Illinois 2023-2024 Regular Session

Illinois House Bill HB5470 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5470 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9 Amends the Criminal Code of 2012. Provides that a person commits involuntary sexual servitude of a minor when he or she knowingly patronizes 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. LRB103 36843 RLC 66955 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5470 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9 720 ILCS 5/10-9 Amends the Criminal Code of 2012. Provides that a person commits involuntary sexual servitude of a minor when he or she knowingly patronizes 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. LRB103 36843 RLC 66955 b LRB103 36843 RLC 66955 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5470 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/10-9 720 ILCS 5/10-9
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5	5	Amends the Criminal Code of 2012. Provides that a person commits involuntary sexual servitude of a minor when he or she knowingly patronizes 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.
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8	8	A BILL FOR
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10	10	HB5470 LRB103 36843 RLC 66955 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 10-9 as follows:
16	16	6 (720 ILCS 5/10-9)
17	17	7 Sec. 10-9. Trafficking in persons, involuntary servitude,
18	18	8 and related offenses.
19	19	9 (a) Definitions. In this Section:
20	20	10 (1) "Intimidation" has the meaning prescribed in Section
21	21	11 12-6.
22	22	12 (2) "Commercial sexual activity" means any sex act on
23	23	13 account of which anything of value is given, promised to, or
24	24	14 received by any person.
25	25	15 (2.5) "Company" means any sole proprietorship,
26	26	16 organization, association, corporation, partnership, joint
27	27	17 venture, limited partnership, limited liability partnership,
28	28	18 limited liability limited partnership, limited liability
29	29	19 company, or other entity or business association, including
30	30	20 all wholly owned subsidiaries, majority-owned subsidiaries,
31	31	21 parent companies, or affiliates of those entities or business
32	32	22 associations, that exist for the purpose of making profit.
33	33	23 (3) "Financial harm" includes intimidation that brings
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5470 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/10-9 720 ILCS 5/10-9
39	39	720 ILCS 5/10-9
40	40	Amends the Criminal Code of 2012. Provides that a person commits involuntary sexual servitude of a minor when he or she knowingly patronizes 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.
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68	68	1 about financial loss, criminal usury, or employment contracts
69	69	2 that violate the Frauds Act.
70	70	3 (4) (Blank).
71	71	4 (5) "Labor" means work of economic or financial value.
72	72	5 (6) "Maintain" means, in relation to labor or services, to
73	73	6 secure continued performance thereof, regardless of any
74	74	7 initial agreement on the part of the victim to perform that
75	75	8 type of service.
76	76	9 (7) "Obtain" means, in relation to labor or services, to
77	77	10 secure performance thereof.
78	78	11 (7.5) "Serious harm" means any harm, whether physical or
79	79	12 nonphysical, including psychological, financial, or
80	80	13 reputational harm, that is sufficiently serious, under all the
81	81	14 surrounding circumstances, to compel a reasonable person of
82	82	15 the same background and in the same circumstances to perform
83	83	16 or to continue performing labor or services in order to avoid
84	84	17 incurring that harm.
85	85	18 (8) "Services" means activities resulting from a
86	86	19 relationship between a person and the actor in which the
87	87	20 person performs activities under the supervision of or for the
88	88	21 benefit of the actor. Commercial sexual activity and
89	89	22 sexually-explicit performances are forms of activities that
90	90	23 are "services" under this Section. Nothing in this definition
91	91	24 may be construed to legitimize or legalize prostitution.
92	92	25 (9) "Sexually-explicit performance" means a live,
93	93	26 recorded, broadcast (including over the Internet), or public
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104	104	1 act or show intended to arouse or satisfy the sexual desires or
105	105	2 appeal to the prurient interests of patrons.
106	106	3 (10) "Trafficking victim" means a person subjected to the
107	107	4 practices set forth in subsection (b), (c), or (d).
108	108	5 (b) Involuntary servitude. A person commits involuntary
109	109	6 servitude when he or she knowingly subjects, attempts to
110	110	7 subject, or engages in a conspiracy to subject another person
111	111	8 to labor or services obtained or maintained through any of the
112	112	9 following means, or any combination of these means:
113	113	10 (1) causes or threatens to cause physical harm to any
114	114	11 person;
115	115	12 (2) physically restrains or threatens to physically
116	116	13 restrain another person;
117	117	14 (3) abuses or threatens to abuse the law or legal
118	118	15 process;
119	119	16 (4) knowingly destroys, conceals, removes,
120	120	17 confiscates, or possesses any actual or purported passport
121	121	18 or other immigration document, or any other actual or
122	122	19 purported government identification document, of another
123	123	20 person;
124	124	21 (5) uses intimidation, or exerts financial control
125	125	22 over any person; or
126	126	23 (6) uses any scheme, plan, or pattern intended to
127	127	24 cause the person to believe that, if the person did not
128	128	25 perform the labor or services, that person or another
129	129	26 person would suffer serious harm or physical restraint.
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140	140	1 Sentence. Except as otherwise provided in subsection (e)
141	141	2 or (f), a violation of subsection (b)(1) is a Class X felony,
142	142	3 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
143	143	4 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
144	144	5 (c) Involuntary sexual servitude of a minor. A person
145	145	6 commits involuntary sexual servitude of a minor when he or she
146	146	7 knowingly patronizes, recruits, entices, harbors, transports,
147	147	8 provides, or obtains by any means, or attempts to recruit,
148	148	9 entice, harbor, provide, or obtain by any means, another
149	149	10 person under 18 years of age, knowing that the minor will
150	150	11 engage in commercial sexual activity, a sexually-explicit
151	151	12 performance, or the production of pornography, or causes or
152	152	13 attempts to cause a minor to engage in one or more of those
153	153	14 activities and:
154	154	15 (1) there is no overt force or threat and the minor is
155	155	16 between the ages of 17 and 18 years;
156	156	17 (2) there is no overt force or threat and the minor is
157	157	18 under the age of 17 years; or
158	158	19 (3) there is overt force or threat.
159	159	20 Sentence. Except as otherwise provided in subsection (e)
160	160	21 or (f), a violation of subsection (c)(1) is a Class 1 felony,
161	161	22 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
162	162	23 (d) Trafficking in persons. A person commits trafficking
163	163	24 in persons when he or she knowingly: (1) recruits, entices,
164	164	25 harbors, transports, provides, or obtains by any means, or
165	165	26 attempts to recruit, entice, harbor, transport, provide, or
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176	176	1 obtain by any means, another person, intending or knowing that
177	177	2 the person will be subjected to involuntary servitude; or (2)
178	178	3 benefits, financially or by receiving anything of value, from
179	179	4 participation in a venture that has engaged in an act of
180	180	5 involuntary servitude or involuntary sexual servitude of a
181	181	6 minor. A company commits trafficking in persons when the
182	182	7 company knowingly benefits, financially or by receiving
183	183	8 anything of value, from participation in a venture that has
184	184	9 engaged in an act of involuntary servitude or involuntary
185	185	10 sexual servitude of a minor.
186	186	11 Sentence. Except as otherwise provided in subsection (e)
187	187	12 or (f), a violation of this subsection by a person is a Class 1
188	188	13 felony. A violation of this subsection by a company is a
189	189	14 business offense for which a fine of up to $100,000 may be
190	190	15 imposed.
191	191	16 (e) Aggravating factors. A violation of this Section
192	192	17 involving kidnapping or an attempt to kidnap, aggravated
193	193	18 criminal sexual assault or an attempt to commit aggravated
194	194	19 criminal sexual assault, or an attempt to commit first degree
195	195	20 murder is a Class X felony.
196	196	21 (f) Sentencing considerations.
197	197	22 (1) Bodily injury. If, pursuant to a violation of this
198	198	23 Section, a victim suffered bodily injury, the defendant
199	199	24 may be sentenced to an extended-term sentence under
200	200	25 Section 5-8-2 of the Unified Code of Corrections. The
201	201	26 sentencing court must take into account the time in which
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212	212	1 the victim was held in servitude, with increased penalties
213	213	2 for cases in which the victim was held for between 180 days
214	214	3 and one year, and increased penalties for cases in which
215	215	4 the victim was held for more than one year.
216	216	5 (2) Number of victims. In determining sentences within
217	217	6 statutory maximums, the sentencing court should take into
218	218	7 account the number of victims, and may provide for
219	219	8 substantially increased sentences in cases involving more
220	220	9 than 10 victims.
221	221	10 (g) Restitution. Restitution is mandatory under this
222	222	11 Section. In addition to any other amount of loss identified,
223	223	12 the court shall order restitution including the greater of (1)
224	224	13 the gross income or value to the defendant of the victim's
225	225	14 labor or services or (2) the value of the victim's labor as
226	226	15 guaranteed under the Minimum Wage Law and overtime provisions
227	227	16 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
228	228	17 whichever is greater.
229	229	18 (g-5) Fine distribution. If the court imposes a fine under
230	230	19 subsection (b), (c), or (d) of this Section, it shall be
231	231	20 collected and distributed to the Specialized Services for
232	232	21 Survivors of Human Trafficking Fund in accordance with Section
233	233	22 5-9-1.21 of the Unified Code of Corrections.
234	234	23 (h) Trafficking victim services. Subject to the
235	235	24 availability of funds, the Department of Human Services may
236	236	25 provide or fund emergency services and assistance to
237	237	26 individuals who are victims of one or more offenses defined in
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