Full Text of HB5106 103rd General Assembly
HB5106 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5106 Introduced 2/8/2024, by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: |
| |
Amends the Criminal Code of 2012. Provides for enhanced mandatory sentences of imprisonment for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor and aggravating factors concerning those offenses.
|
| |
| | A BILL FOR |
|
| | | HB5106 | | LRB103 33853 RLC 63668 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 2012 is amended by | 5 | | changing 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 Section: | 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 | | (2.5) "Company" means any sole proprietorship, | 16 | | organization, association, corporation, partnership, joint | 17 | | venture, limited partnership, limited liability partnership, | 18 | | limited liability limited partnership, limited liability | 19 | | company, or other entity or business association, including | 20 | | all wholly owned subsidiaries, majority-owned subsidiaries, | 21 | | parent companies, or affiliates of those entities or business | 22 | | associations, that exist for the purpose of making profit. | 23 | | (3) "Financial harm" includes intimidation that brings |
| | | HB5106 | - 2 - | LRB103 33853 RLC 63668 b |
|
| 1 | | about financial loss, criminal usury, or employment contracts | 2 | | that violate the Frauds Act. | 3 | | (4) (Blank). | 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 that | 8 | | type of service. | 9 | | (7) "Obtain" means, in relation to labor or services, to | 10 | | secure performance thereof. | 11 | | (7.5) "Serious harm" means any harm, whether physical or | 12 | | nonphysical, including psychological, financial, or | 13 | | reputational harm, that is sufficiently serious, under all the | 14 | | surrounding circumstances, to compel a reasonable person of | 15 | | the same background and in the same circumstances to perform | 16 | | or to continue performing labor or services in order to avoid | 17 | | incurring that harm. | 18 | | (8) "Services" means activities resulting from a | 19 | | relationship between a person and the actor in which the | 20 | | person performs activities under the supervision of or for the | 21 | | benefit of the actor. Commercial sexual activity and | 22 | | sexually-explicit performances are forms of activities that | 23 | | are "services" under this Section. Nothing in this definition | 24 | | may be construed to legitimize or legalize prostitution. | 25 | | (9) "Sexually-explicit performance" means a live, | 26 | | recorded, broadcast (including over the Internet), or public |
| | | HB5106 | - 3 - | LRB103 33853 RLC 63668 b |
|
| 1 | | act or show intended to arouse or satisfy the sexual desires or | 2 | | appeal to the prurient interests of patrons. | 3 | | (10) "Trafficking victim" means a person subjected to the | 4 | | 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 | 24 | | cause the person to believe that, if the person did not | 25 | | perform the labor or services, that person or another | 26 | | person would suffer serious harm or physical restraint. |
| | | HB5106 | - 4 - | LRB103 33853 RLC 63668 b |
|
| 1 | | Sentence. Except as otherwise provided in subsection (e) | 2 | | or (f), a violation of subsection (b)(1) is a Class X felony | 3 | | for which a person shall be sentenced to a term of imprisonment | 4 | | of not less than 12 years and not more than 60 years , (b)(2) is | 5 | | a Class 1 felony for which a person shall be sentenced to a | 6 | | term of imprisonment of not less than 8 years and not more than | 7 | | 30 years , (b)(3) is a Class 2 felony for which a person shall | 8 | | be sentenced to a term of imprisonment of not less than 6 years | 9 | | and not more than 14 years , (b)(4) is a Class 3 felony for | 10 | | which a person shall be sentenced to a term of imprisonment of | 11 | | not less 4 years and not more than 10 years , (b)(5) and (b)(6) | 12 | | is a Class 4 felony for which a person shall be sentenced to a | 13 | | term of imprisonment of not less than 2 years and not more than | 14 | | 8 years . | 15 | | (c) Involuntary sexual servitude of a minor. A person | 16 | | commits involuntary sexual servitude of a minor when he or she | 17 | | knowingly recruits, entices, harbors, transports, provides, or | 18 | | obtains by any means, or attempts to recruit, entice, harbor, | 19 | | provide, or obtain by any means, another person under 18 years | 20 | | of age, knowing that the minor will engage in commercial | 21 | | sexual activity, a sexually-explicit performance, or the | 22 | | production of pornography, or causes or attempts to cause a | 23 | | minor to engage in one or more of those activities and: | 24 | | (1) there is no overt force or threat and the minor is | 25 | | between the ages of 17 and 18 years; | 26 | | (2) there is no overt force or threat and the minor is |
| | | HB5106 | - 5 - | LRB103 33853 RLC 63668 b |
|
| 1 | | under the age of 17 years; or | 2 | | (3) there is overt force or threat. | 3 | | Sentence. Except as otherwise provided in subsection (e) | 4 | | or (f), a violation of subsection (c)(1) is a Class 1 felony | 5 | | for which a person shall be sentenced to a term of imprisonment | 6 | | of not less than 8 years and not more than 30 years , (c)(2) is | 7 | | a Class X felony for which a person shall be sentenced to a | 8 | | term of imprisonment of not less than 12 years and not more | 9 | | than 60 years , and (c)(3) is a Class X felony for which a | 10 | | person shall be sentenced to a term of imprisonment of not less | 11 | | than 12 years and not more than 60 years . | 12 | | (d) Trafficking in persons. A person commits trafficking | 13 | | in persons when he or she knowingly: (1) recruits, entices, | 14 | | harbors, transports, provides, or obtains by any means, or | 15 | | attempts to recruit, entice, harbor, transport, provide, or | 16 | | obtain by any means, another person, intending or knowing that | 17 | | the person will be subjected to involuntary servitude; or (2) | 18 | | benefits, financially or by receiving anything of value, from | 19 | | participation in a venture that has engaged in an act of | 20 | | involuntary servitude or involuntary sexual servitude of a | 21 | | minor. A company commits trafficking in persons when the | 22 | | company knowingly benefits, financially or by receiving | 23 | | anything of value, from participation in a venture that has | 24 | | engaged in an act of involuntary servitude or involuntary | 25 | | sexual servitude of a minor. | 26 | | Sentence. Except as otherwise provided in subsection (e) |
| | | HB5106 | - 6 - | LRB103 33853 RLC 63668 b |
|
| 1 | | or (f), a violation of this subsection by a person is a Class 1 | 2 | | felony for which a person shall be sentenced to a term of | 3 | | imprisonment of not less than 8 years and not more than 30 | 4 | | years . A violation of this subsection by a company is a | 5 | | business offense for which a fine of up to $100,000 may be | 6 | | imposed. | 7 | | (e) Aggravating factors. A violation of this Section | 8 | | involving kidnapping or an attempt to kidnap, aggravated | 9 | | criminal sexual assault or an attempt to commit aggravated | 10 | | criminal sexual assault, or an attempt to commit first degree | 11 | | murder is a Class X felony for which a person shall be | 12 | | sentenced to a term of imprisonment of not less than 20 years | 13 | | and not more than 60 years . | 14 | | (f) Sentencing considerations. | 15 | | (1) Bodily injury. If, pursuant to a violation of this | 16 | | Section, a victim
suffered bodily injury, the defendant | 17 | | may be sentenced to an extended-term sentence under | 18 | | Section 5-8-2 of the Unified Code of Corrections. The | 19 | | sentencing court must take into account the time in which | 20 | | the victim was held in servitude, with increased penalties | 21 | | for cases in which the victim was held for between 180 days | 22 | | and one year, and increased penalties for cases in which | 23 | | the victim was held for more than one year. | 24 | | (2) Number of victims. In determining sentences within | 25 | | statutory maximums, the sentencing court should take into | 26 | | account the number of victims, and may provide for |
| | | HB5106 | - 7 - | LRB103 33853 RLC 63668 b |
|
| 1 | | substantially increased sentences in cases involving more | 2 | | than 10 victims. | 3 | | (g) Restitution. Restitution is mandatory under this | 4 | | Section. In addition to any other amount of loss identified, | 5 | | the court shall order restitution including the greater of (1) | 6 | | the gross income or value to the defendant of the victim's | 7 | | labor or services or (2) the value of the victim's labor as | 8 | | guaranteed under the Minimum Wage Law and overtime provisions | 9 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 10 | | whichever is greater. | 11 | | (g-5) Fine distribution. If the court imposes a fine under | 12 | | subsection (b), (c), or (d) of this Section, it shall be | 13 | | collected and distributed to the Specialized Services for | 14 | | Survivors of Human Trafficking Fund in accordance with Section | 15 | | 5-9-1.21 of the Unified Code of Corrections. | 16 | | (h) Trafficking victim services. Subject to the | 17 | | availability of funds, the Department of Human Services may | 18 | | provide or fund emergency services and assistance to | 19 | | individuals who are victims of one or more offenses defined in | 20 | | this Section.
| 21 | | (i) Certification. The Attorney General, a State's | 22 | | Attorney, or any law enforcement official shall certify in | 23 | | writing to the United States Department of Justice or other | 24 | | federal agency, such as the United States Department of | 25 | | Homeland Security, that an investigation or prosecution under | 26 | | this Section has begun and the individual who is a likely |
| | | HB5106 | - 8 - | LRB103 33853 RLC 63668 b |
|
| 1 | | victim of a crime described in this Section is willing to | 2 | | cooperate or is cooperating with the investigation to enable | 3 | | the individual, if eligible under federal law, to qualify for | 4 | | an appropriate special immigrant visa and to access available | 5 | | federal benefits. Cooperation with law enforcement shall not | 6 | | be required of victims of a crime described in this Section who | 7 | | are under 18 years of age. This certification shall be made | 8 | | available to the victim and his or her designated legal | 9 | | representative. | 10 | | (j) A person who commits involuntary servitude, | 11 | | involuntary sexual servitude of a minor, or trafficking in | 12 | | persons under subsection (b), (c), or (d) of this Section is | 13 | | subject to the property forfeiture provisions set forth in | 14 | | Article 124B of the Code of Criminal Procedure of 1963.
| 15 | | (Source: P.A. 101-18, eff. 1-1-20 .)
|
|