Full Text of SB2574 100th General Assembly
SB2574 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2574 Introduced 2/7/2018, by Sen. Karen McConnaughay SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning trafficking in persons, involuntary servitude, and related offenses.
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| | A BILL FOR |
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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 2012 is amended by changing | 5 | | Section 10-9 as follows: | 6 | | (720 ILCS 5/10-9) | 7 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 8 | | and related offenses. | 9 | | (a) Definitions. In this 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 | | (3) "Financial harm" includes intimidation that brings | 16 | | about financial loss, criminal usury, or employment | 17 | | contracts that violate the Frauds Act. | 18 | | (4) (Blank). | 19 | | (5) "Labor" means work of economic or financial value. | 20 | | (6) "Maintain" means, in relation to labor or services, | 21 | | to secure continued performance thereof, regardless of any | 22 | | initial agreement on the part of the victim to perform that | 23 | | type of service. |
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| 1 | | (7) "Obtain" means, in relation to labor or services, | 2 | | to secure performance thereof. | 3 | | (7.5) "Serious harm" means any harm, whether physical | 4 | | or nonphysical, including psychological, financial, or | 5 | | reputational harm, that is sufficiently serious, under all | 6 | | the surrounding circumstances, to compel a reasonable | 7 | | person of the same background and in the same circumstances | 8 | | to perform or to continue performing labor or services in | 9 | | order to avoid incurring that harm. | 10 | | (8) "Services" means activities resulting from a | 11 | | relationship between a person and the actor in which the | 12 | | person performs activities under the supervision of or for | 13 | | the benefit of the actor. Commercial sexual activity and | 14 | | sexually-explicit performances are forms of activities | 15 | | that are "services" under this Section. Nothing in this | 16 | | definition may be construed to legitimize or legalize | 17 | | prostitution. | 18 | | (9) "Sexually-explicit performance" means a live, | 19 | | recorded, broadcast (including over the Internet), or | 20 | | public act or show intended to arouse or satisfy the sexual | 21 | | desires or appeal to the prurient interests of patrons. | 22 | | (10) "Trafficking victim" means a person subjected to | 23 | | the practices set forth in subsection (b), (c), or (d). | 24 | | (b) Involuntary servitude. A person commits involuntary | 25 | | servitude when he or she knowingly subjects, attempts to | 26 | | subject, or engages in a conspiracy to subject another person |
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| 1 | | to labor or services obtained or maintained through any of the | 2 | | following means, or any combination of these means: | 3 | | (1) causes or threatens to cause physical harm to any | 4 | | person; | 5 | | (2) physically restrains or threatens to physically | 6 | | restrain another person; | 7 | | (3) abuses or threatens to abuse the law or legal | 8 | | process; | 9 | | (4) knowingly destroys, conceals, removes, | 10 | | confiscates, or possesses any actual or purported passport | 11 | | or other immigration document, or any other actual or | 12 | | purported government identification document, of another | 13 | | person; | 14 | | (5) uses intimidation, or exerts financial control | 15 | | over any person; or | 16 | | (6) uses any scheme, plan, or pattern intended to cause | 17 | | the person to believe that, if the person did not perform | 18 | | the labor or services, that person or another person would | 19 | | suffer serious harm or physical restraint. | 20 | | Sentence. Except as otherwise provided in subsection (e) or | 21 | | (f), a violation of subsection (b)(1) is a Class X felony, | 22 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 23 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 24 | | (c) Involuntary sexual servitude of a minor. A person | 25 | | commits involuntary sexual servitude of a minor when he or she | 26 | | knowingly recruits, entices, harbors, transports, provides, or |
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| 1 | | obtains by any means, or attempts to recruit, entice, harbor, | 2 | | provide, or obtain by any means, another person under 18 years | 3 | | of age, knowing that the minor will engage in commercial sexual | 4 | | activity, a sexually-explicit performance, or the production | 5 | | of pornography, or causes or attempts to cause a minor to | 6 | | engage in one or more of those activities and: | 7 | | (1) there is no overt force or threat and the minor is | 8 | | between the ages of 17 and 18 years; | 9 | | (2) there is no overt force or threat and the minor is | 10 | | under the age of 17 years; or | 11 | | (3) there is overt force or threat. | 12 | | Sentence. Except as otherwise provided in subsection (e) or | 13 | | (f), a violation of subsection (c)(1) is a Class 1 felony, | 14 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 15 | | (d) Trafficking in persons. A person commits trafficking in | 16 | | persons when he or she knowingly: (1) recruits, entices, | 17 | | harbors, transports, provides, or obtains by any means, or | 18 | | attempts to recruit, entice, harbor, transport, provide, or | 19 | | obtain by any means, another person, intending or knowing that | 20 | | the person will be subjected to involuntary servitude; or (2) | 21 | | benefits, financially or by receiving anything of value, from | 22 | | participation in a venture that has engaged in an act of | 23 | | involuntary servitude or involuntary sexual servitude of a | 24 | | minor. | 25 | | Sentence. Except as otherwise provided in subsection (e) or | 26 | | (f), a violation of this subsection is a Class 1 felony. |
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| 1 | | (e) Aggravating factors. A violation of this Section | 2 | | involving kidnapping or an attempt to kidnap, aggravated | 3 | | criminal sexual assault or an attempt to commit aggravated | 4 | | criminal sexual assault, or an attempt to commit first degree | 5 | | murder is a Class X felony. | 6 | | (f) Sentencing considerations. | 7 | | (1) Bodily injury. If, pursuant to a violation of this | 8 | | Section, a victim
suffered bodily injury, the defendant may | 9 | | be sentenced to an extended-term sentence under Section | 10 | | 5-8-2 of the Unified Code of Corrections. The sentencing | 11 | | court must take into account the time in which the victim | 12 | | was held in servitude, with increased penalties for cases | 13 | | in which the victim was held for between 180 days and one | 14 | | year, and increased penalties for cases in which the victim | 15 | | was held for more than one year. | 16 | | (2) Number of victims. In determining sentences within | 17 | | statutory maximums, the sentencing court should take into | 18 | | account the number of victims, and may provide for | 19 | | substantially increased sentences in cases involving more | 20 | | than 10 victims. | 21 | | (g) Restitution. Restitution is mandatory under this | 22 | | Section. In addition to any other amount of loss identified, | 23 | | the court shall order restitution including the greater of (1) | 24 | | the gross income or value to the defendant of the victim's | 25 | | labor or services or (2) the value of the victim's labor as | 26 | | guaranteed under the Minimum Wage Law and overtime provisions |
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| 1 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 2 | | whichever is greater. | 3 | | (g-5) Fine distribution. If the court imposes a fine under | 4 | | subsection (b), (c), or (d) of this Section, it shall be | 5 | | collected and distributed to the Specialized Services for | 6 | | Survivors of Human Trafficking Fund in accordance with Section | 7 | | 5-9-1.21 of the Unified Code of Corrections. | 8 | | (h) Trafficking victim services. Subject to the | 9 | | availability of funds, the Department of Human Services may | 10 | | provide or fund emergency services and assistance to | 11 | | individuals who are victims of one or more offenses defined in | 12 | | this Section.
| 13 | | (i) Certification. The Attorney General, a State's | 14 | | Attorney, or any law enforcement official shall certify in | 15 | | writing to the United States Department of Justice or other | 16 | | federal agency, such as the United States Department of | 17 | | Homeland Security, that an investigation or prosecution under | 18 | | this Section has begun and the individual who is a likely | 19 | | victim of a crime described in this Section is willing to | 20 | | cooperate or is cooperating with the investigation to enable | 21 | | the individual, if eligible under federal law, to qualify for | 22 | | an appropriate special immigrant visa and to access available | 23 | | federal benefits. Cooperation with law enforcement shall not be | 24 | | required of victims of a crime described in this Section who | 25 | | are under 18 years of age. This certification shall be made | 26 | | available to the victim and his or her designated legal |
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| 1 | | representative. | 2 | | (j) A person who commits involuntary servitude, | 3 | | involuntary sexual servitude of a minor, or trafficking in | 4 | | persons under subsection (b), (c), or (d) of this Section is | 5 | | subject to the property forfeiture provisions set forth in | 6 | | Article 124B of the Code of Criminal Procedure of 1963.
| 7 | | (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | 8 | | 98-1013, eff. 1-1-15 .)
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