Full Text of SB0477 94th General Assembly
SB0477eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding | 5 |
| Article 10A as follows: | 6 |
| (720 ILCS 5/Art. 10A heading new)
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| ARTICLE 10A. TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE | 8 |
| (720 ILCS 5/10A-5 new)
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| Sec. 10A-5. Definitions. In this Article:
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| (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.
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| (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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| (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)
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| Sec. 10A-10. Criminal provisions.
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| (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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| (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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| 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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| 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.
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