Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2323 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2323 Introduced 2/7/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: See Index Provides that the Act may be referred to as the Illinois Statewide Trauma-Informed Response to Human Trafficking Act. Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall maintain a human trafficking unit to coordinate services, initiate prevention efforts, and provide access to resources for case-management staff to serve youth in care who have been determined to be victims of human trafficking or assessed to be at high risk of becoming a victim of human trafficking, as well as ensure a prompt response by the Department to recover youth in care in the custody of law enforcement. Provides that the Department shall incorporate services for all child trafficking victims into the community-based services provided by the Department. Amends the Department of Human Services Act. Provides that the Department of Human Services shall develop a strategic plan, in consultation with advocates and survivors, to establish a statewide system of identification and response to survivors of human trafficking and recommended levels of funding for phase-in of comprehensive victim-centered, trauma-informed statewide services for victims of human trafficking, including adults and children, and to sex and labor trafficking victims and require victim-centered, trauma-informed human trafficking training for caseworkers, treatment providers, investigators, foster parents, and residential home personnel. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall develop a strategic plan to improve victim-centered, trauma-informed law enforcement response to victims of human trafficking across the State. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall work with the Illinois State Police, local law enforcement, victim-centered, trauma-informed human trafficking service providers, and survivor leaders to develop, curriculum standards for training on victim-centered, trauma-informed detection, investigation, and response to human trafficking victims certified by the Illinois Law Enforcement Training Standards Board. Amends various other Acts concerning various agencies responsibilities of addressing human trafficking. Effective January 1, 2026. LRB104 02939 RLC 19420 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2323 Introduced 2/7/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: See Index See Index Provides that the Act may be referred to as the Illinois Statewide Trauma-Informed Response to Human Trafficking Act. Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall maintain a human trafficking unit to coordinate services, initiate prevention efforts, and provide access to resources for case-management staff to serve youth in care who have been determined to be victims of human trafficking or assessed to be at high risk of becoming a victim of human trafficking, as well as ensure a prompt response by the Department to recover youth in care in the custody of law enforcement. Provides that the Department shall incorporate services for all child trafficking victims into the community-based services provided by the Department. Amends the Department of Human Services Act. Provides that the Department of Human Services shall develop a strategic plan, in consultation with advocates and survivors, to establish a statewide system of identification and response to survivors of human trafficking and recommended levels of funding for phase-in of comprehensive victim-centered, trauma-informed statewide services for victims of human trafficking, including adults and children, and to sex and labor trafficking victims and require victim-centered, trauma-informed human trafficking training for caseworkers, treatment providers, investigators, foster parents, and residential home personnel. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall develop a strategic plan to improve victim-centered, trauma-informed law enforcement response to victims of human trafficking across the State. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall work with the Illinois State Police, local law enforcement, victim-centered, trauma-informed human trafficking service providers, and survivor leaders to develop, curriculum standards for training on victim-centered, trauma-informed detection, investigation, and response to human trafficking victims certified by the Illinois Law Enforcement Training Standards Board. Amends various other Acts concerning various agencies responsibilities of addressing human trafficking. Effective January 1, 2026. LRB104 02939 RLC 19420 b LRB104 02939 RLC 19420 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2323 Introduced 2/7/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
3+See Index See Index
4+See Index
5+Provides that the Act may be referred to as the Illinois Statewide Trauma-Informed Response to Human Trafficking Act. Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall maintain a human trafficking unit to coordinate services, initiate prevention efforts, and provide access to resources for case-management staff to serve youth in care who have been determined to be victims of human trafficking or assessed to be at high risk of becoming a victim of human trafficking, as well as ensure a prompt response by the Department to recover youth in care in the custody of law enforcement. Provides that the Department shall incorporate services for all child trafficking victims into the community-based services provided by the Department. Amends the Department of Human Services Act. Provides that the Department of Human Services shall develop a strategic plan, in consultation with advocates and survivors, to establish a statewide system of identification and response to survivors of human trafficking and recommended levels of funding for phase-in of comprehensive victim-centered, trauma-informed statewide services for victims of human trafficking, including adults and children, and to sex and labor trafficking victims and require victim-centered, trauma-informed human trafficking training for caseworkers, treatment providers, investigators, foster parents, and residential home personnel. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall develop a strategic plan to improve victim-centered, trauma-informed law enforcement response to victims of human trafficking across the State. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall work with the Illinois State Police, local law enforcement, victim-centered, trauma-informed human trafficking service providers, and survivor leaders to develop, curriculum standards for training on victim-centered, trauma-informed detection, investigation, and response to human trafficking victims certified by the Illinois Law Enforcement Training Standards Board. Amends various other Acts concerning various agencies responsibilities of addressing human trafficking. Effective January 1, 2026.
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311 1 AN ACT concerning human trafficking.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 1. This Act may be referred to as the Illinois
715 5 Statewide Trauma-Informed Response to Human Trafficking Act.
816 6 Section 2. Findings.
917 7 (a) Human trafficking cuts across gender, race, age,
1018 8 immigration status, nationality, ability, income, and
1119 9 educational levels.
1220 10 (b) A multitude of factors can create susceptibility to
1321 11 the force, fraud, and coercion used by traffickers to exploit
1422 12 unmet physical, emotional, financial, or other needs of
1523 13 targeted persons. Vulnerability factors include, but are not
1624 14 limited to, poverty, prior sexual or domestic abuse, housing
1725 15 insecurity, immigration status, sexual orientation, gender
1826 16 identity, physical, mental and intellectual disability and
1927 17 limited education.
2028 18 (c) The complex trauma experienced by human trafficking
2129 19 survivors requires services from persons who have received
2230 20 training in effective responses to victims of human
2331 21 trafficking.
2432 22 (d) Trafficking for labor and sex exists in Illinois but
2533 23 it is going unrecognized because victims are not being
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2323 Introduced 2/7/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
38+See Index See Index
39+See Index
40+Provides that the Act may be referred to as the Illinois Statewide Trauma-Informed Response to Human Trafficking Act. Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall maintain a human trafficking unit to coordinate services, initiate prevention efforts, and provide access to resources for case-management staff to serve youth in care who have been determined to be victims of human trafficking or assessed to be at high risk of becoming a victim of human trafficking, as well as ensure a prompt response by the Department to recover youth in care in the custody of law enforcement. Provides that the Department shall incorporate services for all child trafficking victims into the community-based services provided by the Department. Amends the Department of Human Services Act. Provides that the Department of Human Services shall develop a strategic plan, in consultation with advocates and survivors, to establish a statewide system of identification and response to survivors of human trafficking and recommended levels of funding for phase-in of comprehensive victim-centered, trauma-informed statewide services for victims of human trafficking, including adults and children, and to sex and labor trafficking victims and require victim-centered, trauma-informed human trafficking training for caseworkers, treatment providers, investigators, foster parents, and residential home personnel. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall develop a strategic plan to improve victim-centered, trauma-informed law enforcement response to victims of human trafficking across the State. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall work with the Illinois State Police, local law enforcement, victim-centered, trauma-informed human trafficking service providers, and survivor leaders to develop, curriculum standards for training on victim-centered, trauma-informed detection, investigation, and response to human trafficking victims certified by the Illinois Law Enforcement Training Standards Board. Amends various other Acts concerning various agencies responsibilities of addressing human trafficking. Effective January 1, 2026.
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3468 1 identified and the underlying crimes are not being reported.
3569 2 The National Human Trafficking Hotline in 2021 reported 929
3670 3 unique calls and texts and identified 355 victims from
3771 4 Illinois, including 177 sex and 27 labor trafficking cases.
3872 5 Fifty of those identified victims were minors. InfoNet,
3973 6 operated by the Illinois Criminal Justice Information
4074 7 Authority (ICJIA), indicates that 569 new client cases of sex
4175 8 and labor trafficking were identified and served via domestic
4276 9 violence and sexual assault service providers throughout
4377 10 Illinois in calendar years 2021, 2022, and 2023. There was a
4478 11 trend of increased victim identification during those years
4579 12 from 235 in 2021, 266 in 2022, to 303 in 2023. While the
4680 13 programs reporting to InfoNet primarily serve adults, 27
4781 14 minors and 96 youth survivors between the ages of 18 and 24
4882 15 were identified and served by these programs. The crime of
4983 16 human trafficking was identified only 73 times between 2021
5084 17 and 2023 according to the Illinois National Incident-Based
5185 18 Reporting System (NIBRS).
5286 19 (e) Child and youth victims of human trafficking are
5387 20 especially vulnerable as they are often trafficked by someone
5488 21 with whom they share a household or familial relationship,
5589 22 and, due to their developmental stage, have a need for a safe
5690 23 caregiving adult. Many have also previously experienced
5791 24 physical or sexual abuse. Between 2021 and 2023, 966 possible
5892 25 cases of child trafficking were identified by the Illinois
5993 26 Department of Children and Family Services via reports of
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70104 1 abuse or neglect. Of these, 292 (30.2%) were "indicated",
71105 2 meaning investigation found that these were cases of
72106 3 trafficking. There was a downward trend in the numbers of
73107 4 allegations and identification of child victims from 105 of
74108 5 416 (25.2%) indicated in 2021, to 104 of 312 (33.3%) in 2022,
75109 6 to 83 of 238 (34.8%) in 2023.
76110 7 (f) Survivors of sex and labor trafficking often do not
77111 8 identify themselves as victims of human trafficking which,
78112 9 unless they are identified as victims by others, hinders their
79113 10 access to specialized services and considerations in the
80114 11 criminal justice system.
81115 12 (g) Victims have difficulty leaving their trafficking
82116 13 situation due to the use of force, fraud, and coercive tactics
83117 14 by traffickers, many of whom exploit existing systemic
84118 15 barriers or other experiences faced by victims. These barriers
85119 16 or experiences could include prior criminal history, mistrust
86120 17 or previous experience with government systems, fear for
87121 18 themselves or family members, debt and poverty, isolation,
88122 19 language barriers, undocumented immigration status, or lack of
89123 20 knowledge of the United States legal system and their rights
90124 21 under it.
91125 22 (h) Labor trafficking victims are especially difficult to
92126 23 identify and engage. The National Human Trafficking Hotline in
93127 24 2021 identified 177 incidents of sex trafficking, 27 incidents
94128 25 of labor trafficking and 15 incidents involving both labor and
95129 26 sex trafficking in Illinois. Illinois sexual assault and
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106140 1 domestic violence agencies reported serving 266 survivors of
107141 2 either sex or labor trafficking or both in 2022.
108142 3 (i) Illinois' government response system is fragmented
109143 4 without clear processes and procedures and without dedicated
110144 5 funding for specialized services for human trafficking
111145 6 survivors. Currently, federal funding is the primary source of
112146 7 funding for dedicated human trafficking service providers in
113147 8 Illinois.
114148 9 (j) No State standards for victim-centered,
115149 10 trauma-informed responses exist for the professions that are
116150 11 in a position to identify, treat, or otherwise respond to
117151 12 victims of human trafficking in Illinois.
118152 13 (k) Current Illinois multi-disciplinary response systems
119153 14 which are comprised of dedicated service providers, law
120154 15 enforcement and prosecutors are fragmented with 2
121155 16 multi-disciplinary task forces funded by the U.S. Department
122156 17 of Justice's Office of Victims of Crime located in Northern
123157 18 Illinois and Lake County, Illinois and other unfunded regional
124158 19 and local task forces operating independently.
125159 20 (l) The Illinois General Assembly finds that to identify
126160 21 and respond to labor and sex trafficking in Illinois and
127161 22 restore the dignity and future of survivors that a statewide
128162 23 strategic framework to prevent, detect and respond to victims
129163 24 of human trafficking must be established.
130164 25 (m) The General Assembly further finds that there is a
131165 26 need to create standards for training of human trafficking
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142176 1 service providers, law enforcement, prosecutors, public
143177 2 defenders, and housing, mental health, substance use disorder,
144178 3 medical personnel and other professions in order to ensure
145179 4 that victims of human trafficking in Illinois are identified
146180 5 and receive a victim-centered, trauma-informed response when
147181 6 they are identified or present for service.
148182 7 Section 5. The Children and Family Services Act is amended
149183 8 by adding Section 45.1 as follows:
150184 9 (20 ILCS 505/45.1 new)
151185 10 Sec. 45.1. Department of Children and Family Services
152186 11 human trafficking unit.
153187 12 (a) The Department of Children and Family Services shall:
154188 13 (1) maintain a human trafficking unit to coordinate
155189 14 services, initiate prevention efforts, and provide access
156190 15 to resources for case-management staff to serve youth in
157191 16 care who have been determined to be victims of human
158192 17 trafficking or assessed to be at high risk of becoming a
159193 18 victim of human trafficking, as well as ensure a timely
160194 19 response by the Department to recover youth in care in the
161195 20 custody of law enforcement or in the care of a Department
162196 21 of Humans Services Comprehensive Community Based Youth
163197 22 Services (CCBYS) service provider;
164-23 (2) ensure that all youth in care are screened during
165-24 the initial integrated assessment to identify those who
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176-1 may be at high risk of trafficking, based on experiences
177-2 of commercial sexual exploitation and other indicators of
178-3 human trafficking, and ensure that those identified are
179-4 screened for and, as relevant, provided with specialized
180-5 services;
181-6 (3) collaborate with the Department of Human Services
182-7 and other State agencies to develop screening and
183-8 follow-up protocols to respond to children and adolescents
184-9 who may be victims of human trafficking or at risk of human
185-10 trafficking regardless of immigration or legal status;
186-11 (4) require victim-centered, trauma-informed human
187-12 trafficking training for Department employees and
188-13 contractors providing specialized services to children and
189-14 youth who are victims of human trafficking or at risk of
190-15 human trafficking including caseworkers, investigators,
191-16 foster parents, and residential home personnel;
192-17 (5) require that all alleged child victims of human
193-18 trafficking be referred to the local child advocacy center
194-19 to coordinate and facilitate a multi-disciplinary
195-20 response;
196-21 (6) increase trauma-informed placement options for
197-22 youth in care, who have been determined to be victims of
198-23 human trafficking or assessed to be at high risk of
199-24 becoming a victim of human trafficking; and
200-25 (7) on or before July 1, 2026, incorporate services
201-26 for all child human trafficking victims into the
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212-1 community-based services provided by the Department.
213-2 (b) Definitions. In this Section:
214-3 "Child or children" has the same meaning as a minor and
215-4 refers to persons under the age of 18.
216-5 "Human trafficking" means a violation or attempted
217-6 violation of Section 10-9 of the Criminal Code of 2012. "Human
218-7 trafficking" includes trafficking of children and adults for
219-8 both labor and sex services.
220-9 "Specialized services" means services for youth in care
221-10 determined to be victims of human trafficking, those assessed
222-11 as high risk for trafficking, or those with a history of sexual
223-12 exploitation, and may include the following: treatment for
224-13 substance use, mental health needs, medical treatment, case
225-14 management, or housing.
226-15 Section 10. The Department of Human Services Act is
227-16 amended by adding Section 1-90 as follows:
228-17 (20 ILCS 1305/1-90 new)
229-18 Sec. 1-90. Statewide plan; victims of human trafficking.
230-19 (a) In this Section, "human trafficking" means a violation
231-20 or attempted violation of Section 10-9 of the Criminal Code of
232-21 2012. Human trafficking includes trafficking of children and
233-22 adults for both labor and sex services.
234-23 (b) The Department of Human Services shall:
235-24 (1) on or before December 31, 2025, develop and submit
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246-1 a strategic plan to the Governor and General Assembly to
247-2 establish a statewide system of identification and
248-3 response to survivors of human trafficking and recommended
249-4 levels of funding for phase-in of comprehensive
250-5 victim-centered, trauma-informed statewide services for
251-6 victims of human trafficking, including adults, youth and
252-7 children, and to sex and labor trafficking victims
253-8 regardless of immigration or legal status. The plan shall
254-9 be developed in consultation with survivors, human
255-10 trafficking service providers, and State agencies
256-11 including the Department of Human Services, Department of
257-12 Children and Family Services, Illinois State Police, and
258-13 Department of Labor. The Department of Human Services
259-14 shall also solicit input from a broad range of partners
260-15 with relevant expertise in the areas of: housing and
261-16 shelter; youth crisis response; adult and pediatric
262-17 healthcare; substance use disorders, behavioral and mental
263-18 health; legal and immigration services; disability;
264-19 domestic violence and sexual assault advocacy; law
265-20 enforcement; justice system including the Office of the
266-21 State's Attorneys Appellate Prosecutor, prosecutors and
267-22 public defenders, county detention centers, probation
268-23 court services, and the Administrative Office of the
269-24 Illinois Courts; State agencies, including the Department
270-25 of Juvenile Justice, Department of Public Health,
271-26 Department of Corrections, and Illinois Criminal Justice
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282-1 Information Authority; and federally funded and regional
283-2 multi-disciplinary human trafficking task forces.
284-3 (2) on or before July 1, 2026, develop service
285-4 standards for organizations providing victim services to
286-5 survivors of human trafficking based upon victim-centered,
287-6 trauma-informed best practices in consultation with
288-7 survivors and experts in the field and consistent with
289-8 standards developed by the United States Department of
290-9 Justice, Office of Victims of Crime;
291-10 (3) on or before October 1, 2026, develop standardized
292-11 training curriculum for individuals who provide advocacy,
293-12 counseling, mental health, substance use disorder,
294-13 homelessness, immigration, legal, and case-management
295-14 services for survivors of human trafficking with input
296-15 from survivors and experts in the field;
297-16 (4) provide consultation to State professional
298-17 associations in the development of trainings for
299-18 healthcare professionals, including those in training, and
300-19 attorneys who are likely to provide services to survivors
301-20 of human trafficking; and
302-21 (5) provide consultation to State agencies, including,
303-22 but not limited to, the Department of Children and Family
304-23 Services, the Department of Juvenile Justice, and the
305-24 Department of Corrections, to assist with development of
306-25 training and screening tools.
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317-1 Section 15. The Department of Labor Law of the Civil
318-2 Administrative Code of Illinois is amended by adding Section
319-3 1505-225 as follows:
320-4 (20 ILCS 1505/1505-225 new)
321-5 Sec. 1505-225. Training courses on human trafficking.
322-6 (a) In this Section:
323-7 "Child" refers to a person under the 18 years of age.
324-8 "Human trafficking" means a violation or attempted
325-9 violation of Section 10-9 of the Criminal Code of 2012. "Human
326-10 trafficking" includes trafficking of children and adults for
327-11 both labor and sex services.
328-12 (b) Working with other State agencies and in collaboration
329-13 with the Department of Human Services, the Department of Labor
330-14 shall develop training for State health inspectors, Department
331-15 of Labor investigators, licensing inspectors, and other
332-16 relevant government regulators on indications of human
333-17 trafficking, including child trafficking, in industries at
334-18 high risk for labor trafficking, including, but not limited
335-19 to, restaurants, hotels, construction, and agriculture and how
336-20 to respond if trafficking is suspected. The Department of
337-21 Labor shall develop education materials on workers' rights and
338-22 recourse for labor exploitation posted on the Department's
339-23 website and on the rights of child and youth workers and
340-24 indicators of child labor trafficking for regional offices of
341-25 education.
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198+23 (2) ensure that all youth in care are assessed to
199+24 identify those who may be at high risk of trafficking,
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210+1 based on experiences of commercial sexual exploitation and
211+2 other indicators of human trafficking, and ensure that
212+3 those identified are screened for and, as relevant,
213+4 provided with specialized services;
214+5 (3) collaborate with the Department of Human Services
215+6 and other State agencies to develop screening and
216+7 follow-up protocols to respond to children and adolescents
217+8 who may be victims of human trafficking or at risk of human
218+9 trafficking regardless of immigration or legal status;
219+10 (4) require victim-centered, trauma-informed human
220+11 trafficking training for Department employees and
221+12 contractors providing specialized services to children and
222+13 youth who are victims of human trafficking or at risk of
223+14 human trafficking including caseworkers, investigators,
224+15 foster parents, and residential home personnel;
225+16 (5) require that all alleged child victims of human
226+17 trafficking be referred to the local child advocacy center
227+18 to coordinate and facilitate a multi-disciplinary
228+19 response;
229+20 (6) increase trauma-informed placement options for
230+21 youth in care, who have been determined to be victims of
231+22 human trafficking or assessed to be at high risk of
232+23 becoming a victim of human trafficking; and
233+24 (7) on or before July 1, 2026, incorporate services
234+25 for all child human trafficking victims into the
235+26 community-based services provided by the Department.
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246+1 (b) Definitions. In this Section:
247+2 "Child or children" has the same meaning as a minor and
248+3 refers to persons under the age of 18.
249+4 "Human trafficking" means a violation or attempted
250+5 violation of Section 10-9 of the Criminal Code of 2012. "Human
251+6 trafficking" includes trafficking of children and adults for
252+7 both labor and sex services.
253+8 "Specialized services" means services for youth in care
254+9 determined to be victims of human trafficking, those assessed
255+10 as high risk for trafficking, or those with a history of sexual
256+11 exploitation, and may include the following: treatment for
257+12 substance use, mental health needs, medical treatment, case
258+13 management, or housing.
259+14 Section 10. The Department of Human Services Act is
260+15 amended by adding Section 1-90 as follows:
261+16 (20 ILCS 1305/1-90 new)
262+17 Sec. 1-90. Statewide plan; victims of human trafficking.
263+18 (a) In this Section, "human trafficking" means a violation
264+19 or attempted violation of Section 10-9 of the Criminal Code of
265+20 2012. Human trafficking includes trafficking of children and
266+21 adults for both labor and sex services.
267+22 (b) The Department of Human Services shall:
268+23 (1) on or before December 31, 2025, develop and submit
269+24 a strategic plan to the Governor and General Assembly to
270+
271+
272+
273+
274+
275+ SB2323 - 7 - LRB104 02939 RLC 19420 b
276+
277+
278+SB2323- 8 -LRB104 02939 RLC 19420 b SB2323 - 8 - LRB104 02939 RLC 19420 b
279+ SB2323 - 8 - LRB104 02939 RLC 19420 b
280+1 establish a statewide system of identification and
281+2 response to survivors of human trafficking and recommended
282+3 levels of funding for phase-in of comprehensive
283+4 victim-centered, trauma-informed statewide services for
284+5 victims of human trafficking, including adults, youth and
285+6 children, and to sex and labor trafficking victims
286+7 regardless of immigration or legal status. The plan shall
287+8 be developed in consultation with survivors, human
288+9 trafficking service providers, and State agencies
289+10 including the Department of Human Services, Department of
290+11 Children and Family Services, Illinois State Police, and
291+12 Department of Labor. The Department of Human Services
292+13 shall also solicit input from a broad range of partners
293+14 with relevant expertise in the areas of: housing and
294+15 shelter; youth crisis response; adult and pediatric
295+16 healthcare; substance use disorders, behavioral and mental
296+17 health; legal and immigration services; disability;
297+18 domestic violence and sexual assault advocacy; law
298+19 enforcement; justice system including the Office of the
299+20 State's Attorneys Appellate Prosecutor, prosecutors and
300+21 public defenders, county detention centers, probation
301+22 court services, and the Administrative Office of the
302+23 Illinois Courts; State agencies, including the Department
303+24 of Juvenile Justice, Department of Public Health,
304+25 Department of Corrections, and Illinois Criminal Justice
305+26 Information Authority; and federally funded and regional
306+
307+
308+
309+
310+
311+ SB2323 - 8 - LRB104 02939 RLC 19420 b
312+
313+
314+SB2323- 9 -LRB104 02939 RLC 19420 b SB2323 - 9 - LRB104 02939 RLC 19420 b
315+ SB2323 - 9 - LRB104 02939 RLC 19420 b
316+1 multi-disciplinary human trafficking task forces.
317+2 (2) on or before July 1, 2026, develop service
318+3 standards for organizations providing victim services to
319+4 survivors of human trafficking based upon victim-centered,
320+5 trauma-informed best practices in consultation with
321+6 survivors and experts in the field and consistent with
322+7 standards developed by the United States Department of
323+8 Justice, Office of Victims of Crime;
324+9 (3) on or before October 1, 2026, develop standardized
325+10 training curriculum for individuals who provide advocacy,
326+11 counseling, mental health, substance use disorder,
327+12 homelessness, immigration, legal, and case-management
328+13 services for survivors of human trafficking with input
329+14 from survivors and experts in the field;
330+15 (4) provide consultation to State professional
331+16 associations in the development of trainings for
332+17 healthcare professionals, including those in training, and
333+18 attorneys who are likely to provide services to survivors
334+19 of human trafficking; and
335+20 (5) provide consultation to State agencies, including,
336+21 but not limited to, the Department of Children and Family
337+22 Services, the Department of Juvenile Justice, and the
338+23 Department of Corrections, to assist with development of
339+24 training and screening tools.
340+25 Section 15. The Department of Labor Law of the Civil
341+
342+
343+
344+
345+
346+ SB2323 - 9 - LRB104 02939 RLC 19420 b
347+
348+
349+SB2323- 10 -LRB104 02939 RLC 19420 b SB2323 - 10 - LRB104 02939 RLC 19420 b
350+ SB2323 - 10 - LRB104 02939 RLC 19420 b
351+1 Administrative Code of Illinois is amended by adding Section
352+2 1505-225 as follows:
353+3 (20 ILCS 1505/1505-225 new)
354+4 Sec. 1505-225. Training courses on human trafficking.
355+5 (a) In this Section:
356+6 "Child" refers to a person under the 18 years of age.
357+7 "Human trafficking" means a violation or attempted
358+8 violation of Section 10-9 of the Criminal Code of 2012. "Human
359+9 trafficking" includes trafficking of children and adults for
360+10 both labor and sex services.
361+11 (b) Working with other State agencies and in collaboration
362+12 with the Department of Human Services, the Department of Labor
363+13 shall develop training for State health inspectors, Department
364+14 of Labor investigators, licensing inspectors, and other
365+15 relevant government regulators on indications of human
366+16 trafficking, including child trafficking, in industries at
367+17 high risk for labor trafficking, including, but not limited
368+18 to, restaurants, hotels, construction, and agriculture and how
369+19 to respond if trafficking is suspected. The Department of
370+20 Labor shall develop education materials on workers' rights and
371+21 recourse for labor exploitation posted on the Department's
372+22 website and on the rights of child and youth workers and
373+23 indicators of child labor trafficking for regional offices of
374+24 education.
375+
376+
377+
378+
379+
380+ SB2323 - 10 - LRB104 02939 RLC 19420 b
381+
382+
383+SB2323- 11 -LRB104 02939 RLC 19420 b SB2323 - 11 - LRB104 02939 RLC 19420 b
384+ SB2323 - 11 - LRB104 02939 RLC 19420 b
352385 1 Section 20. The Illinois State Police Law of the Civil
353386 2 Administrative Code of Illinois is amended by adding Section
354387 3 2605-625 as follows:
355388 4 (20 ILCS 2605/2605-625 new)
356389 5 Sec. 2605-625. Illinois State Police to develop a
357390 6 strategic plan and support and coordinate with
358391 7 multi-disciplinary human trafficking task forces (MDHTTF) to
359392 8 improve victim-centered, trauma-informed law enforcement
360393 9 response to victims of human trafficking across the State.
361394 10 (a) In this Section:
362395 11 "Children" means persons under 18 years of age.
363396 12 "Human trafficking" means a violation or attempted
364397 13 violation of Section 10-9 of the Criminal Code of 2012. "Human
365398 14 trafficking" includes trafficking of children and adults for
366399 15 both labor and sex services.
367400 16 "Multi-disciplinary human trafficking task forces"
368401 17 (MDHTTF) means task forces established to coordinate
369402 18 detection, investigation, and response to victims of human and
370403 19 child trafficking across multiple jurisdictions and
371404 20 disciplines and whose participants may include, but are not
372405 21 limited to, federal, State, and local law enforcement, local
373406 22 government, the Illinois State Police, the Departments of
374407 23 Children and Family Services, Juvenile Justice, and
375408 24 Corrections, prosecutors, children's advocacy centers, adult
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384-SB2323 Engrossed- 12 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 12 - LRB104 02939 RLC 19420 b
385- SB2323 Engrossed - 12 - LRB104 02939 RLC 19420 b
386-1 and pediatric medical personnel, and service providers
387-2 specializing in victim-centered, trauma-informed response to
388-3 victims of human trafficking. Such multi-disciplinary task
389-4 forces may include Metropolitan Enforcement Groups as defined
390-5 in Section 3 of the Intergovernmental Drug Laws Enforcement
391-6 Act.
392-7 (b) The Illinois State Police shall:
393-8 (1) on or before July 1, 2026, develop a strategic
394-9 plan to improve victim-centered, trauma-informed law
395-10 enforcement response to victims of human trafficking
396-11 across the State, in consultation with the Department of
397-12 Human Services, victim-centered, trauma-informed human
398-13 trafficking service providers, local, State, and federal
399-14 law enforcement partners, metropolitan enforcement groups
400-15 (MEG) and task forces, existing federally funded task
401-16 forces, and allied organizations;
402-17 (2) support implementation of a network of
403-18 multi-disciplinary human trafficking task forces (MDHTTF)
404-19 across the State building upon the existing
405-20 multi-disciplinary human trafficking task forces, and in
406-21 partnership with the Department of Human Services,
407-22 victim-centered, trauma-informed human trafficking
408-23 service providers, children's advocacy centers, local,
409-24 State, and federal law enforcement partners, MEGs and
410-25 multi-jurisdictional law enforcement task forces, existing
411-26 federally funded task forces, and allied organizations.
412-
413-
414-
415-
416-
417- SB2323 Engrossed - 12 - LRB104 02939 RLC 19420 b
418-
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421- SB2323 Engrossed - 13 - LRB104 02939 RLC 19420 b
422-1 Each MDHTTF shall include at least one representative from
423-2 each of the following: a local, regional or statewide
424-3 organization which has received specialized training in
425-4 victim-centered, trauma-informed response to victims of
426-5 human trafficking, a local or county law enforcement
427-6 agency, a prosecutor and a children's advocacy center;
428-7 (3) convene representatives from Illinois
429-8 multi-disciplinary human trafficking task forces on a
430-9 quarterly basis to discuss emerging issues, law
431-10 enforcement strategies, and changes to protocols needed to
432-11 hold perpetrators of human trafficking accountable;
433-12 (4) convene an annual statewide conference for
434-13 stakeholders and multi-disciplinary human trafficking task
435-14 forces (MDHTTF) to provide training and discuss strategies
436-15 to reduce and respond to human trafficking in the State in
437-16 partnership with the Department of Human Services with the
438-17 input of victim-centered, trauma-informed human
439-18 trafficking service providers, and subject to
440-19 appropriation;
441-20 (5) create standardized protocols for law enforcement
442-21 investigations and multi-disciplinary response to
443-22 referrals from the National Human Trafficking Hotline,
444-23 other tip-line calls, traffic interdiction of suspected
445-24 traffickers, and other human trafficking victim referrals
446-25 in partnership with the Department of Human Services,
447-26 victim-centered, trauma-informed human trafficking
448-
449-
450-
451-
452-
453- SB2323 Engrossed - 13 - LRB104 02939 RLC 19420 b
454-
455-
456-SB2323 Engrossed- 14 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 14 - LRB104 02939 RLC 19420 b
457- SB2323 Engrossed - 14 - LRB104 02939 RLC 19420 b
458-1 service providers, local, State, and federal law
459-2 enforcement partners, MEG and task forces, existing
460-3 federally funded task forces, and allied organizations;
461-4 (6) work with the Illinois Law Enforcement Training
462-5 Standards Board, local law enforcement, victim-centered,
463-6 trauma-informed service providers, and survivor leaders to
464-7 develop, on or before July 1, 2026, curriculum standards
465-8 for law enforcement training on human trafficking;
466-9 (7) on or before July 1, 2026, work with the Illinois
467-10 Law Enforcement Training Standards Board, in consultation
468-11 with the Attorney General, law enforcement agencies, human
469-12 trafficking service providers, and other providers with
470-13 expertise in recognizing and responding to victims of
471-14 human trafficking, to develop and make available to each
472-15 law enforcement agency, comprehensive guidelines for
473-16 creation of a law enforcement agency policy on
474-17 victim-centered, trauma-informed detection,
475-18 investigation, and response to victims of human
476-19 trafficking; and
477-20 (8) provide support for local law enforcement
478-21 encountering victims of human trafficking.
479-22 Section 25. The Illinois Police Training Act is amended by
480-23 changing Sections 2, 10.21 and 10.23 and by adding Section
481-24 10.27 as follows:
482-
483-
484-
485-
486-
487- SB2323 Engrossed - 14 - LRB104 02939 RLC 19420 b
488-
489-
490-SB2323 Engrossed- 15 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 15 - LRB104 02939 RLC 19420 b
491- SB2323 Engrossed - 15 - LRB104 02939 RLC 19420 b
492-1 (50 ILCS 705/2) (from Ch. 85, par. 502)
493-2 Sec. 2. Definitions. As used in this Act, unless the
494-3 context otherwise requires:
495-4 "Board" means the Illinois Law Enforcement Training
496-5 Standards Board.
497-6 "Full-time law enforcement officer" means a law
498-7 enforcement officer who has completed the officer's
499-8 probationary period and is employed on a full-time basis as a
500-9 law enforcement officer by a local government agency, State
501-10 government agency, or as a campus police officer by a
502-11 university, college, or community college.
503-12 "Law Enforcement agency" means any entity with statutory
504-13 police powers and the ability to employ individuals authorized
505-14 to make arrests. It does not include the Illinois State Police
506-15 as defined in the State Police Act. A law enforcement agency
507-16 may include any university, college, or community college.
508-17 "Local law enforcement agency" means any law enforcement
509-18 unit of government or municipal corporation in this State. It
510-19 does not include the State of Illinois or any office, officer,
511-20 department, division, bureau, board, commission, or agency of
512-21 the State, except that it does include a State-controlled
513-22 university, college or public community college.
514-23 "State law enforcement agency" means any law enforcement
515-24 agency of this State. This includes any office, officer,
516-25 department, division, bureau, board, commission, or agency of
517-26 the State. It does not include the Illinois State Police as
518-
519-
520-
521-
522-
523- SB2323 Engrossed - 15 - LRB104 02939 RLC 19420 b
524-
525-
526-SB2323 Engrossed- 16 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 16 - LRB104 02939 RLC 19420 b
527- SB2323 Engrossed - 16 - LRB104 02939 RLC 19420 b
528-1 defined in the State Police Act.
529-2 "Panel" means the Certification Review Panel.
530-3 "Basic training school" means any school located within
531-4 the State of Illinois whether privately or publicly owned
532-5 which offers a course in basic law enforcement or county
533-6 corrections training and has been approved by the Board.
534-7 "Probationary police officer" means a recruit law
535-8 enforcement officer required to successfully complete initial
536-9 minimum basic training requirements at a basic training school
537-10 to be eligible for permanent full-time employment as a local
538-11 law enforcement officer.
539-12 "Probationary part-time police officer" means a recruit
540-13 part-time law enforcement officer required to successfully
541-14 complete initial minimum part-time training requirements to be
542-15 eligible for employment on a part-time basis as a local law
543-16 enforcement officer.
544-17 "Permanent law enforcement officer" means a law
545-18 enforcement officer who has completed the officer's
546-19 probationary period and is permanently employed on a full-time
547-20 basis as a local law enforcement officer, as a security
548-21 officer, or campus police officer permanently employed by a
549-22 law enforcement agency.
550-23 "Part-time law enforcement officer" means a law
551-24 enforcement officer who has completed the officer's
552-25 probationary period and is employed on a part-time basis as a
553-26 law enforcement officer or as a campus police officer by a law
554-
555-
556-
557-
558-
559- SB2323 Engrossed - 16 - LRB104 02939 RLC 19420 b
560-
561-
562-SB2323 Engrossed- 17 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 17 - LRB104 02939 RLC 19420 b
563- SB2323 Engrossed - 17 - LRB104 02939 RLC 19420 b
564-1 enforcement agency.
565-2 "Law enforcement officer" means (i) any police officer of
566-3 a law enforcement agency who is primarily responsible for
567-4 prevention or detection of crime and the enforcement of the
568-5 criminal code, traffic, or highway laws of this State or any
569-6 political subdivision of this State or (ii) any member of a
570-7 police force appointed and maintained as provided in Section 2
571-8 of the Railroad Police Act.
572-9 "Recruit" means any full-time or part-time law enforcement
573-10 officer or full-time county corrections officer who is
574-11 enrolled in an approved training course.
575-12 "Review Committee" means the committee at the Board for
576-13 certification disciplinary cases in which the Panel, a law
577-14 enforcement officer, or a law enforcement agency may file for
578-15 reconsideration of a decertification decision made by the
579-16 Board.
580-17 "Probationary county corrections officer" means a recruit
581-18 county corrections officer required to successfully complete
582-19 initial minimum basic training requirements at a basic
583-20 training school to be eligible for permanent employment on a
584-21 full-time basis as a county corrections officer.
585-22 "Permanent county corrections officer" means a county
586-23 corrections officer who has completed the officer's
409+25 and pediatric medical personnel, and service providers
410+
411+
412+
413+
414+
415+ SB2323 - 11 - LRB104 02939 RLC 19420 b
416+
417+
418+SB2323- 12 -LRB104 02939 RLC 19420 b SB2323 - 12 - LRB104 02939 RLC 19420 b
419+ SB2323 - 12 - LRB104 02939 RLC 19420 b
420+1 specializing in victim-centered, trauma-informed response to
421+2 victims of human trafficking. Such multi-disciplinary task
422+3 forces may include Metropolitan Enforcement Groups as defined
423+4 in Section 3 of the Intergovernmental Drug Laws Enforcement
424+5 Act.
425+6 (b) The Illinois State Police shall:
426+7 (1) on or before July 1, 2026, develop a strategic
427+8 plan to improve victim-centered, trauma-informed law
428+9 enforcement response to victims of human trafficking
429+10 across the State, in consultation with the Department of
430+11 Human Services, victim-centered, trauma-informed human
431+12 trafficking service providers, local, State, and federal
432+13 law enforcement partners, metropolitan enforcement groups
433+14 (MEG) and task forces, existing federally funded task
434+15 forces, and allied organizations;
435+16 (2) support implementation of a network of
436+17 multi-disciplinary human trafficking task forces (MDHTTF)
437+18 across the State building upon the existing
438+19 multi-disciplinary human trafficking task forces, and in
439+20 partnership with the Department of Human Services,
440+21 victim-centered, trauma-informed human trafficking
441+22 service providers, children's advocacy centers, local,
442+23 State, and federal law enforcement partners, MEGs and
443+24 multi-jurisdictional law enforcement task forces, existing
444+25 federally funded task forces, and allied organizations.
445+26 Each MDHTTF shall include at least one representative from
446+
447+
448+
449+
450+
451+ SB2323 - 12 - LRB104 02939 RLC 19420 b
452+
453+
454+SB2323- 13 -LRB104 02939 RLC 19420 b SB2323 - 13 - LRB104 02939 RLC 19420 b
455+ SB2323 - 13 - LRB104 02939 RLC 19420 b
456+1 each of the following: a local, regional or statewide
457+2 organization which has received specialized training in
458+3 victim-centered, trauma-informed response to victims of
459+4 human trafficking, a local or county law enforcement
460+5 agency, a prosecutor and a children's advocacy center;
461+6 (3) convene representatives from Illinois
462+7 multi-disciplinary human trafficking task forces on a
463+8 quarterly basis to discuss emerging issues, law
464+9 enforcement strategies, and changes to protocols needed to
465+10 hold perpetrators of human trafficking accountable;
466+11 (4) convene an annual statewide conference for
467+12 stakeholders and multi-disciplinary human trafficking task
468+13 forces (MDHTTF) to provide training and discuss strategies
469+14 to reduce and respond to human trafficking in the State in
470+15 partnership with the Department of Human Services with the
471+16 input of victim-centered, trauma-informed human
472+17 trafficking service providers, and subject to
473+18 appropriation;
474+19 (5) create standardized protocols for law enforcement
475+20 investigations and multi-disciplinary response to
476+21 referrals from the National Human Trafficking Hotline,
477+22 other tip-line calls, traffic interdiction of suspected
478+23 traffickers, and other human trafficking victim referrals
479+24 in partnership with the Department of Human Services,
480+25 victim-centered, trauma-informed human trafficking
481+26 service providers, local, State, and federal law
482+
483+
484+
485+
486+
487+ SB2323 - 13 - LRB104 02939 RLC 19420 b
488+
489+
490+SB2323- 14 -LRB104 02939 RLC 19420 b SB2323 - 14 - LRB104 02939 RLC 19420 b
491+ SB2323 - 14 - LRB104 02939 RLC 19420 b
492+1 enforcement partners, MEG and task forces, existing
493+2 federally funded task forces, and allied organizations;
494+3 (6) work with the Illinois Law Enforcement Training
495+4 Standards Board, local law enforcement, victim-centered,
496+5 trauma-informed service providers, and survivor leaders to
497+6 develop, on or before July 1, 2026, curriculum standards
498+7 for law enforcement training on human trafficking;
499+8 (7) on or before July 1, 2026, work with the Illinois
500+9 Law Enforcement Training Standards Board, in consultation
501+10 with the Attorney General, law enforcement agencies, human
502+11 trafficking service providers, and other providers with
503+12 expertise in recognizing and responding to victims of
504+13 human trafficking, to develop and make available to each
505+14 law enforcement agency, comprehensive guidelines for
506+15 creation of a law enforcement agency policy on
507+16 victim-centered, trauma-informed detection,
508+17 investigation, and response to victims of human
509+18 trafficking; and
510+19 (8) provide support for local law enforcement
511+20 encountering victims of human trafficking.
512+21 (c) Reports regarding human trafficking investigations
513+22 received by the Illinois State Police or a multi-disciplinary
514+23 task force under this Section that include the names or other
515+24 identifying information of human trafficking victims shall be
516+25 kept confidential and may not be disclosed by the Illinois
517+26 State Police or a multi-disciplinary task force.
518+
519+
520+
521+
522+
523+ SB2323 - 14 - LRB104 02939 RLC 19420 b
524+
525+
526+SB2323- 15 -LRB104 02939 RLC 19420 b SB2323 - 15 - LRB104 02939 RLC 19420 b
527+ SB2323 - 15 - LRB104 02939 RLC 19420 b
528+1 Section 25. The Illinois Police Training Act is amended by
529+2 changing Sections 2, 10.21 and 10.23 and by adding Section
530+3 10.27 as follows:
531+4 (50 ILCS 705/2) (from Ch. 85, par. 502)
532+5 Sec. 2. Definitions. As used in this Act, unless the
533+6 context otherwise requires:
534+7 "Board" means the Illinois Law Enforcement Training
535+8 Standards Board.
536+9 "Full-time law enforcement officer" means a law
537+10 enforcement officer who has completed the officer's
538+11 probationary period and is employed on a full-time basis as a
539+12 law enforcement officer by a local government agency, State
540+13 government agency, or as a campus police officer by a
541+14 university, college, or community college.
542+15 "Law Enforcement agency" means any entity with statutory
543+16 police powers and the ability to employ individuals authorized
544+17 to make arrests. It does not include the Illinois State Police
545+18 as defined in the State Police Act. A law enforcement agency
546+19 may include any university, college, or community college.
547+20 "Local law enforcement agency" means any law enforcement
548+21 unit of government or municipal corporation in this State. It
549+22 does not include the State of Illinois or any office, officer,
550+23 department, division, bureau, board, commission, or agency of
551+24 the State, except that it does include a State-controlled
552+
553+
554+
555+
556+
557+ SB2323 - 15 - LRB104 02939 RLC 19420 b
558+
559+
560+SB2323- 16 -LRB104 02939 RLC 19420 b SB2323 - 16 - LRB104 02939 RLC 19420 b
561+ SB2323 - 16 - LRB104 02939 RLC 19420 b
562+1 university, college or public community college.
563+2 "State law enforcement agency" means any law enforcement
564+3 agency of this State. This includes any office, officer,
565+4 department, division, bureau, board, commission, or agency of
566+5 the State. It does not include the Illinois State Police as
567+6 defined in the State Police Act.
568+7 "Panel" means the Certification Review Panel.
569+8 "Basic training school" means any school located within
570+9 the State of Illinois whether privately or publicly owned
571+10 which offers a course in basic law enforcement or county
572+11 corrections training and has been approved by the Board.
573+12 "Probationary police officer" means a recruit law
574+13 enforcement officer required to successfully complete initial
575+14 minimum basic training requirements at a basic training school
576+15 to be eligible for permanent full-time employment as a local
577+16 law enforcement officer.
578+17 "Probationary part-time police officer" means a recruit
579+18 part-time law enforcement officer required to successfully
580+19 complete initial minimum part-time training requirements to be
581+20 eligible for employment on a part-time basis as a local law
582+21 enforcement officer.
583+22 "Permanent law enforcement officer" means a law
584+23 enforcement officer who has completed the officer's
587585 24 probationary period and is permanently employed on a full-time
588-25 basis as a county corrections officer by a participating law
589-26 enforcement agency.
590-
591-
592-
593-
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595- SB2323 Engrossed - 17 - LRB104 02939 RLC 19420 b
596-
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599- SB2323 Engrossed - 18 - LRB104 02939 RLC 19420 b
600-1 "County corrections officer" means any sworn officer of
601-2 the sheriff who is primarily responsible for the control and
602-3 custody of offenders, detainees or inmates.
603-4 "Probationary court security officer" means a recruit
604-5 court security officer required to successfully complete
605-6 initial minimum basic training requirements at a designated
606-7 training school to be eligible for employment as a court
607-8 security officer.
608-9 "Permanent court security officer" means a court security
609-10 officer who has completed the officer's probationary period
610-11 and is employed as a court security officer by a participating
611-12 law enforcement agency.
612-13 "Court security officer" has the meaning ascribed to it in
613-14 Section 3-6012.1 of the Counties Code.
614-15 "Trauma" means physical or emotional harm resulting from
615-16 an event, series of events, or set of circumstances that has
616-17 led to lasting adverse effects on an individual's mental,
617-18 physical, social, emotional, and spiritual well-being.
618-19 "Trauma-informed response" means a program, organization,
619-20 or system that is trauma-informed; realizes the widespread
620-21 impact of trauma and understands potential paths for recovery;
621-22 recognizes the signs and symptoms of trauma in clients,
622-23 families, staff, and others involved with the system; and
623-24 responds by fully integrating knowledge about trauma into
624-25 policies, procedures, and practices, and seeks to actively
625-26 avoid re-traumatization and to restore autonomy and stability
626-
627-
628-
629-
630-
631- SB2323 Engrossed - 18 - LRB104 02939 RLC 19420 b
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636-1 to survivors.
637-2 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
638-3 (50 ILCS 705/10.21)
639-4 Sec. 10.21. Training; sexual assault and sexual abuse.
640-5 (a) The Illinois Law Enforcement Training Standards Board
641-6 shall conduct or approve training programs in trauma-informed
642-7 responses and investigations of sexual assault and sexual
643-8 abuse, which include, but is not limited to, the following:
644-9 (1) recognizing the symptoms of trauma;
645-10 (2) understanding the role trauma has played in a
646-11 victim's life;
647-12 (3) responding to the needs and concerns of a victim;
648-13 (4) delivering services in a compassionate, sensitive,
649-14 and nonjudgmental manner;
650-15 (5) interviewing techniques in accordance with the
651-16 curriculum standards in subsection (f) of this Section;
652-17 (6) understanding cultural perceptions and common
653-18 myths of sexual assault and sexual abuse;
654-19 (7) report writing techniques in accordance with the
655-20 curriculum standards in subsection (f) of this Section;
656-21 and
657-22 (8) recognizing special sensitivities of victims due
658-23 to: age, including those under the age of 13; race; color;
659-24 creed; religion; ethnicity; gender; sexual orientation;
660-25 physical or mental disabilities; immigration status;
661-
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671-1 national origin; justice-involvement; past human
672-2 trafficking victimization or involvement in the sex trade;
673-3 or other qualifications; and .
674-4 (9) screening of victims of sexual assault and sexual
675-5 abuse for human trafficking.
676-6 (b) This training must be presented in all full and
677-7 part-time basic law enforcement academies on or before July 1,
678-8 2018.
679-9 (c) Agencies employing law enforcement officers must
680-10 present this training to all law enforcement officers within 3
681-11 years after January 1, 2017 (the effective date of Public Act
682-12 99-801) and must present in-service training on sexual assault
683-13 and sexual abuse response and report writing training
684-14 requirements every 3 years.
685-15 (d) Agencies employing law enforcement officers who
686-16 conduct sexual assault and sexual abuse investigations must
687-17 provide specialized training to these officers on sexual
688-18 assault and sexual abuse investigations within 2 years after
689-19 January 1, 2017 (the effective date of Public Act 99-801) and
690-20 must present in-service training on sexual assault and sexual
691-21 abuse investigations to these officers every 3 years. In
692-22 consultation with a statewide nonprofit, nongovernmental
693-23 organization that represents survivors of sexual violence, the
694-24 training shall include instruction on screening of victims of
695-25 sexual assault and sexual abuse for human trafficking
696-26 victimization.
697-
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707-1 (e) Instructors providing this training shall (1) have
708-2 successfully completed (A) training on evidence-based,
709-3 trauma-informed, victim-centered response to cases of sexual
710-4 assault and sexual abuse and (B) using curriculum for the
711-5 training created in consultation with a statewide nonprofit,
712-6 nongovernmental organization that represents survivors of
713-7 sexual violence, training on screening of victims of sexual
714-8 assault and sexual abuse for human trafficking victimization
715-9 and (2) have experience responding to sexual assault and
716-10 sexual abuse cases.
717-11 (f) The Board shall adopt rules, in consultation with the
718-12 Office of the Illinois Attorney General and the Illinois State
719-13 Police, to determine the specific training requirements for
720-14 these courses, including, but not limited to, the following:
721-15 (1) evidence-based curriculum standards for report
722-16 writing and immediate response to sexual assault and
723-17 sexual abuse, including trauma-informed, victim-centered,
724-18 age sensitive, interview techniques, which have been
725-19 demonstrated to minimize retraumatization, for
726-20 probationary police officers and all law enforcement
727-21 officers; and
728-22 (2) evidence-based curriculum standards for
729-23 trauma-informed, victim-centered, age sensitive
730-24 investigation and interviewing techniques, which have been
731-25 demonstrated to minimize retraumatization, for cases of
732-26 sexual assault and sexual abuse for law enforcement
733-
734-
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736-
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739-
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742- SB2323 Engrossed - 22 - LRB104 02939 RLC 19420 b
743-1 officers who conduct sexual assault and sexual abuse
744-2 investigations.
745-3 (Source: P.A. 102-538, eff. 8-20-21.)
746-4 (50 ILCS 705/10.23)
747-5 Sec. 10.23. Training and curriculum; human trafficking.
748-6 (a) The Board shall work with the Illinois State Police,
749-7 local law enforcement, victim-centered, trauma-informed human
750-8 trafficking service providers, and survivor leaders to
751-9 develop, on or before July 1, 2026, academy and in-service
752-10 curriculum standards for training on victim-centered,
753-11 trauma-informed detection, investigation, and response to
754-12 human trafficking victims certified by the Board.
755-13 (b) The Board shall conduct or approve an in-service
756-14 training program in the detection, and investigation, and
757-15 victim-centered, trauma-informed response to victims of all
758-16 forms of human trafficking, including, but not limited to,
759-17 involuntary servitude under subsection (b) of Section 10-9 of
760-18 the Criminal Code of 2012, involuntary sexual servitude of a
761-19 minor under subsection (c) of Section 10-9 of the Criminal
762-20 Code of 2012, and trafficking in persons under subsection (d)
763-21 of Section 10-9 of the Criminal Code of 2012. This program
764-22 shall be made available to all certified law enforcement,
765-23 correctional, and court security officers.
766-24 (Source: P.A. 101-18, eff. 1-1-20; 102-558, eff. 8-20-21.)
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776- SB2323 Engrossed - 23 - LRB104 02939 RLC 19420 b
777-1 (50 ILCS 705/10.27 new)
778-2 Sec. 10.27. Trauma-informed response to victims of human
779-3 trafficking policies.
780-4 (a) On or before July 1, 2027, every law enforcement
781-5 agency shall develop, adopt, and implement written policies
782-6 detailing procedures for victim-centered, trauma-informed
783-7 detection, investigation and response to victims of human
784-8 trafficking consistent with the guidelines developed under
785-9 subsection (b).
786-10 (b) On or before July 1, 2026, the Board, in consultation
787-11 with the Illinois State Police, local law enforcement
788-12 agencies, human trafficking service providers, and other
789-13 providers with expertise in recognizing and responding to
790-14 victims of human trafficking shall develop and make available
791-15 to each law enforcement agency comprehensive guidelines for
792-16 creation of a law enforcement agency policy on
793-17 trauma-informed, victim-centered detection, investigation,
794-18 and response to victims of human trafficking. These guidelines
795-19 shall include, but not be limited to, the following:
796-20 (1) definitions;
797-21 (2) recognizing human trafficking;
798-22 (3) description of trauma-informed, victim-centered
799-23 response;
800-24 (4) responding officer duties;
801-25 (5) human trafficking investigations;
802-26 (6) protocols for responding to child and youth
803-
804-
805-
806-
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810-
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813-1 victims of human trafficking;
814-2 (7) addressing immediate and emergent needs of
815-3 victims;
816-4 (8) working with survivor advocates and human
817-5 trafficking service providers;
818-6 (9) victim interviews;
819-7 (10) evidence collection;
820-8 (11) supervisor duties;
821-9 (12) suspect interviews;
822-10 (13) witness interviews;
823-11 (14) working with State's Attorneys and prosecutors;
824-12 (15) working with multi-disciplinary teams and federal
825-13 agencies;
826-14 (16) language barriers and interpreters;
827-15 (17) victims' rights;
828-16 (18) considerations for specific populations or
829-17 communities, and
830-18 (19) special needs and tools for victims who are
831-19 foreign nationals.
832-20 Section 30. The Illinois Procurement Code is amended by
833-21 adding Section 25-210 as follows:
834-22 (30 ILCS 500/25-210 new)
835-23 Sec. 25-210. Contracts for the procurement or laundering
836-24 of apparel. Each contractor who contracts with a State agency
837-
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843-
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847-1 for the procurement or laundering of apparel shall certify
848-2 that no work was provided through the use of forced labor or
849-3 exploitation.
850-4 Section 35. The Children's Advocacy Center Act is amended
851-5 by changing Section 4 as follows:
852-6 (55 ILCS 80/4) (from Ch. 23, par. 1804)
853-7 Sec. 4. Children's Advocacy Center.
854-8 (a) A CAC may be established to coordinate the activities
855-9 of the various agencies involved in the investigation,
856-10 prosecution and treatment of child maltreatment. The
857-11 individual county or regional Advisory Board shall set the
858-12 written protocol of the CAC within the appropriate
859-13 jurisdiction. The operation of the CAC may be funded through
860-14 public or private grants, contracts, donations, fees, and
861-15 other available sources under this Act. Each CAC shall operate
862-16 to the best of its ability in accordance with available
863-17 funding. In counties in which a referendum has been adopted
864-18 under Section 5 of this Act, the Advisory Board, by the
865-19 majority vote of its members, shall submit a proposed annual
866-20 budget for the operation of the CAC to the county board, which
867-21 shall appropriate funds and levy a tax sufficient to operate
868-22 the CAC. The county board in each county in which a referendum
869-23 has been adopted shall establish a Children's Advocacy Center
870-24 Fund and shall deposit the net proceeds of the tax authorized
871-
872-
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881-1 by Section 6 of this Act in that Fund, which shall be kept
882-2 separate from all other county funds and shall only be used for
883-3 the purposes of this Act.
884-4 (b) The Advisory Board shall pay from the Children's
885-5 Advocacy Center Fund or from other available funds the
886-6 salaries of all employees of the Center and the expenses of
887-7 acquiring a physical plant for the Center by construction or
888-8 lease and maintaining the Center, including the expenses of
889-9 administering the coordination of the investigation,
890-10 prosecution and treatment referral of child maltreatment under
891-11 the provisions of the protocol adopted pursuant to this Act.
892-12 (b-1) Recognizing the pivotal role of CACs in providing
893-13 comprehensive support to trafficked children and youth, each
894-14 CAC shall:
895-15 (1) ensure that each county's multi-disciplinary team
896-16 protocol includes a response to allegations of human
897-17 trafficking;
898-18 (2) increase the capacity of each multi-disciplinary
899-19 team to identify, assess, and serve trafficked children
900-20 and youth;
901-21 (3) facilitate collaboration between the CAC, law
902-22 enforcement, child welfare agencies, health care
903-23 providers, and other pertinent stakeholders to ensure a
904-24 synchronized and trauma-informed response to trafficked
905-25 children and youth;
906-26 (4) ensure all CAC employees and contractors treating,
907-
908-
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913-
914-
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916- SB2323 Engrossed - 27 - LRB104 02939 RLC 19420 b
917-1 interviewing, or coming in contact with victims receive
918-2 training on victim-centered, trauma-informed response to
919-3 child and youth victims of human trafficking, including
920-4 identifying and addressing the unique needs of trafficked
921-5 children and youth, thereby enabling access to appropriate
922-6 support services and legal remedies; and
923-7 (5) work with the Department of Human Services to
924-8 establish standards for victim-centered, trauma-informed
925-9 training for CACs and members of multi-disciplinary teams.
926-10 (c) Every CAC shall include at least the following
927-11 components:
928-12 (1) A multidisciplinary, coordinated systems approach
929-13 to the investigation of child maltreatment which shall
930-14 include, at a minimum:
931-15 (i) an interagency notification procedure;
932-16 (ii) a policy on multidisciplinary team
933-17 collaboration and communication that requires MDT
934-18 members share information pertinent to investigations
935-19 and the safety of children;
936-20 (iii) (blank);
937-21 (iv) a description of the role each agency has in
938-22 responding to a referral for services in an individual
939-23 case;
940-24 (v) a dispute resolution process between the
941-25 involved agencies when a conflict arises on how to
942-26 proceed on the referral of a particular case;
943-
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945-
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953-1 (vi) a process for the CAC to assist in the
954-2 forensic interview of children that witness alleged
955-3 crimes;
956-4 (vii) a child-friendly, trauma informed space for
957-5 children and their non-offending family members;
958-6 (viii) an MDT approach including law enforcement,
959-7 prosecution, medical, mental health, victim advocacy,
960-8 and other community resources;
961-9 (ix) medical evaluation on-site or off-site
962-10 through referral;
963-11 (x) mental health services on-site or off-site
964-12 through referral;
965-13 (xi) on-site forensic interviews;
966-14 (xii) culturally competent services;
967-15 (xiii) case tracking and review;
968-16 (xiv) case staffing on each investigation;
969-17 (xv) effective organizational capacity; and
970-18 (xvi) a policy or procedure to familiarize a child
971-19 and his or her non-offending family members or
972-20 guardians with the court process as well as
973-21 preparations for testifying in court, if necessary;
974-22 (2) A safe, separate space with assigned personnel
975-23 designated for the investigation and coordination of child
976-24 maltreatment cases;
977-25 (3) A multidisciplinary case review process for
978-26 purposes of decision-making, problem solving, systems
979-
980-
981-
982-
983-
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985-
986-
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989-1 coordination, and information sharing;
990-2 (4) A comprehensive client tracking system to receive
991-3 and coordinate information concerning child maltreatment
992-4 cases from each participating agency;
993-5 (5) Multidisciplinary specialized training for all
994-6 professionals involved with the victims and non-offending
995-7 family members in child maltreatment cases; and
996-8 (6) A process for evaluating the effectiveness of the
997-9 CAC and its operations.
998-10 (d) In the event that a CAC has been established as
999-11 provided in this Section, the Advisory Board of that CAC may,
1000-12 by a majority vote of the members, authorize the CAC to
1001-13 coordinate the activities of the various agencies involved in
1002-14 the investigation, prosecution, and treatment referral in
1003-15 cases of serious or fatal injury to a child. For CACs receiving
1004-16 funds under Section 5 or 6 of this Act, the Advisory Board
1005-17 shall provide for the financial support of these activities in
1006-18 a manner similar to that set out in subsections (a) and (b) of
1007-19 this Section and shall be allowed to submit a budget that
1008-20 includes support for physical abuse and neglect activities to
1009-21 the County Board, which shall appropriate funds that may be
1010-22 available under Section 5 of this Act. In cooperation with the
1011-23 Department of Children and Family Services Child Death Review
1012-24 Teams, the Department of Children and Family Services Office
1013-25 of the Inspector General, and other stakeholders, this
1014-26 protocol must be initially implemented in selected counties to
1015-
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1017-
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1021-
1022-
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1025-1 the extent that State appropriations or funds from other
1026-2 sources for this purpose allow.
1027-3 (e) CACI may also provide technical assistance and
1028-4 guidance to the Advisory Boards.
1029-5 (f) In this Section:
1030-6 "Child" or "children" refers to persons under 18 years of
1031-7 age.
1032-8 "Youth" means persons between the ages of 18 and 24 years.
1033-9 (Source: P.A. 98-809, eff. 1-1-15; 99-78, eff. 7-20-15.)
1034-10 Section 40. The Juvenile Court Act of 1987 is amended by
1035-11 adding Section 5-175 as follows:
1036-12 (705 ILCS 405/5-175 new)
1037-13 Sec. 5-175. Minor accused of status offense or
1038-14 misdemeanor. It is an affirmative defense to any status or
1039-15 misdemeanor offense that would not be illegal if committed by
1040-16 an adult that a minor who is a victim of an offense defined in
1041-17 Section 10-9 of the Criminal Code of 2012 committed the status
1042-18 or misdemeanor offense during the course of or as a result of
1043-19 the minor's status as a victim of an offense defined in Section
1044-20 10-9 of that Code.
1045-21 Section 45. The Criminal Code of 2012 is amended by
1046-22 changing Section 10-9 as follows:
1047-
1048-
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1053-
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1056- SB2323 Engrossed - 31 - LRB104 02939 RLC 19420 b
1057-1 (720 ILCS 5/10-9)
1058-2 Sec. 10-9. Trafficking in persons, involuntary servitude,
1059-3 and related offenses.
1060-4 (a) Definitions. In this Section:
1061-5 (1) "Intimidation" has the meaning prescribed in Section
1062-6 12-6.
1063-7 (2) "Commercial sexual activity" means any sex act on
1064-8 account of which anything of value is given, promised to, or
1065-9 received by any person.
1066-10 (2.5) "Company" means any sole proprietorship,
1067-11 organization, association, corporation, partnership, joint
1068-12 venture, limited partnership, limited liability partnership,
1069-13 limited liability limited partnership, limited liability
1070-14 company, or other entity or business association, including
1071-15 all wholly owned subsidiaries, majority-owned subsidiaries,
1072-16 parent companies, or affiliates of those entities or business
1073-17 associations, that exist for the purpose of making profit.
1074-18 (3) "Financial harm" includes intimidation that brings
1075-19 about financial loss, criminal usury, or employment contracts
1076-20 that violate the Frauds Act.
1077-21 (4) (Blank).
1078-22 (5) "Labor" means work of economic or financial value.
1079-23 (6) "Maintain" means, in relation to labor or services, to
1080-24 secure continued performance thereof, regardless of any
1081-25 initial agreement on the part of the victim to perform that
1082-26 type of service.
1083-
1084-
1085-
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1093-1 (7) "Obtain" means, in relation to labor or services, to
1094-2 secure performance thereof.
1095-3 (7.5) "Serious harm" means any harm, whether physical or
1096-4 nonphysical, including psychological, financial, or
1097-5 reputational harm, that is sufficiently serious, under all the
1098-6 surrounding circumstances, to compel a reasonable person of
1099-7 the same background and in the same circumstances to perform
1100-8 or to continue performing labor or services in order to avoid
1101-9 incurring that harm.
1102-10 (8) "Services" means activities resulting from a
1103-11 relationship between a person and the actor in which the
1104-12 person performs activities under the supervision of or for the
1105-13 benefit of the actor. Commercial sexual activity and
1106-14 sexually-explicit performances are forms of activities that
1107-15 are "services" under this Section. Nothing in this definition
1108-16 may be construed to legitimize or legalize prostitution.
1109-17 (9) "Sexually-explicit performance" means a live,
1110-18 recorded, broadcast (including over the Internet), or public
1111-19 act or show intended to arouse or satisfy the sexual desires or
1112-20 appeal to the prurient interests of patrons.
1113-21 (10) "Trafficking victim" means a person subjected to the
1114-22 practices set forth in subsection (b), (c), or (d).
1115-23 (b) Involuntary servitude. A person commits involuntary
1116-24 servitude when he or she knowingly subjects, attempts to
1117-25 subject, or engages in a conspiracy to subject another person
1118-26 to labor or services obtained or maintained through any of the
1119-
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1129-1 following means, or any combination of these means:
1130-2 (1) causes or threatens to cause physical harm to any
1131-3 person;
1132-4 (2) physically restrains or threatens to physically
1133-5 restrain another person;
1134-6 (3) abuses or threatens to abuse the law or legal
1135-7 process;
1136-8 (4) attempts to or knowingly destroys, conceals,
1137-9 removes, confiscates, or possesses any actual or purported
1138-10 passport or other immigration document, or any other
1139-11 actual or purported government identification document, of
1140-12 another person;
1141-13 (5) uses intimidation, abuses a position of trust,
1142-14 authority, or supervision in relation to the victim,
1143-15 through the use or deprivation of any alcoholic
1144-16 intoxicant, a drug as defined or used in the Illinois
1145-17 Controlled Substances Act or the Cannabis Control Act, or
1146-18 methamphetamine as defined in the Methamphetamine Control
1147-19 and Community Protection Act, or exerts financial control
1148-20 over any person; or
1149-21 (6) uses any scheme, plan, or pattern intended to
1150-22 cause the person to believe that, if the person did not
1151-23 perform the labor or services, that person or another
1152-24 person would suffer serious harm or physical restraint.
1153-25 Sentence. Except as otherwise provided in subsection (e)
1154-26 or (f), a violation of subsection (b)(1) is a Class X felony,
1155-
1156-
1157-
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1165-1 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
1166-2 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
1167-3 (c) Involuntary sexual servitude of a minor. A person
1168-4 commits involuntary sexual servitude of a minor when he or she
1169-5 knowingly recruits, entices, harbors, transports, provides, or
1170-6 obtains by any means, or attempts to recruit, entice, harbor,
1171-7 provide, or obtain by any means, another person under 18 years
1172-8 of age, knowing that the minor will engage in commercial
1173-9 sexual activity, a sexually-explicit performance, or the
1174-10 production of pornography, or causes or attempts to cause a
1175-11 minor to engage in one or more of those activities and:
1176-12 (1) there is no overt force or threat and the minor is
1177-13 between the ages of 17 and 18 years;
1178-14 (2) there is no overt force or threat and the minor is
1179-15 under the age of 17 years; or
1180-16 (3) there is overt force or threat.
1181-17 Sentence. Except as otherwise provided in subsection (e)
1182-18 or (f), a violation of subsection (c)(1) is a Class 1 felony,
1183-19 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
1184-20 (d) Trafficking in persons. A person commits trafficking
1185-21 in persons when he or she knowingly: (1) recruits, entices,
1186-22 harbors, transports, provides, or obtains by any means, or
1187-23 attempts to recruit, entice, harbor, transport, provide, or
1188-24 obtain by any means, another person, intending or knowing that
1189-25 the person will be subjected to involuntary servitude; or (2)
1190-26 benefits, financially or by receiving anything of value, from
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1201-1 participation in a venture that has engaged in an act of
1202-2 involuntary servitude or involuntary sexual servitude of a
1203-3 minor. A company commits trafficking in persons when the
1204-4 company knowingly benefits, financially or by receiving
1205-5 anything of value, from participation in a venture that has
1206-6 engaged in an act of involuntary servitude or involuntary
1207-7 sexual servitude of a minor.
1208-8 Sentence. Except as otherwise provided in subsection (e)
1209-9 or (f), a violation of this subsection by a person is a Class 1
1210-10 felony. A violation of this subsection by a company is a
1211-11 business offense for which a fine of up to $100,000 may be
1212-12 imposed.
1213-13 (e) Aggravating factors. A violation of this Section
1214-14 involving kidnapping or an attempt to kidnap, aggravated
1215-15 criminal sexual assault or an attempt to commit aggravated
1216-16 criminal sexual assault, or an attempt to commit first degree
1217-17 murder is a Class X felony.
1218-18 (f) Sentencing considerations.
1219-19 (1) Bodily injury. If, pursuant to a violation of this
1220-20 Section, a victim suffered bodily injury, the defendant
1221-21 may be sentenced to an extended-term sentence under
1222-22 Section 5-8-2 of the Unified Code of Corrections. The
1223-23 sentencing court must take into account the time in which
1224-24 the victim was held in servitude, with increased penalties
1225-25 for cases in which the victim was held for between 180 days
1226-26 and one year, and increased penalties for cases in which
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1237-1 the victim was held for more than one year.
1238-2 (2) Number of victims. In determining sentences within
1239-3 statutory maximums, the sentencing court should take into
1240-4 account the number of victims, and may provide for
1241-5 substantially increased sentences in cases involving more
1242-6 than 10 victims.
1243-7 (3) Age of victim. In determining sentences, the
1244-8 sentencing court shall take into account the age of the
1245-9 victim or victims.
1246-10 (g) Restitution. Restitution is mandatory under this
1247-11 Section. In addition to any other amount of loss identified,
1248-12 the court shall order restitution including the greater of (1)
1249-13 the gross income or value to the defendant of the victim's
1250-14 labor or services or (2) the value of the victim's labor as
1251-15 guaranteed under the Minimum Wage Law and overtime provisions
1252-16 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
1253-17 whichever is greater.
1254-18 (g-5) Fine distribution. If the court imposes a fine under
1255-19 subsection (b), (c), or (d) of this Section, it shall be
1256-20 collected and distributed to the Specialized Services for
1257-21 Survivors of Human Trafficking Fund in accordance with Section
1258-22 5-9-1.21 of the Unified Code of Corrections.
1259-23 (h) Trafficking victim services. Subject to the
1260-24 availability of funds, the Department of Human Services may
1261-25 provide or fund emergency services and assistance to
1262-26 individuals who are victims of one or more offenses defined in
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1273-1 this Section.
1274-2 (i) Certification. The Attorney General, a State's
1275-3 Attorney, or any law enforcement official shall certify in
1276-4 writing to the United States Department of Justice or other
1277-5 federal agency, such as the United States Department of
1278-6 Homeland Security, that an investigation or prosecution under
1279-7 this Section has begun and the individual who is a likely
1280-8 victim of a crime described in this Section is willing to
1281-9 cooperate or is cooperating with the investigation to enable
1282-10 the individual, if eligible under federal law, to qualify for
1283-11 an appropriate special immigrant visa and to access available
1284-12 federal benefits. Cooperation with law enforcement shall not
1285-13 be required of victims of a crime described in this Section who
1286-14 are under 18 years of age. This certification shall be made
1287-15 available to the victim and his or her designated legal
1288-16 representative.
1289-17 (j) A person who commits involuntary servitude,
1290-18 involuntary sexual servitude of a minor, or trafficking in
1291-19 persons under subsection (b), (c), or (d) of this Section is
1292-20 subject to the property forfeiture provisions set forth in
1293-21 Article 124B of the Code of Criminal Procedure of 1963.
1294-22 (Source: P.A. 101-18, eff. 1-1-20.)
1295-23 Section 50. The Code of Criminal Procedure of 1963 is
1296-24 amended by changing Sections 106B-5 and 115-10 as follows:
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1307-1 (725 ILCS 5/106B-5)
1308-2 Sec. 106B-5. Testimony by a victim who is a child or a
1309-3 person with a moderate, severe, or profound intellectual
1310-4 disability or a person affected by a developmental disability.
1311-5 (a) In a proceeding in the prosecution of an offense of
1312-6 criminal sexual assault, predatory criminal sexual assault of
1313-7 a child, aggravated criminal sexual assault, criminal sexual
1314-8 abuse, aggravated criminal sexual abuse, aggravated battery,
1315-9 or aggravated domestic battery, trafficking in persons,
1316-10 involuntary servitude, or involuntary sexual servitude of a
1317-11 minor, a court may order that the testimony of a victim who is
1318-12 a child under the age of 18 years or a person with a moderate,
1319-13 severe, or profound intellectual disability or a person
1320-14 affected by a developmental disability be taken outside the
1321-15 courtroom and shown in the courtroom by means of a closed
1322-16 circuit television if:
1323-17 (1) the testimony is taken during the proceeding; and
1324-18 (2) the judge determines that testimony by the child
1325-19 victim or victim with a moderate, severe, or profound
1326-20 intellectual disability or victim affected by a
1327-21 developmental disability in the courtroom will result in
1328-22 the child or person with a moderate, severe, or profound
1329-23 intellectual disability or person affected by a
1330-24 developmental disability suffering serious emotional
1331-25 distress such that the child or person with a moderate,
1332-26 severe, or profound intellectual disability or person
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1343-1 affected by a developmental disability cannot reasonably
1344-2 communicate or that the child or person with a moderate,
1345-3 severe, or profound intellectual disability or person
1346-4 affected by a developmental disability will suffer severe
1347-5 emotional distress that is likely to cause the child or
1348-6 person with a moderate, severe, or profound intellectual
1349-7 disability or person affected by a developmental
1350-8 disability to suffer severe adverse effects.
1351-9 (b) Only the prosecuting attorney, the attorney for the
1352-10 defendant, and the judge may question the child or person with
1353-11 a moderate, severe, or profound intellectual disability or
1354-12 person affected by a developmental disability.
1355-13 (c) The operators of the closed circuit television shall
1356-14 make every effort to be unobtrusive.
1357-15 (d) Only the following persons may be in the room with the
1358-16 child or person with a moderate, severe, or profound
1359-17 intellectual disability or person affected by a developmental
1360-18 disability when the child or person with a moderate, severe,
1361-19 or profound intellectual disability or person affected by a
1362-20 developmental disability testifies by closed circuit
1363-21 television:
1364-22 (1) the prosecuting attorney;
1365-23 (2) the attorney for the defendant;
1366-24 (3) the judge;
1367-25 (4) the operators of the closed circuit television
1368-26 equipment; and
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1379-1 (5) any person or persons whose presence, in the
1380-2 opinion of the court, contributes to the well-being of the
1381-3 child or person with a moderate, severe, or profound
1382-4 intellectual disability or person affected by a
1383-5 developmental disability, including a person who has dealt
1384-6 with the child in a therapeutic setting concerning the
1385-7 abuse, a parent or guardian of the child or person with a
1386-8 moderate, severe, or profound intellectual disability or
1387-9 person affected by a developmental disability, and court
1388-10 security personnel.
1389-11 (e) During the child's or person with a moderate, severe,
1390-12 or profound intellectual disability or person affected by a
1391-13 developmental disability's testimony by closed circuit
1392-14 television, the defendant shall be in the courtroom and shall
1393-15 not communicate with the jury if the cause is being heard
1394-16 before a jury.
1395-17 (f) The defendant shall be allowed to communicate with the
1396-18 persons in the room where the child or person with a moderate,
1397-19 severe, or profound intellectual disability or person affected
1398-20 by a developmental disability is testifying by any appropriate
1399-21 electronic method.
1400-22 (f-5) There is a rebuttable presumption that the testimony
1401-23 of a victim who is a child under 13 years of age shall testify
1402-24 outside the courtroom and the child's testimony shall be shown
1403-25 in the courtroom by means of a closed circuit television. This
1404-26 presumption may be overcome if the defendant can prove by
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1415-1 clear and convincing evidence that the child victim will not
1416-2 suffer severe emotional distress.
1417-3 (f-6) Before the court permits the testimony of a victim
1418-4 outside the courtroom that is to be shown in the courtroom by
1419-5 means of a closed circuit television, the court must make a
1420-6 finding that the testimony by means of closed circuit
1421-7 television does not prejudice the defendant.
1422-8 (g) The provisions of this Section do not apply if the
1423-9 defendant represents himself pro se.
1424-10 (h) This Section may not be interpreted to preclude, for
1425-11 purposes of identification of a defendant, the presence of
1426-12 both the victim and the defendant in the courtroom at the same
1427-13 time.
1428-14 (i) This Section applies to prosecutions pending on or
1429-15 commenced on or after the effective date of this amendatory
1430-16 Act of 1994.
1431-17 (j) For the purposes of this Section, "developmental
1432-18 disability" includes, but is not limited to, cerebral palsy,
1433-19 epilepsy, and autism.
1434-20 (Source: P.A. 103-164, eff. 1-1-24.)
1435-21 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
1436-22 Sec. 115-10. Certain hearsay exceptions.
1437-23 (a) In a prosecution for a physical or sexual act
1438-24 perpetrated upon or against a child under the age of 13, a
1439-25 person with an intellectual disability, a person with a
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1450-1 cognitive impairment, or a person with a developmental
1451-2 disability, including, but not limited to, prosecutions for
1452-3 violations of Sections 11-1.20 through 11-1.60 or 12-13
1453-4 through 12-16 of the Criminal Code of 1961 or the Criminal Code
1454-5 of 2012 and prosecutions for violations of Sections 10-1
1455-6 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful
1456-7 restraint), 10-3.1 (aggravated unlawful restraint), 10-4
1457-8 (forcible detention), 10-5 (child abduction), 10-6 (harboring
1458-9 a runaway), 10-7 (aiding or abetting child abduction), 10-9
1459-10 (trafficking in persons, involuntary servitude, and related
1460-11 offenses), 11-9 (public indecency), 11-11 (sexual relations
1461-12 within families), 11-21 (harmful material), 12-1 (assault),
1462-13 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic
1463-14 battery), 12-3.3 (aggravated domestic battery), 12-3.05 or
1464-15 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2
1465-16 (aggravated battery with a firearm), 12-4.3 (aggravated
1466-17 battery of a child), 12-4.7 (drug induced infliction of great
1467-18 bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
1468-19 12-6.1 or 12-6.5 (compelling organization membership of
1469-20 persons), 12-7.1 (hate crime), 12-7.3 (stalking), 12-7.4
1470-21 (aggravated stalking), 12-10 or 12C-35 (tattooing the body of
1471-22 a minor), 12-11 or 19-6 (home invasion), 12-21.5 or 12C-10
1472-23 (child abandonment), 12-21.6 or 12C-5 (endangering the life or
1473-24 health of a child) or 12-32 (ritual mutilation) of the
1474-25 Criminal Code of 1961 or the Criminal Code of 2012 or any sex
1475-26 offense as defined in subsection (B) of Section 2 of the Sex
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1486-1 Offender Registration Act, the following evidence shall be
1487-2 admitted as an exception to the hearsay rule:
1488-3 (1) testimony by the victim of an out of court
1489-4 statement made by the victim that he or she complained of
1490-5 such act to another; and
1491-6 (2) testimony of an out of court statement made by the
1492-7 victim describing any complaint of such act or matter or
1493-8 detail pertaining to any act which is an element of an
1494-9 offense which is the subject of a prosecution for a sexual
1495-10 or physical act against that victim.
1496-11 (b) Such testimony shall only be admitted if:
1497-12 (1) The court finds in a hearing conducted outside the
1498-13 presence of the jury that the time, content, and
1499-14 circumstances of the statement provide sufficient
1500-15 safeguards of reliability; and
1501-16 (2) The child or person with an intellectual
1502-17 disability, a cognitive impairment, or developmental
1503-18 disability either:
1504-19 (A) testifies at the proceeding; or
1505-20 (B) is unavailable as a witness and there is
1506-21 corroborative evidence of the act which is the subject
1507-22 of the statement; and
1508-23 (3) In a case involving an offense perpetrated against
1509-24 a child under the age of 13, the out of court statement was
1510-25 made before the victim attained 13 years of age or within 3
1511-26 months after the commission of the offense, whichever
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1522-1 occurs later, but the statement may be admitted regardless
1523-2 of the age of the victim at the time of the proceeding.
1524-3 (c) If a statement is admitted pursuant to this Section,
1525-4 the court shall instruct the jury that it is for the jury to
1526-5 determine the weight and credibility to be given the statement
1527-6 and that, in making the determination, it shall consider the
1528-7 age and maturity of the child, or the intellectual
1529-8 capabilities of the person with an intellectual disability, a
1530-9 cognitive impairment, or developmental disability, the nature
1531-10 of the statement, the circumstances under which the statement
1532-11 was made, and any other relevant factor.
1533-12 (d) The proponent of the statement shall give the adverse
1534-13 party reasonable notice of his intention to offer the
1535-14 statement and the particulars of the statement.
1536-15 (e) Statements described in paragraphs (1) and (2) of
1537-16 subsection (a) shall not be excluded on the basis that they
1538-17 were obtained as a result of interviews conducted pursuant to
1539-18 a protocol adopted by a Child Advocacy Advisory Board as set
1540-19 forth in subsections (c), (d), and (e) of Section 3 of the
1541-20 Children's Advocacy Center Act or that an interviewer or
1542-21 witness to the interview was or is an employee, agent, or
1543-22 investigator of a State's Attorney's office.
1544-23 (f) For the purposes of this Section:
1545-24 "Person with a cognitive impairment" means a person with a
1546-25 significant impairment of cognition or memory that represents
1547-26 a marked deterioration from a previous level of function.
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1558-1 Cognitive impairment includes, but is not limited to,
1559-2 dementia, amnesia, delirium, or a traumatic brain injury.
1560-3 "Person with a developmental disability" means a person
1561-4 with a disability that is attributable to (1) an intellectual
1562-5 disability, cerebral palsy, epilepsy, or autism, or (2) any
1563-6 other condition that results in an impairment similar to that
1564-7 caused by an intellectual disability and requires services
1565-8 similar to those required by a person with an intellectual
1566-9 disability.
1567-10 "Person with an intellectual disability" means a person
1568-11 with significantly subaverage general intellectual functioning
1569-12 which exists concurrently with an impairment in adaptive
1570-13 behavior.
1571-14 (Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;
1572-15 100-201, eff. 8-18-17.)
1573-16 Section 55. The Sexual Assault Incident Procedure Act is
1574-17 amended by changing Section 10 as follows:
1575-18 (725 ILCS 203/10)
1576-19 Sec. 10. Definitions. In this Act:
1577-20 "Board" means the Illinois Law Enforcement Training
1578-21 Standards Board.
1579-22 "Evidence-based, trauma-informed, victim-centered" means
1580-23 policies, procedures, programs, and practices that have been
1581-24 demonstrated to minimize retraumatization associated with the
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1592-1 criminal justice process by recognizing the presence of trauma
1593-2 symptoms and acknowledging the role that trauma has played in
1594-3 a sexual assault or sexual abuse victim's life and focusing on
1595-4 the needs and concerns of a victim that ensures compassionate
1596-5 and sensitive delivery of services in a nonjudgmental manner.
1597-6 "Human trafficking" means a violation or attempted
1598-7 violation of Section 10-9 of the Criminal Code of 2012. "Human
1599-8 trafficking" includes trafficking of children and adults for
1600-9 both labor and sex services.
1601-10 "Law enforcement agency having jurisdiction" means the law
1602-11 enforcement agency in the jurisdiction where an alleged sexual
1603-12 assault or sexual abuse occurred.
1604-13 "Sexual assault evidence" means evidence collected in
1605-14 connection with a sexual assault or sexual abuse
1606-15 investigation, including, but not limited to, evidence
1607-16 collected using the Illinois State Police Sexual Assault
1608-17 Evidence Collection Kit as defined in Section 1a of the Sexual
1609-18 Assault Survivors Emergency Treatment Act.
1610-19 "Sexual assault or sexual abuse" means an act of
1611-20 nonconsensual sexual conduct or sexual penetration, as defined
1612-21 in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
1613-22 of the Criminal Code of 2012, including, without limitation,
1614-23 acts prohibited under Sections 12-13 through 12-16 of the
1615-24 Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
1616-25 the Criminal Code of 2012.
1617-26 (Source: P.A. 99-801, eff. 1-1-17.)
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1628-1 Section 60. The State's Attorneys Appellate Prosecutor's
1629-2 Act is amended by adding Section 4.13 as follows:
1630-3 (725 ILCS 210/4.13 new)
1631-4 Sec. 4.13. Prosecutorial support for State's Attorneys
1632-5 prosecuting human traffickers.
1633-6 (a) The Office shall provide prosecutorial support for
1634-7 State's Attorneys prosecuting human traffickers. Working with
1635-8 national and State subject matter experts, the Office shall
1636-9 develop and provide training for State's Attorneys in
1637-10 victim-centered, trauma-informed prosecution of human
1638-11 trafficking cases.
1639-12 (b) Training for prosecutors shall include, but not be
1640-13 limited to the following:
1641-14 (1) definitions;
1642-15 (2) sex trafficking and labor trafficking;
1643-16 (3) state human trafficking laws;
1644-17 (4) federal human trafficking laws;
1645-18 (5) elements of a trauma-informed, victim-centered
1646-19 response and understanding the impacts of trauma on victim
1647-20 response;
1648-21 (6) identifying human trafficking victims;
1649-22 (7) victim recruitment;
1650-23 (8) human trafficking myths and misconceptions;
1651-24 (9) human trafficking investigations and gang
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1662-1 involvement in human trafficking;
1663-2 (10) protocols for responding to minor and youth
1664-3 victims of human trafficking;
1665-4 (11) working with human trafficking victims and the
1666-5 prosecutor-victim relationship;
1667-6 (12) role of survivor advocates and human trafficking
1668-7 treatment providers;
1669-8 (13) risk assessment and safety planning;
1670-9 (14) victim interviews;
1671-10 (15) evidence collection and virtual case
1672-11 investigation;
1673-12 (16) charging, arraignment, and evidentiary hearings,
1674-13 assessing culpability, and forced criminality;
1675-14 (17) trial issues and strategies;
1676-15 (18) dealing with witness intimidation;
1677-16 (19) working with multi-disciplinary teams and federal
1678-17 agencies;
1679-18 (20) language barriers and use of interpreters;
1680-19 (21) victims' rights;
1681-20 (22) considerations for specific populations or
1682-21 communities; and
1683-22 (23) special needs and tools for victims who are
1684-23 foreign nationals.
1685-24 (c) In this Act, "human trafficking" means a violation or
1686-25 attempted violation of Section 10-9 of the Criminal Code of
1687-26 2012. "Human trafficking" includes trafficking of children and
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1698-1 adults for both labor and sex services.
1699-2 Section 65. The Unified Code of Corrections is amended by
1700-3 changing Sections 3-2-2 and 3-2.5-15 as follows:
1701-4 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
1702-5 Sec. 3-2-2. Powers and duties of the Department.
1703-6 (1) In addition to the powers, duties, and
1704-7 responsibilities which are otherwise provided by law, the
1705-8 Department shall have the following powers:
1706-9 (a) To accept persons committed to it by the courts of
1707-10 this State for care, custody, treatment, and
1708-11 rehabilitation, and to accept federal prisoners and
1709-12 noncitizens over whom the Office of the Federal Detention
1710-13 Trustee is authorized to exercise the federal detention
1711-14 function for limited purposes and periods of time.
1712-15 (b) To develop and maintain reception and evaluation
1713-16 units for purposes of analyzing the custody and
1714-17 rehabilitation needs of persons committed to it and to
1715-18 assign such persons to institutions and programs under its
1716-19 control or transfer them to other appropriate agencies. In
1717-20 consultation with the Department of Alcoholism and
1718-21 Substance Abuse (now the Department of Human Services),
1719-22 the Department of Corrections shall develop a master plan
1720-23 for the screening and evaluation of persons committed to
1721-24 its custody who have alcohol or drug abuse problems, and
1722-
1723-
1724-
1725-
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1728-
1729-
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1731- SB2323 Engrossed - 50 - LRB104 02939 RLC 19420 b
1732-1 for making appropriate treatment available to such
1733-2 persons; the Department shall report to the General
1734-3 Assembly on such plan not later than April 1, 1987. The
1735-4 maintenance and implementation of such plan shall be
1736-5 contingent upon the availability of funds.
1737-6 (b-1) To create and implement, on January 1, 2002, a
1738-7 pilot program to establish the effectiveness of
1739-8 pupillometer technology (the measurement of the pupil's
1740-9 reaction to light) as an alternative to a urine test for
1741-10 purposes of screening and evaluating persons committed to
1742-11 its custody who have alcohol or drug problems. The pilot
1743-12 program shall require the pupillometer technology to be
1744-13 used in at least one Department of Corrections facility.
1745-14 The Director may expand the pilot program to include an
1746-15 additional facility or facilities as he or she deems
1747-16 appropriate. A minimum of 4,000 tests shall be included in
1748-17 the pilot program. The Department must report to the
1749-18 General Assembly on the effectiveness of the program by
1750-19 January 1, 2003.
1751-20 (b-5) To develop, in consultation with the Illinois
1752-21 State Police, a program for tracking and evaluating each
1753-22 inmate from commitment through release for recording his
1754-23 or her gang affiliations, activities, or ranks.
1755-24 (c) To maintain and administer all State correctional
1756-25 institutions and facilities under its control and to
1757-26 establish new ones as needed. Pursuant to its power to
1758-
1759-
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1764-
1765-
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1768-1 establish new institutions and facilities, the Department
1769-2 may, with the written approval of the Governor, authorize
1770-3 the Department of Central Management Services to enter
1771-4 into an agreement of the type described in subsection (d)
1772-5 of Section 405-300 of the Department of Central Management
1773-6 Services Law. The Department shall designate those
1774-7 institutions which shall constitute the State Penitentiary
1775-8 System. The Department of Juvenile Justice shall maintain
1776-9 and administer all State youth centers pursuant to
1777-10 subsection (d) of Section 3-2.5-20.
1778-11 Pursuant to its power to establish new institutions
1779-12 and facilities, the Department may authorize the
1780-13 Department of Central Management Services to accept bids
1781-14 from counties and municipalities for the construction,
1782-15 remodeling, or conversion of a structure to be leased to
1783-16 the Department of Corrections for the purposes of its
1784-17 serving as a correctional institution or facility. Such
1785-18 construction, remodeling, or conversion may be financed
1786-19 with revenue bonds issued pursuant to the Industrial
1787-20 Building Revenue Bond Act by the municipality or county.
1788-21 The lease specified in a bid shall be for a term of not
1789-22 less than the time needed to retire any revenue bonds used
1790-23 to finance the project, but not to exceed 40 years. The
1791-24 lease may grant to the State the option to purchase the
1792-25 structure outright.
1793-26 Upon receipt of the bids, the Department may certify
1794-
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1801-
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1804-1 one or more of the bids and shall submit any such bids to
1805-2 the General Assembly for approval. Upon approval of a bid
1806-3 by a constitutional majority of both houses of the General
1807-4 Assembly, pursuant to joint resolution, the Department of
1808-5 Central Management Services may enter into an agreement
1809-6 with the county or municipality pursuant to such bid.
1810-7 (c-5) To build and maintain regional juvenile
1811-8 detention centers and to charge a per diem to the counties
1812-9 as established by the Department to defray the costs of
1813-10 housing each minor in a center. In this subsection (c-5),
1814-11 "juvenile detention center" means a facility to house
1815-12 minors during pendency of trial who have been transferred
1816-13 from proceedings under the Juvenile Court Act of 1987 to
1817-14 prosecutions under the criminal laws of this State in
1818-15 accordance with Section 5-805 of the Juvenile Court Act of
1819-16 1987, whether the transfer was by operation of law or
1820-17 permissive under that Section. The Department shall
1821-18 designate the counties to be served by each regional
1822-19 juvenile detention center.
1823-20 (d) To develop and maintain programs of control,
1824-21 rehabilitation, and employment of committed persons within
1825-22 its institutions.
1826-23 (d-5) To provide a pre-release job preparation program
1827-24 for inmates at Illinois adult correctional centers.
1828-25 (d-10) To provide educational and visitation
1829-26 opportunities to committed persons within its institutions
1830-
1831-
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1836-
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1840-1 through temporary access to content-controlled tablets
1841-2 that may be provided as a privilege to committed persons
1842-3 to induce or reward compliance.
1843-4 (e) To establish a system of supervision and guidance
1844-5 of committed persons in the community.
1845-6 (f) To establish in cooperation with the Department of
1846-7 Transportation to supply a sufficient number of prisoners
1847-8 for use by the Department of Transportation to clean up
1848-9 the trash and garbage along State, county, township, or
1849-10 municipal highways as designated by the Department of
1850-11 Transportation. The Department of Corrections, at the
1851-12 request of the Department of Transportation, shall furnish
1852-13 such prisoners at least annually for a period to be agreed
1853-14 upon between the Director of Corrections and the Secretary
1854-15 of Transportation. The prisoners used on this program
1855-16 shall be selected by the Director of Corrections on
1856-17 whatever basis he deems proper in consideration of their
1857-18 term, behavior and earned eligibility to participate in
1858-19 such program - where they will be outside of the prison
1859-20 facility but still in the custody of the Department of
1860-21 Corrections. Prisoners convicted of first degree murder,
1861-22 or a Class X felony, or armed violence, or aggravated
1862-23 kidnapping, or criminal sexual assault, aggravated
1863-24 criminal sexual abuse or a subsequent conviction for
1864-25 criminal sexual abuse, or forcible detention, or arson, or
1865-26 a prisoner adjudged a Habitual Criminal shall not be
1866-
1867-
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1872-
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1876-1 eligible for selection to participate in such program. The
1877-2 prisoners shall remain as prisoners in the custody of the
1878-3 Department of Corrections and such Department shall
1879-4 furnish whatever security is necessary. The Department of
1880-5 Transportation shall furnish trucks and equipment for the
1881-6 highway cleanup program and personnel to supervise and
1882-7 direct the program. Neither the Department of Corrections
1883-8 nor the Department of Transportation shall replace any
1884-9 regular employee with a prisoner.
1885-10 (g) To maintain records of persons committed to it and
1886-11 to establish programs of research, statistics, and
1887-12 planning.
1888-13 (h) To investigate the grievances of any person
1889-14 committed to the Department and to inquire into any
1890-15 alleged misconduct by employees or committed persons; and
1891-16 for these purposes it may issue subpoenas and compel the
1892-17 attendance of witnesses and the production of writings and
1893-18 papers, and may examine under oath any witnesses who may
1894-19 appear before it; to also investigate alleged violations
1895-20 of a parolee's or releasee's conditions of parole or
1896-21 release; and for this purpose it may issue subpoenas and
1897-22 compel the attendance of witnesses and the production of
1898-23 documents only if there is reason to believe that such
1899-24 procedures would provide evidence that such violations
1900-25 have occurred.
1901-26 If any person fails to obey a subpoena issued under
1902-
1903-
1904-
1905-
1906-
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1908-
1909-
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1911- SB2323 Engrossed - 55 - LRB104 02939 RLC 19420 b
1912-1 this subsection, the Director may apply to any circuit
1913-2 court to secure compliance with the subpoena. The failure
1914-3 to comply with the order of the court issued in response
1915-4 thereto shall be punishable as contempt of court.
1916-5 (i) To appoint and remove the chief administrative
1917-6 officers, and administer programs of training and
1918-7 development of personnel of the Department. Personnel
1919-8 assigned by the Department to be responsible for the
1920-9 custody and control of committed persons or to investigate
1921-10 the alleged misconduct of committed persons or employees
1922-11 or alleged violations of a parolee's or releasee's
1923-12 conditions of parole shall be conservators of the peace
1924-13 for those purposes, and shall have the full power of peace
1925-14 officers outside of the facilities of the Department in
1926-15 the protection, arrest, retaking, and reconfining of
1927-16 committed persons or where the exercise of such power is
1928-17 necessary to the investigation of such misconduct or
1929-18 violations. This subsection shall not apply to persons
1930-19 committed to the Department of Juvenile Justice under the
1931-20 Juvenile Court Act of 1987 on aftercare release.
1932-21 (j) To cooperate with other departments and agencies
1933-22 and with local communities for the development of
1934-23 standards and programs for better correctional services in
1935-24 this State.
1936-25 (k) To administer all moneys and properties of the
1937-26 Department.
1938-
1939-
1940-
1941-
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1948-1 (l) To report annually to the Governor on the
1949-2 committed persons, institutions, and programs of the
1950-3 Department.
1951-4 (l-5) (Blank).
1952-5 (m) To make all rules and regulations and exercise all
1953-6 powers and duties vested by law in the Department.
1954-7 (n) To establish rules and regulations for
1955-8 administering a system of sentence credits, established in
1956-9 accordance with Section 3-6-3, subject to review by the
1957-10 Prisoner Review Board.
1958-11 (o) To administer the distribution of funds from the
1959-12 State Treasury to reimburse counties where State penal
1960-13 institutions are located for the payment of assistant
1961-14 state's attorneys' salaries under Section 4-2001 of the
1962-15 Counties Code.
1963-16 (p) To exchange information with the Department of
1964-17 Human Services and the Department of Healthcare and Family
1965-18 Services for the purpose of verifying living arrangements
1966-19 and for other purposes directly connected with the
1967-20 administration of this Code and the Illinois Public Aid
1968-21 Code.
1969-22 (q) To establish a diversion program.
1970-23 The program shall provide a structured environment for
1971-24 selected technical parole or mandatory supervised release
1972-25 violators and committed persons who have violated the
1973-26 rules governing their conduct while in work release. This
1974-
1975-
1976-
1977-
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1983- SB2323 Engrossed - 57 - LRB104 02939 RLC 19420 b
1984-1 program shall not apply to those persons who have
1985-2 committed a new offense while serving on parole or
1986-3 mandatory supervised release or while committed to work
1987-4 release.
1988-5 Elements of the program shall include, but shall not
1989-6 be limited to, the following:
1990-7 (1) The staff of a diversion facility shall
1991-8 provide supervision in accordance with required
1992-9 objectives set by the facility.
1993-10 (2) Participants shall be required to maintain
1994-11 employment.
1995-12 (3) Each participant shall pay for room and board
1996-13 at the facility on a sliding-scale basis according to
1997-14 the participant's income.
1998-15 (4) Each participant shall:
1999-16 (A) provide restitution to victims in
2000-17 accordance with any court order;
2001-18 (B) provide financial support to his
2002-19 dependents; and
2003-20 (C) make appropriate payments toward any other
2004-21 court-ordered obligations.
2005-22 (5) Each participant shall complete community
2006-23 service in addition to employment.
2007-24 (6) Participants shall take part in such
2008-25 counseling, educational, and other programs as the
2009-26 Department may deem appropriate.
2010-
2011-
2012-
2013-
2014-
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2016-
2017-
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2019- SB2323 Engrossed - 58 - LRB104 02939 RLC 19420 b
2020-1 (7) Participants shall submit to drug and alcohol
2021-2 screening.
2022-3 (8) The Department shall promulgate rules
2023-4 governing the administration of the program.
2024-5 (r) To enter into intergovernmental cooperation
2025-6 agreements under which persons in the custody of the
2026-7 Department may participate in a county impact
2027-8 incarceration program established under Section 3-6038 or
2028-9 3-15003.5 of the Counties Code.
2029-10 (r-5) (Blank).
2030-11 (r-10) To systematically and routinely identify with
2031-12 respect to each streetgang active within the correctional
2032-13 system: (1) each active gang; (2) every existing
2033-14 inter-gang affiliation or alliance; and (3) the current
2034-15 leaders in each gang. The Department shall promptly
2035-16 segregate leaders from inmates who belong to their gangs
2036-17 and allied gangs. "Segregate" means no physical contact
2037-18 and, to the extent possible under the conditions and space
2038-19 available at the correctional facility, prohibition of
2039-20 visual and sound communication. For the purposes of this
2040-21 paragraph (r-10), "leaders" means persons who:
2041-22 (i) are members of a criminal streetgang;
2042-23 (ii) with respect to other individuals within the
2043-24 streetgang, occupy a position of organizer,
2044-25 supervisor, or other position of management or
2045-26 leadership; and
2046-
2047-
2048-
2049-
2050-
2051- SB2323 Engrossed - 58 - LRB104 02939 RLC 19420 b
2052-
2053-
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2055- SB2323 Engrossed - 59 - LRB104 02939 RLC 19420 b
2056-1 (iii) are actively and personally engaged in
2057-2 directing, ordering, authorizing, or requesting
2058-3 commission of criminal acts by others, which are
2059-4 punishable as a felony, in furtherance of streetgang
2060-5 related activity both within and outside of the
2061-6 Department of Corrections.
2062-7 "Streetgang", "gang", and "streetgang related" have the
2063-8 meanings ascribed to them in Section 10 of the Illinois
2064-9 Streetgang Terrorism Omnibus Prevention Act.
2065-10 (s) To operate a super-maximum security institution,
2066-11 in order to manage and supervise inmates who are
2067-12 disruptive or dangerous and provide for the safety and
2068-13 security of the staff and the other inmates.
2069-14 (t) To monitor any unprivileged conversation or any
2070-15 unprivileged communication, whether in person or by mail,
2071-16 telephone, or other means, between an inmate who, before
2072-17 commitment to the Department, was a member of an organized
2073-18 gang and any other person without the need to show cause or
2074-19 satisfy any other requirement of law before beginning the
2075-20 monitoring, except as constitutionally required. The
2076-21 monitoring may be by video, voice, or other method of
2077-22 recording or by any other means. As used in this
2078-23 subdivision (1)(t), "organized gang" has the meaning
2079-24 ascribed to it in Section 10 of the Illinois Streetgang
2080-25 Terrorism Omnibus Prevention Act.
2081-26 As used in this subdivision (1)(t), "unprivileged
2082-
2083-
2084-
2085-
2086-
2087- SB2323 Engrossed - 59 - LRB104 02939 RLC 19420 b
2088-
2089-
2090-SB2323 Engrossed- 60 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 60 - LRB104 02939 RLC 19420 b
2091- SB2323 Engrossed - 60 - LRB104 02939 RLC 19420 b
2092-1 conversation" or "unprivileged communication" means a
2093-2 conversation or communication that is not protected by any
2094-3 privilege recognized by law or by decision, rule, or order
2095-4 of the Illinois Supreme Court.
2096-5 (u) To establish a Women's and Children's Pre-release
2097-6 Community Supervision Program for the purpose of providing
2098-7 housing and services to eligible female inmates, as
2099-8 determined by the Department, and their newborn and young
2100-9 children.
2101-10 (u-5) To issue an order, whenever a person committed
2102-11 to the Department absconds or absents himself or herself,
2103-12 without authority to do so, from any facility or program
2104-13 to which he or she is assigned. The order shall be
2105-14 certified by the Director, the Supervisor of the
2106-15 Apprehension Unit, or any person duly designated by the
2107-16 Director, with the seal of the Department affixed. The
2108-17 order shall be directed to all sheriffs, coroners, and
2109-18 police officers, or to any particular person named in the
2110-19 order. Any order issued pursuant to this subdivision
2111-20 (1)(u-5) shall be sufficient warrant for the officer or
2112-21 person named in the order to arrest and deliver the
2113-22 committed person to the proper correctional officials and
2114-23 shall be executed the same as criminal process.
2115-24 (u-6) To appoint a point of contact person who shall
2116-25 receive suggestions, complaints, or other requests to the
2117-26 Department from visitors to Department institutions or
2118-
2119-
2120-
2121-
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2124-
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2127- SB2323 Engrossed - 61 - LRB104 02939 RLC 19420 b
2128-1 facilities and from other members of the public.
2129-2 (u-7) To collaborate with the Department of Human
2130-3 Services and other State agencies to develop and implement
2131-4 screening and follow-up protocols for intake and reentry
2132-5 personnel and contractors on identification and response
2133-6 to Department-involved individuals who demonstrate
2134-7 indications of past labor or sex trafficking
2135-8 victimization, criminal sexual exploitation or a history
2136-9 of involvement in the sex trade that may put them at risk
2137-10 of human trafficking. Protocols should include assessment
2138-11 and provision of pre-release and post-release housing,
2139-12 legal, medical, mental health and substance-use disorder
2140-13 treatment services and recognize the specialized needs of
2141-14 victims of human trafficking.
2142-15 (u-8) To provide statewide training for Department of
2143-16 Corrections intake and reentry personnel and contractors
2144-17 on identification and response to Department-involved
2145-18 individuals who demonstrate indications of past
2146-19 trafficking victimization or child sexual exploitation
2147-20 that put them at risk of human trafficking.
2148-21 (u-9) To offer access to specialized services for
2149-22 Department-involved individuals within the care that
2150-23 demonstrate indications of past trafficking victimization
2151-24 or child sexual exploitation that put them at risk of
2152-25 trafficking. As used in this subsection, "specialized
2153-26 services" means substance-use disorder, mental health,
2154-
2155-
2156-
2157-
2158-
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2160-
2161-
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2164-1 medical, case-management, housing, and other support
2165-2 services by Department employees or contractors who have
2166-3 completed victim-centered, trauma-informed training
2167-4 specifically designed to address the complex psychological
2168-5 and or physical needs of victims of human trafficking,
2169-6 sexual exploitation, or a history of involvement with the
2170-7 sex trade.
2171-8 (v) To do all other acts necessary to carry out the
2172-9 provisions of this Chapter.
2173-10 (2) The Department of Corrections shall by January 1,
2174-11 1998, consider building and operating a correctional facility
2175-12 within 100 miles of a county of over 2,000,000 inhabitants,
2176-13 especially a facility designed to house juvenile participants
2177-14 in the impact incarceration program.
2178-15 (3) When the Department lets bids for contracts for
2179-16 medical services to be provided to persons committed to
2180-17 Department facilities by a health maintenance organization,
2181-18 medical service corporation, or other health care provider,
2182-19 the bid may only be let to a health care provider that has
2183-20 obtained an irrevocable letter of credit or performance bond
2184-21 issued by a company whose bonds have an investment grade or
2185-22 higher rating by a bond rating organization.
2186-23 (4) When the Department lets bids for contracts for food
2187-24 or commissary services to be provided to Department
2188-25 facilities, the bid may only be let to a food or commissary
2189-26 services provider that has obtained an irrevocable letter of
2190-
2191-
2192-
2193-
2194-
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2196-
2197-
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2199- SB2323 Engrossed - 63 - LRB104 02939 RLC 19420 b
2200-1 credit or performance bond issued by a company whose bonds
2201-2 have an investment grade or higher rating by a bond rating
2202-3 organization.
2203-4 (5) On and after the date 6 months after August 16, 2013
2204-5 (the effective date of Public Act 98-488), as provided in the
2205-6 Executive Order 1 (2012) Implementation Act, all of the
2206-7 powers, duties, rights, and responsibilities related to State
2207-8 healthcare purchasing under this Code that were transferred
2208-9 from the Department of Corrections to the Department of
2209-10 Healthcare and Family Services by Executive Order 3 (2005) are
2210-11 transferred back to the Department of Corrections; however,
2211-12 powers, duties, rights, and responsibilities related to State
2212-13 healthcare purchasing under this Code that were exercised by
2213-14 the Department of Corrections before the effective date of
2214-15 Executive Order 3 (2005) but that pertain to individuals
2215-16 resident in facilities operated by the Department of Juvenile
2216-17 Justice are transferred to the Department of Juvenile Justice.
2217-18 (6) The Department of Corrections shall provide lactation
2218-19 or nursing mothers rooms for personnel of the Department. The
2219-20 rooms shall be provided in each facility of the Department
2220-21 that employs nursing mothers. Each individual lactation room
2221-22 must:
2222-23 (i) contain doors that lock;
2223-24 (ii) have an "Occupied" sign for each door;
2224-25 (iii) contain electrical outlets for plugging in
2225-26 breast pumps;
2226-
2227-
2228-
2229-
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2232-
2233-
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2235- SB2323 Engrossed - 64 - LRB104 02939 RLC 19420 b
2236-1 (iv) have sufficient lighting and ventilation;
2237-2 (v) contain comfortable chairs;
2238-3 (vi) contain a countertop or table for all necessary
2239-4 supplies for lactation;
2240-5 (vii) contain a wastebasket and chemical cleaners to
2241-6 wash one's hands and to clean the surfaces of the
2242-7 countertop or table;
2243-8 (viii) have a functional sink;
2244-9 (ix) have a minimum of one refrigerator for storage of
2245-10 the breast milk; and
2246-11 (x) receive routine daily maintenance.
2247-12 (Source: P.A. 102-350, eff. 8-13-21; 102-535, eff. 1-1-22;
2248-13 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
2249-14 5-27-22; 103-834, eff. 1-1-25.)
2250-15 (730 ILCS 5/3-2.5-15)
2251-16 Sec. 3-2.5-15. Department of Juvenile Justice; assumption
2252-17 of duties of the Juvenile Division.
2253-18 (a) The Department of Juvenile Justice shall assume the
2254-19 rights, powers, duties, and responsibilities of the Juvenile
2255-20 Division of the Department of Corrections. Personnel, books,
2256-21 records, property, and unencumbered appropriations pertaining
2257-22 to the Juvenile Division of the Department of Corrections
2258-23 shall be transferred to the Department of Juvenile Justice on
2259-24 the effective date of this amendatory Act of the 94th General
2260-25 Assembly. Any rights of employees or the State under the
2261-
2262-
2263-
2264-
2265-
2266- SB2323 Engrossed - 64 - LRB104 02939 RLC 19420 b
2267-
2268-
2269-SB2323 Engrossed- 65 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 65 - LRB104 02939 RLC 19420 b
2270- SB2323 Engrossed - 65 - LRB104 02939 RLC 19420 b
2271-1 Personnel Code or any other contract or plan shall be
2272-2 unaffected by this transfer.
2273-3 (b) Department of Juvenile Justice personnel who are hired
2274-4 by the Department on or after the effective date of this
2275-5 amendatory Act of the 94th General Assembly and who
2276-6 participate or assist in the rehabilitative and vocational
2277-7 training of delinquent youths, supervise the daily activities
2278-8 involving direct and continuing responsibility for the youth's
2279-9 security, welfare and development, or participate in the
2280-10 personal rehabilitation of delinquent youth by training,
2281-11 supervising, and assisting lower level personnel who perform
2282-12 these duties must: (1) be over the age of 21 and (2) have a
2283-13 high school diploma or equivalent and either (A) a bachelor's
2284-14 or advanced degree from an accredited college or university or
2285-15 (B) 2 or more years of experience providing direct care to
2286-16 youth in the form of residential care, coaching, case
2287-17 management, or mentoring. This requirement shall not apply to
2288-18 security, clerical, food service, and maintenance staff that
2289-19 do not have direct and regular contact with youth. The degree
2290-20 requirements specified in this subsection (b) are not required
2291-21 of persons who provide vocational training and who have
2292-22 adequate knowledge in the skill for which they are providing
2293-23 the vocational training.
2294-24 (c) Subsection (b) of this Section does not apply to
2295-25 personnel transferred to the Department of Juvenile Justice on
2296-26 the effective date of this amendatory Act of the 94th General
2297-
2298-
2299-
2300-
2301-
2302- SB2323 Engrossed - 65 - LRB104 02939 RLC 19420 b
2303-
2304-
2305-SB2323 Engrossed- 66 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 66 - LRB104 02939 RLC 19420 b
2306- SB2323 Engrossed - 66 - LRB104 02939 RLC 19420 b
2307-1 Assembly.
2308-2 (d) The Department shall be under the direction of the
2309-3 Director of Juvenile Justice as provided in this Code.
2310-4 (e) The Director shall organize divisions within the
2311-5 Department and shall assign functions, powers, duties, and
2312-6 personnel as required by law. The Director may create other
2313-7 divisions and may assign other functions, powers, duties, and
2314-8 personnel as may be necessary or desirable to carry out the
2315-9 functions and responsibilities vested by law in the
2316-10 Department. The Director may, with the approval of the Office
2317-11 of the Governor, assign to and share functions, powers,
2318-12 duties, and personnel with other State agencies such that
2319-13 administrative services and administrative facilities are
2320-14 provided by a shared administrative service center. Where
2321-15 possible, shared services which impact youth should be done
2322-16 with child-serving agencies. These administrative services may
2323-17 include, but are not limited to, all of the following
2324-18 functions: budgeting, accounting related functions, auditing,
2325-19 human resources, legal, procurement, training, data collection
2326-20 and analysis, information technology, internal investigations,
2327-21 intelligence, legislative services, emergency response
2328-22 capability, statewide transportation services, and general
2329-23 office support.
2330-24 (f) The Department of Juvenile Justice may enter into
2331-25 intergovernmental cooperation agreements under which minors
2332-26 adjudicated delinquent and committed to the Department of
2333-
2334-
2335-
2336-
2337-
2338- SB2323 Engrossed - 66 - LRB104 02939 RLC 19420 b
2339-
2340-
2341-SB2323 Engrossed- 67 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 67 - LRB104 02939 RLC 19420 b
2342- SB2323 Engrossed - 67 - LRB104 02939 RLC 19420 b
2343-1 Juvenile Justice may participate in county juvenile impact
2344-2 incarceration programs established under Section 3-6039 of the
2345-3 Counties Code.
2346-4 (g) The Department of Juvenile Justice must comply with
2347-5 the ethnic and racial background data collection procedures
2348-6 provided in Section 4.5 of the Criminal Identification Act.
2349-7 (h) The Department of Juvenile Justice shall implement a
2350-8 wellness program to support health and wellbeing among staff
2351-9 and service providers within the Department of Juvenile
2352-10 Justice environment. The Department of Juvenile Justice shall
2353-11 establish response teams to provide support to employees and
2354-12 staff affected by events that are both duty-related and not
2355-13 duty-related and provide training to response team members.
2356-14 The Department's wellness program shall be accessible to any
2357-15 Department employee or service provider, including contractual
2358-16 employees and approved volunteers. The wellness program may
2359-17 include information sharing, education and activities designed
2360-18 to support health and well-being within the Department's
2361-19 environment. Access to wellness response team support shall be
2362-20 voluntary and remain confidential.
2363-21 (i) The Department of Juvenile Justice shall collaborate
2364-22 with the Department of Human Services and other State agencies
2365-23 to develop and implement screening and follow-up protocols for
2366-24 intake and aftercare personnel on identification and response
2367-25 to children and adolescents who show indications of being
2368-26 victims of human trafficking or at risk of human trafficking.
2369-
2370-
2371-
2372-
2373-
2374- SB2323 Engrossed - 67 - LRB104 02939 RLC 19420 b
2375-
2376-
2377-SB2323 Engrossed- 68 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 68 - LRB104 02939 RLC 19420 b
2378- SB2323 Engrossed - 68 - LRB104 02939 RLC 19420 b
2379-1 Protocols should include assessment and provision of
2380-2 pre-release and post-release housing, legal, medical, mental
2381-3 health, and substance use disorder treatment services and
2382-4 recognize the specialized needs of victims of human
2383-5 trafficking and commercial sexual exploitation.
2384-6 (j) The Department of Juvenile Justice shall require the
2385-7 juvenile justice system to provide access to specialized
2386-8 services for identified trafficked children and youth. In this
2387-9 subsection, "specialized services" means substance-use
2388-10 disorder, mental health, medical and other support services by
2389-11 Department employees and contractors who have completed
2390-12 victim-centered, trauma-informed training specifically
2391-13 designed to address the complex psychological and physical
2392-14 needs of victims of human trafficking, sexual exploitation,
2393-15 and involvement in the sex trade.
2394-16 (k) The Department of Juvenile Justice shall require
2395-17 statewide training for juvenile justice agencies and their
2396-18 direct service personnel on identification and response to
2397-19 child trafficking.
2398-20 (Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.)
2399-21 Section 70. The Code of Civil Procedure is amended by
2400-22 changing Section 13-202.2 as follows:
2401-23 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
2402-24 Sec. 13-202.2. Childhood sexual abuse.
2403-
2404-
2405-
2406-
2407-
2408- SB2323 Engrossed - 68 - LRB104 02939 RLC 19420 b
2409-
2410-
2411-SB2323 Engrossed- 69 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 69 - LRB104 02939 RLC 19420 b
2412- SB2323 Engrossed - 69 - LRB104 02939 RLC 19420 b
2413-1 (a) In this Section:
2414-2 "Childhood sexual abuse" means an act of sexual abuse that
2415-3 occurs when the person abused is under 18 years of age.
2416-4 "Sexual abuse" includes but is not limited to sexual
2417-5 conduct and sexual penetration as defined in Section 11-0.1 of
586+25 basis as a local law enforcement officer, as a security
587+26 officer, or campus police officer permanently employed by a
588+
589+
590+
591+
592+
593+ SB2323 - 16 - LRB104 02939 RLC 19420 b
594+
595+
596+SB2323- 17 -LRB104 02939 RLC 19420 b SB2323 - 17 - LRB104 02939 RLC 19420 b
597+ SB2323 - 17 - LRB104 02939 RLC 19420 b
598+1 law enforcement agency.
599+2 "Part-time law enforcement officer" means a law
600+3 enforcement officer who has completed the officer's
601+4 probationary period and is employed on a part-time basis as a
602+5 law enforcement officer or as a campus police officer by a law
603+6 enforcement agency.
604+7 "Law enforcement officer" means (i) any police officer of
605+8 a law enforcement agency who is primarily responsible for
606+9 prevention or detection of crime and the enforcement of the
607+10 criminal code, traffic, or highway laws of this State or any
608+11 political subdivision of this State or (ii) any member of a
609+12 police force appointed and maintained as provided in Section 2
610+13 of the Railroad Police Act.
611+14 "Recruit" means any full-time or part-time law enforcement
612+15 officer or full-time county corrections officer who is
613+16 enrolled in an approved training course.
614+17 "Review Committee" means the committee at the Board for
615+18 certification disciplinary cases in which the Panel, a law
616+19 enforcement officer, or a law enforcement agency may file for
617+20 reconsideration of a decertification decision made by the
618+21 Board.
619+22 "Probationary county corrections officer" means a recruit
620+23 county corrections officer required to successfully complete
621+24 initial minimum basic training requirements at a basic
622+25 training school to be eligible for permanent employment on a
623+26 full-time basis as a county corrections officer.
624+
625+
626+
627+
628+
629+ SB2323 - 17 - LRB104 02939 RLC 19420 b
630+
631+
632+SB2323- 18 -LRB104 02939 RLC 19420 b SB2323 - 18 - LRB104 02939 RLC 19420 b
633+ SB2323 - 18 - LRB104 02939 RLC 19420 b
634+1 "Permanent county corrections officer" means a county
635+2 corrections officer who has completed the officer's
636+3 probationary period and is permanently employed on a full-time
637+4 basis as a county corrections officer by a participating law
638+5 enforcement agency.
639+6 "County corrections officer" means any sworn officer of
640+7 the sheriff who is primarily responsible for the control and
641+8 custody of offenders, detainees or inmates.
642+9 "Probationary court security officer" means a recruit
643+10 court security officer required to successfully complete
644+11 initial minimum basic training requirements at a designated
645+12 training school to be eligible for employment as a court
646+13 security officer.
647+14 "Permanent court security officer" means a court security
648+15 officer who has completed the officer's probationary period
649+16 and is employed as a court security officer by a participating
650+17 law enforcement agency.
651+18 "Court security officer" has the meaning ascribed to it in
652+19 Section 3-6012.1 of the Counties Code.
653+20 "Trauma" means physical or emotional harm resulting from
654+21 an event, series of events, or set of circumstances that has
655+22 led to lasting adverse effects on an individual's mental,
656+23 physical, social, emotional, and spiritual well-being.
657+24 "Trauma-informed response" means a program, organization,
658+25 or system that is trauma-informed; realizes the widespread
659+26 impact of trauma and understands potential paths for recovery;
660+
661+
662+
663+
664+
665+ SB2323 - 18 - LRB104 02939 RLC 19420 b
666+
667+
668+SB2323- 19 -LRB104 02939 RLC 19420 b SB2323 - 19 - LRB104 02939 RLC 19420 b
669+ SB2323 - 19 - LRB104 02939 RLC 19420 b
670+1 recognizes the signs and symptoms of trauma in clients,
671+2 families, staff, and others involved with the system; and
672+3 responds by fully integrating knowledge about trauma into
673+4 policies, procedures, and practices, and seeks to actively
674+5 avoid re-traumatization and to restore autonomy and stability
675+6 to survivors.
676+7 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
677+8 (50 ILCS 705/10.21)
678+9 Sec. 10.21. Training; sexual assault and sexual abuse.
679+10 (a) The Illinois Law Enforcement Training Standards Board
680+11 shall conduct or approve training programs in trauma-informed
681+12 responses and investigations of sexual assault and sexual
682+13 abuse, which include, but is not limited to, the following:
683+14 (1) recognizing the symptoms of trauma;
684+15 (2) understanding the role trauma has played in a
685+16 victim's life;
686+17 (3) responding to the needs and concerns of a victim;
687+18 (4) delivering services in a compassionate, sensitive,
688+19 and nonjudgmental manner;
689+20 (5) interviewing techniques in accordance with the
690+21 curriculum standards in subsection (f) of this Section;
691+22 (6) understanding cultural perceptions and common
692+23 myths of sexual assault and sexual abuse;
693+24 (7) report writing techniques in accordance with the
694+25 curriculum standards in subsection (f) of this Section;
695+
696+
697+
698+
699+
700+ SB2323 - 19 - LRB104 02939 RLC 19420 b
701+
702+
703+SB2323- 20 -LRB104 02939 RLC 19420 b SB2323 - 20 - LRB104 02939 RLC 19420 b
704+ SB2323 - 20 - LRB104 02939 RLC 19420 b
705+1 and
706+2 (8) recognizing special sensitivities of victims due
707+3 to: age, including those under the age of 13; race; color;
708+4 creed; religion; ethnicity; gender; sexual orientation;
709+5 physical or mental disabilities; immigration status;
710+6 national origin; justice-involvement; past human
711+7 trafficking victimization or involvement in the sex trade;
712+8 or other qualifications; and .
713+9 (9) screening of victims of sexual assault and sexual
714+10 abuse for human trafficking.
715+11 (b) This training must be presented in all full and
716+12 part-time basic law enforcement academies on or before July 1,
717+13 2018.
718+14 (c) Agencies employing law enforcement officers must
719+15 present this training to all law enforcement officers within 3
720+16 years after January 1, 2017 (the effective date of Public Act
721+17 99-801) and must present in-service training on sexual assault
722+18 and sexual abuse response and report writing training
723+19 requirements every 3 years.
724+20 (d) Agencies employing law enforcement officers who
725+21 conduct sexual assault and sexual abuse investigations must
726+22 provide specialized training to these officers on sexual
727+23 assault and sexual abuse investigations within 2 years after
728+24 January 1, 2017 (the effective date of Public Act 99-801) and
729+25 must present in-service training on sexual assault and sexual
730+26 abuse investigations to these officers every 3 years. In
731+
732+
733+
734+
735+
736+ SB2323 - 20 - LRB104 02939 RLC 19420 b
737+
738+
739+SB2323- 21 -LRB104 02939 RLC 19420 b SB2323 - 21 - LRB104 02939 RLC 19420 b
740+ SB2323 - 21 - LRB104 02939 RLC 19420 b
741+1 consultation with a statewide nonprofit, nongovernmental
742+2 organization that represents survivors of sexual violence, the
743+3 training shall include instruction on screening of victims of
744+4 sexual assault and sexual abuse for human trafficking
745+5 victimization.
746+6 (e) Instructors providing this training shall (1) have
747+7 successfully completed (A) training on evidence-based,
748+8 trauma-informed, victim-centered response to cases of sexual
749+9 assault and sexual abuse and (B) using curriculum for the
750+10 training created in consultation with a statewide nonprofit,
751+11 nongovernmental organization that represents survivors of
752+12 sexual violence, training on screening of victims of sexual
753+13 assault and sexual abuse for human trafficking victimization
754+14 and (2) have experience responding to sexual assault and
755+15 sexual abuse cases.
756+16 (f) The Board shall adopt rules, in consultation with the
757+17 Office of the Illinois Attorney General and the Illinois State
758+18 Police, to determine the specific training requirements for
759+19 these courses, including, but not limited to, the following:
760+20 (1) evidence-based curriculum standards for report
761+21 writing and immediate response to sexual assault and
762+22 sexual abuse, including trauma-informed, victim-centered,
763+23 age sensitive, interview techniques, which have been
764+24 demonstrated to minimize retraumatization, for
765+25 probationary police officers and all law enforcement
766+26 officers; and
767+
768+
769+
770+
771+
772+ SB2323 - 21 - LRB104 02939 RLC 19420 b
773+
774+
775+SB2323- 22 -LRB104 02939 RLC 19420 b SB2323 - 22 - LRB104 02939 RLC 19420 b
776+ SB2323 - 22 - LRB104 02939 RLC 19420 b
777+1 (2) evidence-based curriculum standards for
778+2 trauma-informed, victim-centered, age sensitive
779+3 investigation and interviewing techniques, which have been
780+4 demonstrated to minimize retraumatization, for cases of
781+5 sexual assault and sexual abuse for law enforcement
782+6 officers who conduct sexual assault and sexual abuse
783+7 investigations.
784+8 (Source: P.A. 102-538, eff. 8-20-21.)
785+9 (50 ILCS 705/10.23)
786+10 Sec. 10.23. Training and curriculum; human trafficking.
787+11 (a) The Board shall work with the Illinois State Police,
788+12 local law enforcement, victim-centered, trauma-informed human
789+13 trafficking service providers, and survivor leaders to
790+14 develop, on or before July 1, 2026, academy and in-service
791+15 curriculum standards for training on victim-centered,
792+16 trauma-informed detection, investigation, and response to
793+17 human trafficking victims certified by the Board.
794+18 (b) The Board shall conduct or approve an in-service
795+19 training program in the detection, and investigation, and
796+20 victim-centered, trauma-informed response to victims of all
797+21 forms of human trafficking, including, but not limited to,
798+22 involuntary servitude under subsection (b) of Section 10-9 of
799+23 the Criminal Code of 2012, involuntary sexual servitude of a
800+24 minor under subsection (c) of Section 10-9 of the Criminal
801+25 Code of 2012, and trafficking in persons under subsection (d)
802+
803+
804+
805+
806+
807+ SB2323 - 22 - LRB104 02939 RLC 19420 b
808+
809+
810+SB2323- 23 -LRB104 02939 RLC 19420 b SB2323 - 23 - LRB104 02939 RLC 19420 b
811+ SB2323 - 23 - LRB104 02939 RLC 19420 b
812+1 of Section 10-9 of the Criminal Code of 2012. This program
813+2 shall be made available to all certified law enforcement,
814+3 correctional, and court security officers.
815+4 (Source: P.A. 101-18, eff. 1-1-20; 102-558, eff. 8-20-21.)
816+5 (50 ILCS 705/10.27 new)
817+6 Sec. 10.27. Trauma-informed response to victims of human
818+7 trafficking policies.
819+8 (a) On or before July 1, 2027, every law enforcement
820+9 agency shall develop, adopt, and implement written policies
821+10 detailing procedures for victim-centered, trauma-informed
822+11 detection, investigation and response to victims of human
823+12 trafficking consistent with the guidelines developed under
824+13 subsection (b).
825+14 (b) On or before July 1, 2026, the Board, in consultation
826+15 with the Illinois State Police, local law enforcement
827+16 agencies, human trafficking service providers, and other
828+17 providers with expertise in recognizing and responding to
829+18 victims of human trafficking shall develop and make available
830+19 to each law enforcement agency comprehensive guidelines for
831+20 creation of a law enforcement agency policy on
832+21 trauma-informed, victim-centered detection, investigation,
833+22 and response to victims of human trafficking. These guidelines
834+23 shall include, but not be limited to, the following:
835+24 (1) definitions;
836+25 (2) recognizing human trafficking;
837+
838+
839+
840+
841+
842+ SB2323 - 23 - LRB104 02939 RLC 19420 b
843+
844+
845+SB2323- 24 -LRB104 02939 RLC 19420 b SB2323 - 24 - LRB104 02939 RLC 19420 b
846+ SB2323 - 24 - LRB104 02939 RLC 19420 b
847+1 (3) description of trauma-informed, victim-centered
848+2 response;
849+3 (4) responding officer duties;
850+4 (5) human trafficking investigations;
851+5 (6) protocols for responding to child and youth
852+6 victims of human trafficking;
853+7 (7) addressing immediate and emergent needs of
854+8 victims;
855+9 (8) working with survivor advocates and human
856+10 trafficking service providers;
857+11 (9) victim interviews;
858+12 (10) evidence collection;
859+13 (11) supervisor duties;
860+14 (12) suspect interviews;
861+15 (13) witness interviews;
862+16 (14) working with State's Attorneys and prosecutors;
863+17 (15) working with multi-disciplinary teams and federal
864+18 agencies;
865+19 (16) language barriers and interpreters;
866+20 (17) victims' rights;
867+21 (18) considerations for specific populations or
868+22 communities, and
869+23 (19) special needs and tools for victims who are
870+24 foreign nationals.
871+25 Section 30. The Illinois Procurement Code is amended by
872+
873+
874+
875+
876+
877+ SB2323 - 24 - LRB104 02939 RLC 19420 b
878+
879+
880+SB2323- 25 -LRB104 02939 RLC 19420 b SB2323 - 25 - LRB104 02939 RLC 19420 b
881+ SB2323 - 25 - LRB104 02939 RLC 19420 b
882+1 adding Section 25-210 as follows:
883+2 (30 ILCS 500/25-210 new)
884+3 Sec. 25-210. Contracts for the procurement or laundering
885+4 of apparel. Each contractor who contracts with a State agency
886+5 for the procurement or laundering of apparel shall certify
887+6 that no work was provided through the use of forced labor or
888+7 exploitation.
889+8 Section 35. The Children's Advocacy Center Act is amended
890+9 by changing Section 4 as follows:
891+10 (55 ILCS 80/4) (from Ch. 23, par. 1804)
892+11 Sec. 4. Children's Advocacy Center.
893+12 (a) A CAC may be established to coordinate the activities
894+13 of the various agencies involved in the investigation,
895+14 prosecution and treatment of child maltreatment. The
896+15 individual county or regional Advisory Board shall set the
897+16 written protocol of the CAC within the appropriate
898+17 jurisdiction. The operation of the CAC may be funded through
899+18 public or private grants, contracts, donations, fees, and
900+19 other available sources under this Act. Each CAC shall operate
901+20 to the best of its ability in accordance with available
902+21 funding. In counties in which a referendum has been adopted
903+22 under Section 5 of this Act, the Advisory Board, by the
904+23 majority vote of its members, shall submit a proposed annual
905+
906+
907+
908+
909+
910+ SB2323 - 25 - LRB104 02939 RLC 19420 b
911+
912+
913+SB2323- 26 -LRB104 02939 RLC 19420 b SB2323 - 26 - LRB104 02939 RLC 19420 b
914+ SB2323 - 26 - LRB104 02939 RLC 19420 b
915+1 budget for the operation of the CAC to the county board, which
916+2 shall appropriate funds and levy a tax sufficient to operate
917+3 the CAC. The county board in each county in which a referendum
918+4 has been adopted shall establish a Children's Advocacy Center
919+5 Fund and shall deposit the net proceeds of the tax authorized
920+6 by Section 6 of this Act in that Fund, which shall be kept
921+7 separate from all other county funds and shall only be used for
922+8 the purposes of this Act.
923+9 (b) The Advisory Board shall pay from the Children's
924+10 Advocacy Center Fund or from other available funds the
925+11 salaries of all employees of the Center and the expenses of
926+12 acquiring a physical plant for the Center by construction or
927+13 lease and maintaining the Center, including the expenses of
928+14 administering the coordination of the investigation,
929+15 prosecution and treatment referral of child maltreatment under
930+16 the provisions of the protocol adopted pursuant to this Act.
931+17 (b-1) Recognizing the pivotal role of CACs in providing
932+18 comprehensive support to trafficked children and youth, each
933+19 CAC shall:
934+20 (1) ensure that each county's multi-disciplinary team
935+21 protocol includes a response to allegations of human
936+22 trafficking;
937+23 (2) increase the capacity of each multi-disciplinary
938+24 team to identify, assess, and serve trafficked children
939+25 and youth;
940+26 (3) facilitate collaboration between the CAC, law
941+
942+
943+
944+
945+
946+ SB2323 - 26 - LRB104 02939 RLC 19420 b
947+
948+
949+SB2323- 27 -LRB104 02939 RLC 19420 b SB2323 - 27 - LRB104 02939 RLC 19420 b
950+ SB2323 - 27 - LRB104 02939 RLC 19420 b
951+1 enforcement, child welfare agencies, health care
952+2 providers, and other pertinent stakeholders to ensure a
953+3 synchronized and trauma-informed response to trafficked
954+4 children and youth;
955+5 (4) ensure all CAC employees and contractors treating,
956+6 interviewing, or coming in contact with victims receive
957+7 training on victim-centered, trauma-informed response to
958+8 child and youth victims of human trafficking, including
959+9 identifying and addressing the unique needs of trafficked
960+10 children and youth, thereby enabling access to appropriate
961+11 support services and legal remedies; and
962+12 (5) work with the Department of Human Services to
963+13 establish standards for victim-centered, trauma-informed
964+14 training for CACs and members of multi-disciplinary teams.
965+15 (c) Every CAC shall include at least the following
966+16 components:
967+17 (1) A multidisciplinary, coordinated systems approach
968+18 to the investigation of child maltreatment which shall
969+19 include, at a minimum:
970+20 (i) an interagency notification procedure;
971+21 (ii) a policy on multidisciplinary team
972+22 collaboration and communication that requires MDT
973+23 members share information pertinent to investigations
974+24 and the safety of children;
975+25 (iii) (blank);
976+26 (iv) a description of the role each agency has in
977+
978+
979+
980+
981+
982+ SB2323 - 27 - LRB104 02939 RLC 19420 b
983+
984+
985+SB2323- 28 -LRB104 02939 RLC 19420 b SB2323 - 28 - LRB104 02939 RLC 19420 b
986+ SB2323 - 28 - LRB104 02939 RLC 19420 b
987+1 responding to a referral for services in an individual
988+2 case;
989+3 (v) a dispute resolution process between the
990+4 involved agencies when a conflict arises on how to
991+5 proceed on the referral of a particular case;
992+6 (vi) a process for the CAC to assist in the
993+7 forensic interview of children that witness alleged
994+8 crimes;
995+9 (vii) a child-friendly, trauma informed space for
996+10 children and their non-offending family members;
997+11 (viii) an MDT approach including law enforcement,
998+12 prosecution, medical, mental health, victim advocacy,
999+13 and other community resources;
1000+14 (ix) medical evaluation on-site or off-site
1001+15 through referral;
1002+16 (x) mental health services on-site or off-site
1003+17 through referral;
1004+18 (xi) on-site forensic interviews;
1005+19 (xii) culturally competent services;
1006+20 (xiii) case tracking and review;
1007+21 (xiv) case staffing on each investigation;
1008+22 (xv) effective organizational capacity; and
1009+23 (xvi) a policy or procedure to familiarize a child
1010+24 and his or her non-offending family members or
1011+25 guardians with the court process as well as
1012+26 preparations for testifying in court, if necessary;
1013+
1014+
1015+
1016+
1017+
1018+ SB2323 - 28 - LRB104 02939 RLC 19420 b
1019+
1020+
1021+SB2323- 29 -LRB104 02939 RLC 19420 b SB2323 - 29 - LRB104 02939 RLC 19420 b
1022+ SB2323 - 29 - LRB104 02939 RLC 19420 b
1023+1 (2) A safe, separate space with assigned personnel
1024+2 designated for the investigation and coordination of child
1025+3 maltreatment cases;
1026+4 (3) A multidisciplinary case review process for
1027+5 purposes of decision-making, problem solving, systems
1028+6 coordination, and information sharing;
1029+7 (4) A comprehensive client tracking system to receive
1030+8 and coordinate information concerning child maltreatment
1031+9 cases from each participating agency;
1032+10 (5) Multidisciplinary specialized training for all
1033+11 professionals involved with the victims and non-offending
1034+12 family members in child maltreatment cases; and
1035+13 (6) A process for evaluating the effectiveness of the
1036+14 CAC and its operations.
1037+15 (d) In the event that a CAC has been established as
1038+16 provided in this Section, the Advisory Board of that CAC may,
1039+17 by a majority vote of the members, authorize the CAC to
1040+18 coordinate the activities of the various agencies involved in
1041+19 the investigation, prosecution, and treatment referral in
1042+20 cases of serious or fatal injury to a child. For CACs receiving
1043+21 funds under Section 5 or 6 of this Act, the Advisory Board
1044+22 shall provide for the financial support of these activities in
1045+23 a manner similar to that set out in subsections (a) and (b) of
1046+24 this Section and shall be allowed to submit a budget that
1047+25 includes support for physical abuse and neglect activities to
1048+26 the County Board, which shall appropriate funds that may be
1049+
1050+
1051+
1052+
1053+
1054+ SB2323 - 29 - LRB104 02939 RLC 19420 b
1055+
1056+
1057+SB2323- 30 -LRB104 02939 RLC 19420 b SB2323 - 30 - LRB104 02939 RLC 19420 b
1058+ SB2323 - 30 - LRB104 02939 RLC 19420 b
1059+1 available under Section 5 of this Act. In cooperation with the
1060+2 Department of Children and Family Services Child Death Review
1061+3 Teams, the Department of Children and Family Services Office
1062+4 of the Inspector General, and other stakeholders, this
1063+5 protocol must be initially implemented in selected counties to
1064+6 the extent that State appropriations or funds from other
1065+7 sources for this purpose allow.
1066+8 (e) CACI may also provide technical assistance and
1067+9 guidance to the Advisory Boards.
1068+10 (f) In this Section:
1069+11 "Child" or "children" refers to persons under 18 years of
1070+12 age.
1071+13 "Youth" means persons between the ages of 18 and 24 years.
1072+14 (Source: P.A. 98-809, eff. 1-1-15; 99-78, eff. 7-20-15.)
1073+15 Section 40. The Juvenile Court Act of 1987 is amended by
1074+16 adding Section 5-175 as follows:
1075+17 (705 ILCS 405/5-175 new)
1076+18 Sec. 5-175. Minor accused of status offense or
1077+19 misdemeanor. It is an affirmative defense to any status or
1078+20 misdemeanor offense that would not be illegal if committed by
1079+21 an adult that a minor who is a victim of an offense defined in
1080+22 Section 10-9 of the Criminal Code of 2012 committed the status
1081+23 or misdemeanor offense during the course of or as a result of
1082+24 the minor's status as a victim of an offense defined in Section
1083+
1084+
1085+
1086+
1087+
1088+ SB2323 - 30 - LRB104 02939 RLC 19420 b
1089+
1090+
1091+SB2323- 31 -LRB104 02939 RLC 19420 b SB2323 - 31 - LRB104 02939 RLC 19420 b
1092+ SB2323 - 31 - LRB104 02939 RLC 19420 b
1093+1 10-9 of that Code.
1094+2 Section 45. The Criminal Code of 2012 is amended by
1095+3 changing Section 10-9 as follows:
1096+4 (720 ILCS 5/10-9)
1097+5 Sec. 10-9. Trafficking in persons, involuntary servitude,
1098+6 and related offenses.
1099+7 (a) Definitions. In this Section:
1100+8 (1) "Intimidation" has the meaning prescribed in Section
1101+9 12-6.
1102+10 (2) "Commercial sexual activity" means any sex act on
1103+11 account of which anything of value is given, promised to, or
1104+12 received by any person.
1105+13 (2.5) "Company" means any sole proprietorship,
1106+14 organization, association, corporation, partnership, joint
1107+15 venture, limited partnership, limited liability partnership,
1108+16 limited liability limited partnership, limited liability
1109+17 company, or other entity or business association, including
1110+18 all wholly owned subsidiaries, majority-owned subsidiaries,
1111+19 parent companies, or affiliates of those entities or business
1112+20 associations, that exist for the purpose of making profit.
1113+21 (3) "Financial harm" includes intimidation that brings
1114+22 about financial loss, criminal usury, or employment contracts
1115+23 that violate the Frauds Act.
1116+24 (4) (Blank).
1117+
1118+
1119+
1120+
1121+
1122+ SB2323 - 31 - LRB104 02939 RLC 19420 b
1123+
1124+
1125+SB2323- 32 -LRB104 02939 RLC 19420 b SB2323 - 32 - LRB104 02939 RLC 19420 b
1126+ SB2323 - 32 - LRB104 02939 RLC 19420 b
1127+1 (5) "Labor" means work of economic or financial value.
1128+2 (6) "Maintain" means, in relation to labor or services, to
1129+3 secure continued performance thereof, regardless of any
1130+4 initial agreement on the part of the victim to perform that
1131+5 type of service.
1132+6 (7) "Obtain" means, in relation to labor or services, to
1133+7 secure performance thereof.
1134+8 (7.5) "Serious harm" means any harm, whether physical or
1135+9 nonphysical, including psychological, financial, or
1136+10 reputational harm, that is sufficiently serious, under all the
1137+11 surrounding circumstances, to compel a reasonable person of
1138+12 the same background and in the same circumstances to perform
1139+13 or to continue performing labor or services in order to avoid
1140+14 incurring that harm.
1141+15 (8) "Services" means activities resulting from a
1142+16 relationship between a person and the actor in which the
1143+17 person performs activities under the supervision of or for the
1144+18 benefit of the actor. Commercial sexual activity and
1145+19 sexually-explicit performances are forms of activities that
1146+20 are "services" under this Section. Nothing in this definition
1147+21 may be construed to legitimize or legalize prostitution.
1148+22 (9) "Sexually-explicit performance" means a live,
1149+23 recorded, broadcast (including over the Internet), or public
1150+24 act or show intended to arouse or satisfy the sexual desires or
1151+25 appeal to the prurient interests of patrons.
1152+26 (10) "Trafficking victim" means a person subjected to the
1153+
1154+
1155+
1156+
1157+
1158+ SB2323 - 32 - LRB104 02939 RLC 19420 b
1159+
1160+
1161+SB2323- 33 -LRB104 02939 RLC 19420 b SB2323 - 33 - LRB104 02939 RLC 19420 b
1162+ SB2323 - 33 - LRB104 02939 RLC 19420 b
1163+1 practices set forth in subsection (b), (c), or (d).
1164+2 (b) Involuntary servitude. A person commits involuntary
1165+3 servitude when he or she knowingly subjects, attempts to
1166+4 subject, or engages in a conspiracy to subject another person
1167+5 to labor or services obtained or maintained through any of the
1168+6 following means, or any combination of these means:
1169+7 (1) causes or threatens to cause physical harm to any
1170+8 person;
1171+9 (2) physically restrains or threatens to physically
1172+10 restrain another person;
1173+11 (3) abuses or threatens to abuse the law or legal
1174+12 process;
1175+13 (4) attempts to or knowingly destroys, conceals,
1176+14 removes, confiscates, or possesses any actual or purported
1177+15 passport or other immigration document, or any other
1178+16 actual or purported government identification document, of
1179+17 another person;
1180+18 (5) uses intimidation, abuses a position of trust,
1181+19 authority, or supervision in relation to the victim,
1182+20 through the use or deprivation of any alcoholic
1183+21 intoxicant, a drug as defined or used in the Illinois
1184+22 Controlled Substances Act or the Cannabis Control Act, or
1185+23 methamphetamine as defined in the Methamphetamine Control
1186+24 and Community Protection Act, or exerts financial control
1187+25 over any person; or
1188+26 (6) uses any scheme, plan, or pattern intended to
1189+
1190+
1191+
1192+
1193+
1194+ SB2323 - 33 - LRB104 02939 RLC 19420 b
1195+
1196+
1197+SB2323- 34 -LRB104 02939 RLC 19420 b SB2323 - 34 - LRB104 02939 RLC 19420 b
1198+ SB2323 - 34 - LRB104 02939 RLC 19420 b
1199+1 cause the person to believe that, if the person did not
1200+2 perform the labor or services, that person or another
1201+3 person would suffer serious harm or physical restraint.
1202+4 Sentence. Except as otherwise provided in subsection (e)
1203+5 or (f), a violation of subsection (b)(1) is a Class X felony,
1204+6 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
1205+7 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. A
1206+8 violation of subsection (b) when the victim is a minor is as
1207+9 follows:
1208+10 (A) a violation of subsection (b)(1) or (b)(2) is a
1209+11 Class X felony;
1210+12 (B) a violation of subsection (b)(3) or (b)(4) is a
1211+13 Class 2 felony;
1212+14 (C) a violation of subsection (b)(5) or (b)(6) is a
1213+15 Class 1 felony.
1214+16 (c) Involuntary sexual servitude of a minor. A person
1215+17 commits involuntary sexual servitude of a minor when he or she
1216+18 knowingly recruits, entices, harbors, transports, provides, or
1217+19 obtains by any means, or attempts to recruit, entice, harbor,
1218+20 provide, or obtain by any means, another person under 18 years
1219+21 of age, knowing that the minor will engage in commercial
1220+22 sexual activity, a sexually-explicit performance, or the
1221+23 production of pornography, or causes or attempts to cause a
1222+24 minor to engage in one or more of those activities and:
1223+25 (1) there is no overt force or threat and the minor is
1224+26 between the ages of 17 and 18 years;
1225+
1226+
1227+
1228+
1229+
1230+ SB2323 - 34 - LRB104 02939 RLC 19420 b
1231+
1232+
1233+SB2323- 35 -LRB104 02939 RLC 19420 b SB2323 - 35 - LRB104 02939 RLC 19420 b
1234+ SB2323 - 35 - LRB104 02939 RLC 19420 b
1235+1 (2) there is no overt force or threat and the minor is
1236+2 under the age of 17 years; or
1237+3 (3) there is overt force or threat.
1238+4 Sentence. Except as otherwise provided in subsection (e)
1239+5 or (f), a violation of subsection (c)(1) is a Class 1 felony,
1240+6 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
1241+7 (d) Trafficking in persons. A person commits trafficking
1242+8 in persons when he or she knowingly: (1) recruits, entices,
1243+9 harbors, transports, provides, or obtains by any means, or
1244+10 attempts to recruit, entice, harbor, transport, provide, or
1245+11 obtain by any means, another person, intending or knowing that
1246+12 the person will be subjected to involuntary servitude; or (2)
1247+13 benefits, financially or by receiving anything of value, from
1248+14 participation in a venture that has engaged in an act of
1249+15 involuntary servitude or involuntary sexual servitude of a
1250+16 minor. A company commits trafficking in persons when the
1251+17 company knowingly benefits, financially or by receiving
1252+18 anything of value, from participation in a venture that has
1253+19 engaged in an act of involuntary servitude or involuntary
1254+20 sexual servitude of a minor.
1255+21 Sentence. Except as otherwise provided in subsection (e)
1256+22 or (f), a violation of this subsection by a person is a Class 1
1257+23 felony. A violation of this subsection by a company is a
1258+24 business offense for which a fine of up to $100,000 may be
1259+25 imposed.
1260+26 (e) Aggravating factors. A violation of this Section
1261+
1262+
1263+
1264+
1265+
1266+ SB2323 - 35 - LRB104 02939 RLC 19420 b
1267+
1268+
1269+SB2323- 36 -LRB104 02939 RLC 19420 b SB2323 - 36 - LRB104 02939 RLC 19420 b
1270+ SB2323 - 36 - LRB104 02939 RLC 19420 b
1271+1 involving kidnapping or an attempt to kidnap, aggravated
1272+2 criminal sexual assault or an attempt to commit aggravated
1273+3 criminal sexual assault, or an attempt to commit first degree
1274+4 murder is a Class X felony.
1275+5 (f) Sentencing considerations.
1276+6 (1) Bodily injury. If, pursuant to a violation of this
1277+7 Section, a victim suffered bodily injury, the defendant
1278+8 may be sentenced to an extended-term sentence under
1279+9 Section 5-8-2 of the Unified Code of Corrections. The
1280+10 sentencing court must take into account the time in which
1281+11 the victim was held in servitude, with increased penalties
1282+12 for cases in which the victim was held for between 180 days
1283+13 and one year, and increased penalties for cases in which
1284+14 the victim was held for more than one year.
1285+15 (2) Number of victims. In determining sentences within
1286+16 statutory maximums, the sentencing court should take into
1287+17 account the number of victims, and may provide for
1288+18 substantially increased sentences in cases involving more
1289+19 than 10 victims.
1290+20 (g) Restitution. Restitution is mandatory under this
1291+21 Section. In addition to any other amount of loss identified,
1292+22 the court shall order restitution including the greater of (1)
1293+23 the gross income or value to the defendant of the victim's
1294+24 labor or services or (2) the value of the victim's labor as
1295+25 guaranteed under the Minimum Wage Law and overtime provisions
1296+26 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
1297+
1298+
1299+
1300+
1301+
1302+ SB2323 - 36 - LRB104 02939 RLC 19420 b
1303+
1304+
1305+SB2323- 37 -LRB104 02939 RLC 19420 b SB2323 - 37 - LRB104 02939 RLC 19420 b
1306+ SB2323 - 37 - LRB104 02939 RLC 19420 b
1307+1 whichever is greater.
1308+2 (g-5) Fine distribution. If the court imposes a fine under
1309+3 subsection (b), (c), or (d) of this Section, it shall be
1310+4 collected and distributed to the Specialized Services for
1311+5 Survivors of Human Trafficking Fund in accordance with Section
1312+6 5-9-1.21 of the Unified Code of Corrections.
1313+7 (h) Trafficking victim services. Subject to the
1314+8 availability of funds, the Department of Human Services may
1315+9 provide or fund emergency services and assistance to
1316+10 individuals who are victims of one or more offenses defined in
1317+11 this Section.
1318+12 (i) Certification. The Attorney General, a State's
1319+13 Attorney, or any law enforcement official shall certify in
1320+14 writing to the United States Department of Justice or other
1321+15 federal agency, such as the United States Department of
1322+16 Homeland Security, that an investigation or prosecution under
1323+17 this Section has begun and the individual who is a likely
1324+18 victim of a crime described in this Section is willing to
1325+19 cooperate or is cooperating with the investigation to enable
1326+20 the individual, if eligible under federal law, to qualify for
1327+21 an appropriate special immigrant visa and to access available
1328+22 federal benefits. Cooperation with law enforcement shall not
1329+23 be required of victims of a crime described in this Section who
1330+24 are under 18 years of age. This certification shall be made
1331+25 available to the victim and his or her designated legal
1332+26 representative.
1333+
1334+
1335+
1336+
1337+
1338+ SB2323 - 37 - LRB104 02939 RLC 19420 b
1339+
1340+
1341+SB2323- 38 -LRB104 02939 RLC 19420 b SB2323 - 38 - LRB104 02939 RLC 19420 b
1342+ SB2323 - 38 - LRB104 02939 RLC 19420 b
1343+1 (j) A person who commits involuntary servitude,
1344+2 involuntary sexual servitude of a minor, or trafficking in
1345+3 persons under subsection (b), (c), or (d) of this Section is
1346+4 subject to the property forfeiture provisions set forth in
1347+5 Article 124B of the Code of Criminal Procedure of 1963.
1348+6 (Source: P.A. 101-18, eff. 1-1-20.)
1349+7 Section 50. The Code of Criminal Procedure of 1963 is
1350+8 amended by changing Sections 106B-5 and 115-10 as follows:
1351+9 (725 ILCS 5/106B-5)
1352+10 Sec. 106B-5. Testimony by a victim who is a child or a
1353+11 person with a moderate, severe, or profound intellectual
1354+12 disability or a person affected by a developmental disability.
1355+13 (a) In a proceeding in the prosecution of an offense of
1356+14 criminal sexual assault, predatory criminal sexual assault of
1357+15 a child, aggravated criminal sexual assault, criminal sexual
1358+16 abuse, aggravated criminal sexual abuse, aggravated battery,
1359+17 or aggravated domestic battery, trafficking in persons,
1360+18 involuntary servitude, or involuntary sexual servitude of a
1361+19 minor, a court may order that the testimony of a victim who is
1362+20 a child under the age of 18 years or a person with a moderate,
1363+21 severe, or profound intellectual disability or a person
1364+22 affected by a developmental disability be taken outside the
1365+23 courtroom and shown in the courtroom by means of a closed
1366+24 circuit television if:
1367+
1368+
1369+
1370+
1371+
1372+ SB2323 - 38 - LRB104 02939 RLC 19420 b
1373+
1374+
1375+SB2323- 39 -LRB104 02939 RLC 19420 b SB2323 - 39 - LRB104 02939 RLC 19420 b
1376+ SB2323 - 39 - LRB104 02939 RLC 19420 b
1377+1 (1) the testimony is taken during the proceeding; and
1378+2 (2) the judge determines that testimony by the child
1379+3 victim or victim with a moderate, severe, or profound
1380+4 intellectual disability or victim affected by a
1381+5 developmental disability in the courtroom will result in
1382+6 the child or person with a moderate, severe, or profound
1383+7 intellectual disability or person affected by a
1384+8 developmental disability suffering serious emotional
1385+9 distress such that the child or person with a moderate,
1386+10 severe, or profound intellectual disability or person
1387+11 affected by a developmental disability cannot reasonably
1388+12 communicate or that the child or person with a moderate,
1389+13 severe, or profound intellectual disability or person
1390+14 affected by a developmental disability will suffer severe
1391+15 emotional distress that is likely to cause the child or
1392+16 person with a moderate, severe, or profound intellectual
1393+17 disability or person affected by a developmental
1394+18 disability to suffer severe adverse effects.
1395+19 (b) Only the prosecuting attorney, the attorney for the
1396+20 defendant, and the judge may question the child or person with
1397+21 a moderate, severe, or profound intellectual disability or
1398+22 person affected by a developmental disability.
1399+23 (c) The operators of the closed circuit television shall
1400+24 make every effort to be unobtrusive.
1401+25 (d) Only the following persons may be in the room with the
1402+26 child or person with a moderate, severe, or profound
1403+
1404+
1405+
1406+
1407+
1408+ SB2323 - 39 - LRB104 02939 RLC 19420 b
1409+
1410+
1411+SB2323- 40 -LRB104 02939 RLC 19420 b SB2323 - 40 - LRB104 02939 RLC 19420 b
1412+ SB2323 - 40 - LRB104 02939 RLC 19420 b
1413+1 intellectual disability or person affected by a developmental
1414+2 disability when the child or person with a moderate, severe,
1415+3 or profound intellectual disability or person affected by a
1416+4 developmental disability testifies by closed circuit
1417+5 television:
1418+6 (1) the prosecuting attorney;
1419+7 (2) the attorney for the defendant;
1420+8 (3) the judge;
1421+9 (4) the operators of the closed circuit television
1422+10 equipment; and
1423+11 (5) any person or persons whose presence, in the
1424+12 opinion of the court, contributes to the well-being of the
1425+13 child or person with a moderate, severe, or profound
1426+14 intellectual disability or person affected by a
1427+15 developmental disability, including a person who has dealt
1428+16 with the child in a therapeutic setting concerning the
1429+17 abuse, a parent or guardian of the child or person with a
1430+18 moderate, severe, or profound intellectual disability or
1431+19 person affected by a developmental disability, and court
1432+20 security personnel.
1433+21 (e) During the child's or person with a moderate, severe,
1434+22 or profound intellectual disability or person affected by a
1435+23 developmental disability's testimony by closed circuit
1436+24 television, the defendant shall be in the courtroom and shall
1437+25 not communicate with the jury if the cause is being heard
1438+26 before a jury.
1439+
1440+
1441+
1442+
1443+
1444+ SB2323 - 40 - LRB104 02939 RLC 19420 b
1445+
1446+
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1448+ SB2323 - 41 - LRB104 02939 RLC 19420 b
1449+1 (f) The defendant shall be allowed to communicate with the
1450+2 persons in the room where the child or person with a moderate,
1451+3 severe, or profound intellectual disability or person affected
1452+4 by a developmental disability is testifying by any appropriate
1453+5 electronic method.
1454+6 (f-5) There is a rebuttable presumption that the testimony
1455+7 of a victim who is a child under 13 years of age shall testify
1456+8 outside the courtroom and the child's testimony shall be shown
1457+9 in the courtroom by means of a closed circuit television. This
1458+10 presumption may be overcome if the defendant can prove by
1459+11 clear and convincing evidence that the child victim will not
1460+12 suffer severe emotional distress.
1461+13 (f-6) Before the court permits the testimony of a victim
1462+14 outside the courtroom that is to be shown in the courtroom by
1463+15 means of a closed circuit television, the court must make a
1464+16 finding that the testimony by means of closed circuit
1465+17 television does not prejudice the defendant.
1466+18 (g) The provisions of this Section do not apply if the
1467+19 defendant represents himself pro se.
1468+20 (h) This Section may not be interpreted to preclude, for
1469+21 purposes of identification of a defendant, the presence of
1470+22 both the victim and the defendant in the courtroom at the same
1471+23 time.
1472+24 (i) This Section applies to prosecutions pending on or
1473+25 commenced on or after the effective date of this amendatory
1474+26 Act of 1994.
1475+
1476+
1477+
1478+
1479+
1480+ SB2323 - 41 - LRB104 02939 RLC 19420 b
1481+
1482+
1483+SB2323- 42 -LRB104 02939 RLC 19420 b SB2323 - 42 - LRB104 02939 RLC 19420 b
1484+ SB2323 - 42 - LRB104 02939 RLC 19420 b
1485+1 (j) For the purposes of this Section, "developmental
1486+2 disability" includes, but is not limited to, cerebral palsy,
1487+3 epilepsy, and autism.
1488+4 (Source: P.A. 103-164, eff. 1-1-24.)
1489+5 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
1490+6 Sec. 115-10. Certain hearsay exceptions.
1491+7 (a) In a prosecution for a physical or sexual act
1492+8 perpetrated upon or against a child under the age of 13, a
1493+9 person with an intellectual disability, a person with a
1494+10 cognitive impairment, or a person with a developmental
1495+11 disability, including, but not limited to, prosecutions for
1496+12 violations of Sections 11-1.20 through 11-1.60 or 12-13
1497+13 through 12-16 of the Criminal Code of 1961 or the Criminal Code
1498+14 of 2012 and prosecutions for violations of Sections 10-1
1499+15 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful
1500+16 restraint), 10-3.1 (aggravated unlawful restraint), 10-4
1501+17 (forcible detention), 10-5 (child abduction), 10-6 (harboring
1502+18 a runaway), 10-7 (aiding or abetting child abduction), 10-9
1503+19 (trafficking in persons, involuntary servitude, and related
1504+20 offenses), 11-9 (public indecency), 11-11 (sexual relations
1505+21 within families), 11-21 (harmful material), 12-1 (assault),
1506+22 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic
1507+23 battery), 12-3.3 (aggravated domestic battery), 12-3.05 or
1508+24 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2
1509+25 (aggravated battery with a firearm), 12-4.3 (aggravated
1510+
1511+
1512+
1513+
1514+
1515+ SB2323 - 42 - LRB104 02939 RLC 19420 b
1516+
1517+
1518+SB2323- 43 -LRB104 02939 RLC 19420 b SB2323 - 43 - LRB104 02939 RLC 19420 b
1519+ SB2323 - 43 - LRB104 02939 RLC 19420 b
1520+1 battery of a child), 12-4.7 (drug induced infliction of great
1521+2 bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
1522+3 12-6.1 or 12-6.5 (compelling organization membership of
1523+4 persons), 12-7.1 (hate crime), 12-7.3 (stalking), 12-7.4
1524+5 (aggravated stalking), 12-10 or 12C-35 (tattooing the body of
1525+6 a minor), 12-11 or 19-6 (home invasion), 12-21.5 or 12C-10
1526+7 (child abandonment), 12-21.6 or 12C-5 (endangering the life or
1527+8 health of a child) or 12-32 (ritual mutilation) of the
1528+9 Criminal Code of 1961 or the Criminal Code of 2012 or any sex
1529+10 offense as defined in subsection (B) of Section 2 of the Sex
1530+11 Offender Registration Act, the following evidence shall be
1531+12 admitted as an exception to the hearsay rule:
1532+13 (1) testimony by the victim of an out of court
1533+14 statement made by the victim that he or she complained of
1534+15 such act to another; and
1535+16 (2) testimony of an out of court statement made by the
1536+17 victim describing any complaint of such act or matter or
1537+18 detail pertaining to any act which is an element of an
1538+19 offense which is the subject of a prosecution for a sexual
1539+20 or physical act against that victim.
1540+21 (b) Such testimony shall only be admitted if:
1541+22 (1) The court finds in a hearing conducted outside the
1542+23 presence of the jury that the time, content, and
1543+24 circumstances of the statement provide sufficient
1544+25 safeguards of reliability; and
1545+26 (2) The child or person with an intellectual
1546+
1547+
1548+
1549+
1550+
1551+ SB2323 - 43 - LRB104 02939 RLC 19420 b
1552+
1553+
1554+SB2323- 44 -LRB104 02939 RLC 19420 b SB2323 - 44 - LRB104 02939 RLC 19420 b
1555+ SB2323 - 44 - LRB104 02939 RLC 19420 b
1556+1 disability, a cognitive impairment, or developmental
1557+2 disability either:
1558+3 (A) testifies at the proceeding; or
1559+4 (B) is unavailable as a witness and there is
1560+5 corroborative evidence of the act which is the subject
1561+6 of the statement; and
1562+7 (3) In a case involving an offense perpetrated against
1563+8 a child under the age of 13, the out of court statement was
1564+9 made before the victim attained 13 years of age or within 3
1565+10 months after the commission of the offense, whichever
1566+11 occurs later, but the statement may be admitted regardless
1567+12 of the age of the victim at the time of the proceeding.
1568+13 (c) If a statement is admitted pursuant to this Section,
1569+14 the court shall instruct the jury that it is for the jury to
1570+15 determine the weight and credibility to be given the statement
1571+16 and that, in making the determination, it shall consider the
1572+17 age and maturity of the child, or the intellectual
1573+18 capabilities of the person with an intellectual disability, a
1574+19 cognitive impairment, or developmental disability, the nature
1575+20 of the statement, the circumstances under which the statement
1576+21 was made, and any other relevant factor.
1577+22 (d) The proponent of the statement shall give the adverse
1578+23 party reasonable notice of his intention to offer the
1579+24 statement and the particulars of the statement.
1580+25 (e) Statements described in paragraphs (1) and (2) of
1581+26 subsection (a) shall not be excluded on the basis that they
1582+
1583+
1584+
1585+
1586+
1587+ SB2323 - 44 - LRB104 02939 RLC 19420 b
1588+
1589+
1590+SB2323- 45 -LRB104 02939 RLC 19420 b SB2323 - 45 - LRB104 02939 RLC 19420 b
1591+ SB2323 - 45 - LRB104 02939 RLC 19420 b
1592+1 were obtained as a result of interviews conducted pursuant to
1593+2 a protocol adopted by a Child Advocacy Advisory Board as set
1594+3 forth in subsections (c), (d), and (e) of Section 3 of the
1595+4 Children's Advocacy Center Act or that an interviewer or
1596+5 witness to the interview was or is an employee, agent, or
1597+6 investigator of a State's Attorney's office.
1598+7 (f) For the purposes of this Section:
1599+8 "Person with a cognitive impairment" means a person with a
1600+9 significant impairment of cognition or memory that represents
1601+10 a marked deterioration from a previous level of function.
1602+11 Cognitive impairment includes, but is not limited to,
1603+12 dementia, amnesia, delirium, or a traumatic brain injury.
1604+13 "Person with a developmental disability" means a person
1605+14 with a disability that is attributable to (1) an intellectual
1606+15 disability, cerebral palsy, epilepsy, or autism, or (2) any
1607+16 other condition that results in an impairment similar to that
1608+17 caused by an intellectual disability and requires services
1609+18 similar to those required by a person with an intellectual
1610+19 disability.
1611+20 "Person with an intellectual disability" means a person
1612+21 with significantly subaverage general intellectual functioning
1613+22 which exists concurrently with an impairment in adaptive
1614+23 behavior.
1615+24 (Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;
1616+25 100-201, eff. 8-18-17.)
1617+
1618+
1619+
1620+
1621+
1622+ SB2323 - 45 - LRB104 02939 RLC 19420 b
1623+
1624+
1625+SB2323- 46 -LRB104 02939 RLC 19420 b SB2323 - 46 - LRB104 02939 RLC 19420 b
1626+ SB2323 - 46 - LRB104 02939 RLC 19420 b
1627+1 Section 55. The Sexual Assault Incident Procedure Act is
1628+2 amended by changing Section 10 as follows:
1629+3 (725 ILCS 203/10)
1630+4 Sec. 10. Definitions. In this Act:
1631+5 "Board" means the Illinois Law Enforcement Training
1632+6 Standards Board.
1633+7 "Evidence-based, trauma-informed, victim-centered" means
1634+8 policies, procedures, programs, and practices that have been
1635+9 demonstrated to minimize retraumatization associated with the
1636+10 criminal justice process by recognizing the presence of trauma
1637+11 symptoms and acknowledging the role that trauma has played in
1638+12 a sexual assault or sexual abuse victim's life and focusing on
1639+13 the needs and concerns of a victim that ensures compassionate
1640+14 and sensitive delivery of services in a nonjudgmental manner.
1641+15 "Human trafficking" means a violation or attempted
1642+16 violation of Section 10-9 of the Criminal Code of 2012. "Human
1643+17 trafficking" includes trafficking of children and adults for
1644+18 both labor and sex services.
1645+19 "Law enforcement agency having jurisdiction" means the law
1646+20 enforcement agency in the jurisdiction where an alleged sexual
1647+21 assault or sexual abuse occurred.
1648+22 "Sexual assault evidence" means evidence collected in
1649+23 connection with a sexual assault or sexual abuse
1650+24 investigation, including, but not limited to, evidence
1651+25 collected using the Illinois State Police Sexual Assault
1652+
1653+
1654+
1655+
1656+
1657+ SB2323 - 46 - LRB104 02939 RLC 19420 b
1658+
1659+
1660+SB2323- 47 -LRB104 02939 RLC 19420 b SB2323 - 47 - LRB104 02939 RLC 19420 b
1661+ SB2323 - 47 - LRB104 02939 RLC 19420 b
1662+1 Evidence Collection Kit as defined in Section 1a of the Sexual
1663+2 Assault Survivors Emergency Treatment Act.
1664+3 "Sexual assault or sexual abuse" means an act of
1665+4 nonconsensual sexual conduct or sexual penetration, as defined
1666+5 in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
1667+6 of the Criminal Code of 2012, including, without limitation,
1668+7 acts prohibited under Sections 12-13 through 12-16 of the
1669+8 Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
1670+9 the Criminal Code of 2012.
1671+10 (Source: P.A. 99-801, eff. 1-1-17.)
1672+11 Section 60. The State's Attorneys Appellate Prosecutor's
1673+12 Act is amended by adding Section 4.13 as follows:
1674+13 (725 ILCS 210/4.13 new)
1675+14 Sec. 4.13. Prosecutorial support for State's Attorneys
1676+15 prosecuting human traffickers.
1677+16 (a) The Office shall provide prosecutorial support for
1678+17 State's Attorneys prosecuting human traffickers. Working with
1679+18 national and State subject matter experts, the Office shall
1680+19 develop and provide training for State's Attorneys in
1681+20 victim-centered, trauma-informed prosecution of human
1682+21 trafficking cases.
1683+22 (b) Training for prosecutors shall include, but not be
1684+23 limited to the following:
1685+24 (1) definitions;
1686+
1687+
1688+
1689+
1690+
1691+ SB2323 - 47 - LRB104 02939 RLC 19420 b
1692+
1693+
1694+SB2323- 48 -LRB104 02939 RLC 19420 b SB2323 - 48 - LRB104 02939 RLC 19420 b
1695+ SB2323 - 48 - LRB104 02939 RLC 19420 b
1696+1 (2) sex trafficking and labor trafficking;
1697+2 (3) state human trafficking laws;
1698+3 (4) federal human trafficking laws;
1699+4 (5) elements of a trauma-informed, victim-centered
1700+5 response and understanding the impacts of trauma on victim
1701+6 response;
1702+7 (6) identifying human trafficking victims;
1703+8 (7) victim recruitment;
1704+9 (8) human trafficking myths and misconceptions;
1705+10 (9) human trafficking investigations and gang
1706+11 involvement in human trafficking;
1707+12 (10) protocols for responding to minor and youth
1708+13 victims of human trafficking;
1709+14 (11) working with human trafficking victims and the
1710+15 prosecutor-victim relationship;
1711+16 (12) role of survivor advocates and human trafficking
1712+17 treatment providers;
1713+18 (13) risk assessment and safety planning;
1714+19 (14) victim interviews;
1715+20 (15) evidence collection and virtual case
1716+21 investigation;
1717+22 (16) charging, arraignment, and evidentiary hearings,
1718+23 assessing culpability, and forced criminality;
1719+24 (17) trial issues and strategies;
1720+25 (18) dealing with witness intimidation;
1721+26 (19) working with multi-disciplinary teams and federal
1722+
1723+
1724+
1725+
1726+
1727+ SB2323 - 48 - LRB104 02939 RLC 19420 b
1728+
1729+
1730+SB2323- 49 -LRB104 02939 RLC 19420 b SB2323 - 49 - LRB104 02939 RLC 19420 b
1731+ SB2323 - 49 - LRB104 02939 RLC 19420 b
1732+1 agencies;
1733+2 (20) language barriers and use of interpreters;
1734+3 (21) victims' rights;
1735+4 (22) considerations for specific populations or
1736+5 communities; and
1737+6 (23) special needs and tools for victims who are
1738+7 foreign nationals.
1739+8 (c) In this Act, "human trafficking" means a violation or
1740+9 attempted violation of Section 10-9 of the Criminal Code of
1741+10 2012. "Human trafficking" includes trafficking of children and
1742+11 adults for both labor and sex services.
1743+12 Section 65. The Unified Code of Corrections is amended by
1744+13 changing Sections 3-2-2 and 3-2.5-15 as follows:
1745+14 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
1746+15 Sec. 3-2-2. Powers and duties of the Department.
1747+16 (1) In addition to the powers, duties, and
1748+17 responsibilities which are otherwise provided by law, the
1749+18 Department shall have the following powers:
1750+19 (a) To accept persons committed to it by the courts of
1751+20 this State for care, custody, treatment, and
1752+21 rehabilitation, and to accept federal prisoners and
1753+22 noncitizens over whom the Office of the Federal Detention
1754+23 Trustee is authorized to exercise the federal detention
1755+24 function for limited purposes and periods of time.
1756+
1757+
1758+
1759+
1760+
1761+ SB2323 - 49 - LRB104 02939 RLC 19420 b
1762+
1763+
1764+SB2323- 50 -LRB104 02939 RLC 19420 b SB2323 - 50 - LRB104 02939 RLC 19420 b
1765+ SB2323 - 50 - LRB104 02939 RLC 19420 b
1766+1 (b) To develop and maintain reception and evaluation
1767+2 units for purposes of analyzing the custody and
1768+3 rehabilitation needs of persons committed to it and to
1769+4 assign such persons to institutions and programs under its
1770+5 control or transfer them to other appropriate agencies. In
1771+6 consultation with the Department of Alcoholism and
1772+7 Substance Abuse (now the Department of Human Services),
1773+8 the Department of Corrections shall develop a master plan
1774+9 for the screening and evaluation of persons committed to
1775+10 its custody who have alcohol or drug abuse problems, and
1776+11 for making appropriate treatment available to such
1777+12 persons; the Department shall report to the General
1778+13 Assembly on such plan not later than April 1, 1987. The
1779+14 maintenance and implementation of such plan shall be
1780+15 contingent upon the availability of funds.
1781+16 (b-1) To create and implement, on January 1, 2002, a
1782+17 pilot program to establish the effectiveness of
1783+18 pupillometer technology (the measurement of the pupil's
1784+19 reaction to light) as an alternative to a urine test for
1785+20 purposes of screening and evaluating persons committed to
1786+21 its custody who have alcohol or drug problems. The pilot
1787+22 program shall require the pupillometer technology to be
1788+23 used in at least one Department of Corrections facility.
1789+24 The Director may expand the pilot program to include an
1790+25 additional facility or facilities as he or she deems
1791+26 appropriate. A minimum of 4,000 tests shall be included in
1792+
1793+
1794+
1795+
1796+
1797+ SB2323 - 50 - LRB104 02939 RLC 19420 b
1798+
1799+
1800+SB2323- 51 -LRB104 02939 RLC 19420 b SB2323 - 51 - LRB104 02939 RLC 19420 b
1801+ SB2323 - 51 - LRB104 02939 RLC 19420 b
1802+1 the pilot program. The Department must report to the
1803+2 General Assembly on the effectiveness of the program by
1804+3 January 1, 2003.
1805+4 (b-5) To develop, in consultation with the Illinois
1806+5 State Police, a program for tracking and evaluating each
1807+6 inmate from commitment through release for recording his
1808+7 or her gang affiliations, activities, or ranks.
1809+8 (c) To maintain and administer all State correctional
1810+9 institutions and facilities under its control and to
1811+10 establish new ones as needed. Pursuant to its power to
1812+11 establish new institutions and facilities, the Department
1813+12 may, with the written approval of the Governor, authorize
1814+13 the Department of Central Management Services to enter
1815+14 into an agreement of the type described in subsection (d)
1816+15 of Section 405-300 of the Department of Central Management
1817+16 Services Law. The Department shall designate those
1818+17 institutions which shall constitute the State Penitentiary
1819+18 System. The Department of Juvenile Justice shall maintain
1820+19 and administer all State youth centers pursuant to
1821+20 subsection (d) of Section 3-2.5-20.
1822+21 Pursuant to its power to establish new institutions
1823+22 and facilities, the Department may authorize the
1824+23 Department of Central Management Services to accept bids
1825+24 from counties and municipalities for the construction,
1826+25 remodeling, or conversion of a structure to be leased to
1827+26 the Department of Corrections for the purposes of its
1828+
1829+
1830+
1831+
1832+
1833+ SB2323 - 51 - LRB104 02939 RLC 19420 b
1834+
1835+
1836+SB2323- 52 -LRB104 02939 RLC 19420 b SB2323 - 52 - LRB104 02939 RLC 19420 b
1837+ SB2323 - 52 - LRB104 02939 RLC 19420 b
1838+1 serving as a correctional institution or facility. Such
1839+2 construction, remodeling, or conversion may be financed
1840+3 with revenue bonds issued pursuant to the Industrial
1841+4 Building Revenue Bond Act by the municipality or county.
1842+5 The lease specified in a bid shall be for a term of not
1843+6 less than the time needed to retire any revenue bonds used
1844+7 to finance the project, but not to exceed 40 years. The
1845+8 lease may grant to the State the option to purchase the
1846+9 structure outright.
1847+10 Upon receipt of the bids, the Department may certify
1848+11 one or more of the bids and shall submit any such bids to
1849+12 the General Assembly for approval. Upon approval of a bid
1850+13 by a constitutional majority of both houses of the General
1851+14 Assembly, pursuant to joint resolution, the Department of
1852+15 Central Management Services may enter into an agreement
1853+16 with the county or municipality pursuant to such bid.
1854+17 (c-5) To build and maintain regional juvenile
1855+18 detention centers and to charge a per diem to the counties
1856+19 as established by the Department to defray the costs of
1857+20 housing each minor in a center. In this subsection (c-5),
1858+21 "juvenile detention center" means a facility to house
1859+22 minors during pendency of trial who have been transferred
1860+23 from proceedings under the Juvenile Court Act of 1987 to
1861+24 prosecutions under the criminal laws of this State in
1862+25 accordance with Section 5-805 of the Juvenile Court Act of
1863+26 1987, whether the transfer was by operation of law or
1864+
1865+
1866+
1867+
1868+
1869+ SB2323 - 52 - LRB104 02939 RLC 19420 b
1870+
1871+
1872+SB2323- 53 -LRB104 02939 RLC 19420 b SB2323 - 53 - LRB104 02939 RLC 19420 b
1873+ SB2323 - 53 - LRB104 02939 RLC 19420 b
1874+1 permissive under that Section. The Department shall
1875+2 designate the counties to be served by each regional
1876+3 juvenile detention center.
1877+4 (d) To develop and maintain programs of control,
1878+5 rehabilitation, and employment of committed persons within
1879+6 its institutions.
1880+7 (d-5) To provide a pre-release job preparation program
1881+8 for inmates at Illinois adult correctional centers.
1882+9 (d-10) To provide educational and visitation
1883+10 opportunities to committed persons within its institutions
1884+11 through temporary access to content-controlled tablets
1885+12 that may be provided as a privilege to committed persons
1886+13 to induce or reward compliance.
1887+14 (e) To establish a system of supervision and guidance
1888+15 of committed persons in the community.
1889+16 (f) To establish in cooperation with the Department of
1890+17 Transportation to supply a sufficient number of prisoners
1891+18 for use by the Department of Transportation to clean up
1892+19 the trash and garbage along State, county, township, or
1893+20 municipal highways as designated by the Department of
1894+21 Transportation. The Department of Corrections, at the
1895+22 request of the Department of Transportation, shall furnish
1896+23 such prisoners at least annually for a period to be agreed
1897+24 upon between the Director of Corrections and the Secretary
1898+25 of Transportation. The prisoners used on this program
1899+26 shall be selected by the Director of Corrections on
1900+
1901+
1902+
1903+
1904+
1905+ SB2323 - 53 - LRB104 02939 RLC 19420 b
1906+
1907+
1908+SB2323- 54 -LRB104 02939 RLC 19420 b SB2323 - 54 - LRB104 02939 RLC 19420 b
1909+ SB2323 - 54 - LRB104 02939 RLC 19420 b
1910+1 whatever basis he deems proper in consideration of their
1911+2 term, behavior and earned eligibility to participate in
1912+3 such program - where they will be outside of the prison
1913+4 facility but still in the custody of the Department of
1914+5 Corrections. Prisoners convicted of first degree murder,
1915+6 or a Class X felony, or armed violence, or aggravated
1916+7 kidnapping, or criminal sexual assault, aggravated
1917+8 criminal sexual abuse or a subsequent conviction for
1918+9 criminal sexual abuse, or forcible detention, or arson, or
1919+10 a prisoner adjudged a Habitual Criminal shall not be
1920+11 eligible for selection to participate in such program. The
1921+12 prisoners shall remain as prisoners in the custody of the
1922+13 Department of Corrections and such Department shall
1923+14 furnish whatever security is necessary. The Department of
1924+15 Transportation shall furnish trucks and equipment for the
1925+16 highway cleanup program and personnel to supervise and
1926+17 direct the program. Neither the Department of Corrections
1927+18 nor the Department of Transportation shall replace any
1928+19 regular employee with a prisoner.
1929+20 (g) To maintain records of persons committed to it and
1930+21 to establish programs of research, statistics, and
1931+22 planning.
1932+23 (h) To investigate the grievances of any person
1933+24 committed to the Department and to inquire into any
1934+25 alleged misconduct by employees or committed persons; and
1935+26 for these purposes it may issue subpoenas and compel the
1936+
1937+
1938+
1939+
1940+
1941+ SB2323 - 54 - LRB104 02939 RLC 19420 b
1942+
1943+
1944+SB2323- 55 -LRB104 02939 RLC 19420 b SB2323 - 55 - LRB104 02939 RLC 19420 b
1945+ SB2323 - 55 - LRB104 02939 RLC 19420 b
1946+1 attendance of witnesses and the production of writings and
1947+2 papers, and may examine under oath any witnesses who may
1948+3 appear before it; to also investigate alleged violations
1949+4 of a parolee's or releasee's conditions of parole or
1950+5 release; and for this purpose it may issue subpoenas and
1951+6 compel the attendance of witnesses and the production of
1952+7 documents only if there is reason to believe that such
1953+8 procedures would provide evidence that such violations
1954+9 have occurred.
1955+10 If any person fails to obey a subpoena issued under
1956+11 this subsection, the Director may apply to any circuit
1957+12 court to secure compliance with the subpoena. The failure
1958+13 to comply with the order of the court issued in response
1959+14 thereto shall be punishable as contempt of court.
1960+15 (i) To appoint and remove the chief administrative
1961+16 officers, and administer programs of training and
1962+17 development of personnel of the Department. Personnel
1963+18 assigned by the Department to be responsible for the
1964+19 custody and control of committed persons or to investigate
1965+20 the alleged misconduct of committed persons or employees
1966+21 or alleged violations of a parolee's or releasee's
1967+22 conditions of parole shall be conservators of the peace
1968+23 for those purposes, and shall have the full power of peace
1969+24 officers outside of the facilities of the Department in
1970+25 the protection, arrest, retaking, and reconfining of
1971+26 committed persons or where the exercise of such power is
1972+
1973+
1974+
1975+
1976+
1977+ SB2323 - 55 - LRB104 02939 RLC 19420 b
1978+
1979+
1980+SB2323- 56 -LRB104 02939 RLC 19420 b SB2323 - 56 - LRB104 02939 RLC 19420 b
1981+ SB2323 - 56 - LRB104 02939 RLC 19420 b
1982+1 necessary to the investigation of such misconduct or
1983+2 violations. This subsection shall not apply to persons
1984+3 committed to the Department of Juvenile Justice under the
1985+4 Juvenile Court Act of 1987 on aftercare release.
1986+5 (j) To cooperate with other departments and agencies
1987+6 and with local communities for the development of
1988+7 standards and programs for better correctional services in
1989+8 this State.
1990+9 (k) To administer all moneys and properties of the
1991+10 Department.
1992+11 (l) To report annually to the Governor on the
1993+12 committed persons, institutions, and programs of the
1994+13 Department.
1995+14 (l-5) (Blank).
1996+15 (m) To make all rules and regulations and exercise all
1997+16 powers and duties vested by law in the Department.
1998+17 (n) To establish rules and regulations for
1999+18 administering a system of sentence credits, established in
2000+19 accordance with Section 3-6-3, subject to review by the
2001+20 Prisoner Review Board.
2002+21 (o) To administer the distribution of funds from the
2003+22 State Treasury to reimburse counties where State penal
2004+23 institutions are located for the payment of assistant
2005+24 state's attorneys' salaries under Section 4-2001 of the
2006+25 Counties Code.
2007+26 (p) To exchange information with the Department of
2008+
2009+
2010+
2011+
2012+
2013+ SB2323 - 56 - LRB104 02939 RLC 19420 b
2014+
2015+
2016+SB2323- 57 -LRB104 02939 RLC 19420 b SB2323 - 57 - LRB104 02939 RLC 19420 b
2017+ SB2323 - 57 - LRB104 02939 RLC 19420 b
2018+1 Human Services and the Department of Healthcare and Family
2019+2 Services for the purpose of verifying living arrangements
2020+3 and for other purposes directly connected with the
2021+4 administration of this Code and the Illinois Public Aid
2022+5 Code.
2023+6 (q) To establish a diversion program.
2024+7 The program shall provide a structured environment for
2025+8 selected technical parole or mandatory supervised release
2026+9 violators and committed persons who have violated the
2027+10 rules governing their conduct while in work release. This
2028+11 program shall not apply to those persons who have
2029+12 committed a new offense while serving on parole or
2030+13 mandatory supervised release or while committed to work
2031+14 release.
2032+15 Elements of the program shall include, but shall not
2033+16 be limited to, the following:
2034+17 (1) The staff of a diversion facility shall
2035+18 provide supervision in accordance with required
2036+19 objectives set by the facility.
2037+20 (2) Participants shall be required to maintain
2038+21 employment.
2039+22 (3) Each participant shall pay for room and board
2040+23 at the facility on a sliding-scale basis according to
2041+24 the participant's income.
2042+25 (4) Each participant shall:
2043+26 (A) provide restitution to victims in
2044+
2045+
2046+
2047+
2048+
2049+ SB2323 - 57 - LRB104 02939 RLC 19420 b
2050+
2051+
2052+SB2323- 58 -LRB104 02939 RLC 19420 b SB2323 - 58 - LRB104 02939 RLC 19420 b
2053+ SB2323 - 58 - LRB104 02939 RLC 19420 b
2054+1 accordance with any court order;
2055+2 (B) provide financial support to his
2056+3 dependents; and
2057+4 (C) make appropriate payments toward any other
2058+5 court-ordered obligations.
2059+6 (5) Each participant shall complete community
2060+7 service in addition to employment.
2061+8 (6) Participants shall take part in such
2062+9 counseling, educational, and other programs as the
2063+10 Department may deem appropriate.
2064+11 (7) Participants shall submit to drug and alcohol
2065+12 screening.
2066+13 (8) The Department shall promulgate rules
2067+14 governing the administration of the program.
2068+15 (r) To enter into intergovernmental cooperation
2069+16 agreements under which persons in the custody of the
2070+17 Department may participate in a county impact
2071+18 incarceration program established under Section 3-6038 or
2072+19 3-15003.5 of the Counties Code.
2073+20 (r-5) (Blank).
2074+21 (r-10) To systematically and routinely identify with
2075+22 respect to each streetgang active within the correctional
2076+23 system: (1) each active gang; (2) every existing
2077+24 inter-gang affiliation or alliance; and (3) the current
2078+25 leaders in each gang. The Department shall promptly
2079+26 segregate leaders from inmates who belong to their gangs
2080+
2081+
2082+
2083+
2084+
2085+ SB2323 - 58 - LRB104 02939 RLC 19420 b
2086+
2087+
2088+SB2323- 59 -LRB104 02939 RLC 19420 b SB2323 - 59 - LRB104 02939 RLC 19420 b
2089+ SB2323 - 59 - LRB104 02939 RLC 19420 b
2090+1 and allied gangs. "Segregate" means no physical contact
2091+2 and, to the extent possible under the conditions and space
2092+3 available at the correctional facility, prohibition of
2093+4 visual and sound communication. For the purposes of this
2094+5 paragraph (r-10), "leaders" means persons who:
2095+6 (i) are members of a criminal streetgang;
2096+7 (ii) with respect to other individuals within the
2097+8 streetgang, occupy a position of organizer,
2098+9 supervisor, or other position of management or
2099+10 leadership; and
2100+11 (iii) are actively and personally engaged in
2101+12 directing, ordering, authorizing, or requesting
2102+13 commission of criminal acts by others, which are
2103+14 punishable as a felony, in furtherance of streetgang
2104+15 related activity both within and outside of the
2105+16 Department of Corrections.
2106+17 "Streetgang", "gang", and "streetgang related" have the
2107+18 meanings ascribed to them in Section 10 of the Illinois
2108+19 Streetgang Terrorism Omnibus Prevention Act.
2109+20 (s) To operate a super-maximum security institution,
2110+21 in order to manage and supervise inmates who are
2111+22 disruptive or dangerous and provide for the safety and
2112+23 security of the staff and the other inmates.
2113+24 (t) To monitor any unprivileged conversation or any
2114+25 unprivileged communication, whether in person or by mail,
2115+26 telephone, or other means, between an inmate who, before
2116+
2117+
2118+
2119+
2120+
2121+ SB2323 - 59 - LRB104 02939 RLC 19420 b
2122+
2123+
2124+SB2323- 60 -LRB104 02939 RLC 19420 b SB2323 - 60 - LRB104 02939 RLC 19420 b
2125+ SB2323 - 60 - LRB104 02939 RLC 19420 b
2126+1 commitment to the Department, was a member of an organized
2127+2 gang and any other person without the need to show cause or
2128+3 satisfy any other requirement of law before beginning the
2129+4 monitoring, except as constitutionally required. The
2130+5 monitoring may be by video, voice, or other method of
2131+6 recording or by any other means. As used in this
2132+7 subdivision (1)(t), "organized gang" has the meaning
2133+8 ascribed to it in Section 10 of the Illinois Streetgang
2134+9 Terrorism Omnibus Prevention Act.
2135+10 As used in this subdivision (1)(t), "unprivileged
2136+11 conversation" or "unprivileged communication" means a
2137+12 conversation or communication that is not protected by any
2138+13 privilege recognized by law or by decision, rule, or order
2139+14 of the Illinois Supreme Court.
2140+15 (u) To establish a Women's and Children's Pre-release
2141+16 Community Supervision Program for the purpose of providing
2142+17 housing and services to eligible female inmates, as
2143+18 determined by the Department, and their newborn and young
2144+19 children.
2145+20 (u-5) To issue an order, whenever a person committed
2146+21 to the Department absconds or absents himself or herself,
2147+22 without authority to do so, from any facility or program
2148+23 to which he or she is assigned. The order shall be
2149+24 certified by the Director, the Supervisor of the
2150+25 Apprehension Unit, or any person duly designated by the
2151+26 Director, with the seal of the Department affixed. The
2152+
2153+
2154+
2155+
2156+
2157+ SB2323 - 60 - LRB104 02939 RLC 19420 b
2158+
2159+
2160+SB2323- 61 -LRB104 02939 RLC 19420 b SB2323 - 61 - LRB104 02939 RLC 19420 b
2161+ SB2323 - 61 - LRB104 02939 RLC 19420 b
2162+1 order shall be directed to all sheriffs, coroners, and
2163+2 police officers, or to any particular person named in the
2164+3 order. Any order issued pursuant to this subdivision
2165+4 (1)(u-5) shall be sufficient warrant for the officer or
2166+5 person named in the order to arrest and deliver the
2167+6 committed person to the proper correctional officials and
2168+7 shall be executed the same as criminal process.
2169+8 (u-6) To appoint a point of contact person who shall
2170+9 receive suggestions, complaints, or other requests to the
2171+10 Department from visitors to Department institutions or
2172+11 facilities and from other members of the public.
2173+12 (u-7) To collaborate with the Department of Human
2174+13 Services and other State agencies to develop and implement
2175+14 screening and follow-up protocols for intake and reentry
2176+15 personnel and contractors on identification and response
2177+16 to Department-involved individuals who demonstrate
2178+17 indications of past labor or sex trafficking
2179+18 victimization, criminal sexual exploitation or a history
2180+19 of involvement in the sex trade that may put them at risk
2181+20 of human trafficking. Protocols should include assessment
2182+21 and provision of pre-release and post-release housing,
2183+22 legal, medical, mental health and substance-use disorder
2184+23 treatment services and recognize the specialized needs of
2185+24 victims of human trafficking.
2186+25 (u-8) To provide statewide training for Department of
2187+26 Corrections intake and reentry personnel and contractors
2188+
2189+
2190+
2191+
2192+
2193+ SB2323 - 61 - LRB104 02939 RLC 19420 b
2194+
2195+
2196+SB2323- 62 -LRB104 02939 RLC 19420 b SB2323 - 62 - LRB104 02939 RLC 19420 b
2197+ SB2323 - 62 - LRB104 02939 RLC 19420 b
2198+1 on identification and response to Department-involved
2199+2 individuals who demonstrate indications of past
2200+3 trafficking victimization or child sexual exploitation
2201+4 that put them at risk of human trafficking.
2202+5 (u-9) To offer access to specialized services for
2203+6 Department-involved individuals within the care that
2204+7 demonstrate indications of past trafficking victimization
2205+8 or child sexual exploitation that put them at risk of
2206+9 trafficking. As used in this subsection, "specialized
2207+10 services" means substance-use disorder, mental health,
2208+11 medical, case-management, housing, and other support
2209+12 services by Department employees or contractors who have
2210+13 completed victim-centered, trauma-informed training
2211+14 specifically designed to address the complex psychological
2212+15 and or physical needs of victims of human trafficking,
2213+16 sexual exploitation, or a history of involvement with the
2214+17 sex trade.
2215+18 (v) To do all other acts necessary to carry out the
2216+19 provisions of this Chapter.
2217+20 (2) The Department of Corrections shall by January 1,
2218+21 1998, consider building and operating a correctional facility
2219+22 within 100 miles of a county of over 2,000,000 inhabitants,
2220+23 especially a facility designed to house juvenile participants
2221+24 in the impact incarceration program.
2222+25 (3) When the Department lets bids for contracts for
2223+26 medical services to be provided to persons committed to
2224+
2225+
2226+
2227+
2228+
2229+ SB2323 - 62 - LRB104 02939 RLC 19420 b
2230+
2231+
2232+SB2323- 63 -LRB104 02939 RLC 19420 b SB2323 - 63 - LRB104 02939 RLC 19420 b
2233+ SB2323 - 63 - LRB104 02939 RLC 19420 b
2234+1 Department facilities by a health maintenance organization,
2235+2 medical service corporation, or other health care provider,
2236+3 the bid may only be let to a health care provider that has
2237+4 obtained an irrevocable letter of credit or performance bond
2238+5 issued by a company whose bonds have an investment grade or
2239+6 higher rating by a bond rating organization.
2240+7 (4) When the Department lets bids for contracts for food
2241+8 or commissary services to be provided to Department
2242+9 facilities, the bid may only be let to a food or commissary
2243+10 services provider that has obtained an irrevocable letter of
2244+11 credit or performance bond issued by a company whose bonds
2245+12 have an investment grade or higher rating by a bond rating
2246+13 organization.
2247+14 (5) On and after the date 6 months after August 16, 2013
2248+15 (the effective date of Public Act 98-488), as provided in the
2249+16 Executive Order 1 (2012) Implementation Act, all of the
2250+17 powers, duties, rights, and responsibilities related to State
2251+18 healthcare purchasing under this Code that were transferred
2252+19 from the Department of Corrections to the Department of
2253+20 Healthcare and Family Services by Executive Order 3 (2005) are
2254+21 transferred back to the Department of Corrections; however,
2255+22 powers, duties, rights, and responsibilities related to State
2256+23 healthcare purchasing under this Code that were exercised by
2257+24 the Department of Corrections before the effective date of
2258+25 Executive Order 3 (2005) but that pertain to individuals
2259+26 resident in facilities operated by the Department of Juvenile
2260+
2261+
2262+
2263+
2264+
2265+ SB2323 - 63 - LRB104 02939 RLC 19420 b
2266+
2267+
2268+SB2323- 64 -LRB104 02939 RLC 19420 b SB2323 - 64 - LRB104 02939 RLC 19420 b
2269+ SB2323 - 64 - LRB104 02939 RLC 19420 b
2270+1 Justice are transferred to the Department of Juvenile Justice.
2271+2 (6) The Department of Corrections shall provide lactation
2272+3 or nursing mothers rooms for personnel of the Department. The
2273+4 rooms shall be provided in each facility of the Department
2274+5 that employs nursing mothers. Each individual lactation room
2275+6 must:
2276+7 (i) contain doors that lock;
2277+8 (ii) have an "Occupied" sign for each door;
2278+9 (iii) contain electrical outlets for plugging in
2279+10 breast pumps;
2280+11 (iv) have sufficient lighting and ventilation;
2281+12 (v) contain comfortable chairs;
2282+13 (vi) contain a countertop or table for all necessary
2283+14 supplies for lactation;
2284+15 (vii) contain a wastebasket and chemical cleaners to
2285+16 wash one's hands and to clean the surfaces of the
2286+17 countertop or table;
2287+18 (viii) have a functional sink;
2288+19 (ix) have a minimum of one refrigerator for storage of
2289+20 the breast milk; and
2290+21 (x) receive routine daily maintenance.
2291+22 (Source: P.A. 102-350, eff. 8-13-21; 102-535, eff. 1-1-22;
2292+23 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
2293+24 5-27-22; 103-834, eff. 1-1-25.)
2294+25 (730 ILCS 5/3-2.5-15)
2295+
2296+
2297+
2298+
2299+
2300+ SB2323 - 64 - LRB104 02939 RLC 19420 b
2301+
2302+
2303+SB2323- 65 -LRB104 02939 RLC 19420 b SB2323 - 65 - LRB104 02939 RLC 19420 b
2304+ SB2323 - 65 - LRB104 02939 RLC 19420 b
2305+1 Sec. 3-2.5-15. Department of Juvenile Justice; assumption
2306+2 of duties of the Juvenile Division.
2307+3 (a) The Department of Juvenile Justice shall assume the
2308+4 rights, powers, duties, and responsibilities of the Juvenile
2309+5 Division of the Department of Corrections. Personnel, books,
2310+6 records, property, and unencumbered appropriations pertaining
2311+7 to the Juvenile Division of the Department of Corrections
2312+8 shall be transferred to the Department of Juvenile Justice on
2313+9 the effective date of this amendatory Act of the 94th General
2314+10 Assembly. Any rights of employees or the State under the
2315+11 Personnel Code or any other contract or plan shall be
2316+12 unaffected by this transfer.
2317+13 (b) Department of Juvenile Justice personnel who are hired
2318+14 by the Department on or after the effective date of this
2319+15 amendatory Act of the 94th General Assembly and who
2320+16 participate or assist in the rehabilitative and vocational
2321+17 training of delinquent youths, supervise the daily activities
2322+18 involving direct and continuing responsibility for the youth's
2323+19 security, welfare and development, or participate in the
2324+20 personal rehabilitation of delinquent youth by training,
2325+21 supervising, and assisting lower level personnel who perform
2326+22 these duties must: (1) be over the age of 21 and (2) have a
2327+23 high school diploma or equivalent and either (A) a bachelor's
2328+24 or advanced degree from an accredited college or university or
2329+25 (B) 2 or more years of experience providing direct care to
2330+26 youth in the form of residential care, coaching, case
2331+
2332+
2333+
2334+
2335+
2336+ SB2323 - 65 - LRB104 02939 RLC 19420 b
2337+
2338+
2339+SB2323- 66 -LRB104 02939 RLC 19420 b SB2323 - 66 - LRB104 02939 RLC 19420 b
2340+ SB2323 - 66 - LRB104 02939 RLC 19420 b
2341+1 management, or mentoring. This requirement shall not apply to
2342+2 security, clerical, food service, and maintenance staff that
2343+3 do not have direct and regular contact with youth. The degree
2344+4 requirements specified in this subsection (b) are not required
2345+5 of persons who provide vocational training and who have
2346+6 adequate knowledge in the skill for which they are providing
2347+7 the vocational training.
2348+8 (c) Subsection (b) of this Section does not apply to
2349+9 personnel transferred to the Department of Juvenile Justice on
2350+10 the effective date of this amendatory Act of the 94th General
2351+11 Assembly.
2352+12 (d) The Department shall be under the direction of the
2353+13 Director of Juvenile Justice as provided in this Code.
2354+14 (e) The Director shall organize divisions within the
2355+15 Department and shall assign functions, powers, duties, and
2356+16 personnel as required by law. The Director may create other
2357+17 divisions and may assign other functions, powers, duties, and
2358+18 personnel as may be necessary or desirable to carry out the
2359+19 functions and responsibilities vested by law in the
2360+20 Department. The Director may, with the approval of the Office
2361+21 of the Governor, assign to and share functions, powers,
2362+22 duties, and personnel with other State agencies such that
2363+23 administrative services and administrative facilities are
2364+24 provided by a shared administrative service center. Where
2365+25 possible, shared services which impact youth should be done
2366+26 with child-serving agencies. These administrative services may
2367+
2368+
2369+
2370+
2371+
2372+ SB2323 - 66 - LRB104 02939 RLC 19420 b
2373+
2374+
2375+SB2323- 67 -LRB104 02939 RLC 19420 b SB2323 - 67 - LRB104 02939 RLC 19420 b
2376+ SB2323 - 67 - LRB104 02939 RLC 19420 b
2377+1 include, but are not limited to, all of the following
2378+2 functions: budgeting, accounting related functions, auditing,
2379+3 human resources, legal, procurement, training, data collection
2380+4 and analysis, information technology, internal investigations,
2381+5 intelligence, legislative services, emergency response
2382+6 capability, statewide transportation services, and general
2383+7 office support.
2384+8 (f) The Department of Juvenile Justice may enter into
2385+9 intergovernmental cooperation agreements under which minors
2386+10 adjudicated delinquent and committed to the Department of
2387+11 Juvenile Justice may participate in county juvenile impact
2388+12 incarceration programs established under Section 3-6039 of the
2389+13 Counties Code.
2390+14 (g) The Department of Juvenile Justice must comply with
2391+15 the ethnic and racial background data collection procedures
2392+16 provided in Section 4.5 of the Criminal Identification Act.
2393+17 (h) The Department of Juvenile Justice shall implement a
2394+18 wellness program to support health and wellbeing among staff
2395+19 and service providers within the Department of Juvenile
2396+20 Justice environment. The Department of Juvenile Justice shall
2397+21 establish response teams to provide support to employees and
2398+22 staff affected by events that are both duty-related and not
2399+23 duty-related and provide training to response team members.
2400+24 The Department's wellness program shall be accessible to any
2401+25 Department employee or service provider, including contractual
2402+26 employees and approved volunteers. The wellness program may
2403+
2404+
2405+
2406+
2407+
2408+ SB2323 - 67 - LRB104 02939 RLC 19420 b
2409+
2410+
2411+SB2323- 68 -LRB104 02939 RLC 19420 b SB2323 - 68 - LRB104 02939 RLC 19420 b
2412+ SB2323 - 68 - LRB104 02939 RLC 19420 b
2413+1 include information sharing, education and activities designed
2414+2 to support health and well-being within the Department's
2415+3 environment. Access to wellness response team support shall be
2416+4 voluntary and remain confidential.
2417+5 (i) The Department of Juvenile Justice shall collaborate
2418+6 with the Department of Human Services and other State agencies
2419+7 to develop and implement screening and follow-up protocols for
2420+8 intake and aftercare personnel on identification and response
2421+9 to children and adolescents who show indications of being
2422+10 victims of human trafficking or at risk of human trafficking.
2423+11 Protocols should include assessment and provision of
2424+12 pre-release and post-release housing, legal, medical, mental
2425+13 health, and substance use disorder treatment services and
2426+14 recognize the specialized needs of victims of human
2427+15 trafficking and commercial sexual exploitation.
2428+16 (j) The Department of Juvenile Justice shall require the
2429+17 juvenile justice system to provide access to specialized
2430+18 services for identified trafficked children and youth. In this
2431+19 subsection, "specialized services" means substance-use
2432+20 disorder, mental health, medical and other support services by
2433+21 Department employees and contractors who have completed
2434+22 victim-centered, trauma-informed training specifically
2435+23 designed to address the complex psychological and physical
2436+24 needs of victims of human trafficking, sexual exploitation,
2437+25 and involvement in the sex trade.
2438+26 (k) The Department of Juvenile Justice shall require
2439+
2440+
2441+
2442+
2443+
2444+ SB2323 - 68 - LRB104 02939 RLC 19420 b
2445+
2446+
2447+SB2323- 69 -LRB104 02939 RLC 19420 b SB2323 - 69 - LRB104 02939 RLC 19420 b
2448+ SB2323 - 69 - LRB104 02939 RLC 19420 b
2449+1 statewide training for juvenile justice agencies and their
2450+2 direct service personnel on identification and response to
2451+3 child trafficking.
2452+4 (Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.)
2453+5 Section 70. The Code of Civil Procedure is amended by
2454+6 changing Section 13-202.2 as follows:
2455+7 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
2456+8 Sec. 13-202.2. Childhood sexual abuse.
2457+9 (a) In this Section:
2458+10 "Childhood sexual abuse" means an act of sexual abuse that
2459+11 occurs when the person abused is under 18 years of age.
2460+12 "Sexual abuse" includes but is not limited to sexual
2461+13 conduct and sexual penetration as defined in Section 11-0.1 of
2462+14 the Criminal Code of 2012.
2463+15 (b) Notwithstanding any other provision of law, an action
2464+16 for damages for personal injury based on childhood sexual
2465+17 abuse or a violation of Section 10-9 of the Criminal Code of
2466+18 2012 in which the victim is a minor must be commenced within 20
2467+19 years of the date the limitation period begins to run under
2468+20 subsection (d) or within 20 years of the date the person abused
2469+21 discovers or through the use of reasonable diligence should
2470+22 discover both (i) that the act of childhood sexual abuse
2471+23 occurred and (ii) that the injury was caused by the childhood
2472+24 sexual abuse or a violation of Section 10-9 of the Criminal
2473+
2474+
2475+
2476+
2477+
2478+ SB2323 - 69 - LRB104 02939 RLC 19420 b
2479+
2480+
2481+SB2323- 70 -LRB104 02939 RLC 19420 b SB2323 - 70 - LRB104 02939 RLC 19420 b
2482+ SB2323 - 70 - LRB104 02939 RLC 19420 b
2483+1 Code of 2012 in which the victim is a minor. The fact that the
2484+2 person abused discovers or through the use of reasonable
2485+3 diligence should discover that the act of childhood sexual
2486+4 abuse occurred is not, by itself, sufficient to start the
2487+5 discovery period under this subsection (b). Knowledge of the
2488+6 abuse does not constitute discovery of the injury or the
2489+7 causal relationship between any later-discovered injury and
2490+8 the abuse.
2491+9 (c) If the injury is caused by 2 or more acts of childhood
2492+10 sexual abuse or a violation of Section 10-9 of the Criminal
2493+11 Code of 2012 in which the victim is a minor that are part of a
2494+12 continuing series of acts of childhood sexual abuse or a
2495+13 violation of Section 10-9 of the Criminal Code of 2012 in which
2496+14 the victim is a minor by the same abuser, then the discovery
2497+15 period under subsection (b) shall be computed from the date
2498+16 the person abused discovers or through the use of reasonable
2499+17 diligence should discover both (i) that the last act of
2500+18 childhood sexual abuse or a violation of Section 10-9 of the
2501+19 Criminal Code of 2012 in which the victim is a minor in the
2502+20 continuing series occurred and (ii) that the injury was caused
2503+21 by any act of childhood sexual abuse or a violation of Section
2504+22 10-9 of the Criminal Code of 2012 in which the victim is a
2505+23 minor in the continuing series. The fact that the person
2506+24 abused discovers or through the use of reasonable diligence
2507+25 should discover that the last act of childhood sexual abuse in
2508+26 the continuing series occurred is not, by itself, sufficient
2509+
2510+
2511+
2512+
2513+
2514+ SB2323 - 70 - LRB104 02939 RLC 19420 b
2515+
2516+
2517+SB2323- 71 -LRB104 02939 RLC 19420 b SB2323 - 71 - LRB104 02939 RLC 19420 b
2518+ SB2323 - 71 - LRB104 02939 RLC 19420 b
2519+1 to start the discovery period under subsection (b). Knowledge
2520+2 of the abuse does not constitute discovery of the injury or the
2521+3 causal relationship between any later-discovered injury and
2522+4 the abuse.
2523+5 (d) The limitation periods under subsection (b) do not
2524+6 begin to run before the person abused attains the age of 18
2525+7 years; and, if at the time the person abused attains the age of
2526+8 18 years he or she is under other legal disability, the
2527+9 limitation periods under subsection (b) do not begin to run
2528+10 until the removal of the disability.
2529+11 (d-1) The limitation periods in subsection (b) do not run
2530+12 during a time period when the person abused is subject to
2531+13 threats, intimidation, manipulation, fraudulent concealment,
2532+14 or fraud perpetrated by the abuser or by any person acting in
2533+15 the interest of the abuser.
2534+16 (e) This Section applies to actions pending on the
2535+17 effective date of this amendatory Act of 1990 as well as to
2536+18 actions commenced on or after that date. The changes made by
2537+19 this amendatory Act of 1993 shall apply only to actions
2538+20 commenced on or after the effective date of this amendatory
2539+21 Act of 1993. The changes made by this amendatory Act of the
2540+22 93rd General Assembly apply to actions pending on the
2541+23 effective date of this amendatory Act of the 93rd General
2542+24 Assembly as well as actions commenced on or after that date.
2543+25 The changes made by this amendatory Act of the 96th General
2544+26 Assembly apply to actions commenced on or after the effective
2545+
2546+
2547+
2548+
2549+
2550+ SB2323 - 71 - LRB104 02939 RLC 19420 b
2551+
2552+
2553+SB2323- 72 -LRB104 02939 RLC 19420 b SB2323 - 72 - LRB104 02939 RLC 19420 b
2554+ SB2323 - 72 - LRB104 02939 RLC 19420 b
2555+1 date of this amendatory Act of the 96th General Assembly if the
2556+2 action would not have been time barred under any statute of
2557+3 limitations or statute of repose prior to the effective date
2558+4 of this amendatory Act of the 96th General Assembly.
2559+5 (f) Notwithstanding any other provision of law, an action
2560+6 for damages based on childhood sexual abuse or a violation of
2561+7 Section 10-9 of the Criminal Code of 2012 in which the victim
2562+8 is a minor may be commenced at any time; provided, however,
2563+9 that the changes made by this amendatory Act of the 98th
2564+10 General Assembly apply to actions commenced on or after the
2565+11 effective date of this amendatory Act of the 98th General
2566+12 Assembly if the action would not have been time barred under
2567+13 any statute of limitations or statute of repose prior to the
2568+14 effective date of this amendatory Act of the 98th General
2569+15 Assembly.
2570+16 (Source: P.A. 101-435, eff. 8-20-19.)
2571+17 Section 75. The Business Corporation Act of 1983 is
2572+18 amended by changing Section 12.35 as follows:
2573+19 (805 ILCS 5/12.35) (from Ch. 32, par. 12.35)
2574+20 Sec. 12.35. Grounds for administrative dissolution. The
2575+21 Secretary of State may dissolve any corporation
2576+22 administratively if:
2577+23 (a) It has failed to file its annual report or final
2578+24 transition annual report and pay its franchise tax as required
2579+
2580+
2581+
2582+
2583+
2584+ SB2323 - 72 - LRB104 02939 RLC 19420 b
2585+
2586+
2587+SB2323- 73 -LRB104 02939 RLC 19420 b SB2323 - 73 - LRB104 02939 RLC 19420 b
2588+ SB2323 - 73 - LRB104 02939 RLC 19420 b
2589+1 by this Act before the first day of the anniversary month or,
2590+2 in the case of a corporation which has established an extended
2591+3 filing month, the extended filing month of the corporation of
2592+4 the year in which such annual report becomes due and such
2593+5 franchise tax becomes payable;
2594+6 (b) it has failed to file in the office of the Secretary of
2595+7 State any report after the expiration of the period prescribed
2596+8 in this Act for filing such report;
2597+9 (c) it has failed to pay any fees, franchise taxes, or
2598+10 charges prescribed by this Act;
2599+11 (d) it has misrepresented any material matter in any
2600+12 application, report, affidavit, or other document filed by the
2601+13 corporation pursuant to this Act;
2602+14 (e) it has failed to appoint and maintain a registered
2603+15 agent in this State;
2604+16 (f) it has tendered payment to the Secretary of State
2605+17 which is returned due to insufficient funds, a closed account,
2606+18 or for any other reason, and acceptable payment has not been
2607+19 subsequently tendered;
2608+20 (g) upon the failure of an officer or director to whom
2609+21 interrogatories have been propounded by the Secretary of State
2610+22 as provided in this Act, to answer the same fully and to file
2611+23 such answer in the office of the Secretary of State; or
2612+24 (h) if the answer to such interrogatories discloses, or if
2613+25 the fact is otherwise ascertained, that the proportion of the
2614+26 sum of the paid-in capital of such corporation represented in
2615+
2616+
2617+
2618+
2619+
2620+ SB2323 - 73 - LRB104 02939 RLC 19420 b
2621+
2622+
2623+SB2323- 74 -LRB104 02939 RLC 19420 b SB2323 - 74 - LRB104 02939 RLC 19420 b
2624+ SB2323 - 74 - LRB104 02939 RLC 19420 b
2625+1 this State is greater than the amount on which such
2626+2 corporation has theretofore paid fees and franchise taxes, and
2627+3 the deficiency therein is not paid; or .
2628+4 (i) if the corporation or any of its incorporators or
2629+5 directors are convicted of any violation of Section 10-9 of
24182630 6 the Criminal Code of 2012.
2419-7 (b) Notwithstanding any other provision of law, an action
2420-8 for damages for personal injury based on childhood sexual
2421-9 abuse or a violation of Section 10-9 of the Criminal Code of
2422-10 2012 in which the victim is a minor must be commenced within 20
2423-11 years of the date the limitation period begins to run under
2424-12 subsection (d) or within 20 years of the date the person abused
2425-13 discovers or through the use of reasonable diligence should
2426-14 discover both (i) that the act of childhood sexual abuse
2427-15 occurred and (ii) that the injury was caused by the childhood
2428-16 sexual abuse or a violation of Section 10-9 of the Criminal
2429-17 Code of 2012 in which the victim is a minor. The fact that the
2430-18 person abused discovers or through the use of reasonable
2431-19 diligence should discover that the act of childhood sexual
2432-20 abuse occurred is not, by itself, sufficient to start the
2433-21 discovery period under this subsection (b). Knowledge of the
2434-22 abuse does not constitute discovery of the injury or the
2435-23 causal relationship between any later-discovered injury and
2436-24 the abuse.
2437-25 (c) If the injury is caused by 2 or more acts of childhood
2438-26 sexual abuse or a violation of Section 10-9 of the Criminal
2439-
2440-
2441-
2442-
2443-
2444- SB2323 Engrossed - 69 - LRB104 02939 RLC 19420 b
2445-
2446-
2447-SB2323 Engrossed- 70 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 70 - LRB104 02939 RLC 19420 b
2448- SB2323 Engrossed - 70 - LRB104 02939 RLC 19420 b
2449-1 Code of 2012 in which the victim is a minor that are part of a
2450-2 continuing series of acts of childhood sexual abuse or a
2451-3 violation of Section 10-9 of the Criminal Code of 2012 in which
2452-4 the victim is a minor by the same abuser, then the discovery
2453-5 period under subsection (b) shall be computed from the date
2454-6 the person abused discovers or through the use of reasonable
2455-7 diligence should discover both (i) that the last act of
2456-8 childhood sexual abuse or a violation of Section 10-9 of the
2457-9 Criminal Code of 2012 in which the victim is a minor in the
2458-10 continuing series occurred and (ii) that the injury was caused
2459-11 by any act of childhood sexual abuse or a violation of Section
2460-12 10-9 of the Criminal Code of 2012 in which the victim is a
2461-13 minor in the continuing series. The fact that the person
2462-14 abused discovers or through the use of reasonable diligence
2463-15 should discover that the last act of childhood sexual abuse in
2464-16 the continuing series occurred is not, by itself, sufficient
2465-17 to start the discovery period under subsection (b). Knowledge
2466-18 of the abuse does not constitute discovery of the injury or the
2467-19 causal relationship between any later-discovered injury and
2468-20 the abuse.
2469-21 (d) The limitation periods under subsection (b) do not
2470-22 begin to run before the person abused attains the age of 18
2471-23 years; and, if at the time the person abused attains the age of
2472-24 18 years he or she is under other legal disability, the
2473-25 limitation periods under subsection (b) do not begin to run
2474-26 until the removal of the disability.
2475-
2476-
2477-
2478-
2479-
2480- SB2323 Engrossed - 70 - LRB104 02939 RLC 19420 b
2481-
2482-
2483-SB2323 Engrossed- 71 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 71 - LRB104 02939 RLC 19420 b
2484- SB2323 Engrossed - 71 - LRB104 02939 RLC 19420 b
2485-1 (d-1) The limitation periods in subsection (b) do not run
2486-2 during a time period when the person abused is subject to
2487-3 threats, intimidation, manipulation, fraudulent concealment,
2488-4 or fraud perpetrated by the abuser or by any person acting in
2489-5 the interest of the abuser.
2490-6 (e) This Section applies to actions pending on the
2491-7 effective date of this amendatory Act of 1990 as well as to
2492-8 actions commenced on or after that date. The changes made by
2493-9 this amendatory Act of 1993 shall apply only to actions
2494-10 commenced on or after the effective date of this amendatory
2495-11 Act of 1993. The changes made by this amendatory Act of the
2496-12 93rd General Assembly apply to actions pending on the
2497-13 effective date of this amendatory Act of the 93rd General
2498-14 Assembly as well as actions commenced on or after that date.
2499-15 The changes made by this amendatory Act of the 96th General
2500-16 Assembly apply to actions commenced on or after the effective
2501-17 date of this amendatory Act of the 96th General Assembly if the
2502-18 action would not have been time barred under any statute of
2503-19 limitations or statute of repose prior to the effective date
2504-20 of this amendatory Act of the 96th General Assembly.
2505-21 (f) Notwithstanding any other provision of law, an action
2506-22 for damages based on childhood sexual abuse or a violation of
2507-23 Section 10-9 of the Criminal Code of 2012 in which the victim
2508-24 is a minor may be commenced at any time; provided, however,
2509-25 that the changes made by this amendatory Act of the 98th
2510-26 General Assembly apply to actions commenced on or after the
2511-
2512-
2513-
2514-
2515-
2516- SB2323 Engrossed - 71 - LRB104 02939 RLC 19420 b
2517-
2518-
2519-SB2323 Engrossed- 72 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 72 - LRB104 02939 RLC 19420 b
2520- SB2323 Engrossed - 72 - LRB104 02939 RLC 19420 b
2521-1 effective date of this amendatory Act of the 98th General
2522-2 Assembly if the action would not have been time barred under
2523-3 any statute of limitations or statute of repose prior to the
2524-4 effective date of this amendatory Act of the 98th General
2525-5 Assembly.
2526-6 (Source: P.A. 101-435, eff. 8-20-19.)
2527-7 Section 75. The Business Corporation Act of 1983 is
2528-8 amended by changing Section 12.35 as follows:
2529-9 (805 ILCS 5/12.35) (from Ch. 32, par. 12.35)
2530-10 Sec. 12.35. Grounds for administrative dissolution. The
2531-11 Secretary of State may dissolve any corporation
2532-12 administratively if:
2533-13 (a) It has failed to file its annual report or final
2534-14 transition annual report and pay its franchise tax as required
2535-15 by this Act before the first day of the anniversary month or,
2536-16 in the case of a corporation which has established an extended
2537-17 filing month, the extended filing month of the corporation of
2538-18 the year in which such annual report becomes due and such
2539-19 franchise tax becomes payable;
2540-20 (b) it has failed to file in the office of the Secretary of
2541-21 State any report after the expiration of the period prescribed
2542-22 in this Act for filing such report;
2543-23 (c) it has failed to pay any fees, franchise taxes, or
2544-24 charges prescribed by this Act;
2545-
2546-
2547-
2548-
2549-
2550- SB2323 Engrossed - 72 - LRB104 02939 RLC 19420 b
2551-
2552-
2553-SB2323 Engrossed- 73 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 73 - LRB104 02939 RLC 19420 b
2554- SB2323 Engrossed - 73 - LRB104 02939 RLC 19420 b
2555-1 (d) it has misrepresented any material matter in any
2556-2 application, report, affidavit, or other document filed by the
2557-3 corporation pursuant to this Act;
2558-4 (e) it has failed to appoint and maintain a registered
2559-5 agent in this State;
2560-6 (f) it has tendered payment to the Secretary of State
2561-7 which is returned due to insufficient funds, a closed account,
2562-8 or for any other reason, and acceptable payment has not been
2563-9 subsequently tendered;
2564-10 (g) upon the failure of an officer or director to whom
2565-11 interrogatories have been propounded by the Secretary of State
2566-12 as provided in this Act, to answer the same fully and to file
2567-13 such answer in the office of the Secretary of State; or
2568-14 (h) if the answer to such interrogatories discloses, or if
2569-15 the fact is otherwise ascertained, that the proportion of the
2570-16 sum of the paid-in capital of such corporation represented in
2571-17 this State is greater than the amount on which such
2572-18 corporation has theretofore paid fees and franchise taxes, and
2573-19 the deficiency therein is not paid; or .
2574-20 (i) if the corporation or any of its incorporators or
2575-21 directors are convicted of any violation of Section 10-9 of
2576-22 the Criminal Code of 2012.
2577-23 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
2578-24 Section 99. Effective date. This Act takes effect January
2579-25 1, 2026, except that this Section and paragraph (1) of
2580-26 subsection (b) of Sec. 1-90 of Section 10 take effect upon
2581-
2582-
2583-
2584-
2585-
2586- SB2323 Engrossed - 73 - LRB104 02939 RLC 19420 b
2587-
2588-
2589-SB2323 Engrossed- 74 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 74 - LRB104 02939 RLC 19420 b
2590- SB2323 Engrossed - 74 - LRB104 02939 RLC 19420 b
2591-1 becoming law.
2592-SB2323 Engrossed- 75 -LRB104 02939 RLC 19420 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 505/45.1 new4 20 ILCS 1305/1-90 new5 20 ILCS 1505/1505-225 new6 20 ILCS 2605/2605-625 new7 50 ILCS 705/2from Ch. 85, par. 5028 50 ILCS 705/10.219 50 ILCS 705/10.2310 50 ILCS 705/10.27 new11 30 ILCS 500/25-210 new12 55 ILCS 80/4from Ch. 23, par. 180413 705 ILCS 405/5-175 new14 720 ILCS 5/10-915 725 ILCS 5/106B-516 725 ILCS 5/115-10from Ch. 38, par. 115-1017 725 ILCS 203/1018 725 ILCS 210/4.13 new19 730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-220 730 ILCS 5/3-2.5-1521 735 ILCS 5/13-202.2from Ch. 110, par. 13-202.222 805 ILCS 5/12.35from Ch. 32, par. 12.35 SB2323 Engrossed- 75 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 75 - LRB104 02939 RLC 19420 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 505/45.1 new 4 20 ILCS 1305/1-90 new 5 20 ILCS 1505/1505-225 new 6 20 ILCS 2605/2605-625 new 7 50 ILCS 705/2 from Ch. 85, par. 502 8 50 ILCS 705/10.21 9 50 ILCS 705/10.23 10 50 ILCS 705/10.27 new 11 30 ILCS 500/25-210 new 12 55 ILCS 80/4 from Ch. 23, par. 1804 13 705 ILCS 405/5-175 new 14 720 ILCS 5/10-9 15 725 ILCS 5/106B-5 16 725 ILCS 5/115-10 from Ch. 38, par. 115-10 17 725 ILCS 203/10 18 725 ILCS 210/4.13 new 19 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2 20 730 ILCS 5/3-2.5-15 21 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2 22 805 ILCS 5/12.35 from Ch. 32, par. 12.35
2593-SB2323 Engrossed- 75 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 75 - LRB104 02939 RLC 19420 b
2594- SB2323 Engrossed - 75 - LRB104 02939 RLC 19420 b
2631+7 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
2632+8 Section 99. Effective date. This Act takes effect January
2633+9 1, 2026, except that this Section and paragraph (1) of
2634+10 subsection (b) of Sec. 1-90 of Section 10 take effect upon
2635+11 becoming law.
2636+SB2323- 75 -LRB104 02939 RLC 19420 b 1 INDEX 2 Statutes amended in order of appearance SB2323- 75 -LRB104 02939 RLC 19420 b SB2323 - 75 - LRB104 02939 RLC 19420 b 1 INDEX 2 Statutes amended in order of appearance
2637+SB2323- 75 -LRB104 02939 RLC 19420 b SB2323 - 75 - LRB104 02939 RLC 19420 b
2638+ SB2323 - 75 - LRB104 02939 RLC 19420 b
25952639 1 INDEX
25962640 2 Statutes amended in order of appearance
2597-3 20 ILCS 505/45.1 new
2598-4 20 ILCS 1305/1-90 new
2599-5 20 ILCS 1505/1505-225 new
2600-6 20 ILCS 2605/2605-625 new
2601-7 50 ILCS 705/2 from Ch. 85, par. 502
2602-8 50 ILCS 705/10.21
2603-9 50 ILCS 705/10.23
2604-10 50 ILCS 705/10.27 new
2605-11 30 ILCS 500/25-210 new
2606-12 55 ILCS 80/4 from Ch. 23, par. 1804
2607-13 705 ILCS 405/5-175 new
2608-14 720 ILCS 5/10-9
2609-15 725 ILCS 5/106B-5
2610-16 725 ILCS 5/115-10 from Ch. 38, par. 115-10
2611-17 725 ILCS 203/10
2612-18 725 ILCS 210/4.13 new
2613-19 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
2614-20 730 ILCS 5/3-2.5-15
2615-21 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
2616-22 805 ILCS 5/12.35 from Ch. 32, par. 12.35
2617-
2618-
2619-
2620-
2621-
2622- SB2323 Engrossed - 74 - LRB104 02939 RLC 19420 b
2623-
2624-
2625-
2626-SB2323 Engrossed- 75 -LRB104 02939 RLC 19420 b SB2323 Engrossed - 75 - LRB104 02939 RLC 19420 b
2627- SB2323 Engrossed - 75 - LRB104 02939 RLC 19420 b
2641+
2642+
2643+
2644+
2645+
2646+ SB2323 - 74 - LRB104 02939 RLC 19420 b
2647+
2648+
2649+
2650+SB2323- 75 -LRB104 02939 RLC 19420 b SB2323 - 75 - LRB104 02939 RLC 19420 b
2651+ SB2323 - 75 - LRB104 02939 RLC 19420 b
26282652 1 INDEX
26292653 2 Statutes amended in order of appearance
2630-3 20 ILCS 505/45.1 new
2631-4 20 ILCS 1305/1-90 new
2632-5 20 ILCS 1505/1505-225 new
2633-6 20 ILCS 2605/2605-625 new
2634-7 50 ILCS 705/2 from Ch. 85, par. 502
2635-8 50 ILCS 705/10.21
2636-9 50 ILCS 705/10.23
2637-10 50 ILCS 705/10.27 new
2638-11 30 ILCS 500/25-210 new
2639-12 55 ILCS 80/4 from Ch. 23, par. 1804
2640-13 705 ILCS 405/5-175 new
2641-14 720 ILCS 5/10-9
2642-15 725 ILCS 5/106B-5
2643-16 725 ILCS 5/115-10 from Ch. 38, par. 115-10
2644-17 725 ILCS 203/10
2645-18 725 ILCS 210/4.13 new
2646-19 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
2647-20 730 ILCS 5/3-2.5-15
2648-21 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
2649-22 805 ILCS 5/12.35 from Ch. 32, par. 12.35
2650-
2651-
2652-
2653-
2654-
2655- SB2323 Engrossed - 75 - LRB104 02939 RLC 19420 b
2654+
2655+
2656+
2657+
2658+
2659+ SB2323 - 75 - LRB104 02939 RLC 19420 b