Sec. 13-225. Trafficking victims protection.

454 words·~2 min read·/il/chapter-735/act-5/13-225

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this Section, "human trafficking", "involuntary servitude", "sex trade", and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Trafficking Victims Protection Act.

(b)Subject to both subsections

(e)and

(f)and notwithstanding any other provision of law, an action under the Trafficking Victims Protection Act must be commenced within 25 years of the date the limitation period begins to run under subsection

(d)or within 25 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both

(i)that the sex trade, involuntary servitude, or human trafficking act occurred, and

(ii)that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade, involuntary servitude, or human trafficking 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, involuntary servitude, or human trafficking 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, involuntary servitude, or human trafficking act in the continuing series occurred, and

(ii)that the defendant caused, was responsible for, or profited from the series of sex trade, involuntary servitude, or human trafficking acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade, involuntary servitude, or human trafficking 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 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 Trafficking Victims Protection Act.