Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1572 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1572 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9 Amends the Criminal Code of 2012. Increases by one class, the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, provides that the penalty is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years. LRB104 05003 RLC 15031 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1572 Introduced 2/4/2025, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9 720 ILCS 5/10-9 Amends the Criminal Code of 2012. Increases by one class, the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, provides that the penalty is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years. LRB104 05003 RLC 15031 b LRB104 05003 RLC 15031 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1572 Introduced 2/4/2025, by Sen. Sally J. Turner 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. Increases by one class, the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, provides that the penalty is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years.
6	6	LRB104 05003 RLC 15031 b LRB104 05003 RLC 15031 b
7	7	LRB104 05003 RLC 15031 b
8	8	A BILL FOR
9	9	SB1572LRB104 05003 RLC 15031 b SB1572 LRB104 05003 RLC 15031 b
10	10	SB1572 LRB104 05003 RLC 15031 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
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1572 Introduced 2/4/2025, by Sen. Sally J. Turner 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. Increases by one class, the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, provides that the penalty is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years.
41	41	LRB104 05003 RLC 15031 b LRB104 05003 RLC 15031 b
42	42	LRB104 05003 RLC 15031 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	720 ILCS 5/10-9
50	50
51	51
52	52
53	53	LRB104 05003 RLC 15031 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB1572 LRB104 05003 RLC 15031 b
64	64
65	65
66	66	SB1572- 2 -LRB104 05003 RLC 15031 b SB1572 - 2 - LRB104 05003 RLC 15031 b
67	67	SB1572 - 2 - LRB104 05003 RLC 15031 b
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
94	94
95	95
96	96
97	97
98	98
99	99	SB1572 - 2 - LRB104 05003 RLC 15031 b
100	100
101	101
102	102	SB1572- 3 -LRB104 05003 RLC 15031 b SB1572 - 3 - LRB104 05003 RLC 15031 b
103	103	SB1572 - 3 - LRB104 05003 RLC 15031 b
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.
130	130
131	131
132	132
133	133
134	134
135	135	SB1572 - 3 - LRB104 05003 RLC 15031 b
136	136
137	137
138	138	SB1572- 4 -LRB104 05003 RLC 15031 b SB1572 - 4 - LRB104 05003 RLC 15031 b
139	139	SB1572 - 4 - LRB104 05003 RLC 15031 b
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 the person shall be sentenced to a term of
143	143	4 imprisonment of not less than 9 years and not exceeding 45
144	144	5 years, (b)(2) is a Class X 1 felony, (b)(3) is a Class 1 2
145	145	6 felony, (b)(4) is a Class 2 3 felony, (b)(5) and (b)(6) is a
146	146	7 Class 3 4 felony.
147	147	8 (c) Involuntary sexual servitude of a minor. A person
148	148	9 commits involuntary sexual servitude of a minor when he or she
149	149	10 knowingly recruits, entices, harbors, transports, provides, or
150	150	11 obtains by any means, or attempts to recruit, entice, harbor,
151	151	12 provide, or obtain by any means, another person under 18 years
152	152	13 of age, knowing that the minor will engage in commercial
153	153	14 sexual activity, a sexually-explicit performance, or the
154	154	15 production of pornography, or causes or attempts to cause a
155	155	16 minor to engage in one or more of those activities and:
156	156	17 (1) there is no overt force or threat and the minor is
157	157	18 between the ages of 17 and 18 years;
158	158	19 (2) there is no overt force or threat and the minor is
159	159	20 under the age of 17 years; or
160	160	21 (3) there is overt force or threat.
161	161	22 Sentence. Except as otherwise provided in subsection (e)
162	162	23 or (f), a violation of subsection (c)(1) is a Class X 1 felony,
163	163	24 (c)(2) is a Class X felony for which the person shall be
164	164	25 sentenced to a term of imprisonment of not less than 9 years
165	165	26 and not exceeding 45 years, and (c)(3) is a Class X felony for
166	166
167	167
168	168
169	169
170	170
171	171	SB1572 - 4 - LRB104 05003 RLC 15031 b
172	172
173	173
174	174	SB1572- 5 -LRB104 05003 RLC 15031 b SB1572 - 5 - LRB104 05003 RLC 15031 b
175	175	SB1572 - 5 - LRB104 05003 RLC 15031 b
176	176	1 which the person shall be sentenced to a term of imprisonment
177	177	2 of not less than 9 years and not exceeding 45 years.
178	178	3 (d) Trafficking in persons. A person commits trafficking
179	179	4 in persons when he or she knowingly: (1) recruits, entices,
180	180	5 harbors, transports, provides, or obtains by any means, or
181	181	6 attempts to recruit, entice, harbor, transport, provide, or
182	182	7 obtain by any means, another person, intending or knowing that
183	183	8 the person will be subjected to involuntary servitude; or (2)
184	184	9 benefits, financially or by receiving anything of value, from
185	185	10 participation in a venture that has engaged in an act of
186	186	11 involuntary servitude or involuntary sexual servitude of a
187	187	12 minor. A company commits trafficking in persons when the
188	188	13 company knowingly benefits, financially or by receiving
189	189	14 anything of value, from participation in a venture that has
190	190	15 engaged in an act of involuntary servitude or involuntary
191	191	16 sexual servitude of a minor.
192	192	17 Sentence. Except as otherwise provided in subsection (e)
193	193	18 or (f), a violation of this subsection by a person is a Class X
194	194	19 1 felony. A violation of this subsection by a company is a
195	195	20 business offense for which a fine of up to $100,000 may be
196	196	21 imposed.
197	197	22 (e) Aggravating factors. A violation of this Section
198	198	23 involving kidnapping or an attempt to kidnap, aggravated
199	199	24 criminal sexual assault or an attempt to commit aggravated
200	200	25 criminal sexual assault, or an attempt to commit first degree
201	201	26 murder is a Class X felony for which the person shall be
202	202
203	203
204	204
205	205
206	206
207	207	SB1572 - 5 - LRB104 05003 RLC 15031 b
208	208
209	209
210	210	SB1572- 6 -LRB104 05003 RLC 15031 b SB1572 - 6 - LRB104 05003 RLC 15031 b
211	211	SB1572 - 6 - LRB104 05003 RLC 15031 b
212	212	1 sentenced to a term of imprisonment of not less than 9 years
213	213	2 and not exceeding 45 years.
214	214	3 (f) Sentencing considerations.
215	215	4 (1) Bodily injury. If, pursuant to a violation of this
216	216	5 Section, a victim suffered bodily injury, the defendant
217	217	6 may be sentenced to an extended-term sentence under
218	218	7 Section 5-8-2 of the Unified Code of Corrections. The
219	219	8 sentencing court must take into account the time in which
220	220	9 the victim was held in servitude, with increased penalties
221	221	10 for cases in which the victim was held for between 180 days
222	222	11 and one year, and increased penalties for cases in which
223	223	12 the victim was held for more than one year.
224	224	13 (2) Number of victims. In determining sentences within
225	225	14 statutory maximums, the sentencing court should take into
226	226	15 account the number of victims, and may provide for
227	227	16 substantially increased sentences in cases involving more
228	228	17 than 10 victims.
229	229	18 (g) Restitution. Restitution is mandatory under this
230	230	19 Section. In addition to any other amount of loss identified,
231	231	20 the court shall order restitution including the greater of (1)
232	232	21 the gross income or value to the defendant of the victim's
233	233	22 labor or services or (2) the value of the victim's labor as
234	234	23 guaranteed under the Minimum Wage Law and overtime provisions
235	235	24 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
236	236	25 whichever is greater.
237	237	26 (g-5) Fine distribution. If the court imposes a fine under
238	238
239	239
240	240
241	241
242	242
243	243	SB1572 - 6 - LRB104 05003 RLC 15031 b
244	244
245	245
246	246	SB1572- 7 -LRB104 05003 RLC 15031 b SB1572 - 7 - LRB104 05003 RLC 15031 b
247	247	SB1572 - 7 - LRB104 05003 RLC 15031 b
248	248	1 subsection (b), (c), or (d) of this Section, it shall be
249	249	2 collected and distributed to the Specialized Services for
250	250	3 Survivors of Human Trafficking Fund in accordance with Section
251	251	4 5-9-1.21 of the Unified Code of Corrections.
252	252	5 (h) Trafficking victim services. Subject to the
253	253	6 availability of funds, the Department of Human Services may
254	254	7 provide or fund emergency services and assistance to
255	255	8 individuals who are victims of one or more offenses defined in
256	256	9 this Section.
257	257	10 (i) Certification. The Attorney General, a State's
258	258	11 Attorney, or any law enforcement official shall certify in
259	259	12 writing to the United States Department of Justice or other
260	260	13 federal agency, such as the United States Department of
261	261	14 Homeland Security, that an investigation or prosecution under
262	262	15 this Section has begun and the individual who is a likely
263	263	16 victim of a crime described in this Section is willing to
264	264	17 cooperate or is cooperating with the investigation to enable
265	265	18 the individual, if eligible under federal law, to qualify for
266	266	19 an appropriate special immigrant visa and to access available
267	267	20 federal benefits. Cooperation with law enforcement shall not
268	268	21 be required of victims of a crime described in this Section who
269	269	22 are under 18 years of age. This certification shall be made
270	270	23 available to the victim and his or her designated legal
271	271	24 representative.
272	272	25 (j) A person who commits involuntary servitude,
273	273	26 involuntary sexual servitude of a minor, or trafficking in
274	274
275	275
276	276
277	277
278	278
279	279	SB1572 - 7 - LRB104 05003 RLC 15031 b
280	280
281	281
282	282	SB1572- 8 -LRB104 05003 RLC 15031 b SB1572 - 8 - LRB104 05003 RLC 15031 b
283	283	SB1572 - 8 - LRB104 05003 RLC 15031 b
284	284
285	285
286	286
287	287
288	288
289	289	SB1572 - 8 - LRB104 05003 RLC 15031 b