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


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 15-4)

Status: (Introduced) 2017-04-19 - Added Co-Sponsor Rep. Rita Mayfield [HB3629 Detail]

Download: Illinois-2017-HB3629-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3629

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:
See Index

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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1 AN ACT concerning human trafficking.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Sections 3-6 and 10-9 as follows:
6 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
7 Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11 (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14 (1) If the aggrieved person is a minor or a person
15 under legal disability, then during the minority or legal
16 disability or within one year after the termination
17 thereof.
18 (2) In any other instance, within one year after the
19 discovery of the offense by an aggrieved person, or by a
20 person who has legal capacity to represent an aggrieved
21 person or has a legal duty to report the offense, and is
22 not himself or herself a party to the offense; or in the
23 absence of such discovery, within one year after the proper

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1 prosecuting officer becomes aware of the offense. However,
2 in no such case is the period of limitation so extended
3 more than 3 years beyond the expiration of the period
4 otherwise applicable.
5 (b) A prosecution for any offense based upon misconduct in
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13 (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within 25 years one year of the victim
18attaining the age of 18 years. However, in no such case shall
19the time period for prosecution expire sooner than 3 years
20after the commission of the offense.
21 (c) (Blank).
22 (d) A prosecution for child pornography, aggravated child
23pornography, indecent solicitation of a child, soliciting for a
24juvenile prostitute, juvenile pimping, exploitation of a
25child, or promoting juvenile prostitution except for keeping a
26place of juvenile prostitution may be commenced within one year

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1of the victim attaining the age of 18 years. However, in no
2such case shall the time period for prosecution expire sooner
3than 3 years after the commission of the offense. When the
4victim is under 18 years of age, a prosecution for criminal
5sexual abuse may be commenced within one year of the victim
6attaining the age of 18 years. However, in no such case shall
7the time period for prosecution expire sooner than 3 years
8after the commission of the offense.
9 (e) Except as otherwise provided in subdivision (j), a
10prosecution for any offense involving sexual conduct or sexual
11penetration, as defined in Section 11-0.1 of this Code, where
12the defendant was within a professional or fiduciary
13relationship or a purported professional or fiduciary
14relationship with the victim at the time of the commission of
15the offense may be commenced within one year after the
16discovery of the offense by the victim.
17 (f) A prosecution for any offense set forth in Section 44
18of the "Environmental Protection Act", approved June 29, 1970,
19as amended, may be commenced within 5 years after the discovery
20of such an offense by a person or agency having the legal duty
21to report the offense or in the absence of such discovery,
22within 5 years after the proper prosecuting officer becomes
23aware of the offense.
24 (f-5) A prosecution for any offense set forth in Section
2516-30 of this Code may be commenced within 5 years after the
26discovery of the offense by the victim of that offense.

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1 (g) (Blank).
2 (h) (Blank).
3 (i) Except as otherwise provided in subdivision (j), a
4prosecution for criminal sexual assault, aggravated criminal
5sexual assault, or aggravated criminal sexual abuse may be
6commenced within 10 years of the commission of the offense if
7the victim reported the offense to law enforcement authorities
8within 3 years after the commission of the offense.
9 Nothing in this subdivision (i) shall be construed to
10shorten a period within which a prosecution must be commenced
11under any other provision of this Section.
12 (i-5) A prosecution for armed robbery, home invasion,
13kidnapping, or aggravated kidnaping may be commenced within 10
14years of the commission of the offense if it arises out of the
15same course of conduct and meets the criteria under one of the
16offenses in subsection (i) of this Section.
17 (j) (1) When the victim is under 18 years of age at the
18time of the offense, a prosecution for criminal sexual assault,
19aggravated criminal sexual assault, predatory criminal sexual
20assault of a child, aggravated criminal sexual abuse, or felony
21criminal sexual abuse may be commenced at any time when
22corroborating physical evidence is available or an individual
23who is required to report an alleged or suspected commission of
24any of these offenses under the Abused and Neglected Child
25Reporting Act fails to do so.
26 (2) In circumstances other than as described in paragraph

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1(1) of this subsection (j), when the victim is under 18 years
2of age at the time of the offense, a prosecution for criminal
3sexual assault, aggravated criminal sexual assault, predatory
4criminal sexual assault of a child, aggravated criminal sexual
5abuse, or felony criminal sexual abuse, or a prosecution for
6failure of a person who is required to report an alleged or
7suspected commission of any of these offenses under the Abused
8and Neglected Child Reporting Act may be commenced within 20
9years after the child victim attains 18 years of age.
10 (3) When the victim is under 18 years of age at the time of
11the offense, a prosecution for misdemeanor criminal sexual
12abuse may be commenced within 10 years after the child victim
13attains 18 years of age.
14 (4) Nothing in this subdivision (j) shall be construed to
15shorten a period within which a prosecution must be commenced
16under any other provision of this Section.
17 (j-5) A prosecution for armed robbery, home invasion,
18kidnapping, or aggravated kidnaping may be commenced at any
19time if it arises out of the same course of conduct and meets
20the criteria under one of the offenses in subsection (j) of
21this Section.
22 (k) (Blank).
23 (l) A prosecution for any offense set forth in Section 26-4
24of this Code may be commenced within one year after the
25discovery of the offense by the victim of that offense.
26(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,

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1eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
2 (720 ILCS 5/10-9)
3 Sec. 10-9. Trafficking in persons, involuntary servitude,
4and related offenses.
5 (a) Definitions. In this Section:
6 (1) "Intimidation" has the meaning prescribed in
7 Section 12-6.
8 (2) "Commercial sexual activity" means any sex act on
9 account of which anything of value is given, promised to,
10 or received by any person.
11 (3) "Financial harm" includes intimidation that brings
12 about financial loss, criminal usury, or employment
13 contracts that violate the Frauds Act.
14 (4) (Blank).
15 (5) "Labor" means work of economic or financial value.
16 (6) "Maintain" means, in relation to labor or services,
17 to secure continued performance thereof, regardless of any
18 initial agreement on the part of the victim to perform that
19 type of service.
20 (7) "Obtain" means, in relation to labor or services,
21 to secure performance thereof.
22 (7.5) "Serious harm" means any harm, whether physical
23 or nonphysical, including psychological, financial, or
24 reputational harm, that is sufficiently serious, under all
25 the surrounding circumstances, to compel a reasonable

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1 person of the same background and in the same circumstances
2 to perform or to continue performing labor or services in
3 order to avoid incurring that harm.
4 (8) "Services" means activities resulting from a
5 relationship between a person and the actor in which the
6 person performs activities under the supervision of or for
7 the benefit of the actor. Commercial sexual activity and
8 sexually-explicit performances are forms of activities
9 that are "services" under this Section. Nothing in this
10 definition may be construed to legitimize or legalize
11 prostitution.
12 (9) "Sexually-explicit performance" means a live,
13 recorded, broadcast (including over the Internet), or
14 public act or show intended to arouse or satisfy the sexual
15 desires or appeal to the prurient interests of patrons.
16 (10) "Trafficking victim" means a person subjected to
17 the practices set forth in subsection (b), (c), or (d).
18 (b) Involuntary servitude. A person commits involuntary
19servitude when he or she knowingly subjects, attempts to
20subject, or engages in a conspiracy to subject another person
21to labor or services obtained or maintained through any of the
22following means, or any combination of these means:
23 (1) causes or threatens to cause physical harm to any
24 person;
25 (2) physically restrains or threatens to physically
26 restrain another person;

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1 (3) abuses or threatens to abuse the law or legal
2 process;
3 (4) knowingly destroys, conceals, removes,
4 confiscates, or possesses any actual or purported passport
5 or other immigration document, or any other actual or
6 purported government identification document, of another
7 person;
8 (5) uses intimidation, or exerts financial control
9 over any person; or
10 (6) uses any scheme, plan, or pattern intended to cause
11 the person to believe that, if the person did not perform
12 the labor or services, that person or another person would
13 suffer serious harm or physical restraint.
14 Sentence. Except as otherwise provided in subsection (e) or
15(f), a violation of subsection (b)(1) is a Class X felony,
16(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
17is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. If
18the victim of the offense is under 18 years of age at the time
19of the commission of the offense, the sentence shall be the
20same as the sentence for involuntary sexual servitude of a
21minor.
22 (c) Involuntary sexual servitude of a minor. A person
23commits involuntary sexual servitude of a minor when he or she
24knowingly recruits, entices, harbors, transports, provides, or
25obtains by any means, or attempts to recruit, entice, harbor,
26provide, or obtain by any means, another person under 18 years

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1of age, knowing that the minor will engage in commercial sexual
2activity, a sexually-explicit performance, or the production
3of pornography, or causes or attempts to cause a minor to
4engage in one or more of those activities and:
5 (1) there is no overt force or threat and the minor is
6 between the ages of 17 and 18 years;
7 (2) there is no overt force or threat and the minor is
8 under the age of 17 years; or
9 (3) there is overt force or threat.
10 Sentence. Involuntary sexual servitude of a minor is a
11Class X felony for which the person shall be sentenced to a
12minimum term of imprisonment of 25 years if the person under 18
13years of age who is the victim of the offense has engaged in
14commercial sexual activity, a sexually-explicit performance,
15or the production of pornography. Involuntary sexual servitude
16of a minor is a Class X felony for which the person shall be
17sentenced to a minimum term of imprisonment of 10 years if the
18person under 18 years of age is recruited, enticed, harbored,
19transported, provided, or obtained by any means, or if there
20was an attempt to recruit, entice, harbor, provide, or obtain
21by any means, another person under 18 years of age, knowing
22that the minor will engage in commercial sexual activity, a
23sexually-explicit performance, or the production of
24pornography, or causes or attempts to cause a minor to engage
25in one or more of those activities but the minor has not
26engaged in one or more of those activities. Except as otherwise

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1provided in subsection (e)or (f), a violation of subsection
2(c)(1) is a Class 1 felony, (c)(2) is a Class X felony, and
3(c)(3) is a Class X felony.
4 (d) Trafficking in persons. A person commits trafficking in
5persons when he or she knowingly: (1) recruits, entices,
6harbors, transports, provides, or obtains by any means, or
7attempts to recruit, entice, harbor, transport, provide, or
8obtain by any means, another person, intending or knowing that
9the person will be subjected to involuntary servitude; or (2)
10benefits, financially or by receiving anything of value, from
11participation in a venture that has engaged in an act of
12involuntary servitude or involuntary sexual servitude of a
13minor.
14 Sentence. Except as otherwise provided in this Section
15subsection (e) or (f), a violation of this subsection is a
16Class 1 felony. If the victim of the offense is under 18 years
17of age at the time of the commission of the offense, the
18sentence shall be the same as the sentence for involuntary
19sexual servitude of a minor.
20 (e) Aggravating factors. A violation of this Section
21involving kidnapping or an attempt to kidnap, aggravated
22criminal sexual assault or an attempt to commit aggravated
23criminal sexual assault, or an attempt to commit first degree
24murder is a Class X felony.
25 (f) Sentencing considerations.
26 (1) Bodily injury. If, pursuant to a violation of this

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1 Section, a victim suffered bodily injury, the defendant may
2 be sentenced to an extended-term sentence under Section
3 5-8-2 of the Unified Code of Corrections. The sentencing
4 court must take into account the time in which the victim
5 was held in servitude, with increased penalties for cases
6 in which the victim was held for between 180 days and one
7 year, and increased penalties for cases in which the victim
8 was held for more than one year.
9 (2) Number of victims. In determining sentences within
10 statutory maximums, the sentencing court should take into
11 account the number of victims, and may provide for
12 substantially increased sentences in cases involving more
13 than 10 victims.
14 (g) Restitution. Restitution is mandatory under this
15Section. In addition to any other amount of loss identified,
16the court shall order restitution including the greater of (1)
17the gross income or value to the defendant of the victim's
18labor or services or (2) the value of the victim's labor as
19guaranteed under the Minimum Wage Law and overtime provisions
20of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
21whichever is greater.
22 (g-5) Fine distribution. If the court imposes a fine under
23subsection (b), (c), or (d) of this Section, it shall be
24collected and distributed to the Specialized Services for
25Survivors of Human Trafficking Fund in accordance with Section
265-9-1.21 of the Unified Code of Corrections.

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1 (h) Trafficking victim services. Subject to the
2availability of funds, the Department of Human Services may
3provide or fund emergency services and assistance to
4individuals who are victims of one or more offenses defined in
5this Section.
6 (i) Certification. The Attorney General, a State's
7Attorney, or any law enforcement official shall certify in
8writing to the United States Department of Justice or other
9federal agency, such as the United States Department of
10Homeland Security, that an investigation or prosecution under
11this Section has begun and the individual who is a likely
12victim of a crime described in this Section is willing to
13cooperate or is cooperating with the investigation to enable
14the individual, if eligible under federal law, to qualify for
15an appropriate special immigrant visa and to access available
16federal benefits. Cooperation with law enforcement shall not be
17required of victims of a crime described in this Section who
18are under 18 years of age. This certification shall be made
19available to the victim and his or her designated legal
20representative.
21 (j) A person who commits involuntary servitude,
22involuntary sexual servitude of a minor, or trafficking in
23persons under subsection (b), (c), or (d) of this Section is
24subject to the property forfeiture provisions set forth in
25Article 124B of the Code of Criminal Procedure of 1963.
26(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;

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198-1013, eff. 1-1-15.)
2 Section 10. The Code of Civil Procedure is amended by
3changing Section 13-202.2 as follows:
4 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
5 Sec. 13-202.2. Childhood sexual abuse.
6 (a) In this Section:
7 "Childhood sexual abuse" means an act of sexual abuse that
8occurs when the person abused is under 18 years of age.
9"Childhood sexual abuse" includes an act committed against a
10victim under 18 years of age in violation of Section 10-9 of
11the Criminal Code of 2012
12 "Sexual abuse" includes but is not limited to sexual
13conduct and sexual penetration as defined in Section 11-0.1 of
14the Criminal Code of 2012.
15 (b) Notwithstanding any other provision of law, an action
16for damages for personal injury based on childhood sexual abuse
17may must be commenced at any time within 20 years of the date
18the limitation period begins to run under subsection (d) or
19within 20 years of the date the person abused discovers or
20through the use of reasonable diligence should discover both
21(i) that the act of childhood sexual abuse occurred and (ii)
22that the injury was caused by the childhood sexual abuse. The
23fact that the person abused discovers or through the use of
24reasonable diligence should discover that the act of childhood

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1sexual abuse occurred is not, by itself, sufficient to start
2the discovery period under this subsection (b). Knowledge of
3the abuse does not constitute discovery of the injury or the
4causal relationship between any later-discovered injury and
5the abuse.
6 (c) (Blank). If the injury is caused by 2 or more acts of
7childhood sexual abuse that are part of a continuing series of
8acts of childhood sexual abuse by the same abuser, then the
9discovery period under subsection (b) shall be computed from
10the date the person abused discovers or through the use of
11reasonable diligence should discover both (i) that the last act
12of childhood sexual abuse in the continuing series occurred and
13(ii) that the injury was caused by any act of childhood sexual
14abuse in the continuing series. The fact that the person abused
15discovers or through the use of reasonable diligence should
16discover that the last act of childhood sexual abuse in the
17continuing series occurred is not, by itself, sufficient to
18start the discovery period under subsection (b). Knowledge of
19the abuse does not constitute discovery of the injury or the
20causal relationship between any later-discovered injury and
21the abuse.
22 (d) (Blank). The limitation periods under subsection (b) do
23not begin to run before the person abused attains the age of 18
24years; and, if at the time the person abused attains the age of
2518 years he or she is under other legal disability, the
26limitation periods under subsection (b) do not begin to run

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1until the removal of the disability.
2 (d-1) (Blank). The limitation periods in subsection (b) do
3not run during a time period when the person abused is subject
4to threats, intimidation, manipulation, or fraud perpetrated
5by the abuser or by any person acting in the interest of the
6abuser.
7 (e) (Blank). This Section applies to actions pending on the
8effective date of this amendatory Act of 1990 as well as to
9actions commenced on or after that date. The changes made by
10this amendatory Act of 1993 shall apply only to actions
11commenced on or after the effective date of this amendatory Act
12of 1993. The changes made by this amendatory Act of the 93rd
13General Assembly apply to actions pending on the effective date
14of this amendatory Act of the 93rd General Assembly as well as
15actions commenced on or after that date. The changes made by
16this amendatory Act of the 96th General Assembly apply to
17actions commenced on or after the effective date of this
18amendatory Act of the 96th General Assembly if the action would
19not have been time barred under any statute of limitations or
20statute of repose prior to the effective date of this
21amendatory Act of the 96th General Assembly.
22 (f) (Blank). Notwithstanding any other provision of law, an
23action for damages based on childhood sexual abuse may be
24commenced at any time; provided, however, that the changes made
25by this amendatory Act of the 98th General Assembly apply to
26actions commenced on or after the effective date of this

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1amendatory Act of the 98th General Assembly if the action would
2not have been time barred under any statute of limitations or
3statute of repose prior to the effective date of this
4amendatory Act of the 98th General Assembly.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-276, eff. 1-1-14.)

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1 INDEX
2 Statutes amended in order of appearance