Bill Text: IL SB1890 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the bill as amended by House Amendment No. 1.Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Provides that 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. Provides that the Department shall develop and publish the human trafficking recognition training program by July 1, 2020. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police 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", "involuntary sexual servitude of a minor", and "trafficking in persons" and that the program shall be made available to all cadets and state police officers. In the amendatory changes to the Illinois Police Training Act, provides that the curriculum of police training schools shall include training in the detection and investigation of all forms of human trafficking. In the amendatory changes to the Criminal Code of 2012, provides that a company is criminally liable for 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. Makes other changes. Some provisions effective immediately.
Spectrum: Partisan Bill (Democrat 39-1)
Status: (Passed) 2019-06-20 - Public Act . . . . . . . . . 101-0018 [SB1890 Detail]
Download: Illinois-2019-SB1890-Enrolled.html
Bill Title: Reinserts the provisions of the bill as amended by House Amendment No. 1.Creates the Lodging Establishment Human Trafficking Recognition Training Act. Requires hotels and motels to train employees in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. Provides that the Department of Labor shall develop the curriculum for the training. Provides that 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. Provides that the Department shall develop and publish the human trafficking recognition training program by July 1, 2020. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Director of State Police 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", "involuntary sexual servitude of a minor", and "trafficking in persons" and that the program shall be made available to all cadets and state police officers. In the amendatory changes to the Illinois Police Training Act, provides that the curriculum of police training schools shall include training in the detection and investigation of all forms of human trafficking. In the amendatory changes to the Criminal Code of 2012, provides that a company is criminally liable for 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. Makes other changes. Some provisions effective immediately.
Spectrum: Partisan Bill (Democrat 39-1)
Status: (Passed) 2019-06-20 - Public Act . . . . . . . . . 101-0018 [SB1890 Detail]
Download: Illinois-2019-SB1890-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Lodging Services Human Trafficking Recognition Training Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Department" means the Department of Human Services. | ||||||
8 | "Employee" means a person employed by a lodging | ||||||
9 | establishment who has recurring interactions with the public, | ||||||
10 | including, but not limited to, an employee who works in a | ||||||
11 | reception area, performs housekeeping duties, helps customers | ||||||
12 | in moving their possessions, or transports by vehicle customers | ||||||
13 | of the lodging establishment. | ||||||
14 | "Human trafficking" means the deprivation or violation of | ||||||
15 | the personal liberty of another with the intent to obtain | ||||||
16 | forced labor or services, procure or sell the individual for | ||||||
17 | commercial sex, or exploit the individual in obscene matter. | ||||||
18 | Depriving or violating a person's liberty includes substantial | ||||||
19 | and sustained restriction of another's liberty accomplished | ||||||
20 | through fraud, deceit, coercion, violence, duress, menace, or | ||||||
21 | threat of unlawful injury to the victim or to another person, | ||||||
22 | under circumstances where the person receiving or apprehending | ||||||
23 | the threat reasonably believes that it is likely that the |
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1 | person making the threat would carry it out.
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2 | "Lodging establishment" means an establishment classified | ||||||
3 | as a hotel or motel in the 2017 North American Industry | ||||||
4 | Classification System under code 721110, and an establishment | ||||||
5 | classified as a casino hotel in the 2017 North American | ||||||
6 | Industry Classification System under code 721120.
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7 | Section 10. Human trafficking recognition training. | ||||||
8 | Beginning June 1, 2020, a lodging establishment shall provide | ||||||
9 | its employees with training in the recognition of human | ||||||
10 | trafficking and protocols for reporting observed human | ||||||
11 | trafficking to the appropriate authority. The employees must | ||||||
12 | complete the training within 6 months after beginning | ||||||
13 | employment in such role with the lodging establishment and | ||||||
14 | every 2 years thereafter, if still employed by the lodging | ||||||
15 | establishment. The training shall be at least 20 minutes in | ||||||
16 | duration.
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17 | Section 15. Human trafficking recognition training | ||||||
18 | curriculum. | ||||||
19 | (a) A lodging establishment may use its own human | ||||||
20 | trafficking training program or that of a third party and be in | ||||||
21 | full compliance with this Act if the human trafficking training | ||||||
22 | program includes, at a minimum, all of the following: | ||||||
23 | (1) a definition of human trafficking and commercial | ||||||
24 | exploitation of children; |
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1 | (2) guidance on how to identify individuals who are | ||||||
2 | most at risk for human trafficking; | ||||||
3 | (3) the difference between human trafficking for | ||||||
4 | purposes of labor and for purposes of sex as the | ||||||
5 | trafficking relates to lodging establishments; and | ||||||
6 | (4) guidance on the role of lodging establishment | ||||||
7 | employees in reporting and responding to instances of human | ||||||
8 | trafficking. | ||||||
9 | (b) The Department shall develop a curriculum for an | ||||||
10 | approved human trafficking training recognition program which | ||||||
11 | shall be used by a lodging establishment that does not | ||||||
12 | administer its own human trafficking recognition program as | ||||||
13 | described in subsection (a). The human trafficking training | ||||||
14 | recognition program developed by the Department shall include, | ||||||
15 | at a minimum, all of the following: | ||||||
16 | (1) a definition of human trafficking and commercial | ||||||
17 | exploitation of children; | ||||||
18 | (2) guidance on how to identify individuals who are | ||||||
19 | most at risk for human trafficking; | ||||||
20 | (3) the difference between human trafficking for | ||||||
21 | purposes of labor and for purposes of sex as the | ||||||
22 | trafficking relates to lodging establishments; and | ||||||
23 | (4) guidance on the role of lodging establishment | ||||||
24 | employees in reporting and responding to instances of human | ||||||
25 | trafficking. | ||||||
26 | The Department may consult the United States Department of |
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1 | Justice for the human trafficking recognition training program | ||||||
2 | developed under this subsection. | ||||||
3 | The Department shall develop and publish the human | ||||||
4 | trafficking recognition training program described in this | ||||||
5 | subsection no later than July 1, 2020.
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6 | Section 100. The Department of State Police Law of the
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7 | Civil Administrative Code of Illinois is amended by adding | ||||||
8 | Section 2605-99 as follows:
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9 | (20 ILCS 2605/2605-99 new) | ||||||
10 | Sec. 2605-99. Training; human trafficking. The Director | ||||||
11 | shall conduct or approve a training program in the detection | ||||||
12 | and investigation of all forms of human trafficking, including, | ||||||
13 | but not limited to "involuntary servitude" under subsection (b) | ||||||
14 | of Section 10-9 of the Criminal Code of 2012, "involuntary | ||||||
15 | sexual servitude of a minor" under subsection (c) of Section | ||||||
16 | 10-9 of the Criminal Code of 2012, and "trafficking in persons" | ||||||
17 | under subsection (d) of Section 10-9 of the Criminal Code of | ||||||
18 | 2012. This program shall be made available to all cadets and | ||||||
19 | state police officers.
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20 | Section 105. The Illinois Police Training Act is amended by | ||||||
21 | changing Section 7 and by adding Section 10.23 as follows:
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22 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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1 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
2 | adopt rules and
minimum standards for such schools which shall | ||||||
3 | include, but not be limited to,
the following:
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4 | a. The curriculum for probationary police officers | ||||||
5 | which shall be
offered by all certified schools shall | ||||||
6 | include, but not be limited to,
courses of procedural | ||||||
7 | justice, arrest and use and control tactics, search and | ||||||
8 | seizure, including temporary questioning, civil rights, | ||||||
9 | human rights, human relations,
cultural competency, | ||||||
10 | including implicit bias and racial and ethnic sensitivity,
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11 | criminal law, law of criminal procedure, constitutional | ||||||
12 | and proper use of law enforcement authority, vehicle and | ||||||
13 | traffic law including
uniform and non-discriminatory | ||||||
14 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
15 | and accident investigation, techniques of obtaining
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16 | physical evidence, court testimonies, statements, reports, | ||||||
17 | firearms
training, training in the use of electronic | ||||||
18 | control devices, including the psychological and | ||||||
19 | physiological effects of the use of those devices on | ||||||
20 | humans, first-aid (including cardiopulmonary | ||||||
21 | resuscitation), training in the administration of opioid | ||||||
22 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
23 | of Section 5-23 of the Substance Use Disorder Act, handling | ||||||
24 | of
juvenile offenders, recognition of
mental conditions | ||||||
25 | and crises, including, but not limited to, the disease of | ||||||
26 | addiction, which require immediate assistance and response |
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1 | and methods to
safeguard and provide assistance to a person | ||||||
2 | in need of mental
treatment, recognition of abuse, neglect, | ||||||
3 | financial exploitation, and self-neglect of adults with | ||||||
4 | disabilities and older adults, as defined in Section 2 of | ||||||
5 | the Adult Protective Services Act, crimes against the | ||||||
6 | elderly, law of evidence, the hazards of high-speed police | ||||||
7 | vehicle
chases with an emphasis on alternatives to the | ||||||
8 | high-speed chase, and
physical training. The curriculum | ||||||
9 | shall include specific training in
techniques for | ||||||
10 | immediate response to and investigation of cases of | ||||||
11 | domestic
violence and of sexual assault of adults and | ||||||
12 | children, including cultural perceptions and common myths | ||||||
13 | of sexual assault and sexual abuse as well as interview | ||||||
14 | techniques that are age sensitive and are trauma informed, | ||||||
15 | victim centered, and victim sensitive. The curriculum | ||||||
16 | shall include
training in techniques designed to promote | ||||||
17 | effective
communication at the initial contact with crime | ||||||
18 | victims and ways to comprehensively
explain to victims and | ||||||
19 | witnesses their rights under the Rights
of Crime Victims | ||||||
20 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
21 | The curriculum shall also include training in effective | ||||||
22 | recognition of and responses to stress, trauma, and | ||||||
23 | post-traumatic stress experienced by police officers. The | ||||||
24 | curriculum shall also include a block of instruction aimed | ||||||
25 | at identifying and interacting with persons with autism and | ||||||
26 | other developmental or physical disabilities, reducing |
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1 | barriers to reporting crimes against persons with autism, | ||||||
2 | and addressing the unique challenges presented by cases | ||||||
3 | involving victims or witnesses with autism and other | ||||||
4 | developmental disabilities. The curriculum shall include | ||||||
5 | training in the detection and investigation of all forms of | ||||||
6 | human trafficking. The curriculum for
permanent police | ||||||
7 | officers shall include, but not be limited to: (1) | ||||||
8 | refresher
and in-service training in any of the courses | ||||||
9 | listed above in this
subparagraph, (2) advanced courses in | ||||||
10 | any of the subjects listed above in
this subparagraph, (3) | ||||||
11 | training for supervisory personnel, and (4)
specialized | ||||||
12 | training in subjects and fields to be selected by the | ||||||
13 | board. The training in the use of electronic control | ||||||
14 | devices shall be conducted for probationary police | ||||||
15 | officers, including University police officers.
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16 | b. Minimum courses of study, attendance requirements | ||||||
17 | and equipment
requirements.
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18 | c. Minimum requirements for instructors.
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19 | d. Minimum basic training requirements, which a | ||||||
20 | probationary police
officer must satisfactorily complete | ||||||
21 | before being eligible for permanent
employment as a local | ||||||
22 | law enforcement officer for a participating local
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23 | governmental agency. Those requirements shall include | ||||||
24 | training in first aid
(including cardiopulmonary | ||||||
25 | resuscitation).
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26 | e. Minimum basic training requirements, which a |
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1 | probationary county
corrections officer must | ||||||
2 | satisfactorily complete before being eligible for
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3 | permanent employment as a county corrections officer for a | ||||||
4 | participating
local governmental agency.
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5 | f. Minimum basic training requirements which a | ||||||
6 | probationary court
security officer must satisfactorily | ||||||
7 | complete before being eligible for
permanent employment as | ||||||
8 | a court security officer for a participating local
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9 | governmental agency. The Board shall
establish those | ||||||
10 | training requirements which it considers appropriate for | ||||||
11 | court
security officers and shall certify schools to | ||||||
12 | conduct that training.
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13 | A person hired to serve as a court security officer | ||||||
14 | must obtain from the
Board a certificate (i) attesting to | ||||||
15 | his or her successful completion of the
training course; | ||||||
16 | (ii) attesting to his or her satisfactory
completion of a | ||||||
17 | training program of similar content and number of hours | ||||||
18 | that
has been found acceptable by the Board under the | ||||||
19 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
20 | determination that the training
course is unnecessary | ||||||
21 | because of the person's extensive prior law enforcement
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22 | experience.
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23 | Individuals who currently serve as court security | ||||||
24 | officers shall be deemed
qualified to continue to serve in | ||||||
25 | that capacity so long as they are certified
as provided by | ||||||
26 | this Act within 24 months of June 1, 1997 (the effective |
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1 | date of Public Act 89-685). Failure to be so certified, | ||||||
2 | absent a waiver from the
Board, shall cause the officer to | ||||||
3 | forfeit his or her position.
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4 | All individuals hired as court security officers on or | ||||||
5 | after June 1, 1997 (the effective
date of Public Act | ||||||
6 | 89-685) shall be certified within 12 months of the
date of | ||||||
7 | their hire, unless a waiver has been obtained by the Board, | ||||||
8 | or they
shall forfeit their positions.
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9 | The Sheriff's Merit Commission, if one exists, or the | ||||||
10 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
11 | shall maintain a list of all
individuals who have filed | ||||||
12 | applications to become court security officers and
who meet | ||||||
13 | the eligibility requirements established under this Act. | ||||||
14 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
15 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
16 | establish a schedule of reasonable intervals for
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17 | verification of the applicants' qualifications under
this | ||||||
18 | Act and as established by the Board.
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19 | g. Minimum in-service training requirements, which a | ||||||
20 | police officer must satisfactorily complete every 3 years. | ||||||
21 | Those requirements shall include constitutional and proper | ||||||
22 | use of law enforcement authority, procedural justice, | ||||||
23 | civil rights, human rights, mental health awareness and | ||||||
24 | response, and cultural competency. | ||||||
25 | h. Minimum in-service training requirements, which a | ||||||
26 | police officer must satisfactorily complete at least |
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1 | annually. Those requirements shall include law updates and | ||||||
2 | use of force training which shall include scenario based | ||||||
3 | training, or similar training approved by the Board. | ||||||
4 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
5 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
6 | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | ||||||
7 | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
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8 | (50 ILCS 705/10.23 new) | ||||||
9 | Sec. 10.23. Training; human trafficking. The Board shall | ||||||
10 | conduct or approve an in-service training program in the | ||||||
11 | detection and investigation of all forms of human trafficking, | ||||||
12 | including, but not limited to, "involuntary servitude" under | ||||||
13 | subsection (b) of Section 10-9 of the Criminal Code of 2012, | ||||||
14 | "involuntary sexual servitude of a minor" under subsection (c) | ||||||
15 | of Section 10-9 of the Criminal Code of 2012, and "trafficking | ||||||
16 | in persons" under subsection (d) of Section 10-9 of the | ||||||
17 | Criminal Code of 2012. This program shall be made available to | ||||||
18 | all certified law enforcement, correctional, and court | ||||||
19 | security officers.
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20 | Section 110. The Criminal Code of 2012 is amended by | ||||||
21 | changing Sections 3-6 and 10-9 as follows:
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22 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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23 | Sec. 3-6. Extended limitations. The period within which a |
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1 | prosecution
must be commenced under the provisions of Section | ||||||
2 | 3-5 or other applicable
statute is extended under the following | ||||||
3 | conditions:
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4 | (a) A prosecution for theft involving a breach of a | ||||||
5 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
6 | as follows:
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7 | (1) If the aggrieved person is a minor or a person | ||||||
8 | under legal disability,
then during the minority or legal | ||||||
9 | disability or within one year after the
termination | ||||||
10 | thereof.
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11 | (2) In any other instance, within one year after the | ||||||
12 | discovery of the
offense by an aggrieved person, or by a | ||||||
13 | person who has legal capacity to
represent an aggrieved | ||||||
14 | person or has a legal duty to report the offense,
and is | ||||||
15 | not himself or herself a party to the offense; or in the | ||||||
16 | absence of such
discovery, within one year after the proper | ||||||
17 | prosecuting officer becomes
aware of the offense. However, | ||||||
18 | in no such case is the period of limitation
so extended | ||||||
19 | more than 3 years beyond the expiration of the period | ||||||
20 | otherwise
applicable.
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21 | (b) A prosecution for any offense based upon misconduct in | ||||||
22 | office by a
public officer or employee may be commenced within | ||||||
23 | one year after discovery
of the offense by a person having a | ||||||
24 | legal duty to report such offense, or
in the absence of such | ||||||
25 | discovery, within one year after the proper
prosecuting officer | ||||||
26 | becomes aware of the offense. However, in no such case
is the |
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1 | period of limitation so extended more than 3 years beyond the
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2 | expiration of the period otherwise applicable.
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3 | (b-5) When the victim is under 18 years of age at the time | ||||||
4 | of the offense, a prosecution for involuntary servitude, | ||||||
5 | involuntary sexual servitude of a minor, or trafficking in | ||||||
6 | persons and related offenses under Section 10-9 of this Code | ||||||
7 | may be commenced within 25 years of the victim attaining the | ||||||
8 | age of 18 years. | ||||||
9 | (b-6) When the victim is 18 years of age or over at the | ||||||
10 | time of the offense, a prosecution for involuntary servitude, | ||||||
11 | involuntary sexual servitude of a minor, or trafficking in | ||||||
12 | persons and related offenses under Section 10-9 of this Code | ||||||
13 | may be commenced within 25 years after the commission of the | ||||||
14 | offense. | ||||||
15 | (c) (Blank).
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16 | (d) A prosecution for child pornography, aggravated child | ||||||
17 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
18 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
19 | child, or promoting juvenile prostitution except for keeping a | ||||||
20 | place of juvenile prostitution may be commenced within one year | ||||||
21 | of the victim
attaining the age of 18 years. However, in no | ||||||
22 | such case shall the time
period for prosecution expire sooner | ||||||
23 | than 3 years after the commission of
the offense.
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24 | (e) Except as otherwise provided in subdivision (j), a | ||||||
25 | prosecution for
any offense involving sexual conduct or sexual
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26 | penetration, as defined in Section 11-0.1 of this Code, where |
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1 | the defendant
was within a professional or fiduciary | ||||||
2 | relationship or a purported
professional or fiduciary | ||||||
3 | relationship with the victim at the
time of the commission of | ||||||
4 | the offense may be commenced within one year
after the | ||||||
5 | discovery of the offense by the victim.
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6 | (f) A prosecution for any offense set forth in Section 44
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7 | of the Environmental Protection Act
may be commenced within 5 | ||||||
8 | years after the discovery of such
an offense by a person or | ||||||
9 | agency having the legal duty to report the
offense or in the | ||||||
10 | absence of such discovery, within 5 years
after the proper | ||||||
11 | prosecuting officer becomes aware of the offense.
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12 | (f-5) A prosecution for any offense set forth in Section | ||||||
13 | 16-30 of this Code may be commenced within 5 years after the | ||||||
14 | discovery of the offense by the victim of that offense.
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15 | (g) (Blank).
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16 | (h) (Blank).
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17 | (i) Except as otherwise provided in subdivision (j), a | ||||||
18 | prosecution for
criminal sexual assault, aggravated criminal
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19 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
20 | commenced within 10
years of the commission of the offense if | ||||||
21 | the victim reported the offense to
law enforcement authorities | ||||||
22 | within 3 years after the commission of the offense. If the | ||||||
23 | victim consented to the collection of evidence using an | ||||||
24 | Illinois State Police Sexual Assault Evidence Collection Kit | ||||||
25 | under the Sexual Assault Survivors Emergency Treatment Act, it | ||||||
26 | shall constitute reporting for purposes of this Section.
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1 | Nothing in this subdivision (i) shall be construed to
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2 | shorten a period within which a prosecution must be commenced | ||||||
3 | under any other
provision of this Section.
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4 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
5 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
6 | years of the commission of the offense if it arises out of the | ||||||
7 | same course of conduct and meets the criteria under one of the | ||||||
8 | offenses in subsection (i) of this Section. | ||||||
9 | (j) (1) When the victim is under 18 years of age at the | ||||||
10 | time of the offense, a
prosecution
for criminal sexual assault, | ||||||
11 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
12 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
13 | criminal sexual abuse may be commenced at any time. | ||||||
14 | (2) When the victim is under 18 years of age at the time of | ||||||
15 | the offense, a prosecution for failure of a person who is | ||||||
16 | required to report an alleged
or suspected commission of | ||||||
17 | criminal sexual assault, aggravated criminal sexual assault, | ||||||
18 | predatory criminal sexual assault of a child, aggravated | ||||||
19 | criminal sexual abuse, or felony criminal sexual abuse under | ||||||
20 | the Abused and Neglected
Child Reporting Act may be
commenced | ||||||
21 | within 20 years after the child victim attains 18
years of age. | ||||||
22 | (3) When the victim is under 18 years of age at the time of | ||||||
23 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
24 | abuse may be
commenced within 10 years after the child victim | ||||||
25 | attains 18
years of age.
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26 | (4) Nothing in this subdivision (j) shall be construed to
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1 | shorten a period within which a prosecution must be commenced | ||||||
2 | under any other
provision of this Section.
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3 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
4 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
5 | time if it arises out of the same course of conduct and meets | ||||||
6 | the criteria under one of the offenses in subsection (j) of | ||||||
7 | this Section. | ||||||
8 | (k) (Blank).
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9 | (l) A prosecution for any offense set forth in Section 26-4 | ||||||
10 | of this Code may be commenced within one year after the | ||||||
11 | discovery of the offense by the victim of that offense. | ||||||
12 | (l-5) A prosecution for any offense involving sexual | ||||||
13 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
14 | this Code, in which the victim was 18 years of age or older at | ||||||
15 | the time of the offense, may be commenced within one year after | ||||||
16 | the discovery of the offense by the victim when corroborating | ||||||
17 | physical evidence is available. The charging document shall | ||||||
18 | state that the statute of limitations is extended under this | ||||||
19 | subsection (l-5) and shall state the circumstances justifying | ||||||
20 | the extension.
Nothing in this subsection (l-5) shall be | ||||||
21 | construed to shorten a period within which a prosecution must | ||||||
22 | be commenced under any other provision of this Section or | ||||||
23 | Section 3-5 of this Code. | ||||||
24 | (m) The prosecution shall not be required to prove at trial | ||||||
25 | facts which extend the general limitations in Section 3-5 of | ||||||
26 | this Code when the facts supporting extension of the period of |
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| |||||||
1 | general limitations are properly pled in the charging document. | ||||||
2 | Any challenge relating to the extension of the general | ||||||
3 | limitations period as defined in this Section shall be | ||||||
4 | exclusively conducted under Section 114-1 of the Code of | ||||||
5 | Criminal Procedure of 1963. | ||||||
6 | (n) A prosecution for any offense set forth in subsection | ||||||
7 | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||||||
8 | Illinois Public Aid Code, in which the total amount of money | ||||||
9 | involved is $5,000 or more, including the monetary value of | ||||||
10 | food stamps and the value of commodities under Section 16-1 of | ||||||
11 | this Code may be commenced within 5 years of the last act | ||||||
12 | committed in furtherance of the offense. | ||||||
13 | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | ||||||
14 | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | ||||||
15 | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, | ||||||
16 | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
| ||||||
17 | (720 ILCS 5/10-9) | ||||||
18 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
19 | and related offenses. | ||||||
20 | (a) Definitions. In this Section: | ||||||
21 | (1) "Intimidation" has the meaning prescribed in | ||||||
22 | Section 12-6. | ||||||
23 | (2) "Commercial sexual activity" means any sex act on | ||||||
24 | account of which anything of value is given, promised to, | ||||||
25 | or received by any person.
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1 | (2.5) "Company" means any sole proprietorship, | ||||||
2 | organization, association, corporation, partnership, joint | ||||||
3 | venture, limited partnership, limited liability | ||||||
4 | partnership, limited liability limited partnership, | ||||||
5 | limited liability company, or other entity or business | ||||||
6 | association, including all wholly owned subsidiaries, | ||||||
7 | majority-owned subsidiaries, parent companies, or | ||||||
8 | affiliates of those entities or business associations, | ||||||
9 | that exist for the purpose of making profit. | ||||||
10 | (3) "Financial harm" includes intimidation that brings | ||||||
11 | about financial loss, criminal usury, or employment | ||||||
12 | contracts that violate the Frauds Act. | ||||||
13 | (4) (Blank). | ||||||
14 | (5) "Labor" means work of economic or financial value. | ||||||
15 | (6) "Maintain" means, in relation to labor or services, | ||||||
16 | to secure continued performance thereof, regardless of any | ||||||
17 | initial agreement on the part of the victim to perform that | ||||||
18 | type of service. | ||||||
19 | (7) "Obtain" means, in relation to labor or services, | ||||||
20 | to secure performance thereof. | ||||||
21 | (7.5) "Serious harm" means any harm, whether physical | ||||||
22 | or nonphysical, including psychological, financial, or | ||||||
23 | reputational harm, that is sufficiently serious, under all | ||||||
24 | the surrounding circumstances, to compel a reasonable | ||||||
25 | person of the same background and in the same circumstances | ||||||
26 | to perform or to continue performing labor or services in |
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1 | order to avoid incurring that harm. | ||||||
2 | (8) "Services" means activities resulting from a | ||||||
3 | relationship between a person and the actor in which the | ||||||
4 | person performs activities under the supervision of or for | ||||||
5 | the benefit of the actor. Commercial sexual activity and | ||||||
6 | sexually-explicit performances are forms of activities | ||||||
7 | that are "services" under this Section. Nothing in this | ||||||
8 | definition may be construed to legitimize or legalize | ||||||
9 | prostitution. | ||||||
10 | (9) "Sexually-explicit performance" means a live, | ||||||
11 | recorded, broadcast (including over the Internet), or | ||||||
12 | public act or show intended to arouse or satisfy the sexual | ||||||
13 | desires or appeal to the prurient interests of patrons. | ||||||
14 | (10) "Trafficking victim" means a person subjected to | ||||||
15 | the practices set forth in subsection (b), (c), or (d). | ||||||
16 | (b) Involuntary servitude. A person commits involuntary | ||||||
17 | servitude when he or she knowingly subjects, attempts to | ||||||
18 | subject, or engages in a conspiracy to subject another person | ||||||
19 | to labor or services obtained or maintained through any of the | ||||||
20 | following means, or any combination of these means: | ||||||
21 | (1) causes or threatens to cause physical harm to any | ||||||
22 | person; | ||||||
23 | (2) physically restrains or threatens to physically | ||||||
24 | restrain another person; | ||||||
25 | (3) abuses or threatens to abuse the law or legal | ||||||
26 | process; |
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1 | (4) knowingly destroys, conceals, removes, | ||||||
2 | confiscates, or possesses any actual or purported passport | ||||||
3 | or other immigration document, or any other actual or | ||||||
4 | purported government identification document, of another | ||||||
5 | person; | ||||||
6 | (5) uses intimidation, or exerts financial control | ||||||
7 | over any person; or | ||||||
8 | (6) uses any scheme, plan, or pattern intended to cause | ||||||
9 | the person to believe that, if the person did not perform | ||||||
10 | the labor or services, that person or another person would | ||||||
11 | suffer serious harm or physical restraint. | ||||||
12 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
13 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
14 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
15 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
16 | (c) Involuntary sexual servitude of a minor. A person | ||||||
17 | commits involuntary sexual servitude of a minor when he or she | ||||||
18 | knowingly recruits, entices, harbors, transports, provides, or | ||||||
19 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
20 | provide, or obtain by any means, another person under 18 years | ||||||
21 | of age, knowing that the minor will engage in commercial sexual | ||||||
22 | activity, a sexually-explicit performance, or the production | ||||||
23 | of pornography, or causes or attempts to cause a minor to | ||||||
24 | engage in one or more of those activities and: | ||||||
25 | (1) there is no overt force or threat and the minor is | ||||||
26 | between the ages of 17 and 18 years; |
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1 | (2) there is no overt force or threat and the minor is | ||||||
2 | under the age of 17 years; or | ||||||
3 | (3) there is overt force or threat. | ||||||
4 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
5 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
6 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
7 | (d) Trafficking in persons. A person commits trafficking in | ||||||
8 | persons when he or she knowingly: (1) recruits, entices, | ||||||
9 | harbors, transports, provides, or obtains by any means, or | ||||||
10 | attempts to recruit, entice, harbor, transport, provide, or | ||||||
11 | obtain by any means, another person, intending or knowing that | ||||||
12 | the person will be subjected to involuntary servitude; or (2) | ||||||
13 | benefits, financially or by receiving anything of value, from | ||||||
14 | participation in a venture that has engaged in an act of | ||||||
15 | involuntary servitude or involuntary sexual servitude of a | ||||||
16 | minor. A company commits trafficking in persons when the | ||||||
17 | company knowingly benefits, financially or by receiving | ||||||
18 | anything of value, from participation in a venture that has | ||||||
19 | engaged in an act of involuntary servitude or involuntary | ||||||
20 | sexual servitude of a minor. | ||||||
21 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
22 | (f), a violation of this subsection by a person is a Class 1 | ||||||
23 | felony. A violation of this subsection by a company is a | ||||||
24 | business offense for which a fine of up to $100,000 may be | ||||||
25 | imposed. | ||||||
26 | (e) Aggravating factors. A violation of this Section |
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1 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
2 | criminal sexual assault or an attempt to commit aggravated | ||||||
3 | criminal sexual assault, or an attempt to commit first degree | ||||||
4 | murder is a Class X felony. | ||||||
5 | (f) Sentencing considerations. | ||||||
6 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
7 | Section, a victim
suffered bodily injury, the defendant may | ||||||
8 | be sentenced to an extended-term sentence under Section | ||||||
9 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
10 | court must take into account the time in which the victim | ||||||
11 | was held in servitude, with increased penalties for cases | ||||||
12 | in which the victim was held for between 180 days and one | ||||||
13 | year, and increased penalties for cases in which the victim | ||||||
14 | was held for more than one year. | ||||||
15 | (2) Number of victims. In determining sentences within | ||||||
16 | statutory maximums, the sentencing court should take into | ||||||
17 | account the number of victims, and may provide for | ||||||
18 | substantially increased sentences in cases involving more | ||||||
19 | than 10 victims. | ||||||
20 | (g) Restitution. Restitution is mandatory under this | ||||||
21 | Section. In addition to any other amount of loss identified, | ||||||
22 | the court shall order restitution including the greater of (1) | ||||||
23 | the gross income or value to the defendant of the victim's | ||||||
24 | labor or services or (2) the value of the victim's labor as | ||||||
25 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
26 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
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| |||||||
1 | whichever is greater. | ||||||
2 | (g-5) Fine distribution. If the court imposes a fine under | ||||||
3 | subsection (b), (c), or (d) of this Section, it shall be | ||||||
4 | collected and distributed to the Specialized Services for | ||||||
5 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
6 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
7 | (h) Trafficking victim services. Subject to the | ||||||
8 | availability of funds, the Department of Human Services may | ||||||
9 | provide or fund emergency services and assistance to | ||||||
10 | individuals who are victims of one or more offenses defined in | ||||||
11 | this Section.
| ||||||
12 | (i) Certification. The Attorney General, a State's | ||||||
13 | Attorney, or any law enforcement official shall certify in | ||||||
14 | writing to the United States Department of Justice or other | ||||||
15 | federal agency, such as the United States Department of | ||||||
16 | Homeland Security, that an investigation or prosecution under | ||||||
17 | this Section has begun and the individual who is a likely | ||||||
18 | victim of a crime described in this Section is willing to | ||||||
19 | cooperate or is cooperating with the investigation to enable | ||||||
20 | the individual, if eligible under federal law, to qualify for | ||||||
21 | an appropriate special immigrant visa and to access available | ||||||
22 | federal benefits. Cooperation with law enforcement shall not be | ||||||
23 | required of victims of a crime described in this Section who | ||||||
24 | are under 18 years of age. This certification shall be made | ||||||
25 | available to the victim and his or her designated legal | ||||||
26 | representative. |
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1 | (j) A person who commits involuntary servitude, | ||||||
2 | involuntary sexual servitude of a minor, or trafficking in | ||||||
3 | persons under subsection (b), (c), or (d) of this Section is | ||||||
4 | subject to the property forfeiture provisions set forth in | ||||||
5 | Article 124B of the Code of Criminal Procedure of 1963.
| ||||||
6 | (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | ||||||
7 | 98-1013, eff. 1-1-15 .)
| ||||||
8 | Section 115. The Code of Civil Procedure is amended by | ||||||
9 | changing Section 13-225 as follows:
| ||||||
10 | (735 ILCS 5/13-225) | ||||||
11 | Sec. 13-225. Trafficking victims protection. (a) In | ||||||
12 | this Section, "human trafficking", "involuntary servitude", | ||||||
13 | "sex trade", and "victim of the sex trade" have the meanings | ||||||
14 | ascribed to them in Section 10 of the Trafficking Victims | ||||||
15 | Protection Act. | ||||||
16 | (b) Subject to both subsections (e) and (f) and | ||||||
17 | notwithstanding any other provision of law, an action under the | ||||||
18 | Trafficking Victims Protection Act must be commenced within 25 | ||||||
19 | 10 years of the date the limitation period begins to run under | ||||||
20 | subsection (d) or within 25 10 years of the date the plaintiff | ||||||
21 | discovers or through the use of reasonable diligence should | ||||||
22 | discover both (i) that the sex trade, involuntary servitude, or | ||||||
23 | human trafficking act occurred, and (ii) that the defendant | ||||||
24 | caused, was responsible for, or profited from the sex trade, |
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| |||||||
1 | involuntary servitude, or human trafficking act. The fact that | ||||||
2 | the plaintiff discovers or through the use of reasonable | ||||||
3 | diligence should discover that the sex trade, involuntary | ||||||
4 | servitude, or human trafficking act occurred is not, by itself, | ||||||
5 | sufficient to start the discovery period under this subsection | ||||||
6 | (b). | ||||||
7 | (c) If the injury is caused by 2 or more acts that are part | ||||||
8 | of a continuing series of sex trade, involuntary servitude, or | ||||||
9 | human trafficking acts by the same defendant, then the | ||||||
10 | discovery period under subsection (b) shall be computed from | ||||||
11 | the date the person abused discovers or through the use of | ||||||
12 | reasonable diligence should discover (i) that the last sex | ||||||
13 | trade, involuntary servitude, or human trafficking act in the | ||||||
14 | continuing series occurred, and (ii) that the defendant caused, | ||||||
15 | was responsible for, or profited from the series of sex trade, | ||||||
16 | involuntary servitude, or human trafficking acts. The fact that | ||||||
17 | the plaintiff discovers or through the use of reasonable | ||||||
18 | diligence should discover that the last sex trade, involuntary | ||||||
19 | servitude, or human trafficking act in the continuing series | ||||||
20 | occurred is not, by itself, sufficient to start the discovery | ||||||
21 | period under subsection (b). | ||||||
22 | (d) The limitation periods in subsection (b) do not begin | ||||||
23 | to run before the plaintiff attains the age of 18 years; and, | ||||||
24 | if at the time the plaintiff attains the age of 18 years he or | ||||||
25 | she is under other legal disability, the limitation periods | ||||||
26 | under subsection (b) do not begin to run until the removal of |
| |||||||
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1 | the disability. | ||||||
2 | (e) The limitation periods in subsection (b) do not run | ||||||
3 | during a time period when the plaintiff is subject to threats, | ||||||
4 | intimidation, manipulation, or fraud perpetrated by the | ||||||
5 | defendant or by any person acting in the interest of the | ||||||
6 | defendant. | ||||||
7 | (f) The limitation periods in subsection (b) do not | ||||||
8 | commence running until the expiration of all limitations | ||||||
9 | periods applicable to the criminal prosecution of the plaintiff | ||||||
10 | for any acts which form the basis of a cause of action under | ||||||
11 | the Trafficking Victims Protection Act.
| ||||||
12 | (Source: P.A. 100-939, eff. 1-1-19 .)
| ||||||
13 | Section 999. Effective date. This Section and Sections 1 | ||||||
14 | through 15 take effect upon becoming law.
|