SB0477 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0477

 

Introduced 2/16/2005, by Sen. John J. Cullerton

 

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.


LRB094 07760 RLC 37938 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0477 LRB094 07760 RLC 37938 b

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 an actor's:
21         (A) causing or threatening to cause serious harm to any
22     person;
23         (B) physically restraining or threatening to
24     physically restrain another person;
25         (C) abusing or threatening to abuse the law or legal
26     process;
27         (D) knowingly destroying, concealing, removing,
28     confiscating, or possessing any actual or purported
29     passport or other immigration document, or any other actual
30     or purported government identification document, of
31     another person;

 

 

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

 

 

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

 

 

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

 

 

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1 guaranteed under the Minimum Wage Law and overtime provisions
2 of the Fair Labor Standards Act (FLSA).