Bill Text: IL HB5278 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Provides that the statute of limitations for a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services may be commenced within one year of the victim attaining the age of 18 years. Provides that in no case shall the time period for prosecution of those offenses expire sooner than 3 years after the commission of the offense. Includes in the offense of involuntary servitude using a scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform that labor or services, that person or another person would suffer serious harm or physical restraint. Amends the Code of Criminal Procedure of 1963. Provides that in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons, when the offense involves sexual activity, the prior sexual activity or the reputation of the alleged victim or corroborating witness is inadmissible except under certain circumstances. Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" trafficking in persons, involuntary servitude, and related offenses, provided the offense involved commercial sexual activity, a sexually-explicit performance, or the production of pornography. Also includes in the definition of "sex offense", involuntary sexual servitude of a minor.

Spectrum: Strong Partisan Bill (Democrat 43-4)

Status: (Passed) 2012-08-06 - Public Act . . . . . . . . . 97-0897 [HB5278 Detail]

Download: Illinois-2011-HB5278-Amended.html

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Rep. Kelly M. Cassidy

Filed: 3/7/2012

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AMENDMENT TO HOUSE BILL 5278
AMENDMENT NO. ______. Amend House Bill 5278 by replacing
everything after the enacting clause with the following:
"Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 3 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an adult
resident is abused or neglected.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a

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branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in the
Criminal Code of 1961, as amended, or in the Wrongs to
Children Act, and extending those definitions of sex
offenses to include children under 18 years of age;

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(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 1961, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of the
Illinois Controlled Substances Act or in violation of the
Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription; or
(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, or trafficking in persons
for forced labor or services as defined in Section 10-9 of
the Criminal Code of 1961 against the child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated

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treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis intervention
services under Section 3-5 of the Juvenile Court Act of 1987
and whose parent, guardian, or custodian refuses to permit the
child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child; or who is a
newborn infant whose blood, urine, or meconium contains any
amount of a controlled substance as defined in subsection (f)
of Section 102 of the Illinois Controlled Substances Act or a
metabolite thereof, with the exception of a controlled
substance or metabolite thereof whose presence in the newborn
infant is the result of medical treatment administered to the
mother or the newborn infant. A child shall not be considered
neglected for the sole reason that the child's parent or other
person responsible for his or her welfare has left the child in

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the care of an adult relative for any period of time. A child
shall not be considered neglected for the sole reason that the
child has been relinquished in accordance with the Abandoned
Newborn Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of The
School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, or any person who came to know the
child through an official capacity or position of trust,
including but not limited to health care professionals,

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educational personnel, recreational supervisors, members of
the clergy, and volunteers or support personnel in any setting
where children may be subject to abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act as an alleged victim of child abuse or neglect
and the parent or guardian of the alleged victim or other
person responsible for the alleged victim's welfare who is
named in the report or added to the report as an alleged

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perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 2-3 and 2-18 as follows:
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
(a) any minor under 18 years of age who is not
receiving the proper or necessary support, education as
required by law, or medical or other remedial care
recognized under State law as necessary for a minor's
well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter,
or who is abandoned by his or her parent or parents or
other person or persons responsible for the minor's
welfare, except that a minor shall not be considered
neglected for the sole reason that the minor's parent or

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parents or other person or persons responsible for the
minor's welfare have left the minor in the care of an adult
relative for any period of time, who the parent or parents
or other person responsible for the minor's welfare know is
both a mentally capable adult relative and physically
capable adult relative, as defined by this Act; or
(b) any minor under 18 years of age whose environment
is injurious to his or her welfare; or
(c) any newborn infant whose blood, urine, or meconium
contains any amount of a controlled substance as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act, as now or hereafter amended, or a
metabolite of a controlled substance, with the exception of
controlled substances or metabolites of such substances,
the presence of which in the newborn infant is the result
of medical treatment administered to the mother or the
newborn infant; or
(d) any minor under the age of 14 years whose parent or
other person responsible for the minor's welfare leaves the
minor without supervision for an unreasonable period of
time without regard for the mental or physical health,
safety, or welfare of that minor; or
(e) any minor who has been provided with interim crisis
intervention services under Section 3-5 of this Act and
whose parent, guardian, or custodian refuses to permit the
minor to return home unless the minor is an immediate

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physical danger to himself, herself, or others living in
the home.
Whether the minor was left without regard for the mental or
physical health, safety, or welfare of that minor or the period
of time was unreasonable shall be determined by considering the
following factors, including but not limited to:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether the
minor is physically or mentally handicapped, or otherwise
in need of ongoing prescribed medical treatment such as
periodic doses of insulin or other medications;
(4) the duration of time in which the minor was left
without supervision;
(5) the condition and location of the place where the
minor was left without supervision;
(6) the time of day or night when the minor was left
without supervision;
(7) the weather conditions, including whether the
minor was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent or guardian at the time
the minor was left without supervision, the physical
distance the minor was from the parent or guardian at the
time the minor was without supervision;
(9) whether the minor's movement was restricted, or the

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minor was otherwise locked within a room or other
structure;
(10) whether the minor was given a phone number of a
person or location to call in the event of an emergency and
whether the minor was capable of making an emergency call;
(11) whether there was food and other provision left
for the minor;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the minor;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
minor;
(14) whether the minor was left under the supervision
of another person;
(15) any other factor that would endanger the health
and safety of that particular minor.
A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
(2) Those who are abused include any minor under 18 years
of age whose parent or immediate family member, or any person
responsible for the minor's welfare, or any person who is in
the same family or household as the minor, or any individual

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residing in the same home as the minor, or a paramour of the
minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
inflicted upon such minor physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to
such minor by other than accidental means which would be
likely to cause death, disfigurement, impairment of
emotional health, or loss or impairment of any bodily
function;
(iii) commits or allows to be committed any sex offense
against such minor, as such sex offenses are defined in the
Criminal Code of 1961, as amended, or in the Wrongs to
Children Act, and extending those definitions of sex
offenses to include minors under 18 years of age;
(iv) commits or allows to be committed an act or acts
of torture upon such minor;
(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, or trafficking in persons
for forced labor or services defined in Section 10-9 of the
Criminal Code of 1961, upon such minor; or
(vii) allows, encourages or requires a minor to commit

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any act of prostitution, as defined in the Criminal Code of
1961, and extending those definitions to include minors
under 18 years of age.
A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
(3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09;
96-1464, eff. 8-20-10.)
(705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
Sec. 2-18. Evidence.
(1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules of
evidence in the nature of civil proceedings in this State are
applicable to proceedings under this Article. If the petition
also seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29,
the court may also consider legally admissible evidence at the
adjudicatory hearing that one or more grounds of unfitness
exists under subdivision D of Section 1 of the Adoption Act.
(2) In any hearing under this Act, the following shall

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constitute prima facie evidence of abuse or neglect, as the
case may be:
(a) proof that a minor has a medical diagnosis of
battered child syndrome is prima facie evidence of abuse;
(b) proof that a minor has a medical diagnosis of
failure to thrive syndrome is prima facie evidence of
neglect;
(c) proof that a minor has a medical diagnosis of fetal
alcohol syndrome is prima facie evidence of neglect;
(d) proof that a minor has a medical diagnosis at birth
of withdrawal symptoms from narcotics or barbiturates is
prima facie evidence of neglect;
(e) proof of injuries sustained by a minor or of the
condition of a minor of such a nature as would ordinarily
not be sustained or exist except by reason of the acts or
omissions of the parent, custodian or guardian of such
minor shall be prima facie evidence of abuse or neglect, as
the case may be;
(f) proof that a parent, custodian or guardian of a
minor repeatedly used a drug, to the extent that it has or
would ordinarily have the effect of producing in the user a
substantial state of stupor, unconsciousness,
intoxication, hallucination, disorientation or
incompetence, or a substantial impairment of judgment, or a
substantial manifestation of irrationality, shall be prima
facie evidence of neglect;

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(g) proof that a parent, custodian, or guardian of a
minor repeatedly used a controlled substance, as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act, in the presence of the minor or a sibling
of the minor is prima facie evidence of neglect. "Repeated
use", for the purpose of this subsection, means more than
one use of a controlled substance as defined in subsection
(f) of Section 102 of the Illinois Controlled Substances
Act;
(h) proof that a newborn infant's blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of those substances, the presence of which is
the result of medical treatment administered to the mother
or the newborn, is prime facie evidence of neglect;
(i) proof that a minor was present in a structure or
vehicle in which the minor's parent, custodian, or guardian
was involved in the manufacture of methamphetamine
constitutes prima facie evidence of abuse and neglect;
(j) proof that a parent, custodian, or guardian of a
minor allows, encourages, or requires a minor to perform,
offer, or agree to perform any act of sexual penetration as
defined in Section 12-12 of the Criminal Code of 1961 for
any money, property, token, object, or article or anything

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of value, or any touching or fondling of the sex organs of
one person by another person, for any money, property,
token, object, or article or anything of value, for the
purpose of sexual arousal or gratification, constitutes
prima facie evidence of abuse and neglect;
(k) proof that a parent, custodian, or guardian of a
minor commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, or trafficking in persons
for forced labor or services defined in Section 10-9 of the
Criminal Code of 1961, upon such minor, constitutes prima
facie evidence of abuse and neglect.
(3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible evidence
on the issue of the abuse, neglect or dependency of any other
minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of an
entry in a book or otherwise, made as a memorandum or record of
any condition, act, transaction, occurrence or event relating
to a minor in an abuse, neglect or dependency proceeding, shall
be admissible in evidence as proof of that condition, act,
transaction, occurrence or event, if the court finds that the
document was made in the regular course of the business of the
hospital or agency and that it was in the regular course of
such business to make it, at the time of the act, transaction,

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occurrence or event, or within a reasonable time thereafter. A
certification by the head or responsible employee of the
hospital or agency that the writing, record, photograph or
x-ray is the full and complete record of the condition, act,
transaction, occurrence or event and that it satisfies the
conditions of this paragraph shall be prima facie evidence of
the facts contained in such certification. A certification by
someone other than the head of the hospital or agency shall be
accompanied by a photocopy of a delegation of authority signed
by both the head of the hospital or agency and by such other
employee. All other circumstances of the making of the
memorandum, record, photograph or x-ray, including lack of
personal knowledge of the maker, may be proved to affect the
weight to be accorded such evidence, but shall not affect its
admissibility.
(b) Any indicated report filed pursuant to the Abused and
Neglected Child Reporting Act shall be admissible in evidence.
(c) Previous statements made by the minor relating to any
allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and not
subject to cross-examination, shall be sufficient in itself to
support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor is
competent to testify in abuse or neglect proceedings. The court
shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers with

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only the court, the court reporter and attorneys for the
parties present.
(e) The privileged character of communication between any
professional person and patient or client, except privilege
between attorney and client, shall not apply to proceedings
subject to this Article.
(f) Proof of the impairment of emotional health or
impairment of mental or emotional condition as a result of the
failure of the respondent to exercise a minimum degree of care
toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment lessened
during a period when the minor was in the care, custody or
supervision of a person or agency other than the respondent.
(5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attendance
under the School Code is a chronic truant as defined under the
School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that
a minor who is 13 years of age or older who is subject to
compulsory school attendance under the School Code is a chronic
truant shall raise a rebuttable presumption of neglect by the
parent or guardian. This subsection (5) shall not apply in
counties with 2,000,000 or more inhabitants.
(6) In any hearing under this Act, the court may take

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judicial notice of prior sworn testimony or evidence admitted
in prior proceedings involving the same minor if (a) the
parties were either represented by counsel at such prior
proceedings or the right to counsel was knowingly waived and
(b) the taking of judicial notice would not result in admitting
hearsay evidence at a hearing where it would otherwise be
prohibited.
(Source: P.A. 96-1464, eff. 8-20-10.)
Section 15. The Criminal Code of 1961 is amended by
changing Sections 3-6, 10-9, 14-3, and 36.5-5 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a

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person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within one year of the victim attaining the
age of 18 years. However, in no such case shall the time period
for prosecution expire sooner than 3 years after the commission
of the offense.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child

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pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall
the time period for prosecution expire sooner than 3 years
after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes

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aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of
the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse, or a prosecution for failure of a person
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act may be commenced within 20 years after the child
victim attains 18 years of age. When the victim is under 18
years of age at the time of the offense, a prosecution for
misdemeanor criminal sexual abuse may be commenced within 10

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years after the child victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under subsection (a) of Section 16-30, aggravated identity
theft under subsection (b) of Section 16-30, or any offense set
forth in Article 16H or Section 17-10.6 may be commenced within
7 years of the last act committed in furtherance of the crime.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
7-1-11; 97-597, eff. 1-1-12.)
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in
Section 12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to,
or received by any person.
(3) "Financial harm" includes intimidation that brings
about financial loss, criminal usury, or employment
contracts that violate the Frauds Act.

09700HB5278ham001 - 23 - LRB097 18978 RLC 66428 a
(4) (Blank). "Forced labor or services" means labor or
services that are performed or provided by another person
and are obtained or maintained through:
(A) any scheme, plan, or pattern intending to cause
or threatening to cause serious harm to any person;
(B) an actor's physically restraining or
threatening to physically restrain another person;
(C) an actor's abusing or threatening to abuse the
law or legal process;
(D) an actor's knowingly destroying, concealing,
removing, confiscating, or possessing any actual or
purported passport or other immigration document, or
any other actual or purported government
identification document, of another person;
(E) an actor's blackmail; or
(F) an actor's causing or threatening to cause
financial harm to or exerting financial control over
any person.
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services,
to secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services,
to secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical

09700HB5278ham001 - 24 - LRB097 18978 RLC 66428 a
or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all
the surrounding circumstances, to compel a reasonable
person of the same background and in the same circumstances
to perform or to continue performing labor or services in
order to avoid incurring that harm.
(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for
the benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities
that are "services" under this Section. Nothing in this
definition may be construed to legitimize or legalize
prostitution.
(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet), or
public act or show intended to arouse or satisfy the sexual
desires or appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to
the practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits the offense of
involuntary servitude when he or she knowingly subjects,
attempts to subject, or engages in a conspiracy to subject
another person to forced labor or services obtained or
maintained through any of the following means, or any
combination of these means and:

09700HB5278ham001 - 25 - LRB097 18978 RLC 66428 a
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport
or other immigration document, or any other actual or
purported government identification document, of another
person; or
(5) uses intimidation, or uses or threatens to cause
financial harm to or exerts financial control over any
person; or .
(6) uses any scheme, plan, or pattern intended to cause
the person to believe that, if the person did not perform
the labor or services, that person or another person would
suffer serious harm or physical restraint.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, and (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits the offense of involuntary sexual servitude of a minor
when he or she knowingly recruits, entices, harbors,
transports, provides, or obtains by any means, or attempts to

09700HB5278ham001 - 26 - LRB097 18978 RLC 66428 a
recruit, entice, harbor, provide, or obtain by any means,
another person under 18 years of age, knowing that the minor
will engage in commercial sexual activity, a sexually-explicit
performance, or the production of pornography, or causes or
attempts to cause a minor to engage in one or more of those
activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons for forced labor or services. A
person commits the offense of trafficking in persons for forced
labor or services when he or she knowingly: (1) recruits,
entices, harbors, transports, provides, or obtains by any
means, or attempts to recruit, entice, harbor, transport,
provide, or obtain by any means, another person, intending or
knowing that the person will be subjected to involuntary
servitude forced labor or services; or (2) benefits,
financially or by receiving anything of value, from
participation in a venture that has engaged in an act of
involuntary servitude or involuntary sexual servitude of a
minor.

09700HB5278ham001 - 27 - LRB097 18978 RLC 66428 a
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of this subsection is a Class 1 felony.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant may
be sentenced to an extended-term sentence under Section
5-8-2 of the Unified Code of Corrections. The sentencing
court must take into account the time in which the victim
was held in servitude, with increased penalties for cases
in which the victim was held for between 180 days and one
year, and increased penalties for cases in which the victim
was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into
account the number of victims, and may provide for
substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's

09700HB5278ham001 - 28 - LRB097 18978 RLC 66428 a
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely
victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not be
required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits the offense of involuntary
servitude, involuntary sexual servitude of a minor, or

09700HB5278ham001 - 29 - LRB097 18978 RLC 66428 a
trafficking in persons for forced labor or services under
subsection (b), (c), or (d) of this Section is subject to the
property forfeiture provisions set forth in Article 124B of the
Code of Criminal Procedure of 1963.
(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
1-1-10; 96-1000, eff. 7-2-10.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the
equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
(c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,

09700HB5278ham001 - 30 - LRB097 18978 RLC 66428 a
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
(g) With prior notification to the State's Attorney of the
county in which it is to occur, recording or listening with the
aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law
enforcement, is a party to the conversation and has consented
to it being intercepted or recorded under circumstances where
the use of the device is necessary for the protection of the
law enforcement officer or any person acting at the direction

09700HB5278ham001 - 31 - LRB097 18978 RLC 66428 a
of law enforcement, in the course of an investigation of a
forcible felony, a felony offense of involuntary servitude,
involuntary sexual servitude of a minor, trafficking in
persons, or trafficking in persons for forced labor or services
under Section 10-9 of this Code, an offense involving
prostitution, solicitation of a sexual act, or pandering, a
felony violation of the Illinois Controlled Substances Act, a
felony violation of the Cannabis Control Act, a felony
violation of the Methamphetamine Control and Community
Protection Act, any "streetgang related" or "gang-related"
felony as those terms are defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act, or any felony offense
involving any weapon listed in paragraphs (1) through (11) of
subsection (a) of Section 24-1 of this Code. Any recording or
evidence derived as the result of this exemption shall be
inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police shall
issue regulations as are necessary concerning the use of
devices, retention of tape recordings, and reports regarding
their use;
(g-5) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of

09700HB5278ham001 - 32 - LRB097 18978 RLC 66428 a
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
any offense defined in Article 29D of this Code. In all such
cases, an application for an order approving the previous or
continuing use of an eavesdropping device must be made within
48 hours of the commencement of such use. In the absence of
such an order, or upon its denial, any continuing use shall
immediately terminate. The Director of State Police shall issue
rules as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or
Attorney General prosecuting any violation of Article 29D, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible in a court of law
by virtue of the repeal of this subsection (g-5) on January 1,
2005;
(g-6) With approval of the State's Attorney of the county

09700HB5278ham001 - 33 - LRB097 18978 RLC 66428 a
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, trafficking in persons for
forced labor or services, child pornography, aggravated child
pornography, indecent solicitation of a child, child
abduction, luring of a minor, sexual exploitation of a child,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse in which the victim of the offense was at
the time of the commission of the offense under 18 years of
age, criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, or aggravated criminal
sexual assault in which the victim of the offense was at the
time of the commission of the offense under 18 years of age. In
all such cases, an application for an order approving the
previous or continuing use of an eavesdropping device must be
made within 48 hours of the commencement of such use. In the
absence of such an order, or upon its denial, any continuing
use shall immediately terminate. The Director of State Police
shall issue rules as are necessary concerning the use of
devices, retention of recordings, and reports regarding their
use. Any recording or evidence obtained or derived in the

09700HB5278ham001 - 34 - LRB097 18978 RLC 66428 a
course of an investigation of involuntary servitude,
involuntary sexual servitude of a minor, trafficking in
persons, trafficking in persons for forced labor or services,
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age shall, upon motion of the State's
Attorney or Attorney General prosecuting any case involving
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, trafficking in persons for
forced labor or services, child pornography, aggravated child
pornography, indecent solicitation of a child, child
abduction, luring of a minor, sexual exploitation of a child,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse in which the victim of the offense was at
the time of the commission of the offense under 18 years of
age, criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, or aggravated criminal

09700HB5278ham001 - 35 - LRB097 18978 RLC 66428 a
sexual assault in which the victim of the offense was at the
time of the commission of the offense under 18 years of age, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case. Absent such a
ruling, any such recording or evidence shall not be admissible
at the trial of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation between a
uniformed peace officer, who has identified his or her office,
and a person in the presence of the peace officer whenever (i)
an officer assigned a patrol vehicle is conducting an
enforcement stop; or (ii) patrol vehicle emergency lights are
activated or would otherwise be activated if not for the need
to conceal the presence of law enforcement.
For the purposes of this subsection (h), "enforcement stop"
means an action by a law enforcement officer in relation to
enforcement and investigation duties, including but not
limited to, traffic stops, pedestrian stops, abandoned vehicle
contacts, motorist assists, commercial motor vehicle stops,
roadside safety checks, requests for identification, or
responses to requests for emergency assistance;
(h-5) Recordings of utterances made by a person while in
the presence of a uniformed peace officer and while an occupant
of a police vehicle including, but not limited to, (i)

09700HB5278ham001 - 36 - LRB097 18978 RLC 66428 a
recordings made simultaneously with the use of an in-car video
camera and (ii) recordings made in the presence of the peace
officer utilizing video or audio systems, or both, authorized
by the law enforcement agency;
(h-10) Recordings made simultaneously with a video camera
recording during the use of a taser or similar weapon or device
by a peace officer if the weapon or device is equipped with
such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency that
employs the peace officer who made the recordings for a storage
period of 90 days, unless the recordings are made as a part of
an arrest or the recordings are deemed evidence in any
criminal, civil, or administrative proceeding and then the
recordings must only be destroyed upon a final disposition and
an order from the court. Under no circumstances shall any
recording be altered or erased prior to the expiration of the
designated storage period. Upon completion of the storage
period, the recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the request
of a person, not a law enforcement officer or agent of a law
enforcement officer, who is a party to the conversation, under
reasonable suspicion that another party to the conversation is
committing, is about to commit, or has committed a criminal
offense against the person or a member of his or her immediate

09700HB5278ham001 - 37 - LRB097 18978 RLC 66428 a
household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or
opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
(i) the monitoring is used for the purpose of service
quality control of marketing or opinion research or
telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing or
opinion research conversation or telephone solicitation
conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired, or
obtained, directly or indirectly, under this exemption (j), may
be, directly or indirectly, furnished to any law enforcement
officer, agency, or official for any purpose or used in any

09700HB5278ham001 - 38 - LRB097 18978 RLC 66428 a
inquiry or investigation, or used, directly or indirectly, in
any administrative, judicial, or other proceeding, or divulged
to any third party.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide current and prospective employees with notice that the
monitoring or recordings may occur during the course of their
employment. The notice shall include prominent signage
notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide their employees or agents with access to personal-only
telephone lines which may be pay telephones, that are not
subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a

09700HB5278ham001 - 39 - LRB097 18978 RLC 66428 a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, or
collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both;
(k) Electronic recordings, including but not limited to, a
motion picture, videotape, digital, or other visual or audio
recording, made of a custodial interrogation of an individual
at a police station or other place of detention by a law
enforcement officer under Section 5-401.5 of the Juvenile Court
Act of 1987 or Section 103-2.1 of the Code of Criminal
Procedure of 1963;
(l) Recording the interview or statement of any person when
the person knows that the interview is being conducted by a law
enforcement officer or prosecutor and the interview takes place
at a police station that is currently participating in the

09700HB5278ham001 - 40 - LRB097 18978 RLC 66428 a
Custodial Interview Pilot Program established under the
Illinois Criminal Justice Information Act;
(m) An electronic recording, including but not limited to,
a motion picture, videotape, digital, or other visual or audio
recording, made of the interior of a school bus while the
school bus is being used in the transportation of students to
and from school and school-sponsored activities, when the
school board has adopted a policy authorizing such recording,
notice of such recording policy is included in student
handbooks and other documents including the policies of the
school, notice of the policy regarding recording is provided to
parents of students, and notice of such recording is clearly
posted on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall be
confidential records and may only be used by school officials
(or their designees) and law enforcement personnel for
investigations, school disciplinary actions and hearings,
proceedings under the Juvenile Court Act of 1987, and criminal
prosecutions, related to incidents occurring in or around the
school bus;
(n) Recording or listening to an audio transmission from a
microphone placed by a person under the authority of a law
enforcement agency inside a bait car surveillance vehicle while
simultaneously capturing a photographic or video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law

09700HB5278ham001 - 41 - LRB097 18978 RLC 66428 a
enforcement officer or individual acting on behalf of a law
enforcement officer when the use of such device is necessary to
protect the safety of the general public, hostages, or law
enforcement officers or anyone acting on their behalf; and
(p) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as the "CPS Violence Prevention Hotline", but only
where the notice of recording is given at the beginning of each
call as required by Section 34-21.8 of the School Code. The
recordings may be retained only by the Chicago Police
Department or other law enforcement authorities, and shall not
be otherwise retained or disseminated.
(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10;
96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff.
7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333,
eff. 8-12-11.)
(720 ILCS 5/36.5-5)
Sec. 36.5-5. Vehicle impoundment.
(a) In addition to any other penalty, fee or forfeiture
provided by law, a peace officer who arrests a person for a
violation of Section 10-9, 11-14 10-14, 11-14.1, 11-14.3,
11-14.4, 11-18, or 11-18.1 of this Code or related municipal
ordinance, may tow and impound any vehicle used by the person
in the commission of the violation offense. The person arrested
for one or more such violations shall be charged a $1,000 fee,

09700HB5278ham001 - 42 - LRB097 18978 RLC 66428 a
to be paid to the law enforcement agency unit of government
that made the arrest or its designated representative. The
person may recover the vehicle from the impound after a minimum
of 2 hours after arrest upon payment of the fee.
(b) $500 of the fee shall be distributed to the law
enforcement agency unit of government whose peace officers made
the arrest, for the costs incurred by the law enforcement
agency unit of government to investigate and to tow and impound
the vehicle. Upon the defendant's conviction of one or more of
the violations offenses in connection with which the vehicle
was impounded and the fee imposed under this Section, the
remaining $500 of the fee shall be deposited into the DHS State
Projects Violent Crime Victims Assistance Fund and shall be
used by the Department of Human Services to make grants to
non-governmental organizations to provide services for persons
encountered during the course of an investigation into any
violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
11-19.1, or 11-19.2 of this Code, provided such persons
constitute prostituted persons or other victims of human
trafficking.
(c) Upon the presentation by the defendant of a signed
court order showing that the defendant has been acquitted of
all of the violations offenses in connection with which a
vehicle was impounded and a fee imposed under this Section, or
that the charges against the defendant for those violations

09700HB5278ham001 - 43 - LRB097 18978 RLC 66428 a
offenses have been dismissed, the law enforcement agency unit
of government shall refund the $1,000 fee to the defendant.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
Section 20.The Code of Criminal Procedure of 1963 is
amended by changing the heading of Part 300 of Article 124B and
changing Sections 108B-3, 116-2.1, and 124B-10, 124B-100, and
124B-305 as follows:
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
Sec. 108B-3. Authorization for the interception of private
communication.
(a) The State's Attorney, or a person designated in writing
or by law to act for him and to perform his duties during his
absence or disability, may authorize, in writing, an ex parte
application to the chief judge of a court of competent
jurisdiction for an order authorizing the interception of a
private communication when no party has consented to the
interception and (i) the interception may provide evidence of,
or may assist in the apprehension of a person who has
committed, is committing or is about to commit, a violation of
Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
of murder for hire), 9-1 (first degree murder), 10-9
(involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, or trafficking in persons for

09700HB5278ham001 - 44 - LRB097 18978 RLC 66428 a
forced labor or services), 11-15.1 (soliciting for a minor
engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping
a place of juvenile prostitution), 11-18.1 (patronizing a minor
engaged in prostitution), 11-19.1 (juvenile pimping and
aggravated juvenile pimping), or 29B-1 (money laundering) of
the Criminal Code of 1961, Section 401, 401.1 (controlled
substance trafficking), 405, 405.1 (criminal drug conspiracy)
or 407 of the Illinois Controlled Substances Act or any Section
of the Methamphetamine Control and Community Protection Act, a
violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
Criminal Code of 1961 or conspiracy to commit money laundering
or conspiracy to commit first degree murder; (ii) in response
to a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the holding
of a hostage by force or the threat of the imminent use of
force; or (2) the occupation by force or the threat of the
imminent use of force of any premises, place, vehicle, vessel
or aircraft; (iii) to aid an investigation or prosecution of a
civil action brought under the Illinois Streetgang Terrorism
Omnibus Prevention Act when there is probable cause to believe
the interception of the private communication will provide
evidence that a streetgang is committing, has committed, or
will commit a second or subsequent gang-related offense or that
the interception of the private communication will aid in the

09700HB5278ham001 - 45 - LRB097 18978 RLC 66428 a
collection of a judgment entered under that Act; or (iv) upon
information and belief that a streetgang has committed, is
committing, or is about to commit a felony.
(b) The State's Attorney or a person designated in writing
or by law to act for the State's Attorney and to perform his or
her duties during his or her absence or disability, may
authorize, in writing, an ex parte application to the chief
judge of a circuit court for an order authorizing the
interception of a private communication when no party has
consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who
has committed, is committing or is about to commit, a violation
of an offense under Article 29D of the Criminal Code of 1961.
(b-1) Subsection (b) is inoperative on and after January 1,
2005.
(b-2) No conversations recorded or monitored pursuant to
subsection (b) shall be made inadmissible in a court of law by
virtue of subsection (b-1).
(c) As used in this Section, "streetgang" and
"gang-related" have the meanings ascribed to them in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
96-1464, eff. 8-20-10.)
(725 ILCS 5/116-2.1)
Sec. 116-2.1. Motion to vacate prostitution convictions

09700HB5278ham001 - 46 - LRB097 18978 RLC 66428 a
for sex trafficking victims.
(a) A motion under this Section may be filed at any time
following the entry of a verdict or finding of guilty where the
conviction was under Section 11-14 (prostitution) or Section
11-14.2 (first offender; felony prostitution) of the Criminal
Code of 1961 or a similar local ordinance and the defendant's
participation in the offense was a result of having been a
trafficking victim under Section 10-9 (involuntary servitude,
involuntary sexual servitude of a minor, trafficking in
persons, or trafficking in persons for forced labor or
services) of the Criminal Code of 1961; or a victim of a severe
form of trafficking under the federal Trafficking Victims
Protection Act (22 U.S.C. Section 7102(13)); provided that:
(1) a motion under this Section shall state why the
facts giving rise to this motion were not presented to the
trial court, and shall be made with due diligence, after
the defendant has ceased to be a victim of such trafficking
or has sought services for victims of such trafficking,
subject to reasonable concerns for the safety of the
defendant, family members of the defendant, or other
victims of such trafficking that may be jeopardized by the
bringing of such motion, or for other reasons consistent
with the purpose of this Section; and
(2) reasonable notice of the motion shall be served
upon the State.
(b) The court may grant the motion if, in the discretion of

09700HB5278ham001 - 47 - LRB097 18978 RLC 66428 a
the court, the violation was a result of the defendant having
been a victim of human trafficking. Evidence of such may
include, but is not limited to:
(1) certified records of federal or State court
proceedings which demonstrate that the defendant was a
victim of a trafficker charged with a trafficking offense
under Section 10-9 of the Criminal Code of 1961 or under 22
U.S.C. Chapter 78;
(2) certified records of "approval notices" or "law
enforcement certifications" generated from federal
immigration proceedings available to such victims; or
(3) a sworn statement from a trained professional staff
of a victim services organization, an attorney, a member of
the clergy, or a medical or other professional from whom
the defendant has sought assistance in addressing the
trauma associated with being trafficked.
Alternatively, the court may consider such other evidence
as it deems of sufficient credibility and probative value in
determining whether the defendant is a trafficking victim or
victim of a severe form of trafficking.
(c) If the court grants a motion under this Section, it
must vacate the conviction and may take such additional action
as is appropriate in the circumstances.
(Source: P.A. 97-267, eff. 1-1-12.)
(725 ILCS 5/124B-10)

09700HB5278ham001 - 48 - LRB097 18978 RLC 66428 a
Sec. 124B-10. Applicability; offenses. This Article
applies to forfeiture of property in connection with the
following:
(1) A violation of Section 10-9 or 10A-10 of the
Criminal Code of 1961 (involuntary servitude; involuntary
servitude of a minor; trafficking in persons; trafficking
of persons for forced labor or services).
(2) A violation of subdivision (a)(1) of Section
11-14.4 of the Criminal Code of 1961 (promoting juvenile
prostitution) or a violation of Section 11-17.1 of the
Criminal Code of 1961 (keeping a place of juvenile
prostitution).
(3) A violation of subdivision (a)(4) of Section
11-14.4 of the Criminal Code of 1961 (promoting juvenile
prostitution) or a violation of Section 11-19.2 of the
Criminal Code of 1961 (exploitation of a child).
(4) A violation of Section 11-20 of the Criminal Code
of 1961 (obscenity).
(5) A second or subsequent violation of Section 11-20.1
of the Criminal Code of 1961 (child pornography).
(6) A violation of Section 11-20.1B or 11-20.3 of the
Criminal Code of 1961 (aggravated child pornography).
(7) A violation of Section 16D-5 of the Criminal Code
of 1961 (computer fraud).
(8) A felony violation of Article 17B of the Criminal
Code of 1961 (WIC fraud).

09700HB5278ham001 - 49 - LRB097 18978 RLC 66428 a
(9) A felony violation of Section 26-5 of the Criminal
Code of 1961 (dog fighting).
(10) A violation of Article 29D of the Criminal Code of
1961 (terrorism).
(11) A felony violation of Section 4.01 of the Humane
Care for Animals Act (animals in entertainment).
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(725 ILCS 5/124B-100)
Sec. 124B-100. Definition; "offense". For purposes of this
Article, "offense" is defined as follows:
(1) In the case of forfeiture authorized under Section
10A-15 of the Criminal Code of 1961, "offense" means the
offense of involuntary servitude, involuntary servitude of
a minor, trafficking in persons, or trafficking of persons
for forced labor or services in violation of Section 10-9
or 10A-10 of that Code.
(2) In the case of forfeiture authorized under
subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
of the Criminal Code of 1961, "offense" means the offense
of promoting juvenile prostitution or keeping a place of
juvenile prostitution in violation of subdivision (a)(1)
of Section 11-14.4, or Section 11-17.1, of that Code.
(3) In the case of forfeiture authorized under
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
of the Criminal Code of 1961, "offense" means the offense

09700HB5278ham001 - 50 - LRB097 18978 RLC 66428 a
of promoting juvenile prostitution or exploitation of a
child in violation of subdivision (a)(4) of Section
11-14.4, or Section 11-19.2, of that Code.
(4) In the case of forfeiture authorized under Section
11-20 of the Criminal Code of 1961, "offense" means the
offense of obscenity in violation of that Section.
(5) In the case of forfeiture authorized under Section
11-20.1 of the Criminal Code of 1961, "offense" means the
offense of child pornography in violation of Section
11-20.1 of that Code.
(6) In the case of forfeiture authorized under Section
11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
means the offense of aggravated child pornography in
violation of Section 11-20.1B or 11-20.3 of that Code.
(7) In the case of forfeiture authorized under Section
16D-6 of the Criminal Code of 1961, "offense" means the
offense of computer fraud in violation of Section 16D-5 of
that Code.
(8) In the case of forfeiture authorized under Section
17B-25 of the Criminal Code of 1961, "offense" means any
felony violation of Article 17B of that Code.
(9) In the case of forfeiture authorized under Section
29D-65 of the Criminal Code of 1961, "offense" means any
offense under Article 29D of that Code.
(10) In the case of forfeiture authorized under Section
4.01 of the Humane Care for Animals Act or Section 26-5 of

09700HB5278ham001 - 51 - LRB097 18978 RLC 66428 a
the Criminal Code of 1961, "offense" means any felony
offense under either of those Sections.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(725 ILCS 5/Art. 124B Pt. 300 heading)
Part 300. Forfeiture; Involuntary Servitude
and Trafficking in of Persons
(Source: P.A. 96-712, eff. 1-1-10.)
(725 ILCS 5/124B-305)
Sec. 124B-305. Distribution of property and sale proceeds.
All moneys and the sale proceeds of all other property
forfeited and seized under this Part 300 shall be distributed
as follows:
(1) 50% shall be divided equally between all State
agencies and units of local government whose officers or
employees conducted the investigation that resulted in the
forfeiture.
(2) 50% shall be deposited into the Violent Crime
Victims Assistance Fund and targeted to services for
victims of the offenses of involuntary servitude,
involuntary servitude of a minor, trafficking in persons,
and trafficking of persons for forced labor or services.
(Source: P.A. 96-712, eff. 1-1-10.)
Section 25. The Predator Accountability Act is amended by

09700HB5278ham001 - 52 - LRB097 18978 RLC 66428 a
changing Section 10 as follows:
(740 ILCS 128/10)
Sec. 10. Definitions. As used in this Act:
"Sex trade" means any act, which if proven beyond a
reasonable doubt could support a conviction for a violation or
attempted violation of any of the following Sections of the
Criminal Code of 1961: 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); or
11-20.1B or 11-20.3 (aggravated child pornography); or Section
10-9 of the Criminal Code of 1961 (trafficking in of persons
and involuntary servitude).
"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 severely or profoundly intellectually

09700HB5278ham001 - 53 - LRB097 18978 RLC 66428 a
disabled person, 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 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 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 juvenile pimping and aggravated
juvenile pimping: the juvenile, or severely or profoundly
intellectually disabled person, 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 exploitation of a child: the juvenile, or
severely or profoundly intellectually disabled person,

09700HB5278ham001 - 54 - LRB097 18978 RLC 66428 a
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 severely or profoundly
intellectually disabled person, who appears in or is
described or depicted in the offending conduct or material;
or
(11) trafficking of persons or involuntary servitude:
a "trafficking victim" as defined in Section 10-9 of the
Criminal Code of 1961.
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; revised 9-15-11.)".