(725 ILCS 5/116-2.1) Sec. 116-2.1. Motion to vacate prostitution convictions for sex trafficking victims. (a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance and the defendant's participation in the offense was a result of having been a trafficking victim under Section 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons) of the Criminal Code of 1961 or the Criminal Code of 2012; or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. Section 7102(13)); provided that: (1) a motion under this Section shall state why the |
| facts giving rise to this motion were not presented to the trial court, and shall be made with due diligence, after the defendant has ceased to be a victim of such trafficking or has sought services for victims of such trafficking, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking that may be jeopardized by the bringing of such motion, or for other reasons consistent with the purpose of this Section; and
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(2) reasonable notice of the motion shall be served
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(b) The court may grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking. Evidence of such may include, but is not limited to:
(1) certified records of federal or State court
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| proceedings which demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
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(2) certified records of "approval notices" or "law
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| enforcement certifications" generated from federal immigration proceedings available to such victims; or
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(3) a sworn statement from a trained professional
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| staff of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the defendant has sought assistance in addressing the trauma associated with being trafficked.
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Alternatively, the court may consider such other evidence as it deems of sufficient credibility and probative value in determining whether the defendant is a trafficking victim or victim of a severe form of trafficking.
(c) If the court grants a motion under this Section, it must vacate the conviction and may take such additional action as is appropriate in the circumstances.
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/116-3)
Sec. 116-3. Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at
trial or guilty plea regarding
actual innocence.
(a) A defendant may make a motion before the trial court that entered the
judgment of conviction in his or her case for the performance of fingerprint, Integrated Ballistic Identification System, or
forensic DNA testing, including comparison analysis of genetic marker
groupings of the evidence collected by criminal justice agencies pursuant to
the alleged offense, to those of the defendant, to those of other forensic
evidence, and to those maintained
under subsection (f) of Section 5-4-3 of the Unified Code of Corrections,
on evidence that was secured in relation
to the trial or guilty plea which resulted in his or her conviction, and:
(1) was not subject to the testing which is now |
| requested at the time of trial; or
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(2) although previously subjected to testing, can be
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| subjected to additional testing utilizing a method that was not scientifically available at the time of trial that provides a reasonable likelihood of more probative results.
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Reasonable notice of the motion shall be served upon the State.
(b) The defendant must present a prima facie case that:
(1) identity was the issue in the trial or guilty
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| plea which resulted in his or her conviction; and
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(2) the evidence to be tested has been subject to a
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| chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material aspect.
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(c) The trial court shall allow the testing under reasonable conditions
designed to protect the State's interests in the integrity of the evidence and
the testing process upon a determination that:
(1) the result of the testing has the scientific
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| potential to produce new, noncumulative evidence (i) materially relevant to the defendant's assertion of actual innocence when the defendant's conviction was the result of a trial, even though the results may not completely exonerate the defendant, or (ii) that would raise a reasonable probability that the defendant would have been acquitted if the results of the evidence to be tested had been available prior to the defendant's guilty plea and the petitioner had proceeded to trial instead of pleading guilty, even though the results may not completely exonerate the defendant; and
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(2) the testing requested employs a scientific method
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| generally accepted within the relevant scientific community.
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(d) If evidence previously tested pursuant to this Section reveals an unknown fingerprint from the crime scene that does not match the defendant or the victim, the order of the Court shall direct the prosecuting authority to request the Illinois State Police Bureau of Forensic Science to submit the unknown fingerprint evidence into the FBI's Integrated Automated Fingerprint Identification System (AIFIS) for identification.
(e) In the court's order to allow testing, the court shall order the investigating authority to prepare an inventory of
the evidence related to the case and issue a copy of the
inventory to the prosecution, the petitioner, and the court.
(f) When a motion is filed to vacate based on favorable
post-conviction testing results, the State may, upon
request, reactivate victim services for the victim of the
crime
during the pendency of the proceedings, and, as determined by
the court after consultation with the victim or victim
advocate, or both, following final adjudication of the case.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/116-4)
Sec. 116-4. Preservation of evidence for forensic testing.
(a) Before or after the trial in a prosecution for a violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 or in a prosecution for an offense defined in Article 9
of
that Code,
or in a prosecution for an attempt in violation of Section 8-4 of that Code
of any of the above-enumerated
offenses, unless otherwise provided herein under subsection (b) or (c), a law
enforcement agency
or an agent acting on behalf of the law enforcement agency shall
preserve, subject to a continuous chain of
custody, any
physical evidence
in their possession or control that is reasonably likely to contain forensic
evidence,
including, but not limited to, fingerprints or biological material
secured in relation to a trial and with sufficient
documentation to locate
that evidence.
(b) After a judgment of conviction is entered,
the evidence shall
either be impounded
with the Clerk of the Circuit Court or shall be securely retained by a law
enforcement agency.
Retention shall be
until the
completion of the sentence, including the period of mandatory supervised
release for the
offense, or January 1, 2006, whichever is later, for any conviction for an
offense or an attempt of an offense defined
in Article 9 of the Criminal Code of 1961 or the Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 or for 7 years following any conviction for any other felony for which
the
defendant's
genetic profile may be taken by a law enforcement agency and submitted for
comparison in a forensic DNA database for unsolved offenses.
(c) After a judgment of conviction is entered, the
law
enforcement agency
required to retain evidence described in subsection
(a) may petition the court
with notice to the
defendant or, in cases where the defendant has died, his estate, his attorney
of record, or an attorney appointed for that purpose by the court
for entry
of an order allowing it to dispose of evidence if, after a
hearing, the court
determines by a preponderance of the evidence that:
(1) it has no significant value for forensic science |
| analysis and should be returned to its rightful owner, destroyed, used for training purposes, or as otherwise provided by law; or
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(2) it has no significant value for forensic science
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| analysis and is of a size, bulk, or physical character not usually retained by the law enforcement agency and cannot practicably be retained by the law enforcement agency; or
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(3) there no longer exists a reasonable basis to
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| require the preservation of the evidence because of the death of the defendant.
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(d) The court may order the disposition of the evidence if the
defendant is allowed
the opportunity to take reasonable measures to remove or preserve portions of
the evidence in
question for future testing.
(d-5) Any order allowing the disposition of evidence pursuant to
subsection (c)
or (d)
shall be a final and appealable order. No evidence shall be disposed of until
30 days after
the order is entered, and if a notice of appeal is filed, no evidence shall be
disposed of
until the mandate has been received by the circuit court from the appellate
court.
(d-10) All records documenting the possession,
control, storage, and destruction of evidence and all police reports, evidence
control or inventory records, and other reports cited in this Section,
including computer records, must be
retained for as
long as the evidence exists and may not be disposed of without the approval of
the Local
Records Commission.
(e) In this Section, "law enforcement agency"
includes any of the following or an agent acting on behalf of any of the
following:
a municipal police department, county sheriff's office, any prosecuting
authority,
the Illinois State Police, or any other State, university, county,
federal, or
municipal police
unit or police force.
"Biological material" includes, but is not limited to, any blood, hair,
saliva, or semen from which
genetic marker groupings may be obtained.
(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24 .)
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(725 ILCS 5/116-5)
Sec. 116-5. Motion for DNA database search (genetic marker
groupings comparison analysis).
(a) Upon motion by a defendant
charged with any offense where
DNA evidence may be material
to the defense investigation or
relevant at trial, a court may
order a DNA database search
by the Illinois State Police. Such analysis may
include comparing:
(1) the genetic profile from forensic evidence that |
| was secured in relation to the trial against the genetic profile of the defendant,
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(2) the genetic profile of items of forensic evidence
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| secured in relation to trial to the genetic profile of other forensic evidence secured in relation to trial, or
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(3) the genetic profiles referred to in subdivisions
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(i) genetic profiles of offenders maintained
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| under subsection (f) of Section 5-4-3 of the Unified Code of Corrections, or
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(ii) genetic profiles, including but not limited
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| to, profiles from unsolved crimes maintained in state or local DNA databases by law enforcement agencies.
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(b) If appropriate federal criteria
are met, the court may order the
Illinois State Police to
request the National DNA
index system to search its
database of genetic profiles.
(c) If requested by the defense, a
defense representative shall be
allowed to view any genetic
marker grouping analysis
conducted by the Illinois State Police. The defense
shall be provided with copies of
all documentation,
correspondence, including
digital correspondence, notes,
memoranda, and reports
generated in relation to the
analysis.
(d) Reasonable notice of the
motion shall be served upon the
State.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/124A-20) Sec. 124A-20. Assessment waiver. (a) As used in this Section: "Assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, but does not include violation of the Illinois Vehicle Code assessments except as provided in subsection (a-5). "Indigent person" means any person who meets one or more of the following criteria: (1) He or she is receiving assistance under one or |
| more of the following means-based governmental public benefits programs: Supplemental Security Income; Aid to the Aged, Blind and Disabled; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; General Assistance; Transitional Assistance; or State Children and Family Assistance.
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(2) His or her available personal income is 200% or
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| less of the current poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are of a nature and value that the court determines that the applicant is able to pay the assessments.
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(3) He or she is, in the discretion of the court,
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| unable to proceed in an action with payment of assessments and whose payment of those assessments would result in substantial hardship to the person or his or her family.
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"Poverty level" means the current poverty level as established by the United States Department of Health and Human Services.
(a-5) In a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, including violation of the Illinois Vehicle Code assessments. This subsection is inoperative on and after July 1, 2024.
(b) For criminal offenses reflected in Schedules 1, 3, 4, 5, 7, and 8 of Article 15 of the Criminal and Traffic Assessment Act, upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing:
(1) If the court finds that the applicant is an
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| indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments.
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(2) The court shall grant the applicant a partial
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(A) 75% of all assessments shall be waived if the
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| applicant's available income is greater than 200% but no more than 250% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
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(B) 50% of all assessments shall be waived if the
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| applicant's available income is greater than 250% but no more than 300% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
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(C) 25% of all assessments shall be waived if the
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| applicant's available income is greater than 300% but no more than 400% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
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(b-5) For traffic and petty offenses reflected in Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and Traffic Assessment Act, upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing, the court shall grant the applicant a partial assessment as follows:
(1) 50% of all assessments shall be waived if the
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| court finds that the applicant is an indigent person or if the applicant's available income is not greater than 200% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
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(2) 37.5% of all assessments shall be waived if the
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| applicant's available income is greater than 200% but no more than 250% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
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(3) 25% of all assessments shall be waived if the
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| applicant's available income is greater than 250% but no more than 300% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
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(4) 12.5% of all assessments shall be waived if the
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| applicant's available income is greater than 300% but no more than 400% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
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(c) An application for a waiver of assessments shall be in writing, signed by the defendant or, if the defendant is a minor, by another person having knowledge of the facts, and filed no later than 30 days after sentencing. The contents of the application for a waiver of assessments, and the procedure for deciding the applications, shall be established by Supreme Court Rule. Factors to consider in evaluating an application shall include:
(1) the applicant's receipt of needs based
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| governmental public benefits, including Supplemental Security Income (SSI); Aid to the Aged, Blind and Disabled (AABD); Temporary Assistance for Needy Families (TANF); Supplemental Nutrition Assistance Program (SNAP or "food stamps"); General Assistance; Transitional Assistance; or State Children and Family Assistance;
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(2) the employment status of the applicant and amount
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| of monthly income, if any;
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(3) income received from the applicant's pension,
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| Social Security benefits, unemployment benefits, and other sources;
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(4) income received by the applicant from other
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(5) the applicant's monthly expenses, including
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| rent, home mortgage, other mortgage, utilities, food, medical, vehicle, childcare, debts, child support, and other expenses; and
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(6) financial affidavits or other similar supporting
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| documentation provided by the applicant showing that payment of the imposed assessments would result in substantial hardship to the applicant or the applicant's family.
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(d) The clerk of court shall provide the application for a waiver of assessments to any defendant who indicates an inability to pay the assessments. The clerk of the court shall post in a conspicuous place in the courthouse a notice, no smaller than 8.5 x 11 inches and using no smaller than 30-point typeface printed in English and in Spanish, advising criminal defendants they may ask the court for a waiver of any court ordered assessments. The notice shall be substantially as follows:
"If you are unable to pay the required assessments,
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| you may ask the court to waive payment of them. Ask the clerk of the court for forms."
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(e) For good cause shown, the court may allow an applicant whose application is denied or who receives a partial assessment waiver to defer payment of the assessments, make installment payments, or make payment upon reasonable terms and conditions stated in the order.
(f) Nothing in this Section shall be construed to affect the right of a party to court-appointed counsel, as authorized by any other provision of law or by the rules of the Illinois Supreme Court.
(g) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)
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(725 ILCS 5/124B-10)
Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following: (1) A violation of Section 10-9 or 10A-10 of the |
| Criminal Code of 1961 or the Criminal Code of 2012 (involuntary servitude; involuntary servitude of a minor; or trafficking in persons).
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(2) A violation of subdivision (a)(1) of Section
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| 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012 (promoting juvenile prostitution) or a violation of Section 11-17.1 of the Criminal Code of 1961 (keeping a place of juvenile prostitution).
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(3) A violation of subdivision (a)(4) of Section
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| 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012 (promoting juvenile prostitution) or a violation of Section 11-19.2 of the Criminal Code of 1961 (exploitation of a child).
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(4) A second or subsequent violation of Section 11-20
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| of the Criminal Code of 1961 or the Criminal Code of 2012 (obscenity).
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(5) A violation of Section 11-20.1 of the Criminal
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| Code of 1961 or the Criminal Code of 2012 (child pornography).
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(6) A violation of Section 11-20.1B or 11-20.3 of the
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| Criminal Code of 1961 (aggravated child pornography).
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(6.5) A violation of Section 11-23.5 of the Criminal
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(7) A violation of Section 12C-65 of the Criminal
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| Code of 2012 or Article 44 of the Criminal Code of 1961 (unlawful transfer of a telecommunications device to a minor).
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(8) A violation of Section 17-50 or Section 16D-5 of
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| the Criminal Code of 2012 or the Criminal Code of 1961 (computer fraud).
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(9) A felony violation of Section 17-6.3 or Article
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| 17B of the Criminal Code of 2012 or the Criminal Code of 1961 (WIC fraud).
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(10) A felony violation of Section 48-1 of the
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| Criminal Code of 2012 or Section 26-5 of the Criminal Code of 1961 (dog fighting).
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(11) A violation of Article 29D of the Criminal Code
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| of 1961 or the Criminal Code of 2012 (terrorism).
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(12) A felony violation of Section 4.01 of the Humane
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| Care for Animals Act (animals in entertainment).
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(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. 6-1-15 .)
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(725 ILCS 5/124B-100)
Sec. 124B-100. Definition; "offense". For purposes of this Article, "offense" is defined as follows: (1) In the case of forfeiture authorized under |
| Section 10A-15 of the Criminal Code of 1961 or Section 10-9 of the Criminal Code of 2012, "offense" means the offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons in violation of Section 10-9 or 10A-10 of those Codes.
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(2) In the case of forfeiture authorized under
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| subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of promoting juvenile prostitution or keeping a place of juvenile prostitution in violation of subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, of those Codes.
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(3) In the case of forfeiture authorized under
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| subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of promoting juvenile prostitution or exploitation of a child in violation of subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, of those Codes.
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(4) In the case of forfeiture authorized under
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| Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of obscenity in violation of that Section.
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(5) In the case of forfeiture authorized under
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| Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of child pornography in violation of Section 11-20.1 of that Code.
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(6) In the case of forfeiture authorized under
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| Section 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" means the offense of aggravated child pornography in violation of Section 11-20.1B or 11-20.3 of that Code.
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(7) In the case of forfeiture authorized under
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| Section 12C-65 of the Criminal Code of 2012 or Article 44 of the Criminal Code of 1961, "offense" means the offense of unlawful transfer of a telecommunications device to a minor in violation of Section 12C-65 or Article 44 of those Codes.
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(8) In the case of forfeiture authorized under
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| Section 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of computer fraud in violation of Section 17-50 or 16D-5 of those Codes.
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(9) In the case of forfeiture authorized under
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| Section 17-6.3 or Article 17B of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means any felony violation of Section 17-6.3 or Article 17B of those Codes.
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(10) In the case of forfeiture authorized under
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| Section 29D-65 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means any offense under Article 29D of that Code.
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(11) In the case of forfeiture authorized under
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| Section 4.01 of the Humane Care for Animals Act, Section 26-5 of the Criminal Code of 1961, or Section 48-1 of the Criminal Code of 2012, "offense" means any felony offense under either of those Sections.
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(12) In the case of forfeiture authorized under
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| Section 124B-1000(b) of the Code of Criminal Procedure of 1963, "offense" means an offense in violation of the Criminal Code of 1961, the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or an offense involving a telecommunications device possessed by a person on the real property of any elementary or secondary school without authority of the school principal.
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(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/124B-125) Sec. 124B-125. Real property exempt from forfeiture. (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the |
| conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture.
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(2) He or she had not acquired and did not stand to
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| acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms-length commercial transaction.
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(3) He or she does not hold the property for the
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| benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
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(4) He or she acquired the interest before a notice
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| of seizure for forfeiture or a lis pendens notice with respect to the property was filed in the office of the recorder of deeds of the county in which the property is located and either:
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(A) acquired the interest before the commencement
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| of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
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(B) acquired the interest after the commencement
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| of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
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(5) With respect to a property interest in existence
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| at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
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(A) did not know of the conduct giving rise to
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|
(B) upon learning of the conduct giving rise to
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| the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
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(6) The property is not a type of property,
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| possession of which is otherwise in violation of law.
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(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
(1) Gave timely notice to an appropriate law
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| enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
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|
(2) In a timely fashion revoked or made a good faith
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| attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
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A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10; 97-813, eff. 7-13-12.)
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(725 ILCS 5/124B-130) Sec. 124B-130. Personal property exempt from forfeiture. (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the |
| conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur.
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(2) He or she had not acquired and did not stand to
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| acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an arms-length commercial transaction.
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(3) He or she does not hold the property for the
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| benefit of or as a nominee for any person whose conduct gave rise to the forfeiture, and, if he or she acquired the interest through any such person, he or she acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture.
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|
(4) He or she acquired the interest without knowledge
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| of the seizure of the property for forfeiture and either:
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|
(A) acquired the interest before the commencement
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| of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
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|
(B) acquired the interest after the commencement
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| of the conduct giving rise to the forfeiture, and he or she acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct that gave rise to the forfeiture.
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(5) With respect to a property interest in existence
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| at the time the illegal conduct giving rise to the forfeiture took place, he or she either:
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(A) did not know of the conduct giving rise to
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(B) upon learning of the conduct giving rise to
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| the forfeiture, did all that reasonably could be expected under the circumstances to terminate that use of the property.
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(6) With respect to conveyances, he or she did not
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| hold the property jointly or in common with a person whose conduct gave rise to the forfeiture.
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(7) The property is not a type of property,
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| possession of which is otherwise in violation of law.
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(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following:
(1) Gave timely notice to an appropriate law
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| enforcement agency of information that led the person to know that the conduct giving rise to a forfeiture would occur or had occurred.
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(2) In a timely fashion revoked or made a good faith
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| attempt to revoke permission for those engaging in the conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
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A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10.)
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(725 ILCS 5/124B-170)
Sec. 124B-170. Judicial review. (a) Within 30 days after publication of the notice under Section 124B-165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the property. The claim must set forth the following: (1) The caption of the proceedings as set forth in |
| the notice of order of forfeiture.
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(2) The claimant's name and address.
(3) The nature and extent of the claimant's interest
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(4) The circumstances of the claimant's acquisition
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| of the interest in the property, including the date of the transfer and the identity of the transferor.
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(5) The names and addresses of all other persons
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| known by the claimant to have an interest in the property.
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(6) The specific provision of law relied on in
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| asserting that the property is not subject to forfeiture.
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(7) All essential facts supporting each assertion.
(8) The relief sought by the claimant.
(b) The claim must be accompanied by a cost bond in the form of a cashier's check payable to the clerk of the court in the amount of 10% of the reasonable value of the property as alleged by the Attorney General or State's Attorney or the amount of $100, whichever is greater, conditioned upon the claimant's payment, in the case of forfeiture, of all costs and expenses of the proceeding under this Section.
(c) Upon the filing of a claim and cost bond as provided in this Section, the court shall determine whether the property is subject to forfeiture in accordance with this Article. If none of the seized property is declared forfeited in a proceeding under this Section, then, unless the court orders otherwise, the clerk of the court shall return to the claimant 90% of the amount deposited with the clerk as a cost bond under this Section. If any of the seized property is declared forfeited in a proceeding under this Section, then the clerk of the court shall transfer 90% of the amount deposited with the clerk as a cost bond under this Section to the prosecuting authority. In either case, the clerk shall retain the remaining 10% of the amount deposited as costs for the proceeding under this Section.
(Source: P.A. 96-712, eff. 1-1-10.)
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