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1 AN ACT concerning human trafficking.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. This Act may be referred to as the Illinois
5 Statewide Trauma-Informed Response to Human Trafficking Act.
6 Section 2. Findings.
7 (a) Human trafficking cuts across gender, race, age,
8 immigration status, nationality, ability, income, and
9 educational levels.
10 (b) A multitude of factors can create susceptibility to
11 the force, fraud, and coercion used by traffickers to exploit
12 unmet physical, emotional, financial, or other needs of
13 targeted persons. Vulnerability factors include, but are not
14 limited to, poverty, prior sexual or domestic abuse, housing
15 insecurity, immigration status, sexual orientation, gender
16 identity, physical, mental and intellectual disability and
17 limited education.
18 (c) The complex trauma experienced by human trafficking
19 survivors requires services from persons who have received
20 training in effective responses to victims of human
21 trafficking.
22 (d) Trafficking for labor and sex exists in Illinois but
23 it is going unrecognized because victims are not being
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1 identified and the underlying crimes are not being reported.
2 The National Human Trafficking Hotline in 2021 reported 929
3 unique calls and texts and identified 355 victims from
4 Illinois, including 177 sex and 27 labor trafficking cases.
5 Fifty of those identified victims were minors. InfoNet,
6 operated by the Illinois Criminal Justice Information
7 Authority (ICJIA), indicates that 569 new client cases of sex
8 and labor trafficking were identified and served via domestic
9 violence and sexual assault service providers throughout
10 Illinois in calendar years 2021, 2022, and 2023. There was a
11 trend of increased victim identification during those years
12 from 235 in 2021, 266 in 2022, to 303 in 2023. While the
13 programs reporting to InfoNet primarily serve adults, 27
14 minors and 96 youth survivors between the ages of 18 and 24
15 were identified and served by these programs. The crime of
16 human trafficking was identified only 73 times between 2021
17 and 2023 according to the Illinois National Incident-Based
18 Reporting System (NIBRS).
19 (e) Child and youth victims of human trafficking are
20 especially vulnerable as they are often trafficked by someone
21 with whom they share a household or familial relationship,
22 and, due to their developmental stage, have a need for a safe
23 caregiving adult. Many have also previously experienced
24 physical or sexual abuse. Between 2021 and 2023, 966 possible
25 cases of child trafficking were identified by the Illinois
26 Department of Children and Family Services via reports of
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1 abuse or neglect. Of these, 292 (30.2%) were "indicated",
2 meaning investigation found that these were cases of
3 trafficking. There was a downward trend in the numbers of
4 allegations and identification of child victims from 105 of
5 416 (25.2%) indicated in 2021, to 104 of 312 (33.3%) in 2022,
6 to 83 of 238 (34.8%) in 2023.
7 (f) Survivors of sex and labor trafficking often do not
8 identify themselves as victims of human trafficking which,
9 unless they are identified as victims by others, hinders their
10 access to specialized services and considerations in the
11 criminal justice system.
12 (g) Victims have difficulty leaving their trafficking
13 situation due to the use of force, fraud, and coercive tactics
14 by traffickers, many of whom exploit existing systemic
15 barriers or other experiences faced by victims. These barriers
16 or experiences could include prior criminal history, mistrust
17 or previous experience with government systems, fear for
18 themselves or family members, debt and poverty, isolation,
19 language barriers, undocumented immigration status, or lack of
20 knowledge of the United States legal system and their rights
21 under it.
22 (h) Labor trafficking victims are especially difficult to
23 identify and engage. The National Human Trafficking Hotline in
24 2021 identified 177 incidents of sex trafficking, 27 incidents
25 of labor trafficking and 15 incidents involving both labor and
26 sex trafficking in Illinois. Illinois sexual assault and
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1 domestic violence agencies reported serving 266 survivors of
2 either sex or labor trafficking or both in 2022.
3 (i) Illinois' government response system is fragmented
4 without clear processes and procedures and without dedicated
5 funding for specialized services for human trafficking
6 survivors. Currently, federal funding is the primary source of
7 funding for dedicated human trafficking service providers in
8 Illinois.
9 (j) No State standards for victim-centered,
10 trauma-informed responses exist for the professions that are
11 in a position to identify, treat, or otherwise respond to
12 victims of human trafficking in Illinois.
13 (k) Current Illinois multi-disciplinary response systems
14 which are comprised of dedicated service providers, law
15 enforcement and prosecutors are fragmented with 2
16 multi-disciplinary task forces funded by the U.S. Department
17 of Justice's Office of Victims of Crime located in Northern
18 Illinois and Lake County, Illinois and other unfunded regional
19 and local task forces operating independently.
20 (l) The Illinois General Assembly finds that to identify
21 and respond to labor and sex trafficking in Illinois and
22 restore the dignity and future of survivors that a statewide
23 strategic framework to prevent, detect and respond to victims
24 of human trafficking must be established.
25 (m) The General Assembly further finds that there is a
26 need to create standards for training of human trafficking
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1 service providers, law enforcement, prosecutors, public
2 defenders, and housing, mental health, substance use disorder,
3 medical personnel and other professions in order to ensure
4 that victims of human trafficking in Illinois are identified
5 and receive a victim-centered, trauma-informed response when
6 they are identified or present for service.
7 Section 5. The Children and Family Services Act is amended
8 by adding Section 45.1 as follows:
9 (20 ILCS 505/45.1 new)
10 Sec. 45.1. Department of Children and Family Services
11 human trafficking unit.
12 (a) The Department of Children and Family Services shall:
13 (1) maintain a human trafficking unit to coordinate
14 services, initiate prevention efforts, and provide access
15 to resources for case-management staff to serve youth in
16 care who have been determined to be victims of human
17 trafficking or assessed to be at high risk of becoming a
18 victim of human trafficking, as well as ensure a timely
19 response by the Department to recover youth in care in the
20 custody of law enforcement or in the care of a Department
21 of Humans Services Comprehensive Community Based Youth
22 Services (CCBYS) service provider;
23 (2) ensure that all youth in care are screened during
24 the initial integrated assessment to identify those who
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1 may be at high risk of trafficking, based on experiences
2 of commercial sexual exploitation and other indicators of
3 human trafficking, and ensure that those identified are
4 screened for and, as relevant, provided with specialized
5 services;
6 (3) collaborate with the Department of Human Services
7 and other State agencies to develop screening and
8 follow-up protocols to respond to children and adolescents
9 who may be victims of human trafficking or at risk of human
10 trafficking regardless of immigration or legal status;
11 (4) require victim-centered, trauma-informed human
12 trafficking training for Department employees and
13 contractors providing specialized services to children and
14 youth who are victims of human trafficking or at risk of
15 human trafficking including caseworkers, investigators,
16 foster parents, and residential home personnel;
17 (5) require that all alleged child victims of human
18 trafficking be referred to the local child advocacy center
19 to coordinate and facilitate a multi-disciplinary
20 response;
21 (6) increase trauma-informed placement options for
22 youth in care, who have been determined to be victims of
23 human trafficking or assessed to be at high risk of
24 becoming a victim of human trafficking; and
25 (7) on or before July 1, 2026, incorporate services
26 for all child human trafficking victims into the
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1 community-based services provided by the Department.
2 (b) Definitions. In this Section:
3 "Child or children" has the same meaning as a minor and
4 refers to persons under the age of 18.
5 "Human trafficking" means a violation or attempted
6 violation of Section 10-9 of the Criminal Code of 2012. "Human
7 trafficking" includes trafficking of children and adults for
8 both labor and sex services.
9 "Specialized services" means services for youth in care
10 determined to be victims of human trafficking, those assessed
11 as high risk for trafficking, or those with a history of sexual
12 exploitation, and may include the following: treatment for
13 substance use, mental health needs, medical treatment, case
14 management, or housing.
15 Section 10. The Department of Human Services Act is
16 amended by adding Section 1-90 as follows:
17 (20 ILCS 1305/1-90 new)
18 Sec. 1-90. Statewide plan; victims of human trafficking.
19 (a) In this Section, "human trafficking" means a violation
20 or attempted violation of Section 10-9 of the Criminal Code of
21 2012. Human trafficking includes trafficking of children and
22 adults for both labor and sex services.
23 (b) The Department of Human Services shall:
24 (1) on or before December 31, 2025, develop and submit
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1 a strategic plan to the Governor and General Assembly to
2 establish a statewide system of identification and
3 response to survivors of human trafficking and recommended
4 levels of funding for phase-in of comprehensive
5 victim-centered, trauma-informed statewide services for
6 victims of human trafficking, including adults, youth and
7 children, and to sex and labor trafficking victims
8 regardless of immigration or legal status. The plan shall
9 be developed in consultation with survivors, human
10 trafficking service providers, and State agencies
11 including the Department of Human Services, Department of
12 Children and Family Services, Illinois State Police, and
13 Department of Labor. The Department of Human Services
14 shall also solicit input from a broad range of partners
15 with relevant expertise in the areas of: housing and
16 shelter; youth crisis response; adult and pediatric
17 healthcare; substance use disorders, behavioral and mental
18 health; legal and immigration services; disability;
19 domestic violence and sexual assault advocacy; law
20 enforcement; justice system including the Office of the
21 State's Attorneys Appellate Prosecutor, prosecutors and
22 public defenders, county detention centers, probation
23 court services, and the Administrative Office of the
24 Illinois Courts; State agencies, including the Department
25 of Juvenile Justice, Department of Public Health,
26 Department of Corrections, and Illinois Criminal Justice
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1 Information Authority; and federally funded and regional
2 multi-disciplinary human trafficking task forces.
3 (2) on or before July 1, 2026, develop service
4 standards for organizations providing victim services to
5 survivors of human trafficking based upon victim-centered,
6 trauma-informed best practices in consultation with
7 survivors and experts in the field and consistent with
8 standards developed by the United States Department of
9 Justice, Office of Victims of Crime;
10 (3) on or before October 1, 2026, develop standardized
11 training curriculum for individuals who provide advocacy,
12 counseling, mental health, substance use disorder,
13 homelessness, immigration, legal, and case-management
14 services for survivors of human trafficking with input
15 from survivors and experts in the field;
16 (4) provide consultation to State professional
17 associations in the development of trainings for
18 healthcare professionals, including those in training, and
19 attorneys who are likely to provide services to survivors
20 of human trafficking; and
21 (5) provide consultation to State agencies, including,
22 but not limited to, the Department of Children and Family
23 Services, the Department of Juvenile Justice, and the
24 Department of Corrections, to assist with development of
25 training and screening tools.
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1 Section 15. The Department of Labor Law of the Civil
2 Administrative Code of Illinois is amended by adding Section
3 1505-225 as follows:
4 (20 ILCS 1505/1505-225 new)
5 Sec. 1505-225. Training courses on human trafficking.
6 (a) In this Section:
7 "Child" refers to a person under the 18 years of age.
8 "Human trafficking" means a violation or attempted
9 violation of Section 10-9 of the Criminal Code of 2012. "Human
10 trafficking" includes trafficking of children and adults for
11 both labor and sex services.
12 (b) Working with other State agencies and in collaboration
13 with the Department of Human Services, the Department of Labor
14 shall develop training for State health inspectors, Department
15 of Labor investigators, licensing inspectors, and other
16 relevant government regulators on indications of human
17 trafficking, including child trafficking, in industries at
18 high risk for labor trafficking, including, but not limited
19 to, restaurants, hotels, construction, and agriculture and how
20 to respond if trafficking is suspected. The Department of
21 Labor shall develop education materials on workers' rights and
22 recourse for labor exploitation posted on the Department's
23 website and on the rights of child and youth workers and
24 indicators of child labor trafficking for regional offices of
25 education.
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1 Section 20. The Illinois State Police Law of the Civil
2 Administrative Code of Illinois is amended by adding Section
3 2605-625 as follows:
4 (20 ILCS 2605/2605-625 new)
5 Sec. 2605-625. Illinois State Police to develop a
6 strategic plan and support and coordinate with
7 multi-disciplinary human trafficking task forces (MDHTTF) to
8 improve victim-centered, trauma-informed law enforcement
9 response to victims of human trafficking across the State.
10 (a) In this Section:
11 "Children" means persons under 18 years of age.
12 "Human trafficking" means a violation or attempted
13 violation of Section 10-9 of the Criminal Code of 2012. "Human
14 trafficking" includes trafficking of children and adults for
15 both labor and sex services.
16 "Multi-disciplinary human trafficking task forces"
17 (MDHTTF) means task forces established to coordinate
18 detection, investigation, and response to victims of human and
19 child trafficking across multiple jurisdictions and
20 disciplines and whose participants may include, but are not
21 limited to, federal, State, and local law enforcement, local
22 government, the Illinois State Police, the Departments of
23 Children and Family Services, Juvenile Justice, and
24 Corrections, prosecutors, children's advocacy centers, adult
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1 and pediatric medical personnel, and service providers
2 specializing in victim-centered, trauma-informed response to
3 victims of human trafficking. Such multi-disciplinary task
4 forces may include Metropolitan Enforcement Groups as defined
5 in Section 3 of the Intergovernmental Drug Laws Enforcement
6 Act.
7 (b) The Illinois State Police shall:
8 (1) on or before July 1, 2026, develop a strategic
9 plan to improve victim-centered, trauma-informed law
10 enforcement response to victims of human trafficking
11 across the State, in consultation with the Department of
12 Human Services, victim-centered, trauma-informed human
13 trafficking service providers, local, State, and federal
14 law enforcement partners, metropolitan enforcement groups
15 (MEG) and task forces, existing federally funded task
16 forces, and allied organizations;
17 (2) support implementation of a network of
18 multi-disciplinary human trafficking task forces (MDHTTF)
19 across the State building upon the existing
20 multi-disciplinary human trafficking task forces, and in
21 partnership with the Department of Human Services,
22 victim-centered, trauma-informed human trafficking
23 service providers, children's advocacy centers, local,
24 State, and federal law enforcement partners, MEGs and
25 multi-jurisdictional law enforcement task forces, existing
26 federally funded task forces, and allied organizations.
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1 Each MDHTTF shall include at least one representative from
2 each of the following: a local, regional or statewide
3 organization which has received specialized training in
4 victim-centered, trauma-informed response to victims of
5 human trafficking, a local or county law enforcement
6 agency, a prosecutor and a children's advocacy center;
7 (3) convene representatives from Illinois
8 multi-disciplinary human trafficking task forces on a
9 quarterly basis to discuss emerging issues, law
10 enforcement strategies, and changes to protocols needed to
11 hold perpetrators of human trafficking accountable;
12 (4) convene an annual statewide conference for
13 stakeholders and multi-disciplinary human trafficking task
14 forces (MDHTTF) to provide training and discuss strategies
15 to reduce and respond to human trafficking in the State in
16 partnership with the Department of Human Services with the
17 input of victim-centered, trauma-informed human
18 trafficking service providers, and subject to
19 appropriation;
20 (5) create standardized protocols for law enforcement
21 investigations and multi-disciplinary response to
22 referrals from the National Human Trafficking Hotline,
23 other tip-line calls, traffic interdiction of suspected
24 traffickers, and other human trafficking victim referrals
25 in partnership with the Department of Human Services,
26 victim-centered, trauma-informed human trafficking
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1 service providers, local, State, and federal law
2 enforcement partners, MEG and task forces, existing
3 federally funded task forces, and allied organizations;
4 (6) work with the Illinois Law Enforcement Training
5 Standards Board, local law enforcement, victim-centered,
6 trauma-informed service providers, and survivor leaders to
7 develop, on or before July 1, 2026, curriculum standards
8 for law enforcement training on human trafficking;
9 (7) on or before July 1, 2026, work with the Illinois
10 Law Enforcement Training Standards Board, in consultation
11 with the Attorney General, law enforcement agencies, human
12 trafficking service providers, and other providers with
13 expertise in recognizing and responding to victims of
14 human trafficking, to develop and make available to each
15 law enforcement agency, comprehensive guidelines for
16 creation of a law enforcement agency policy on
17 victim-centered, trauma-informed detection,
18 investigation, and response to victims of human
19 trafficking; and
20 (8) provide support for local law enforcement
21 encountering victims of human trafficking.
22 Section 25. The Illinois Police Training Act is amended by
23 changing Sections 2, 10.21 and 10.23 and by adding Section
24 10.27 as follows:
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1 (50 ILCS 705/2) (from Ch. 85, par. 502)
2 Sec. 2. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 "Board" means the Illinois Law Enforcement Training
5 Standards Board.
6 "Full-time law enforcement officer" means a law
7 enforcement officer who has completed the officer's
8 probationary period and is employed on a full-time basis as a
9 law enforcement officer by a local government agency, State
10 government agency, or as a campus police officer by a
11 university, college, or community college.
12 "Law Enforcement agency" means any entity with statutory
13 police powers and the ability to employ individuals authorized
14 to make arrests. It does not include the Illinois State Police
15 as defined in the State Police Act. A law enforcement agency
16 may include any university, college, or community college.
17 "Local law enforcement agency" means any law enforcement
18 unit of government or municipal corporation in this State. It
19 does not include the State of Illinois or any office, officer,
20 department, division, bureau, board, commission, or agency of
21 the State, except that it does include a State-controlled
22 university, college or public community college.
23 "State law enforcement agency" means any law enforcement
24 agency of this State. This includes any office, officer,
25 department, division, bureau, board, commission, or agency of
26 the State. It does not include the Illinois State Police as
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1 defined in the State Police Act.
2 "Panel" means the Certification Review Panel.
3 "Basic training school" means any school located within
4 the State of Illinois whether privately or publicly owned
5 which offers a course in basic law enforcement or county
6 corrections training and has been approved by the Board.
7 "Probationary police officer" means a recruit law
8 enforcement officer required to successfully complete initial
9 minimum basic training requirements at a basic training school
10 to be eligible for permanent full-time employment as a local
11 law enforcement officer.
12 "Probationary part-time police officer" means a recruit
13 part-time law enforcement officer required to successfully
14 complete initial minimum part-time training requirements to be
15 eligible for employment on a part-time basis as a local law
16 enforcement officer.
17 "Permanent law enforcement officer" means a law
18 enforcement officer who has completed the officer's
19 probationary period and is permanently employed on a full-time
20 basis as a local law enforcement officer, as a security
21 officer, or campus police officer permanently employed by a
22 law enforcement agency.
23 "Part-time law enforcement officer" means a law
24 enforcement officer who has completed the officer's
25 probationary period and is employed on a part-time basis as a
26 law enforcement officer or as a campus police officer by a law
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1 enforcement agency.
2 "Law enforcement officer" means (i) any police officer of
3 a law enforcement agency who is primarily responsible for
4 prevention or detection of crime and the enforcement of the
5 criminal code, traffic, or highway laws of this State or any
6 political subdivision of this State or (ii) any member of a
7 police force appointed and maintained as provided in Section 2
8 of the Railroad Police Act.
9 "Recruit" means any full-time or part-time law enforcement
10 officer or full-time county corrections officer who is
11 enrolled in an approved training course.
12 "Review Committee" means the committee at the Board for
13 certification disciplinary cases in which the Panel, a law
14 enforcement officer, or a law enforcement agency may file for
15 reconsideration of a decertification decision made by the
16 Board.
17 "Probationary county corrections officer" means a recruit
18 county corrections officer required to successfully complete
19 initial minimum basic training requirements at a basic
20 training school to be eligible for permanent employment on a
21 full-time basis as a county corrections officer.
22 "Permanent county corrections officer" means a county
23 corrections officer who has completed the officer's
24 probationary period and is permanently employed on a full-time
25 basis as a county corrections officer by a participating law
26 enforcement agency.
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1 "County corrections officer" means any sworn officer of
2 the sheriff who is primarily responsible for the control and
3 custody of offenders, detainees or inmates.
4 "Probationary court security officer" means a recruit
5 court security officer required to successfully complete
6 initial minimum basic training requirements at a designated
7 training school to be eligible for employment as a court
8 security officer.
9 "Permanent court security officer" means a court security
10 officer who has completed the officer's probationary period
11 and is employed as a court security officer by a participating
12 law enforcement agency.
13 "Court security officer" has the meaning ascribed to it in
14 Section 3-6012.1 of the Counties Code.
15 "Trauma" means physical or emotional harm resulting from
16 an event, series of events, or set of circumstances that has
17 led to lasting adverse effects on an individual's mental,
18 physical, social, emotional, and spiritual well-being.
19 "Trauma-informed response" means a program, organization,
20 or system that is trauma-informed; realizes the widespread
21 impact of trauma and understands potential paths for recovery;
22 recognizes the signs and symptoms of trauma in clients,
23 families, staff, and others involved with the system; and
24 responds by fully integrating knowledge about trauma into
25 policies, procedures, and practices, and seeks to actively
26 avoid re-traumatization and to restore autonomy and stability
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1 to survivors.
2 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
3 (50 ILCS 705/10.21)
4 Sec. 10.21. Training; sexual assault and sexual abuse.
5 (a) The Illinois Law Enforcement Training Standards Board
6 shall conduct or approve training programs in trauma-informed
7 responses and investigations of sexual assault and sexual
8 abuse, which include, but is not limited to, the following:
9 (1) recognizing the symptoms of trauma;
10 (2) understanding the role trauma has played in a
11 victim's life;
12 (3) responding to the needs and concerns of a victim;
13 (4) delivering services in a compassionate, sensitive,
14 and nonjudgmental manner;
15 (5) interviewing techniques in accordance with the
16 curriculum standards in subsection (f) of this Section;
17 (6) understanding cultural perceptions and common
18 myths of sexual assault and sexual abuse;
19 (7) report writing techniques in accordance with the
20 curriculum standards in subsection (f) of this Section;
21 and
22 (8) recognizing special sensitivities of victims due
23 to: age, including those under the age of 13; race; color;
24 creed; religion; ethnicity; gender; sexual orientation;
25 physical or mental disabilities; immigration status;
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1 national origin; justice-involvement; past human
2 trafficking victimization or involvement in the sex trade;
3 or other qualifications; and .
4 (9) screening of victims of sexual assault and sexual
5 abuse for human trafficking.
6 (b) This training must be presented in all full and
7 part-time basic law enforcement academies on or before July 1,
8 2018.
9 (c) Agencies employing law enforcement officers must
10 present this training to all law enforcement officers within 3
11 years after January 1, 2017 (the effective date of Public Act
12 99-801) and must present in-service training on sexual assault
13 and sexual abuse response and report writing training
14 requirements every 3 years.
15 (d) Agencies employing law enforcement officers who
16 conduct sexual assault and sexual abuse investigations must
17 provide specialized training to these officers on sexual
18 assault and sexual abuse investigations within 2 years after
19 January 1, 2017 (the effective date of Public Act 99-801) and
20 must present in-service training on sexual assault and sexual
21 abuse investigations to these officers every 3 years. In
22 consultation with a statewide nonprofit, nongovernmental
23 organization that represents survivors of sexual violence, the
24 training shall include instruction on screening of victims of
25 sexual assault and sexual abuse for human trafficking
26 victimization.
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1 (e) Instructors providing this training shall (1) have
2 successfully completed (A) training on evidence-based,
3 trauma-informed, victim-centered response to cases of sexual
4 assault and sexual abuse and (B) using curriculum for the
5 training created in consultation with a statewide nonprofit,
6 nongovernmental organization that represents survivors of
7 sexual violence, training on screening of victims of sexual
8 assault and sexual abuse for human trafficking victimization
9 and (2) have experience responding to sexual assault and
10 sexual abuse cases.
11 (f) The Board shall adopt rules, in consultation with the
12 Office of the Illinois Attorney General and the Illinois State
13 Police, to determine the specific training requirements for
14 these courses, including, but not limited to, the following:
15 (1) evidence-based curriculum standards for report
16 writing and immediate response to sexual assault and
17 sexual abuse, including trauma-informed, victim-centered,
18 age sensitive, interview techniques, which have been
19 demonstrated to minimize retraumatization, for
20 probationary police officers and all law enforcement
21 officers; and
22 (2) evidence-based curriculum standards for
23 trauma-informed, victim-centered, age sensitive
24 investigation and interviewing techniques, which have been
25 demonstrated to minimize retraumatization, for cases of
26 sexual assault and sexual abuse for law enforcement
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1 officers who conduct sexual assault and sexual abuse
2 investigations.
3 (Source: P.A. 102-538, eff. 8-20-21.)
4 (50 ILCS 705/10.23)
5 Sec. 10.23. Training and curriculum; human trafficking.
6 (a) The Board shall work with the Illinois State Police,
7 local law enforcement, victim-centered, trauma-informed human
8 trafficking service providers, and survivor leaders to
9 develop, on or before July 1, 2026, academy and in-service
10 curriculum standards for training on victim-centered,
11 trauma-informed detection, investigation, and response to
12 human trafficking victims certified by the Board.
13 (b) The Board shall conduct or approve an in-service
14 training program in the detection, and investigation, and
15 victim-centered, trauma-informed response to victims of all
16 forms of human trafficking, including, but not limited to,
17 involuntary servitude under subsection (b) of Section 10-9 of
18 the Criminal Code of 2012, involuntary sexual servitude of a
19 minor under subsection (c) of Section 10-9 of the Criminal
20 Code of 2012, and trafficking in persons under subsection (d)
21 of Section 10-9 of the Criminal Code of 2012. This program
22 shall be made available to all certified law enforcement,
23 correctional, and court security officers.
24 (Source: P.A. 101-18, eff. 1-1-20; 102-558, eff. 8-20-21.)
SB2323 Enrolled - 23 - LRB104 02939 RLC 19420 b
1 (50 ILCS 705/10.27 new)
2 Sec. 10.27. Trauma-informed response to victims of human
3 trafficking policies.
4 (a) On or before July 1, 2027, every law enforcement
5 agency shall develop, adopt, and implement written policies
6 detailing procedures for victim-centered, trauma-informed
7 detection, investigation and response to victims of human
8 trafficking consistent with the guidelines developed under
9 subsection (b).
10 (b) On or before July 1, 2026, the Board, in consultation
11 with the Illinois State Police, local law enforcement
12 agencies, human trafficking service providers, and other
13 providers with expertise in recognizing and responding to
14 victims of human trafficking shall develop and make available
15 to each law enforcement agency comprehensive guidelines for
16 creation of a law enforcement agency policy on
17 trauma-informed, victim-centered detection, investigation,
18 and response to victims of human trafficking. These guidelines
19 shall include, but not be limited to, the following:
20 (1) definitions;
21 (2) recognizing human trafficking;
22 (3) description of trauma-informed, victim-centered
23 response;
24 (4) responding officer duties;
25 (5) human trafficking investigations;
26 (6) protocols for responding to child and youth
SB2323 Enrolled - 24 - LRB104 02939 RLC 19420 b
1 victims of human trafficking;
2 (7) addressing immediate and emergent needs of
3 victims;
4 (8) working with survivor advocates and human
5 trafficking service providers;
6 (9) victim interviews;
7 (10) evidence collection;
8 (11) supervisor duties;
9 (12) suspect interviews;
10 (13) witness interviews;
11 (14) working with State's Attorneys and prosecutors;
12 (15) working with multi-disciplinary teams and federal
13 agencies;
14 (16) language barriers and interpreters;
15 (17) victims' rights;
16 (18) considerations for specific populations or
17 communities, and
18 (19) special needs and tools for victims who are
19 foreign nationals.
20 Section 30. The Illinois Procurement Code is amended by
21 adding Section 25-210 as follows:
22 (30 ILCS 500/25-210 new)
23 Sec. 25-210. Contracts for the procurement or laundering
24 of apparel. Each contractor who contracts with a State agency
SB2323 Enrolled - 25 - LRB104 02939 RLC 19420 b
1 for the procurement or laundering of apparel shall certify
2 that no work was provided through the use of forced labor or
3 exploitation.
4 Section 35. The Children's Advocacy Center Act is amended
5 by changing Section 4 as follows:
6 (55 ILCS 80/4) (from Ch. 23, par. 1804)
7 Sec. 4. Children's Advocacy Center.
8 (a) A CAC may be established to coordinate the activities
9 of the various agencies involved in the investigation,
10 prosecution and treatment of child maltreatment. The
11 individual county or regional Advisory Board shall set the
12 written protocol of the CAC within the appropriate
13 jurisdiction. The operation of the CAC may be funded through
14 public or private grants, contracts, donations, fees, and
15 other available sources under this Act. Each CAC shall operate
16 to the best of its ability in accordance with available
17 funding. In counties in which a referendum has been adopted
18 under Section 5 of this Act, the Advisory Board, by the
19 majority vote of its members, shall submit a proposed annual
20 budget for the operation of the CAC to the county board, which
21 shall appropriate funds and levy a tax sufficient to operate
22 the CAC. The county board in each county in which a referendum
23 has been adopted shall establish a Children's Advocacy Center
24 Fund and shall deposit the net proceeds of the tax authorized
SB2323 Enrolled - 26 - LRB104 02939 RLC 19420 b
1 by Section 6 of this Act in that Fund, which shall be kept
2 separate from all other county funds and shall only be used for
3 the purposes of this Act.
4 (b) The Advisory Board shall pay from the Children's
5 Advocacy Center Fund or from other available funds the
6 salaries of all employees of the Center and the expenses of
7 acquiring a physical plant for the Center by construction or
8 lease and maintaining the Center, including the expenses of
9 administering the coordination of the investigation,
10 prosecution and treatment referral of child maltreatment under
11 the provisions of the protocol adopted pursuant to this Act.
12 (b-1) Recognizing the pivotal role of CACs in providing
13 comprehensive support to trafficked children and youth, each
14 CAC shall:
15 (1) ensure that each county's multi-disciplinary team
16 protocol includes a response to allegations of human
17 trafficking;
18 (2) increase the capacity of each multi-disciplinary
19 team to identify, assess, and serve trafficked children
20 and youth;
21 (3) facilitate collaboration between the CAC, law
22 enforcement, child welfare agencies, health care
23 providers, and other pertinent stakeholders to ensure a
24 synchronized and trauma-informed response to trafficked
25 children and youth;
26 (4) ensure all CAC employees and contractors treating,
SB2323 Enrolled - 27 - LRB104 02939 RLC 19420 b
1 interviewing, or coming in contact with victims receive
2 training on victim-centered, trauma-informed response to
3 child and youth victims of human trafficking, including
4 identifying and addressing the unique needs of trafficked
5 children and youth, thereby enabling access to appropriate
6 support services and legal remedies; and
7 (5) work with the Department of Human Services to
8 establish standards for victim-centered, trauma-informed
9 training for CACs and members of multi-disciplinary teams.
10 (c) Every CAC shall include at least the following
11 components:
12 (1) A multidisciplinary, coordinated systems approach
13 to the investigation of child maltreatment which shall
14 include, at a minimum:
15 (i) an interagency notification procedure;
16 (ii) a policy on multidisciplinary team
17 collaboration and communication that requires MDT
18 members share information pertinent to investigations
19 and the safety of children;
20 (iii) (blank);
21 (iv) a description of the role each agency has in
22 responding to a referral for services in an individual
23 case;
24 (v) a dispute resolution process between the
25 involved agencies when a conflict arises on how to
26 proceed on the referral of a particular case;
SB2323 Enrolled - 28 - LRB104 02939 RLC 19420 b
1 (vi) a process for the CAC to assist in the
2 forensic interview of children that witness alleged
3 crimes;
4 (vii) a child-friendly, trauma informed space for
5 children and their non-offending family members;
6 (viii) an MDT approach including law enforcement,
7 prosecution, medical, mental health, victim advocacy,
8 and other community resources;
9 (ix) medical evaluation on-site or off-site
10 through referral;
11 (x) mental health services on-site or off-site
12 through referral;
13 (xi) on-site forensic interviews;
14 (xii) culturally competent services;
15 (xiii) case tracking and review;
16 (xiv) case staffing on each investigation;
17 (xv) effective organizational capacity; and
18 (xvi) a policy or procedure to familiarize a child
19 and his or her non-offending family members or
20 guardians with the court process as well as
21 preparations for testifying in court, if necessary;
22 (2) A safe, separate space with assigned personnel
23 designated for the investigation and coordination of child
24 maltreatment cases;
25 (3) A multidisciplinary case review process for
26 purposes of decision-making, problem solving, systems
SB2323 Enrolled - 29 - LRB104 02939 RLC 19420 b
1 coordination, and information sharing;
2 (4) A comprehensive client tracking system to receive
3 and coordinate information concerning child maltreatment
4 cases from each participating agency;
5 (5) Multidisciplinary specialized training for all
6 professionals involved with the victims and non-offending
7 family members in child maltreatment cases; and
8 (6) A process for evaluating the effectiveness of the
9 CAC and its operations.
10 (d) In the event that a CAC has been established as
11 provided in this Section, the Advisory Board of that CAC may,
12 by a majority vote of the members, authorize the CAC to
13 coordinate the activities of the various agencies involved in
14 the investigation, prosecution, and treatment referral in
15 cases of serious or fatal injury to a child. For CACs receiving
16 funds under Section 5 or 6 of this Act, the Advisory Board
17 shall provide for the financial support of these activities in
18 a manner similar to that set out in subsections (a) and (b) of
19 this Section and shall be allowed to submit a budget that
20 includes support for physical abuse and neglect activities to
21 the County Board, which shall appropriate funds that may be
22 available under Section 5 of this Act. In cooperation with the
23 Department of Children and Family Services Child Death Review
24 Teams, the Department of Children and Family Services Office
25 of the Inspector General, and other stakeholders, this
26 protocol must be initially implemented in selected counties to
SB2323 Enrolled - 30 - LRB104 02939 RLC 19420 b
1 the extent that State appropriations or funds from other
2 sources for this purpose allow.
3 (e) CACI may also provide technical assistance and
4 guidance to the Advisory Boards.
5 (f) In this Section:
6 "Child" or "children" refers to persons under 18 years of
7 age.
8 "Youth" means persons between the ages of 18 and 24 years.
9 (Source: P.A. 98-809, eff. 1-1-15; 99-78, eff. 7-20-15.)
10 Section 40. The Juvenile Court Act of 1987 is amended by
11 adding Section 5-175 as follows:
12 (705 ILCS 405/5-175 new)
13 Sec. 5-175. Minor accused of status offense or
14 misdemeanor. It is an affirmative defense to any status or
15 misdemeanor offense that would not be illegal if committed by
16 an adult that a minor who is a victim of an offense defined in
17 Section 10-9 of the Criminal Code of 2012 committed the status
18 or misdemeanor offense during the course of or as a result of
19 the minor's status as a victim of an offense defined in Section
20 10-9 of that Code.
21 Section 45. The Criminal Code of 2012 is amended by
22 changing Section 10-9 as follows:
SB2323 Enrolled - 31 - LRB104 02939 RLC 19420 b
1 (720 ILCS 5/10-9)
2 Sec. 10-9. Trafficking in persons, involuntary servitude,
3 and related offenses.
4 (a) Definitions. In this Section:
5 (1) "Intimidation" has the meaning prescribed in Section
6 12-6.
7 (2) "Commercial sexual activity" means any sex act on
8 account of which anything of value is given, promised to, or
9 received by any person.
10 (2.5) "Company" means any sole proprietorship,
11 organization, association, corporation, partnership, joint
12 venture, limited partnership, limited liability partnership,
13 limited liability limited partnership, limited liability
14 company, or other entity or business association, including
15 all wholly owned subsidiaries, majority-owned subsidiaries,
16 parent companies, or affiliates of those entities or business
17 associations, that exist for the purpose of making profit.
18 (3) "Financial harm" includes intimidation that brings
19 about financial loss, criminal usury, or employment contracts
20 that violate the Frauds Act.
21 (4) (Blank).
22 (5) "Labor" means work of economic or financial value.
23 (6) "Maintain" means, in relation to labor or services, to
24 secure continued performance thereof, regardless of any
25 initial agreement on the part of the victim to perform that
26 type of service.
SB2323 Enrolled - 32 - LRB104 02939 RLC 19420 b
1 (7) "Obtain" means, in relation to labor or services, to
2 secure performance thereof.
3 (7.5) "Serious harm" means any harm, whether physical or
4 nonphysical, including psychological, financial, or
5 reputational harm, that is sufficiently serious, under all the
6 surrounding circumstances, to compel a reasonable person of
7 the same background and in the same circumstances to perform
8 or to continue performing labor or services in order to avoid
9 incurring that harm.
10 (8) "Services" means activities resulting from a
11 relationship between a person and the actor in which the
12 person performs activities under the supervision of or for the
13 benefit of the actor. Commercial sexual activity and
14 sexually-explicit performances are forms of activities that
15 are "services" under this Section. Nothing in this definition
16 may be construed to legitimize or legalize prostitution.
17 (9) "Sexually-explicit performance" means a live,
18 recorded, broadcast (including over the Internet), or public
19 act or show intended to arouse or satisfy the sexual desires or
20 appeal to the prurient interests of patrons.
21 (10) "Trafficking victim" means a person subjected to the
22 practices set forth in subsection (b), (c), or (d).
23 (b) Involuntary servitude. A person commits involuntary
24 servitude when he or she knowingly subjects, attempts to
25 subject, or engages in a conspiracy to subject another person
26 to labor or services obtained or maintained through any of the
SB2323 Enrolled - 33 - LRB104 02939 RLC 19420 b
1 following means, or any combination of these means:
2 (1) causes or threatens to cause physical harm to any
3 person;
4 (2) physically restrains or threatens to physically
5 restrain another person;
6 (3) abuses or threatens to abuse the law or legal
7 process;
8 (4) attempts to or knowingly destroys, conceals,
9 removes, confiscates, or possesses any actual or purported
10 passport or other immigration document, or any other
11 actual or purported government identification document, of
12 another person;
13 (5) uses intimidation, abuses a position of trust,
14 authority, or supervision in relation to the victim,
15 through the use or deprivation of any alcoholic
16 intoxicant, a drug as defined or used in the Illinois
17 Controlled Substances Act or the Cannabis Control Act, or
18 methamphetamine as defined in the Methamphetamine Control
19 and Community Protection Act, or exerts financial control
20 over any person; or
21 (6) uses any scheme, plan, or pattern intended to
22 cause the person to believe that, if the person did not
23 perform the labor or services, that person or another
24 person would suffer serious harm or physical restraint.
25 Sentence. Except as otherwise provided in subsection (e)
26 or (f), a violation of subsection (b)(1) is a Class X felony,
SB2323 Enrolled - 34 - LRB104 02939 RLC 19420 b
1 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
2 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
3 (c) Involuntary sexual servitude of a minor. A person
4 commits involuntary sexual servitude of a minor when he or she
5 knowingly recruits, entices, harbors, transports, provides, or
6 obtains by any means, or attempts to recruit, entice, harbor,
7 provide, or obtain by any means, another person under 18 years
8 of age, knowing that the minor will engage in commercial
9 sexual activity, a sexually-explicit performance, or the
10 production of pornography, or causes or attempts to cause a
11 minor to engage in one or more of those activities and:
12 (1) there is no overt force or threat and the minor is
13 between the ages of 17 and 18 years;
14 (2) there is no overt force or threat and the minor is
15 under the age of 17 years; or
16 (3) there is overt force or threat.
17 Sentence. Except as otherwise provided in subsection (e)
18 or (f), a violation of subsection (c)(1) is a Class 1 felony,
19 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
20 (d) Trafficking in persons. A person commits trafficking
21 in persons when he or she knowingly: (1) recruits, entices,
22 harbors, transports, provides, or obtains by any means, or
23 attempts to recruit, entice, harbor, transport, provide, or
24 obtain by any means, another person, intending or knowing that
25 the person will be subjected to involuntary servitude; or (2)
26 benefits, financially or by receiving anything of value, from
SB2323 Enrolled - 35 - LRB104 02939 RLC 19420 b
1 participation in a venture that has engaged in an act of
2 involuntary servitude or involuntary sexual servitude of a
3 minor. A company commits trafficking in persons when the
4 company knowingly benefits, financially or by receiving
5 anything of value, from participation in a venture that has
6 engaged in an act of involuntary servitude or involuntary
7 sexual servitude of a minor.
8 Sentence. Except as otherwise provided in subsection (e)
9 or (f), a violation of this subsection by a person is a Class 1
10 felony. A violation of this subsection by a company is a
11 business offense for which a fine of up to $100,000 may be
12 imposed.
13 (e) Aggravating factors. A violation of this Section
14 involving kidnapping or an attempt to kidnap, aggravated
15 criminal sexual assault or an attempt to commit aggravated
16 criminal sexual assault, or an attempt to commit first degree
17 murder is a Class X felony.
18 (f) Sentencing considerations.
19 (1) Bodily injury. If, pursuant to a violation of this
20 Section, a victim suffered bodily injury, the defendant
21 may be sentenced to an extended-term sentence under
22 Section 5-8-2 of the Unified Code of Corrections. The
23 sentencing court must take into account the time in which
24 the victim was held in servitude, with increased penalties
25 for cases in which the victim was held for between 180 days
26 and one year, and increased penalties for cases in which
SB2323 Enrolled - 36 - LRB104 02939 RLC 19420 b
1 the victim was held for more than one year.
2 (2) Number of victims. In determining sentences within
3 statutory maximums, the sentencing court should take into
4 account the number of victims, and may provide for
5 substantially increased sentences in cases involving more
6 than 10 victims.
7 (3) Age of victim. In determining sentences, the
8 sentencing court shall take into account the age of the
9 victim or victims.
10 (g) Restitution. Restitution is mandatory under this
11 Section. In addition to any other amount of loss identified,
12 the court shall order restitution including the greater of (1)
13 the gross income or value to the defendant of the victim's
14 labor or services or (2) the value of the victim's labor as
15 guaranteed under the Minimum Wage Law and overtime provisions
16 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
17 whichever is greater.
18 (g-5) Fine distribution. If the court imposes a fine under
19 subsection (b), (c), or (d) of this Section, it shall be
20 collected and distributed to the Specialized Services for
21 Survivors of Human Trafficking Fund in accordance with Section
22 5-9-1.21 of the Unified Code of Corrections.
23 (h) Trafficking victim services. Subject to the
24 availability of funds, the Department of Human Services may
25 provide or fund emergency services and assistance to
26 individuals who are victims of one or more offenses defined in
SB2323 Enrolled - 37 - LRB104 02939 RLC 19420 b
1 this Section.
2 (i) Certification. The Attorney General, a State's
3 Attorney, or any law enforcement official shall certify in
4 writing to the United States Department of Justice or other
5 federal agency, such as the United States Department of
6 Homeland Security, that an investigation or prosecution under
7 this Section has begun and the individual who is a likely
8 victim of a crime described in this Section is willing to
9 cooperate or is cooperating with the investigation to enable
10 the individual, if eligible under federal law, to qualify for
11 an appropriate special immigrant visa and to access available
12 federal benefits. Cooperation with law enforcement shall not
13 be required of victims of a crime described in this Section who
14 are under 18 years of age. This certification shall be made
15 available to the victim and his or her designated legal
16 representative.
17 (j) A person who commits involuntary servitude,
18 involuntary sexual servitude of a minor, or trafficking in
19 persons under subsection (b), (c), or (d) of this Section is
20 subject to the property forfeiture provisions set forth in
21 Article 124B of the Code of Criminal Procedure of 1963.
22 (Source: P.A. 101-18, eff. 1-1-20.)
23 Section 50. The Code of Criminal Procedure of 1963 is
24 amended by changing Sections 106B-5 and 115-10 as follows:
SB2323 Enrolled - 38 - LRB104 02939 RLC 19420 b
1 (725 ILCS 5/106B-5)
2 Sec. 106B-5. Testimony by a victim who is a child or a
3 person with a moderate, severe, or profound intellectual
4 disability or a person affected by a developmental disability.
5 (a) In a proceeding in the prosecution of an offense of
6 criminal sexual assault, predatory criminal sexual assault of
7 a child, aggravated criminal sexual assault, criminal sexual
8 abuse, aggravated criminal sexual abuse, aggravated battery,
9 or aggravated domestic battery, trafficking in persons,
10 involuntary servitude, or involuntary sexual servitude of a
11 minor, a court may order that the testimony of a victim who is
12 a child under the age of 18 years or a person with a moderate,
13 severe, or profound intellectual disability or a person
14 affected by a developmental disability be taken outside the
15 courtroom and shown in the courtroom by means of a closed
16 circuit television if:
17 (1) the testimony is taken during the proceeding; and
18 (2) the judge determines that testimony by the child
19 victim or victim with a moderate, severe, or profound
20 intellectual disability or victim affected by a
21 developmental disability in the courtroom will result in
22 the child or person with a moderate, severe, or profound
23 intellectual disability or person affected by a
24 developmental disability suffering serious emotional
25 distress such that the child or person with a moderate,
26 severe, or profound intellectual disability or person
SB2323 Enrolled - 39 - LRB104 02939 RLC 19420 b
1 affected by a developmental disability cannot reasonably
2 communicate or that the child or person with a moderate,
3 severe, or profound intellectual disability or person
4 affected by a developmental disability will suffer severe
5 emotional distress that is likely to cause the child or
6 person with a moderate, severe, or profound intellectual
7 disability or person affected by a developmental
8 disability to suffer severe adverse effects.
9 (b) Only the prosecuting attorney, the attorney for the
10 defendant, and the judge may question the child or person with
11 a moderate, severe, or profound intellectual disability or
12 person affected by a developmental disability.
13 (c) The operators of the closed circuit television shall
14 make every effort to be unobtrusive.
15 (d) Only the following persons may be in the room with the
16 child or person with a moderate, severe, or profound
17 intellectual disability or person affected by a developmental
18 disability when the child or person with a moderate, severe,
19 or profound intellectual disability or person affected by a
20 developmental disability testifies by closed circuit
21 television:
22 (1) the prosecuting attorney;
23 (2) the attorney for the defendant;
24 (3) the judge;
25 (4) the operators of the closed circuit television
26 equipment; and
SB2323 Enrolled - 40 - LRB104 02939 RLC 19420 b
1 (5) any person or persons whose presence, in the
2 opinion of the court, contributes to the well-being of the
3 child or person with a moderate, severe, or profound
4 intellectual disability or person affected by a
5 developmental disability, including a person who has dealt
6 with the child in a therapeutic setting concerning the
7 abuse, a parent or guardian of the child or person with a
8 moderate, severe, or profound intellectual disability or
9 person affected by a developmental disability, and court
10 security personnel.
11 (e) During the child's or person with a moderate, severe,
12 or profound intellectual disability or person affected by a
13 developmental disability's testimony by closed circuit
14 television, the defendant shall be in the courtroom and shall
15 not communicate with the jury if the cause is being heard
16 before a jury.
17 (f) The defendant shall be allowed to communicate with the
18 persons in the room where the child or person with a moderate,
19 severe, or profound intellectual disability or person affected
20 by a developmental disability is testifying by any appropriate
21 electronic method.
22 (f-5) There is a rebuttable presumption that the testimony
23 of a victim who is a child under 13 years of age shall testify
24 outside the courtroom and the child's testimony shall be shown
25 in the courtroom by means of a closed circuit television. This
26 presumption may be overcome if the defendant can prove by
SB2323 Enrolled - 41 - LRB104 02939 RLC 19420 b
1 clear and convincing evidence that the child victim will not
2 suffer severe emotional distress.
3 (f-6) Before the court permits the testimony of a victim
4 outside the courtroom that is to be shown in the courtroom by
5 means of a closed circuit television, the court must make a
6 finding that the testimony by means of closed circuit
7 television does not prejudice the defendant.
8 (g) The provisions of this Section do not apply if the
9 defendant represents himself pro se.
10 (h) This Section may not be interpreted to preclude, for
11 purposes of identification of a defendant, the presence of
12 both the victim and the defendant in the courtroom at the same
13 time.
14 (i) This Section applies to prosecutions pending on or
15 commenced on or after the effective date of this amendatory
16 Act of 1994.
17 (j) For the purposes of this Section, "developmental
18 disability" includes, but is not limited to, cerebral palsy,
19 epilepsy, and autism.
20 (Source: P.A. 103-164, eff. 1-1-24.)
21 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
22 Sec. 115-10. Certain hearsay exceptions.
23 (a) In a prosecution for a physical or sexual act
24 perpetrated upon or against a child under the age of 13, a
25 person with an intellectual disability, a person with a
SB2323 Enrolled - 42 - LRB104 02939 RLC 19420 b
1 cognitive impairment, or a person with a developmental
2 disability, including, but not limited to, prosecutions for
3 violations of Sections 11-1.20 through 11-1.60 or 12-13
4 through 12-16 of the Criminal Code of 1961 or the Criminal Code
5 of 2012 and prosecutions for violations of Sections 10-1
6 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful
7 restraint), 10-3.1 (aggravated unlawful restraint), 10-4
8 (forcible detention), 10-5 (child abduction), 10-6 (harboring
9 a runaway), 10-7 (aiding or abetting child abduction), 10-9
10 (trafficking in persons, involuntary servitude, and related
11 offenses), 11-9 (public indecency), 11-11 (sexual relations
12 within families), 11-21 (harmful material), 12-1 (assault),
13 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic
14 battery), 12-3.3 (aggravated domestic battery), 12-3.05 or
15 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2
16 (aggravated battery with a firearm), 12-4.3 (aggravated
17 battery of a child), 12-4.7 (drug induced infliction of great
18 bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
19 12-6.1 or 12-6.5 (compelling organization membership of
20 persons), 12-7.1 (hate crime), 12-7.3 (stalking), 12-7.4
21 (aggravated stalking), 12-10 or 12C-35 (tattooing the body of
22 a minor), 12-11 or 19-6 (home invasion), 12-21.5 or 12C-10
23 (child abandonment), 12-21.6 or 12C-5 (endangering the life or
24 health of a child) or 12-32 (ritual mutilation) of the
25 Criminal Code of 1961 or the Criminal Code of 2012 or any sex
26 offense as defined in subsection (B) of Section 2 of the Sex
SB2323 Enrolled - 43 - LRB104 02939 RLC 19420 b
1 Offender Registration Act, the following evidence shall be
2 admitted as an exception to the hearsay rule:
3 (1) testimony by the victim of an out of court
4 statement made by the victim that he or she complained of
5 such act to another; and
6 (2) testimony of an out of court statement made by the
7 victim describing any complaint of such act or matter or
8 detail pertaining to any act which is an element of an
9 offense which is the subject of a prosecution for a sexual
10 or physical act against that victim.
11 (b) Such testimony shall only be admitted if:
12 (1) The court finds in a hearing conducted outside the
13 presence of the jury that the time, content, and
14 circumstances of the statement provide sufficient
15 safeguards of reliability; and
16 (2) The child or person with an intellectual
17 disability, a cognitive impairment, or developmental
18 disability either:
19 (A) testifies at the proceeding; or
20 (B) is unavailable as a witness and there is
21 corroborative evidence of the act which is the subject
22 of the statement; and
23 (3) In a case involving an offense perpetrated against
24 a child under the age of 13, the out of court statement was
25 made before the victim attained 13 years of age or within 3
26 months after the commission of the offense, whichever
SB2323 Enrolled - 44 - LRB104 02939 RLC 19420 b
1 occurs later, but the statement may be admitted regardless
2 of the age of the victim at the time of the proceeding.
3 (c) If a statement is admitted pursuant to this Section,
4 the court shall instruct the jury that it is for the jury to
5 determine the weight and credibility to be given the statement
6 and that, in making the determination, it shall consider the
7 age and maturity of the child, or the intellectual
8 capabilities of the person with an intellectual disability, a
9 cognitive impairment, or developmental disability, the nature
10 of the statement, the circumstances under which the statement
11 was made, and any other relevant factor.
12 (d) The proponent of the statement shall give the adverse
13 party reasonable notice of his intention to offer the
14 statement and the particulars of the statement.
15 (e) Statements described in paragraphs (1) and (2) of
16 subsection (a) shall not be excluded on the basis that they
17 were obtained as a result of interviews conducted pursuant to
18 a protocol adopted by a Child Advocacy Advisory Board as set
19 forth in subsections (c), (d), and (e) of Section 3 of the
20 Children's Advocacy Center Act or that an interviewer or
21 witness to the interview was or is an employee, agent, or
22 investigator of a State's Attorney's office.
23 (f) For the purposes of this Section:
24 "Person with a cognitive impairment" means a person with a
25 significant impairment of cognition or memory that represents
26 a marked deterioration from a previous level of function.
SB2323 Enrolled - 45 - LRB104 02939 RLC 19420 b
1 Cognitive impairment includes, but is not limited to,
2 dementia, amnesia, delirium, or a traumatic brain injury.
3 "Person with a developmental disability" means a person
4 with a disability that is attributable to (1) an intellectual
5 disability, cerebral palsy, epilepsy, or autism, or (2) any
6 other condition that results in an impairment similar to that
7 caused by an intellectual disability and requires services
8 similar to those required by a person with an intellectual
9 disability.
10 "Person with an intellectual disability" means a person
11 with significantly subaverage general intellectual functioning
12 which exists concurrently with an impairment in adaptive
13 behavior.
14 (Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;
15 100-201, eff. 8-18-17.)
16 Section 55. The Sexual Assault Incident Procedure Act is
17 amended by changing Section 10 as follows:
18 (725 ILCS 203/10)
19 Sec. 10. Definitions. In this Act:
20 "Board" means the Illinois Law Enforcement Training
21 Standards Board.
22 "Evidence-based, trauma-informed, victim-centered" means
23 policies, procedures, programs, and practices that have been
24 demonstrated to minimize retraumatization associated with the
SB2323 Enrolled - 46 - LRB104 02939 RLC 19420 b
1 criminal justice process by recognizing the presence of trauma
2 symptoms and acknowledging the role that trauma has played in
3 a sexual assault or sexual abuse victim's life and focusing on
4 the needs and concerns of a victim that ensures compassionate
5 and sensitive delivery of services in a nonjudgmental manner.
6 "Human trafficking" means a violation or attempted
7 violation of Section 10-9 of the Criminal Code of 2012. "Human
8 trafficking" includes trafficking of children and adults for
9 both labor and sex services.
10 "Law enforcement agency having jurisdiction" means the law
11 enforcement agency in the jurisdiction where an alleged sexual
12 assault or sexual abuse occurred.
13 "Sexual assault evidence" means evidence collected in
14 connection with a sexual assault or sexual abuse
15 investigation, including, but not limited to, evidence
16 collected using the Illinois State Police Sexual Assault
17 Evidence Collection Kit as defined in Section 1a of the Sexual
18 Assault Survivors Emergency Treatment Act.
19 "Sexual assault or sexual abuse" means an act of
20 nonconsensual sexual conduct or sexual penetration, as defined
21 in Section 12-12 of the Criminal Code of 1961 or Section 11-0.1
22 of the Criminal Code of 2012, including, without limitation,
23 acts prohibited under Sections 12-13 through 12-16 of the
24 Criminal Code of 1961 or Sections 11-1.20 through 11-1.60 of
25 the Criminal Code of 2012.
26 (Source: P.A. 99-801, eff. 1-1-17.)
SB2323 Enrolled - 47 - LRB104 02939 RLC 19420 b
1 Section 60. The State's Attorneys Appellate Prosecutor's
2 Act is amended by adding Section 4.13 as follows:
3 (725 ILCS 210/4.13 new)
4 Sec. 4.13. Prosecutorial support for State's Attorneys
5 prosecuting human traffickers.
6 (a) The Office shall provide prosecutorial support for
7 State's Attorneys prosecuting human traffickers. Working with
8 national and State subject matter experts, the Office shall
9 develop and provide training for State's Attorneys in
10 victim-centered, trauma-informed prosecution of human
11 trafficking cases.
12 (b) Training for prosecutors shall include, but not be
13 limited to the following:
14 (1) definitions;
15 (2) sex trafficking and labor trafficking;
16 (3) state human trafficking laws;
17 (4) federal human trafficking laws;
18 (5) elements of a trauma-informed, victim-centered
19 response and understanding the impacts of trauma on victim
20 response;
21 (6) identifying human trafficking victims;
22 (7) victim recruitment;
23 (8) human trafficking myths and misconceptions;
24 (9) human trafficking investigations and gang
SB2323 Enrolled - 48 - LRB104 02939 RLC 19420 b
1 involvement in human trafficking;
2 (10) protocols for responding to minor and youth
3 victims of human trafficking;
4 (11) working with human trafficking victims and the
5 prosecutor-victim relationship;
6 (12) role of survivor advocates and human trafficking
7 treatment providers;
8 (13) risk assessment and safety planning;
9 (14) victim interviews;
10 (15) evidence collection and virtual case
11 investigation;
12 (16) charging, arraignment, and evidentiary hearings,
13 assessing culpability, and forced criminality;
14 (17) trial issues and strategies;
15 (18) dealing with witness intimidation;
16 (19) working with multi-disciplinary teams and federal
17 agencies;
18 (20) language barriers and use of interpreters;
19 (21) victims' rights;
20 (22) considerations for specific populations or
21 communities; and
22 (23) special needs and tools for victims who are
23 foreign nationals.
24 (c) In this Act, "human trafficking" means a violation or
25 attempted violation of Section 10-9 of the Criminal Code of
26 2012. "Human trafficking" includes trafficking of children and
SB2323 Enrolled - 49 - LRB104 02939 RLC 19420 b
1 adults for both labor and sex services.
2 Section 65. The Unified Code of Corrections is amended by
3 changing Sections 3-2-2 and 3-2.5-15 as follows:
4 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
5 Sec. 3-2-2. Powers and duties of the Department.
6 (1) In addition to the powers, duties, and
7 responsibilities which are otherwise provided by law, the
8 Department shall have the following powers:
9 (a) To accept persons committed to it by the courts of
10 this State for care, custody, treatment, and
11 rehabilitation, and to accept federal prisoners and
12 noncitizens over whom the Office of the Federal Detention
13 Trustee is authorized to exercise the federal detention
14 function for limited purposes and periods of time.
15 (b) To develop and maintain reception and evaluation
16 units for purposes of analyzing the custody and
17 rehabilitation needs of persons committed to it and to
18 assign such persons to institutions and programs under its
19 control or transfer them to other appropriate agencies. In
20 consultation with the Department of Alcoholism and
21 Substance Abuse (now the Department of Human Services),
22 the Department of Corrections shall develop a master plan
23 for the screening and evaluation of persons committed to
24 its custody who have alcohol or drug abuse problems, and
SB2323 Enrolled - 50 - LRB104 02939 RLC 19420 b
1 for making appropriate treatment available to such
2 persons; the Department shall report to the General
3 Assembly on such plan not later than April 1, 1987. The
4 maintenance and implementation of such plan shall be
5 contingent upon the availability of funds.
6 (b-1) To create and implement, on January 1, 2002, a
7 pilot program to establish the effectiveness of
8 pupillometer technology (the measurement of the pupil's
9 reaction to light) as an alternative to a urine test for
10 purposes of screening and evaluating persons committed to
11 its custody who have alcohol or drug problems. The pilot
12 program shall require the pupillometer technology to be
13 used in at least one Department of Corrections facility.
14 The Director may expand the pilot program to include an
15 additional facility or facilities as he or she deems
16 appropriate. A minimum of 4,000 tests shall be included in
17 the pilot program. The Department must report to the
18 General Assembly on the effectiveness of the program by
19 January 1, 2003.
20 (b-5) To develop, in consultation with the Illinois
21 State Police, a program for tracking and evaluating each
22 inmate from commitment through release for recording his
23 or her gang affiliations, activities, or ranks.
24 (c) To maintain and administer all State correctional
25 institutions and facilities under its control and to
26 establish new ones as needed. Pursuant to its power to
SB2323 Enrolled - 51 - LRB104 02939 RLC 19420 b
1 establish new institutions and facilities, the Department
2 may, with the written approval of the Governor, authorize
3 the Department of Central Management Services to enter
4 into an agreement of the type described in subsection (d)
5 of Section 405-300 of the Department of Central Management
6 Services Law. The Department shall designate those
7 institutions which shall constitute the State Penitentiary
8 System. The Department of Juvenile Justice shall maintain
9 and administer all State youth centers pursuant to
10 subsection (d) of Section 3-2.5-20.
11 Pursuant to its power to establish new institutions
12 and facilities, the Department may authorize the
13 Department of Central Management Services to accept bids
14 from counties and municipalities for the construction,
15 remodeling, or conversion of a structure to be leased to
16 the Department of Corrections for the purposes of its
17 serving as a correctional institution or facility. Such
18 construction, remodeling, or conversion may be financed
19 with revenue bonds issued pursuant to the Industrial
20 Building Revenue Bond Act by the municipality or county.
21 The lease specified in a bid shall be for a term of not
22 less than the time needed to retire any revenue bonds used
23 to finance the project, but not to exceed 40 years. The
24 lease may grant to the State the option to purchase the
25 structure outright.
26 Upon receipt of the bids, the Department may certify
SB2323 Enrolled - 52 - LRB104 02939 RLC 19420 b
1 one or more of the bids and shall submit any such bids to
2 the General Assembly for approval. Upon approval of a bid
3 by a constitutional majority of both houses of the General
4 Assembly, pursuant to joint resolution, the Department of
5 Central Management Services may enter into an agreement
6 with the county or municipality pursuant to such bid.
7 (c-5) To build and maintain regional juvenile
8 detention centers and to charge a per diem to the counties
9 as established by the Department to defray the costs of
10 housing each minor in a center. In this subsection (c-5),
11 "juvenile detention center" means a facility to house
12 minors during pendency of trial who have been transferred
13 from proceedings under the Juvenile Court Act of 1987 to
14 prosecutions under the criminal laws of this State in
15 accordance with Section 5-805 of the Juvenile Court Act of
16 1987, whether the transfer was by operation of law or
17 permissive under that Section. The Department shall
18 designate the counties to be served by each regional
19 juvenile detention center.
20 (d) To develop and maintain programs of control,
21 rehabilitation, and employment of committed persons within
22 its institutions.
23 (d-5) To provide a pre-release job preparation program
24 for inmates at Illinois adult correctional centers.
25 (d-10) To provide educational and visitation
26 opportunities to committed persons within its institutions
SB2323 Enrolled - 53 - LRB104 02939 RLC 19420 b
1 through temporary access to content-controlled tablets
2 that may be provided as a privilege to committed persons
3 to induce or reward compliance.
4 (e) To establish a system of supervision and guidance
5 of committed persons in the community.
6 (f) To establish in cooperation with the Department of
7 Transportation to supply a sufficient number of prisoners
8 for use by the Department of Transportation to clean up
9 the trash and garbage along State, county, township, or
10 municipal highways as designated by the Department of
11 Transportation. The Department of Corrections, at the
12 request of the Department of Transportation, shall furnish
13 such prisoners at least annually for a period to be agreed
14 upon between the Director of Corrections and the Secretary
15 of Transportation. The prisoners used on this program
16 shall be selected by the Director of Corrections on
17 whatever basis he deems proper in consideration of their
18 term, behavior and earned eligibility to participate in
19 such program - where they will be outside of the prison
20 facility but still in the custody of the Department of
21 Corrections. Prisoners convicted of first degree murder,
22 or a Class X felony, or armed violence, or aggravated
23 kidnapping, or criminal sexual assault, aggravated
24 criminal sexual abuse or a subsequent conviction for
25 criminal sexual abuse, or forcible detention, or arson, or
26 a prisoner adjudged a Habitual Criminal shall not be
SB2323 Enrolled - 54 - LRB104 02939 RLC 19420 b
1 eligible for selection to participate in such program. The
2 prisoners shall remain as prisoners in the custody of the
3 Department of Corrections and such Department shall
4 furnish whatever security is necessary. The Department of
5 Transportation shall furnish trucks and equipment for the
6 highway cleanup program and personnel to supervise and
7 direct the program. Neither the Department of Corrections
8 nor the Department of Transportation shall replace any
9 regular employee with a prisoner.
10 (g) To maintain records of persons committed to it and
11 to establish programs of research, statistics, and
12 planning.
13 (h) To investigate the grievances of any person
14 committed to the Department and to inquire into any
15 alleged misconduct by employees or committed persons; and
16 for these purposes it may issue subpoenas and compel the
17 attendance of witnesses and the production of writings and
18 papers, and may examine under oath any witnesses who may
19 appear before it; to also investigate alleged violations
20 of a parolee's or releasee's conditions of parole or
21 release; and for this purpose it may issue subpoenas and
22 compel the attendance of witnesses and the production of
23 documents only if there is reason to believe that such
24 procedures would provide evidence that such violations
25 have occurred.
26 If any person fails to obey a subpoena issued under
SB2323 Enrolled - 55 - LRB104 02939 RLC 19420 b
1 this subsection, the Director may apply to any circuit
2 court to secure compliance with the subpoena. The failure
3 to comply with the order of the court issued in response
4 thereto shall be punishable as contempt of court.
5 (i) To appoint and remove the chief administrative
6 officers, and administer programs of training and
7 development of personnel of the Department. Personnel
8 assigned by the Department to be responsible for the
9 custody and control of committed persons or to investigate
10 the alleged misconduct of committed persons or employees
11 or alleged violations of a parolee's or releasee's
12 conditions of parole shall be conservators of the peace
13 for those purposes, and shall have the full power of peace
14 officers outside of the facilities of the Department in
15 the protection, arrest, retaking, and reconfining of
16 committed persons or where the exercise of such power is
17 necessary to the investigation of such misconduct or
18 violations. This subsection shall not apply to persons
19 committed to the Department of Juvenile Justice under the
20 Juvenile Court Act of 1987 on aftercare release.
21 (j) To cooperate with other departments and agencies
22 and with local communities for the development of
23 standards and programs for better correctional services in
24 this State.
25 (k) To administer all moneys and properties of the
26 Department.
SB2323 Enrolled - 56 - LRB104 02939 RLC 19420 b
1 (l) To report annually to the Governor on the
2 committed persons, institutions, and programs of the
3 Department.
4 (l-5) (Blank).
5 (m) To make all rules and regulations and exercise all
6 powers and duties vested by law in the Department.
7 (n) To establish rules and regulations for
8 administering a system of sentence credits, established in
9 accordance with Section 3-6-3, subject to review by the
10 Prisoner Review Board.
11 (o) To administer the distribution of funds from the
12 State Treasury to reimburse counties where State penal
13 institutions are located for the payment of assistant
14 state's attorneys' salaries under Section 4-2001 of the
15 Counties Code.
16 (p) To exchange information with the Department of
17 Human Services and the Department of Healthcare and Family
18 Services for the purpose of verifying living arrangements
19 and for other purposes directly connected with the
20 administration of this Code and the Illinois Public Aid
21 Code.
22 (q) To establish a diversion program.
23 The program shall provide a structured environment for
24 selected technical parole or mandatory supervised release
25 violators and committed persons who have violated the
26 rules governing their conduct while in work release. This
SB2323 Enrolled - 57 - LRB104 02939 RLC 19420 b
1 program shall not apply to those persons who have
2 committed a new offense while serving on parole or
3 mandatory supervised release or while committed to work
4 release.
5 Elements of the program shall include, but shall not
6 be limited to, the following:
7 (1) The staff of a diversion facility shall
8 provide supervision in accordance with required
9 objectives set by the facility.
10 (2) Participants shall be required to maintain
11 employment.
12 (3) Each participant shall pay for room and board
13 at the facility on a sliding-scale basis according to
14 the participant's income.
15 (4) Each participant shall:
16 (A) provide restitution to victims in
17 accordance with any court order;
18 (B) provide financial support to his
19 dependents; and
20 (C) make appropriate payments toward any other
21 court-ordered obligations.
22 (5) Each participant shall complete community
23 service in addition to employment.
24 (6) Participants shall take part in such
25 counseling, educational, and other programs as the
26 Department may deem appropriate.
SB2323 Enrolled - 58 - LRB104 02939 RLC 19420 b
1 (7) Participants shall submit to drug and alcohol
2 screening.
3 (8) The Department shall promulgate rules
4 governing the administration of the program.
5 (r) To enter into intergovernmental cooperation
6 agreements under which persons in the custody of the
7 Department may participate in a county impact
8 incarceration program established under Section 3-6038 or
9 3-15003.5 of the Counties Code.
10 (r-5) (Blank).
11 (r-10) To systematically and routinely identify with
12 respect to each streetgang active within the correctional
13 system: (1) each active gang; (2) every existing
14 inter-gang affiliation or alliance; and (3) the current
15 leaders in each gang. The Department shall promptly
16 segregate leaders from inmates who belong to their gangs
17 and allied gangs. "Segregate" means no physical contact
18 and, to the extent possible under the conditions and space
19 available at the correctional facility, prohibition of
20 visual and sound communication. For the purposes of this
21 paragraph (r-10), "leaders" means persons who:
22 (i) are members of a criminal streetgang;
23 (ii) with respect to other individuals within the
24 streetgang, occupy a position of organizer,
25 supervisor, or other position of management or
26 leadership; and
SB2323 Enrolled - 59 - LRB104 02939 RLC 19420 b
1 (iii) are actively and personally engaged in
2 directing, ordering, authorizing, or requesting
3 commission of criminal acts by others, which are
4 punishable as a felony, in furtherance of streetgang
5 related activity both within and outside of the
6 Department of Corrections.
7 "Streetgang", "gang", and "streetgang related" have the
8 meanings ascribed to them in Section 10 of the Illinois
9 Streetgang Terrorism Omnibus Prevention Act.
10 (s) To operate a super-maximum security institution,
11 in order to manage and supervise inmates who are
12 disruptive or dangerous and provide for the safety and
13 security of the staff and the other inmates.
14 (t) To monitor any unprivileged conversation or any
15 unprivileged communication, whether in person or by mail,
16 telephone, or other means, between an inmate who, before
17 commitment to the Department, was a member of an organized
18 gang and any other person without the need to show cause or
19 satisfy any other requirement of law before beginning the
20 monitoring, except as constitutionally required. The
21 monitoring may be by video, voice, or other method of
22 recording or by any other means. As used in this
23 subdivision (1)(t), "organized gang" has the meaning
24 ascribed to it in Section 10 of the Illinois Streetgang
25 Terrorism Omnibus Prevention Act.
26 As used in this subdivision (1)(t), "unprivileged
SB2323 Enrolled - 60 - LRB104 02939 RLC 19420 b
1 conversation" or "unprivileged communication" means a
2 conversation or communication that is not protected by any
3 privilege recognized by law or by decision, rule, or order
4 of the Illinois Supreme Court.
5 (u) To establish a Women's and Children's Pre-release
6 Community Supervision Program for the purpose of providing
7 housing and services to eligible female inmates, as
8 determined by the Department, and their newborn and young
9 children.
10 (u-5) To issue an order, whenever a person committed
11 to the Department absconds or absents himself or herself,
12 without authority to do so, from any facility or program
13 to which he or she is assigned. The order shall be
14 certified by the Director, the Supervisor of the
15 Apprehension Unit, or any person duly designated by the
16 Director, with the seal of the Department affixed. The
17 order shall be directed to all sheriffs, coroners, and
18 police officers, or to any particular person named in the
19 order. Any order issued pursuant to this subdivision
20 (1)(u-5) shall be sufficient warrant for the officer or
21 person named in the order to arrest and deliver the
22 committed person to the proper correctional officials and
23 shall be executed the same as criminal process.
24 (u-6) To appoint a point of contact person who shall
25 receive suggestions, complaints, or other requests to the
26 Department from visitors to Department institutions or
SB2323 Enrolled - 61 - LRB104 02939 RLC 19420 b
1 facilities and from other members of the public.
2 (u-7) To collaborate with the Department of Human
3 Services and other State agencies to develop and implement
4 screening and follow-up protocols for intake and reentry
5 personnel and contractors on identification and response
6 to Department-involved individuals who demonstrate
7 indications of past labor or sex trafficking
8 victimization, criminal sexual exploitation or a history
9 of involvement in the sex trade that may put them at risk
10 of human trafficking. Protocols should include assessment
11 and provision of pre-release and post-release housing,
12 legal, medical, mental health and substance-use disorder
13 treatment services and recognize the specialized needs of
14 victims of human trafficking.
15 (u-8) To provide statewide training for Department of
16 Corrections intake and reentry personnel and contractors
17 on identification and response to Department-involved
18 individuals who demonstrate indications of past
19 trafficking victimization or child sexual exploitation
20 that put them at risk of human trafficking.
21 (u-9) To offer access to specialized services for
22 Department-involved individuals within the care that
23 demonstrate indications of past trafficking victimization
24 or child sexual exploitation that put them at risk of
25 trafficking. As used in this subsection, "specialized
26 services" means substance-use disorder, mental health,
SB2323 Enrolled - 62 - LRB104 02939 RLC 19420 b
1 medical, case-management, housing, and other support
2 services by Department employees or contractors who have
3 completed victim-centered, trauma-informed training
4 specifically designed to address the complex psychological
5 and or physical needs of victims of human trafficking,
6 sexual exploitation, or a history of involvement with the
7 sex trade.
8 (v) To do all other acts necessary to carry out the
9 provisions of this Chapter.
10 (2) The Department of Corrections shall by January 1,
11 1998, consider building and operating a correctional facility
12 within 100 miles of a county of over 2,000,000 inhabitants,
13 especially a facility designed to house juvenile participants
14 in the impact incarceration program.
15 (3) When the Department lets bids for contracts for
16 medical services to be provided to persons committed to
17 Department facilities by a health maintenance organization,
18 medical service corporation, or other health care provider,
19 the bid may only be let to a health care provider that has
20 obtained an irrevocable letter of credit or performance bond
21 issued by a company whose bonds have an investment grade or
22 higher rating by a bond rating organization.
23 (4) When the Department lets bids for contracts for food
24 or commissary services to be provided to Department
25 facilities, the bid may only be let to a food or commissary
26 services provider that has obtained an irrevocable letter of
SB2323 Enrolled - 63 - LRB104 02939 RLC 19420 b
1 credit or performance bond issued by a company whose bonds
2 have an investment grade or higher rating by a bond rating
3 organization.
4 (5) On and after the date 6 months after August 16, 2013
5 (the effective date of Public Act 98-488), as provided in the
6 Executive Order 1 (2012) Implementation Act, all of the
7 powers, duties, rights, and responsibilities related to State
8 healthcare purchasing under this Code that were transferred
9 from the Department of Corrections to the Department of
10 Healthcare and Family Services by Executive Order 3 (2005) are
11 transferred back to the Department of Corrections; however,
12 powers, duties, rights, and responsibilities related to State
13 healthcare purchasing under this Code that were exercised by
14 the Department of Corrections before the effective date of
15 Executive Order 3 (2005) but that pertain to individuals
16 resident in facilities operated by the Department of Juvenile
17 Justice are transferred to the Department of Juvenile Justice.
18 (6) The Department of Corrections shall provide lactation
19 or nursing mothers rooms for personnel of the Department. The
20 rooms shall be provided in each facility of the Department
21 that employs nursing mothers. Each individual lactation room
22 must:
23 (i) contain doors that lock;
24 (ii) have an "Occupied" sign for each door;
25 (iii) contain electrical outlets for plugging in
26 breast pumps;
SB2323 Enrolled - 64 - LRB104 02939 RLC 19420 b
1 (iv) have sufficient lighting and ventilation;
2 (v) contain comfortable chairs;
3 (vi) contain a countertop or table for all necessary
4 supplies for lactation;
5 (vii) contain a wastebasket and chemical cleaners to
6 wash one's hands and to clean the surfaces of the
7 countertop or table;
8 (viii) have a functional sink;
9 (ix) have a minimum of one refrigerator for storage of
10 the breast milk; and
11 (x) receive routine daily maintenance.
12 (Source: P.A. 102-350, eff. 8-13-21; 102-535, eff. 1-1-22;
13 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
14 5-27-22; 103-834, eff. 1-1-25.)
15 (730 ILCS 5/3-2.5-15)
16 Sec. 3-2.5-15. Department of Juvenile Justice; assumption
17 of duties of the Juvenile Division.
18 (a) The Department of Juvenile Justice shall assume the
19 rights, powers, duties, and responsibilities of the Juvenile
20 Division of the Department of Corrections. Personnel, books,
21 records, property, and unencumbered appropriations pertaining
22 to the Juvenile Division of the Department of Corrections
23 shall be transferred to the Department of Juvenile Justice on
24 the effective date of this amendatory Act of the 94th General
25 Assembly. Any rights of employees or the State under the
SB2323 Enrolled - 65 - LRB104 02939 RLC 19420 b
1 Personnel Code or any other contract or plan shall be
2 unaffected by this transfer.
3 (b) Department of Juvenile Justice personnel who are hired
4 by the Department on or after the effective date of this
5 amendatory Act of the 94th General Assembly and who
6 participate or assist in the rehabilitative and vocational
7 training of delinquent youths, supervise the daily activities
8 involving direct and continuing responsibility for the youth's
9 security, welfare and development, or participate in the
10 personal rehabilitation of delinquent youth by training,
11 supervising, and assisting lower level personnel who perform
12 these duties must: (1) be over the age of 21 and (2) have a
13 high school diploma or equivalent and either (A) a bachelor's
14 or advanced degree from an accredited college or university or
15 (B) 2 or more years of experience providing direct care to
16 youth in the form of residential care, coaching, case
17 management, or mentoring. This requirement shall not apply to
18 security, clerical, food service, and maintenance staff that
19 do not have direct and regular contact with youth. The degree
20 requirements specified in this subsection (b) are not required
21 of persons who provide vocational training and who have
22 adequate knowledge in the skill for which they are providing
23 the vocational training.
24 (c) Subsection (b) of this Section does not apply to
25 personnel transferred to the Department of Juvenile Justice on
26 the effective date of this amendatory Act of the 94th General
SB2323 Enrolled - 66 - LRB104 02939 RLC 19420 b
1 Assembly.
2 (d) The Department shall be under the direction of the
3 Director of Juvenile Justice as provided in this Code.
4 (e) The Director shall organize divisions within the
5 Department and shall assign functions, powers, duties, and
6 personnel as required by law. The Director may create other
7 divisions and may assign other functions, powers, duties, and
8 personnel as may be necessary or desirable to carry out the
9 functions and responsibilities vested by law in the
10 Department. The Director may, with the approval of the Office
11 of the Governor, assign to and share functions, powers,
12 duties, and personnel with other State agencies such that
13 administrative services and administrative facilities are
14 provided by a shared administrative service center. Where
15 possible, shared services which impact youth should be done
16 with child-serving agencies. These administrative services may
17 include, but are not limited to, all of the following
18 functions: budgeting, accounting related functions, auditing,
19 human resources, legal, procurement, training, data collection
20 and analysis, information technology, internal investigations,
21 intelligence, legislative services, emergency response
22 capability, statewide transportation services, and general
23 office support.
24 (f) The Department of Juvenile Justice may enter into
25 intergovernmental cooperation agreements under which minors
26 adjudicated delinquent and committed to the Department of
SB2323 Enrolled - 67 - LRB104 02939 RLC 19420 b
1 Juvenile Justice may participate in county juvenile impact
2 incarceration programs established under Section 3-6039 of the
3 Counties Code.
4 (g) The Department of Juvenile Justice must comply with
5 the ethnic and racial background data collection procedures
6 provided in Section 4.5 of the Criminal Identification Act.
7 (h) The Department of Juvenile Justice shall implement a
8 wellness program to support health and wellbeing among staff
9 and service providers within the Department of Juvenile
10 Justice environment. The Department of Juvenile Justice shall
11 establish response teams to provide support to employees and
12 staff affected by events that are both duty-related and not
13 duty-related and provide training to response team members.
14 The Department's wellness program shall be accessible to any
15 Department employee or service provider, including contractual
16 employees and approved volunteers. The wellness program may
17 include information sharing, education and activities designed
18 to support health and well-being within the Department's
19 environment. Access to wellness response team support shall be
20 voluntary and remain confidential.
21 (i) The Department of Juvenile Justice shall collaborate
22 with the Department of Human Services and other State agencies
23 to develop and implement screening and follow-up protocols for
24 intake and aftercare personnel on identification and response
25 to children and adolescents who show indications of being
26 victims of human trafficking or at risk of human trafficking.
SB2323 Enrolled - 68 - LRB104 02939 RLC 19420 b
1 Protocols should include assessment and provision of
2 pre-release and post-release housing, legal, medical, mental
3 health, and substance use disorder treatment services and
4 recognize the specialized needs of victims of human
5 trafficking and commercial sexual exploitation.
6 (j) The Department of Juvenile Justice shall require the
7 juvenile justice system to provide access to specialized
8 services for identified trafficked children and youth. In this
9 subsection, "specialized services" means substance-use
10 disorder, mental health, medical and other support services by
11 Department employees and contractors who have completed
12 victim-centered, trauma-informed training specifically
13 designed to address the complex psychological and physical
14 needs of victims of human trafficking, sexual exploitation,
15 and involvement in the sex trade.
16 (k) The Department of Juvenile Justice shall require
17 statewide training for juvenile justice agencies and their
18 direct service personnel on identification and response to
19 child trafficking.
20 (Source: P.A. 102-616, eff. 1-1-22; 103-290, eff. 7-28-23.)
21 Section 70. The Code of Civil Procedure is amended by
22 changing Section 13-202.2 as follows:
23 (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
24 Sec. 13-202.2. Childhood sexual abuse.
SB2323 Enrolled - 69 - LRB104 02939 RLC 19420 b
1 (a) In this Section:
2 "Childhood sexual abuse" means an act of sexual abuse that
3 occurs when the person abused is under 18 years of age.
4 "Sexual abuse" includes but is not limited to sexual
5 conduct and sexual penetration as defined in Section 11-0.1 of
6 the Criminal Code of 2012.
7 (b) Notwithstanding any other provision of law, an action
8 for damages for personal injury based on childhood sexual
9 abuse or a violation of Section 10-9 of the Criminal Code of
10 2012 in which the victim is a minor must be commenced within 20
11 years of the date the limitation period begins to run under
12 subsection (d) or within 20 years of the date the person abused
13 discovers or through the use of reasonable diligence should
14 discover both (i) that the act of childhood sexual abuse
15 occurred and (ii) that the injury was caused by the childhood
16 sexual abuse or a violation of Section 10-9 of the Criminal
17 Code of 2012 in which the victim is a minor. The fact that the
18 person abused discovers or through the use of reasonable
19 diligence should discover that the act of childhood sexual
20 abuse occurred is not, by itself, sufficient to start the
21 discovery period under this subsection (b). Knowledge of the
22 abuse does not constitute discovery of the injury or the
23 causal relationship between any later-discovered injury and
24 the abuse.
25 (c) If the injury is caused by 2 or more acts of childhood
26 sexual abuse or a violation of Section 10-9 of the Criminal
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1 Code of 2012 in which the victim is a minor that are part of a
2 continuing series of acts of childhood sexual abuse or a
3 violation of Section 10-9 of the Criminal Code of 2012 in which
4 the victim is a minor by the same abuser, then the discovery
5 period under subsection (b) shall be computed from the date
6 the person abused discovers or through the use of reasonable
7 diligence should discover both (i) that the last act of
8 childhood sexual abuse or a violation of Section 10-9 of the
9 Criminal Code of 2012 in which the victim is a minor in the
10 continuing series occurred and (ii) that the injury was caused
11 by any act of childhood sexual abuse or a violation of Section
12 10-9 of the Criminal Code of 2012 in which the victim is a
13 minor in the continuing series. The fact that the person
14 abused discovers or through the use of reasonable diligence
15 should discover that the last act of childhood sexual abuse in
16 the continuing series occurred is not, by itself, sufficient
17 to start the discovery period under subsection (b). Knowledge
18 of the abuse does not constitute discovery of the injury or the
19 causal relationship between any later-discovered injury and
20 the abuse.
21 (d) The limitation periods under subsection (b) do not
22 begin to run before the person abused attains the age of 18
23 years; and, if at the time the person abused attains the age of
24 18 years he or she is under other legal disability, the
25 limitation periods under subsection (b) do not begin to run
26 until the removal of the disability.
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1 (d-1) The limitation periods in subsection (b) do not run
2 during a time period when the person abused is subject to
3 threats, intimidation, manipulation, fraudulent concealment,
4 or fraud perpetrated by the abuser or by any person acting in
5 the interest of the abuser.
6 (e) This Section applies to actions pending on the
7 effective date of this amendatory Act of 1990 as well as to
8 actions commenced on or after that date. The changes made by
9 this amendatory Act of 1993 shall apply only to actions
10 commenced on or after the effective date of this amendatory
11 Act of 1993. The changes made by this amendatory Act of the
12 93rd General Assembly apply to actions pending on the
13 effective date of this amendatory Act of the 93rd General
14 Assembly as well as actions commenced on or after that date.
15 The changes made by this amendatory Act of the 96th General
16 Assembly apply to actions commenced on or after the effective
17 date of this amendatory Act of the 96th General Assembly if the
18 action would not have been time barred under any statute of
19 limitations or statute of repose prior to the effective date
20 of this amendatory Act of the 96th General Assembly.
21 (f) Notwithstanding any other provision of law, an action
22 for damages based on childhood sexual abuse or a violation of
23 Section 10-9 of the Criminal Code of 2012 in which the victim
24 is a minor may be commenced at any time; provided, however,
25 that the changes made by this amendatory Act of the 98th
26 General Assembly apply to actions commenced on or after the
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1 effective date of this amendatory Act of the 98th General
2 Assembly if the action would not have been time barred under
3 any statute of limitations or statute of repose prior to the
4 effective date of this amendatory Act of the 98th General
5 Assembly.
6 (Source: P.A. 101-435, eff. 8-20-19.)
7 Section 75. The Business Corporation Act of 1983 is
8 amended by changing Section 12.35 as follows:
9 (805 ILCS 5/12.35) (from Ch. 32, par. 12.35)
10 Sec. 12.35. Grounds for administrative dissolution. The
11 Secretary of State may dissolve any corporation
12 administratively if:
13 (a) It has failed to file its annual report or final
14 transition annual report and pay its franchise tax as required
15 by this Act before the first day of the anniversary month or,
16 in the case of a corporation which has established an extended
17 filing month, the extended filing month of the corporation of
18 the year in which such annual report becomes due and such
19 franchise tax becomes payable;
20 (b) it has failed to file in the office of the Secretary of
21 State any report after the expiration of the period prescribed
22 in this Act for filing such report;
23 (c) it has failed to pay any fees, franchise taxes, or
24 charges prescribed by this Act;
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1 (d) it has misrepresented any material matter in any
2 application, report, affidavit, or other document filed by the
3 corporation pursuant to this Act;
4 (e) it has failed to appoint and maintain a registered
5 agent in this State;
6 (f) it has tendered payment to the Secretary of State
7 which is returned due to insufficient funds, a closed account,
8 or for any other reason, and acceptable payment has not been
9 subsequently tendered;
10 (g) upon the failure of an officer or director to whom
11 interrogatories have been propounded by the Secretary of State
12 as provided in this Act, to answer the same fully and to file
13 such answer in the office of the Secretary of State; or
14 (h) if the answer to such interrogatories discloses, or if
15 the fact is otherwise ascertained, that the proportion of the
16 sum of the paid-in capital of such corporation represented in
17 this State is greater than the amount on which such
18 corporation has theretofore paid fees and franchise taxes, and
19 the deficiency therein is not paid; or .
20 (i) if the corporation or any of its incorporators or
21 directors are convicted of any violation of Section 10-9 of
22 the Criminal Code of 2012.
23 (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
24 Section 99. Effective date. This Act takes effect January
25 1, 2026, except that this Section and paragraph (1) of
26 subsection (b) of Sec. 1-90 of Section 10 take effect upon
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1 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 505/45.1 new
4 20 ILCS 1305/1-90 new
5 20 ILCS 1505/1505-225 new
6 20 ILCS 2605/2605-625 new
7 50 ILCS 705/2 from Ch. 85, par. 502
8 50 ILCS 705/10.21
9 50 ILCS 705/10.23
10 50 ILCS 705/10.27 new
11 30 ILCS 500/25-210 new
12 55 ILCS 80/4 from Ch. 23, par. 1804
13 705 ILCS 405/5-175 new
14 720 ILCS 5/10-9
15 725 ILCS 5/106B-5
16 725 ILCS 5/115-10 from Ch. 38, par. 115-10
17 725 ILCS 203/10
18 725 ILCS 210/4.13 new
19 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
20 730 ILCS 5/3-2.5-15
21 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
22 805 ILCS 5/12.35 from Ch. 32, par. 12.35Every fact on this page links to its source, starting with the official bill record.