Full Text of SB1044 97th General Assembly
SB1044sam001 97TH GENERAL ASSEMBLY | Sen. A. J. Wilhelmi Filed: 4/13/2011
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| 1 | | AMENDMENT TO SENATE BILL 1044
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1044 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 124B-500 and by adding Part 650 to | 6 | | Article 124B as follows: | 7 | | (725 ILCS 5/124B-500) | 8 | | (Text of Section after amendment by P.A. 96-1551 ) | 9 | | Sec. 124B-500. Persons and property subject to forfeiture. | 10 | | A person who commits the offense of promoting juvenile | 11 | | prostitution, keeping a place of juvenile prostitution, or | 12 | | exploitation of a child , child pornography, or aggravated child | 13 | | pornography under subdivision (a)(1) or (a)(4) of Section | 14 | | 11-14.4 or under Section 11-17.1 or , 11-19.2 , 11-20.1, | 15 | | 11-20.1B, or 11-20.3 of the Criminal Code of 1961 shall forfeit | 16 | | the following property to the State
of Illinois: |
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| 1 | | (1) Any profits or proceeds and any property the person | 2 | | has acquired or maintained in violation of subdivision | 3 | | (a)(1) or (a)(4) of Section 11-14.4 or in violation of | 4 | | Section 11-17.1 or , 11-19.2 , 11-20.1, 11-20.1B, or 11-20.3 | 5 | | of the Criminal Code of 1961 that the sentencing court | 6 | | determines, after a forfeiture hearing under this Article, | 7 | | to have been acquired or maintained as a result of keeping | 8 | | a place of juvenile prostitution or , exploitation of a | 9 | | child , child pornography, or aggravated child pornography . | 10 | | (2) Any interest in, securities of, claim against, or | 11 | | property or contractual right of any kind affording a | 12 | | source of influence over any enterprise that the person has | 13 | | established, operated, controlled, or conducted in | 14 | | violation of subdivision (a)(1) or (a)(4) of Section | 15 | | 11-14.4 or in violation of Section 11-17.1 or , 11-19.2 , | 16 | | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | 17 | | that the sentencing court determines, after a forfeiture | 18 | | hearing under this Article, to have been acquired or | 19 | | maintained as a result of keeping a place of juvenile | 20 | | prostitution or , exploitation of a child , child | 21 | | pornography, or aggravated child pornography . | 22 | | (3) (Blank). Any computer that contains a depiction of | 23 | | child pornography in any encoded or decoded format in | 24 | | violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the | 25 | | Criminal Code of 1961. For purposes of this paragraph (3), | 26 | | "computer" has the meaning ascribed to it in Section 16D-2 |
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| 1 | | of the Criminal Code of 1961.
| 2 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.) | 3 | | (725 ILCS 5/Art. 124B Pt. 650 heading new) | 4 | | Part 650. Persons and Property Subject to Forfeiture | 5 | | (725 ILCS 5/124B-650 new) | 6 | | Sec. 124B-650. Persons and property subject to forfeiture. | 7 | | (a) For the purpose of this Part 650, "computer facilitated | 8 | | child exploitation offense" includes any of the
following | 9 | | offenses in which a computer was utilized in any part, whether | 10 | | direct or indirect, to commit or in any manner
facilitate the | 11 | | commission of the offense of: | 12 | | (1) luring of a minor (720 ILCS 5/10-5.1); | 13 | | (2) indecent solicitation of a child (720 ILCS 5/11-6); | 14 | | (3) solicitation to meet a child (720 ILCS 5/11-6.6); | 15 | | (4) sexual exploitation of a child (720 ILCS 5/11-9.1); | 16 | | (5) child pornography (720 ILCS 5/11-20.1); | 17 | | (6) aggravated child pornography (720 ILCS 5/11-20.3 | 18 | | or 5/11-20.1B); | 19 | | (7) child photography by sex offender (720 ILCS | 20 | | 5/11-24); | 21 | | (8) grooming (720 ILCS 5/11-25); or | 22 | | (9) traveling to meet a minor (720 ILCS 5/11-26). | 23 | | (b) Any person who has committed a computer facilitated | 24 | | child exploitation offense shall forfeit any property that the
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| 1 | | forfeiture court determines, after a forfeiture hearing under | 2 | | this Article, (i) the person has maintained or used, in whole
| 3 | | or in part, to assist, provide location for, or facilitate, | 4 | | directly or indirectly, the commission of the violation; or | 5 | | (ii) the
person has acquired, in whole or in part, as a result | 6 | | of committing the computer facilitated child exploitation | 7 | | offense. | 8 | | (c) Property subject to forfeiture under this Part 650 | 9 | | includes the following: | 10 | | (1) Any computer as defined in Section 16D-2 of the | 11 | | Criminal Code of 1961 used, in any manner or part, to | 12 | | commit or in any manner to facilitate
the commission of a | 13 | | computer facilitated child exploitation offense, or any | 14 | | other computer networked together with such
a computer | 15 | | inside the same residence. For purposes of this paragraph | 16 | | (1), "networked together" means connected via a wired or | 17 | | wireless protocol
for the purpose of sharing networked | 18 | | resources, including, but not limited to, Internet access, | 19 | | file sharing,
printers, peer-to-peer protocol usage, or | 20 | | media streaming. | 21 | | (2) All moneys, things of value, books, records, and | 22 | | research products and materials that are used or intended | 23 | | to be used
in committing a computer facilitated child | 24 | | exploitation offense. | 25 | | (3) Any vehicle that is used or intended to be used, in | 26 | | any manner or part, to commit or in any manner facilitate |
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| 1 | | the
commission, of a computer facilitated child | 2 | | exploitation offense including any right, title, and | 3 | | interest in that vehicle. | 4 | | (4) All real property, including any right, title, and | 5 | | interest (including, but not limited to, any leasehold | 6 | | interest or the
beneficial interest in a land trust) in the | 7 | | whole of any lot or tract of land and any appurtenances or | 8 | | improvements, that
is used or intended to be used, in any | 9 | | manner or part, to commit or in any manner to facilitate | 10 | | the commission of a
computer facilitated child | 11 | | exploitation offense. | 12 | | (725 ILCS 5/124B-655 new) | 13 | | Sec. 124B-655. Distribution of property and sale proceeds. | 14 | | (a) All moneys and the sale proceeds of all other property | 15 | | forfeited and seized under this Part 650 shall be distributed
| 16 | | as follows: | 17 | | (1) 75% shall be distributed to the unit of local | 18 | | government whose computer forensic laboratory conducted | 19 | | the forensic
examination of the computers utilized to | 20 | | commit any computer facilitated child exploitation | 21 | | offense. Amounts
distributed to the unit of local | 22 | | government operating the computer forensic laboratory | 23 | | shall be used for training or
enforcement purposes relating | 24 | | to detection, investigation, or prosecution of computer | 25 | | facilitated child exploitation
offenses. If, however, the |
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| 1 | | investigation, arrest or arrests, and prosecution leading | 2 | | to the forfeiture were undertaken
solely by a State agency, | 3 | | the portion provided under this paragraph (1) shall be paid | 4 | | into the State Police Services Fund
of the Illinois | 5 | | Department of State Police to be used for training or | 6 | | enforcement purposes relating to detection,
investigation, | 7 | | or prosecution of computer facilitated child exploitation | 8 | | offenses. | 9 | | (2) 12.5% shall be distributed to the unit of local | 10 | | government whose officers or employees conducted the | 11 | | investigation
into any computer facilitated child | 12 | | exploitation offense and caused the arrest or arrests and | 13 | | prosecution leading to the
forfeiture. Amounts distributed | 14 | | to units of local government shall be used for training or | 15 | | enforcement purposes relating
to detection, investigation, | 16 | | or prosecution of computer facilitated child exploitation | 17 | | offenses. If, however, the
investigation, arrest or | 18 | | arrests, and prosecution leading to the forfeiture were | 19 | | undertaken solely by a State agency, the
portion provided | 20 | | under this paragraph (2) shall be paid into the State | 21 | | Police Services Fund of the Illinois Department
of State | 22 | | Police to be used for training or enforcement purposes | 23 | | relating to detection, investigation, or prosecution of
| 24 | | computer facilitated child exploitation offenses. | 25 | | (3) 12.5% shall be distributed to the county in which | 26 | | the prosecution and petition for forfeiture resulting in |
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| 1 | | the forfeiture
was instituted by the State's Attorney and | 2 | | shall be deposited into a special fund in the county | 3 | | treasury and
appropriated to the State's Attorney for use | 4 | | in training or enforcement purposes relating to detection, | 5 | | investigation and
forensic examination, or prosecution of | 6 | | child exploitation-related crimes. If a prosecution and | 7 | | petition for forfeiture
resulting in the forfeiture has | 8 | | been maintained by the Attorney General, 50% of the | 9 | | proceeds shall be paid into the
Attorney General's Sex | 10 | | Offender Awareness, Training, and Education Fund. | 11 | | (b) For purposes of this Section, "computer forensic | 12 | | laboratory" means a secure facility with 3 or more
forensic | 13 | | workstations networked to a centralized forensic file server, | 14 | | staffed with at least one computer forensic
examiner holding a | 15 | | nationally recognized computer forensic examination | 16 | | certification. | 17 | | (c) Before any distribution under subsection (a), the | 18 | | Attorney General or State's Attorney shall retain from the
| 19 | | forfeited moneys or sale proceeds, or both, sufficient moneys | 20 | | to cover expenses related to the administration and sale
of the | 21 | | forfeited property. | 22 | | (725 ILCS 5/124B-660 new) | 23 | | Sec. 124B-660. Standard forfeiture provisions incorporated | 24 | | by reference. All of the provisions of Part 100 of this | 25 | | Article
are incorporated by reference into this Part 650. ".
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