Public Act 101-0018 Public Act 0018 101ST GENERAL ASSEMBLY |
Public Act 101-0018 | SB1890 Enrolled | LRB101 07959 SLF 53015 b |
|
| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the | Lodging Services Human Trafficking Recognition Training Act. | Section 5. Definitions. In this Act: | "Department" means the Department of Human Services. | "Employee" means a person employed by a lodging | establishment who has recurring interactions with the public, | including, but not limited to, an employee who works in a | reception area, performs housekeeping duties, helps customers | in moving their possessions, or transports by vehicle customers | of the lodging establishment. | "Human trafficking" means the deprivation or violation of | the personal liberty of another with the intent to obtain | forced labor or services, procure or sell the individual for | commercial sex, or exploit the individual in obscene matter. | Depriving or violating a person's liberty includes substantial | and sustained restriction of another's liberty accomplished | through fraud, deceit, coercion, violence, duress, menace, or | threat of unlawful injury to the victim or to another person, | under circumstances where the person receiving or apprehending | the threat reasonably believes that it is likely that the |
| person making the threat would carry it out.
| "Lodging establishment" means an establishment classified | as a hotel or motel in the 2017 North American Industry | Classification System under code 721110, and an establishment | classified as a casino hotel in the 2017 North American | Industry Classification System under code 721120. | Section 10. Human trafficking recognition training. | Beginning June 1, 2020, a lodging establishment shall provide | its employees with training in the recognition of human | trafficking and protocols for reporting observed human | trafficking to the appropriate authority. The employees must | complete the training within 6 months after beginning | employment in such role with the lodging establishment and | every 2 years thereafter, if still employed by the lodging | establishment. The training shall be at least 20 minutes in | duration. | Section 15. Human trafficking recognition training | curriculum. | (a) A lodging establishment may use its own human | trafficking training program or that of a third party and be in | full compliance with this Act if the human trafficking training | program includes, at a minimum, all of the following: | (1) a definition of human trafficking and commercial | exploitation of children; |
| (2) guidance on how to identify individuals who are | most at risk for human trafficking; | (3) the difference between human trafficking for | purposes of labor and for purposes of sex as the | trafficking relates to lodging establishments; and | (4) guidance on the role of lodging establishment | employees in reporting and responding to instances of human | trafficking. | (b) The Department shall develop a curriculum for an | approved human trafficking training recognition program which | shall be used by a lodging establishment that does not | administer its own human trafficking recognition program as | described in subsection (a). The human trafficking training | recognition program developed by the Department shall include, | at a minimum, all of the following: | (1) a definition of human trafficking and commercial | exploitation of children; | (2) guidance on how to identify individuals who are | most at risk for human trafficking; | (3) the difference between human trafficking for | purposes of labor and for purposes of sex as the | trafficking relates to lodging establishments; and | (4) guidance on the role of lodging establishment | employees in reporting and responding to instances of human | trafficking. | The Department may consult the United States Department of |
| Justice for the human trafficking recognition training program | developed under this subsection. | The Department shall develop and publish the human | trafficking recognition training program described in this | subsection no later than July 1, 2020. | Section 100. The Department of State Police Law of the
| Civil Administrative Code of Illinois is amended by adding | Section 2605-99 as follows: | (20 ILCS 2605/2605-99 new) | Sec. 2605-99. Training; human trafficking. The Director | shall conduct or approve a training program in the detection | and investigation of all forms of human trafficking, including, | but not limited to "involuntary servitude" under subsection (b) | of Section 10-9 of the Criminal Code of 2012, "involuntary | sexual servitude of a minor" under subsection (c) of Section | 10-9 of the Criminal Code of 2012, and "trafficking in persons" | under subsection (d) of Section 10-9 of the Criminal Code of | 2012. This program shall be made available to all cadets and | state police officers. | Section 105. The Illinois Police Training Act is amended by | changing Section 7 and by adding Section 10.23 as follows:
| (50 ILCS 705/7) (from Ch. 85, par. 507)
|
| Sec. 7. Rules and standards for schools. The Board shall | adopt rules and
minimum standards for such schools which shall | include, but not be limited to,
the following:
| a. The curriculum for probationary police officers | which shall be
offered by all certified schools shall | include, but not be limited to,
courses of procedural | justice, arrest and use and control tactics, search and | seizure, including temporary questioning, civil rights, | human rights, human relations,
cultural competency, | including implicit bias and racial and ethnic sensitivity,
| criminal law, law of criminal procedure, constitutional | and proper use of law enforcement authority, vehicle and | traffic law including
uniform and non-discriminatory | enforcement of the Illinois Vehicle Code,
traffic control | and accident investigation, techniques of obtaining
| physical evidence, court testimonies, statements, reports, | firearms
training, training in the use of electronic | control devices, including the psychological and | physiological effects of the use of those devices on | humans, first-aid (including cardiopulmonary | resuscitation), training in the administration of opioid | antagonists as defined in paragraph (1) of subsection (e) | of Section 5-23 of the Substance Use Disorder Act, handling | of
juvenile offenders, recognition of
mental conditions | and crises, including, but not limited to, the disease of | addiction, which require immediate assistance and response |
| and methods to
safeguard and provide assistance to a person | in need of mental
treatment, recognition of abuse, neglect, | financial exploitation, and self-neglect of adults with | disabilities and older adults, as defined in Section 2 of | the Adult Protective Services Act, crimes against the | elderly, law of evidence, the hazards of high-speed police | vehicle
chases with an emphasis on alternatives to the | high-speed chase, and
physical training. The curriculum | shall include specific training in
techniques for | immediate response to and investigation of cases of | domestic
violence and of sexual assault of adults and | children, including cultural perceptions and common myths | of sexual assault and sexual abuse as well as interview | techniques that are age sensitive and are trauma informed, | victim centered, and victim sensitive. The curriculum | shall include
training in techniques designed to promote | effective
communication at the initial contact with crime | victims and ways to comprehensively
explain to victims and | witnesses their rights under the Rights
of Crime Victims | and Witnesses Act and the Crime
Victims Compensation Act. | The curriculum shall also include training in effective | recognition of and responses to stress, trauma, and | post-traumatic stress experienced by police officers. The | curriculum shall also include a block of instruction aimed | at identifying and interacting with persons with autism and | other developmental or physical disabilities, reducing |
| barriers to reporting crimes against persons with autism, | and addressing the unique challenges presented by cases | involving victims or witnesses with autism and other | developmental disabilities. The curriculum shall include | training in the detection and investigation of all forms of | human trafficking. The curriculum for
permanent police | officers shall include, but not be limited to: (1) | refresher
and in-service training in any of the courses | listed above in this
subparagraph, (2) advanced courses in | any of the subjects listed above in
this subparagraph, (3) | training for supervisory personnel, and (4)
specialized | training in subjects and fields to be selected by the | board. The training in the use of electronic control | devices shall be conducted for probationary police | officers, including University police officers.
| b. Minimum courses of study, attendance requirements | and equipment
requirements.
| c. Minimum requirements for instructors.
| d. Minimum basic training requirements, which a | probationary police
officer must satisfactorily complete | before being eligible for permanent
employment as a local | law enforcement officer for a participating local
| governmental agency. Those requirements shall include | training in first aid
(including cardiopulmonary | resuscitation).
| e. Minimum basic training requirements, which a |
| probationary county
corrections officer must | satisfactorily complete before being eligible for
| permanent employment as a county corrections officer for a | participating
local governmental agency.
| f. Minimum basic training requirements which a | probationary court
security officer must satisfactorily | complete before being eligible for
permanent employment as | a court security officer for a participating local
| governmental agency. The Board shall
establish those | training requirements which it considers appropriate for | court
security officers and shall certify schools to | conduct that training.
| A person hired to serve as a court security officer | must obtain from the
Board a certificate (i) attesting to | his or her successful completion of the
training course; | (ii) attesting to his or her satisfactory
completion of a | training program of similar content and number of hours | that
has been found acceptable by the Board under the | provisions of this Act; or
(iii) attesting to the Board's | determination that the training
course is unnecessary | because of the person's extensive prior law enforcement
| experience.
| Individuals who currently serve as court security | officers shall be deemed
qualified to continue to serve in | that capacity so long as they are certified
as provided by | this Act within 24 months of June 1, 1997 (the effective |
| date of Public Act 89-685). Failure to be so certified, | absent a waiver from the
Board, shall cause the officer to | forfeit his or her position.
| All individuals hired as court security officers on or | after June 1, 1997 (the effective
date of Public Act | 89-685) shall be certified within 12 months of the
date of | their hire, unless a waiver has been obtained by the Board, | or they
shall forfeit their positions.
| The Sheriff's Merit Commission, if one exists, or the | Sheriff's Office if
there is no Sheriff's Merit Commission, | shall maintain a list of all
individuals who have filed | applications to become court security officers and
who meet | the eligibility requirements established under this Act. | Either
the Sheriff's Merit Commission, or the Sheriff's | Office if no Sheriff's Merit
Commission exists, shall | establish a schedule of reasonable intervals for
| verification of the applicants' qualifications under
this | Act and as established by the Board.
| g. Minimum in-service training requirements, which a | police officer must satisfactorily complete every 3 years. | Those requirements shall include constitutional and proper | use of law enforcement authority, procedural justice, | civil rights, human rights, mental health awareness and | response, and cultural competency. | h. Minimum in-service training requirements, which a | police officer must satisfactorily complete at least |
| annually. Those requirements shall include law updates and | use of force training which shall include scenario based | training, or similar training approved by the Board. | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
| (50 ILCS 705/10.23 new) | Sec. 10.23. Training; human trafficking. The Board shall | conduct or approve an in-service training program in the | detection and investigation of all forms of human trafficking, | including, but not limited to, "involuntary servitude" under | subsection (b) of Section 10-9 of the Criminal Code of 2012, | "involuntary sexual servitude of a minor" under subsection (c) | of Section 10-9 of the Criminal Code of 2012, and "trafficking | in persons" under subsection (d) of Section 10-9 of the | Criminal Code of 2012. This program shall be made available to | all certified law enforcement, correctional, and court | security officers. | Section 110. The Criminal Code of 2012 is amended by | changing Sections 3-6 and 10-9 as follows:
| (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| Sec. 3-6. Extended limitations. The period within which a |
| prosecution
must be commenced under the provisions of Section | 3-5 or other applicable
statute is extended under the following | conditions:
| (a) A prosecution for theft involving a breach of a | fiduciary obligation
to the aggrieved person may be commenced | as follows:
| (1) If the aggrieved person is a minor or a person | under legal disability,
then during the minority or legal | disability or within one year after the
termination | thereof.
| (2) In any other instance, within one year after the | discovery of the
offense by an aggrieved person, or by a | person who has legal capacity to
represent an aggrieved | person or has a legal duty to report the offense,
and is | not himself or herself a party to the offense; or in the | absence of such
discovery, within one year after the proper | prosecuting officer becomes
aware of the offense. However, | in no such case is the period of limitation
so extended | more than 3 years beyond the expiration of the period | otherwise
applicable.
| (b) A prosecution for any offense based upon misconduct in | office by a
public officer or employee may be commenced within | one year after discovery
of the offense by a person having a | legal duty to report such offense, or
in the absence of such | discovery, within one year after the proper
prosecuting officer | becomes aware of the offense. However, in no such case
is the |
| period of limitation so extended more than 3 years beyond the
| expiration of the period otherwise applicable.
| (b-5) When the victim is under 18 years of age at the time | of the offense, a prosecution for involuntary servitude, | involuntary sexual servitude of a minor, or trafficking in | persons and related offenses under Section 10-9 of this Code | may be commenced within 25 years of the victim attaining the | age of 18 years. | (b-6) When the victim is 18 years of age or over at the | time of the offense, a prosecution for involuntary servitude, | involuntary sexual servitude of a minor, or trafficking in | persons and related offenses under Section 10-9 of this Code | may be commenced within 25 years after the commission of the | offense. | (c) (Blank).
| (d) A prosecution for child pornography, aggravated child | pornography, indecent
solicitation of a
child, soliciting for a | juvenile prostitute, juvenile pimping,
exploitation of a | child, or promoting juvenile prostitution except for keeping a | place of juvenile prostitution may be commenced within one year | of the victim
attaining the age of 18 years. However, in no | such case shall the time
period for prosecution expire sooner | than 3 years after the commission of
the offense.
| (e) Except as otherwise provided in subdivision (j), a | prosecution for
any offense involving sexual conduct or sexual
| penetration, as defined in Section 11-0.1 of this Code, where |
| the defendant
was within a professional or fiduciary | relationship or a purported
professional or fiduciary | relationship with the victim at the
time of the commission of | the offense may be commenced within one year
after the | discovery of the offense by the victim.
| (f) A prosecution for any offense set forth in Section 44
| of the Environmental Protection Act
may be commenced within 5 | years after the discovery of such
an offense by a person or | agency having the legal duty to report the
offense or in the | absence of such discovery, within 5 years
after the proper | prosecuting officer becomes aware of the offense.
| (f-5) A prosecution for any offense set forth in Section | 16-30 of this Code may be commenced within 5 years after the | discovery of the offense by the victim of that offense.
| (g) (Blank).
| (h) (Blank).
| (i) Except as otherwise provided in subdivision (j), a | prosecution for
criminal sexual assault, aggravated criminal
| sexual assault, or aggravated criminal sexual abuse may be | commenced within 10
years of the commission of the offense if | the victim reported the offense to
law enforcement authorities | within 3 years after the commission of the offense. If the | victim consented to the collection of evidence using an | Illinois State Police Sexual Assault Evidence Collection Kit | under the Sexual Assault Survivors Emergency Treatment Act, it | shall constitute reporting for purposes of this Section.
|
| Nothing in this subdivision (i) shall be construed to
| shorten a period within which a prosecution must be commenced | under any other
provision of this Section.
| (i-5) A prosecution for armed robbery, home invasion, | kidnapping, or aggravated kidnaping may be commenced within 10 | years of the commission of the offense if it arises out of the | same course of conduct and meets the criteria under one of the | offenses in subsection (i) of this Section. | (j) (1) When the victim is under 18 years of age at the | time of the offense, a
prosecution
for criminal sexual assault, | aggravated criminal sexual assault, predatory
criminal sexual | assault of a child, aggravated criminal sexual abuse, or felony | criminal sexual abuse may be commenced at any time. | (2) When the victim is under 18 years of age at the time of | the offense, a prosecution for failure of a person who is | required to report an alleged
or suspected commission of | criminal sexual assault, aggravated criminal sexual assault, | predatory criminal sexual assault of a child, aggravated | criminal sexual abuse, or felony criminal sexual abuse under | the Abused and Neglected
Child Reporting Act may be
commenced | within 20 years after the child victim attains 18
years of age. | (3) When the victim is under 18 years of age at the time of | the offense, a
prosecution
for misdemeanor criminal sexual | abuse may be
commenced within 10 years after the child victim | attains 18
years of age.
| (4) Nothing in this subdivision (j) shall be construed to
|
| shorten a period within which a prosecution must be commenced | under any other
provision of this Section.
| (j-5) A prosecution for armed robbery, home invasion, | kidnapping, or aggravated kidnaping may be commenced at any | time if it arises out of the same course of conduct and meets | the criteria under one of the offenses in subsection (j) of | this Section. | (k) (Blank).
| (l) A prosecution for any offense set forth in Section 26-4 | of this Code may be commenced within one year after the | discovery of the offense by the victim of that offense. | (l-5) A prosecution for any offense involving sexual | conduct or sexual penetration, as defined in Section 11-0.1 of | this Code, in which the victim was 18 years of age or older at | the time of the offense, may be commenced within one year after | the discovery of the offense by the victim when corroborating | physical evidence is available. The charging document shall | state that the statute of limitations is extended under this | subsection (l-5) and shall state the circumstances justifying | the extension.
Nothing in this subsection (l-5) shall be | construed to shorten a period within which a prosecution must | be commenced under any other provision of this Section or | Section 3-5 of this Code. | (m) The prosecution shall not be required to prove at trial | facts which extend the general limitations in Section 3-5 of | this Code when the facts supporting extension of the period of |
| general limitations are properly pled in the charging document. | Any challenge relating to the extension of the general | limitations period as defined in this Section shall be | exclusively conducted under Section 114-1 of the Code of | Criminal Procedure of 1963. | (n) A prosecution for any offense set forth in subsection | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | Illinois Public Aid Code, in which the total amount of money | involved is $5,000 or more, including the monetary value of | food stamps and the value of commodities under Section 16-1 of | this Code may be commenced within 5 years of the last act | committed in furtherance of the offense. | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.) | (720 ILCS 5/10-9) | Sec. 10-9. Trafficking in persons, involuntary servitude, | and related offenses. | (a) Definitions. In this Section: | (1) "Intimidation" has the meaning prescribed in | Section 12-6. | (2) "Commercial sexual activity" means any sex act on | account of which anything of value is given, promised to, | or received by any person.
|
| (2.5) "Company" means any sole proprietorship, | organization, association, corporation, partnership, joint | venture, limited partnership, limited liability | partnership, limited liability limited partnership, | limited liability company, or other entity or business | association, including all wholly owned subsidiaries, | majority-owned subsidiaries, parent companies, or | affiliates of those entities or business associations, | that exist for the purpose of making profit. | (3) "Financial harm" includes intimidation that brings | about financial loss, criminal usury, or employment | contracts that violate the Frauds Act. | (4) (Blank). | (5) "Labor" means work of economic or financial value. | (6) "Maintain" means, in relation to labor or services, | to secure continued performance thereof, regardless of any | initial agreement on the part of the victim to perform that | type of service. | (7) "Obtain" means, in relation to labor or services, | to secure performance thereof. | (7.5) "Serious harm" means any harm, whether physical | or nonphysical, including psychological, financial, or | reputational harm, that is sufficiently serious, under all | the surrounding circumstances, to compel a reasonable | person of the same background and in the same circumstances | to perform or to continue performing labor or services in |
| order to avoid incurring that harm. | (8) "Services" means activities resulting from a | relationship between a person and the actor in which the | person performs activities under the supervision of or for | the benefit of the actor. Commercial sexual activity and | sexually-explicit performances are forms of activities | that are "services" under this Section. Nothing in this | definition may be construed to legitimize or legalize | prostitution. | (9) "Sexually-explicit performance" means a live, | recorded, broadcast (including over the Internet), or | public act or show intended to arouse or satisfy the sexual | desires or appeal to the prurient interests of patrons. | (10) "Trafficking victim" means a person subjected to | the practices set forth in subsection (b), (c), or (d). | (b) Involuntary servitude. A person commits involuntary | servitude when he or she knowingly subjects, attempts to | subject, or engages in a conspiracy to subject another person | to labor or services obtained or maintained through any of the | following means, or any combination of these means: | (1) causes or threatens to cause physical harm to any | person; | (2) physically restrains or threatens to physically | restrain another person; | (3) abuses or threatens to abuse the law or legal | process; |
| (4) knowingly destroys, conceals, removes, | confiscates, or possesses any actual or purported passport | or other immigration document, or any other actual or | purported government identification document, of another | person; | (5) uses intimidation, or exerts financial control | over any person; or | (6) uses any scheme, plan, or pattern intended to cause | the person to believe that, if the person did not perform | the labor or services, that person or another person would | suffer serious harm or physical restraint. | Sentence. Except as otherwise provided in subsection (e) or | (f), a violation of subsection (b)(1) is a Class X felony, | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | (c) Involuntary sexual servitude of a minor. A person | commits involuntary sexual servitude of a minor when he or she | knowingly recruits, entices, harbors, transports, provides, or | obtains by any means, or attempts to recruit, entice, harbor, | provide, or obtain by any means, another person under 18 years | of age, knowing that the minor will engage in commercial sexual | activity, a sexually-explicit performance, or the production | of pornography, or causes or attempts to cause a minor to | engage in one or more of those activities and: | (1) there is no overt force or threat and the minor is | between the ages of 17 and 18 years; |
| (2) there is no overt force or threat and the minor is | under the age of 17 years; or | (3) there is overt force or threat. | Sentence. Except as otherwise provided in subsection (e) or | (f), a violation of subsection (c)(1) is a Class 1 felony, | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | (d) Trafficking in persons. A person commits trafficking in | persons when he or she knowingly: (1) recruits, entices, | harbors, transports, provides, or obtains by any means, or | attempts to recruit, entice, harbor, transport, provide, or | obtain by any means, another person, intending or knowing that | the person will be subjected to involuntary servitude; or (2) | benefits, financially or by receiving anything of value, from | participation in a venture that has engaged in an act of | involuntary servitude or involuntary sexual servitude of a | minor. A company commits trafficking in persons when the | company knowingly benefits, financially or by receiving | anything of value, from participation in a venture that has | engaged in an act of involuntary servitude or involuntary | sexual servitude of a minor. | Sentence. Except as otherwise provided in subsection (e) or | (f), a violation of this subsection by a person is a Class 1 | felony. A violation of this subsection by a company is a | business offense for which a fine of up to $100,000 may be | imposed. | (e) Aggravating factors. A violation of this Section |
| involving kidnapping or an attempt to kidnap, aggravated | criminal sexual assault or an attempt to commit aggravated | criminal sexual assault, or an attempt to commit first degree | murder is a Class X felony. | (f) Sentencing considerations. | (1) Bodily injury. If, pursuant to a violation of this | Section, a victim
suffered bodily injury, the defendant may | be sentenced to an extended-term sentence under Section | 5-8-2 of the Unified Code of Corrections. The sentencing | court must take into account the time in which the victim | was held in servitude, with increased penalties for cases | in which the victim was held for between 180 days and one | year, and increased penalties for cases in which the victim | was held for more than one year. | (2) Number of victims. In determining sentences within | statutory maximums, the sentencing court should take into | account the number of victims, and may provide for | substantially increased sentences in cases involving more | than 10 victims. | (g) Restitution. Restitution is mandatory under this | Section. In addition to any other amount of loss identified, | the court shall order restitution including the greater of (1) | the gross income or value to the defendant of the victim's | labor or services or (2) the value of the victim's labor as | guaranteed under the Minimum Wage Law and overtime provisions | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
| whichever is greater. | (g-5) Fine distribution. If the court imposes a fine under | subsection (b), (c), or (d) of this Section, it shall be | collected and distributed to the Specialized Services for | Survivors of Human Trafficking Fund in accordance with Section | 5-9-1.21 of the Unified Code of Corrections. | (h) Trafficking victim services. Subject to the | availability of funds, the Department of Human Services may | provide or fund emergency services and assistance to | individuals who are victims of one or more offenses defined in | this Section.
| (i) Certification. The Attorney General, a State's | Attorney, or any law enforcement official shall certify in | writing to the United States Department of Justice or other | federal agency, such as the United States Department of | Homeland Security, that an investigation or prosecution under | this Section has begun and the individual who is a likely | victim of a crime described in this Section is willing to | cooperate or is cooperating with the investigation to enable | the individual, if eligible under federal law, to qualify for | an appropriate special immigrant visa and to access available | federal benefits. Cooperation with law enforcement shall not be | required of victims of a crime described in this Section who | are under 18 years of age. This certification shall be made | available to the victim and his or her designated legal | representative. |
| (j) A person who commits involuntary servitude, | involuntary sexual servitude of a minor, or trafficking in | persons under subsection (b), (c), or (d) of this Section is | subject to the property forfeiture provisions set forth in | Article 124B of the Code of Criminal Procedure of 1963.
| (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | 98-1013, eff. 1-1-15 .)
| Section 115. The Code of Civil Procedure is amended by | changing Section 13-225 as follows: | (735 ILCS 5/13-225) | Sec. 13-225. Trafficking victims protection. (a) In | this Section, "human trafficking", "involuntary servitude", | "sex trade", and "victim of the sex trade" have the meanings | ascribed to them in Section 10 of the Trafficking Victims | Protection Act. | (b) Subject to both subsections (e) and (f) and | notwithstanding any other provision of law, an action under the | Trafficking Victims Protection Act must be commenced within 25 | 10 years of the date the limitation period begins to run under | subsection (d) or within 25 10 years of the date the plaintiff | discovers or through the use of reasonable diligence should | discover both (i) that the sex trade, involuntary servitude, or | human trafficking act occurred, and (ii) that the defendant | caused, was responsible for, or profited from the sex trade, |
| involuntary servitude, or human trafficking act. The fact that | the plaintiff discovers or through the use of reasonable | diligence should discover that the sex trade, involuntary | servitude, or human trafficking act occurred is not, by itself, | sufficient to start the discovery period under this subsection | (b). | (c) If the injury is caused by 2 or more acts that are part | of a continuing series of sex trade, involuntary servitude, or | human trafficking acts by the same defendant, then the | discovery period under subsection (b) shall be computed from | the date the person abused discovers or through the use of | reasonable diligence should discover (i) that the last sex | trade, involuntary servitude, or human trafficking act in the | continuing series occurred, and (ii) that the defendant caused, | was responsible for, or profited from the series of sex trade, | involuntary servitude, or human trafficking acts. The fact that | the plaintiff discovers or through the use of reasonable | diligence should discover that the last sex trade, involuntary | servitude, or human trafficking act in the continuing series | occurred is not, by itself, sufficient to start the discovery | period under subsection (b). | (d) The limitation periods in subsection (b) do not begin | to run before the plaintiff attains the age of 18 years; and, | if at the time the plaintiff attains the age of 18 years he or | she is under other legal disability, the limitation periods | under subsection (b) do not begin to run until the removal of |
| the disability. | (e) The limitation periods in subsection (b) do not run | during a time period when the plaintiff is subject to threats, | intimidation, manipulation, or fraud perpetrated by the | defendant or by any person acting in the interest of the | defendant. | (f) The limitation periods in subsection (b) do not | commence running until the expiration of all limitations | periods applicable to the criminal prosecution of the plaintiff | for any acts which form the basis of a cause of action under | the Trafficking Victims Protection Act.
| (Source: P.A. 100-939, eff. 1-1-19 .)
| Section 999. Effective date. This Section and Sections 1 | through 15 take effect upon becoming law.
|
Effective Date: 06/20/2019
|