HB 1299 — PREDATOR ACCOUNTABILITY ACT

(6) pimping:

the prostitute from whom anything of value is received;

(7) juvenile pimping and aggravated juvenile pimping:

the juvenile, or severely or profoundly mentally retarded person, from whom anything of value is received for that person’s act of prostitution;

(8) exploitation of a child:

the juvenile, or severely or profoundly mentally retarded person, intended or compelled to act as a prostitute or from whom anything of value is received for that person’s act of prostitution;

(9) obscenity:

any person who appears in or is described or depicted in the offending conduct or material;

(10) child pornography:

any child, or severely or profoundly mentally retarded person, who appears in or is described or depicted in the offending conduct or material;

or (11) trafficking of persons or involuntary servitude:

a "trafficking victim" as defined in Section 10A-5 of the Criminal Code of 1961.

(a) AnViolations individual subjected to the sex trade has a cause of actionthis againstAct aare personactionable orin entitycivil who:court.

(1)(b) recruited,A hired,victim offered,of agreed,the orsex attemptedtrade tohas hirea thecause individualof toaction engageagainst ina theperson sexor trade;entity who:

(2)(1) procured,recruits, enticed,profits ledfrom, away, pimped, trafficked, financed, or profitedmaintains fromthe hisvictim orin herany sex trade activity;act;

(3)HB1299 collectedEnrolled - 3 - LRB094 09423 LCB 39670 b (2) intentionally abuses, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or receivedcauses anybodily harm, as defined in Section 12-12 of the individual’sCriminal earningsCode derivedof from1961, to the victim in any sex trade;trade act;

or (4)(3) advertisedknowingly advertises or publishedpublishes advertisements for purposes of recruitment into illegal sex trade activity.

HB1299(c) EngrossedThis -Section 3shall -not LRB094 09423 LCB 39670 b (b) A separate cause of action may be broughtconstrued underto thiscreate Actliability againstto any individualperson whoor hasentity engagedwho inprovides retaliationgoods againstor anyservices plaintiffto inthe ageneral proceedingpublic, underwho thisalso Act,provides anythose membergoods ofor aservices plaintiff’sto family,persons any person who inwould goodbe faithliable hasunder opposedsubsection anything(b) that he or she reasonably believed to be a violation of this Act,Section, orabsent any person who has filed a complaint,showing testified,that assisted,the person or participatedentity ineither: a proceeding pursuant to this Act.

(1) knowingly markets or provides its goods or services primarily to persons or entities liable under subsection (b) of this Section;

(2) knowingly receives a higher level of compensation from persons or entities liable under subsection (b) of this Section than it generally receives from customers;

or (3) supervises or exercises control over persons or entities liable under subsection (b) of this Section.

(a) A prevailing plaintiffvictim of the sex trade shall be entitled to all relief that would make thehim plaintiffor her whole.

(3) recovery of costs and attorney fees,fees includingincluding, but not limited toto, costs for expert testimony and witness fees;

(4) profitscompensatory fromdamages sexincluding, tradebut activity;not limited to:

(5)(A) compensatory damages, such as (i) economic loss, including damage, destruction, or loss of use of personal propertyproperty, and loss of past or future income or earning capacity,capacity; and (ii) damages for death, personal injury, disease, and mental and emotional harm, including medical, rehabilitation, and burial expenses, and pain and suffering, including physical impairment;

and (6)(B) punitivedamages damages.for death, personal injury, disease, and mental and emotional harm, including medical, HB1299 Enrolled - 4 - LRB094 09423 LCB 39670 b rehabilitation, burial expenses, pain and suffering, and physical impairment;

(5) punitive damages;

and (6) damages in the amount of the gross revenues received by the defendant from, or related to, the sex trade activities of the plaintiff.

(a) It is not a defense to an action brought under this Act that:

(1) the plaintiffvictim consentedof tothe engagesex intrade actsand of the sexdefendant trade;had a marital or consenting sexual relationship;

(2) the plaintiffdefendant andis related to the victim of the sex trade by blood or marriage, or has lived with the defendant hadin aany maritalformal or consentinginformal sexualhousehold relationship;arrangement;

(3) the defendantvictim isof relatedthe tosex plaintifftrade bywas bloodpaid or marriage,otherwise orcompensated hasfor livedsex withtrade theactivity; defendant in any formal or informal household arrangement;

(4) the plaintiffvictim wasof paidthe orsex otherwisetrade compensatedengaged forin HB1299sex Engrossedtrade -activity 4prior -to LRB094any 09423involvement LCBwith 39670the bdefendant; sex trade activity;

(5) the plaintiffvictim engagedof inthe sex trade activitymade priorno attempt to anyescape, involvementflee, or otherwise terminate contact with the defendant;

(6) the defendantvictim hadof notthe engagedsex intrade priorconsented sexto tradeengage activityin withacts of the plaintiff;sex trade;

(7) theit plaintiffwas owed a debtsingle toincident theof defendant,activity; monetary or otherwise;

or (8) thethere defendantwas signedno aphysical legalcontact orinvolved. illegal contract with the plaintiff;

(9)(b) Any illegality of the plaintiffsex apparentlytrade initiatedactivity involvementon withthe part of the defendant;victim of the sex trade shall not be an affirmative defense to any action brought under this Act.

(10) the plaintiff made no attempt to escape, flee, or otherwise terminate contact with the defendant;

(11) the plaintiff continued to engage in sex trade activity after terminating contact with defendant;

(12) as a condition of employment, the defendant required the plaintiff to agree not to engage in the sex trade;

or (13) the defendant’s place of business was posted with signs prohibiting illegal sex trade activity.

(b) Any illegality of the sex trade activities on the part of the plaintiff shall not be an affirmative defense to any action brought under this Act.

InRelated theto coursea cause of litigationaction under this Act, anythe transactionfact aboutthat which a plaintiff testifiesor other witness has testified under oath or producesgiven evidence doesrelating notto subjectan act that may be a violation of any provision of the plaintiffCriminal Code of 1961 shall not be construed to criminalrequire prosecutionthe orState’s Attorney to criminally charge any penaltyperson orfor forfeiture.such violation.

AnyHB1299 testimonyEnrolled or- evidence,5 documentary- orLRB094 otherwise,09423 orLCB information39670 directlyb orSection indirectly35. derived from that testimony or evidence that is given or produced by a plaintiff or a witness for a plaintiff may not be used against that person in any other investigation or proceeding, other than a criminal investigation or proceeding for perjury committed while giving the testimony or producing the evidence.

EvidenceRemedies ofpreserved. any prior convictions, particularly for sex HB1299 Engrossed - 5 - LRB094 09423 LCB 39670 b trade or sex trade-related offenses, shall be inadmissible in a proceeding brought under this Act for purposes of attacking the plaintiff’s credibility.

IfThis theAct courtdoes admitsnot evidenceaffect the right of priorany convictionsperson forto purposesbring permittedan underaction theor rulesuse ofany evidenceremedy withavailable respectunder toother motive,law, opportunity,including intent,common preparation,law, plan,to knowledge,recover identity,damages orarising absenceout of mistakethe oruse accident,of the factvictim finderof maythe considersex trade in the evidencesex solelytrade fornor thosedoes purposesthis andAct shalllimit disregardor detailsrestrict offeredthe toliability proveof any factperson thatunder isother notlaw. relevant.

Section 35.

Statute of limitations.

(a) If the person entitled to bring the action was a minor at the time the cause of action accrued, the action must be commenced within 10 years after the person reaches the age of 18.

An action for damages under this Act must be commenced within 10 years of the time the plaintiff knew and fully understood:

(1) that the plaintiff had been injured;

and (2) that the injury was caused by conduct of the defendant described in this Act.

(b) The court shall toll the limitations period upon a showing that the plaintiff was or is unable, due to sex trade-related injury, to commence the action within the limitations period.

The injury may be psychological and need not be traceable to any action by the defendant.

A plaintiff may not be compelled to personally appear to attest to these facts.

Affidavits from the plaintiff and the plaintiff’s doctor stating the required facts shall be sufficient to constitute a showing as required by this subsection (b).

(c) The court shall toll the limitations period upon a showing that despite reasonable efforts, the plaintiff was unable to ascertain the identity, true name, or location of the defendant during the limitations period.

In determining whether the plaintiff’s efforts were reasonable, the court shall consider the totality of the plaintiff’s circumstances during the limitations period, including the plaintiff’s HB1299 Engrossed - 6 - LRB094 09423 LCB 39670 b emotional condition, financial resources, freedom of movement and communication, and reasonable fear of the defendant for self or others.

(d) The court shall toll the limitations period upon a showing that the defendant in any way inhibited the plaintiff’s understanding of the right to pursue the cause of action or the plaintiff’s ability to pursue the cause of action.

Behavior constituting inhibition includes, but is not limited to:

(1) minimizing by words or deeds the harm inflicted upon plaintiff;

(2) isolating plaintiff from access to legal representation;

(3) threatening plaintiff with retaliation for pursuing the claim;

and (4) misrepresenting the injury as the plaintiff’s fault rather than the fault of the abuser.

(e) There is no limitation of time on actions for declaratory or injunctive relief under this Act.

Section 40.

Other remedies preserved.

The provisions of this Act do not affect the right of any person to bring an action or use any remedy available under other law, including common law, to recover damages arising out of the use of the individual in the sex trade nor does this Act limit or restrict the liability of any person under other law.

Section 45.40.

AAny person who recovers damages under this Act may not recover the same costs or damages under any other Act.

Section 50.45.

AvoidanceNo avoidance of liability.

No person may avoid liability under this Act by means of any conveyance of any HB1299 Engrossed - 7 - LRB094 09423 LCB 39670 b right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement that purports to show consent of the plaintiff.victim of the sex trade.

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or its application does not affect other provisions or applicationsapplication of this Act that can be given effect without the invalid provision or application.

Section 80.

The Code of Civil Procedure is amended by adding Section 13-225 as follows:

(735 ILCS 5/13-225 new) Sec.

13-225.

Predator accountability.

(a) In this Section, "sex trade" and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Predator Accountability Act.

HB1299 Enrolled - 6 - LRB094 09423 LCB 39670 b (b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Predator Accountability Act must be commenced within 10 years of the date the limitation period begins to run under subsection (d) or within 10 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade act.

The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade act occurred is not, by itself, sufficient to start the discovery period under this subsection (b).

(c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade acts.

The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b).

(d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years;

and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability.

(e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant.

(f) The limitation periods in subsection (b) do not HB1299 Enrolled - 7 - LRB094 09423 LCB 39670 b commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Predator Accountability Act.