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91_HB3986eng
HB3986 Engrossed LRB9111284RCpk
1 AN ACT to amend certain Acts in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 11-20.1A, 11-20.2, and 26-4 as follows:
6 (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
7 Sec. 11-20.1A. (a) A person who commits the offense of
8 keeping a place of juvenile prostitution, exploitation of a
9 child or child pornography under Sections 11-17.1, 11-19.2 or
10 11-20.1 of this Code, shall forfeit to the State of Illinois:
11 (1) any profits or proceeds and any interest or
12 property he has acquired or maintained in violation of
13 Sections 11-17.1, 11-19.2 or 11-20.1 of this Code that
14 the sentencing court determines, after a forfeiture
15 hearing, to have been acquired or maintained as a result
16 of keeping a place of juvenile prostitution, exploitation
17 of a child or child pornography; and
18 (2) any interest in, security of, claim against, or
19 property or contractual right of any kind affording a
20 source of influence over, any enterprise which he has
21 established, operated, controlled or conducted in
22 violation of Sections 11-17.1, 11-19.2 or 11-20.1 of this
23 Code that the sentencing court determines, after a
24 forfeiture hearing, to have been acquired or maintained
25 as a result of keeping a place of juvenile prostitution,
26 exploitation of a child or child pornography; and.
27 (3) any computer that contains a depiction of child
28 pornography in any encoded or decoded format in violation
29 of Section 11-20.1 of this Code. For purposes of this
30 paragraph (3), "computer" has the meaning ascribed to it
31 in Section 16D-2 of this Code.
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1 (b) (1) The court shall, upon petition by the Attorney
2 General or State's Attorney at any time following
3 sentencing, conduct a hearing to determine whether any
4 property or property interest is subject to forfeiture
5 under this Section. At the forfeiture hearing the people
6 shall have the burden of establishing, by a preponderance
7 of the evidence, that property or property interests are
8 subject to forfeiture under this Section.
9 (2) In any action brought by the People of the
10 State of Illinois under this Section, wherein any
11 restraining order, injunction or prohibition or any other
12 action in connection with any property or interest
13 subject to forfeiture under this Section is sought, the
14 circuit court presiding over the trial of the person or
15 persons charged with keeping a place of juvenile
16 prostitution, exploitation of a child or child
17 pornography shall first determine whether there is
18 probable cause to believe that the person or persons so
19 charged have committed the offense of keeping a place of
20 juvenile prostitution, exploitation of a child or child
21 pornography and whether the property or interest is
22 subject to forfeiture pursuant to this Section. In order
23 to make such a determination, prior to entering any such
24 order, the court shall conduct a hearing without a jury,
25 wherein the People shall establish that there is: (i)
26 probable cause that the person or persons so charged have
27 committed the offense of keeping a place of juvenile
28 prostitution, exploitation of a child or child
29 pornography and (ii) probable cause that any property or
30 interest may be subject to forfeiture pursuant to this
31 Section. Such hearing may be conducted simultaneously
32 with a preliminary hearing, if the prosecution is
33 commenced by information or complaint, or by motion of
34 the People, at any stage in the proceedings. The court
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1 may accept a finding of probable cause at a preliminary
2 hearing following the filing of an information charging
3 the offense of keeping a place of juvenile prostitution,
4 exploitation of a child or child pornography or the
5 return of an indictment by a grand jury charging the
6 offense of keeping a place of juvenile prostitution,
7 exploitation of a child or child pornography as
8 sufficient evidence of probable cause as provided in item
9 (i) above. Upon such a finding, the circuit court shall
10 enter such restraining order, injunction or prohibition,
11 or shall take such other action in connection with any
12 such property or other interest subject to forfeiture, as
13 is necessary to insure that such property is not removed
14 from the jurisdiction of the court, concealed, destroyed
15 or otherwise disposed of by the owner of that property or
16 interest prior to a forfeiture hearing under this
17 Section. The Attorney General or State's Attorney shall
18 file a certified copy of such restraining order,
19 injunction or other prohibition with the recorder of
20 deeds or registrar of titles of each county where any
21 such property of the defendant may be located. No such
22 injunction, restraining order or other prohibition shall
23 affect the rights of any bona fide purchaser, mortgagee,
24 judgment creditor or other lienholder arising prior to
25 the date of such filing. The court may, at any time, upon
26 verified petition by the defendant or an innocent owner
27 or innocent bona fide third party lienholder who neither
28 had knowledge of, nor consented to, the illegal act or
29 omission, conduct a hearing to release all or portions of
30 any such property or interest which the court previously
31 determined to be subject to forfeiture or subject to any
32 restraining order, injunction, or prohibition or other
33 action. The court may release such property to the
34 defendant or innocent owner or innocent bona fide third
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1 party lienholder who neither had knowledge of, nor
2 consented to, the illegal act or omission for good cause
3 shown and within the sound discretion of the court.
4 A forfeiture under this Section may be commenced by
5 the Attorney General or a State's Attorney.
6 (3) Upon conviction of a person of keeping a place
7 of juvenile prostitution, exploitation of a child or
8 child pornography, the court shall authorize the Attorney
9 General to seize all property or other interest declared
10 forfeited under this Section upon such terms and
11 conditions as the court shall deem proper.
12 (4) The Attorney General is authorized to sell all
13 property forfeited and seized pursuant to this Section,
14 unless such property is required by law to be destroyed
15 or is harmful to the public, and, after the deduction of
16 all requisite expenses of administration and sale, shall
17 distribute the proceeds of such sale, along with any
18 moneys forfeited or seized, in accordance with subsection
19 (c) of this Section.
20 (c) All monies forfeited and the sale proceeds of all
21 other property forfeited and seized under this Section shall
22 be distributed as follows:
23 (1) One-half shall be divided equally among all
24 State agencies and units of local government whose
25 officers or employees conducted the investigation which
26 resulted in the forfeiture; and
27 (2) One-half shall be deposited in the Violent Crime
28 Victims Assistance Fund.
29 (Source: P.A. 91-229, eff. 1-1-00.)
30 (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
31 Sec. 11-20.2. Report of child pornography to peace
32 officer.
33 (a) Any commercial film and photographic print processor
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1 or any person who services or repairs computers who has
2 knowledge of or observes, within the scope of his or her
3 professional capacity or employment, any film, photograph,
4 videotape, negative or slide or any data stored in computer
5 memory in any format which depicts a child whom the
6 processor or person who services or repairs the computer
7 knows or reasonably should know to be under the age of 18
8 where such child is:
9 (i) actually or by simulation engaged in any act of
10 sexual intercourse with any person or animal; or
11 (ii) actually or by simulation engaged in any act
12 of sexual contact involving the sex organs of the child
13 and the mouth, anus, or sex organs of another person or
14 animal; or which involves the mouth, anus or sex organs
15 of the child and the sex organs of another person or
16 animal; or
17 (iii) actually or by simulation engaged in any act
18 of masturbation; or
19 (iv) actually or by simulation portrayed as being
20 the object of, or otherwise engaged in, any act of lewd
21 fondling, touching, or caressing involving another person
22 or animal; or
23 (v) actually or by simulation engaged in any act of
24 excretion or urination within a sexual context; or
25 (vi) actually or by simulation portrayed or
26 depicted as bound, fettered, or subject to sadistic,
27 masochistic, or sadomasochistic abuse in any sexual
28 context; shall report such instance to a peace officer
29 immediately or as soon as possible.
30 (b) Failure to make the report required by subsection
31 (a) is a petty such report shall be a business offense with a
32 fine of $1,000.
33 (c) For the purposes of this Section, "computer" and
34 "data" have the meanings ascribed to them in Section 16D-2 of
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1 this Code.
2 (Source: P.A. 84-1280.)
3 (720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
4 Sec. 26-4. Unauthorized videotaping.
5 (a) It is unlawful for any person to videotape,
6 photograph, or film another person without that person's
7 consent in a restroom, tanning bed, or tanning salon.
8 (a-5) It is unlawful for any person to disseminate on
9 the Internet any images of another person in a restroom
10 without that other person's consent. For purposes of this
11 subsection (a-5), "Internet" includes the World Wide Web,
12 electronic mail, a news group posting, or Internet file
13 transfer.
14 (b) Exemptions. The following activities shall be
15 exempt from the provisions of this Section:
16 (1) Videotaping, photographing, and filming by law
17 enforcement officers pursuant to a criminal
18 investigation, which is otherwise lawful;
19 (2) Videotaping, photographing, and filming by
20 correctional officials for security reasons or for
21 investigation of alleged misconduct involving a person
22 committed to the Department of Corrections.
23 (c) The provisions of this Section do not apply to any
24 sound recording of an oral conversation made as the result of
25 the videotaping or filming, and to which Article 14 of this
26 Code applies.
27 (d) Sentence. A violation of subsection (a) or (a-5) is
28 a Class A misdemeanor.
29 (Source: P.A. 87-970.)
30 Section 10. The Sex Offender Registration Act is amended
31 by changing Section 2 as follows:
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1 (730 ILCS 150/2) (from Ch. 38, par. 222)
2 Sec. 2. Definitions. As used in this Article, the
3 following definitions apply:
4 (A) "Sex offender" means any person who is:
5 (1) charged pursuant to Illinois law, or any
6 substantially similar federal, sister state, or foreign
7 country law, with a sex offense set forth in subsection
8 (B) of this Section or the attempt to commit an included
9 sex offense, and:
10 (a) is convicted of such offense or an attempt
11 to commit such offense; or
12 (b) is found not guilty by reason of insanity
13 of such offense or an attempt to commit such
14 offense; or
15 (c) is found not guilty by reason of insanity
16 pursuant to Section 104-25(c) of the Code of
17 Criminal Procedure of 1963 of such offense or an
18 attempt to commit such offense; or
19 (d) is the subject of a finding not resulting
20 in an acquittal at a hearing conducted pursuant to
21 Section 104-25(a) of the Code of Criminal Procedure
22 of 1963 for the alleged commission or attempted
23 commission of such offense; or
24 (e) is found not guilty by reason of insanity
25 following a hearing conducted pursuant to a federal,
26 sister state, or foreign country law substantially
27 similar to Section 104-25(c) of the Code of Criminal
28 Procedure of 1963 of such offense or of the
29 attempted commission of such offense; or
30 (f) is the subject of a finding not resulting
31 in an acquittal at a hearing conducted pursuant to a
32 federal, sister state, or foreign country law
33 substantially similar to Section 104-25(a) of the
34 Code of Criminal Procedure of 1963 for the alleged
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1 violation or attempted commission of such offense;
2 or
3 (2) certified as a sexually dangerous person
4 pursuant to the Illinois Sexually Dangerous Persons Act,
5 or any substantially similar federal, sister state, or
6 foreign country law; or
7 (3) subject to the provisions of Section 2 of the
8 Interstate Agreements on Sexually Dangerous Persons Act;
9 or
10 (4) found to be a sexually violent person pursuant
11 to the Sexually Violent Persons Commitment Act or any
12 substantially similar federal, sister state, or foreign
13 country law.
14 Convictions that result from or are connected with the
15 same act, or result from offenses committed at the same time,
16 shall be counted for the purpose of this Article as one
17 conviction. Any conviction set aside pursuant to law is not
18 a conviction for purposes of this Article.
19 (A-5) "Juvenile sex offender" means any person who is
20 adjudicated a juvenile delinquent as the result of the
21 commission of or attempt to commit a violation set forth in
22 item (B), (C), or (C-5) of this Section or a violation of any
23 substantially similar federal, sister state, or foreign
24 country law. For purposes of this Section, "convicted" shall
25 have the same meaning as "adjudicated".
26 (B) As used in this Section, "sex offense" means:
27 (1) A violation of any of the following Sections of
28 the Criminal Code of 1961:
29 11-20.1 (child pornography),
30 11-6 (indecent solicitation of a child),
31 11-9.1 (sexual exploitation of a child),
32 11-15.1 (soliciting for a juvenile prostitute),
33 11-18.1 (patronizing a juvenile prostitute),
34 11-17.1 (keeping a place of juvenile
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1 prostitution),
2 11-19.1 (juvenile pimping),
3 11-19.2 (exploitation of a child),
4 12-13 (criminal sexual assault),
5 12-14 (aggravated criminal sexual assault),
6 12-14.1 (predatory criminal sexual assault of a
7 child),
8 12-15 (criminal sexual abuse),
9 12-16 (aggravated criminal sexual abuse),
10 12-33 (ritualized abuse of a child).
11 An attempt to commit any of these offenses.
12 (1.5) A felony violation of any of the following
13 Sections of the Criminal Code of 1961, when the victim is
14 a person under 18 years of age, the defendant is not a
15 parent of the victim, and the offense was committed on or
16 after January 1, 1996:
17 10-1 (kidnapping),
18 10-2 (aggravated kidnapping),
19 10-3 (unlawful restraint),
20 10-3.1 (aggravated unlawful restraint).
21 An attempt to commit any of these offenses.
22 (1.6) First degree murder under Section 9-1 of the
23 Criminal Code of 1961, when the victim was a person under
24 18 years of age, the defendant was at least 17 years of
25 age at the time of the commission of the offense, and the
26 offense was committed on or after June 1, 1996.
27 (1.7) (Blank).
28 (1.8) A violation or attempted violation of Section
29 11-11 (sexual relations within families) of the Criminal
30 Code of 1961, when the victim was a person under 18 years
31 of age and the offense was committed on or after June 1,
32 1997.
33 (1.9) Child abduction under paragraph (10) of
34 subsection (b) of Section 10-5 of the Criminal Code of
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1 1961 committed by luring or attempting to lure a child
2 under the age of 16 into a motor vehicle, building,
3 housetrailer, or dwelling place without the consent of
4 the parent or lawful custodian of the child for other
5 than a lawful purpose and the offense was committed on or
6 after January 1, 1998.
7 (1.10) A violation or attempted violation of any of
8 the following Sections of the Criminal Code of 1961 when
9 the offense was committed on or after the effective date
10 of this amendatory Act of the 91st General Assembly:
11 10-4 (forcible detention, if the victim is
12 under 18 years of age),
13 11-6.5 (indecent solicitation of an adult),
14 11-15 (soliciting for a prostitute, if the
15 victim is under 18 years of age),
16 11-16 (pandering, if the victim is under 18
17 years of age),
18 11-18 (patronizing a prostitute, if the victim
19 is under 18 years of age),
20 11-19 (pimping, if the victim is under 18
21 years of age).
22 (2) A violation of any former law of this State
23 substantially equivalent to any offense listed in
24 subsection (B)(1) of this Section.
25 (C) A conviction for an offense of federal law or the
26 law of another state or a foreign country that is
27 substantially equivalent to any offense listed in subsection
28 (B) of this Section shall constitute a conviction for the
29 purpose of this Article. A finding or adjudication as a
30 sexually dangerous person or a sexually violent person under
31 any federal law or law of another state or foreign country
32 that is substantially equivalent to the Sexually Dangerous
33 Persons Act or the Sexually Violent Persons Commitment Act
34 shall constitute an adjudication for the purposes of this
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1 Article.
2 (C-5) A person at least 17 years of age at the time of
3 the commission of the offense who is convicted of first
4 degree murder under Section 9-1 of the Criminal Code of 1961,
5 committed on or after June 1, 1996 against a person under 18
6 years of age, shall be required to register for natural life.
7 (D) As used in this Article, "law enforcement agency
8 having jurisdiction" means the Chief of Police in the
9 municipality in which the sex offender expects to reside (1)
10 upon his or her discharge, parole or release or (2) during
11 the service of his or her sentence of probation or
12 conditional discharge, or the Sheriff of the county, in the
13 event no Police Chief exists or if the offender intends to
14 reside in an unincorporated area. "Law enforcement agency
15 having jurisdiction" includes the location where out-of-state
16 students attend school and where out-of-state employees are
17 employed or are otherwise required to register.
18 (E) As used in this Article, "sexual predator" means any
19 person who, after the effective date of this amendatory Act
20 of the 91st General Assembly, is:
21 (1) Convicted of a violation of any of the
22 following Sections of the Criminal Code of 1961 and the
23 conviction occurred after the effective date of this
24 amendatory Act of the 91st General Assembly:
25 11-17.1 (keeping a place of juvenile
26 prostitution),
27 11-19.1 (juvenile pimping),
28 11-19.2 (exploitation of a child),
29 11-20.1 (child pornography),
30 12-13 (criminal sexual assault, if the victim
31 is a person under 12 years of age),
32 12-14 (aggravated criminal sexual assault),
33 12-14.1 (predatory criminal sexual assault of
34 a child),
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1 12-16 (aggravated criminal sexual abuse),
2 12-33 (ritualized abuse of a child); or
3 (2) convicted of first degree murder under Section
4 9-1 of the Criminal Code of 1961, notwithstanding that
5 victim was a person under 18 years of age and the
6 defendant was at least 17 years of age at the time of the
7 commission of the offense; or
8 (3) certified as a sexually dangerous person
9 pursuant to the Sexually Dangerous Persons Act or any
10 substantially similar federal, sister state, or foreign
11 country law; or
12 (4) found to be a sexually violent person pursuant
13 to the Sexually Violent Persons Commitment Act or any
14 substantially similar federal, sister state, or foreign
15 country law; or
16 (5) convicted of a second or subsequent offense
17 which requires registration pursuant to this Act. The
18 conviction for the second or subsequent offense must have
19 occurred after the effective date of this amendatory Act
20 of the 91st General Assembly. For purposes of this
21 paragraph (5), "convicted" includes a conviction under
22 any substantially similar Illinois, federal, sister
23 state, or foreign country law.
24 As used in this Article, "sexual predator" also includes
25 a person who has been charged with indecent solicitation of a
26 child under Section 11-6 or child pornography under Section
27 11-20.1 of the Criminal Code of 1961 in which the basis of
28 the charges are that the defendant attempted to solicit a
29 child by means of the Internet or disseminated child
30 pornography by means of the Internet; notwithstanding that
31 the charges have been dismissed or the defendant has been
32 convicted of a lesser included offense arising out of the
33 same conduct. For purposes of this paragraph (E), "Internet"
34 includes e-mail, a computer chat room, newsgroup, or World
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1 Wide Web.
2 (F) As used in this Article, "out-of-state student"
3 means any sex offender or sexual predator who is enrolled in
4 Illinois, on a full-time or part-time basis, in any public or
5 private educational institution, including, but not limited
6 to, any secondary school, trade or professional institution,
7 or institution of higher learning.
8 (G) As used in this Article, "out-of-state employee"
9 means any sex offender or sexual predator who works in
10 Illinois, regardless of whether the individual receives
11 payment for services performed, for a period of time
12 exceeding 14 days or for an aggregate period of time
13 exceeding 30 days during any calendar year. Persons who
14 operate motor vehicles in the State accrue one day of
15 employment time for any portion of a day spent in Illinois.
16 (Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
17 90-655, eff. 7-30-98; 91-48, eff. 7-1-99.)
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