SB1890enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB1890 EnrolledLRB101 07959 SLF 53015 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 1. Short title. This Act may be cited as the
5Lodging Services Human Trafficking Recognition Training Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Human Services.
8    "Employee" means a person employed by a lodging
9establishment who has recurring interactions with the public,
10including, but not limited to, an employee who works in a
11reception area, performs housekeeping duties, helps customers
12in moving their possessions, or transports by vehicle customers
13of the lodging establishment.
14    "Human trafficking" means the deprivation or violation of
15the personal liberty of another with the intent to obtain
16forced labor or services, procure or sell the individual for
17commercial sex, or exploit the individual in obscene matter.
18Depriving or violating a person's liberty includes substantial
19and sustained restriction of another's liberty accomplished
20through fraud, deceit, coercion, violence, duress, menace, or
21threat of unlawful injury to the victim or to another person,
22under circumstances where the person receiving or apprehending
23the threat reasonably believes that it is likely that the

 

 

SB1890 Enrolled- 2 -LRB101 07959 SLF 53015 b

1person making the threat would carry it out.
2    "Lodging establishment" means an establishment classified
3as a hotel or motel in the 2017 North American Industry
4Classification System under code 721110, and an establishment
5classified as a casino hotel in the 2017 North American
6Industry Classification System under code 721120.
 
7    Section 10. Human trafficking recognition training.
8Beginning June 1, 2020, a lodging establishment shall provide
9its employees with training in the recognition of human
10trafficking and protocols for reporting observed human
11trafficking to the appropriate authority. The employees must
12complete the training within 6 months after beginning
13employment in such role with the lodging establishment and
14every 2 years thereafter, if still employed by the lodging
15establishment. The training shall be at least 20 minutes in
16duration.
 
17    Section 15. Human trafficking recognition training
18curriculum.
19    (a) A lodging establishment may use its own human
20trafficking training program or that of a third party and be in
21full compliance with this Act if the human trafficking training
22program includes, at a minimum, all of the following:
23        (1) a definition of human trafficking and commercial
24    exploitation of children;

 

 

SB1890 Enrolled- 3 -LRB101 07959 SLF 53015 b

1        (2) guidance on how to identify individuals who are
2    most at risk for human trafficking;
3        (3) the difference between human trafficking for
4    purposes of labor and for purposes of sex as the
5    trafficking relates to lodging establishments; and
6        (4) guidance on the role of lodging establishment
7    employees in reporting and responding to instances of human
8    trafficking.
9    (b) The Department shall develop a curriculum for an
10approved human trafficking training recognition program which
11shall be used by a lodging establishment that does not
12administer its own human trafficking recognition program as
13described in subsection (a). The human trafficking training
14recognition program developed by the Department shall include,
15at a minimum, all of the following:
16        (1) a definition of human trafficking and commercial
17    exploitation of children;
18        (2) guidance on how to identify individuals who are
19    most at risk for human trafficking;
20        (3) the difference between human trafficking for
21    purposes of labor and for purposes of sex as the
22    trafficking relates to lodging establishments; and
23        (4) guidance on the role of lodging establishment
24    employees in reporting and responding to instances of human
25    trafficking.
26    The Department may consult the United States Department of

 

 

SB1890 Enrolled- 4 -LRB101 07959 SLF 53015 b

1Justice for the human trafficking recognition training program
2developed under this subsection.
3    The Department shall develop and publish the human
4trafficking recognition training program described in this
5subsection no later than July 1, 2020.
 
6    Section 100. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by adding
8Section 2605-99 as follows:
 
9    (20 ILCS 2605/2605-99 new)
10    Sec. 2605-99. Training; human trafficking. The Director
11shall conduct or approve a training program in the detection
12and investigation of all forms of human trafficking, including,
13but not limited to "involuntary servitude" under subsection (b)
14of Section 10-9 of the Criminal Code of 2012, "involuntary
15sexual servitude of a minor" under subsection (c) of Section
1610-9 of the Criminal Code of 2012, and "trafficking in persons"
17under subsection (d) of Section 10-9 of the Criminal Code of
182012. This program shall be made available to all cadets and
19state police officers.
 
20    Section 105. The Illinois Police Training Act is amended by
21changing Section 7 and by adding Section 10.23 as follows:
 
22    (50 ILCS 705/7)  (from Ch. 85, par. 507)

 

 

SB1890 Enrolled- 5 -LRB101 07959 SLF 53015 b

1    Sec. 7. Rules and standards for schools. The Board shall
2adopt rules and minimum standards for such schools which shall
3include, but not be limited to, the following:
4        a. The curriculum for probationary police officers
5    which shall be offered by all certified schools shall
6    include, but not be limited to, courses of procedural
7    justice, arrest and use and control tactics, search and
8    seizure, including temporary questioning, civil rights,
9    human rights, human relations, cultural competency,
10    including implicit bias and racial and ethnic sensitivity,
11    criminal law, law of criminal procedure, constitutional
12    and proper use of law enforcement authority, vehicle and
13    traffic law including uniform and non-discriminatory
14    enforcement of the Illinois Vehicle Code, traffic control
15    and accident investigation, techniques of obtaining
16    physical evidence, court testimonies, statements, reports,
17    firearms training, training in the use of electronic
18    control devices, including the psychological and
19    physiological effects of the use of those devices on
20    humans, first-aid (including cardiopulmonary
21    resuscitation), training in the administration of opioid
22    antagonists as defined in paragraph (1) of subsection (e)
23    of Section 5-23 of the Substance Use Disorder Act, handling
24    of juvenile offenders, recognition of mental conditions
25    and crises, including, but not limited to, the disease of
26    addiction, which require immediate assistance and response

 

 

SB1890 Enrolled- 6 -LRB101 07959 SLF 53015 b

1    and methods to safeguard and provide assistance to a person
2    in need of mental treatment, recognition of abuse, neglect,
3    financial exploitation, and self-neglect of adults with
4    disabilities and older adults, as defined in Section 2 of
5    the Adult Protective Services Act, crimes against the
6    elderly, law of evidence, the hazards of high-speed police
7    vehicle chases with an emphasis on alternatives to the
8    high-speed chase, and physical training. The curriculum
9    shall include specific training in techniques for
10    immediate response to and investigation of cases of
11    domestic violence and of sexual assault of adults and
12    children, including cultural perceptions and common myths
13    of sexual assault and sexual abuse as well as interview
14    techniques that are age sensitive and are trauma informed,
15    victim centered, and victim sensitive. The curriculum
16    shall include training in techniques designed to promote
17    effective communication at the initial contact with crime
18    victims and ways to comprehensively explain to victims and
19    witnesses their rights under the Rights of Crime Victims
20    and Witnesses Act and the Crime Victims Compensation Act.
21    The curriculum shall also include training in effective
22    recognition of and responses to stress, trauma, and
23    post-traumatic stress experienced by police officers. The
24    curriculum shall also include a block of instruction aimed
25    at identifying and interacting with persons with autism and
26    other developmental or physical disabilities, reducing

 

 

SB1890 Enrolled- 7 -LRB101 07959 SLF 53015 b

1    barriers to reporting crimes against persons with autism,
2    and addressing the unique challenges presented by cases
3    involving victims or witnesses with autism and other
4    developmental disabilities. The curriculum shall include
5    training in the detection and investigation of all forms of
6    human trafficking. The curriculum for permanent police
7    officers shall include, but not be limited to: (1)
8    refresher and in-service training in any of the courses
9    listed above in this subparagraph, (2) advanced courses in
10    any of the subjects listed above in this subparagraph, (3)
11    training for supervisory personnel, and (4) specialized
12    training in subjects and fields to be selected by the
13    board. The training in the use of electronic control
14    devices shall be conducted for probationary police
15    officers, including University police officers.
16        b. Minimum courses of study, attendance requirements
17    and equipment requirements.
18        c. Minimum requirements for instructors.
19        d. Minimum basic training requirements, which a
20    probationary police officer must satisfactorily complete
21    before being eligible for permanent employment as a local
22    law enforcement officer for a participating local
23    governmental agency. Those requirements shall include
24    training in first aid (including cardiopulmonary
25    resuscitation).
26        e. Minimum basic training requirements, which a

 

 

SB1890 Enrolled- 8 -LRB101 07959 SLF 53015 b

1    probationary county corrections officer must
2    satisfactorily complete before being eligible for
3    permanent employment as a county corrections officer for a
4    participating local governmental agency.
5        f. Minimum basic training requirements which a
6    probationary court security officer must satisfactorily
7    complete before being eligible for permanent employment as
8    a court security officer for a participating local
9    governmental agency. The Board shall establish those
10    training requirements which it considers appropriate for
11    court security officers and shall certify schools to
12    conduct that training.
13        A person hired to serve as a court security officer
14    must obtain from the Board a certificate (i) attesting to
15    his or her successful completion of the training course;
16    (ii) attesting to his or her satisfactory completion of a
17    training program of similar content and number of hours
18    that has been found acceptable by the Board under the
19    provisions of this Act; or (iii) attesting to the Board's
20    determination that the training course is unnecessary
21    because of the person's extensive prior law enforcement
22    experience.
23        Individuals who currently serve as court security
24    officers shall be deemed qualified to continue to serve in
25    that capacity so long as they are certified as provided by
26    this Act within 24 months of June 1, 1997 (the effective

 

 

SB1890 Enrolled- 9 -LRB101 07959 SLF 53015 b

1    date of Public Act 89-685). Failure to be so certified,
2    absent a waiver from the Board, shall cause the officer to
3    forfeit his or her position.
4        All individuals hired as court security officers on or
5    after June 1, 1997 (the effective date of Public Act
6    89-685) shall be certified within 12 months of the date of
7    their hire, unless a waiver has been obtained by the Board,
8    or they shall forfeit their positions.
9        The Sheriff's Merit Commission, if one exists, or the
10    Sheriff's Office if there is no Sheriff's Merit Commission,
11    shall maintain a list of all individuals who have filed
12    applications to become court security officers and who meet
13    the eligibility requirements established under this Act.
14    Either the Sheriff's Merit Commission, or the Sheriff's
15    Office if no Sheriff's Merit Commission exists, shall
16    establish a schedule of reasonable intervals for
17    verification of the applicants' qualifications under this
18    Act and as established by the Board.
19        g. Minimum in-service training requirements, which a
20    police officer must satisfactorily complete every 3 years.
21    Those requirements shall include constitutional and proper
22    use of law enforcement authority, procedural justice,
23    civil rights, human rights, mental health awareness and
24    response, and cultural competency.
25        h. Minimum in-service training requirements, which a
26    police officer must satisfactorily complete at least

 

 

SB1890 Enrolled- 10 -LRB101 07959 SLF 53015 b

1    annually. Those requirements shall include law updates and
2    use of force training which shall include scenario based
3    training, or similar training approved by the Board.
4(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
5eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
6100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
78-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
8    (50 ILCS 705/10.23 new)
9    Sec. 10.23. Training; human trafficking. The Board shall
10conduct or approve an in-service training program in the
11detection and investigation of all forms of human trafficking,
12including, but not limited to, "involuntary servitude" under
13subsection (b) of Section 10-9 of the Criminal Code of 2012,
14"involuntary sexual servitude of a minor" under subsection (c)
15of Section 10-9 of the Criminal Code of 2012, and "trafficking
16in persons" under subsection (d) of Section 10-9 of the
17Criminal Code of 2012. This program shall be made available to
18all certified law enforcement, correctional, and court
19security officers.
 
20    Section 110. The Criminal Code of 2012 is amended by
21changing Sections 3-6 and 10-9 as follows:
 
22    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
23    Sec. 3-6. Extended limitations. The period within which a

 

 

SB1890 Enrolled- 11 -LRB101 07959 SLF 53015 b

1prosecution must be commenced under the provisions of Section
23-5 or other applicable statute is extended under the following
3conditions:
4    (a) A prosecution for theft involving a breach of a
5fiduciary obligation to the aggrieved person may be commenced
6as follows:
7        (1) If the aggrieved person is a minor or a person
8    under legal disability, then during the minority or legal
9    disability or within one year after the termination
10    thereof.
11        (2) In any other instance, within one year after the
12    discovery of the offense by an aggrieved person, or by a
13    person who has legal capacity to represent an aggrieved
14    person or has a legal duty to report the offense, and is
15    not himself or herself a party to the offense; or in the
16    absence of such discovery, within one year after the proper
17    prosecuting officer becomes aware of the offense. However,
18    in no such case is the period of limitation so extended
19    more than 3 years beyond the expiration of the period
20    otherwise applicable.
21    (b) A prosecution for any offense based upon misconduct in
22office by a public officer or employee may be commenced within
23one year after discovery of the offense by a person having a
24legal duty to report such offense, or in the absence of such
25discovery, within one year after the proper prosecuting officer
26becomes aware of the offense. However, in no such case is the

 

 

SB1890 Enrolled- 12 -LRB101 07959 SLF 53015 b

1period of limitation so extended more than 3 years beyond the
2expiration of the period otherwise applicable.
3    (b-5) When the victim is under 18 years of age at the time
4of the offense, a prosecution for involuntary servitude,
5involuntary sexual servitude of a minor, or trafficking in
6persons and related offenses under Section 10-9 of this Code
7may be commenced within 25 years of the victim attaining the
8age of 18 years.
9    (b-6) When the victim is 18 years of age or over at the
10time of the offense, a prosecution for involuntary servitude,
11involuntary sexual servitude of a minor, or trafficking in
12persons and related offenses under Section 10-9 of this Code
13may be commenced within 25 years after the commission of the
14offense.
15    (c) (Blank).
16    (d) A prosecution for child pornography, aggravated child
17pornography, indecent solicitation of a child, soliciting for a
18juvenile prostitute, juvenile pimping, exploitation of a
19child, or promoting juvenile prostitution except for keeping a
20place of juvenile prostitution may be commenced within one year
21of the victim attaining the age of 18 years. However, in no
22such case shall the time period for prosecution expire sooner
23than 3 years after the commission of the offense.
24    (e) Except as otherwise provided in subdivision (j), a
25prosecution for any offense involving sexual conduct or sexual
26penetration, as defined in Section 11-0.1 of this Code, where

 

 

SB1890 Enrolled- 13 -LRB101 07959 SLF 53015 b

1the defendant was within a professional or fiduciary
2relationship or a purported professional or fiduciary
3relationship with the victim at the time of the commission of
4the offense may be commenced within one year after the
5discovery of the offense by the victim.
6    (f) A prosecution for any offense set forth in Section 44
7of the Environmental Protection Act may be commenced within 5
8years after the discovery of such an offense by a person or
9agency having the legal duty to report the offense or in the
10absence of such discovery, within 5 years after the proper
11prosecuting officer becomes aware of the offense.
12    (f-5) A prosecution for any offense set forth in Section
1316-30 of this Code may be commenced within 5 years after the
14discovery of the offense by the victim of that offense.
15    (g) (Blank).
16    (h) (Blank).
17    (i) Except as otherwise provided in subdivision (j), a
18prosecution for criminal sexual assault, aggravated criminal
19sexual assault, or aggravated criminal sexual abuse may be
20commenced within 10 years of the commission of the offense if
21the victim reported the offense to law enforcement authorities
22within 3 years after the commission of the offense. If the
23victim consented to the collection of evidence using an
24Illinois State Police Sexual Assault Evidence Collection Kit
25under the Sexual Assault Survivors Emergency Treatment Act, it
26shall constitute reporting for purposes of this Section.

 

 

SB1890 Enrolled- 14 -LRB101 07959 SLF 53015 b

1    Nothing in this subdivision (i) shall be construed to
2shorten a period within which a prosecution must be commenced
3under any other provision of this Section.
4    (i-5) A prosecution for armed robbery, home invasion,
5kidnapping, or aggravated kidnaping may be commenced within 10
6years of the commission of the offense if it arises out of the
7same course of conduct and meets the criteria under one of the
8offenses in subsection (i) of this Section.
9    (j) (1) When the victim is under 18 years of age at the
10time of the offense, a prosecution for criminal sexual assault,
11aggravated criminal sexual assault, predatory criminal sexual
12assault of a child, aggravated criminal sexual abuse, or felony
13criminal sexual abuse may be commenced at any time.
14    (2) When the victim is under 18 years of age at the time of
15the offense, a prosecution for failure of a person who is
16required to report an alleged or suspected commission of
17criminal sexual assault, aggravated criminal sexual assault,
18predatory criminal sexual assault of a child, aggravated
19criminal sexual abuse, or felony criminal sexual abuse under
20the Abused and Neglected Child Reporting Act may be commenced
21within 20 years after the child victim attains 18 years of age.
22    (3) When the victim is under 18 years of age at the time of
23the offense, a prosecution for misdemeanor criminal sexual
24abuse may be commenced within 10 years after the child victim
25attains 18 years of age.
26    (4) Nothing in this subdivision (j) shall be construed to

 

 

SB1890 Enrolled- 15 -LRB101 07959 SLF 53015 b

1shorten a period within which a prosecution must be commenced
2under any other provision of this Section.
3    (j-5) A prosecution for armed robbery, home invasion,
4kidnapping, or aggravated kidnaping may be commenced at any
5time if it arises out of the same course of conduct and meets
6the criteria under one of the offenses in subsection (j) of
7this Section.
8    (k) (Blank).
9    (l) A prosecution for any offense set forth in Section 26-4
10of this Code may be commenced within one year after the
11discovery of the offense by the victim of that offense.
12    (l-5) A prosecution for any offense involving sexual
13conduct or sexual penetration, as defined in Section 11-0.1 of
14this Code, in which the victim was 18 years of age or older at
15the time of the offense, may be commenced within one year after
16the discovery of the offense by the victim when corroborating
17physical evidence is available. The charging document shall
18state that the statute of limitations is extended under this
19subsection (l-5) and shall state the circumstances justifying
20the extension. Nothing in this subsection (l-5) shall be
21construed to shorten a period within which a prosecution must
22be commenced under any other provision of this Section or
23Section 3-5 of this Code.
24    (m) The prosecution shall not be required to prove at trial
25facts which extend the general limitations in Section 3-5 of
26this Code when the facts supporting extension of the period of

 

 

SB1890 Enrolled- 16 -LRB101 07959 SLF 53015 b

1general limitations are properly pled in the charging document.
2Any challenge relating to the extension of the general
3limitations period as defined in this Section shall be
4exclusively conducted under Section 114-1 of the Code of
5Criminal Procedure of 1963.
6    (n) A prosecution for any offense set forth in subsection
7(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
8Illinois Public Aid Code, in which the total amount of money
9involved is $5,000 or more, including the monetary value of
10food stamps and the value of commodities under Section 16-1 of
11this Code may be commenced within 5 years of the last act
12committed in furtherance of the offense.
13(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
14100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
151-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
16eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
 
17    (720 ILCS 5/10-9)
18    Sec. 10-9. Trafficking in persons, involuntary servitude,
19and related offenses.
20    (a) Definitions. In this Section:
21        (1) "Intimidation" has the meaning prescribed in
22    Section 12-6.
23        (2) "Commercial sexual activity" means any sex act on
24    account of which anything of value is given, promised to,
25    or received by any person.

 

 

SB1890 Enrolled- 17 -LRB101 07959 SLF 53015 b

1        (2.5) "Company" means any sole proprietorship,
2    organization, association, corporation, partnership, joint
3    venture, limited partnership, limited liability
4    partnership, limited liability limited partnership,
5    limited liability company, or other entity or business
6    association, including all wholly owned subsidiaries,
7    majority-owned subsidiaries, parent companies, or
8    affiliates of those entities or business associations,
9    that exist for the purpose of making profit.
10        (3) "Financial harm" includes intimidation that brings
11    about financial loss, criminal usury, or employment
12    contracts that violate the Frauds Act.
13        (4) (Blank).
14        (5) "Labor" means work of economic or financial value.
15        (6) "Maintain" means, in relation to labor or services,
16    to secure continued performance thereof, regardless of any
17    initial agreement on the part of the victim to perform that
18    type of service.
19        (7) "Obtain" means, in relation to labor or services,
20    to secure performance thereof.
21        (7.5) "Serious harm" means any harm, whether physical
22    or nonphysical, including psychological, financial, or
23    reputational harm, that is sufficiently serious, under all
24    the surrounding circumstances, to compel a reasonable
25    person of the same background and in the same circumstances
26    to perform or to continue performing labor or services in

 

 

SB1890 Enrolled- 18 -LRB101 07959 SLF 53015 b

1    order to avoid incurring that harm.
2        (8) "Services" means activities resulting from a
3    relationship between a person and the actor in which the
4    person performs activities under the supervision of or for
5    the benefit of the actor. Commercial sexual activity and
6    sexually-explicit performances are forms of activities
7    that are "services" under this Section. Nothing in this
8    definition may be construed to legitimize or legalize
9    prostitution.
10        (9) "Sexually-explicit performance" means a live,
11    recorded, broadcast (including over the Internet), or
12    public act or show intended to arouse or satisfy the sexual
13    desires or appeal to the prurient interests of patrons.
14        (10) "Trafficking victim" means a person subjected to
15    the practices set forth in subsection (b), (c), or (d).
16    (b) Involuntary servitude. A person commits involuntary
17servitude when he or she knowingly subjects, attempts to
18subject, or engages in a conspiracy to subject another person
19to labor or services obtained or maintained through any of the
20following means, or any combination of these means:
21        (1) causes or threatens to cause physical harm to any
22    person;
23        (2) physically restrains or threatens to physically
24    restrain another person;
25        (3) abuses or threatens to abuse the law or legal
26    process;

 

 

SB1890 Enrolled- 19 -LRB101 07959 SLF 53015 b

1        (4) knowingly destroys, conceals, removes,
2    confiscates, or possesses any actual or purported passport
3    or other immigration document, or any other actual or
4    purported government identification document, of another
5    person;
6        (5) uses intimidation, or exerts financial control
7    over any person; or
8        (6) uses any scheme, plan, or pattern intended to cause
9    the person to believe that, if the person did not perform
10    the labor or services, that person or another person would
11    suffer serious harm or physical restraint.
12    Sentence. Except as otherwise provided in subsection (e) or
13(f), a violation of subsection (b)(1) is a Class X felony,
14(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
15is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
16    (c) Involuntary sexual servitude of a minor. A person
17commits involuntary sexual servitude of a minor when he or she
18knowingly recruits, entices, harbors, transports, provides, or
19obtains by any means, or attempts to recruit, entice, harbor,
20provide, or obtain by any means, another person under 18 years
21of age, knowing that the minor will engage in commercial sexual
22activity, a sexually-explicit performance, or the production
23of pornography, or causes or attempts to cause a minor to
24engage in one or more of those activities and:
25        (1) there is no overt force or threat and the minor is
26    between the ages of 17 and 18 years;

 

 

SB1890 Enrolled- 20 -LRB101 07959 SLF 53015 b

1        (2) there is no overt force or threat and the minor is
2    under the age of 17 years; or
3        (3) there is overt force or threat.
4    Sentence. Except as otherwise provided in subsection (e) or
5(f), a violation of subsection (c)(1) is a Class 1 felony,
6(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
7    (d) Trafficking in persons. A person commits trafficking in
8persons when he or she knowingly: (1) recruits, entices,
9harbors, transports, provides, or obtains by any means, or
10attempts to recruit, entice, harbor, transport, provide, or
11obtain by any means, another person, intending or knowing that
12the person will be subjected to involuntary servitude; or (2)
13benefits, financially or by receiving anything of value, from
14participation in a venture that has engaged in an act of
15involuntary servitude or involuntary sexual servitude of a
16minor. A company commits trafficking in persons when the
17company knowingly benefits, financially or by receiving
18anything of value, from participation in a venture that has
19engaged in an act of involuntary servitude or involuntary
20sexual servitude of a minor.
21    Sentence. Except as otherwise provided in subsection (e) or
22(f), a violation of this subsection by a person is a Class 1
23felony. A violation of this subsection by a company is a
24business offense for which a fine of up to $100,000 may be
25imposed.
26    (e) Aggravating factors. A violation of this Section

 

 

SB1890 Enrolled- 21 -LRB101 07959 SLF 53015 b

1involving kidnapping or an attempt to kidnap, aggravated
2criminal sexual assault or an attempt to commit aggravated
3criminal sexual assault, or an attempt to commit first degree
4murder is a Class X felony.
5    (f) Sentencing considerations.
6        (1) Bodily injury. If, pursuant to a violation of this
7    Section, a victim suffered bodily injury, the defendant may
8    be sentenced to an extended-term sentence under Section
9    5-8-2 of the Unified Code of Corrections. The sentencing
10    court must take into account the time in which the victim
11    was held in servitude, with increased penalties for cases
12    in which the victim was held for between 180 days and one
13    year, and increased penalties for cases in which the victim
14    was held for more than one year.
15        (2) Number of victims. In determining sentences within
16    statutory maximums, the sentencing court should take into
17    account the number of victims, and may provide for
18    substantially increased sentences in cases involving more
19    than 10 victims.
20    (g) Restitution. Restitution is mandatory under this
21Section. In addition to any other amount of loss identified,
22the court shall order restitution including the greater of (1)
23the gross income or value to the defendant of the victim's
24labor or services or (2) the value of the victim's labor as
25guaranteed under the Minimum Wage Law and overtime provisions
26of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,

 

 

SB1890 Enrolled- 22 -LRB101 07959 SLF 53015 b

1whichever is greater.
2    (g-5) Fine distribution. If the court imposes a fine under
3subsection (b), (c), or (d) of this Section, 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    (h) Trafficking victim services. Subject to the
8availability of funds, the Department of Human Services may
9provide or fund emergency services and assistance to
10individuals who are victims of one or more offenses defined in
11this Section.
12    (i) Certification. The Attorney General, a State's
13Attorney, or any law enforcement official shall certify in
14writing to the United States Department of Justice or other
15federal agency, such as the United States Department of
16Homeland Security, that an investigation or prosecution under
17this Section has begun and the individual who is a likely
18victim of a crime described in this Section is willing to
19cooperate or is cooperating with the investigation to enable
20the individual, if eligible under federal law, to qualify for
21an appropriate special immigrant visa and to access available
22federal benefits. Cooperation with law enforcement shall not be
23required of victims of a crime described in this Section who
24are under 18 years of age. This certification shall be made
25available to the victim and his or her designated legal
26representative.

 

 

SB1890 Enrolled- 23 -LRB101 07959 SLF 53015 b

1    (j) A person who commits involuntary servitude,
2involuntary sexual servitude of a minor, or trafficking in
3persons under subsection (b), (c), or (d) of this Section is
4subject to the property forfeiture provisions set forth in
5Article 124B of the Code of Criminal Procedure of 1963.
6(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
798-1013, eff. 1-1-15.)
 
8    Section 115. The Code of Civil Procedure is amended by
9changing Section 13-225 as follows:
 
10    (735 ILCS 5/13-225)
11    Sec. 13-225. Trafficking victims protection.    (a) In
12this Section, "human trafficking", "involuntary servitude",
13"sex trade", and "victim of the sex trade" have the meanings
14ascribed to them in Section 10 of the Trafficking Victims
15Protection Act.
16    (b) Subject to both subsections (e) and (f) and
17notwithstanding any other provision of law, an action under the
18Trafficking Victims Protection Act must be commenced within 25
1910 years of the date the limitation period begins to run under
20subsection (d) or within 25 10 years of the date the plaintiff
21discovers or through the use of reasonable diligence should
22discover both (i) that the sex trade, involuntary servitude, or
23human trafficking act occurred, and (ii) that the defendant
24caused, was responsible for, or profited from the sex trade,

 

 

SB1890 Enrolled- 24 -LRB101 07959 SLF 53015 b

1involuntary servitude, or human trafficking act. The fact that
2the plaintiff discovers or through the use of reasonable
3diligence should discover that the sex trade, involuntary
4servitude, or human trafficking act occurred is not, by itself,
5sufficient to start the discovery period under this subsection
6(b).
7    (c) If the injury is caused by 2 or more acts that are part
8of a continuing series of sex trade, involuntary servitude, or
9human trafficking acts by the same defendant, then the
10discovery period under subsection (b) shall be computed from
11the date the person abused discovers or through the use of
12reasonable diligence should discover (i) that the last sex
13trade, involuntary servitude, or human trafficking act in the
14continuing series occurred, and (ii) that the defendant caused,
15was responsible for, or profited from the series of sex trade,
16involuntary servitude, or human trafficking acts. The fact that
17the plaintiff discovers or through the use of reasonable
18diligence should discover that the last sex trade, involuntary
19servitude, or human trafficking act in the continuing series
20occurred is not, by itself, sufficient to start the discovery
21period under subsection (b).
22    (d) The limitation periods in subsection (b) do not begin
23to run before the plaintiff attains the age of 18 years; and,
24if at the time the plaintiff attains the age of 18 years he or
25she is under other legal disability, the limitation periods
26under subsection (b) do not begin to run until the removal of

 

 

SB1890 Enrolled- 25 -LRB101 07959 SLF 53015 b

1the disability.
2    (e) The limitation periods in subsection (b) do not run
3during a time period when the plaintiff is subject to threats,
4intimidation, manipulation, or fraud perpetrated by the
5defendant or by any person acting in the interest of the
6defendant.
7    (f) The limitation periods in subsection (b) do not
8commence running until the expiration of all limitations
9periods applicable to the criminal prosecution of the plaintiff
10for any acts which form the basis of a cause of action under
11the Trafficking Victims Protection Act.
12(Source: P.A. 100-939, eff. 1-1-19.)
 
13    Section 999. Effective date. This Section and Sections 1
14through 15 take effect upon becoming law.