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Illinois General Assembly· SB 2323Governor Approved

HUMAN TRAFFICKING-VICTIMS, the official text

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SB2323 Enrolled                     LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled              -3-  LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled  -4-  LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled         -5-         LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled  -6-  LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled             -7-       LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled  -8-  LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled  -9-           LRB104 02939 RLC 19420 b

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.
    SB2323 Enrolled              - 10 - LRB104 02939 RLC 19420 b

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.
    SB2323 Enrolled              - 11 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled  - 12 - LRB104 02939 RLC 19420 b

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.
    SB2323 Enrolled  - 13 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled   - 14 - LRB104 02939 RLC 19420 b

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:
    SB2323 Enrolled            - 15 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled          - 16 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled            - 17 - LRB104 02939 RLC 19420 b

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.
    SB2323 Enrolled         - 18 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled      - 19 - LRB104 02939 RLC 19420 b

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;
    SB2323 Enrolled             - 20 - LRB104 02939 RLC 19420 b

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.
    SB2323 Enrolled     - 21 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled      - 22 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled  - 70 - LRB104 02939 RLC 19420 b

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.
    SB2323 Enrolled            - 71 - LRB104 02939 RLC 19420 b

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
    SB2323 Enrolled      - 72 - LRB104 02939 RLC 19420 b

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;
    SB2323 Enrolled            - 73 - LRB104 02939 RLC 19420 b

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
         SB2323 Enrolled  - 74 - LRB104 02939 RLC 19420 b
1 becoming law.
   SB2323 Enrolled           - 75 - LRB104 02939 RLC 19420 b

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. 12.35
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