Full Text of SB3108 100th General Assembly
SB3108ham001 100TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 5/11/2018
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| 1 | | AMENDMENT TO SENATE BILL 3108
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3108 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 13-225 as follows: | 6 | | (735 ILCS 5/13-225)
| 7 | | Sec. 13-225. Trafficking victims protection Predator | 8 | | accountability . | 9 | | (a) In this Section, "human trafficking", "involuntary | 10 | | servitude", "sex trade" , and "victim of the sex trade" have the | 11 | | meanings ascribed to them in Section 10 of the Trafficking | 12 | | Victims Protection Predator Accountability Act. | 13 | | (b) Subject to both subsections (e) and (f) and | 14 | | notwithstanding any other provision of law, an action under the | 15 | | Trafficking Victims Protection Predator Accountability Act | 16 | | must be commenced within 10 years of the date the limitation |
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| 1 | | period begins to run under subsection (d) or within 10 years of | 2 | | the date the plaintiff discovers or through the use of | 3 | | reasonable diligence should discover both (i) that the sex | 4 | | trade , involuntary servitude, or human trafficking act | 5 | | occurred, and (ii) that the defendant caused, was responsible | 6 | | for, or profited from the sex trade , involuntary servitude, or | 7 | | human trafficking act. The fact that the plaintiff discovers or | 8 | | through the use of reasonable diligence should discover that | 9 | | the sex trade , involuntary servitude, or human trafficking act | 10 | | occurred is not, by itself, sufficient to start the discovery | 11 | | period under this subsection (b). | 12 | | (c) If the injury is caused by 2 or more acts that are part | 13 | | of a continuing series of sex trade , involuntary servitude, or | 14 | | human trafficking acts by the same defendant, then the | 15 | | discovery period under subsection (b) shall be computed from | 16 | | the date the person abused discovers or through the use of | 17 | | reasonable diligence should discover (i) that the last sex | 18 | | trade , involuntary servitude, or human trafficking act in the | 19 | | continuing series occurred, and (ii) that the defendant caused, | 20 | | was responsible for, or profited from the series of sex trade , | 21 | | involuntary servitude, or human trafficking acts. The fact that | 22 | | the plaintiff discovers or through the use of reasonable | 23 | | diligence should discover that the last sex trade , involuntary | 24 | | servitude, or human trafficking act in the continuing series | 25 | | occurred is not, by itself, sufficient to start the discovery | 26 | | period under subsection (b). |
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| 1 | | (d) The limitation periods in subsection (b) do not begin | 2 | | to run before the plaintiff attains the age of 18 years; and, | 3 | | if at the time the plaintiff attains the age of 18 years he or | 4 | | she is under other legal disability, the limitation periods | 5 | | under subsection (b) do not begin to run until the removal of | 6 | | the disability. | 7 | | (e) The limitation periods in subsection (b) do not run | 8 | | during a time period when the plaintiff is subject to threats, | 9 | | intimidation, manipulation, or fraud perpetrated by the | 10 | | defendant or by any person acting in the interest of the | 11 | | defendant. | 12 | | (f) The limitation periods in subsection (b) do not | 13 | | commence running until the expiration of all limitations | 14 | | periods applicable to the criminal prosecution of the plaintiff | 15 | | for any acts which form the basis of a cause of action under | 16 | | the Trafficking Victims Protection Predator Accountability | 17 | | Act.
| 18 | | (Source: P.A. 94-998, eff. 7-3-06.) | 19 | | Section 10. The Predator Accountability Act is amended by | 20 | | changing Sections 1, 5, 10, 15, 20, 25, and 45 as follows: | 21 | | (740 ILCS 128/1)
| 22 | | Sec. 1. Short title. This Act may be cited as the | 23 | | Trafficking Victims Protection Predator Accountability Act.
| 24 | | (Source: P.A. 94-998, eff. 7-3-06.) |
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| 1 | | (740 ILCS 128/5)
| 2 | | Sec. 5. Purpose. The purpose of this Act is to allow | 3 | | persons who have been or who are subjected to the sex trade , | 4 | | involuntary servitude, or human trafficking to seek civil | 5 | | damages and remedies from individuals and entities that | 6 | | recruited, harmed, profited from, or maintained them in the sex | 7 | | trade or involuntary servitude or subjected them to human | 8 | | trafficking .
| 9 | | (Source: P.A. 94-998, eff. 7-3-06.) | 10 | | (740 ILCS 128/10)
| 11 | | Sec. 10. Definitions. As used in this Act: | 12 | | "Human trafficking" means a violation or attempted | 13 | | violation of subsection (d) of Section 10-9 of the Criminal | 14 | | Code of 2012. | 15 | | "Involuntary servitude" means a violation or attempted | 16 | | violation of subsection (b) of Section 10-9 of the Criminal | 17 | | Code of 2012. | 18 | | "Sex trade" means any act, which if proven beyond a | 19 | | reasonable doubt could support a conviction for a violation or | 20 | | attempted violation of any of the following Sections of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3 | 22 | | (promoting prostitution); 11-14.4 (promoting juvenile | 23 | | prostitution); 11-15 (soliciting for a prostitute); 11-15.1 | 24 | | (soliciting for a juvenile prostitute); 11-16 (pandering); |
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| 1 | | 11-17 (keeping a place of prostitution); 11-17.1 (keeping a | 2 | | place of juvenile prostitution); 11-19 (pimping); 11-19.1 | 3 | | (juvenile pimping and aggravated juvenile pimping); 11-19.2 | 4 | | (exploitation of a child); 11-20 (obscenity); 11-20.1 (child | 5 | | pornography); or 11-20.1B or 11-20.3 (aggravated child | 6 | | pornography); or subsection (c) of Section 10-9 ( trafficking in | 7 | | persons and involuntary sexual servitude of a minor ). | 8 | | "Sex trade" activity may involve adults and youth of all | 9 | | genders and sexual orientations.
| 10 | | "Victim of the sex trade" means, for the following sex | 11 | | trade acts, the person or persons indicated: | 12 | | (1) soliciting for a prostitute: the prostitute who is | 13 | | the object of the solicitation; | 14 | | (2) soliciting for a juvenile prostitute: the juvenile | 15 | | prostitute, or person with a severe or profound | 16 | | intellectual disability, who is the object of the | 17 | | solicitation; | 18 | | (3) promoting prostitution as described in subdivision | 19 | | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012, or pandering: | 21 | | the person intended or compelled to act as a prostitute; | 22 | | (4) keeping a place of prostitution: any person | 23 | | intended or compelled to act as a prostitute, while present | 24 | | at the place, during the time period in question; | 25 | | (5) keeping a place of juvenile prostitution: any | 26 | | juvenile intended or compelled to act as a prostitute, |
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| 1 | | while present at the place, during the time period in | 2 | | question; | 3 | | (6) promoting prostitution as described in subdivision | 4 | | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | 5 | | or the Criminal Code of 2012, or pimping: the prostitute | 6 | | from whom anything of value is received; | 7 | | (7) promoting juvenile prostitution as described in | 8 | | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 10 | | juvenile pimping and aggravated juvenile pimping: the | 11 | | juvenile, or person with a severe or profound intellectual | 12 | | disability, from whom anything of value is received for | 13 | | that person's act of prostitution; | 14 | | (8) promoting juvenile prostitution as described in | 15 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | 16 | | of 1961 or the Criminal Code of 2012, or exploitation of a | 17 | | child: the juvenile, or person with a severe or profound | 18 | | intellectual disability, intended or compelled to act as a | 19 | | prostitute or from whom anything of value is received for | 20 | | that person's act of prostitution; | 21 | | (9) obscenity: any person who appears in or is | 22 | | described or depicted in the offending conduct or material; | 23 | | (10) child pornography or aggravated child | 24 | | pornography: any child, or person with a severe or profound | 25 | | intellectual disability, who appears in or is described or | 26 | | depicted in the offending conduct or material; or |
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| 1 | | (11) trafficking of persons or involuntary sexual | 2 | | servitude of a minor : a "trafficking victim" as defined in | 3 | | subsection (c) of Section 10-9 of the Criminal Code of 1961 | 4 | | or the Criminal Code of 2012.
| 5 | | (Source: P.A. 99-143, eff. 7-27-15.) | 6 | | (740 ILCS 128/15) | 7 | | Sec. 15. Cause of action. | 8 | | (a) A victim of the sex trade, involuntary servitude, or | 9 | | human trafficking may bring an action in civil court under this | 10 | | Act Violations of this Act are actionable in civil court . | 11 | | (a-1) A legal guardian, agent of the victim, court | 12 | | appointee, or organization that represents the interests of or | 13 | | serves victims may bring a cause of action on behalf of a | 14 | | victim. An action may also be brought by a government entity | 15 | | responsible for enforcing the laws of this State. | 16 | | (b) A victim of the sex trade has a cause of action against | 17 | | a person or entity who:
| 18 | | (1) recruits, profits from, or maintains the victim in | 19 | | any sex trade act; | 20 | | (2) intentionally abuses, as defined in Section 103 of | 21 | | the Illinois Domestic Violence Act of 1986, or causes | 22 | | bodily harm, as defined in Section 11-0.1 of the Criminal | 23 | | Code of 2012, to a victim of the sex trade the victim in | 24 | | any sex trade act ; or
| 25 | | (3) knowingly advertises or publishes advertisements |
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| 1 | | for purposes of recruitment into sex trade activity. | 2 | | (b-1) A victim of involuntary servitude or human | 3 | | trafficking has a cause of action against any person or entity | 4 | | who knowingly subjects, attempts to subject, or engages in a | 5 | | conspiracy to subject the victim to involuntary servitude or | 6 | | human trafficking. | 7 | | (c) This Section shall not be construed to create liability | 8 | | to any person or entity who provides goods or services to the | 9 | | general public, who also provides those goods or services to | 10 | | persons who would be liable under subsection (b) of this | 11 | | Section, absent a showing that the person or entity either:
| 12 | | (1) knowingly markets or provides its goods or services | 13 | | primarily to persons or entities liable under subsection | 14 | | (b) of this Section;
| 15 | | (2) knowingly receives a higher level of compensation | 16 | | from persons or entities liable under subsection (b) of | 17 | | this Section than it generally receives from customers; or | 18 | | (3) supervises or exercises control over persons or | 19 | | entities liable under subsection (b) of this Section.
| 20 | | (d) The standard of proof in any action brought under this | 21 | | Section is a preponderance of the evidence. | 22 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | 23 | | (740 ILCS 128/20)
| 24 | | Sec. 20. Relief. A prevailing victim of the sex trade , | 25 | | involuntary servitude, or human trafficking shall be entitled |
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| 1 | | to all relief that would make him or her whole. This includes, | 2 | | but is not limited to: | 3 | | (1) declaratory relief;
| 4 | | (2) injunctive relief;
| 5 | | (3) recovery of costs and attorney fees including, but | 6 | | not limited to, costs for expert testimony and witness | 7 | | fees; | 8 | | (4) compensatory damages including, but not limited | 9 | | to: | 10 | | (A) economic loss, including damage, destruction, | 11 | | or loss of use of personal property, and loss of past | 12 | | or future earning capacity , and, for a victim of | 13 | | involuntary servitude or human trafficking, any | 14 | | statutorily required wages under applicable State or | 15 | | federal law ; and | 16 | | (B) damages for death, personal injury, disease, | 17 | | and mental and emotional harm, including medical, | 18 | | rehabilitation, burial expenses, pain and suffering, | 19 | | and physical impairment; | 20 | | (5) punitive damages; and | 21 | | (6) damages in the amount of the gross revenues | 22 | | received by the defendant from, or related to, the sex | 23 | | trade , involuntary servitude, or human trafficking | 24 | | activities of the plaintiff or the trafficking and | 25 | | involuntary servitude of the plaintiff .
| 26 | | (Source: P.A. 94-998, eff. 7-3-06; 95-331, eff. 8-21-07.) |
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| 1 | | (740 ILCS 128/25)
| 2 | | Sec. 25. Non-defenses. | 3 | | (a) It is not a defense to an action brought under this Act | 4 | | that: | 5 | | (1) the victim of the sex trade , involuntary servitude, | 6 | | or human trafficking and the defendant had a marital or | 7 | | consenting sexual relationship;
| 8 | | (2) the defendant is related to the victim of the sex | 9 | | trade , involuntary servitude, or human trafficking by | 10 | | blood or marriage, or has lived with the defendant in any | 11 | | formal or informal household arrangement;
| 12 | | (3) the victim of the sex trade , involuntary servitude, | 13 | | or human trafficking was paid or otherwise compensated for | 14 | | sex trade activity , human, or other services ;
| 15 | | (4) the victim of the sex trade engaged in sex trade | 16 | | activity or had been subjected to involuntary servitude or | 17 | | human trafficking prior to any involvement with the | 18 | | defendant;
| 19 | | (5) the victim of the sex trade , involuntary servitude, | 20 | | or human trafficking made no attempt to escape, flee, or | 21 | | otherwise terminate contact with the defendant;
| 22 | | (6) the victim of the sex trade , involuntary servitude, | 23 | | or human trafficking consented to engage in acts of the sex | 24 | | trade , human, or other services ;
| 25 | | (7) it was a single incident of activity;
or |
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| 1 | | (8) there was no physical contact involved ; or . | 2 | | (9) a defendant has been acquitted or has not been | 3 | | investigated, arrested, prosecuted, or convicted under the | 4 | | Criminal Code of 2012 or has been convicted of a different | 5 | | offense for the conduct that is alleged to give rise to | 6 | | liability under this Act. | 7 | | (b) Any illegality of the sex trade activity , human, or | 8 | | services on the part of the victim of the sex trade , | 9 | | involuntary servitude, or human trafficking shall not be an | 10 | | affirmative defense to any action brought under this Act.
| 11 | | (Source: P.A. 94-998, eff. 7-3-06.) | 12 | | (740 ILCS 128/45)
| 13 | | Sec. 45. No avoidance of liability. No person may avoid | 14 | | liability under this Act by means of any conveyance of any | 15 | | right, title, or interest in real property, or by any | 16 | | indemnification, hold harmless agreement, or similar agreement | 17 | | that purports to show consent of the victim of the sex trade , | 18 | | involuntary servitude, or human trafficking .
| 19 | | (Source: P.A. 94-998, eff. 7-3-06.)".
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