Bill Text: IL HB5482 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Provides that all promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into between a person who is convicted of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services and a victim of the offense where the whole or any part of the consideration is for any money or thing of value obtained or derived from a violation of these provisions are null and void. Provides that a person who is a victim of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services may initiate a civil action to recover the property obtained by the person who committed the offense. Provides that the victim may initiate a civil action to obtain monetary damages based on the value of the property obtained by the person who committed the offense. Provides that the court or the jury, as the case may be, shall determine the amount of that property. Provides that after that determination, the court shall enter a judgment of triple the amount so determined. Provides that if the victim is a minor, the action may be initiated in the name of the minor by the State's Attorney of the county where the violation occurred.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB5482 Detail]

Download: Illinois-2011-HB5482-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5482 Introduced , by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED:
720 ILCS 5/10-9
Amends the Criminal Code of 1961. Provides that all promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into between a person who is convicted of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services and a victim of the offense where the whole or any part of the consideration is for any money or thing of value obtained or derived from a violation of these provisions are null and void. Provides that a person who is a victim of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services may initiate a civil action to recover the property obtained by the person who committed the offense. Provides that the victim may initiate a civil action to obtain monetary damages based on the value of the property obtained by the person who committed the offense. Provides that the court or the jury, as the case may be, shall determine the amount of that property. Provides that after that determination, the court shall enter a judgment of triple the amount so determined. Provides that if the victim is a minor, the action may be initiated in the name of the minor by the State's Attorney of the county where the violation occurred.
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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 1961 is amended by adding
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.
(3) "Financial harm" includes intimidation that brings
about financial loss, criminal usury, or employment
contracts that violate the Frauds Act.
(4) "Forced labor or services" means labor or services
that are performed or provided by another person and are
obtained or maintained through:
(A) any scheme, plan, or pattern intending to cause
or threatening to cause serious harm to any person;
(B) an actor's physically restraining or

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threatening to physically restrain another person;
(C) an actor's abusing or threatening to abuse the
law or legal process;
(D) an actor's knowingly destroying, concealing,
removing, confiscating, or possessing any actual or
purported passport or other immigration document, or
any other actual or purported government
identification document, of another person;
(E) an actor's blackmail; or
(F) an actor's causing or threatening to cause
financial harm to or exerting financial control over
any person.
(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.
(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

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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 the offense of
involuntary servitude when he or she knowingly subjects,
attempts to subject, or engages in a conspiracy to subject
another person to forced labor or services and:
(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; or
(5) uses intimidation, or uses or threatens to cause
financial harm to or exerts financial control over any
person.
Sentence. Except as otherwise provided in subsection (e) or

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(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, and (b)(5) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits the offense of 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 for forced labor or services. A
person commits the offense of trafficking in persons for forced
labor or services when he or she knowingly: (1) recruits,
entices, harbors, transports, provides, or obtains by any
means, or attempts to recruit, entice, harbor, transport,

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provide, or obtain by any means, another person, intending or
knowing that the person will be subjected to forced labor or
services; 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 subsection (e) or
(f), a violation of this subsection is a Class 1 felony.
(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

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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.
(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

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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 the offense of involuntary
servitude, involuntary sexual servitude of a minor, or
trafficking in persons for forced labor or services 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.
(k) (1) All promises, notes, bills, bonds, covenants,
contracts, agreements, judgments, mortgages, or other
securities or conveyances made, given, granted, drawn, or
entered into between a person who is convicted of violating
this Section and a victim of an offense described in subsection
(b), (c), or (d) of this Section where the whole or any part of
the consideration is for any money or thing of value obtained
or derived from a violation of subsection (b), (c), or (d) of
this Section are null and void.
(2) An obligation void under this subsection (k) may be set
aside and vacated by a court of competent jurisdiction, upon a
complaint filed for that purpose, by the person so granting,
giving, entering into, or executing the obligation, or by his
or her executors or administrators, or by any creditor, heir,
legatee, purchaser, or other person interested in the
obligation; or if a judgment, the judgment may be set aside on

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motion of any person stated in this paragraph (2), on due
notice given to the parties interested in the obligation.
(3) No assignment of any obligation void under this
subsection (k) may in any manner affect the defense of the
person giving, granting, drawing, entering into, or executing
the obligation, or the remedies of any person interested in the
obligation.
(4) A person who is a victim of a violation of subsection
(b), (c), or (d) of this Section may initiate a civil action to
recover the property obtained by the person who violated
subsection (b), (c), or (d) of this Section. The victim may
initiate a civil action to obtain monetary damages based on the
value of the property obtained by the person who violated
subsection (b), (c), or (d) of this Section. The court or the
jury, as the case may be, shall determine the amount of that
property. After that determination, the court shall enter a
judgment of triple the amount so determined. If the victim is a
minor, the action may be initiated in the name of the minor by
the State's Attorney of the county where the violation
occurred.
(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
1-1-10; 96-1000, eff. 7-2-10.)