Illinois General Assembly - Bill Status for HB5278

Amends the Criminal Code of 1961. Provides that the statute of limitations for a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services may be commenced within one year of the victim attaining the age of 18 years. Provides that in no case shall the time period for prosecution of those offenses expire sooner than 3 years after the commission of the offense. Includes in the offense of involuntary servitude using a scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform that labor or services, that person or another person would suffer serious harm or physical restraint. Amends the Code of Criminal Procedure of 1963. Provides that in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons, when the offense involves sexual activity, the prior sexual activity or the reputation of the alleged victim or corroborating witness is inadmissible except under certain circumstances. Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" trafficking in persons, involuntary servitude, and related offenses, provided the offense involved commercial sexual activity, a sexually-explicit performance, or the production of pornography. Also includes in the definition of "sex offense", involuntary sexual servitude of a minor.

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that when the victim is under 18 years of age at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. Eliminates from the elements of involuntary servitude that the labor or services must be forced upon the victim. Provides that a person also commits the offense when he or she uses any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint. Provides that the penalty for that violation is a Class 4 felony. Eliminates subjecting a person to forced labor or services from the offense of trafficking in persons. Replaces that provision with subjecting the person to involuntary servitude. In the statute permitting the impoundment of a vehicle used in certain human trafficking and prostitution related offenses, provides that the provisions apply to violations of related municipal ordinances. Provides that the proceeds of the impoundment fee paid by the defendant shall be distributed to the law enforcement agency (rather than the unit of government) whose peace officers made the arrest for the costs incurred by the law enforcement agency to investigate and to tow and impound the vehicle. Amends various other Acts to make conforming changes.

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