Bill Text: IL HB3790 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Lodging Services Human Trafficking Recognition Training Act. Provides that a lodging establishment, restaurant, or truck stop is in violation of this Section, and is subject to civil penalties, if: (1) sex trafficking activity occurred in the lodging establishment, restaurant, or truck stop, a supervisory employee of the lodging establishment, restaurant, or truck stop either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the lodging establishment, restaurant, or truck stop, and the supervisory employee of the lodging establishment, restaurant, or truck stop failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours; or (2) an employee of the lodging establishment, restaurant, or truck stop was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the lodging establishment, restaurant, or truck stop. Provides for civil penalties. Defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3790 Detail]

Download: Illinois-2023-HB3790-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3790 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED:
820 ILCS 95/5
820 ILCS 95/20 new
Amends the Lodging Services Human Trafficking Recognition Training Act. Provides that a lodging establishment, restaurant, or truck stop is in violation of this Section, and is subject to civil penalties, if: (1) sex trafficking activity occurred in the lodging establishment, restaurant, or truck stop, a supervisory employee of the lodging establishment, restaurant, or truck stop either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the lodging establishment, restaurant, or truck stop, and the supervisory employee of the lodging establishment, restaurant, or truck stop failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours; or (2) an employee of the lodging establishment, restaurant, or truck stop was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the lodging establishment, restaurant, or truck stop. Provides for civil penalties. Defines terms.
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A BILL FOR
HB3790 LRB103 30329 SPS 56759 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Lodging Services Human Trafficking
Recognition Training Act is amended by changing Section 5 and
adding Section 20 as follows:
(820 ILCS 95/5)
Sec. 5. Definitions. In this Act:
"Department" means the Department of Human Services.
"Employee" means a person employed by a lodging
establishment who has recurring interactions with the public,
including, but not limited to, an employee who works in a
reception area, performs housekeeping duties, helps customers
in moving their possessions, or transports by vehicle
customers of the lodging establishment.
"Human trafficking" means the deprivation or violation of
the personal liberty of another with the intent to obtain
forced labor or services, procure or sell the individual for
commercial sex, or exploit the individual in obscene matter.
Depriving or violating a person's liberty includes substantial
and sustained restriction of another's liberty accomplished
through fraud, deceit, coercion, violence, duress, menace, or
threat of unlawful injury to the victim or to another person,

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under circumstances where the person receiving or apprehending
the threat reasonably believes that it is likely that the
person making the threat would carry it out.
"Lodging establishment" means an establishment classified
as a hotel or motel in the 2017 North American Industry
Classification System under code 721110, and an establishment
classified as a casino hotel in the 2017 North American
Industry Classification System under code 721120.
"Restaurant" means any business that is primarily engaged
in the sale of ready-to-eat food for immediate consumption
comprising at least 51% of the total sales, excluding the sale
of liquor.
"Supervisory employee" means any individual, regardless of
the job description or title, who has each of the following
capabilities and qualifications:
(1) holds authority, in the interest of the employer,
to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees,
or responsibility to direct them, or to adjust their
grievances, or effectively to recommend this action, if
the exercise of this authority is not of a merely routine
or clerical nature, but requires the use of independent
judgment; and
(2) holds responsibility for duties that are not
substantially similar to those of his or her subordinates.
"Truck stop" means an establishment intended to provide

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services to the trucking industry, including, but not limited
to, selling fuel and food, providing showers, offering repair
services, and offering ample room where drivers of long-haul
trucks can park and rest.
(Source: P.A. 101-18, eff. 6-20-19; 101-499, eff. 8-23-19;
102-324, eff. 1-1-22.)
(820 ILCS 95/20 new)
Sec. 20. Violations.
(a) A lodging establishment, restaurant, or truck stop is
in violation of this Section, and is subject to civil
penalties, if:
(1) sex trafficking activity occurred in the lodging
establishment, restaurant, or truck stop, a supervisory
employee of the lodging establishment, restaurant, or
truck stop either knew of the nature of the activity, or
acted in reckless disregard of the activity constituting
sex trafficking activity within the lodging establishment,
restaurant, or truck stop, and the supervisory employee of
the lodging establishment, restaurant, or truck stop
failed to inform law enforcement, the National Human
Trafficking Hotline, or another appropriate victim service
organization within 24 hours; or
(2) an employee of the lodging establishment,
restaurant, or truck stop was acting within the scope of
employment and knowingly benefited, financially or by

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receiving anything of value, by participating in a venture
that the employee knew or acted in reckless disregard of
the activity constituting sex trafficking within the
lodging establishment, restaurant, or truck stop.
(b) If there is reasonable cause to believe there has been
a violation of subsection (a), a municipality, county,
municipal attorney, or State's Attorney may bring a civil
action for injunctive and other equitable relief against a
lodging establishment, restaurant, or truck stop for violation
of this Section. A municipality, county, municipal attorney,
or State's Attorney who brings a civil action under this
Section may also seek civil penalties in the amount of $1,000
for the first violation in a calendar year, $3,000 for the
second violation within the same calendar year, and $5,000 for
the third and any subsequent violation within the same
calendar year.
(c) The court may exercise its discretion to increase the
amount of the civil penalty, not to exceed ten $10,000, for any
fourth or subsequent violation, considering all of the
following factors:
(1) the defendant's culpability;
(2) the relationship between the harm and the penalty;
(3) the penalties imposed for similar conduct in
similar statutes; and
(4) the defendant's ability to pay.
(d) The lack of reporting of a sex trafficking case that

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occurs in a lodging establishment, restaurant, or truck stop
shall not, by itself, without meeting the conditions in either
paragraph (1) or (2) of subsection (a), result in the
liability of an employer of that lodging establishment,
restaurant, or truck stop to the sex trafficking victim or
victims in the case in question or to any other party.
(e) No liability for civil penalties shall arise under
this Section against an employee of a lodging establishment,
restaurant, or truck stop.
(f) Violation of this Section, by itself, shall not result
in criminal liability against the lodging establishment,
restaurant, or truck stop.
(g) Nothing in this Section affects criminal or civil
liability that may arise pursuant to other provisions of law.
(h) An action brought under this Section shall be
commenced within 5 years of the date when the violation of
subsection (a) occurred, or, if the victim of that sex
trafficking activity was a minor when the violation occurred,
within 5 years of the date the victim attains the age of
majority.