Full Text of HB1469 94th General Assembly
HB1469sam002 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 5/17/2005
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09400HB1469sam002 |
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LRB094 09450 RLC 46391 a |
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| AMENDMENT TO HOUSE BILL 1469
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| AMENDMENT NO. ______. Amend House Bill 1469 on page 5, by | 3 |
| inserting immediately below line 10 the following:
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| "(720 ILCS 5/10A-15 new) | 5 |
| Sec. 10A-15. Forfeitures. | 6 |
| (a) A person who commits the offense of involuntary | 7 |
| servitude, involuntary servitude of a minor, or trafficking of | 8 |
| persons for forced labor or services under Section 10A-10 of | 9 |
| this Code shall forfeit to the State of Illinois any profits or | 10 |
| proceeds and any interest or property he or she has acquired or | 11 |
| maintained in violation of Section 10A-10 of this Code that the | 12 |
| sentencing court determines, after a forfeiture hearing, to | 13 |
| have been acquired or maintained as a result of maintaining a | 14 |
| person in involuntary servitude or participating in | 15 |
| trafficking in persons for forced labor or services. | 16 |
| (b) The court shall, upon petition by the Attorney General | 17 |
| or State's Attorney at any time following sentencing, conduct a | 18 |
| hearing to determine whether any property or property interest | 19 |
| is subject to forfeiture under this Section. At the forfeiture | 20 |
| hearing the people shall have the burden of establishing, by a | 21 |
| preponderance of the evidence, that property or property | 22 |
| interests are subject to forfeiture under this Section. | 23 |
| (c) In any action brought by the People of the State of | 24 |
| Illinois under this Section, wherein any restraining order, | 25 |
| injunction, or prohibition or any other action in connection |
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LRB094 09450 RLC 46391 a |
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| with any property or interest subject to forfeiture under this | 2 |
| Section is sought, the circuit court presiding over the trial | 3 |
| of the person or persons charged with involuntary servitude, | 4 |
| involuntary servitude of a minor, or trafficking in persons for | 5 |
| forced labor or services shall first determine whether there is | 6 |
| probable cause to believe that the person or persons so charged | 7 |
| have committed the offense of involuntary servitude, | 8 |
| involuntary servitude of a minor, or trafficking in persons for | 9 |
| forced labor or services and whether the property or interest | 10 |
| is subject to forfeiture pursuant to this Section. In order to | 11 |
| make such a determination, prior to entering any such order, | 12 |
| the court shall conduct a hearing without a jury, wherein the | 13 |
| People shall establish that there is: (i) probable cause that | 14 |
| the person or persons so charged have committed the offense of | 15 |
| involuntary servitude, involuntary servitude of a minor, or | 16 |
| trafficking in persons for forced labor or services and (ii) | 17 |
| probable cause that any property or interest may be subject to | 18 |
| forfeiture pursuant to this Section. The hearing may be | 19 |
| conducted simultaneously with a preliminary hearing, if the | 20 |
| prosecution is commenced by information or complaint, or by | 21 |
| motion of the People, at any stage in the proceedings. The | 22 |
| court may accept a finding of probable cause at a preliminary | 23 |
| hearing following the filing of an information charging the | 24 |
| offense of involuntary servitude, involuntary servitude of a | 25 |
| minor, or trafficking in persons for forced labor or services | 26 |
| or the return of an indictment by a grand jury charging the | 27 |
| offense of involuntary servitude, involuntary servitude of a | 28 |
| minor, or trafficking in persons for forced labor or services | 29 |
| as sufficient evidence of probable cause as provided in item | 30 |
| (i) of this subsection (c). Upon such a finding, the circuit | 31 |
| court shall enter such restraining order, injunction or | 32 |
| prohibition, or shall take such other action in connection with | 33 |
| any such property or other interest subject to forfeiture, as | 34 |
| is necessary to insure that such property is not removed from |
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| the jurisdiction of the court, concealed, destroyed, or | 2 |
| otherwise disposed of by the owner of that property or interest | 3 |
| prior to a forfeiture hearing under this Section. The Attorney | 4 |
| General or State's Attorney shall file a certified copy of the | 5 |
| restraining order, injunction, or other prohibition with the | 6 |
| recorder of deeds or registrar of titles of each county where | 7 |
| any such property of the defendant may be located. No such | 8 |
| injunction, restraining order, or other prohibition shall | 9 |
| affect the rights of any bona fide purchaser, mortgagee, | 10 |
| judgment creditor, or other lien holder arising prior to the | 11 |
| date of such filing. The court may, at any time, upon verified | 12 |
| petition by the defendant or an innocent owner or innocent bona | 13 |
| fide third party lien holder who neither had knowledge of, nor | 14 |
| consented to, the illegal act or omission, conduct a hearing to | 15 |
| release all or portions of any such property or interest that | 16 |
| the court previously determined to be subject to forfeiture or | 17 |
| subject to any restraining order, injunction, or prohibition or | 18 |
| other action. The court may release such property to the | 19 |
| defendant or innocent owner or innocent bona fide third party | 20 |
| lien holder who neither had knowledge of, nor consented to, the | 21 |
| illegal act or omission for good cause shown and within the | 22 |
| sound discretion of the court. | 23 |
| (d) Upon conviction of a person of involuntary servitude, | 24 |
| involuntary servitude of a minor, or trafficking in persons for | 25 |
| forced labor or services, the court shall authorize the | 26 |
| Attorney General to seize all property or other interest | 27 |
| declared forfeited under this Section upon such terms and | 28 |
| conditions as the court shall deem proper. | 29 |
| (e) All monies forfeited and the sale proceeds of all other | 30 |
| property forfeited and seized under this Section shall be | 31 |
| distributed as follows: | 32 |
| (1) one-half shall be divided equally among all State | 33 |
| agencies and units of local government whose officers or | 34 |
| employees conducted the investigation that resulted in the |
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| forfeiture; and | 2 |
| (2) one-half shall be deposited into the Violent Crime
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| Victims Assistance Fund and targeted to services for | 4 |
| victims of the offenses of involuntary servitude, | 5 |
| involuntary servitude of a minor, and trafficking of | 6 |
| persons for forced labor or services.
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| (720 ILCS 5/10A-20 new) | 8 |
| Sec. 10A-20. Certification. The Attorney General, State's | 9 |
| Attorneys, or any law enforcement official shall certify in | 10 |
| writing to the United States Department of Justice or other | 11 |
| federal agency, such as the United States Department of | 12 |
| Homeland Security, that an investigation or prosecution under | 13 |
| this Article 10A has begun and the individual who is a likely | 14 |
| victim of a crime described in this Article 10A is willing to | 15 |
| cooperate or is cooperating with the investigation to enable | 16 |
| the individual, if eligible under federal law, to qualify for | 17 |
| an appropriate special immigrant visa and to access available | 18 |
| federal benefits. Cooperation with law enforcement shall not be | 19 |
| required of victims of a crime described in this Article 10A | 20 |
| who are under 18 years of age. This certification shall be made | 21 |
| available to the victim and his or her designated legal | 22 |
| representative. ".
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