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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by adding
5 Article 10A as follows:
 
6     (720 ILCS 5/Art. 10A heading new)
7
ARTICLE 10A.
TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE

 
8     (720 ILCS 5/10A-5 new)
9     Sec. 10A-5. Definitions. In this Article:
10     (1) "Intimidation" has the meaning prescribed in Section
11 12-6.
12     (2) "Commercial sexual activity" means any sex act on
13 account of which anything of value is given, promised to, or
14 received by any person.
15     (3) "Financial harm" includes intimidation that brings
16 about financial loss, criminal usury, or employment contracts
17 that violate the Frauds Act.
18     (4) "Forced labor or services" means labor or services that
19 are performed or provided by another person and are obtained or
20 maintained through:
21         (A) any scheme, plan, or pattern intending to cause or
22     threatening to cause serious harm to any person;
23         (B) an actor's physically restraining or threatening
24     to physically restrain another person;
25         (C) an actor's abusing or threatening to abuse the law
26     or legal process;
27         (D) an actor's knowingly destroying, concealing,
28     removing, confiscating, or possessing any actual or
29     purported passport or other immigration document, or any
30     other actual or purported government identification
31     document, of another person;

 

 

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1         (E) an actor's blackmail; or
2         (F) an actor's causing or threatening to cause
3     financial harm to or exerting financial control over any
4     person.
5     (5) "Labor" means work of economic or financial value.
6     (6) "Maintain" means, in relation to labor or services, to
7 secure continued performance thereof, regardless of any
8 initial agreement on the part of the victim to perform such
9 type of service.
10     (7) "Obtain" means, in relation to labor or services, to
11 secure performance thereof.
12     (8) "Services" means a relationship between a person and
13 the actor in which the person performs activities under the
14 supervision of or for the benefit of the actor. Commercial
15 sexual activity and sexually-explicit performances are forms
16 of "services" under this Section. Nothing in this provision
17 should be construed to legitimize or legalize prostitution.
18     (9) "Sexually-explicit performance" means a live,
19 recorded, broadcast (including over the Internet) or public act
20 or show intended to arouse or satisfy the sexual desires or
21 appeal to the prurient interests of patrons.
22     (10) "Trafficking victim" means a person subjected to the
23 practices set forth in subsection (a) of Section 10A-10
24 (involuntary servitude) or subsection (b) of Section 10A-10
25 (sexual servitude of a minor), or transported in violation of
26 subsection (c) of Section 10A-10 (trafficking of persons for
27 forced labor or services).
 
28     (720 ILCS 5/10A-10 new)
29     Sec. 10A-10. Criminal provisions.
30     (a) Involuntary servitude. Whoever knowingly subjects,
31 attempts to subject, or engages in a conspiracy to subject
32 another person to forced labor or services shall be punished as
33 follows, subject to subsection (d):
34         (1) by causing or threatening to cause physical harm to
35     any person, is guilty of a Class X felony;

 

 

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1         (2) by physically restraining or threatening to
2     physically restrain another person, is guilty of a Class 1
3     felony;
4         (3) by abusing or threatening to abuse the law or legal
5     process, is guilty of a Class 2 felony;
6         (4) by knowingly destroying, concealing, removing,
7     confiscating or possessing any actual or purported
8     passport or other immigration document, or any other actual
9     or purported government identification document, of
10     another person, is guilty of a Class 3 felony.
11         (5) by using intimidation, or using or threatening to
12     cause financial harm to or by exerting financial control
13     over any person, is guilty of a Class 4 felony.
14     (b) Involuntary servitude of a minor. Whoever knowingly
15 recruits, entices, harbors, transports, provides, or obtains
16 by any means, or attempts to recruit, entice, harbor, provide,
17 or obtain by any means, another person under 18 years of age,
18 knowing that the minor will engage in commercial sexual
19 activity, sexually-explicit performance, or the production of
20 pornography, or causes or attempts to cause a minor to engage
21 in commercial sexual activity, sexually-explicit performance,
22 or the production of pornography, shall be punished as follows,
23 subject to the provisions of subsection (d):
24         (1) In cases involving a minor between the ages of 17
25     and 18 years, not involving overt force or threat, the
26     defendant is guilty of a Class 1 felony.
27         (2) In cases in which the minor had not attained the
28     age of 17 years, not involving overt force or threat, the
29     defendant is guilty of a Class X felony.
30         (3) In cases in which the violation involved overt
31     force or threat, the defendant is guilty of a Class X
32     felony.
33     (c) Trafficking of persons for forced labor or services.
34 Whoever knowingly: (1) recruits, entices, harbors, transports,
35 provides, or obtains by any means, or attempts to recruit,
36 entice, harbor, transport, provide, or obtain by any means,

 

 

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1 another person, intending or knowing that the person will be
2 subjected to forced labor or services; or (2) benefits,
3 financially or by receiving anything of value, from
4 participation in a venture which has engaged in an act
5 described in violation of paragraphs (a) or (b) of this
6 Section, subject to the provisions of subsection (d), is guilty
7 of a Class 1 felony.
8     (d) Sentencing enhancements.
9         (1) Statutory maximum; sexual assault, extreme
10     violence, and death. If the violation of this Article
11     involves kidnaping or an attempt to kidnap, aggravated
12     criminal sexual assault or the attempt to commit aggravated
13     criminal sexual assault, or an attempt to kill, the
14     defendant is guilty of a Class X felony, or if death
15     results, may be sentenced as provided for first degree
16     murder.
17         (2) Sentencing considerations within statutory
18     maximums.
19             (A) Bodily injury. If, pursuant to a violation of
20         this Article, a victim suffered bodily injury, the
21         defendant may be sentenced to an extended term sentence
22         under Section 5-8-2 of the Unified Code of Corrections.
23         The sentencing court must take into account the time in
24         which the victim was held in servitude, with increased
25         penalties for cases in which the victim was held for
26         between 180 days and one year, and increased penalties
27         for cases in which the victim was held for more than
28         one year.
29             (B) Number of victims. In determining sentences
30         within statutory maximums, the sentencing court should
31         take into account the number of victims, and may
32         provide for substantially-increased sentences in cases
33         involving more than 10 victims.
34     (e) Restitution. Restitution is mandatory under this
35 Article. In addition to any other amount of loss identified,
36 the court shall order restitution including the greater of (1)

 

 

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1 the gross income or value to the defendant of the victim's
2 labor or services or (2) the value of the victim's labor as
3 guaranteed under the Minimum Wage Law and overtime provisions
4 of the Fair Labor Standards Act (FLSA).
5     (f) Trafficking victim services. Subject to the
6 availability of funds, the Department of Human Services may
7 provide or fund emergency services and assistance to
8 individuals who are victims of one or more offenses defined in
9 this Article 10A.