Bill Text: IL HB3629 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that 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 may be commenced within 25 years (rather than one year) of the victim attaining the age of 18 years. Provides that involuntary sexual servitude of a minor is a Class X felony for which the person shall be sentenced to a minimum term of imprisonment of 25 years if the person under 18 years of age who is the victim of the offense has engaged in commercial sexual activity, a sexually-explicit performance, or the production of pornography. Provides that involuntary sexual servitude of a minor is a Class X felony for which the person shall be sentenced to a minimum term of imprisonment of 10 years if the person under 18 years of age has not engaged in the prohibited activities. Provides for the same penalty for trafficking in persons and involuntary servitude if the victim of the offense was under 18 years of age. Amends the Code of Civil Procedure. Includes in the definition of "childhood sexual abuse" human trafficking violation in which a person under 18 years of age was a victim. Provides that notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse may be commenced at any time.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3629 Detail]

Download: Illinois-2017-HB3629-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3629 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that 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 may be commenced within 25 years (rather than one year) of the victim attaining the age of 18 years. Provides that involuntary sexual servitude of a minor is a Class X felony for which the person shall be sentenced to a minimum term of imprisonment of 25 years if the person under 18 years of age who is the victim of the offense has engaged in commercial sexual activity, a sexually-explicit performance, or the production of pornography. Provides that involuntary sexual servitude of a minor is a Class X felony for which the person shall be sentenced to a minimum term of imprisonment of 10 years if the person under 18 years of age has not engaged in the prohibited activities. Provides for the same penalty for trafficking in persons and involuntary servitude if the victim of the offense was under 18 years of age. Amends the Code of Civil Procedure. Includes in the definition of "childhood sexual abuse" human trafficking violation in which a person under 18 years of age was a victim. Provides that notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse may be commenced at any time.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning human trafficking.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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

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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 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.
(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

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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. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse 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", approved June 29, 1970,
as amended, 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.

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(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.
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 when
corroborating physical evidence is available or an individual
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
(2) In circumstances other than as described in paragraph

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(1) of this subsection (j), 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, or a prosecution for
failure of a person who is required to report an alleged or
suspected commission of any of these offenses 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.
(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,

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eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
(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.
(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

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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;

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(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. If
the victim of the offense is under 18 years of age at the time
of the commission of the offense, the sentence shall be the
same as the sentence for involuntary sexual servitude of a
minor.
(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

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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. Involuntary sexual servitude of a minor is a
Class X felony for which the person shall be sentenced to a
minimum term of imprisonment of 25 years if the person under 18
years of age who is the victim of the offense has engaged in
commercial sexual activity, a sexually-explicit performance,
or the production of pornography. Involuntary sexual servitude
of a minor is a Class X felony for which the person shall be
sentenced to a minimum term of imprisonment of 10 years if the
person under 18 years of age is recruited, enticed, harbored,
transported, provided, or obtained by any means, or if there
was an attempt 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 but the minor has not
engaged in one or more of those activities. Except as otherwise

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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.
Sentence. Except as otherwise provided in this Section
subsection (e) or (f), a violation of this subsection is a
Class 1 felony. If the victim of the offense is under 18 years
of age at the time of the commission of the offense, the
sentence shall be the same as the sentence for involuntary
sexual servitude of a minor.
(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

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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.

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(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;

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98-1013, eff. 1-1-15.)
Section 10. The Code of Civil Procedure is amended by
changing Section 13-202.2 as follows:
(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual abuse that
occurs when the person abused is under 18 years of age.
"Childhood sexual abuse" includes an act committed against a
victim under 18 years of age in violation of Section 10-9 of
the Criminal Code of 2012
"Sexual abuse" includes but is not limited to sexual
conduct and sexual penetration as defined in Section 11-0.1 of
the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action
for damages for personal injury based on childhood sexual abuse
may must be commenced at any time within 20 years of the date
the limitation period begins to run under subsection (d) or
within 20 years of the date the person abused discovers or
through the use of reasonable diligence should discover both
(i) that the act of childhood sexual abuse occurred and (ii)
that the injury was caused by the childhood sexual abuse. The
fact that the person abused discovers or through the use of
reasonable diligence should discover that the act of childhood

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sexual abuse occurred is not, by itself, sufficient to start
the discovery period under this subsection (b). Knowledge of
the abuse does not constitute discovery of the injury or the
causal relationship between any later-discovered injury and
the abuse.
(c) (Blank). If the injury is caused by 2 or more acts of
childhood sexual abuse that are part of a continuing series of
acts of childhood sexual abuse by the same abuser, 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 both (i) that the last act
of childhood sexual abuse in the continuing series occurred and
(ii) that the injury was caused by any act of childhood sexual
abuse in the continuing series. The fact that the person abused
discovers or through the use of reasonable diligence should
discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to
start the discovery period under subsection (b). Knowledge of
the abuse does not constitute discovery of the injury or the
causal relationship between any later-discovered injury and
the abuse.
(d) (Blank). The limitation periods under subsection (b) do
not begin to run before the person abused attains the age of 18
years; and, if at the time the person abused 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

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until the removal of the disability.
(d-1) (Blank). The limitation periods in subsection (b) do
not run during a time period when the person abused is subject
to threats, intimidation, manipulation, or fraud perpetrated
by the abuser or by any person acting in the interest of the
abuser.
(e) (Blank). This Section applies to actions pending on the
effective date of this amendatory Act of 1990 as well as to
actions commenced on or after that date. The changes made by
this amendatory Act of 1993 shall apply only to actions
commenced on or after the effective date of this amendatory Act
of 1993. The changes made by this amendatory Act of the 93rd
General Assembly apply to actions pending on the effective date
of this amendatory Act of the 93rd General Assembly as well as
actions commenced on or after that date. The changes made by
this amendatory Act of the 96th General Assembly apply to
actions commenced on or after the effective date of this
amendatory Act of the 96th General Assembly if the action would
not have been time barred under any statute of limitations or
statute of repose prior to the effective date of this
amendatory Act of the 96th General Assembly.
(f) (Blank). Notwithstanding any other provision of law, an
action for damages based on childhood sexual abuse may be
commenced at any time; provided, however, that the changes made
by this amendatory Act of the 98th General Assembly apply to
actions commenced on or after the effective date of this

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amendatory Act of the 98th General Assembly if the action would
not have been time barred under any statute of limitations or
statute of repose prior to the effective date of this
amendatory Act of the 98th General Assembly.
(Source: P.A. 97-1150, eff. 1-25-13; 98-276, eff. 1-1-14.)
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INDEX
Statutes amended in order of appearance