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| 1 |  |  AN ACT concerning criminal law.
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| 2 |  |  Be it enacted by the People of the State of Illinois,
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| 3 |  | represented in the General Assembly:
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| 4 |  |  Section 1. Short title. This Act may be cited as the  | 
| 5 |  | Lodging Services Human Trafficking Recognition Training Act.
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| 6 |  |  Section 5. Definitions. In this Act: | 
| 7 |  |  "Department" means the Department of Human Services. | 
| 8 |  |  "Employee" means a person employed by a lodging  | 
| 9 |  | establishment who has recurring interactions with the public,  | 
| 10 |  | including, but not limited to, an employee who works in a  | 
| 11 |  | reception area, performs housekeeping duties, helps customers  | 
| 12 |  | in moving their possessions, or transports by vehicle customers  | 
| 13 |  | of the lodging establishment. | 
| 14 |  |  "Human trafficking" means the deprivation or violation of  | 
| 15 |  | the personal liberty of another with the intent to obtain  | 
| 16 |  | forced labor or services, procure or sell the individual for  | 
| 17 |  | commercial sex, or exploit the individual in obscene matter.  | 
| 18 |  | Depriving or violating a person's liberty includes substantial  | 
| 19 |  | and sustained restriction of another's liberty accomplished  | 
| 20 |  | through fraud, deceit, coercion, violence, duress, menace, or  | 
| 21 |  | threat of unlawful injury to the victim or to another person,  | 
| 22 |  | under circumstances where the person receiving or apprehending  | 
| 23 |  | the threat reasonably believes that it is likely that the  | 
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| 1 |  | person making the threat would carry it out.
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| 2 |  |  "Lodging establishment" means an establishment classified  | 
| 3 |  | as a hotel or motel in the 2017 North American Industry  | 
| 4 |  | Classification System under code 721110, and an establishment  | 
| 5 |  | classified as a casino hotel in the 2017 North American  | 
| 6 |  | Industry Classification System under code 721120.
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| 7 |  |  Section 10. Human trafficking recognition training.  | 
| 8 |  | Beginning June 1, 2020, a lodging establishment shall provide  | 
| 9 |  | its employees with training in the recognition of human  | 
| 10 |  | trafficking and protocols for reporting observed human  | 
| 11 |  | trafficking to the appropriate authority. The employees must  | 
| 12 |  | complete the training within 6 months after beginning  | 
| 13 |  | employment in such role with the lodging establishment and  | 
| 14 |  | every 2 years thereafter, if still employed by the lodging  | 
| 15 |  | establishment. The training shall be at least 20 minutes in  | 
| 16 |  | duration.
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| 17 |  |  Section 15. Human trafficking recognition training  | 
| 18 |  | curriculum.  | 
| 19 |  |  (a) A lodging establishment may use its own human  | 
| 20 |  | trafficking training program or that of a third party and be in  | 
| 21 |  | full compliance with this Act if the human trafficking training  | 
| 22 |  | program includes, at a minimum, all of the following:  | 
| 23 |  |   (1) a definition of human trafficking and commercial  | 
| 24 |  |  exploitation of children; | 
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| 1 |  |   (2) guidance on how to identify individuals who are  | 
| 2 |  |  most at risk for human trafficking; | 
| 3 |  |   (3) the difference between human trafficking for  | 
| 4 |  |  purposes of labor and for purposes of sex as the  | 
| 5 |  |  trafficking relates to lodging establishments; and | 
| 6 |  |   (4) guidance on the role of lodging establishment  | 
| 7 |  |  employees in reporting and responding to instances of human  | 
| 8 |  |  trafficking. | 
| 9 |  |  (b) The Department shall develop a curriculum for an  | 
| 10 |  | approved human trafficking training recognition program which  | 
| 11 |  | shall be used by a lodging establishment that does not  | 
| 12 |  | administer its own human trafficking recognition program as  | 
| 13 |  | described in subsection (a). The human trafficking training  | 
| 14 |  | recognition program developed by the Department shall include,  | 
| 15 |  | at a minimum, all of the following:  | 
| 16 |  |   (1) a definition of human trafficking and commercial  | 
| 17 |  |  exploitation of children; | 
| 18 |  |   (2) guidance on how to identify individuals who are  | 
| 19 |  |  most at risk for human trafficking; | 
| 20 |  |   (3) the difference between human trafficking for  | 
| 21 |  |  purposes of labor and for purposes of sex as the  | 
| 22 |  |  trafficking relates to lodging establishments; and | 
| 23 |  |   (4) guidance on the role of lodging establishment  | 
| 24 |  |  employees in reporting and responding to instances of human  | 
| 25 |  |  trafficking. | 
| 26 |  |  The Department may consult the United States Department of  | 
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| 1 |  | Justice for the human trafficking recognition training program  | 
| 2 |  | developed under this subsection. | 
| 3 |  |  The Department shall develop and publish the human  | 
| 4 |  | trafficking recognition training program described in this  | 
| 5 |  | subsection no later than July 1, 2020.
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| 6 |  |  Section 100. The Department of State Police Law of the
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| 7 |  | Civil Administrative Code of Illinois is amended by adding  | 
| 8 |  | Section 2605-99 as follows:
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| 9 |  |  (20 ILCS 2605/2605-99 new) | 
| 10 |  |  Sec. 2605-99. Training; human trafficking. The Director  | 
| 11 |  | shall conduct or approve a training program in the detection  | 
| 12 |  | and investigation of all forms of human trafficking, including,  | 
| 13 |  | but not limited to "involuntary servitude" under subsection (b)  | 
| 14 |  | of Section 10-9 of the Criminal Code of 2012, "involuntary  | 
| 15 |  | sexual servitude of a minor" under subsection (c) of Section  | 
| 16 |  | 10-9 of the Criminal Code of 2012, and "trafficking in persons"  | 
| 17 |  | under subsection (d) of Section 10-9 of the Criminal Code of  | 
| 18 |  | 2012. This program shall be made available to all cadets and  | 
| 19 |  | state police officers.
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| 20 |  |  Section 105. The Illinois Police Training Act is amended by  | 
| 21 |  | changing Section 7 and by adding Section 10.23 as follows:
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| 22 |  |  (50 ILCS 705/7) (from Ch. 85, par. 507)
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| 1 |  |  Sec. 7. Rules and standards for schools. The Board shall  | 
| 2 |  | adopt rules and
minimum standards for such schools which shall  | 
| 3 |  | include, but not be limited to,
the following:
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| 4 |  |   a. The curriculum for probationary police officers  | 
| 5 |  |  which shall be
offered by all certified schools shall  | 
| 6 |  |  include, but not be limited to,
courses of procedural  | 
| 7 |  |  justice, arrest and use and control tactics, search and  | 
| 8 |  |  seizure, including temporary questioning, civil rights,  | 
| 9 |  |  human rights, human relations,
cultural competency,  | 
| 10 |  |  including implicit bias and racial and ethnic sensitivity,
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| 11 |  |  criminal law, law of criminal procedure, constitutional  | 
| 12 |  |  and proper use of law enforcement authority, vehicle and  | 
| 13 |  |  traffic law including
uniform and non-discriminatory  | 
| 14 |  |  enforcement of the Illinois Vehicle Code,
traffic control  | 
| 15 |  |  and accident investigation, techniques of obtaining
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| 16 |  |  physical evidence, court testimonies, statements, reports,  | 
| 17 |  |  firearms
training, training in the use of electronic  | 
| 18 |  |  control devices, including the psychological and  | 
| 19 |  |  physiological effects of the use of those devices on  | 
| 20 |  |  humans, first-aid (including cardiopulmonary  | 
| 21 |  |  resuscitation), training in the administration of opioid  | 
| 22 |  |  antagonists as defined in paragraph (1) of subsection (e)  | 
| 23 |  |  of Section 5-23 of the Substance Use Disorder Act, handling  | 
| 24 |  |  of
juvenile offenders, recognition of
mental conditions  | 
| 25 |  |  and crises, including, but not limited to, the disease of  | 
| 26 |  |  addiction, which require immediate assistance and response  | 
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| 1 |  |  and methods to
safeguard and provide assistance to a person  | 
| 2 |  |  in need of mental
treatment, recognition of abuse, neglect,  | 
| 3 |  |  financial exploitation, and self-neglect of adults with  | 
| 4 |  |  disabilities and older adults, as defined in Section 2 of  | 
| 5 |  |  the Adult Protective Services Act, crimes against the  | 
| 6 |  |  elderly, law of evidence, the hazards of high-speed police  | 
| 7 |  |  vehicle
chases with an emphasis on alternatives to the  | 
| 8 |  |  high-speed chase, and
physical training. The curriculum  | 
| 9 |  |  shall include specific training in
techniques for  | 
| 10 |  |  immediate response to and investigation of cases of  | 
| 11 |  |  domestic
violence and of sexual assault of adults and  | 
| 12 |  |  children, including cultural perceptions and common myths  | 
| 13 |  |  of sexual assault and sexual abuse as well as interview  | 
| 14 |  |  techniques that are age sensitive and are trauma informed,  | 
| 15 |  |  victim centered, and victim sensitive. The curriculum  | 
| 16 |  |  shall include
training in techniques designed to promote  | 
| 17 |  |  effective
communication at the initial contact with crime  | 
| 18 |  |  victims and ways to comprehensively
explain to victims and  | 
| 19 |  |  witnesses their rights under the Rights
of Crime Victims  | 
| 20 |  |  and Witnesses Act and the Crime
Victims Compensation Act.  | 
| 21 |  |  The curriculum shall also include training in effective  | 
| 22 |  |  recognition of and responses to stress, trauma, and  | 
| 23 |  |  post-traumatic stress experienced by police officers. The  | 
| 24 |  |  curriculum shall also include a block of instruction aimed  | 
| 25 |  |  at identifying and interacting with persons with autism and  | 
| 26 |  |  other developmental or physical disabilities, reducing  | 
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| 1 |  |  barriers to reporting crimes against persons with autism,  | 
| 2 |  |  and addressing the unique challenges presented by cases  | 
| 3 |  |  involving victims or witnesses with autism and other  | 
| 4 |  |  developmental disabilities. The curriculum shall include  | 
| 5 |  |  training in the detection and investigation of all forms of  | 
| 6 |  |  human trafficking. The curriculum for
permanent police  | 
| 7 |  |  officers shall include, but not be limited to: (1)  | 
| 8 |  |  refresher
and in-service training in any of the courses  | 
| 9 |  |  listed above in this
subparagraph, (2) advanced courses in  | 
| 10 |  |  any of the subjects listed above in
this subparagraph, (3)  | 
| 11 |  |  training for supervisory personnel, and (4)
specialized  | 
| 12 |  |  training in subjects and fields to be selected by the  | 
| 13 |  |  board. The training in the use of electronic control  | 
| 14 |  |  devices shall be conducted for probationary police  | 
| 15 |  |  officers, including University police officers.
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| 16 |  |   b. Minimum courses of study, attendance requirements  | 
| 17 |  |  and equipment
requirements.
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| 18 |  |   c. Minimum requirements for instructors.
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| 19 |  |   d. Minimum basic training requirements, which a  | 
| 20 |  |  probationary police
officer must satisfactorily complete  | 
| 21 |  |  before being eligible for permanent
employment as a local  | 
| 22 |  |  law enforcement officer for a participating local
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| 23 |  |  governmental agency. Those requirements shall include  | 
| 24 |  |  training in first aid
(including cardiopulmonary  | 
| 25 |  |  resuscitation).
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| 26 |  |   e. Minimum basic training requirements, which a  | 
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| 1 |  |  probationary county
corrections officer must  | 
| 2 |  |  satisfactorily complete before being eligible for
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| 3 |  |  permanent employment as a county corrections officer for a  | 
| 4 |  |  participating
local governmental agency.
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| 5 |  |   f. Minimum basic training requirements which a  | 
| 6 |  |  probationary court
security officer must satisfactorily  | 
| 7 |  |  complete before being eligible for
permanent employment as  | 
| 8 |  |  a court security officer for a participating local
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| 9 |  |  governmental agency. The Board shall
establish those  | 
| 10 |  |  training requirements which it considers appropriate for  | 
| 11 |  |  court
security officers and shall certify schools to  | 
| 12 |  |  conduct that training. 
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| 13 |  |   A person hired to serve as a court security officer  | 
| 14 |  |  must obtain from the
Board a certificate (i) attesting to  | 
| 15 |  |  his or her successful completion of the
training course;  | 
| 16 |  |  (ii) attesting to his or her satisfactory
completion of a  | 
| 17 |  |  training program of similar content and number of hours  | 
| 18 |  |  that
has been found acceptable by the Board under the  | 
| 19 |  |  provisions of this Act; or
(iii) attesting to the Board's  | 
| 20 |  |  determination that the training
course is unnecessary  | 
| 21 |  |  because of the person's extensive prior law enforcement
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| 22 |  |  experience.
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| 23 |  |   Individuals who currently serve as court security  | 
| 24 |  |  officers shall be deemed
qualified to continue to serve in  | 
| 25 |  |  that capacity so long as they are certified
as provided by  | 
| 26 |  |  this Act within 24 months of June 1, 1997 (the effective  | 
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| 1 |  |  date of Public Act 89-685). Failure to be so certified,  | 
| 2 |  |  absent a waiver from the
Board, shall cause the officer to  | 
| 3 |  |  forfeit his or her position.
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| 4 |  |   All individuals hired as court security officers on or  | 
| 5 |  |  after June 1, 1997 (the effective
date of Public Act  | 
| 6 |  |  89-685) shall be certified within 12 months of the
date of  | 
| 7 |  |  their hire, unless a waiver has been obtained by the Board,  | 
| 8 |  |  or they
shall forfeit their positions.
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| 9 |  |   The Sheriff's Merit Commission, if one exists, or the  | 
| 10 |  |  Sheriff's Office if
there is no Sheriff's Merit Commission,  | 
| 11 |  |  shall maintain a list of all
individuals who have filed  | 
| 12 |  |  applications to become court security officers and
who meet  | 
| 13 |  |  the eligibility requirements established under this Act.  | 
| 14 |  |  Either
the Sheriff's Merit Commission, or the Sheriff's  | 
| 15 |  |  Office if no Sheriff's Merit
Commission exists, shall  | 
| 16 |  |  establish a schedule of reasonable intervals for
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| 17 |  |  verification of the applicants' qualifications under
this  | 
| 18 |  |  Act and as established by the Board.
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| 19 |  |   g. Minimum in-service training requirements, which a  | 
| 20 |  |  police officer must satisfactorily complete every 3 years.  | 
| 21 |  |  Those requirements shall include constitutional and proper  | 
| 22 |  |  use of law enforcement authority, procedural justice,  | 
| 23 |  |  civil rights, human rights, mental health awareness and  | 
| 24 |  |  response, and cultural competency. | 
| 25 |  |   h. Minimum in-service training requirements, which a  | 
| 26 |  |  police officer must satisfactorily complete at least  | 
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| 1 |  |  annually. Those requirements shall include law updates and  | 
| 2 |  |  use of force training which shall include scenario based  | 
| 3 |  |  training, or similar training approved by the Board. | 
| 4 |  | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,  | 
| 5 |  | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;  | 
| 6 |  | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.  | 
| 7 |  | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
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| 8 |  |  (50 ILCS 705/10.23 new) | 
| 9 |  |  Sec. 10.23. Training; human trafficking. The Board shall  | 
| 10 |  | conduct or approve an in-service training program in the  | 
| 11 |  | detection and investigation of all forms of human trafficking,  | 
| 12 |  | including, but not limited to, "involuntary servitude" under  | 
| 13 |  | subsection (b) of Section 10-9 of the Criminal Code of 2012,  | 
| 14 |  | "involuntary sexual servitude of a minor" under subsection (c)  | 
| 15 |  | of Section 10-9 of the Criminal Code of 2012, and "trafficking  | 
| 16 |  | in persons" under subsection (d) of Section 10-9 of the  | 
| 17 |  | Criminal Code of 2012. This program shall be made available to  | 
| 18 |  | all certified law enforcement, correctional, and court  | 
| 19 |  | security officers.
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| 20 |  |  Section 110. The Criminal Code of 2012 is amended by  | 
| 21 |  | changing Sections 3-6 and 10-9 as follows:
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| 22 |  |  (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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| 23 |  |  Sec. 3-6. Extended limitations. The period within which a  | 
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| 1 |  | prosecution
must be commenced under the provisions of Section  | 
| 2 |  | 3-5 or other applicable
statute is extended under the following  | 
| 3 |  | conditions:
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| 4 |  |  (a) A prosecution for theft involving a breach of a  | 
| 5 |  | fiduciary obligation
to the aggrieved person may be commenced  | 
| 6 |  | as follows:
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| 7 |  |   (1) If the aggrieved person is a minor or a person  | 
| 8 |  |  under legal disability,
then during the minority or legal  | 
| 9 |  |  disability or within one year after the
termination  | 
| 10 |  |  thereof.
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| 11 |  |   (2) In any other instance, within one year after the  | 
| 12 |  |  discovery of the
offense by an aggrieved person, or by a  | 
| 13 |  |  person who has legal capacity to
represent an aggrieved  | 
| 14 |  |  person or has a legal duty to report the offense,
and is  | 
| 15 |  |  not himself or herself a party to the offense; or in the  | 
| 16 |  |  absence of such
discovery, within one year after the proper  | 
| 17 |  |  prosecuting officer becomes
aware of the offense. However,  | 
| 18 |  |  in no such case is the period of limitation
so extended  | 
| 19 |  |  more than 3 years beyond the expiration of the period  | 
| 20 |  |  otherwise
applicable.
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| 21 |  |  (b) A prosecution for any offense based upon misconduct in  | 
| 22 |  | office by a
public officer or employee may be commenced within  | 
| 23 |  | one year after discovery
of the offense by a person having a  | 
| 24 |  | legal duty to report such offense, or
in the absence of such  | 
| 25 |  | discovery, within one year after the proper
prosecuting officer  | 
| 26 |  | becomes aware of the offense. However, in no such case
is the  | 
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| 1 |  | period of limitation so extended more than 3 years beyond the
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| 2 |  | expiration of the period otherwise applicable.
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| 3 |  |  (b-5) When the victim is under 18 years of age at the time  | 
| 4 |  | of the offense, a prosecution for involuntary servitude,  | 
| 5 |  | involuntary sexual servitude of a minor, or trafficking in  | 
| 6 |  | persons and related offenses under Section 10-9 of this Code  | 
| 7 |  | may be commenced within 25 years of the victim attaining the  | 
| 8 |  | age of 18 years. | 
| 9 |  |  (b-6) When the victim is 18 years of age or over at the  | 
| 10 |  | time of the offense, a prosecution for involuntary servitude,  | 
| 11 |  | involuntary sexual servitude of a minor, or trafficking in  | 
| 12 |  | persons and related offenses under Section 10-9 of this Code  | 
| 13 |  | may be commenced within 25 years after the commission of the  | 
| 14 |  | offense.  | 
| 15 |  |  (c) (Blank).
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| 16 |  |  (d) A prosecution for child pornography, aggravated child  | 
| 17 |  | pornography, indecent
solicitation of a
child, soliciting for a  | 
| 18 |  | juvenile prostitute, juvenile pimping,
exploitation of a  | 
| 19 |  | child, or promoting juvenile prostitution except for keeping a  | 
| 20 |  | place of juvenile prostitution may be commenced within one year  | 
| 21 |  | of the victim
attaining the age of 18 years. However, in no  | 
| 22 |  | such case shall the time
period for prosecution expire sooner  | 
| 23 |  | than 3 years after the commission of
the offense.
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| 24 |  |  (e) Except as otherwise provided in subdivision (j), a  | 
| 25 |  | prosecution for
any offense involving sexual conduct or sexual
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| 26 |  | penetration, as defined in Section 11-0.1 of this Code, where  | 
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| 1 |  | the defendant
was within a professional or fiduciary  | 
| 2 |  | relationship or a purported
professional or fiduciary  | 
| 3 |  | relationship with the victim at the
time of the commission of  | 
| 4 |  | the offense may be commenced within one year
after the  | 
| 5 |  | discovery of the offense by the victim.
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| 6 |  |  (f) A prosecution for any offense set forth in Section 44
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| 7 |  | of the Environmental Protection Act
may be commenced within 5  | 
| 8 |  | years after the discovery of such
an offense by a person or  | 
| 9 |  | agency having the legal duty to report the
offense or in the  | 
| 10 |  | absence of such discovery, within 5 years
after the proper  | 
| 11 |  | prosecuting officer becomes aware of the offense.
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| 12 |  |  (f-5) A prosecution for any offense set forth in Section  | 
| 13 |  | 16-30 of this Code may be commenced within 5 years after the  | 
| 14 |  | discovery of the offense by the victim of that offense.
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| 15 |  |  (g) (Blank).
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| 16 |  |  (h) (Blank).
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| 17 |  |  (i) Except as otherwise provided in subdivision (j), a  | 
| 18 |  | prosecution for
criminal sexual assault, aggravated criminal
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| 19 |  | sexual assault, or aggravated criminal sexual abuse may be  | 
| 20 |  | commenced within 10
years of the commission of the offense if  | 
| 21 |  | the victim reported the offense to
law enforcement authorities  | 
| 22 |  | within 3 years after the commission of the offense. If the  | 
| 23 |  | victim consented to the collection of evidence using an  | 
| 24 |  | Illinois State Police Sexual Assault Evidence Collection Kit  | 
| 25 |  | under the Sexual Assault Survivors Emergency Treatment Act, it  | 
| 26 |  | shall constitute reporting for purposes of this Section.
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| 1 |  |  Nothing in this subdivision (i) shall be construed to
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| 2 |  | shorten a period within which a prosecution must be commenced  | 
| 3 |  | under any other
provision of this Section.
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| 4 |  |  (i-5) A prosecution for armed robbery, home invasion,  | 
| 5 |  | kidnapping, or aggravated kidnaping may be commenced within 10  | 
| 6 |  | years of the commission of the offense if it arises out of the  | 
| 7 |  | same course of conduct and meets the criteria under one of the  | 
| 8 |  | offenses in subsection (i) of this Section.  | 
| 9 |  |  (j) (1) When the victim is under 18 years of age at the  | 
| 10 |  | time of the offense, a
prosecution
for criminal sexual assault,  | 
| 11 |  | aggravated criminal sexual assault, predatory
criminal sexual  | 
| 12 |  | assault of a child, aggravated criminal sexual abuse, or felony  | 
| 13 |  | criminal sexual abuse may be commenced at any time. | 
| 14 |  |  (2) When the victim is under 18 years of age at the time of  | 
| 15 |  | the offense, a prosecution for failure of a person who is  | 
| 16 |  | required to report an alleged
or suspected commission of  | 
| 17 |  | criminal sexual assault, aggravated criminal sexual assault,  | 
| 18 |  | predatory criminal sexual assault of a child, aggravated  | 
| 19 |  | criminal sexual abuse, or felony criminal sexual abuse under  | 
| 20 |  | the Abused and Neglected
Child Reporting Act may be
commenced  | 
| 21 |  | within 20 years after the child victim attains 18
years of age. | 
| 22 |  |  (3) When the victim is under 18 years of age at the time of  | 
| 23 |  | the offense, a
prosecution
for misdemeanor criminal sexual  | 
| 24 |  | abuse may be
commenced within 10 years after the child victim  | 
| 25 |  | attains 18
years of age.
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| 26 |  |  (4) Nothing in this subdivision (j) shall be construed to
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| 1 |  | shorten a period within which a prosecution must be commenced  | 
| 2 |  | under any other
provision of this Section.
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| 3 |  |  (j-5) A prosecution for armed robbery, home invasion,  | 
| 4 |  | kidnapping, or aggravated kidnaping may be commenced at any  | 
| 5 |  | time if it arises out of the same course of conduct and meets  | 
| 6 |  | the criteria under one of the offenses in subsection (j) of  | 
| 7 |  | this Section. | 
| 8 |  |  (k) (Blank).
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| 9 |  |  (l) A prosecution for any offense set forth in Section 26-4  | 
| 10 |  | of this Code may be commenced within one year after the  | 
| 11 |  | discovery of the offense by the victim of that offense.  | 
| 12 |  |  (l-5) A prosecution for any offense involving sexual  | 
| 13 |  | conduct or sexual penetration, as defined in Section 11-0.1 of  | 
| 14 |  | this Code, in which the victim was 18 years of age or older at  | 
| 15 |  | the time of the offense, may be commenced within one year after  | 
| 16 |  | the discovery of the offense by the victim when corroborating  | 
| 17 |  | physical evidence is available. The charging document shall  | 
| 18 |  | state that the statute of limitations is extended under this  | 
| 19 |  | subsection (l-5) and shall state the circumstances justifying  | 
| 20 |  | the extension.
Nothing in this subsection (l-5) shall be  | 
| 21 |  | construed to shorten a period within which a prosecution must  | 
| 22 |  | be commenced under any other provision of this Section or  | 
| 23 |  | Section 3-5 of this Code.  | 
| 24 |  |  (m) The prosecution shall not be required to prove at trial  | 
| 25 |  | facts which extend the general limitations in Section 3-5 of  | 
| 26 |  | this Code when the facts supporting extension of the period of  | 
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| 1 |  | general limitations are properly pled in the charging document.  | 
| 2 |  | Any challenge relating to the extension of the general  | 
| 3 |  | limitations period as defined in this Section shall be  | 
| 4 |  | exclusively conducted under Section 114-1 of the Code of  | 
| 5 |  | Criminal Procedure of 1963. | 
| 6 |  |  (n) A prosecution for any offense set forth in subsection  | 
| 7 |  | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the  | 
| 8 |  | Illinois Public Aid Code, in which the total amount of money  | 
| 9 |  | involved is $5,000 or more, including the monetary value of  | 
| 10 |  | food stamps and the value of commodities under Section 16-1 of  | 
| 11 |  | this Code may be commenced within 5 years of the last act  | 
| 12 |  | committed in furtherance of the offense. | 
| 13 |  | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;  | 
| 14 |  | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.  | 
| 15 |  | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,  | 
| 16 |  | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
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| 17 |  |  (720 ILCS 5/10-9) | 
| 18 |  |  Sec. 10-9. Trafficking in persons, involuntary servitude,  | 
| 19 |  | and related offenses. | 
| 20 |  |  (a) Definitions. In this Section: | 
| 21 |  |   (1) "Intimidation" has the meaning prescribed in  | 
| 22 |  |  Section 12-6. | 
| 23 |  |   (2) "Commercial sexual activity" means any sex act on  | 
| 24 |  |  account of which anything of value is given, promised to,  | 
| 25 |  |  or received by any person.
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| 1 |  |   (2.5) "Company" means any sole proprietorship,  | 
| 2 |  |  organization, association, corporation, partnership, joint  | 
| 3 |  |  venture, limited partnership, limited liability  | 
| 4 |  |  partnership, limited liability limited partnership,  | 
| 5 |  |  limited liability company, or other entity or business  | 
| 6 |  |  association, including all wholly owned subsidiaries,  | 
| 7 |  |  majority-owned subsidiaries, parent companies, or  | 
| 8 |  |  affiliates of those entities or business associations,  | 
| 9 |  |  that exist for the purpose of making profit.  | 
| 10 |  |   (3) "Financial harm" includes intimidation that brings  | 
| 11 |  |  about financial loss, criminal usury, or employment  | 
| 12 |  |  contracts that violate the Frauds Act. | 
| 13 |  |   (4) (Blank). | 
| 14 |  |   (5) "Labor" means work of economic or financial value. | 
| 15 |  |   (6) "Maintain" means, in relation to labor or services,  | 
| 16 |  |  to secure continued performance thereof, regardless of any  | 
| 17 |  |  initial agreement on the part of the victim to perform that  | 
| 18 |  |  type of service. | 
| 19 |  |   (7) "Obtain" means, in relation to labor or services,  | 
| 20 |  |  to secure performance thereof. | 
| 21 |  |   (7.5) "Serious harm" means any harm, whether physical  | 
| 22 |  |  or nonphysical, including psychological, financial, or  | 
| 23 |  |  reputational harm, that is sufficiently serious, under all  | 
| 24 |  |  the surrounding circumstances, to compel a reasonable  | 
| 25 |  |  person of the same background and in the same circumstances  | 
| 26 |  |  to perform or to continue performing labor or services in  | 
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| 1 |  |  order to avoid incurring that harm.  | 
| 2 |  |   (8) "Services" means activities resulting from a  | 
| 3 |  |  relationship between a person and the actor in which the  | 
| 4 |  |  person performs activities under the supervision of or for  | 
| 5 |  |  the benefit of the actor. Commercial sexual activity and  | 
| 6 |  |  sexually-explicit performances are forms of activities  | 
| 7 |  |  that are "services" under this Section. Nothing in this  | 
| 8 |  |  definition may be construed to legitimize or legalize  | 
| 9 |  |  prostitution. | 
| 10 |  |   (9) "Sexually-explicit performance" means a live,  | 
| 11 |  |  recorded, broadcast (including over the Internet), or  | 
| 12 |  |  public act or show intended to arouse or satisfy the sexual  | 
| 13 |  |  desires or appeal to the prurient interests of patrons. | 
| 14 |  |   (10) "Trafficking victim" means a person subjected to  | 
| 15 |  |  the practices set forth in subsection (b), (c), or (d). | 
| 16 |  |  (b) Involuntary servitude. A person commits involuntary  | 
| 17 |  | servitude when he or she knowingly subjects, attempts to  | 
| 18 |  | subject, or engages in a conspiracy to subject another person  | 
| 19 |  | to labor or services obtained or maintained through any of the  | 
| 20 |  | following means, or any combination of these means:  | 
| 21 |  |   (1) causes or threatens to cause physical harm to any  | 
| 22 |  |  person; | 
| 23 |  |   (2) physically restrains or threatens to physically  | 
| 24 |  |  restrain another person; | 
| 25 |  |   (3) abuses or threatens to abuse the law or legal  | 
| 26 |  |  process; | 
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| 1 |  |   (4) knowingly destroys, conceals, removes,  | 
| 2 |  |  confiscates, or possesses any actual or purported passport  | 
| 3 |  |  or other immigration document, or any other actual or  | 
| 4 |  |  purported government identification document, of another  | 
| 5 |  |  person; | 
| 6 |  |   (5) uses intimidation, or exerts financial control  | 
| 7 |  |  over any person; or | 
| 8 |  |   (6) uses any scheme, plan, or pattern intended to cause  | 
| 9 |  |  the person to believe that, if the person did not perform  | 
| 10 |  |  the labor or services, that person or another person would  | 
| 11 |  |  suffer serious harm or physical restraint.  | 
| 12 |  |  Sentence. Except as otherwise provided in subsection (e) or  | 
| 13 |  | (f), a violation of subsection (b)(1) is a Class X felony,  | 
| 14 |  | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)  | 
| 15 |  | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.  | 
| 16 |  |  (c) Involuntary sexual servitude of a minor. A person  | 
| 17 |  | commits involuntary sexual servitude of a minor when he or she  | 
| 18 |  | knowingly recruits, entices, harbors, transports, provides, or  | 
| 19 |  | obtains by any means, or attempts to recruit, entice, harbor,  | 
| 20 |  | provide, or obtain by any means, another person under 18 years  | 
| 21 |  | of age, knowing that the minor will engage in commercial sexual  | 
| 22 |  | activity, a sexually-explicit performance, or the production  | 
| 23 |  | of pornography, or causes or attempts to cause a minor to  | 
| 24 |  | engage in one or more of those activities and: | 
| 25 |  |   (1) there is no overt force or threat and the minor is  | 
| 26 |  |  between the ages of 17 and 18 years; | 
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| 1 |  |   (2) there is no overt force or threat and the minor is  | 
| 2 |  |  under the age of 17 years; or | 
| 3 |  |   (3) there is overt force or threat. | 
| 4 |  |  Sentence. Except as otherwise provided in subsection (e) or  | 
| 5 |  | (f), a violation of subsection (c)(1) is a Class 1 felony,  | 
| 6 |  | (c)(2) is a Class X felony, and (c)(3) is a Class X felony.  | 
| 7 |  |  (d) Trafficking in persons. A person commits trafficking in  | 
| 8 |  | persons when he or she knowingly: (1) recruits, entices,  | 
| 9 |  | harbors, transports, provides, or obtains by any means, or  | 
| 10 |  | attempts to recruit, entice, harbor, transport, provide, or  | 
| 11 |  | obtain by any means, another person, intending or knowing that  | 
| 12 |  | the person will be subjected to involuntary servitude; or (2)  | 
| 13 |  | benefits, financially or by receiving anything of value, from  | 
| 14 |  | participation in a venture that has engaged in an act of  | 
| 15 |  | involuntary servitude or involuntary sexual servitude of a  | 
| 16 |  | minor. A company commits trafficking in persons when the  | 
| 17 |  | company knowingly benefits, financially or by receiving  | 
| 18 |  | anything of value, from participation in a venture that has  | 
| 19 |  | engaged in an act of involuntary servitude or involuntary  | 
| 20 |  | sexual servitude of a minor. | 
| 21 |  |  Sentence. Except as otherwise provided in subsection (e) or  | 
| 22 |  | (f), a violation of this subsection by a person is a Class 1  | 
| 23 |  | felony. A violation of this subsection by a company is a  | 
| 24 |  | business offense for which a fine of up to $100,000 may be  | 
| 25 |  | imposed. | 
| 26 |  |  (e) Aggravating factors. A violation of this Section  | 
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| 1 |  | involving kidnapping or an attempt to kidnap, aggravated  | 
| 2 |  | criminal sexual assault or an attempt to commit aggravated  | 
| 3 |  | criminal sexual assault, or an attempt to commit first degree  | 
| 4 |  | murder is a Class X felony.  | 
| 5 |  |  (f) Sentencing considerations. | 
| 6 |  |   (1) Bodily injury. If, pursuant to a violation of this  | 
| 7 |  |  Section, a victim
suffered bodily injury, the defendant may  | 
| 8 |  |  be sentenced to an extended-term sentence under Section  | 
| 9 |  |  5-8-2 of the Unified Code of Corrections. The sentencing  | 
| 10 |  |  court must take into account the time in which the victim  | 
| 11 |  |  was held in servitude, with increased penalties for cases  | 
| 12 |  |  in which the victim was held for between 180 days and one  | 
| 13 |  |  year, and increased penalties for cases in which the victim  | 
| 14 |  |  was held for more than one year. | 
| 15 |  |   (2) Number of victims. In determining sentences within  | 
| 16 |  |  statutory maximums, the sentencing court should take into  | 
| 17 |  |  account the number of victims, and may provide for  | 
| 18 |  |  substantially increased sentences in cases involving more  | 
| 19 |  |  than 10 victims. | 
| 20 |  |  (g) Restitution. Restitution is mandatory under this  | 
| 21 |  | Section. In addition to any other amount of loss identified,  | 
| 22 |  | the court shall order restitution including the greater of (1)  | 
| 23 |  | the gross income or value to the defendant of the victim's  | 
| 24 |  | labor or services or (2) the value of the victim's labor as  | 
| 25 |  | guaranteed under the Minimum Wage Law and overtime provisions  | 
| 26 |  | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,  | 
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| 1 |  | whichever is greater. | 
| 2 |  |  (g-5) Fine distribution. If the court imposes a fine under  | 
| 3 |  | subsection (b), (c), or (d) of this Section, it shall be  | 
| 4 |  | collected and distributed to the Specialized Services for  | 
| 5 |  | Survivors of Human Trafficking Fund in accordance with Section  | 
| 6 |  | 5-9-1.21 of the Unified Code of Corrections.  | 
| 7 |  |  (h) Trafficking victim services. Subject to the  | 
| 8 |  | availability of funds, the Department of Human Services may  | 
| 9 |  | provide or fund emergency services and assistance to  | 
| 10 |  | individuals who are victims of one or more offenses defined in  | 
| 11 |  | this Section.
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| 12 |  |  (i) Certification. The Attorney General, a State's  | 
| 13 |  | Attorney, or any law enforcement official shall certify in  | 
| 14 |  | writing to the United States Department of Justice or other  | 
| 15 |  | federal agency, such as the United States Department of  | 
| 16 |  | Homeland Security, that an investigation or prosecution under  | 
| 17 |  | this Section has begun and the individual who is a likely  | 
| 18 |  | victim of a crime described in this Section is willing to  | 
| 19 |  | cooperate or is cooperating with the investigation to enable  | 
| 20 |  | the individual, if eligible under federal law, to qualify for  | 
| 21 |  | an appropriate special immigrant visa and to access available  | 
| 22 |  | federal benefits. Cooperation with law enforcement shall not be  | 
| 23 |  | required of victims of a crime described in this Section who  | 
| 24 |  | are under 18 years of age. This certification shall be made  | 
| 25 |  | available to the victim and his or her designated legal  | 
| 26 |  | representative.  | 
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| 1 |  |  (j) A person who commits involuntary servitude,  | 
| 2 |  | involuntary sexual servitude of a minor, or trafficking in  | 
| 3 |  | persons under subsection (b), (c), or (d) of this Section is  | 
| 4 |  | subject to the property forfeiture provisions set forth in  | 
| 5 |  | Article 124B of the Code of Criminal Procedure of 1963. 
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| 6 |  | (Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;  | 
| 7 |  | 98-1013, eff. 1-1-15.)
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| 8 |  |  Section 115. The Code of Civil Procedure is amended by  | 
| 9 |  | changing Section 13-225 as follows:
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| 10 |  |  (735 ILCS 5/13-225) | 
| 11 |  |  Sec. 13-225. Trafficking victims protection. (a) In  | 
| 12 |  | this Section, "human trafficking", "involuntary servitude",  | 
| 13 |  | "sex trade", and "victim of the sex trade" have the meanings  | 
| 14 |  | ascribed to them in Section 10 of the Trafficking Victims  | 
| 15 |  | Protection Act. | 
| 16 |  |  (b) Subject to both subsections (e) and (f) and  | 
| 17 |  | notwithstanding any other provision of law, an action under the  | 
| 18 |  | Trafficking Victims Protection Act must be commenced within 25  | 
| 19 |  | 10 years of the date the limitation period begins to run under  | 
| 20 |  | subsection (d) or within 25 10 years of the date the plaintiff  | 
| 21 |  | discovers or through the use of reasonable diligence should  | 
| 22 |  | discover both (i) that the sex trade, involuntary servitude, or  | 
| 23 |  | human trafficking act occurred, and (ii) that the defendant  | 
| 24 |  | caused, was responsible for, or profited from the sex trade,  | 
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| 1 |  | involuntary servitude, or human trafficking act. The fact that  | 
| 2 |  | the plaintiff discovers or through the use of reasonable  | 
| 3 |  | diligence should discover that the sex trade, involuntary  | 
| 4 |  | servitude, or human trafficking act occurred is not, by itself,  | 
| 5 |  | sufficient to start the discovery period under this subsection  | 
| 6 |  | (b). | 
| 7 |  |  (c) If the injury is caused by 2 or more acts that are part  | 
| 8 |  | of a continuing series of sex trade, involuntary servitude, or  | 
| 9 |  | human trafficking acts by the same defendant, then the  | 
| 10 |  | discovery period under subsection (b) shall be computed from  | 
| 11 |  | the date the person abused discovers or through the use of  | 
| 12 |  | reasonable diligence should discover (i) that the last sex  | 
| 13 |  | trade, involuntary servitude, or human trafficking act in the  | 
| 14 |  | continuing series occurred, and (ii) that the defendant caused,  | 
| 15 |  | was responsible for, or profited from the series of sex trade,  | 
| 16 |  | involuntary servitude, or human trafficking acts. The fact that  | 
| 17 |  | the plaintiff discovers or through the use of reasonable  | 
| 18 |  | diligence should discover that the last sex trade, involuntary  | 
| 19 |  | servitude, or human trafficking act in the continuing series  | 
| 20 |  | occurred is not, by itself, sufficient to start the discovery  | 
| 21 |  | period under subsection (b). | 
| 22 |  |  (d) The limitation periods in subsection (b) do not begin  | 
| 23 |  | to run before the plaintiff attains the age of 18 years; and,  | 
| 24 |  | if at the time the plaintiff attains the age of 18 years he or  | 
| 25 |  | she is under other legal disability, the limitation periods  | 
| 26 |  | under subsection (b) do not begin to run until the removal of  | 
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| 1 |  | the disability. | 
| 2 |  |  (e) The limitation periods in subsection (b) do not run  | 
| 3 |  | during a time period when the plaintiff is subject to threats,  | 
| 4 |  | intimidation, manipulation, or fraud perpetrated by the  | 
| 5 |  | defendant or by any person acting in the interest of the  | 
| 6 |  | defendant. | 
| 7 |  |  (f) The limitation periods in subsection (b) do not  | 
| 8 |  | commence running until the expiration of all limitations  | 
| 9 |  | periods applicable to the criminal prosecution of the plaintiff  | 
| 10 |  | for any acts which form the basis of a cause of action under  | 
| 11 |  | the Trafficking Victims Protection Act.
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| 12 |  | (Source: P.A. 100-939, eff. 1-1-19.)
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| 13 |  |  Section 999. Effective date. This Section and Sections 1  | 
| 14 |  | through 15 take effect upon becoming law.
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