Rep. Michael J. Madigan
Filed: 5/16/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1890




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


4 "Section 5. The Illinois Police Training Act is amended by 
5adding Section 10.23 as follows:

6 (50 ILCS 705/10.23 new)
7 Sec. 10.23. Training; human trafficking.
8 (a) In this Section:
9 "Human trafficking" includes "involuntary servitude" under 
10subsection (b) of Section 10-9 of the Criminal Code of 2012, 
11"involuntary sexual servitude of a minor" under subsection (c) 
12of Section 10-9 of the Criminal Code of 2012, and "trafficking 
13in persons" under subsection (d) of Section 10-9 of the 
14Criminal Code of 2012.
15 "Police officer" includes full-time or part-time 
16probationary police officers, permanent or part-time police 
 
 
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1officers, law enforcement officers, recruits, permanent or 
2probationary county corrections officers, permanent or 
3probationary county security officers, and court security 
4officers. "Police officer" does not include auxiliary police 
5officers as defined in Section 3.1-30-20 of the Illinois 
6Municipal Code.
7 (b) The Board shall conduct or approve an in-service 
8training program for police officers in the detection and 
9investigation of all forms of human trafficking.

10 Section 10. The Criminal Code of 2012 is amended by 
11changing Sections 3-6 and 10-9 as follows:




12 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)


13 Sec. 3-6. Extended limitations. The period within which a 
14prosecution
must be commenced under the provisions of Section 
153-5 or other applicable
statute is extended under the following 
16conditions:

17 (a) A prosecution for theft involving a breach of a 
18fiduciary obligation
to the aggrieved person may be commenced 
19as follows:

20  (1) If the aggrieved person is a minor or a person 
21 under legal disability,
then during the minority or legal 
22 disability or within one year after the
termination 
23 thereof.

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

10 (b) A prosecution for any offense based upon misconduct in 
11office by a
public officer or employee may be commenced within 
12one year after discovery
of the offense by a person having a 
13legal duty to report such offense, or
in the absence of such 
14discovery, within one year after the proper
prosecuting officer 
15becomes aware of the offense. However, in no such case
is the 
16period of limitation so extended more than 3 years beyond the

17expiration of the period otherwise applicable.

18 (b-5) When the victim is under 18 years of age at the time 
19of the offense, a prosecution for involuntary servitude, 
20involuntary sexual servitude of a minor, or trafficking in 
21persons and related offenses under Section 10-9 of this Code 
22may be commenced within 25 years of the victim attaining the 
23age of 18 years.
24 (b-6) When the victim is 18 years of age or over at the 
25time of the offense, a prosecution for involuntary servitude, 
26involuntary sexual servitude of a minor, or trafficking in 
 
 
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1persons and related offenses under Section 10-9 of this Code 
2may be commenced within 25 years after the commission of the 
3offense. 
4 (c) (Blank).

5 (d) A prosecution for child pornography, aggravated child 
6pornography, indecent
solicitation of a
child, soliciting for a 
7juvenile prostitute, juvenile pimping,
exploitation of a 
8child, or promoting juvenile prostitution except for keeping a 
9place of juvenile prostitution may be commenced within one year 
10of the victim
attaining the age of 18 years. However, in no 
11such case shall the time
period for prosecution expire sooner 
12than 3 years after the commission of
the offense.

13 (e) Except as otherwise provided in subdivision (j), a 
14prosecution for
any offense involving sexual conduct or sexual

15penetration, as defined in Section 11-0.1 of this Code, where 
16the defendant
was within a professional or fiduciary 
17relationship or a purported
professional or fiduciary 
18relationship with the victim at the
time of the commission of 
19the offense may be commenced within one year
after the 
20discovery of the offense by the victim.

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

22of the Environmental Protection Act
may be commenced within 5 
23years after the discovery of such
an offense by a person or 
24agency having the legal duty to report the
offense or in the 
25absence of such discovery, within 5 years
after the proper 
26prosecuting officer becomes aware of the offense.

 
 
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1 (f-5) A prosecution for any offense set forth in Section 
216-30 of this Code may be commenced within 5 years after the 
3discovery of the offense by the victim of that offense.

4 (g) (Blank).

5 (h) (Blank).

6 (i) Except as otherwise provided in subdivision (j), a 
7prosecution for
criminal sexual assault, aggravated criminal

8sexual assault, or aggravated criminal sexual abuse may be 
9commenced within 10
years of the commission of the offense if 
10the victim reported the offense to
law enforcement authorities 
11within 3 years after the commission of the offense. If the 
12victim consented to the collection of evidence using an 
13Illinois State Police Sexual Assault Evidence Collection Kit 
14under the Sexual Assault Survivors Emergency Treatment Act, it 
15shall constitute reporting for purposes of this Section.

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

17shorten a period within which a prosecution must be commenced 
18under any other
provision of this Section.

19 (i-5) A prosecution for armed robbery, home invasion, 
20kidnapping, or aggravated kidnaping may be commenced within 10 
21years of the commission of the offense if it arises out of the 
22same course of conduct and meets the criteria under one of the 
23offenses in subsection (i) of this Section. 
24 (j) (1) When the victim is under 18 years of age at the 
25time of the offense, a
prosecution
for criminal sexual assault, 
26aggravated criminal sexual assault, predatory
criminal sexual 
 
 
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1assault of a child, aggravated criminal sexual abuse, or felony 
2criminal sexual abuse may be commenced at any time.
3 (2) When the victim is under 18 years of age at the time of 
4the offense, a prosecution for failure of a person who is 
5required to report an alleged
or suspected commission of 
6criminal sexual assault, aggravated criminal sexual assault, 
7predatory criminal sexual assault of a child, aggravated 
8criminal sexual abuse, or felony criminal sexual abuse under 
9the Abused and Neglected
Child Reporting Act may be
commenced 
10within 20 years after the child victim attains 18
years of age.
11 (3) When the victim is under 18 years of age at the time of 
12the offense, a
prosecution
for misdemeanor criminal sexual 
13abuse may be
commenced within 10 years after the child victim 
14attains 18
years of age.

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

16shorten a period within which a prosecution must be commenced 
17under any other
provision of this Section.

18 (j-5) A prosecution for armed robbery, home invasion, 
19kidnapping, or aggravated kidnaping may be commenced at any 
20time if it arises out of the same course of conduct and meets 
21the criteria under one of the offenses in subsection (j) of 
22this Section.
23 (k) (Blank).

24 (l) A prosecution for any offense set forth in Section 26-4 
25of this Code may be commenced within one year after the 
26discovery of the offense by the victim of that offense. 
 
 
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1 (l-5) A prosecution for any offense involving sexual 
2conduct or sexual penetration, as defined in Section 11-0.1 of 
3this Code, in which the victim was 18 years of age or older at 
4the time of the offense, may be commenced within one year after 
5the discovery of the offense by the victim when corroborating 
6physical evidence is available. The charging document shall 
7state that the statute of limitations is extended under this 
8subsection (l-5) and shall state the circumstances justifying 
9the extension.
Nothing in this subsection (l-5) shall be 
10construed to shorten a period within which a prosecution must 
11be commenced under any other provision of this Section or 
12Section 3-5 of this Code. 
13 (m) The prosecution shall not be required to prove at trial 
14facts which extend the general limitations in Section 3-5 of 
15this Code when the facts supporting extension of the period of 
16general limitations are properly pled in the charging document. 
17Any challenge relating to the extension of the general 
18limitations period as defined in this Section shall be 
19exclusively conducted under Section 114-1 of the Code of 
20Criminal Procedure of 1963.
21 (n) A prosecution for any offense set forth in subsection 
22(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the 
23Illinois Public Aid Code, in which the total amount of money 
24involved is $5,000 or more, including the monetary value of 
25food stamps and the value of commodities under Section 16-1 of 
26this Code may be commenced within 5 years of the last act 
 
 
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1committed in furtherance of the offense.
2(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; 
3100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. 
41-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, 
5eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)

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

15  (2.5) "Company" means any sole proprietorship, 
16 organization, association, corporation, partnership, joint 
17 venture, limited partnership, limited liability 
18 partnership, limited liability limited partnership, 
19 limited liability company, or other entity or business 
20 association, including all wholly-owned subsidiaries, 
21 majority-owned subsidiaries, parent companies, or 
22 affiliates of those entities or business associations, 
23 that exist for the purpose of making profit. 
24  (3) "Financial harm" includes intimidation that brings 
25 about financial loss, criminal usury, or employment 
 
 
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1 contracts that violate the Frauds Act.
2  (4) (Blank).
3  (5) "Labor" means work of economic or financial value.
4  (6) "Maintain" means, in relation to labor or services, 
5 to secure continued performance thereof, regardless of any 
6 initial agreement on the part of the victim to perform that 
7 type of service.
8  (7) "Obtain" means, in relation to labor or services, 
9 to secure performance thereof.
10  (7.5) "Serious harm" means any harm, whether physical 
11 or nonphysical, including psychological, financial, or 
12 reputational harm, that is sufficiently serious, under all 
13 the surrounding circumstances, to compel a reasonable 
14 person of the same background and in the same circumstances 
15 to perform or to continue performing labor or services in 
16 order to avoid incurring that harm. 
17  (8) "Services" means activities resulting from a 
18 relationship between a person and the actor in which the 
19 person performs activities under the supervision of or for 
20 the benefit of the actor. Commercial sexual activity and 
21 sexually-explicit performances are forms of activities 
22 that are "services" under this Section. Nothing in this 
23 definition may be construed to legitimize or legalize 
24 prostitution.
25  (9) "Sexually-explicit performance" means a live, 
26 recorded, broadcast (including over the Internet), or 
 
 
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1 public act or show intended to arouse or satisfy the sexual 
2 desires or appeal to the prurient interests of patrons.
3  (10) "Trafficking victim" means a person subjected to 
4 the practices set forth in subsection (b), (c), or (d).
5 (b) Involuntary servitude. A person commits involuntary 
6servitude when he or she knowingly subjects, attempts to 
7subject, or engages in a conspiracy to subject another person 
8to labor or services obtained or maintained through any of the 
9following means, or any combination of these means: 
10  (1) causes or threatens to cause physical harm to any 
11 person;
12  (2) physically restrains or threatens to physically 
13 restrain another person;
14  (3) abuses or threatens to abuse the law or legal 
15 process;
16  (4) knowingly destroys, conceals, removes, 
17 confiscates, or possesses any actual or purported passport 
18 or other immigration document, or any other actual or 
19 purported government identification document, of another 
20 person;
21  (5) uses intimidation, or exerts financial control 
22 over any person; or
23  (6) uses any scheme, plan, or pattern intended to cause 
24 the person to believe that, if the person did not perform 
25 the labor or services, that person or another person would 
26 suffer serious harm or physical restraint. 
 
 
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1 Sentence. Except as otherwise provided in subsection (e) or 
2(f), a violation of subsection (b)(1) is a Class X felony, 
3(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) 
4is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. 
5 (c) Involuntary sexual servitude of a minor. A person 
6commits involuntary sexual servitude of a minor when he or she 
7knowingly recruits, entices, harbors, transports, provides, or 
8obtains by any means, or attempts to recruit, entice, harbor, 
9provide, or obtain by any means, another person under 18 years 
10of age, knowing that the minor will engage in commercial sexual 
11activity, a sexually-explicit performance, or the production 
12of pornography, or causes or attempts to cause a minor to 
13engage in one or more of those activities and:
14  (1) there is no overt force or threat and the minor is 
15 between the ages of 17 and 18 years;
16  (2) there is no overt force or threat and the minor is 
17 under the age of 17 years; or
18  (3) there is overt force or threat.
19 Sentence. Except as otherwise provided in subsection (e) or 
20(f), a violation of subsection (c)(1) is a Class 1 felony, 
21(c)(2) is a Class X felony, and (c)(3) is a Class X felony. 
22 (d) Trafficking in persons. A person commits trafficking in 
23persons when he or she knowingly: (1) recruits, entices, 
24harbors, transports, provides, or obtains by any means, or 
25attempts to recruit, entice, harbor, transport, provide, or 
26obtain by any means, another person, intending or knowing that 
 
 
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1the person will be subjected to involuntary servitude; or (2) 
2benefits, financially or by receiving anything of value, from 
3participation in a venture that has engaged in an act of 
4involuntary servitude or involuntary sexual servitude of a 
5minor. A company commits trafficking in persons when the 
6company benefits, financially or by receiving anything of 
7value, from participation in a venture that has engaged in an 
8act of involuntary servitude or involuntary sexual servitude of 
9a minor.
10 Sentence. Except as otherwise provided in subsection (e) or 
11(f), a violation of this subsection by a person is a Class 1 
12felony. A violation of this subsection by a company is a 
13business offense for which a fine of up to $100,000 may be 
14imposed.
15 (e) Aggravating factors. A violation of this Section 
16involving kidnapping or an attempt to kidnap, aggravated 
17criminal sexual assault or an attempt to commit aggravated 
18criminal sexual assault, or an attempt to commit first degree 
19murder is a Class X felony. 
20 (f) Sentencing considerations.
21  (1) Bodily injury. If, pursuant to a violation of this 
22 Section, a victim
suffered bodily injury, the defendant may 
23 be sentenced to an extended-term sentence under Section 
24 5-8-2 of the Unified Code of Corrections. The sentencing 
25 court must take into account the time in which the victim 
26 was held in servitude, with increased penalties for cases 
 
 
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1 in which the victim was held for between 180 days and one 
2 year, and increased penalties for cases in which the victim 
3 was held for more than one year.
4  (2) Number of victims. In determining sentences within 
5 statutory maximums, the sentencing court should take into 
6 account the number of victims, and may provide for 
7 substantially increased sentences in cases involving more 
8 than 10 victims.
9 (g) Restitution. Restitution is mandatory under this 
10Section. In addition to any other amount of loss identified, 
11the court shall order restitution including the greater of (1) 
12the gross income or value to the defendant of the victim's 
13labor or services or (2) the value of the victim's labor as 
14guaranteed under the Minimum Wage Law and overtime provisions 
15of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, 
16whichever is greater.
17 (g-5) Fine distribution. If the court imposes a fine under 
18subsection (b), (c), or (d) of this Section, it shall be 
19collected and distributed to the Specialized Services for 
20Survivors of Human Trafficking Fund in accordance with Section 
215-9-1.21 of the Unified Code of Corrections. 
22 (h) Trafficking victim services. Subject to the 
23availability of funds, the Department of Human Services may 
24provide or fund emergency services and assistance to 
25individuals who are victims of one or more offenses defined in 
26this Section.

 
 
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1 (i) Certification. The Attorney General, a State's 
2Attorney, or any law enforcement official shall certify in 
3writing to the United States Department of Justice or other 
4federal agency, such as the United States Department of 
5Homeland Security, that an investigation or prosecution under 
6this Section has begun and the individual who is a likely 
7victim of a crime described in this Section is willing to 
8cooperate or is cooperating with the investigation to enable 
9the individual, if eligible under federal law, to qualify for 
10an appropriate special immigrant visa and to access available 
11federal benefits. Cooperation with law enforcement shall not be 
12required of victims of a crime described in this Section who 
13are under 18 years of age. This certification shall be made 
14available to the victim and his or her designated legal 
15representative. 
16 (j) A person who commits involuntary servitude, 
17involuntary sexual servitude of a minor, or trafficking in 
18persons under subsection (b), (c), or (d) of this Section is 
19subject to the property forfeiture provisions set forth in 
20Article 124B of the Code of Criminal Procedure of 1963. 

21(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14; 
2298-1013, eff. 1-1-15.)


23 Section 15. The Code of Civil Procedure is amended by 
24changing Section 13-225 as follows:

 
 
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1 (735 ILCS 5/13-225)
2 Sec. 13-225. Trafficking victims protection. (a) In 
3this Section, "human trafficking", "involuntary servitude", 
4"sex trade", and "victim of the sex trade" have the meanings 
5ascribed to them in Section 10 of the Trafficking Victims 
6Protection Act.
7 (b) Subject to both subsections (e) and (f) and 
8notwithstanding any other provision of law, an action under the 
9Trafficking Victims Protection Act must be commenced within 25 
1010 years of the date the limitation period begins to run under 
11subsection (d) or within 25 10 years of the date the plaintiff 
12discovers or through the use of reasonable diligence should 
13discover both (i) that the sex trade, involuntary servitude, or 
14human trafficking act occurred, and (ii) that the defendant 
15caused, was responsible for, or profited from the sex trade, 
16involuntary servitude, or human trafficking act. The fact that 
17the plaintiff discovers or through the use of reasonable 
18diligence should discover that the sex trade, involuntary 
19servitude, or human trafficking act occurred is not, by itself, 
20sufficient to start the discovery period under this subsection 
21(b).
22 (c) If the injury is caused by 2 or more acts that are part 
23of a continuing series of sex trade, involuntary servitude, or 
24human trafficking acts by the same defendant, then the 
25discovery period under subsection (b) shall be computed from 
26the date the person abused discovers or through the use of 
 
 
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1reasonable diligence should discover (i) that the last sex 
2trade, involuntary servitude, or human trafficking act in the 
3continuing series occurred, and (ii) that the defendant caused, 
4was responsible for, or profited from the series of sex trade, 
5involuntary servitude, or human trafficking acts. The fact that 
6the plaintiff discovers or through the use of reasonable 
7diligence should discover that the last sex trade, involuntary 
8servitude, or human trafficking act in the continuing series 
9occurred is not, by itself, sufficient to start the discovery 
10period under subsection (b).
11 (d) The limitation periods in subsection (b) do not begin 
12to run before the plaintiff attains the age of 18 years; and, 
13if at the time the plaintiff attains the age of 18 years he or 
14she is under other legal disability, the limitation periods 
15under subsection (b) do not begin to run until the removal of 
16the disability.
17 (e) The limitation periods in subsection (b) do not run 
18during a time period when the plaintiff is subject to threats, 
19intimidation, manipulation, or fraud perpetrated by the 
20defendant or by any person acting in the interest of the 
21defendant.
22 (f) The limitation periods in subsection (b) do not 
23commence running until the expiration of all limitations 
24periods applicable to the criminal prosecution of the plaintiff 
25for any acts which form the basis of a cause of action under 
26the Trafficking Victims Protection Act.

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