article involves kidnaping or an attempt to kidnap, aggravated criminal sexual assault or the attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder, the defendant is guilty of a Class X felony, or if death results, may be sentenced as provided for first degree murder.

(2) Sentencing considerations within statutory maximums.

(A) Bodily injury. If, pursuant to a violation of this Article, 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.

(B) 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.

(e) Restitution. Restitution is mandatory under this Article. 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).

(f) Trafficking victim protection

(1) The Attorney General, in cooperation with the Administrative Office of the Illinois Courts, State's Attorneys, circuit court officials, the Department of Human Services, and the Department of Public Aid shall ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and State public benefits programs, victim protection services and immigration assistance services, where applicable.

(2) State's Attorneys shall refer an immigrant victim to the Attorney General for certification that the individual is a victim of trafficking or involuntary servitude so that the individual can qualify for a special immigrant visa and can have access to available federal benefits.

(3) The Attorney General, in consultation with the Department of Human Services, the Department of Public Aid and the Administrative Office of the Illinois Courts, shall, within 6 months after the effective date of this amendatory Act of the 94th General Assembly, determine and issue a report on how existing social services, public aid programs, and victim protecting laws and rules respond to the needs of victims of trafficking and involuntary servitude. The report shall identify areas where improved services and coordination are needed and make recommendations for modifications and improvements.