ILLINOIS ILLINOIS HUMAN HUMAN TRAFFICKING TRAFFICKING AND AND PROSTITUTION PROSTITUTION LAWSLAWS

Policy BriefingPolicy BriefingJuly 2014July 2014

transforming Illinois’ response to prostitution

and trafficking

For more information about CAASE and our work, please visit www.caase.org

and www.enddemandillinois.org.

AgendaWelcomeWelcomeOverview of End Demand IllinoisOverview of End Demand IllinoisSB 3558SB 3558Successful Implementation of SB Successful Implementation of SB 35583558

Prior End Demand Illinois LegislationPrior End Demand Illinois LegislationHow Can You Help?How Can You Help?Discussion and QuestionsDiscussion and Questions

About CAASECAASE addresses the culture, CAASE addresses the culture,

institutions, and individuals that institutions, and individuals that perpetrate, profit from, or support perpetrate, profit from, or support sexual exploitation. sexual exploitation.

Our work includes:Our work includes:* Litigation* Litigation* Prevention* Prevention* Community Engagement* Community Engagement* Policy and Advocacy Reform* Policy and Advocacy 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 - Prostituted and trafficked people 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.

Partners Heartland Alliance – lobbying leadership Chicago Legal Advocacy for Incarcerated Mothers

(newly merged with Cabrini Green Legal Aid) – survivor leadership development and lobbying

Polaris Project – legislative and policy expertise DePaul Law School – research and evaluation Illinois Coalition Against Sexual Assault – fiscal

agent, lobbying The Voices and Faces Project – communications

and social media engagement Cook County Sheriff’s Women’s Justice Programs

- survivor engagement and community education

SB 3558 – THE FUND

Creates a special fund called the “Specialized Services for Survivors of Human Trafficking Fund” housed at the Illinois Department of Human Services.

SB 3558– THE FUND Requires IDHS to use the funds “to make

grants to non-governmental 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.”

SB 3558 – WHERE WILL THE MONEY COME FROM? 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.

SB 3558 – WHERE WILL THE MONEY COME FROM? 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.

SB 3558 – WHERE WILL THE FINES GO?

$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.”

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 SB 3558 Police officers focus investigation resources on

pimps, johns, and traffickers in all communities in Illinois

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

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; andExercise 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, 312-986-4200 or atlasst@metrofamily.org.

Free Litigation Guide for Attorneys: visit http://www.enddemandillinois.org/newsitems/lawyers-access-litigation-guide-help to download a copy.

Implementation Update: 4 successful petitions in Cook, approximately 20 prostitution convictions vacated!

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.

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.”

REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012

(PA 97-0897)

REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012

(PA 97-0897)

Makes a technical change to § 720 ILCS 5/10-9 “Trafficking in persons, involuntary servitude, and related offenses” by deleting the definition and references to “forced labor and services.”

Creates a statute of limitations for prosecuting involuntary sexual servitude of a minor, involuntary servitude, and trafficking in persons when the victim was under the age of 18 at the time of the offense, using the same statute of limitations currently in place for related offenses.

Enables law enforcement entities enforcing prostitution-related offenses to collect impoundment fees passed under the 2010 Safe Children Act even if the charges were filed under a local ordinance.

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 toensure 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.

Who Needs to Know About these Laws?

Assistant Public DefendersThe Private Defense BarAssistant State’s AttorneysJudgesCourt ClerksLocal police departmentsLocal elected officialsService providersLegal Advocates

What Can You Do To Help? Include a few slides in your professional

trainings; Reference the laws in your public

remarks or presentations; Direct stakeholders to

www.enddemandillinois.org/our-work for additional details or to download resources;

Download this power point presentation at www.enddemandillinois.org;

Incorporate the new laws into your institutional or individual advocacy.

Contact Information:Lynne Johnsonpolicy director

773-244-2230 ext 205lynne@caase.org www.caase.org

www.enddemandillinois.org

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