Bill Text: IL HB5106 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5106 Detail]

Download: Illinois-2023-HB5106-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5106 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
720 ILCS 5/10-9
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.
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A BILL FOR
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AN ACT concerning criminal law.
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 Section 10-9 as follows:
(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

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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

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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.

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Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of subsection (b)(1) is a Class X felony
for which a person shall be sentenced to a term of imprisonment
of not less than 12 years and not more than 60 years, (b)(2) is
a Class 1 felony for which a person shall be sentenced to a
term of imprisonment of not less than 8 years and not more than
30 years, (b)(3) is a Class 2 felony for which a person shall
be sentenced to a term of imprisonment of not less than 6 years
and not more than 14 years, (b)(4) is a Class 3 felony for
which a person shall be sentenced to a term of imprisonment of
not less 4 years and not more than 10 years, (b)(5) and (b)(6)
is a Class 4 felony for which a person shall be sentenced to a
term of imprisonment of not less than 2 years and not more than
8 years.
(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

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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
for which a person shall be sentenced to a term of imprisonment
of not less than 8 years and not more than 30 years, (c)(2) is
a Class X felony for which a person shall be sentenced to a
term of imprisonment of not less than 12 years and not more
than 60 years, and (c)(3) is a Class X felony for which a
person shall be sentenced to a term of imprisonment of not less
than 12 years and not more than 60 years.
(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)

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or (f), a violation of this subsection by a person is a Class 1
felony for which a person shall be sentenced to a term of
imprisonment of not less than 8 years and not more than 30
years. 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 for which a person shall be
sentenced to a term of imprisonment of not less than 20 years
and not more than 60 years.
(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

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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

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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. 101-18, eff. 1-1-20.)