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ILLINOIS Legislation
ACT: TRAFFICKING VICTIMS PROTECTION ACT(740 ILCS 128/1)
SYNOPSIS: GRANTS A PRIVATE RIGHT OF ACTION TO A VICTIM OF HUMAN TRAFFICKING. INTRODUCES CIVIL LIABILITIES
Sec. 1. Short title. This Act may be cited as the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19.)(740 ILCS 128/5)
Sec. 5. Purpose. The purpose of this Act is to allow persons who have been or who are subjected to the sex trade, involuntary servitude, or human trafficking to seek civil damages and remedies from individuals and entities that recruited, harmed, profited from, or maintained them in the sex trade or involuntary servitude or subjected them to human trafficking.
(Source: P.A. 100-939, eff. 1-1-19.)(740 ILCS 128/10)
Sec. 10. Definitions. As used in this Act:
"Human trafficking" means a violation or attempted violation of subsection (d) of Section 10-9 of the Criminal Code of 2012.
"Involuntary servitude" means a violation or attempted violation of subsection (b) of Section 10-9 of the Criminal Code of 2012.
"Sex trade" means a violation or attempted violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3 (promoting prostitution); 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting for a prostitute); 11-15.1 (soliciting for a juvenile prostitute); 11-16 (pandering); 11-17 (keeping a place of prostitution); 11-17.1 (keeping a place of juvenile prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and aggravated juvenile pimping); 11-19.2 (exploitation of a child); 11-20 (obscenity); 11-20.1 (child pornography); 11-20.1B or 11-20.3 (aggravated child pornography); or subsection (c) of Section 10-9 (involuntary sexual servitude of a minor).
"Sex trade" activity may involve adults and youth of all genders and sexual orientations.
"Victim of the sex trade" means, for the following sex trade acts, the person or persons indicated:
(1) soliciting for a prostitute: the prostitute who is the object of the solicitation;
(2) soliciting for a juvenile prostitute: the juvenile prostitute, or person with a severe or profound intellectual disability, who is the object of the solicitation;
(3) promoting prostitution as described in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal Code of 1961 or the Criminal Code of 2012, or pandering: the person intended or compelled to act as a prostitute;
(4) keeping a place of prostitution: any person intended or compelled to act as a prostitute, while present at the place, during the time period in question;
(5) keeping a place of juvenile prostitution: any juvenile intended or compelled to act as a prostitute, while present at the place, during the time period in question;
(6) promoting prostitution as described in subdivision (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or the Criminal Code of 2012, or pimping: the prostitute from whom anything of value is received;
(7) promoting juvenile prostitution as described in subdivision (a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, or juvenile pimping and aggravated juvenile pimping: the juvenile, or person with a severe or profound intellectual disability, from whom anything of value is received for that person's act of prostitution;
(8) promoting juvenile prostitution as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, or exploitation of a child: the juvenile, or person with a severe or profound intellectual disability, intended or compelled to act as a prostitute or from whom anything of value is received for that person's act of prostitution;
(9) obscenity: any person who appears in or is described or depicted in the offending conduct or material;
(10) child pornography or aggravated child pornography: any child, or person with a severe or profound intellectual disability, who appears in or is described or depicted in the offending conduct or material; or
(11) involuntary sexual servitude of a minor as defined in subsection (c) of Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012.
(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)(740 ILCS 128/15)
Sec. 15. Cause of action.
(a) A victim of the sex trade, involuntary servitude, or human trafficking may bring an action in civil court under this Act.
(a-1) A legal guardian, agent of the victim, court appointee, or, with the express written consent of the victim, organization that represents the interests of or serves victims may bring a cause of action on behalf of a victim. An action may also be brought by a government entity responsible for enforcing the laws of this State.
(b) A victim of the sex trade has a cause of action against a person or entity who:
(1) recruits, profits from, or maintains the victim in any sex trade act;
(2) intentionally abuses, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or causes bodily harm, as defined in Section 11-0.1 of the Criminal Code of 2012, to a victim of the sex trade; or
(3) knowingly advertises or publishes advertisements for purposes of recruitment into sex trade activity.
(b-1) A victim of involuntary servitude or human trafficking has a cause of action against any person or entity who knowingly subjects, attempts to subject, or engages in a conspiracy to subject the victim to involuntary servitude or human trafficking.
(c) This Section shall not be construed to create liability to any person or entity who provides goods or services to the general public, who also provides those goods or services to persons who would be liable under subsection (b) of this Section, absent a showing that the person or entity either:
(1) knowingly markets or provides its goods or services primarily to persons or entities liable under subsection (b) of this Section;
(2) knowingly receives a higher level of compensation from persons or entities liable under subsection (b) of this Section than it generally receives from customers; or
(3) supervises or exercises control over persons or entities liable under subsection (b) of this Section.
(d) The standard of proof in any action brought under this Section is a preponderance of the evidence.
(Source: P.A. 100-939, eff. 1-1-19; 100-1156, eff. 12-19-18.)(740 ILCS 128/20)
Sec. 20. Relief. A prevailing victim of the sex trade, involuntary servitude, or human trafficking shall be entitled to all relief that would make him or her whole. This includes, but is not limited to:
(1) declaratory relief;
(2) injunctive relief;
(3) recovery of costs and attorney fees including, but not limited to, costs for expert testimony and witness fees;
(4) compensatory damages including, but not limited to:
(A) economic loss, including damage, destruction, or loss of use of personal property, loss of past or future earning capacity, and, for a victim of involuntary servitude or human trafficking, any statutorily required wages under applicable State or federal law; and
(B) damages for death, personal injury, disease, and mental and emotional harm, including medical, rehabilitation, burial expenses, pain and suffering, and physical impairment;
(5) punitive damages; and
(6) damages in the amount of the gross revenues received by the defendant from, or related to, the sex trade, involuntary servitude, or human trafficking activities of the plaintiff or the trafficking and involuntary servitude of the plaintiff.
(Source: P.A. 100-939, eff. 1-1-19.)(740 ILCS 128/25)
Sec. 25. Non-defenses.
(a) It is not a defense to an action brought under this Act that:
(1) the victim of the sex trade, involuntary servitude, or human trafficking and the defendant had a marital or consenting sexual relationship;
(2) the defendant is related to the victim of the sex trade, involuntary servitude, or human trafficking by blood or marriage, or has lived with the defendant in any formal or informal household arrangement;
(3) the victim of the sex trade, involuntary servitude, or human trafficking was paid or otherwise compensated for sex trade activity, human, or other services;
(4) the victim of the sex trade engaged in sex trade activity or had been subjected to involuntary servitude or human trafficking prior to any involvement with the defendant;
(5) the victim of the sex trade, involuntary servitude, or human trafficking made no attempt to escape, flee, or otherwise terminate contact with the defendant;
(6) the victim of the sex trade, involuntary servitude, or human trafficking consented to engage in acts of the sex trade, human, or other services;
(7) it was a single incident of activity;
(8) there was no physical contact involved; or
(9) a defendant has been acquitted or has not been investigated, arrested, prosecuted, or convicted under the Criminal Code of 2012 or has been convicted of a different offense for the conduct that is alleged to give rise to liability under this Act.
(b) Any illegality of the sex trade activity, human, or services on the part of the victim of the sex trade, involuntary servitude, or human trafficking shall not be an affirmative defense to any action brought under this Act.
(Source: P.A. 100-939, eff. 1-1-19.)(740 ILCS 128/30)
Sec. 30. Evidence. Related to a cause of action under this Act, the fact that a plaintiff or other witness has testified under oath or given evidence relating to an act that may be a violation of any provision of the Criminal Code of 2012 shall not be construed to require the State's Attorney to criminally charge any person for such violation.
(Source: P.A. 97-1150, eff. 1-25-13.) (740 ILCS 128/35)
Sec. 35. Remedies preserved. This Act does not affect the right of any person to bring an action or use any remedy available under other law, including common law, to recover damages arising out of the use of the victim of the sex trade in the sex trade nor does this Act limit or restrict the liability of any person under other law. This Act does not reflect a determination of a policy regarding the applicability of strict liability to activities relating to the sex trade.
(Source: P.A. 94-998, eff. 7-3-06.)(740 ILCS 128/40)
Sec. 40. Double recovery prohibited. Any person who recovers damages under this Act may not recover the same costs or damages under any other Act. A person who recovers damages under any other Act may not recover for the same costs or damages under this Act.
(Source: P.A. 94-998, eff. 7-3-06.)(740 ILCS 128/45)
Sec. 45. No avoidance of liability. No person may avoid liability under this Act by means of any conveyance of any right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement that purports to show consent of the victim of the sex trade, involuntary servitude, or human trafficking.
(Source: P.A. 100-939, eff. 1-1-19.)
(740 ILCS 128/55)
Sec. 55. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or its application does not affect other provisions or application of this Act that can be given effect without the invalid provision or application.
(Source: P.A. 94-998, eff. 7-3-06.)
(740 ILCS 128/80)
Sec. 80. (Amendatory provisions; text omitted).(Source: P.A. 94-998, eff. 7-3-06; text omitted.)(740 ILCS 128/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.(Source: P.A. 94-998, eff. 7-3-06.)