Rep. Michael J. Madigan
Filed: 5/21/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1890




2 AMENDMENT NO. ______. Amend Senate Bill 1890 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. Short title. This Act may be cited as the 
5Lodging Services Human Trafficking Recognition Training Act.

6 Section 5. Definitions. In this Act:
7 "Department" means the Department of Human Services.
8 "Employee" means a person employed by a lodging 
9establishment who has recurring interactions with the public, 
10including, but not limited to, an employee who works in a 
11reception area, performs housekeeping duties, helps customers 
12in moving their possessions, or transports by vehicle customers 
13of the lodging establishment.
14 "Human trafficking" means the deprivation or violation of 
15the personal liberty of another with the intent to obtain 
16forced labor or services, procure or sell the individual for 
 
 
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1commercial sex, or exploit the individual in obscene matter. 
2Depriving or violating a person's liberty includes substantial 
3and sustained restriction of another's liberty accomplished 
4through fraud, deceit, coercion, violence, duress, menace, or 
5threat of unlawful injury to the victim or to another person, 
6under circumstances where the person receiving or apprehending 
7the threat reasonably believes that it is likely that the 
8person making the threat would carry it out.

9 "Lodging establishment" means an establishment classified 
10as a hotel or motel in the 2017 North American Industry 
11Classification System under code 721110, and an establishment 
12classified as a casino hotel in the 2017 North American 
13Industry Classification System under code 721120.

14 Section 10. Human trafficking recognition training. 
15Beginning June 1, 2020, a lodging establishment shall provide 
16its employees with training in the recognition of human 
17trafficking and protocols for reporting observed human 
18trafficking to the appropriate authority. The employees must 
19complete the training within 6 months after beginning 
20employment in such role with the lodging establishment and 
21every 2 years thereafter, if still employed by the lodging 
22establishment. The training shall be at least 20 minutes in 
23duration.

24 Section 15. Human trafficking recognition training 
 
 
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1curriculum. 
2 (a) A lodging establishment may use its own human 
3trafficking training program or that of a third party and be in 
4full compliance with this Act if the human trafficking training 
5program includes, at a minimum, all of the following: 
6  (1) a definition of human trafficking and commercial 
7 exploitation of children;
8  (2) guidance on how to identify individuals who are 
9 most at risk for human trafficking;
10  (3) the difference between human trafficking for 
11 purposes of labor and for purposes of sex as the 
12 trafficking relates to lodging establishments; and
13  (4) guidance on the role of lodging establishment 
14 employees in reporting and responding to instances of human 
15 trafficking.
16 (b) The Department shall develop a curriculum for an 
17approved human trafficking training recognition program which 
18shall be used by a lodging establishment that does not 
19administer its own human trafficking recognition program as 
20described in subsection (a). The human trafficking training 
21recognition program developed by the Department shall include, 
22at a minimum, all of the following: 
23  (1) a definition of human trafficking and commercial 
24 exploitation of children;
25  (2) guidance on how to identify individuals who are 
26 most at risk for human trafficking;
 
 
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1  (3) the difference between human trafficking for 
2 purposes of labor and for purposes of sex as the 
3 trafficking relates to lodging establishments; and
4  (4) guidance on the role of lodging establishment 
5 employees in reporting and responding to instances of human 
6 trafficking.
7 The Department may consult the United States Department of 
8Justice for the human trafficking recognition training program 
9developed under this subsection.
10 The Department shall develop and publish the human 
11trafficking recognition training program described in this 
12subsection no later than July 1, 2020.

13 Section 100. The Department of State Police Law of the

14Civil Administrative Code of Illinois is amended by adding 
15Section 2605-99 as follows:

16 (20 ILCS 2605/2605-99 new)
17 Sec. 2605-99. Training; human trafficking. The Director 
18shall conduct or approve a training program in the detection 
19and investigation of all forms of human trafficking, including, 
20but not limited to "involuntary servitude" under subsection (b) 
21of Section 10-9 of the Criminal Code of 2012, "involuntary 
22sexual servitude of a minor" under subsection (c) of Section 
2310-9 of the Criminal Code of 2012, and "trafficking in persons" 
24under subsection (d) of Section 10-9 of the Criminal Code of 
 
 
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12012. This program shall be made available to all cadets and 
2state police officers.

3 Section 105. The Illinois Police Training Act is amended by 
4changing Section 7 and by adding Section 10.23 as follows:



5 (50 ILCS 705/7) (from Ch. 85, par. 507)



6 Sec. 7. Rules and standards for schools. The Board shall 
7adopt rules and
minimum standards for such schools which shall 
8include, but not be limited to,
the following:

9  a. The curriculum for probationary police officers 
10 which shall be
offered by all certified schools shall 
11 include, but not be limited to,
courses of procedural 
12 justice, arrest and use and control tactics, search and 
13 seizure, including temporary questioning, civil rights, 
14 human rights, human relations,
cultural competency, 
15 including implicit bias and racial and ethnic sensitivity,

16 criminal law, law of criminal procedure, constitutional 
17 and proper use of law enforcement authority, vehicle and 
18 traffic law including
uniform and non-discriminatory 
19 enforcement of the Illinois Vehicle Code,
traffic control 
20 and accident investigation, techniques of obtaining

21 physical evidence, court testimonies, statements, reports, 
22 firearms
training, training in the use of electronic 
23 control devices, including the psychological and 
24 physiological effects of the use of those devices on 
 
 
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1 humans, first-aid (including cardiopulmonary 
2 resuscitation), training in the administration of opioid 
3 antagonists as defined in paragraph (1) of subsection (e) 
4 of Section 5-23 of the Substance Use Disorder Act, handling 
5 of
juvenile offenders, recognition of
mental conditions 
6 and crises, including, but not limited to, the disease of 
7 addiction, which require immediate assistance and response 
8 and methods to
safeguard and provide assistance to a person 
9 in need of mental
treatment, recognition of abuse, neglect, 
10 financial exploitation, and self-neglect of adults with 
11 disabilities and older adults, as defined in Section 2 of 
12 the Adult Protective Services Act, crimes against the 
13 elderly, law of evidence, the hazards of high-speed police 
14 vehicle
chases with an emphasis on alternatives to the 
15 high-speed chase, and
physical training. The curriculum 
16 shall include specific training in
techniques for 
17 immediate response to and investigation of cases of 
18 domestic
violence and of sexual assault of adults and 
19 children, including cultural perceptions and common myths 
20 of sexual assault and sexual abuse as well as interview 
21 techniques that are age sensitive and are trauma informed, 
22 victim centered, and victim sensitive. The curriculum 
23 shall include
training in techniques designed to promote 
24 effective
communication at the initial contact with crime 
25 victims and ways to comprehensively
explain to victims and 
26 witnesses their rights under the Rights
of Crime Victims 
 
 
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1 and Witnesses Act and the Crime
Victims Compensation Act. 
2 The curriculum shall also include training in effective 
3 recognition of and responses to stress, trauma, and 
4 post-traumatic stress experienced by police officers. The 
5 curriculum shall also include a block of instruction aimed 
6 at identifying and interacting with persons with autism and 
7 other developmental or physical disabilities, reducing 
8 barriers to reporting crimes against persons with autism, 
9 and addressing the unique challenges presented by cases 
10 involving victims or witnesses with autism and other 
11 developmental disabilities. The curriculum shall include 
12 training in the detection and investigation of all forms of 
13 human trafficking. The curriculum for
permanent police 
14 officers shall include, but not be limited to: (1) 
15 refresher
and in-service training in any of the courses 
16 listed above in this
subparagraph, (2) advanced courses in 
17 any of the subjects listed above in
this subparagraph, (3) 
18 training for supervisory personnel, and (4)
specialized 
19 training in subjects and fields to be selected by the 
20 board. The training in the use of electronic control 
21 devices shall be conducted for probationary police 
22 officers, including University police officers.

23  b. Minimum courses of study, attendance requirements 
24 and equipment
requirements.

25  c. Minimum requirements for instructors.

26  d. Minimum basic training requirements, which a 
 
 
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1 probationary police
officer must satisfactorily complete 
2 before being eligible for permanent
employment as a local 
3 law enforcement officer for a participating local

4 governmental agency. Those requirements shall include 
5 training in first aid
(including cardiopulmonary 
6 resuscitation).

7  e. Minimum basic training requirements, which a 
8 probationary county
corrections officer must 
9 satisfactorily complete before being eligible for

10 permanent employment as a county corrections officer for a 
11 participating
local governmental agency.

12  f. Minimum basic training requirements which a 
13 probationary court
security officer must satisfactorily 
14 complete before being eligible for
permanent employment as 
15 a court security officer for a participating local

16 governmental agency. The Board shall
establish those 
17 training requirements which it considers appropriate for 
18 court
security officers and shall certify schools to 
19 conduct that training. 

20  A person hired to serve as a court security officer 
21 must obtain from the
Board a certificate (i) attesting to 
22 his or her successful completion of the
training course; 
23 (ii) attesting to his or her satisfactory
completion of a 
24 training program of similar content and number of hours 
25 that
has been found acceptable by the Board under the 
26 provisions of this Act; or
(iii) attesting to the Board's 
 
 
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1 determination that the training
course is unnecessary 
2 because of the person's extensive prior law enforcement

3 experience.

4  Individuals who currently serve as court security 
5 officers shall be deemed
qualified to continue to serve in 
6 that capacity so long as they are certified
as provided by 
7 this Act within 24 months of June 1, 1997 (the effective 
8 date of Public Act 89-685). Failure to be so certified, 
9 absent a waiver from the
Board, shall cause the officer to 
10 forfeit his or her position.

11  All individuals hired as court security officers on or 
12 after June 1, 1997 (the effective
date of Public Act 
13 89-685) shall be certified within 12 months of the
date of 
14 their hire, unless a waiver has been obtained by the Board, 
15 or they
shall forfeit their positions.

16  The Sheriff's Merit Commission, if one exists, or the 
17 Sheriff's Office if
there is no Sheriff's Merit Commission, 
18 shall maintain a list of all
individuals who have filed 
19 applications to become court security officers and
who meet 
20 the eligibility requirements established under this Act. 
21 Either
the Sheriff's Merit Commission, or the Sheriff's 
22 Office if no Sheriff's Merit
Commission exists, shall 
23 establish a schedule of reasonable intervals for

24 verification of the applicants' qualifications under
this 
25 Act and as established by the Board.

26  g. Minimum in-service training requirements, which a 
 
 
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1 police officer must satisfactorily complete every 3 years. 
2 Those requirements shall include constitutional and proper 
3 use of law enforcement authority, procedural justice, 
4 civil rights, human rights, mental health awareness and 
5 response, and cultural competency.
6  h. Minimum in-service training requirements, which a 
7 police officer must satisfactorily complete at least 
8 annually. Those requirements shall include law updates and 
9 use of force training which shall include scenario based 
10 training, or similar training approved by the Board.
11(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, 
12eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 
13100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. 
148-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)


15 (50 ILCS 705/10.23 new)
16 Sec. 10.23. Training; human trafficking. The Board shall 
17conduct or approve an in-service training program in the 
18detection and investigation of all forms of human trafficking, 
19including, but not limited to, "involuntary servitude" under 
20subsection (b) of Section 10-9 of the Criminal Code of 2012, 
21"involuntary sexual servitude of a minor" under subsection (c) 
22of Section 10-9 of the Criminal Code of 2012, and "trafficking 
23in persons" under subsection (d) of Section 10-9 of the 
24Criminal Code of 2012. This program shall be made available to 
25all certified law enforcement, correctional, and court 
 
 
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1security officers.

2 Section 110. The Criminal Code of 2012 is amended by 
3changing Sections 3-6 and 10-9 as follows:




4 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)


5 Sec. 3-6. Extended limitations. The period within which a 
6prosecution
must be commenced under the provisions of Section 
73-5 or other applicable
statute is extended under the following 
8conditions:

9 (a) A prosecution for theft involving a breach of a 
10fiduciary obligation
to the aggrieved person may be commenced 
11as follows:

12  (1) If the aggrieved person is a minor or a person 
13 under legal disability,
then during the minority or legal 
14 disability or within one year after the
termination 
15 thereof.

16  (2) In any other instance, within one year after the 
17 discovery of the
offense by an aggrieved person, or by a 
18 person who has legal capacity to
represent an aggrieved 
19 person or has a legal duty to report the offense,
and is 
20 not himself or herself a party to the offense; or in the 
21 absence of such
discovery, within one year after the proper 
22 prosecuting officer becomes
aware of the offense. However, 
23 in no such case is the period of limitation
so extended 
24 more than 3 years beyond the expiration of the period 
 
 
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1 otherwise
applicable.

2 (b) A prosecution for any offense based upon misconduct in 
3office by a
public officer or employee may be commenced within 
4one year after discovery
of the offense by a person having a 
5legal duty to report such offense, or
in the absence of such 
6discovery, within one year after the proper
prosecuting officer 
7becomes aware of the offense. However, in no such case
is the 
8period of limitation so extended more than 3 years beyond the

9expiration of the period otherwise applicable.

10 (b-5) When the victim is under 18 years of age at the time 
11of the offense, a prosecution for involuntary servitude, 
12involuntary sexual servitude of a minor, or trafficking in 
13persons and related offenses under Section 10-9 of this Code 
14may be commenced within 25 years of the victim attaining the 
15age of 18 years.
16 (b-6) When the victim is 18 years of age or over at the 
17time of the offense, a prosecution for involuntary servitude, 
18involuntary sexual servitude of a minor, or trafficking in 
19persons and related offenses under Section 10-9 of this Code 
20may be commenced within 25 years after the commission of the 
21offense. 
22 (c) (Blank).

23 (d) A prosecution for child pornography, aggravated child 
24pornography, indecent
solicitation of a
child, soliciting for a 
25juvenile prostitute, juvenile pimping,
exploitation of a 
26child, or promoting juvenile prostitution except for keeping a 
 
 
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1place of juvenile prostitution may be commenced within one year 
2of the victim
attaining the age of 18 years. However, in no 
3such case shall the time
period for prosecution expire sooner 
4than 3 years after the commission of
the offense.

5 (e) Except as otherwise provided in subdivision (j), a 
6prosecution for
any offense involving sexual conduct or sexual

7penetration, as defined in Section 11-0.1 of this Code, where 
8the defendant
was within a professional or fiduciary 
9relationship or a purported
professional or fiduciary 
10relationship with the victim at the
time of the commission of 
11the offense may be commenced within one year
after the 
12discovery of the offense by the victim.

13 (f) A prosecution for any offense set forth in Section 44

14of the Environmental Protection Act
may be commenced within 5 
15years after the discovery of such
an offense by a person or 
16agency having the legal duty to report the
offense or in the 
17absence of such discovery, within 5 years
after the proper 
18prosecuting officer becomes aware of the offense.

19 (f-5) A prosecution for any offense set forth in Section 
2016-30 of this Code may be commenced within 5 years after the 
21discovery of the offense by the victim of that offense.

22 (g) (Blank).

23 (h) (Blank).

24 (i) Except as otherwise provided in subdivision (j), a 
25prosecution for
criminal sexual assault, aggravated criminal

26sexual assault, or aggravated criminal sexual abuse may be 
 
 
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1commenced within 10
years of the commission of the offense if 
2the victim reported the offense to
law enforcement authorities 
3within 3 years after the commission of the offense. If the 
4victim consented to the collection of evidence using an 
5Illinois State Police Sexual Assault Evidence Collection Kit 
6under the Sexual Assault Survivors Emergency Treatment Act, it 
7shall constitute reporting for purposes of this Section.

8 Nothing in this subdivision (i) shall be construed to

9shorten a period within which a prosecution must be commenced 
10under any other
provision of this Section.

11 (i-5) A prosecution for armed robbery, home invasion, 
12kidnapping, or aggravated kidnaping may be commenced within 10 
13years of the commission of the offense if it arises out of the 
14same course of conduct and meets the criteria under one of the 
15offenses in subsection (i) of this Section. 
16 (j) (1) When the victim is under 18 years of age at the 
17time of the offense, a
prosecution
for criminal sexual assault, 
18aggravated criminal sexual assault, predatory
criminal sexual 
19assault of a child, aggravated criminal sexual abuse, or felony 
20criminal sexual abuse may be commenced at any time.
21 (2) When the victim is under 18 years of age at the time of 
22the offense, a prosecution for failure of a person who is 
23required to report an alleged
or suspected commission of 
24criminal sexual assault, aggravated criminal sexual assault, 
25predatory criminal sexual assault of a child, aggravated 
26criminal sexual abuse, or felony criminal sexual abuse under 
 
 
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1the Abused and Neglected
Child Reporting Act may be
commenced 
2within 20 years after the child victim attains 18
years of age.
3 (3) When the victim is under 18 years of age at the time of 
4the offense, a
prosecution
for misdemeanor criminal sexual 
5abuse may be
commenced within 10 years after the child victim 
6attains 18
years of age.

7 (4) Nothing in this subdivision (j) shall be construed to

8shorten a period within which a prosecution must be commenced 
9under any other
provision of this Section.

10 (j-5) A prosecution for armed robbery, home invasion, 
11kidnapping, or aggravated kidnaping may be commenced at any 
12time if it arises out of the same course of conduct and meets 
13the criteria under one of the offenses in subsection (j) of 
14this Section.
15 (k) (Blank).

16 (l) A prosecution for any offense set forth in Section 26-4 
17of this Code may be commenced within one year after the 
18discovery of the offense by the victim of that offense. 
19 (l-5) A prosecution for any offense involving sexual 
20conduct or sexual penetration, as defined in Section 11-0.1 of 
21this Code, in which the victim was 18 years of age or older at 
22the time of the offense, may be commenced within one year after 
23the discovery of the offense by the victim when corroborating 
24physical evidence is available. The charging document shall 
25state that the statute of limitations is extended under this 
26subsection (l-5) and shall state the circumstances justifying 
 
 
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1the extension.
Nothing in this subsection (l-5) shall be 
2construed to shorten a period within which a prosecution must 
3be commenced under any other provision of this Section or 
4Section 3-5 of this Code. 
5 (m) The prosecution shall not be required to prove at trial 
6facts which extend the general limitations in Section 3-5 of 
7this Code when the facts supporting extension of the period of 
8general limitations are properly pled in the charging document. 
9Any challenge relating to the extension of the general 
10limitations period as defined in this Section shall be 
11exclusively conducted under Section 114-1 of the Code of 
12Criminal Procedure of 1963.
13 (n) A prosecution for any offense set forth in subsection 
14(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the 
15Illinois Public Aid Code, in which the total amount of money 
16involved is $5,000 or more, including the monetary value of 
17food stamps and the value of commodities under Section 16-1 of 
18this Code may be commenced within 5 years of the last act 
19committed in furtherance of the offense.
20(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; 
21100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. 
221-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, 
23eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)

24 (720 ILCS 5/10-9)
25 Sec. 10-9. Trafficking in persons, involuntary servitude, 
 
 
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1and related offenses.
2 (a) Definitions. In this Section:
3  (1) "Intimidation" has the meaning prescribed in 
4 Section 12-6.
5  (2) "Commercial sexual activity" means any sex act on 
6 account of which anything of value is given, promised to, 
7 or received by any person.

8  (2.5) "Company" means any sole proprietorship, 
9 organization, association, corporation, partnership, joint 
10 venture, limited partnership, limited liability 
11 partnership, limited liability limited partnership, 
12 limited liability company, or other entity or business 
13 association, including all wholly owned subsidiaries, 
14 majority-owned subsidiaries, parent companies, or 
15 affiliates of those entities or business associations, 
16 that exist for the purpose of making profit. 
17  (3) "Financial harm" includes intimidation that brings 
18 about financial loss, criminal usury, or employment 
19 contracts that violate the Frauds Act.
20  (4) (Blank).
21  (5) "Labor" means work of economic or financial value.
22  (6) "Maintain" means, in relation to labor or services, 
23 to secure continued performance thereof, regardless of any 
24 initial agreement on the part of the victim to perform that 
25 type of service.
26  (7) "Obtain" means, in relation to labor or services, 
 
 
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1 to secure performance thereof.
2  (7.5) "Serious harm" means any harm, whether physical 
3 or nonphysical, including psychological, financial, or 
4 reputational harm, that is sufficiently serious, under all 
5 the surrounding circumstances, to compel a reasonable 
6 person of the same background and in the same circumstances 
7 to perform or to continue performing labor or services in 
8 order to avoid incurring that harm. 
9  (8) "Services" means activities resulting from a 
10 relationship between a person and the actor in which the 
11 person performs activities under the supervision of or for 
12 the benefit of the actor. Commercial sexual activity and 
13 sexually-explicit performances are forms of activities 
14 that are "services" under this Section. Nothing in this 
15 definition may be construed to legitimize or legalize 
16 prostitution.
17  (9) "Sexually-explicit performance" means a live, 
18 recorded, broadcast (including over the Internet), or 
19 public act or show intended to arouse or satisfy the sexual 
20 desires or appeal to the prurient interests of patrons.
21  (10) "Trafficking victim" means a person subjected to 
22 the practices set forth in subsection (b), (c), or (d).
23 (b) Involuntary servitude. A person commits involuntary 
24servitude when he or she knowingly subjects, attempts to 
25subject, or engages in a conspiracy to subject another person 
26to labor or services obtained or maintained through any of the 
 
 
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1following means, or any combination of these means: 
2  (1) causes or threatens to cause physical harm to any 
3 person;
4  (2) physically restrains or threatens to physically 
5 restrain another person;
6  (3) abuses or threatens to abuse the law or legal 
7 process;
8  (4) knowingly destroys, conceals, removes, 
9 confiscates, or possesses any actual or purported passport 
10 or other immigration document, or any other actual or 
11 purported government identification document, of another 
12 person;
13  (5) uses intimidation, or exerts financial control 
14 over any person; or
15  (6) uses any scheme, plan, or pattern intended to cause 
16 the person to believe that, if the person did not perform 
17 the labor or services, that person or another person would 
18 suffer serious harm or physical restraint. 
19 Sentence. Except as otherwise provided in subsection (e) or 
20(f), a violation of subsection (b)(1) is a Class X felony, 
21(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) 
22is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. 
23 (c) Involuntary sexual servitude of a minor. A person 
24commits involuntary sexual servitude of a minor when he or she 
25knowingly recruits, entices, harbors, transports, provides, or 
26obtains by any means, or attempts to recruit, entice, harbor, 
 
 
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1provide, or obtain by any means, another person under 18 years 
2of age, knowing that the minor will engage in commercial sexual 
3activity, a sexually-explicit performance, or the production 
4of pornography, or causes or attempts to cause a minor to 
5engage in one or more of those activities and:
6  (1) there is no overt force or threat and the minor is 
7 between the ages of 17 and 18 years;
8  (2) there is no overt force or threat and the minor is 
9 under the age of 17 years; or
10  (3) there is overt force or threat.
11 Sentence. Except as otherwise provided in subsection (e) or 
12(f), a violation of subsection (c)(1) is a Class 1 felony, 
13(c)(2) is a Class X felony, and (c)(3) is a Class X felony. 
14 (d) Trafficking in persons. A person commits trafficking in 
15persons when he or she knowingly: (1) recruits, entices, 
16harbors, transports, provides, or obtains by any means, or 
17attempts to recruit, entice, harbor, transport, provide, or 
18obtain by any means, another person, intending or knowing that 
19the person will be subjected to involuntary servitude; or (2) 
20benefits, financially or by receiving anything of value, from 
21participation in a venture that has engaged in an act of 
22involuntary servitude or involuntary sexual servitude of a 
23minor. A company commits trafficking in persons when the 
24company benefits, financially or by receiving anything of 
25value, from participation in a venture that has engaged in an 
26act of involuntary servitude or involuntary sexual servitude of 
 
 
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1a minor.
2 Sentence. Except as otherwise provided in subsection (e) or 
3(f), a violation of this subsection by a person is a Class 1 
4felony. A violation of this subsection by a company is a 
5business offense for which a fine of up to $100,000 may be 
6imposed.
7 (e) Aggravating factors. A violation of this Section 
8involving kidnapping or an attempt to kidnap, aggravated 
9criminal sexual assault or an attempt to commit aggravated 
10criminal sexual assault, or an attempt to commit first degree 
11murder is a Class X felony. 
12 (f) Sentencing considerations.
13  (1) Bodily injury. If, pursuant to a violation of this 
14 Section, a victim
suffered bodily injury, the defendant may 
15 be sentenced to an extended-term sentence under Section 
16 5-8-2 of the Unified Code of Corrections. The sentencing 
17 court must take into account the time in which the victim 
18 was held in servitude, with increased penalties for cases 
19 in which the victim was held for between 180 days and one 
20 year, and increased penalties for cases in which the victim 
21 was held for more than one year.
22  (2) Number of victims. In determining sentences within 
23 statutory maximums, the sentencing court should take into 
24 account the number of victims, and may provide for 
25 substantially increased sentences in cases involving more 
26 than 10 victims.
 
 
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1 (g) Restitution. Restitution is mandatory under this 
2Section. In addition to any other amount of loss identified, 
3the court shall order restitution including the greater of (1) 
4the gross income or value to the defendant of the victim's 
5labor or services or (2) the value of the victim's labor as 
6guaranteed under the Minimum Wage Law and overtime provisions 
7of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, 
8whichever is greater.
9 (g-5) Fine distribution. If the court imposes a fine under 
10subsection (b), (c), or (d) of this Section, it shall be 
11collected and distributed to the Specialized Services for 
12Survivors of Human Trafficking Fund in accordance with Section 
135-9-1.21 of the Unified Code of Corrections. 
14 (h) Trafficking victim services. Subject to the 
15availability of funds, the Department of Human Services may 
16provide or fund emergency services and assistance to 
17individuals who are victims of one or more offenses defined in 
18this Section.

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

13(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; 
1498-1013, eff. 1-1-15.)


15 Section 115. The Code of Civil Procedure is amended by 
16changing Section 13-225 as follows:

17 (735 ILCS 5/13-225)
18 Sec. 13-225. Trafficking victims protection. (a) In 
19this Section, "human trafficking", "involuntary servitude", 
20"sex trade", and "victim of the sex trade" have the meanings 
21ascribed to them in Section 10 of the Trafficking Victims 
22Protection Act.
23 (b) Subject to both subsections (e) and (f) and 
24notwithstanding any other provision of law, an action under the 
 
 
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1Trafficking Victims Protection Act must be commenced within 25 
210 years of the date the limitation period begins to run under 
3subsection (d) or within 25 10 years of the date the plaintiff 
4discovers or through the use of reasonable diligence should 
5discover both (i) that the sex trade, involuntary servitude, or 
6human trafficking act occurred, and (ii) that the defendant 
7caused, was responsible for, or profited from the sex trade, 
8involuntary servitude, or human trafficking act. The fact that 
9the plaintiff discovers or through the use of reasonable 
10diligence should discover that the sex trade, involuntary 
11servitude, or human trafficking act occurred is not, by itself, 
12sufficient to start the discovery period under this subsection 
13(b).
14 (c) If the injury is caused by 2 or more acts that are part 
15of a continuing series of sex trade, involuntary servitude, or 
16human trafficking acts by the same defendant, then the 
17discovery period under subsection (b) shall be computed from 
18the date the person abused discovers or through the use of 
19reasonable diligence should discover (i) that the last sex 
20trade, involuntary servitude, or human trafficking act in the 
21continuing series occurred, and (ii) that the defendant caused, 
22was responsible for, or profited from the series of sex trade, 
23involuntary servitude, or human trafficking acts. The fact that 
24the plaintiff discovers or through the use of reasonable 
25diligence should discover that the last sex trade, involuntary 
26servitude, or human trafficking act in the continuing series 
 
 
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1occurred is not, by itself, sufficient to start the discovery 
2period under subsection (b).
3 (d) The limitation periods in subsection (b) do not begin 
4to run before the plaintiff attains the age of 18 years; and, 
5if at the time the plaintiff attains the age of 18 years he or 
6she is under other legal disability, the limitation periods 
7under subsection (b) do not begin to run until the removal of 
8the disability.
9 (e) The limitation periods in subsection (b) do not run 
10during a time period when the plaintiff is subject to threats, 
11intimidation, manipulation, or fraud perpetrated by the 
12defendant or by any person acting in the interest of the 
13defendant.
14 (f) The limitation periods in subsection (b) do not 
15commence running until the expiration of all limitations 
16periods applicable to the criminal prosecution of the plaintiff 
17for any acts which form the basis of a cause of action under 
18the Trafficking Victims Protection Act.

19(Source: P.A. 100-939, eff. 1-1-19.)


20 Section 999. Effective date. This Section and Sections 1 
21through 15 take effect upon becoming law.".