Illinois General Assembly - Full Text of HB4592
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4592  102nd General Assembly

HB4592 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4592

 

Introduced 1/21/2022, by Rep. Chris Bos, Chris Miller, Norine K. Hammond, Keith R. Wheeler, Blaine Wilhour, et al.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/10-9
720 ILCS 5/11-14.1

    Amends the Criminal Code of 2012. Provides for increased penalties for involuntary servitude if the victim was recruited, enticed, or obtained by any means from a shelter, safe house, or facility, including, but not limited to, a residential treatment center that serves runway youth, foster children, the homeless, or victims of trafficking, or those subjected to domestic violence or sexual assault. Provides that a person also commits the offense of involuntary sexual servitude of a minor when he or she 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 one or more of those activities and the minor is under 18 years of age and was recruited, enticed, or obtained by any means from a shelter, safe house, or facility, including, but not limited to, a residential treatment center that serves runway youth, foster children, the homeless, or victims of trafficking, or those subjected to domestic violence or sexual assault. Provides that solicitation of a sexual act is a Class 4 felony and a second or subsequent offense is a Class 3 felony (rather than a Class A misdemeanor). Provides that solicitation of a sexual act from a person who is under 18 years of age or who is a person with a severe or profound intellectual disability is a Class 3 (rather than a Class 4) felony and a second or subsequent offense is a Class 2 felony.


LRB102 24398 RLC 33632 b

 

 

A BILL FOR

 

HB4592LRB102 24398 RLC 33632 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 10-9 and 11-14.1 as follows:
 
6    (720 ILCS 5/10-9)
7    Sec. 10-9. Trafficking in persons, involuntary servitude,
8and related offenses.
9    (a) Definitions. In this Section:
10        (1) "Intimidation" has the meaning prescribed in
11    Section 12-6.
12        (2) "Commercial sexual activity" means any sex act on
13    account of which anything of value is given, promised to,
14    or received by any person.
15        (2.5) "Company" means any sole proprietorship,
16    organization, association, corporation, partnership,
17    joint venture, limited partnership, limited liability
18    partnership, limited liability limited partnership,
19    limited liability company, or other entity or business
20    association, including all wholly owned subsidiaries,
21    majority-owned subsidiaries, parent companies, or
22    affiliates of those entities or business associations,
23    that exist for the purpose of making profit.

 

 

HB4592- 2 -LRB102 24398 RLC 33632 b

1        (3) "Financial harm" includes intimidation that brings
2    about financial loss, criminal usury, or employment
3    contracts that violate the Frauds Act.
4        (4) (Blank).
5        (5) "Labor" means work of economic or financial value.
6        (6) "Maintain" means, in relation to labor or
7    services, to secure continued performance thereof,
8    regardless of any initial agreement on the part of the
9    victim to perform that type of service.
10        (7) "Obtain" means, in relation to labor or services,
11    to secure performance thereof.
12        (7.1) "Residential treatment center" has the meaning
13    ascribed to it in subsection (12.3) of Section 1-3 of the
14    Juvenile Court Act of 1987.
15        (7.5) "Serious harm" means any harm, whether physical
16    or nonphysical, including psychological, financial, or
17    reputational harm, that is sufficiently serious, under all
18    the surrounding circumstances, to compel a reasonable
19    person of the same background and in the same
20    circumstances to perform or to continue performing labor
21    or services in order to avoid incurring that harm.
22        (8) "Services" means activities resulting from a
23    relationship between a person and the actor in which the
24    person performs activities under the supervision of or for
25    the benefit of the actor. Commercial sexual activity and
26    sexually-explicit performances are forms of activities

 

 

HB4592- 3 -LRB102 24398 RLC 33632 b

1    that are "services" under this Section. Nothing in this
2    definition may be construed to legitimize or legalize
3    prostitution.
4        (9) "Sexually-explicit performance" means a live,
5    recorded, broadcast (including over the Internet), or
6    public act or show intended to arouse or satisfy the
7    sexual desires or appeal to the prurient interests of
8    patrons.
9        (10) "Trafficking victim" means a person subjected to
10    the practices set forth in subsection (b), (c), or (d).
11    (b) Involuntary servitude. A person commits involuntary
12servitude when he or she knowingly subjects, attempts to
13subject, or engages in a conspiracy to subject another person
14to labor or services obtained or maintained through any of the
15following means, or any combination of these means:
16        (1) causes or threatens to cause physical harm to any
17    person;
18        (2) physically restrains or threatens to physically
19    restrain another person;
20        (3) abuses or threatens to abuse the law or legal
21    process;
22        (4) knowingly destroys, conceals, removes,
23    confiscates, or possesses any actual or purported passport
24    or other immigration document, or any other actual or
25    purported government identification document, of another
26    person;

 

 

HB4592- 4 -LRB102 24398 RLC 33632 b

1        (5) uses intimidation, or exerts financial control
2    over any person; or
3        (6) uses any scheme, plan, or pattern intended to
4    cause the person to believe that, if the person did not
5    perform the labor or services, that person or another
6    person would suffer serious harm or physical restraint.
7    Sentence. Except as otherwise provided in subsection (e)
8or (f), a violation of subsection (b)(1) is a Class X felony,
9(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
10is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
11    A violation of subsection (b)(2) if the person was
12recruited, enticed, or obtained by any means from a shelter,
13safe house, or facility, including, but not limited to, a
14residential treatment center that serves runway youth, foster
15children, the homeless, or victims of trafficking, or those
16subjected to domestic violence or sexual assault is a Class X
17felony.
18    A violation of subsection (b)(3) if the person was
19recruited, enticed, or obtained by any means from a shelter,
20safe house, or facility, including, but not limited to, a
21residential treatment center that serves runway youth, foster
22children, the homeless, or victims of trafficking, or those
23subjected to domestic violence or sexual assault is a Class 1
24felony.
25    A violation of subsection (b)(4) if the person was
26recruited, enticed, or obtained by any means from a shelter,

 

 

HB4592- 5 -LRB102 24398 RLC 33632 b

1safe house, or facility, including, but not limited to, a
2residential treatment center that serves runway youth, foster
3children, the homeless, or victims of trafficking, or those
4subjected to domestic violence or sexual assault is a Class 2
5felony.
6    A violation of subsection (b)(5) or (b)(6) if the person
7was recruited, enticed, or obtained by any means from a
8shelter, safe house, or facility, including, but not limited
9to, a residential treatment center that serves runway youth,
10foster children, the homeless, or victims of trafficking, or
11those subjected to domestic violence or sexual assault is a
12Class 3 felony.
13    (c) Involuntary sexual servitude of a minor. A person
14commits involuntary sexual servitude of a minor when he or she
15knowingly recruits, entices, harbors, transports, provides, or
16obtains by any means, or attempts to recruit, entice, harbor,
17provide, or obtain by any means, another person under 18 years
18of age, knowing that the minor will engage in commercial
19sexual activity, a sexually-explicit performance, or the
20production of pornography, or causes or attempts to cause a
21minor to engage in one or more of those activities and:
22        (1) there is no overt force or threat and the minor is
23    between the ages of 17 and 18 years;
24        (2) there is no overt force or threat and the minor is
25    under the age of 17 years; or
26        (3) there is overt force or threat; or .

 

 

HB4592- 6 -LRB102 24398 RLC 33632 b

1        (4) the minor is under 18 years of age and was
2    recruited, enticed, or obtained by any means from a
3    shelter, safe house, or facility, including, but not
4    limited to, a residential treatment center that serves
5    runway youth, foster children, the homeless, or victims of
6    trafficking, or those subjected to domestic violence or
7    sexual assault.
8    Sentence. Except as otherwise provided in subsection (e)
9or (f), a violation of subsection (c)(1) is a Class 1 felony,
10(c)(2) is a Class X felony, and (c)(3) is a Class X felony, and
11(c)(4) is a Class X felony.
12    (d) Trafficking in persons. A person commits trafficking
13in persons when he or she knowingly: (1) recruits, entices,
14harbors, transports, provides, or obtains by any means, or
15attempts to recruit, entice, harbor, transport, provide, or
16obtain by any means, another person, intending or knowing that
17the person will be subjected to involuntary servitude; or (2)
18benefits, financially or by receiving anything of value, from
19participation in a venture that has engaged in an act of
20involuntary servitude or involuntary sexual servitude of a
21minor. A company commits trafficking in persons when the
22company knowingly benefits, financially or by receiving
23anything of value, from participation in a venture that has
24engaged in an act of involuntary servitude or involuntary
25sexual servitude of a minor.
26    Sentence. Except as otherwise provided in subsection (e)

 

 

HB4592- 7 -LRB102 24398 RLC 33632 b

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

 

 

HB4592- 8 -LRB102 24398 RLC 33632 b

1the court shall order restitution including the greater of (1)
2the gross income or value to the defendant of the victim's
3labor or services or (2) the value of the victim's labor as
4guaranteed under the Minimum Wage Law and overtime provisions
5of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
6whichever is greater.
7    (g-5) Fine distribution. If the court imposes a fine under
8subsection (b), (c), or (d) of this Section, it shall be
9collected and distributed to the Specialized Services for
10Survivors of Human Trafficking Fund in accordance with Section
115-9-1.21 of the Unified Code of Corrections.
12    (h) Trafficking victim services. Subject to the
13availability of funds, the Department of Human Services may
14provide or fund emergency services and assistance to
15individuals who are victims of one or more offenses defined in
16this Section.
17    (i) Certification. The Attorney General, a State's
18Attorney, or any law enforcement official shall certify in
19writing to the United States Department of Justice or other
20federal agency, such as the United States Department of
21Homeland Security, that an investigation or prosecution under
22this Section has begun and the individual who is a likely
23victim of a crime described in this Section is willing to
24cooperate or is cooperating with the investigation to enable
25the individual, if eligible under federal law, to qualify for
26an appropriate special immigrant visa and to access available

 

 

HB4592- 9 -LRB102 24398 RLC 33632 b

1federal benefits. Cooperation with law enforcement shall not
2be required of victims of a crime described in this Section who
3are under 18 years of age. This certification shall be made
4available to the victim and his or her designated legal
5representative.
6    (j) A person who commits involuntary servitude,
7involuntary sexual servitude of a minor, or trafficking in
8persons under subsection (b), (c), or (d) of this Section is
9subject to the property forfeiture provisions set forth in
10Article 124B of the Code of Criminal Procedure of 1963.
11(Source: P.A. 101-18, eff. 1-1-20.)
 
12    (720 ILCS 5/11-14.1)
13    Sec. 11-14.1. Solicitation of a sexual act.
14    (a) Any person who offers a person not his or her spouse
15any money, property, token, object, or article or anything of
16value for that person or any other person not his or her spouse
17to perform any act of sexual penetration as defined in Section
1811-0.1 of this Code, or any touching or fondling of the sex
19organs of one person by another person for the purpose of
20sexual arousal or gratification, commits solicitation of a
21sexual act.
22    (b) Sentence. Solicitation of a sexual act is a Class 4
23felony and a second or subsequent offense is a Class 3 felony A
24misdemeanor. Solicitation of a sexual act from a person who is
25under the age of 18 or who is a person with a severe or

 

 

HB4592- 10 -LRB102 24398 RLC 33632 b

1profound intellectual disability is a Class 3 4 felony and a
2second or subsequent offense is a Class 2 felony. If the court
3imposes a fine under this subsection (b), it shall be
4collected and distributed to the Specialized Services for
5Survivors of Human Trafficking Fund in accordance with Section
65-9-1.21 of the Unified Code of Corrections.
7    (b-5) It is an affirmative defense to a charge of
8solicitation of a sexual act with a person who is under the age
9of 18 or who is a person with a severe or profound intellectual
10disability that the accused reasonably believed the person was
11of the age of 18 years or over or was not a person with a
12severe or profound intellectual disability at the time of the
13act giving rise to the charge.
14    (c) This Section does not apply to a person engaged in
15prostitution who is under 18 years of age.
16    (d) A person cannot be convicted under this Section if the
17practice of prostitution underlying the offense consists
18exclusively of the accused's own acts of prostitution under
19Section 11-14 of this Code.
20(Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)