Bill Text: IL SB2574 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning trafficking in persons, involuntary servitude, and related offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2574 Detail]
Download: Illinois-2017-SB2574-Introduced.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 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||
5 | Section 10-9 as follows:
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6 | (720 ILCS 5/10-9) | |||||||||||||||||||
7 | Sec. 10-9. Trafficking in persons, involuntary servitude, | |||||||||||||||||||
8 | and related offenses. | |||||||||||||||||||
9 | (a) Definitions. In this this Section: | |||||||||||||||||||
10 | (1) "Intimidation" has the meaning prescribed in | |||||||||||||||||||
11 | Section 12-6. | |||||||||||||||||||
12 | (2) "Commercial sexual activity" means any sex act on | |||||||||||||||||||
13 | account of which anything of value is given, promised to, | |||||||||||||||||||
14 | or received by any person.
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15 | (3) "Financial harm" includes intimidation that brings | |||||||||||||||||||
16 | about financial loss, criminal usury, or employment | |||||||||||||||||||
17 | contracts that violate the Frauds Act. | |||||||||||||||||||
18 | (4) (Blank). | |||||||||||||||||||
19 | (5) "Labor" means work of economic or financial value. | |||||||||||||||||||
20 | (6) "Maintain" means, in relation to labor or services, | |||||||||||||||||||
21 | to secure continued performance thereof, regardless of any | |||||||||||||||||||
22 | initial agreement on the part of the victim to perform that | |||||||||||||||||||
23 | type of service. |
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1 | (7) "Obtain" means, in relation to labor or services, | ||||||
2 | to secure performance thereof. | ||||||
3 | (7.5) "Serious harm" means any harm, whether physical | ||||||
4 | or nonphysical, including psychological, financial, or | ||||||
5 | reputational harm, that is sufficiently serious, under all | ||||||
6 | the surrounding circumstances, to compel a reasonable | ||||||
7 | person of the same background and in the same circumstances | ||||||
8 | to perform or to continue performing labor or services in | ||||||
9 | order to avoid incurring that harm. | ||||||
10 | (8) "Services" means activities resulting from a | ||||||
11 | relationship between a person and the actor in which the | ||||||
12 | person performs activities under the supervision of or for | ||||||
13 | the benefit of the actor. Commercial sexual activity and | ||||||
14 | sexually-explicit performances are forms of activities | ||||||
15 | that are "services" under this Section. Nothing in this | ||||||
16 | definition may be construed to legitimize or legalize | ||||||
17 | prostitution. | ||||||
18 | (9) "Sexually-explicit performance" means a live, | ||||||
19 | recorded, broadcast (including over the Internet), or | ||||||
20 | public act or show intended to arouse or satisfy the sexual | ||||||
21 | desires or appeal to the prurient interests of patrons. | ||||||
22 | (10) "Trafficking victim" means a person subjected to | ||||||
23 | the practices set forth in subsection (b), (c), or (d). | ||||||
24 | (b) Involuntary servitude. A person commits involuntary | ||||||
25 | servitude when he or she knowingly subjects, attempts to | ||||||
26 | subject, or engages in a conspiracy to subject another person |
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1 | to labor or services obtained or maintained through any of the | ||||||
2 | following means, or any combination of these means: | ||||||
3 | (1) causes or threatens to cause physical harm to any | ||||||
4 | person; | ||||||
5 | (2) physically restrains or threatens to physically | ||||||
6 | restrain another person; | ||||||
7 | (3) abuses or threatens to abuse the law or legal | ||||||
8 | process; | ||||||
9 | (4) knowingly destroys, conceals, removes, | ||||||
10 | confiscates, or possesses any actual or purported passport | ||||||
11 | or other immigration document, or any other actual or | ||||||
12 | purported government identification document, of another | ||||||
13 | person; | ||||||
14 | (5) uses intimidation, or exerts financial control | ||||||
15 | over any person; or | ||||||
16 | (6) uses any scheme, plan, or pattern intended to cause | ||||||
17 | the person to believe that, if the person did not perform | ||||||
18 | the labor or services, that person or another person would | ||||||
19 | suffer serious harm or physical restraint. | ||||||
20 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
21 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
22 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
23 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
24 | (c) Involuntary sexual servitude of a minor. A person | ||||||
25 | commits involuntary sexual servitude of a minor when he or she | ||||||
26 | knowingly recruits, entices, harbors, transports, provides, or |
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1 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
2 | provide, or obtain by any means, another person under 18 years | ||||||
3 | of age, knowing that the minor will engage in commercial sexual | ||||||
4 | activity, a sexually-explicit performance, or the production | ||||||
5 | of pornography, or causes or attempts to cause a minor to | ||||||
6 | engage in one or more of those activities and: | ||||||
7 | (1) there is no overt force or threat and the minor is | ||||||
8 | between the ages of 17 and 18 years; | ||||||
9 | (2) there is no overt force or threat and the minor is | ||||||
10 | under the age of 17 years; or | ||||||
11 | (3) there is overt force or threat. | ||||||
12 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
13 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
14 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
15 | (d) Trafficking in persons. A person commits trafficking in | ||||||
16 | persons when he or she knowingly: (1) recruits, entices, | ||||||
17 | harbors, transports, provides, or obtains by any means, or | ||||||
18 | attempts to recruit, entice, harbor, transport, provide, or | ||||||
19 | obtain by any means, another person, intending or knowing that | ||||||
20 | the person will be subjected to involuntary servitude; or (2) | ||||||
21 | benefits, financially or by receiving anything of value, from | ||||||
22 | participation in a venture that has engaged in an act of | ||||||
23 | involuntary servitude or involuntary sexual servitude of a | ||||||
24 | minor. | ||||||
25 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
26 | (f), a violation of this subsection is a Class 1 felony. |
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1 | (e) Aggravating factors. A violation of this Section | ||||||
2 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
3 | criminal sexual assault or an attempt to commit aggravated | ||||||
4 | criminal sexual assault, or an attempt to commit first degree | ||||||
5 | murder is a Class X felony. | ||||||
6 | (f) Sentencing considerations. | ||||||
7 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
8 | Section, a victim
suffered bodily injury, the defendant may | ||||||
9 | be sentenced to an extended-term sentence under Section | ||||||
10 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
11 | court must take into account the time in which the victim | ||||||
12 | was held in servitude, with increased penalties for cases | ||||||
13 | in which the victim was held for between 180 days and one | ||||||
14 | year, and increased penalties for cases in which the victim | ||||||
15 | was held for more than one year. | ||||||
16 | (2) Number of victims. In determining sentences within | ||||||
17 | statutory maximums, the sentencing court should take into | ||||||
18 | account the number of victims, and may provide for | ||||||
19 | substantially increased sentences in cases involving more | ||||||
20 | than 10 victims. | ||||||
21 | (g) Restitution. Restitution is mandatory under this | ||||||
22 | Section. In addition to any other amount of loss identified, | ||||||
23 | the court shall order restitution including the greater of (1) | ||||||
24 | the gross income or value to the defendant of the victim's | ||||||
25 | labor or services or (2) the value of the victim's labor as | ||||||
26 | guaranteed under the Minimum Wage Law and overtime provisions |
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1 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
2 | whichever is greater. | ||||||
3 | (g-5) Fine distribution. If the court imposes a fine under | ||||||
4 | subsection (b), (c), or (d) of this Section, it shall be | ||||||
5 | collected and distributed to the Specialized Services for | ||||||
6 | Survivors of Human Trafficking Fund in accordance with Section | ||||||
7 | 5-9-1.21 of the Unified Code of Corrections. | ||||||
8 | (h) Trafficking victim services. Subject to the | ||||||
9 | availability of funds, the Department of Human Services may | ||||||
10 | provide or fund emergency services and assistance to | ||||||
11 | individuals who are victims of one or more offenses defined in | ||||||
12 | this Section.
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13 | (i) Certification. The Attorney General, a State's | ||||||
14 | Attorney, or any law enforcement official shall certify in | ||||||
15 | writing to the United States Department of Justice or other | ||||||
16 | federal agency, such as the United States Department of | ||||||
17 | Homeland Security, that an investigation or prosecution under | ||||||
18 | this Section has begun and the individual who is a likely | ||||||
19 | victim of a crime described in this Section is willing to | ||||||
20 | cooperate or is cooperating with the investigation to enable | ||||||
21 | the individual, if eligible under federal law, to qualify for | ||||||
22 | an appropriate special immigrant visa and to access available | ||||||
23 | federal benefits. Cooperation with law enforcement shall not be | ||||||
24 | required of victims of a crime described in this Section who | ||||||
25 | are under 18 years of age. This certification shall be made | ||||||
26 | available to the victim and his or her designated legal |
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1 | representative. | ||||||
2 | (j) A person who commits involuntary servitude, | ||||||
3 | involuntary sexual servitude of a minor, or trafficking in | ||||||
4 | persons under subsection (b), (c), or (d) of this Section is | ||||||
5 | subject to the property forfeiture provisions set forth in | ||||||
6 | Article 124B of the Code of Criminal Procedure of 1963.
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7 | (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; | ||||||
8 | 98-1013, eff. 1-1-15 .)
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