Illinois 2025-2026 Regular Session

Illinois House Bill HB3246 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3246 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9 Amends the Criminal Code of 2012. Provides for enhanced mandatory sentences of imprisonment for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor and aggravating factors concerning those offenses. LRB104 10538 RLC 20614 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3246 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9 720 ILCS 5/10-9 Amends the Criminal Code of 2012. Provides for enhanced mandatory sentences of imprisonment for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor and aggravating factors concerning those offenses. LRB104 10538 RLC 20614 b LRB104 10538 RLC 20614 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3246 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/10-9 720 ILCS 5/10-9
4	4	720 ILCS 5/10-9
5	5	Amends the Criminal Code of 2012. Provides for enhanced mandatory sentences of imprisonment for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor and aggravating factors concerning those offenses.
6	6	LRB104 10538 RLC 20614 b LRB104 10538 RLC 20614 b
7	7	LRB104 10538 RLC 20614 b
8	8	A BILL FOR
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10	10	HB3246 LRB104 10538 RLC 20614 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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3246 Introduced , by Rep. Adam M. Niemerg 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 for enhanced mandatory sentences of imprisonment for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor and aggravating factors concerning those offenses.
41	41	LRB104 10538 RLC 20614 b LRB104 10538 RLC 20614 b
42	42	LRB104 10538 RLC 20614 b
43	43	A BILL FOR
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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 for which a person shall be sentenced to a term of imprisonment
143	143	4 of not less than 12 years and not more than 60 years, (b)(2) is
144	144	5 a Class 1 felony for which a person shall be sentenced to a
145	145	6 term of imprisonment of not less than 8 years and not more than
146	146	7 30 years, (b)(3) is a Class 2 felony for which a person shall
147	147	8 be sentenced to a term of imprisonment of not less than 6 years
148	148	9 and not more than 14 years, (b)(4) is a Class 3 felony for
149	149	10 which a person shall be sentenced to a term of imprisonment of
150	150	11 not less 4 years and not more than 10 years, (b)(5) and (b)(6)
151	151	12 is a Class 4 felony for which a person shall be sentenced to a
152	152	13 term of imprisonment of not less than 2 years and not more than
153	153	14 8 years.
154	154	15 (c) Involuntary sexual servitude of a minor. A person
155	155	16 commits involuntary sexual servitude of a minor when he or she
156	156	17 knowingly recruits, entices, harbors, transports, provides, or
157	157	18 obtains by any means, or attempts to recruit, entice, harbor,
158	158	19 provide, or obtain by any means, another person under 18 years
159	159	20 of age, knowing that the minor will engage in commercial
160	160	21 sexual activity, a sexually-explicit performance, or the
161	161	22 production of pornography, or causes or attempts to cause a
162	162	23 minor to engage in one or more of those activities and:
163	163	24 (1) there is no overt force or threat and the minor is
164	164	25 between the ages of 17 and 18 years;
165	165	26 (2) there is no overt force or threat and the minor is
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176	176	1 under the age of 17 years; or
177	177	2 (3) there is overt force or threat.
178	178	3 Sentence. Except as otherwise provided in subsection (e)
179	179	4 or (f), a violation of subsection (c)(1) is a Class 1 felony
180	180	5 for which a person shall be sentenced to a term of imprisonment
181	181	6 of not less than 8 years and not more than 30 years, (c)(2) is
182	182	7 a Class X felony for which a person shall be sentenced to a
183	183	8 term of imprisonment of not less than 12 years and not more
184	184	9 than 60 years, and (c)(3) is a Class X felony for which a
185	185	10 person shall be sentenced to a term of imprisonment of not less
186	186	11 than 12 years and not more than 60 years.
187	187	12 (d) Trafficking in persons. A person commits trafficking
188	188	13 in persons when he or she knowingly: (1) recruits, entices,
189	189	14 harbors, transports, provides, or obtains by any means, or
190	190	15 attempts to recruit, entice, harbor, transport, provide, or
191	191	16 obtain by any means, another person, intending or knowing that
192	192	17 the person will be subjected to involuntary servitude; or (2)
193	193	18 benefits, financially or by receiving anything of value, from
194	194	19 participation in a venture that has engaged in an act of
195	195	20 involuntary servitude or involuntary sexual servitude of a
196	196	21 minor. A company commits trafficking in persons when the
197	197	22 company knowingly benefits, financially or by receiving
198	198	23 anything of value, from participation in a venture that has
199	199	24 engaged in an act of involuntary servitude or involuntary
200	200	25 sexual servitude of a minor.
201	201	26 Sentence. Except as otherwise provided in subsection (e)
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212	212	1 or (f), a violation of this subsection by a person is a Class 1
213	213	2 felony for which a person shall be sentenced to a term of
214	214	3 imprisonment of not less than 8 years and not more than 30
215	215	4 years. A violation of this subsection by a company is a
216	216	5 business offense for which a fine of up to $100,000 may be
217	217	6 imposed.
218	218	7 (e) Aggravating factors. A violation of this Section
219	219	8 involving kidnapping or an attempt to kidnap, aggravated
220	220	9 criminal sexual assault or an attempt to commit aggravated
221	221	10 criminal sexual assault, or an attempt to commit first degree
222	222	11 murder is a Class X felony for which a person shall be
223	223	12 sentenced to a term of imprisonment of not less than 20 years
224	224	13 and not more than 60 years.
225	225	14 (f) Sentencing considerations.
226	226	15 (1) Bodily injury. If, pursuant to a violation of this
227	227	16 Section, a victim suffered bodily injury, the defendant
228	228	17 may be sentenced to an extended-term sentence under
229	229	18 Section 5-8-2 of the Unified Code of Corrections. The
230	230	19 sentencing court must take into account the time in which
231	231	20 the victim was held in servitude, with increased penalties
232	232	21 for cases in which the victim was held for between 180 days
233	233	22 and one year, and increased penalties for cases in which
234	234	23 the victim was held for more than one year.
235	235	24 (2) Number of victims. In determining sentences within
236	236	25 statutory maximums, the sentencing court should take into
237	237	26 account the number of victims, and may provide for
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248	248	1 substantially increased sentences in cases involving more
249	249	2 than 10 victims.
250	250	3 (g) Restitution. Restitution is mandatory under this
251	251	4 Section. In addition to any other amount of loss identified,
252	252	5 the court shall order restitution including the greater of (1)
253	253	6 the gross income or value to the defendant of the victim's
254	254	7 labor or services or (2) the value of the victim's labor as
255	255	8 guaranteed under the Minimum Wage Law and overtime provisions
256	256	9 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
257	257	10 whichever is greater.
258	258	11 (g-5) Fine distribution. If the court imposes a fine under
259	259	12 subsection (b), (c), or (d) of this Section, it shall be
260	260	13 collected and distributed to the Specialized Services for
261	261	14 Survivors of Human Trafficking Fund in accordance with Section
262	262	15 5-9-1.21 of the Unified Code of Corrections.
263	263	16 (h) Trafficking victim services. Subject to the
264	264	17 availability of funds, the Department of Human Services may
265	265	18 provide or fund emergency services and assistance to
266	266	19 individuals who are victims of one or more offenses defined in
267	267	20 this Section.
268	268	21 (i) Certification. The Attorney General, a State's
269	269	22 Attorney, or any law enforcement official shall certify in
270	270	23 writing to the United States Department of Justice or other
271	271	24 federal agency, such as the United States Department of
272	272	25 Homeland Security, that an investigation or prosecution under
273	273	26 this Section has begun and the individual who is a likely
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