Illinois General Assembly - Full Text of SB0580
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Full Text of SB0580  100th General Assembly

SB0580enr 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Trafficking Victims Protection Act is
5amended by changing Section 15 as follows:
 
6    (740 ILCS 128/15)
7    (Text of Section before amendment by P.A. 100-939)
8    Sec. 15. Cause of action.
9    (a) Violations of this Act are actionable in civil court.
10    (b) A victim of the sex trade has a cause of action against
11a person or entity who:
12        (1) recruits, profits from, or maintains the victim in
13    any sex trade act;
14        (2) intentionally abuses, as defined in Section 103 of
15    the Illinois Domestic Violence Act of 1986, or causes
16    bodily harm, as defined in Section 11-0.1 of the Criminal
17    Code of 2012, to the victim in any sex trade act; or
18        (3) knowingly advertises or publishes advertisements
19    for purposes of recruitment into sex trade activity.
20    (c) This Section shall not be construed to create liability
21to any person or entity who provides goods or services to the
22general public, who also provides those goods or services to
23persons who would be liable under subsection (b) of this

 

 

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1Section, absent a showing that the person or entity either:
2        (1) knowingly markets or provides its goods or services
3    primarily to persons or entities liable under subsection
4    (b) of this Section;
5        (2) knowingly receives a higher level of compensation
6    from persons or entities liable under subsection (b) of
7    this Section than it generally receives from customers; or
8        (3) supervises or exercises control over persons or
9    entities liable under subsection (b) of this Section.
10(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
11    (Text of Section after amendment by P.A. 100-939)
12    Sec. 15. Cause of action.
13    (a) A victim of the sex trade, involuntary servitude, or
14human trafficking may bring an action in civil court under this
15Act.
16    (a-1) A legal guardian, agent of the victim, court
17appointee, or, with the express written consent of the victim,
18organization that represents the interests of or serves victims
19may bring a cause of action on behalf of a victim. An action
20may also be brought by a government entity responsible for
21enforcing the laws of this State.
22    (b) A victim of the sex trade has a cause of action against
23a person or entity who:
24        (1) recruits, profits from, or maintains the victim in
25    any sex trade act;

 

 

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1        (2) intentionally abuses, as defined in Section 103 of
2    the Illinois Domestic Violence Act of 1986, or causes
3    bodily harm, as defined in Section 11-0.1 of the Criminal
4    Code of 2012, to a victim of the sex trade; or
5        (3) knowingly advertises or publishes advertisements
6    for purposes of recruitment into sex trade activity.
7    (b-1) A victim of involuntary servitude or human
8trafficking has a cause of action against any person or entity
9who knowingly subjects, attempts to subject, or engages in a
10conspiracy to subject the victim to involuntary servitude or
11human trafficking.
12    (c) This Section shall not be construed to create liability
13to any person or entity who provides goods or services to the
14general public, who also provides those goods or services to
15persons who would be liable under subsection (b) of this
16Section, absent a showing that the person or entity either:
17        (1) knowingly markets or provides its goods or services
18    primarily to persons or entities liable under subsection
19    (b) of this Section;
20        (2) knowingly receives a higher level of compensation
21    from persons or entities liable under subsection (b) of
22    this Section than it generally receives from customers; or
23        (3) supervises or exercises control over persons or
24    entities liable under subsection (b) of this Section.
25    (d) The standard of proof in any action brought under this
26Section is a preponderance of the evidence.

 

 

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1(Source: P.A. 100-939, eff. 1-1-19.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.