Full Text of SB1890 101st General Assembly
SB1890ham001 101ST GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 5/16/2019
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| 1 | | AMENDMENT TO SENATE BILL 1890
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1890 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Police Training Act is amended by | 5 | | adding Section 10.23 as follows: | 6 | | (50 ILCS 705/10.23 new) | 7 | | Sec. 10.23. Training; human trafficking. | 8 | | (a) In this Section: | 9 | | "Human trafficking" includes "involuntary servitude" under | 10 | | subsection (b) of Section 10-9 of the Criminal Code of 2012, | 11 | | "involuntary sexual servitude of a minor" under subsection (c) | 12 | | of Section 10-9 of the Criminal Code of 2012, and "trafficking | 13 | | in persons" under subsection (d) of Section 10-9 of the | 14 | | Criminal Code of 2012. | 15 | | "Police officer" includes full-time or part-time | 16 | | probationary police officers, permanent or part-time police |
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| 1 | | officers, law enforcement officers, recruits, permanent or | 2 | | probationary county corrections officers, permanent or | 3 | | probationary county security officers, and court security | 4 | | officers. "Police officer" does not include auxiliary police | 5 | | officers as defined in Section 3.1-30-20 of the Illinois | 6 | | Municipal Code. | 7 | | (b) The Board shall conduct or approve an in-service | 8 | | training program for police officers in the detection and | 9 | | investigation of all forms of human trafficking. | 10 | | Section 10. The Criminal Code of 2012 is amended by | 11 | | changing Sections 3-6 and 10-9 as follows:
| 12 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 13 | | Sec. 3-6. Extended limitations. The period within which a | 14 | | prosecution
must be commenced under the provisions of Section | 15 | | 3-5 or other applicable
statute is extended under the following | 16 | | conditions:
| 17 | | (a) A prosecution for theft involving a breach of a | 18 | | fiduciary obligation
to the aggrieved person may be commenced | 19 | | as follows:
| 20 | | (1) If the aggrieved person is a minor or a person | 21 | | under legal disability,
then during the minority or legal | 22 | | disability or within one year after the
termination | 23 | | thereof.
| 24 | | (2) In any other instance, within one year after the |
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| 1 | | discovery of the
offense by an aggrieved person, or by a | 2 | | person who has legal capacity to
represent an aggrieved | 3 | | person or has a legal duty to report the offense,
and is | 4 | | not himself or herself a party to the offense; or in the | 5 | | absence of such
discovery, within one year after the proper | 6 | | prosecuting officer becomes
aware of the offense. However, | 7 | | in no such case is the period of limitation
so extended | 8 | | more than 3 years beyond the expiration of the period | 9 | | otherwise
applicable.
| 10 | | (b) A prosecution for any offense based upon misconduct in | 11 | | office by a
public officer or employee may be commenced within | 12 | | one year after discovery
of the offense by a person having a | 13 | | legal duty to report such offense, or
in the absence of such | 14 | | discovery, within one year after the proper
prosecuting officer | 15 | | becomes aware of the offense. However, in no such case
is the | 16 | | period of limitation so extended more than 3 years beyond the
| 17 | | expiration of the period otherwise applicable.
| 18 | | (b-5) When the victim is under 18 years of age at the time | 19 | | of the offense, a prosecution for involuntary servitude, | 20 | | involuntary sexual servitude of a minor, or trafficking in | 21 | | persons and related offenses under Section 10-9 of this Code | 22 | | may be commenced within 25 years of the victim attaining the | 23 | | age of 18 years. | 24 | | (b-6) When the victim is 18 years of age or over at the | 25 | | time of the offense, a prosecution for involuntary servitude, | 26 | | involuntary sexual servitude of a minor, or trafficking in |
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| 1 | | persons and related offenses under Section 10-9 of this Code | 2 | | may be commenced within 25 years after the commission of the | 3 | | offense. | 4 | | (c) (Blank).
| 5 | | (d) A prosecution for child pornography, aggravated child | 6 | | pornography, indecent
solicitation of a
child, soliciting for a | 7 | | juvenile prostitute, juvenile pimping,
exploitation of a | 8 | | child, or promoting juvenile prostitution except for keeping a | 9 | | place of juvenile prostitution may be commenced within one year | 10 | | of the victim
attaining the age of 18 years. However, in no | 11 | | such case shall the time
period for prosecution expire sooner | 12 | | than 3 years after the commission of
the offense.
| 13 | | (e) Except as otherwise provided in subdivision (j), a | 14 | | prosecution for
any offense involving sexual conduct or sexual
| 15 | | penetration, as defined in Section 11-0.1 of this Code, where | 16 | | the defendant
was within a professional or fiduciary | 17 | | relationship or a purported
professional or fiduciary | 18 | | relationship with the victim at the
time of the commission of | 19 | | the offense may be commenced within one year
after the | 20 | | discovery of the offense by the victim.
| 21 | | (f) A prosecution for any offense set forth in Section 44
| 22 | | of the Environmental Protection Act
may be commenced within 5 | 23 | | years after the discovery of such
an offense by a person or | 24 | | agency having the legal duty to report the
offense or in the | 25 | | absence of such discovery, within 5 years
after the proper | 26 | | prosecuting officer becomes aware of the offense.
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| 1 | | (f-5) A prosecution for any offense set forth in Section | 2 | | 16-30 of this Code may be commenced within 5 years after the | 3 | | discovery of the offense by the victim of that offense.
| 4 | | (g) (Blank).
| 5 | | (h) (Blank).
| 6 | | (i) Except as otherwise provided in subdivision (j), a | 7 | | prosecution for
criminal sexual assault, aggravated criminal
| 8 | | sexual assault, or aggravated criminal sexual abuse may be | 9 | | commenced within 10
years of the commission of the offense if | 10 | | the victim reported the offense to
law enforcement authorities | 11 | | within 3 years after the commission of the offense. If the | 12 | | victim consented to the collection of evidence using an | 13 | | Illinois State Police Sexual Assault Evidence Collection Kit | 14 | | under the Sexual Assault Survivors Emergency Treatment Act, it | 15 | | shall constitute reporting for purposes of this Section.
| 16 | | Nothing in this subdivision (i) shall be construed to
| 17 | | shorten a period within which a prosecution must be commenced | 18 | | under any other
provision of this Section.
| 19 | | (i-5) A prosecution for armed robbery, home invasion, | 20 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 21 | | years of the commission of the offense if it arises out of the | 22 | | same course of conduct and meets the criteria under one of the | 23 | | offenses in subsection (i) of this Section. | 24 | | (j) (1) When the victim is under 18 years of age at the | 25 | | time of the offense, a
prosecution
for criminal sexual assault, | 26 | | aggravated criminal sexual assault, predatory
criminal sexual |
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| 1 | | assault of a child, aggravated criminal sexual abuse, or felony | 2 | | criminal sexual abuse may be commenced at any time. | 3 | | (2) When the victim is under 18 years of age at the time of | 4 | | the offense, a prosecution for failure of a person who is | 5 | | required to report an alleged
or suspected commission of | 6 | | criminal sexual assault, aggravated criminal sexual assault, | 7 | | predatory criminal sexual assault of a child, aggravated | 8 | | criminal sexual abuse, or felony criminal sexual abuse under | 9 | | the Abused and Neglected
Child Reporting Act may be
commenced | 10 | | within 20 years after the child victim attains 18
years of age. | 11 | | (3) When the victim is under 18 years of age at the time of | 12 | | the offense, a
prosecution
for misdemeanor criminal sexual | 13 | | abuse may be
commenced within 10 years after the child victim | 14 | | attains 18
years of age.
| 15 | | (4) Nothing in this subdivision (j) shall be construed to
| 16 | | shorten a period within which a prosecution must be commenced | 17 | | under any other
provision of this Section.
| 18 | | (j-5) A prosecution for armed robbery, home invasion, | 19 | | kidnapping, or aggravated kidnaping may be commenced at any | 20 | | time if it arises out of the same course of conduct and meets | 21 | | the criteria under one of the offenses in subsection (j) of | 22 | | this Section. | 23 | | (k) (Blank).
| 24 | | (l) A prosecution for any offense set forth in Section 26-4 | 25 | | of this Code may be commenced within one year after the | 26 | | discovery of the offense by the victim of that offense. |
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| 1 | | (l-5) A prosecution for any offense involving sexual | 2 | | conduct or sexual penetration, as defined in Section 11-0.1 of | 3 | | this Code, in which the victim was 18 years of age or older at | 4 | | the time of the offense, may be commenced within one year after | 5 | | the discovery of the offense by the victim when corroborating | 6 | | physical evidence is available. The charging document shall | 7 | | state that the statute of limitations is extended under this | 8 | | subsection (l-5) and shall state the circumstances justifying | 9 | | the extension.
Nothing in this subsection (l-5) shall be | 10 | | construed to shorten a period within which a prosecution must | 11 | | be commenced under any other provision of this Section or | 12 | | Section 3-5 of this Code. | 13 | | (m) The prosecution shall not be required to prove at trial | 14 | | facts which extend the general limitations in Section 3-5 of | 15 | | this Code when the facts supporting extension of the period of | 16 | | general limitations are properly pled in the charging document. | 17 | | Any challenge relating to the extension of the general | 18 | | limitations period as defined in this Section shall be | 19 | | exclusively conducted under Section 114-1 of the Code of | 20 | | Criminal Procedure of 1963. | 21 | | (n) A prosecution for any offense set forth in subsection | 22 | | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | 23 | | Illinois Public Aid Code, in which the total amount of money | 24 | | involved is $5,000 or more, including the monetary value of | 25 | | food stamps and the value of commodities under Section 16-1 of | 26 | | this Code may be commenced within 5 years of the last act |
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| 1 | | committed in furtherance of the offense. | 2 | | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | 3 | | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | 4 | | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, | 5 | | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.) | 6 | | (720 ILCS 5/10-9) | 7 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 8 | | and related offenses. | 9 | | (a) Definitions. In 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 | | (2.5) "Company" means any sole proprietorship, | 16 | | organization, association, corporation, partnership, joint | 17 | | venture, limited partnership, limited liability | 18 | | partnership, limited liability limited partnership, | 19 | | limited liability company, or other entity or business | 20 | | association, including all wholly-owned subsidiaries, | 21 | | majority-owned subsidiaries, parent companies, or | 22 | | affiliates of those entities or business associations, | 23 | | that exist for the purpose of making profit. | 24 | | (3) "Financial harm" includes intimidation that brings | 25 | | about financial loss, criminal usury, or employment |
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| 1 | | contracts that violate the Frauds Act. | 2 | | (4) (Blank). | 3 | | (5) "Labor" means work of economic or financial value. | 4 | | (6) "Maintain" means, in relation to labor or services, | 5 | | to secure continued performance thereof, regardless of any | 6 | | initial agreement on the part of the victim to perform that | 7 | | type of service. | 8 | | (7) "Obtain" means, in relation to labor or services, | 9 | | to secure performance thereof. | 10 | | (7.5) "Serious harm" means any harm, whether physical | 11 | | or nonphysical, including psychological, financial, or | 12 | | reputational harm, that is sufficiently serious, under all | 13 | | the surrounding circumstances, to compel a reasonable | 14 | | person of the same background and in the same circumstances | 15 | | to perform or to continue performing labor or services in | 16 | | order to avoid incurring that harm. | 17 | | (8) "Services" means activities resulting from a | 18 | | relationship between a person and the actor in which the | 19 | | person performs activities under the supervision of or for | 20 | | the benefit of the actor. Commercial sexual activity and | 21 | | sexually-explicit performances are forms of activities | 22 | | that are "services" under this Section. Nothing in this | 23 | | definition may be construed to legitimize or legalize | 24 | | prostitution. | 25 | | (9) "Sexually-explicit performance" means a live, | 26 | | recorded, broadcast (including over the Internet), or |
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| 1 | | public act or show intended to arouse or satisfy the sexual | 2 | | desires or appeal to the prurient interests of patrons. | 3 | | (10) "Trafficking victim" means a person subjected to | 4 | | the practices set forth in subsection (b), (c), or (d). | 5 | | (b) Involuntary servitude. A person commits involuntary | 6 | | servitude when he or she knowingly subjects, attempts to | 7 | | subject, or engages in a conspiracy to subject another person | 8 | | to labor or services obtained or maintained through any of the | 9 | | following means, or any combination of these means: | 10 | | (1) causes or threatens to cause physical harm to any | 11 | | person; | 12 | | (2) physically restrains or threatens to physically | 13 | | restrain another person; | 14 | | (3) abuses or threatens to abuse the law or legal | 15 | | process; | 16 | | (4) knowingly destroys, conceals, removes, | 17 | | confiscates, or possesses any actual or purported passport | 18 | | or other immigration document, or any other actual or | 19 | | purported government identification document, of another | 20 | | person; | 21 | | (5) uses intimidation, or exerts financial control | 22 | | over any person; or | 23 | | (6) uses any scheme, plan, or pattern intended to cause | 24 | | the person to believe that, if the person did not perform | 25 | | the labor or services, that person or another person would | 26 | | suffer serious harm or physical restraint. |
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| 1 | | Sentence. Except as otherwise provided in subsection (e) or | 2 | | (f), a violation of subsection (b)(1) is a Class X felony, | 3 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 4 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 5 | | (c) Involuntary sexual servitude of a minor. A person | 6 | | commits involuntary sexual servitude of a minor when he or she | 7 | | knowingly recruits, entices, harbors, transports, provides, or | 8 | | obtains by any means, or attempts to recruit, entice, harbor, | 9 | | provide, or obtain by any means, another person under 18 years | 10 | | of age, knowing that the minor will engage in commercial sexual | 11 | | activity, a sexually-explicit performance, or the production | 12 | | of pornography, or causes or attempts to cause a minor to | 13 | | engage in one or more of those activities and: | 14 | | (1) there is no overt force or threat and the minor is | 15 | | between the ages of 17 and 18 years; | 16 | | (2) there is no overt force or threat and the minor is | 17 | | under the age of 17 years; or | 18 | | (3) there is overt force or threat. | 19 | | Sentence. Except as otherwise provided in subsection (e) or | 20 | | (f), a violation of subsection (c)(1) is a Class 1 felony, | 21 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 22 | | (d) Trafficking in persons. A person commits trafficking in | 23 | | persons when he or she knowingly: (1) recruits, entices, | 24 | | harbors, transports, provides, or obtains by any means, or | 25 | | attempts to recruit, entice, harbor, transport, provide, or | 26 | | obtain by any means, another person, intending or knowing that |
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| 1 | | the person will be subjected to involuntary servitude; or (2) | 2 | | benefits, financially or by receiving anything of value, from | 3 | | participation in a venture that has engaged in an act of | 4 | | involuntary servitude or involuntary sexual servitude of a | 5 | | minor. A company commits trafficking in persons when the | 6 | | company benefits, financially or by receiving anything of | 7 | | value, from participation in a venture that has engaged in an | 8 | | act of involuntary servitude or involuntary sexual servitude of | 9 | | a minor. | 10 | | Sentence. Except as otherwise provided in subsection (e) or | 11 | | (f), a violation of this subsection by a person is a Class 1 | 12 | | felony. A violation of this subsection by a company is a | 13 | | business offense for which a fine of up to $100,000 may be | 14 | | imposed. | 15 | | (e) Aggravating factors. A violation of this Section | 16 | | involving kidnapping or an attempt to kidnap, aggravated | 17 | | criminal sexual assault or an attempt to commit aggravated | 18 | | criminal sexual assault, or an attempt to commit first degree | 19 | | murder is a Class X felony. | 20 | | (f) Sentencing considerations. | 21 | | (1) Bodily injury. If, pursuant to a violation of this | 22 | | Section, a victim
suffered bodily injury, the defendant may | 23 | | be sentenced to an extended-term sentence under Section | 24 | | 5-8-2 of the Unified Code of Corrections. The sentencing | 25 | | court must take into account the time in which the victim | 26 | | was held in servitude, with increased penalties for cases |
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| 1 | | in which the victim was held for between 180 days and one | 2 | | year, and increased penalties for cases in which the victim | 3 | | was held for more than one year. | 4 | | (2) Number of victims. In determining sentences within | 5 | | statutory maximums, the sentencing court should take into | 6 | | account the number of victims, and may provide for | 7 | | substantially increased sentences in cases involving more | 8 | | than 10 victims. | 9 | | (g) Restitution. Restitution is mandatory under this | 10 | | Section. In addition to any other amount of loss identified, | 11 | | the court shall order restitution including the greater of (1) | 12 | | the gross income or value to the defendant of the victim's | 13 | | labor or services or (2) the value of the victim's labor as | 14 | | guaranteed under the Minimum Wage Law and overtime provisions | 15 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 16 | | whichever is greater. | 17 | | (g-5) Fine distribution. If the court imposes a fine under | 18 | | subsection (b), (c), or (d) of this Section, it shall be | 19 | | collected and distributed to the Specialized Services for | 20 | | Survivors of Human Trafficking Fund in accordance with Section | 21 | | 5-9-1.21 of the Unified Code of Corrections. | 22 | | (h) Trafficking victim services. Subject to the | 23 | | availability of funds, the Department of Human Services may | 24 | | provide or fund emergency services and assistance to | 25 | | individuals who are victims of one or more offenses defined in | 26 | | this Section.
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| 1 | | (i) Certification. The Attorney General, a State's | 2 | | Attorney, or any law enforcement official shall certify in | 3 | | writing to the United States Department of Justice or other | 4 | | federal agency, such as the United States Department of | 5 | | Homeland Security, that an investigation or prosecution under | 6 | | this Section has begun and the individual who is a likely | 7 | | victim of a crime described in this Section is willing to | 8 | | cooperate or is cooperating with the investigation to enable | 9 | | the individual, if eligible under federal law, to qualify for | 10 | | an appropriate special immigrant visa and to access available | 11 | | federal benefits. Cooperation with law enforcement shall not be | 12 | | required of victims of a crime described in this Section who | 13 | | are under 18 years of age. This certification shall be made | 14 | | available to the victim and his or her designated legal | 15 | | representative. | 16 | | (j) A person who commits involuntary servitude, | 17 | | involuntary sexual servitude of a minor, or trafficking in | 18 | | persons under subsection (b), (c), or (d) of this Section is | 19 | | subject to the property forfeiture provisions set forth in | 20 | | Article 124B of the Code of Criminal Procedure of 1963.
| 21 | | (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | 22 | | 98-1013, eff. 1-1-15 .)
| 23 | | Section 15. The Code of Civil Procedure is amended by | 24 | | changing Section 13-225 as follows: |
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| 1 | | (735 ILCS 5/13-225) | 2 | | Sec. 13-225. Trafficking victims protection. (a) In | 3 | | this Section, "human trafficking", "involuntary servitude", | 4 | | "sex trade", and "victim of the sex trade" have the meanings | 5 | | ascribed to them in Section 10 of the Trafficking Victims | 6 | | Protection Act. | 7 | | (b) Subject to both subsections (e) and (f) and | 8 | | notwithstanding any other provision of law, an action under the | 9 | | Trafficking Victims Protection Act must be commenced within 25 | 10 | | 10 years of the date the limitation period begins to run under | 11 | | subsection (d) or within 25 10 years of the date the plaintiff | 12 | | discovers or through the use of reasonable diligence should | 13 | | discover both (i) that the sex trade, involuntary servitude, or | 14 | | human trafficking act occurred, and (ii) that the defendant | 15 | | caused, was responsible for, or profited from the sex trade, | 16 | | involuntary servitude, or human trafficking act. The fact that | 17 | | the plaintiff discovers or through the use of reasonable | 18 | | diligence should discover that the sex trade, involuntary | 19 | | servitude, or human trafficking act occurred is not, by itself, | 20 | | sufficient to start the discovery period under this subsection | 21 | | (b). | 22 | | (c) If the injury is caused by 2 or more acts that are part | 23 | | of a continuing series of sex trade, involuntary servitude, or | 24 | | human trafficking acts by the same defendant, then the | 25 | | discovery period under subsection (b) shall be computed from | 26 | | the date the person abused discovers or through the use of |
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| 1 | | reasonable diligence should discover (i) that the last sex | 2 | | trade, involuntary servitude, or human trafficking act in the | 3 | | continuing series occurred, and (ii) that the defendant caused, | 4 | | was responsible for, or profited from the series of sex trade, | 5 | | involuntary servitude, or human trafficking acts. The fact that | 6 | | the plaintiff discovers or through the use of reasonable | 7 | | diligence should discover that the last sex trade, involuntary | 8 | | servitude, or human trafficking act in the continuing series | 9 | | occurred is not, by itself, sufficient to start the discovery | 10 | | period under subsection (b). | 11 | | (d) The limitation periods in subsection (b) do not begin | 12 | | to run before the plaintiff attains the age of 18 years; and, | 13 | | if at the time the plaintiff attains the age of 18 years he or | 14 | | she is under other legal disability, the limitation periods | 15 | | under subsection (b) do not begin to run until the removal of | 16 | | the disability. | 17 | | (e) The limitation periods in subsection (b) do not run | 18 | | during a time period when the plaintiff is subject to threats, | 19 | | intimidation, manipulation, or fraud perpetrated by the | 20 | | defendant or by any person acting in the interest of the | 21 | | defendant. | 22 | | (f) The limitation periods in subsection (b) do not | 23 | | commence running until the expiration of all limitations | 24 | | periods applicable to the criminal prosecution of the plaintiff | 25 | | for any acts which form the basis of a cause of action under | 26 | | the Trafficking Victims Protection Act.
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| 1 | | (Source: P.A. 100-939, eff. 1-1-19 .)".
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