Bill Text: IL SB1890 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference at a sentencing hearing for a defendant who: (i) at the time of the proceeding was serving a sentence of imprisonment for another offense; and (ii) has agreed to enter a negotiated plea.

Spectrum: Partisan Bill (Democrat 39-1)

Status: (Passed) 2019-06-20 - Public Act . . . . . . . . . 101-0018 [SB1890 Detail]

Download: Illinois-2019-SB1890-Chaptered.html



Public Act 101-0018
SB1890 EnrolledLRB101 07959 SLF 53015 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Lodging Services Human Trafficking Recognition Training Act.
Section 5. Definitions. In this Act:
"Department" means the Department of Human Services.
"Employee" means a person employed by a lodging
establishment who has recurring interactions with the public,
including, but not limited to, an employee who works in a
reception area, performs housekeeping duties, helps customers
in moving their possessions, or transports by vehicle customers
of the lodging establishment.
"Human trafficking" means the deprivation or violation of
the personal liberty of another with the intent to obtain
forced labor or services, procure or sell the individual for
commercial sex, or exploit the individual in obscene matter.
Depriving or violating a person's liberty includes substantial
and sustained restriction of another's liberty accomplished
through fraud, deceit, coercion, violence, duress, menace, or
threat of unlawful injury to the victim or to another person,
under circumstances where the person receiving or apprehending
the threat reasonably believes that it is likely that the
person making the threat would carry it out.
"Lodging establishment" means an establishment classified
as a hotel or motel in the 2017 North American Industry
Classification System under code 721110, and an establishment
classified as a casino hotel in the 2017 North American
Industry Classification System under code 721120.
Section 10. Human trafficking recognition training.
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. The employees must
complete the training within 6 months after beginning
employment in such role with the lodging establishment and
every 2 years thereafter, if still employed by the lodging
establishment. The training shall be at least 20 minutes in
duration.
Section 15. Human trafficking recognition training
curriculum.
(a) A lodging establishment may use its own human
trafficking training program or that of a third party and be in
full compliance with this Act if the human trafficking training
program includes, at a minimum, all of the following:
(1) a definition of human trafficking and commercial
exploitation of children;
(2) guidance on how to identify individuals who are
most at risk for human trafficking;
(3) the difference between human trafficking for
purposes of labor and for purposes of sex as the
trafficking relates to lodging establishments; and
(4) guidance on the role of lodging establishment
employees in reporting and responding to instances of human
trafficking.
(b) The Department shall develop a curriculum for an
approved human trafficking training recognition program which
shall be used by a lodging establishment that does not
administer its own human trafficking recognition program as
described in subsection (a). The human trafficking training
recognition program developed by the Department shall include,
at a minimum, all of the following:
(1) a definition of human trafficking and commercial
exploitation of children;
(2) guidance on how to identify individuals who are
most at risk for human trafficking;
(3) the difference between human trafficking for
purposes of labor and for purposes of sex as the
trafficking relates to lodging establishments; and
(4) guidance on the role of lodging establishment
employees in reporting and responding to instances of human
trafficking.
The Department may consult the United States Department of
Justice for the human trafficking recognition training program
developed under this subsection.
The Department shall develop and publish the human
trafficking recognition training program described in this
subsection no later than July 1, 2020.
Section 100. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2605-99 as follows:
(20 ILCS 2605/2605-99 new)
Sec. 2605-99. Training; human trafficking. The Director
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" under subsection (b)
of Section 10-9 of the Criminal Code of 2012, "involuntary
sexual servitude of a minor" under subsection (c) of Section
10-9 of the Criminal Code of 2012, and "trafficking in persons"
under subsection (d) of Section 10-9 of the Criminal Code of
2012. This program shall be made available to all cadets and
state police officers.
Section 105. The Illinois Police Training Act is amended by
changing Section 7 and by adding Section 10.23 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police officers
which shall be offered by all certified schools shall
include, but not be limited to, courses of procedural
justice, arrest and use and control tactics, search and
seizure, including temporary questioning, civil rights,
human rights, human relations, cultural competency,
including implicit bias and racial and ethnic sensitivity,
criminal law, law of criminal procedure, constitutional
and proper use of law enforcement authority, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act, handling
of juvenile offenders, recognition of mental conditions
and crises, including, but not limited to, the disease of
addiction, which require immediate assistance and response
and methods to safeguard and provide assistance to a person
in need of mental treatment, recognition of abuse, neglect,
financial exploitation, and self-neglect of adults with
disabilities and older adults, as defined in Section 2 of
the Adult Protective Services Act, crimes against the
elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the
high-speed chase, and physical training. The curriculum
shall include specific training in techniques for
immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and
children, including cultural perceptions and common myths
of sexual assault and sexual abuse as well as interview
techniques that are age sensitive and are trauma informed,
victim centered, and victim sensitive. The curriculum
shall include training in techniques designed to promote
effective communication at the initial contact with crime
victims and ways to comprehensively explain to victims and
witnesses their rights under the Rights of Crime Victims
and Witnesses Act and the Crime Victims Compensation Act.
The curriculum shall also include training in effective
recognition of and responses to stress, trauma, and
post-traumatic stress experienced by police officers. The
curriculum shall also include a block of instruction aimed
at identifying and interacting with persons with autism and
other developmental or physical disabilities, reducing
barriers to reporting crimes against persons with autism,
and addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms of
human trafficking. The curriculum for permanent police
officers shall include, but not be limited to: (1)
refresher and in-service training in any of the courses
listed above in this subparagraph, (2) advanced courses in
any of the subjects listed above in this subparagraph, (3)
training for supervisory personnel, and (4) specialized
training in subjects and fields to be selected by the
board. The training in the use of electronic control
devices shall be conducted for probationary police
officers, including University police officers.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local
law enforcement officer for a participating local
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
his or her successful completion of the training course;
(ii) attesting to his or her satisfactory completion of a
training program of similar content and number of hours
that has been found acceptable by the Board under the
provisions of this Act; or (iii) attesting to the Board's
determination that the training course is unnecessary
because of the person's extensive prior law enforcement
experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the Board,
or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for
verification of the applicants' qualifications under this
Act and as established by the Board.
g. Minimum in-service training requirements, which a
police officer must satisfactorily complete every 3 years.
Those requirements shall include constitutional and proper
use of law enforcement authority, procedural justice,
civil rights, human rights, mental health awareness and
response, and cultural competency.
h. Minimum in-service training requirements, which a
police officer must satisfactorily complete at least
annually. Those requirements shall include law updates and
use of force training which shall include scenario based
training, or similar training approved by the Board.
(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
(50 ILCS 705/10.23 new)
Sec. 10.23. Training; human trafficking. The Board shall
conduct or approve an in-service training program in the
detection and investigation of all forms of human trafficking,
including, but not limited to, "involuntary servitude" under
subsection (b) of Section 10-9 of the Criminal Code of 2012,
"involuntary sexual servitude of a minor" under subsection (c)
of Section 10-9 of the Criminal Code of 2012, and "trafficking
in persons" under subsection (d) of Section 10-9 of the
Criminal Code of 2012. This program shall be made available to
all certified law enforcement, correctional, and court
security officers.
Section 110. The Criminal Code of 2012 is amended by
changing Sections 3-6 and 10-9 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years of the victim attaining the
age of 18 years.
(b-6) When the victim is 18 years of age or over at the
time of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years after the commission of the
offense.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the Environmental Protection Act may be commenced within 5
years after the discovery of such an offense by a person or
agency having the legal duty to report the offense or in the
absence of such discovery, within 5 years after the proper
prosecuting officer becomes aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense. If the
victim consented to the collection of evidence using an
Illinois State Police Sexual Assault Evidence Collection Kit
under the Sexual Assault Survivors Emergency Treatment Act, it
shall constitute reporting for purposes of this Section.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time.
(2) When the victim is under 18 years of age at the time of
the offense, a prosecution for failure of a person who is
required to report an alleged or suspected commission of
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, or felony criminal sexual abuse under
the Abused and Neglected Child Reporting Act may be commenced
within 20 years after the child victim attains 18 years of age.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
(k) (Blank).
(l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(l-5) A prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
this Code, in which the victim was 18 years of age or older at
the time of the offense, may be commenced within one year after
the discovery of the offense by the victim when corroborating
physical evidence is available. The charging document shall
state that the statute of limitations is extended under this
subsection (l-5) and shall state the circumstances justifying
the extension. Nothing in this subsection (l-5) shall be
construed to shorten a period within which a prosecution must
be commenced under any other provision of this Section or
Section 3-5 of this Code.
(m) The prosecution shall not be required to prove at trial
facts which extend the general limitations in Section 3-5 of
this Code when the facts supporting extension of the period of
general limitations are properly pled in the charging document.
Any challenge relating to the extension of the general
limitations period as defined in this Section shall be
exclusively conducted under Section 114-1 of the Code of
Criminal Procedure of 1963.
(n) A prosecution for any offense set forth in subsection
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
Illinois Public Aid Code, in which the total amount of money
involved is $5,000 or more, including the monetary value of
food stamps and the value of commodities under Section 16-1 of
this Code may be commenced within 5 years of the last act
committed in furtherance of the offense.
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in
Section 12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to,
or received by any person.
(2.5) "Company" means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability
partnership, limited liability limited partnership,
limited liability company, or other entity or business
association, including all wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or
affiliates of those entities or business associations,
that exist for the purpose of making profit.
(3) "Financial harm" includes intimidation that brings
about financial loss, criminal usury, or employment
contracts that violate the Frauds Act.
(4) (Blank).
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services,
to secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services,
to secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical
or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all
the surrounding circumstances, to compel a reasonable
person of the same background and in the same circumstances
to perform or to continue performing labor or services in
order to avoid incurring that harm.
(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for
the benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities
that are "services" under this Section. Nothing in this
definition may be construed to legitimize or legalize
prostitution.
(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet), or
public act or show intended to arouse or satisfy the sexual
desires or appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to
the practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits involuntary
servitude when he or she knowingly subjects, attempts to
subject, or engages in a conspiracy to subject another person
to labor or services obtained or maintained through any of the
following means, or any combination of these means:
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport
or other immigration document, or any other actual or
purported government identification document, of another
person;
(5) uses intimidation, or exerts financial control
over any person; or
(6) uses any scheme, plan, or pattern intended to cause
the person to believe that, if the person did not perform
the labor or services, that person or another person would
suffer serious harm or physical restraint.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits involuntary sexual servitude of a minor when he or she
knowingly recruits, entices, harbors, transports, provides, or
obtains by any means, or attempts to recruit, entice, harbor,
provide, or obtain by any means, another person under 18 years
of age, knowing that the minor will engage in commercial sexual
activity, a sexually-explicit performance, or the production
of pornography, or causes or attempts to cause a minor to
engage in one or more of those activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in
persons when he or she knowingly: (1) recruits, entices,
harbors, transports, provides, or obtains by any means, or
attempts to recruit, entice, harbor, transport, provide, or
obtain by any means, another person, intending or knowing that
the person will be subjected to involuntary servitude; or (2)
benefits, financially or by receiving anything of value, from
participation in a venture that has engaged in an act of
involuntary servitude or involuntary sexual servitude of a
minor. A company commits trafficking in persons when the
company knowingly benefits, financially or by receiving
anything of value, from participation in a venture that has
engaged in an act of involuntary servitude or involuntary
sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of this subsection by a person is a Class 1
felony. A violation of this subsection by a company is a
business offense for which a fine of up to $100,000 may be
imposed.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant may
be sentenced to an extended-term sentence under Section
5-8-2 of the Unified Code of Corrections. The sentencing
court must take into account the time in which the victim
was held in servitude, with increased penalties for cases
in which the victim was held for between 180 days and one
year, and increased penalties for cases in which the victim
was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into
account the number of victims, and may provide for
substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under
subsection (b), (c), or (d) of this Section, it shall be
collected and distributed to the Specialized Services for
Survivors of Human Trafficking Fund in accordance with Section
5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely
victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not be
required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons under subsection (b), (c), or (d) of this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
98-1013, eff. 1-1-15.)
Section 115. The Code of Civil Procedure is amended by
changing Section 13-225 as follows:
(735 ILCS 5/13-225)
Sec. 13-225. Trafficking victims protection. (a) In
this Section, "human trafficking", "involuntary servitude",
"sex trade", and "victim of the sex trade" have the meanings
ascribed to them in Section 10 of the Trafficking Victims
Protection Act.
(b) Subject to both subsections (e) and (f) and
notwithstanding any other provision of law, an action under the
Trafficking Victims Protection Act must be commenced within 25
10 years of the date the limitation period begins to run under
subsection (d) or within 25 10 years of the date the plaintiff
discovers or through the use of reasonable diligence should
discover both (i) that the sex trade, involuntary servitude, or
human trafficking act occurred, and (ii) that the defendant
caused, was responsible for, or profited from the sex trade,
involuntary servitude, or human trafficking act. The fact that
the plaintiff discovers or through the use of reasonable
diligence should discover that the sex trade, involuntary
servitude, or human trafficking act occurred is not, by itself,
sufficient to start the discovery period under this subsection
(b).
(c) If the injury is caused by 2 or more acts that are part
of a continuing series of sex trade, involuntary servitude, or
human trafficking acts by the same defendant, then the
discovery period under subsection (b) shall be computed from
the date the person abused discovers or through the use of
reasonable diligence should discover (i) that the last sex
trade, involuntary servitude, or human trafficking act in the
continuing series occurred, and (ii) that the defendant caused,
was responsible for, or profited from the series of sex trade,
involuntary servitude, or human trafficking acts. The fact that
the plaintiff discovers or through the use of reasonable
diligence should discover that the last sex trade, involuntary
servitude, or human trafficking act in the continuing series
occurred is not, by itself, sufficient to start the discovery
period under subsection (b).
(d) The limitation periods in subsection (b) do not begin
to run before the plaintiff attains the age of 18 years; and,
if at the time the plaintiff attains the age of 18 years he or
she is under other legal disability, the limitation periods
under subsection (b) do not begin to run until the removal of
the disability.
(e) The limitation periods in subsection (b) do not run
during a time period when the plaintiff is subject to threats,
intimidation, manipulation, or fraud perpetrated by the
defendant or by any person acting in the interest of the
defendant.
(f) The limitation periods in subsection (b) do not
commence running until the expiration of all limitations
periods applicable to the criminal prosecution of the plaintiff
for any acts which form the basis of a cause of action under
the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19.)
Section 999. Effective date. This Section and Sections 1
through 15 take effect upon becoming law.
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