Illinois Compiled Statutes
Chapter 740 - CIVIL LIABILITIES
740 ILCS 128/ - Trafficking Victims Protection Act.

(740 ILCS 128/1)
Sec. 1. Short title. This Act may be cited as the Trafficking Victims Protection Act.

(Source: P.A. 100-939, eff. 1-1-19.)
 
(740 ILCS 128/5)
Sec. 5. Purpose. The purpose of this Act is to allow persons who have been or who are subjected to the sex trade, involuntary servitude, or human trafficking to seek civil damages and remedies from individuals and entities that recruited, harmed, profited from, or maintained them in the sex trade or involuntary servitude or subjected them to human trafficking.


(Source: P.A. 100-939, eff. 1-1-19.)
 
(740 ILCS 128/10)
Sec. 10. Definitions. As used in this Act:
"Human trafficking" means a violation or attempted violation of subsection (d) of Section 10-9 of the Criminal Code of 2012.
"Involuntary servitude" means a violation or attempted violation of subsection (b) of Section 10-9 of the Criminal Code of 2012.
"Sex trade" means a violation or attempted violation of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3 (promoting prostitution); 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting for a prostitute); 11-15.1 (soliciting for a juvenile prostitute); 11-16 (pandering); 11-17 (keeping a place of prostitution); 11-17.1 (keeping a place of juvenile prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and aggravated juvenile pimping); 11-19.2 (exploitation of a child); 11-20 (obscenity); 11-20.1 (child pornography); 11-20.1B or 11-20.3 (aggravated child pornography); or subsection (c) of Section 10-9 (involuntary sexual servitude of a minor).
"Sex trade" activity may involve adults and youth of all genders and sexual orientations.
"Victim of the sex trade" means, for the following sex trade acts, the person or persons indicated:
(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
 
(740 ILCS 128/15)
Sec. 15. Cause of action.
(a) A victim of the sex trade, involuntary servitude, or human trafficking may bring an action in civil court under this Act.
(a-1) A legal guardian, agent of the victim, court appointee, or, with the express written consent of the victim, organization that represents the interests of or serves victims may bring a cause of action on behalf of a victim. An action may also be brought by a government entity responsible for enforcing the laws of this State.
(b) A victim of the sex trade has a cause of action against a person or entity who:
(b-1) A victim of involuntary servitude or human trafficking has a cause of action against any person or entity who knowingly subjects, attempts to subject, or engages in a conspiracy to subject the victim to involuntary servitude or human trafficking.
(c) This Section shall not be construed to create liability to any person or entity who provides goods or services to the general public, who also provides those goods or services to persons who would be liable under subsection (b) of this Section, absent a showing that the person or entity either:
(d) The standard of proof in any action brought under this Section is a preponderance of the evidence.
(Source: P.A. 100-939, eff. 1-1-19; 100-1156, eff. 12-19-18.)
 
(740 ILCS 128/20)
Sec. 20. Relief. A prevailing victim of the sex trade, involuntary servitude, or human trafficking shall be entitled to all relief that would make him or her whole. This includes, but is not limited to:
(Source: P.A. 100-939, eff. 1-1-19.)
 
(740 ILCS 128/25)
Sec. 25. Non-defenses.
(a) It is not a defense to an action brought under this Act that:
(b) Any illegality of the sex trade activity, human, or services on the part of the victim of the sex trade, involuntary servitude, or human trafficking shall not be an affirmative defense to any action brought under this Act.

(Source: P.A. 100-939, eff. 1-1-19.)
 
(740 ILCS 128/30)
Sec. 30. Evidence. Related to a cause of action under this Act, the fact that a plaintiff or other witness has testified under oath or given evidence relating to an act that may be a violation of any provision of the Criminal Code of 2012 shall not be construed to require the State's Attorney to criminally charge any person for such violation.

(Source: P.A. 97-1150, eff. 1-25-13.)
 
(740 ILCS 128/35)
Sec. 35. Remedies preserved. This Act does 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 victim of the sex trade in the sex trade nor does this Act limit or restrict the liability of any person under other law. This Act does not reflect a determination of a policy regarding the applicability of strict liability to activities relating to the sex trade.

(Source: P.A. 94-998, eff. 7-3-06.)
 
(740 ILCS 128/40)
Sec. 40. Double recovery prohibited. Any person who recovers damages under this Act may not recover the same costs or damages under any other Act. A person who recovers damages under any other Act may not recover for the same costs or damages under this Act.

(Source: P.A. 94-998, eff. 7-3-06.)
 
(740 ILCS 128/45)
Sec. 45. No avoidance of liability. No person may avoid liability under this Act by means of any conveyance of any right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement that purports to show consent of the victim of the sex trade, involuntary servitude, or human trafficking.

(Source: P.A. 100-939, eff. 1-1-19.)
 
(740 ILCS 128/55)
Sec. 55. Severability. 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 application of this Act that can be given effect without the invalid provision or application.

(Source: P.A. 94-998, eff. 7-3-06.)
 
(740 ILCS 128/80)
Sec. 80. (Amendatory provisions; text omitted).

(Source: P.A. 94-998, eff. 7-3-06; text omitted.)
 
(740 ILCS 128/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 94-998, eff. 7-3-06.)

Structure Illinois Compiled Statutes