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| | SB0580 Enrolled | | LRB100 04839 HEP 14849 b |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Trafficking Victims Protection Act is |
5 | | amended by changing Section 15 as follows:
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6 | | (740 ILCS 128/15) |
7 | | (Text of Section before amendment by P.A. 100-939 ) |
8 | | Sec. 15. Cause of action. |
9 | | (a) Violations of this Act are actionable in civil court. |
10 | | (b) A victim of the sex trade has a cause of action against |
11 | | a person or entity who:
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12 | | (1) recruits, profits from, or maintains the victim in |
13 | | any sex trade act; |
14 | | (2) intentionally abuses, as defined in Section 103 of |
15 | | the Illinois Domestic Violence Act of 1986, or causes |
16 | | bodily harm, as defined in Section 11-0.1 of the Criminal |
17 | | Code of 2012, to the victim in any sex trade act; or
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18 | | (3) knowingly advertises or publishes advertisements |
19 | | for purposes of recruitment into sex trade activity. |
20 | | (c) This Section shall not be construed to create liability |
21 | | to any person or entity who provides goods or services to the |
22 | | general public, who also provides those goods or services to |
23 | | persons who would be liable under subsection (b) of this |
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1 | | Section, absent a showing that the person or entity either:
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2 | | (1) knowingly markets or provides its goods or services |
3 | | primarily to persons or entities liable under subsection |
4 | | (b) of this Section;
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5 | | (2) knowingly receives a higher level of compensation |
6 | | from persons or entities liable under subsection (b) of |
7 | | this Section than it generally receives from customers; or |
8 | | (3) supervises or exercises control over persons or |
9 | | entities liable under subsection (b) of this Section.
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10 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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11 | | (Text of Section after amendment by P.A. 100-939 ) |
12 | | Sec. 15. Cause of action. |
13 | | (a) A victim of the sex trade, involuntary servitude, or |
14 | | human trafficking may bring an action in civil court under this |
15 | | Act. |
16 | | (a-1) A legal guardian, agent of the victim, court |
17 | | appointee, or , with the express written consent of the victim, |
18 | | organization that represents the interests of or serves victims |
19 | | may bring a cause of action on behalf of a victim. An action |
20 | | may also be brought by a government entity responsible for |
21 | | enforcing the laws of this State. |
22 | | (b) A victim of the sex trade has a cause of action against |
23 | | a person or entity who:
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24 | | (1) recruits, profits from, or maintains the victim in |
25 | | any sex trade act; |
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1 | | (2) intentionally abuses, as defined in Section 103 of |
2 | | the Illinois Domestic Violence Act of 1986, or causes |
3 | | bodily harm, as defined in Section 11-0.1 of the Criminal |
4 | | Code of 2012, to a victim of the sex trade; or
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5 | | (3) knowingly advertises or publishes advertisements |
6 | | for purposes of recruitment into sex trade activity. |
7 | | (b-1) A victim of involuntary servitude or human |
8 | | trafficking has a cause of action against any person or entity |
9 | | who knowingly subjects, attempts to subject, or engages in a |
10 | | conspiracy to subject the victim to involuntary servitude or |
11 | | human trafficking. |
12 | | (c) This Section shall not be construed to create liability |
13 | | to any person or entity who provides goods or services to the |
14 | | general public, who also provides those goods or services to |
15 | | persons who would be liable under subsection (b) of this |
16 | | Section, absent a showing that the person or entity either:
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17 | | (1) knowingly markets or provides its goods or services |
18 | | primarily to persons or entities liable under subsection |
19 | | (b) of this Section;
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20 | | (2) knowingly receives a higher level of compensation |
21 | | from persons or entities liable under subsection (b) of |
22 | | this Section than it generally receives from customers; or |
23 | | (3) supervises or exercises control over persons or |
24 | | entities liable under subsection (b) of this Section.
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25 | | (d) The standard of proof in any action brought under this |
26 | | Section is a preponderance of the evidence. |
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1 | | (Source: P.A. 100-939, eff. 1-1-19.)
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2 | | Section 95. No acceleration or delay. Where this Act makes |
3 | | changes in a statute that is represented in this Act by text |
4 | | that is not yet or no longer in effect (for example, a Section |
5 | | represented by multiple versions), the use of that text does |
6 | | not accelerate or delay the taking effect of (i) the changes |
7 | | made by this Act or (ii) provisions derived from any other |
8 | | Public Act.
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