Rep. Michael J. Madigan
Filed: 5/26/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1890




2 AMENDMENT NO. ______. Amend Senate Bill 1890, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 1. Short title. This Act may be cited as the 
6Lodging Services Human Trafficking Recognition Training Act.

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

10 "Lodging establishment" means an establishment classified 
11as a hotel or motel in the 2017 North American Industry 
12Classification System under code 721110, and an establishment 
13classified as a casino hotel in the 2017 North American 
14Industry Classification System under code 721120.

15 Section 10. Human trafficking recognition training. 
16Beginning June 1, 2020, a lodging establishment shall provide 
17its employees with training in the recognition of human 
18trafficking and protocols for reporting observed human 
19trafficking to the appropriate authority. The employees must 
20complete the training within 6 months after beginning 
21employment in such role with the lodging establishment and 
22every 2 years thereafter, if still employed by the lodging 
23establishment. The training shall be at least 20 minutes in 
24duration.

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

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

15Civil Administrative Code of Illinois is amended by adding 
16Section 2605-99 as follows:

17 (20 ILCS 2605/2605-99 new)
18 Sec. 2605-99. Training; human trafficking. The Director 
19shall conduct or approve a training program in the detection 
20and investigation of all forms of human trafficking, including, 
21but not limited to "involuntary servitude" under subsection (b) 
22of Section 10-9 of the Criminal Code of 2012, "involuntary 
23sexual servitude of a minor" under subsection (c) of Section 
2410-9 of the Criminal Code of 2012, and "trafficking in persons" 
 
 
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1under subsection (d) of Section 10-9 of the Criminal Code of 
22012. This program shall be made available to all cadets and 
3state police officers.

4 Section 105. The Illinois Police Training Act is amended by 
5changing Section 7 and by adding Section 10.23 as follows:



6 (50 ILCS 705/7) (from Ch. 85, par. 507)



7 Sec. 7. Rules and standards for schools. The Board shall 
8adopt rules and
minimum standards for such schools which shall 
9include, but not be limited to,
the following:

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

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

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

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

26  c. Minimum requirements for instructors.

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

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

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

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

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

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

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

4 experience.

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

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

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

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

 
 
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1  g. Minimum in-service training requirements, which a 
2 police officer must satisfactorily complete every 3 years. 
3 Those requirements shall include constitutional and proper 
4 use of law enforcement authority, procedural justice, 
5 civil rights, human rights, mental health awareness and 
6 response, and cultural competency.
7  h. Minimum in-service training requirements, which a 
8 police officer must satisfactorily complete at least 
9 annually. Those requirements shall include law updates and 
10 use of force training which shall include scenario based 
11 training, or similar training approved by the Board.
12(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, 
13eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 
14100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. 
158-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)


16 (50 ILCS 705/10.23 new)
17 Sec. 10.23. Training; human trafficking. The Board shall 
18conduct or approve an in-service training program in the 
19detection and investigation of all forms of human trafficking, 
20including, but not limited to, "involuntary servitude" under 
21subsection (b) of Section 10-9 of the Criminal Code of 2012, 
22"involuntary sexual servitude of a minor" under subsection (c) 
23of Section 10-9 of the Criminal Code of 2012, and "trafficking 
24in persons" under subsection (d) of Section 10-9 of the 
25Criminal Code of 2012. This program shall be made available to 
 
 
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1all certified law enforcement, correctional, and court 
2security officers.

3 Section 110. The Criminal Code of 2012 is amended by 
4changing Sections 3-6 and 10-9 as follows:




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


6 Sec. 3-6. Extended limitations. The period within which a 
7prosecution
must be commenced under the provisions of Section 
83-5 or other applicable
statute is extended under the following 
9conditions:

10 (a) A prosecution for theft involving a breach of a 
11fiduciary obligation
to the aggrieved person may be commenced 
12as follows:

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

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

3 (b) A prosecution for any offense based upon misconduct in 
4office by a
public officer or employee may be commenced within 
5one year after discovery
of the offense by a person having a 
6legal duty to report such offense, or
in the absence of such 
7discovery, within one year after the proper
prosecuting officer 
8becomes aware of the offense. However, in no such case
is the 
9period of limitation so extended more than 3 years beyond the

10expiration of the period otherwise applicable.

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

24 (d) A prosecution for child pornography, aggravated child 
25pornography, indecent
solicitation of a
child, soliciting for a 
26juvenile prostitute, juvenile pimping,
exploitation of a 
 
 
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1child, or promoting juvenile prostitution except for keeping a 
2place of juvenile prostitution may be commenced within one year 
3of the victim
attaining the age of 18 years. However, in no 
4such case shall the time
period for prosecution expire sooner 
5than 3 years after the commission of
the offense.

6 (e) Except as otherwise provided in subdivision (j), a 
7prosecution for
any offense involving sexual conduct or sexual

8penetration, as defined in Section 11-0.1 of this Code, where 
9the defendant
was within a professional or fiduciary 
10relationship or a purported
professional or fiduciary 
11relationship with the victim at the
time of the commission of 
12the offense may be commenced within one year
after the 
13discovery of the offense by the victim.

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

15of the Environmental Protection Act
may be commenced within 5 
16years after the discovery of such
an offense by a person or 
17agency having the legal duty to report the
offense or in the 
18absence of such discovery, within 5 years
after the proper 
19prosecuting officer becomes aware of the offense.

20 (f-5) A prosecution for any offense set forth in Section 
2116-30 of this Code may be commenced within 5 years after the 
22discovery of the offense by the victim of that offense.

23 (g) (Blank).

24 (h) (Blank).

25 (i) Except as otherwise provided in subdivision (j), a 
26prosecution for
criminal sexual assault, aggravated criminal

 
 
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1sexual assault, or aggravated criminal sexual abuse may be 
2commenced within 10
years of the commission of the offense if 
3the victim reported the offense to
law enforcement authorities 
4within 3 years after the commission of the offense. If the 
5victim consented to the collection of evidence using an 
6Illinois State Police Sexual Assault Evidence Collection Kit 
7under the Sexual Assault Survivors Emergency Treatment Act, it 
8shall constitute reporting for purposes of this Section.

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

10shorten a period within which a prosecution must be commenced 
11under any other
provision of this Section.

12 (i-5) A prosecution for armed robbery, home invasion, 
13kidnapping, or aggravated kidnaping may be commenced within 10 
14years of the commission of the offense if it arises out of the 
15same course of conduct and meets the criteria under one of the 
16offenses in subsection (i) of this Section. 
17 (j) (1) When the victim is under 18 years of age at the 
18time of the offense, a
prosecution
for criminal sexual assault, 
19aggravated criminal sexual assault, predatory
criminal sexual 
20assault of a child, aggravated criminal sexual abuse, or felony 
21criminal sexual abuse may be commenced at any time.
22 (2) When the victim is under 18 years of age at the time of 
23the offense, a prosecution for failure of a person who is 
24required to report an alleged
or suspected commission of 
25criminal sexual assault, aggravated criminal sexual assault, 
26predatory criminal sexual assault of a child, aggravated 
 
 
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1criminal sexual abuse, or felony criminal sexual abuse under 
2the Abused and Neglected
Child Reporting Act may be
commenced 
3within 20 years after the child victim attains 18
years of age.
4 (3) When the victim is under 18 years of age at the time of 
5the offense, a
prosecution
for misdemeanor criminal sexual 
6abuse may be
commenced within 10 years after the child victim 
7attains 18
years of age.

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

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

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

17 (l) A prosecution for any offense set forth in Section 26-4 
18of this Code may be commenced within one year after the 
19discovery of the offense by the victim of that offense. 
20 (l-5) A prosecution for any offense involving sexual 
21conduct or sexual penetration, as defined in Section 11-0.1 of 
22this Code, in which the victim was 18 years of age or older at 
23the time of the offense, may be commenced within one year after 
24the discovery of the offense by the victim when corroborating 
25physical evidence is available. The charging document shall 
26state that the statute of limitations is extended under this 
 
 
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1subsection (l-5) and shall state the circumstances justifying 
2the extension.
Nothing in this subsection (l-5) shall be 
3construed to shorten a period within which a prosecution must 
4be commenced under any other provision of this Section or 
5Section 3-5 of this Code. 
6 (m) The prosecution shall not be required to prove at trial 
7facts which extend the general limitations in Section 3-5 of 
8this Code when the facts supporting extension of the period of 
9general limitations are properly pled in the charging document. 
10Any challenge relating to the extension of the general 
11limitations period as defined in this Section shall be 
12exclusively conducted under Section 114-1 of the Code of 
13Criminal Procedure of 1963.
14 (n) A prosecution for any offense set forth in subsection 
15(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the 
16Illinois Public Aid Code, in which the total amount of money 
17involved is $5,000 or more, including the monetary value of 
18food stamps and the value of commodities under Section 16-1 of 
19this Code may be commenced within 5 years of the last act 
20committed in furtherance of the offense.
21(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; 
22100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. 
231-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, 
24eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)

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

9  (2.5) "Company" means any sole proprietorship, 
10 organization, association, corporation, partnership, joint 
11 venture, limited partnership, limited liability 
12 partnership, limited liability limited partnership, 
13 limited liability company, or other entity or business 
14 association, including all wholly owned subsidiaries, 
15 majority-owned subsidiaries, parent companies, or 
16 affiliates of those entities or business associations, 
17 that exist for the purpose of making profit. 
18  (3) "Financial harm" includes intimidation that brings 
19 about financial loss, criminal usury, or employment 
20 contracts that violate the Frauds Act.
21  (4) (Blank).
22  (5) "Labor" means work of economic or financial value.
23  (6) "Maintain" means, in relation to labor or services, 
24 to secure continued performance thereof, regardless of any 
25 initial agreement on the part of the victim to perform that 
26 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 
25servitude when he or she knowingly subjects, attempts to 
26subject, or engages in a conspiracy to subject another person 
 
 
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1to labor or services obtained or maintained through any of the 
2following 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) 
23is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. 
24 (c) Involuntary sexual servitude of a minor. A person 
25commits involuntary sexual servitude of a minor when he or she 
26knowingly recruits, entices, harbors, transports, provides, or 
 
 
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1obtains by any means, or attempts to recruit, entice, harbor, 
2provide, or obtain by any means, another person under 18 years 
3of age, knowing that the minor will engage in commercial sexual 
4activity, a sexually-explicit performance, or the production 
5of pornography, or causes or attempts to cause a minor to 
6engage 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 
16persons when he or she knowingly: (1) recruits, entices, 
17harbors, transports, provides, or obtains by any means, or 
18attempts to recruit, entice, harbor, transport, provide, or 
19obtain by any means, another person, intending or knowing that 
20the person will be subjected to involuntary servitude; or (2) 
21benefits, financially or by receiving anything of value, from 
22participation in a venture that has engaged in an act of 
23involuntary servitude or involuntary sexual servitude of a 
24minor. A company commits trafficking in persons when the 
25company knowingly benefits, financially or by receiving 
26anything of value, from participation in a venture that has 
 
 
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1engaged in an act of involuntary servitude or involuntary 
2sexual servitude of a minor.
3 Sentence. Except as otherwise provided in subsection (e) or 
4(f), a violation of this subsection by a person is a Class 1 
5felony. A violation of this subsection by a company is a 
6business offense for which a fine of up to $100,000 may be 
7imposed.
8 (e) Aggravating factors. A violation of this Section 
9involving kidnapping or an attempt to kidnap, aggravated 
10criminal sexual assault or an attempt to commit aggravated 
11criminal sexual assault, or an attempt to commit first degree 
12murder is a Class X felony. 
13 (f) Sentencing considerations.
14  (1) Bodily injury. If, pursuant to a violation of this 
15 Section, a victim
suffered bodily injury, the defendant may 
16 be sentenced to an extended-term sentence under Section 
17 5-8-2 of the Unified Code of Corrections. The sentencing 
18 court must take into account the time in which the victim 
19 was held in servitude, with increased penalties for cases 
20 in which the victim was held for between 180 days and one 
21 year, and increased penalties for cases in which the victim 
22 was held for more than one year.
23  (2) Number of victims. In determining sentences within 
24 statutory maximums, the sentencing court should take into 
25 account the number of victims, and may provide for 
26 substantially increased sentences in cases involving more 
 
 
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1 than 10 victims.
2 (g) Restitution. Restitution is mandatory under this 
3Section. In addition to any other amount of loss identified, 
4the court shall order restitution including the greater of (1) 
5the gross income or value to the defendant of the victim's 
6labor or services or (2) the value of the victim's labor as 
7guaranteed under the Minimum Wage Law and overtime provisions 
8of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, 
9whichever is greater.
10 (g-5) Fine distribution. If the court imposes a fine under 
11subsection (b), (c), or (d) of this Section, it shall be 
12collected and distributed to the Specialized Services for 
13Survivors of Human Trafficking Fund in accordance with Section 
145-9-1.21 of the Unified Code of Corrections. 
15 (h) Trafficking victim services. Subject to the 
16availability of funds, the Department of Human Services may 
17provide or fund emergency services and assistance to 
18individuals who are victims of one or more offenses defined in 
19this Section.

20 (i) Certification. The Attorney General, a State's 
21Attorney, or any law enforcement official shall certify in 
22writing to the United States Department of Justice or other 
23federal agency, such as the United States Department of 
24Homeland Security, that an investigation or prosecution under 
25this Section has begun and the individual who is a likely 
26victim of a crime described in this Section is willing to 
 
 
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1cooperate or is cooperating with the investigation to enable 
2the individual, if eligible under federal law, to qualify for 
3an appropriate special immigrant visa and to access available 
4federal benefits. Cooperation with law enforcement shall not be 
5required of victims of a crime described in this Section who 
6are under 18 years of age. This certification shall be made 
7available to the victim and his or her designated legal 
8representative. 
9 (j) A person who commits involuntary servitude, 
10involuntary sexual servitude of a minor, or trafficking in 
11persons under subsection (b), (c), or (d) of this Section is 
12subject to the property forfeiture provisions set forth in 
13Article 124B of the Code of Criminal Procedure of 1963. 

14(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; 
1598-1013, eff. 1-1-15.)


16 Section 115. The Code of Civil Procedure is amended by 
17changing Section 13-225 as follows:

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

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


21 Section 999. Effective date. This Section and Sections 1 
22through 15 take effect upon becoming law.".