Download PA 98-1013

transforming Illinois’ response
to prostitution and trafficking
END DEMAND
ILLINOIS
HUMAN
TRAFFICKING
AND
PROSTITUTION
LAWS
For more information about CAASE and our work,
please visit www.caase.org and
www.enddemandillinois.org.
August
2015
ABOUT CAASE
 CAASE
addresses the culture, institutions,
and individuals that perpetrate, profit
from, or support sexual exploitation.
 Our work includes:
* legal services
* prevention education
* community engagement
* policy reform
 GOAL
- Traffickers, pimps, and the people who buy
commercial sex are held accountable for their crimes and
are deterred from future trafficking and prostitution
offenses.
 GOAL – End the criminal system response to prostituted
and trafficked people, who instead receive comprehensive,
specialized supportive services to address their complex
needs and provide meaningful alternatives to prostitution.
 GOAL - Illinois residents, elected officials, policy makers,
and opinion leaders are educated about the realities of
prostitution and trafficking and are moved to take action
against demand and end sexual exploitation.
 creating
and advocating for public policies and
legislation to achieve the goals of the campaign;
 educating the community, public policy makers, and
opinion shapers about the campaign and need for
reform;
 researching and proposing a model statewide system
of supportive services for survivors of prostitution and
trafficking; and
 engaging survivors of prostitution and trafficking to
serve as advocates for the campaign.
IL SAFE CHILDREN ACT – 2010
(PA 96-1464)
 Minors
involved in commercial sex are abused children
and crime victims under the Abused and Neglected
Child Reporting Act
 “Juvenile prostitute” eliminated from criminal code
 Minors under 18 are immune from prosecution for
prostitution
 Law enforcement officers who encounter minors in
prostitution must file a report of human trafficking to
DCFS
 DCFS is required to investigate the report within 24
hours
IL SAFE CHILDREN ACT – 2010
(PA 96-1464)
 Prostitution-related
offenses targeting pimps and/or johns
enhanced from misdemeanors to felonies
 Buying sex from a child under 18 is now a class 4 felony
 For certain offenses, the Act eliminates the ability of an
accused to allege a reasonable belief that the victim was
at least 18 years old, unless the accused did not have a
reasonable opportunity to observe the victim
 Vehicle impoundment fee increased from $200 to $1000,
and applies to more crimes
 The Act expands wiretapping authority for criminal
investigations of trafficking and prostitution
JUSTICE FOR VICTIMS OF SEX
TRAFFICKING CRIMES ACT - 2011
(PA 97-0267)
Allows people with prostitution convictions to ask a judge to
vacate those convictions that resulted from human trafficking.
 The petitioner must
 show that they have received services for victims of human
trafficking, or no longer be trafficked;
 State why the petitioner did not present facts about the
trafficking to the trial court; and
 Exercise due diligence in determining when to file the
petition.
 There are no time limitations in the statute, and no limitations on
the number of convictions that can be vacated.
 Law can benefit both adult and minor petitioners.

JUSTICE FOR VICTIMS OF SEX
TRAFFICKING CRIMES ACT - 2011
(PA 97-0267)
Resources for Free Legal Representation:
 Chicago Alliance Against Sexual Exploitation. Contact Veronica,
773-244-2230 ext 204 to schedule an intake.
 Metropolitan Family Services. Contact Intake line, 312-9864200 or [email protected].
 Legal Assistance Foundation. Contact [email protected].
 Free Litigation Guide for Attorneys: visit
http://www.enddemandillinois.org/newsitems/lawyers-accesslitigation-guide-help to download a copy.
 Implementation Update (Sept 2015): CAASE successfully completed 5
petitions (4 in Cook, 1 in DuPage), 29 prostitution convictions vacated.
4 petitions pending, with 200 convictions between them.

REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012
(PA 97-0897)
§720 ILCS 5/10-9(b) Involuntary servitude. A person knowingly subjects,
attempts to subject, or engages in a conspiracy to subject another person to
labor or servicesl and:
(1) causes or threatens to cause physical harm to any person;
(2) physically restrains or threatens to physically restrain another
person;
(3) abuses or threatens to abuse the law or legal process;
(4) knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other
immigration document, or any other actual or purported
government identification document, of another person; or
(5) uses intimidation, or exerts financial control over any person;
(6) uses any scheme, plan, or pattern intended to cause the person to
believe that, if the person did not perform the labor or service, that person or
another person would suffer serious harm or physical restraint.
REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012
(PA 97-0897)
Definition of “Serious Harm”
 Provides
a definition of “serious harm”
related to the trafficking victim that
duplicates existing federal trafficking code
language and includes “any harm, whether
physical or nonphysical, including
psychological, financial, or reputational.”
PENALTIES FOR PROSTITUTION OFFENSES - 2013
Eliminates
the felony penalty for those
charged with prostitution in Illinois;
Eliminates all potential for a felony
upgrade based on the existence of
certain prior convictions;
Eliminates the First Offender Felony
Probation Act.
PENALTIES FOR PROSTITUTION OFFENSES – 2013
(PA 98-0538)

Amends the Mental Health Court Treatment act to
 ensure that people facing misdemeanor prostitution
charges are eligible for mental health programs offered
through the courts;
 Encourages provision of services to address the trauma
associated with prostitution and sex trafficking;
 Mandates that court programs establishing such
specialized programs partner with service providers,
survivors, and advocates in the program’s development.

Law became effective August 23, 2013.
FUNDING SPECIALIZED SERVICES FOR SURVIVORS OF
PROSTITUTION AND HUMAN TRAFFICKING - 2014
(PA 98-1013)
Creates
a special fund called
the “Specialized Services for
Survivors of Human Trafficking
Fund” housed at the Illinois
Department of Human Services.
FUNDING SPECIALIZED SERVICES FOR SURVIVORS OF
PROSTITUTION AND HUMAN TRAFFICKING - 2014
(PA 98-1013)
Requires IDHS to use the funds “to make grants to nongovernmental organizations to provide specialized,
trauma-informed services specifically designed to
address the priority service needs associated with
prostitution and human trafficking.”
 Priority services include, but are not limited to,
community based drop in centers, emergency housing,
and long term safe homes.
 Collaboration – “The Department shall consult with
prostitution and human trafficking advocates, survivors,
and service providers to identify priority service needs in
their respective communities.”

FUNDING SPECIALIZED SERVICES FOR SURVIVORS OF
PROSTITUTION AND HUMAN TRAFFICKING - 2014
(PA 98-1013)
Collects fines from people convicted of:
 Involuntary Servitude,
 Involuntary Sexual Servitude of Minor,
 Trafficking in Persons,
 Solicitation of a Sexual Act (special note)
 Promoting Prostitution,
 Patronizing a Prostitute.
 Does not require the judge to impose a fine.
 Does not increase fines against this group of offenders.
 Fines could range from $0 - $2,500 for the class A
misdemeanor and $0 - $25,000 for the felonies.

FUNDING SPECIALIZED SERVICES FOR SURVIVORS OF
PROSTITUTION AND HUMAN TRAFFICKING - 2014
(PA 98-1013)
$50
to the Circuit Court Clerk’s
office that collected the fines;
$300 to law enforcement engaged
in the operation;
Balance to the “Specialized
Services for Survivors of Human
Trafficking Fund.”
FUNDING SPECIALIZED SERVICES FOR SURVIVORS OF
PROSTITUTION AND HUMAN TRAFFICKING - 2014
(PA 98-1013)
Redirects proceeds of vehicle impoundment fees collected
from human trafficking and prostitution-related offenses.
 Expands trafficking forfeiture proceedings to include
“Promoting Juvenile Prostitution,” and “Promoting
prostitution by keeping a place of prostitution or keeping a
place of juvenile prostitution.”
 Changed distribution plan for forfeiture:
 5% to IL State’s Attorney’s Association for
HT/Forfeiture training;
 45% to state agencies involved in the operation and
initiating the forfeiture proceedings;
 50% to the Fund.

FUNDING SPECIALIZED SERVICES FOR SURVIVORS OF
PROSTITUTION AND HUMAN TRAFFICKING - 2014
(PA 98-1013)
AMENDMENTS TO “SOLICITATION OF A SEXUAL ACT”
Prohibits
charging prostituted youth
with “Solicitation of a Sexual Act.”
Prevents convictions of prostituted
people under “Solicitation of a Sexual
Act” when the defendant was
engaged solely in prostitution as
defined under 11-14 of the Illinois
criminal code.
IMPLEMENTING PA 98-1013
 Police
officers focus investigation resources on pimps,
johns, and traffickers in all communities in Illinois
 Police and prosecutors charge those offenses
 Prosecutors ask courts for fines upon conviction
 Judges impose them
 Circuit court clerks collect and distribute them
 Improve forfeiture capacity
 Educate LE and courts that they can use both
municipal and state statutes
 Long term: IDHS grant process that convenes
community to discuss priority service needs
SB 1588 (P
UBLIC
 Amends
ACT 99-0109)
720 ILCS 5/11-14, creating an
affirmative defense for people charged
with prostitution, offering them the
opportunity to prove they are subject to
human trafficking under state law.
 Adds new section 725 ILCS 5/115-6.1 to
code of criminal procedure, creates an in
camera review process for defendants who
are concerned about the safety of raising
the affirmative defense in open court.
Questions, Comments, Feedback
Contact Information:
Lynne Johnson
policy director
773-244-2230 ext 205
[email protected]
www.caase.org
www.enddemandillinois.org