Full Text of SB1044 97th General Assembly
SB1044sam002 97TH GENERAL ASSEMBLY | Sen. A. J. Wilhelmi Filed: 5/20/2011
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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 | | Except as provided in Part 650 of this Article, a A person who | 11 | | commits the offense of promoting juvenile prostitution, | 12 | | keeping a place of juvenile prostitution, exploitation of a | 13 | | child, child pornography, or aggravated child pornography | 14 | | under subdivision (a)(1) or (a)(4) of Section 11-14.4 or under | 15 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of the | 16 | | Criminal Code of 1961 shall forfeit the following property to |
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| 1 | | the State
of Illinois: | 2 | | (1) Any profits or proceeds and any property the person | 3 | | has acquired or maintained in violation of subdivision | 4 | | (a)(1) or (a)(4) of Section 11-14.4 or in violation of | 5 | | Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of | 6 | | the Criminal Code of 1961 that the sentencing court | 7 | | determines, after a forfeiture hearing under this Article, | 8 | | to have been acquired or maintained as a result of keeping | 9 | | a place of juvenile prostitution, exploitation of a child, | 10 | | child pornography, or aggravated child pornography. | 11 | | (2) Any interest in, securities of, claim against, or | 12 | | property or contractual right of any kind affording a | 13 | | source of influence over any enterprise that the person has | 14 | | established, operated, controlled, or conducted in | 15 | | violation of subdivision (a)(1) or (a)(4) of Section | 16 | | 11-14.4 or in violation of Section 11-17.1, 11-19.2, | 17 | | 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | 18 | | that the sentencing court determines, after a forfeiture | 19 | | hearing under this Article, to have been acquired or | 20 | | maintained as a result of keeping a place of juvenile | 21 | | prostitution, exploitation of a child, child pornography, | 22 | | or aggravated child pornography. | 23 | | (3) (Blank). Any computer that contains a depiction of | 24 | | child pornography in any encoded or decoded format in | 25 | | violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the | 26 | | Criminal Code of 1961. For purposes of this paragraph (3), |
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| 1 | | "computer" has the meaning ascribed to it in Section 16D-2 | 2 | | of the Criminal Code of 1961.
| 3 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.) | 4 | | (725 ILCS 5/Art. 124B Pt. 650 heading new) | 5 | | Part 650. Persons and Property Subject to Forfeiture | 6 | | (725 ILCS 5/124B-650 new) | 7 | | Sec. 124B-650. Persons and property subject to forfeiture. | 8 | | (a) For the purpose of this Part 650, "computer facilitated | 9 | | child exploitation offense" includes any of the
following | 10 | | offenses in which a computer was utilized in any part, whether | 11 | | direct or indirect, to commit or in any manner
facilitate the | 12 | | commission of the offense of: | 13 | | (1) luring of a minor (720 ILCS 5/10-5.1); | 14 | | (2) indecent solicitation of a child (720 ILCS 5/11-6); | 15 | | (3) solicitation to meet a child (720 ILCS 5/11-6.6); | 16 | | (4) sexual exploitation of a child (720 ILCS 5/11-9.1); | 17 | | (5) child pornography (720 ILCS 5/11-20.1); | 18 | | (6) aggravated child pornography (720 ILCS 5/11-20.3 | 19 | | or 5/11-20.1B); | 20 | | (7) child photography by sex offender (720 ILCS | 21 | | 5/11-24); | 22 | | (8) grooming (720 ILCS 5/11-25); or | 23 | | (9) traveling to meet a minor (720 ILCS 5/11-26). | 24 | | (b) Any person who has committed a computer facilitated |
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| 1 | | child exploitation offense shall forfeit any property that the
| 2 | | forfeiture court determines, after a forfeiture hearing under | 3 | | this Article, (i) the person has maintained or used, in whole
| 4 | | or in part, to assist, provide location for, or facilitate, | 5 | | directly or indirectly, the commission of the violation; or | 6 | | (ii) the
person has acquired, in whole or in part, as a result | 7 | | of committing the computer facilitated child exploitation | 8 | | offense. | 9 | | (c) Property subject to forfeiture under this Part 650 | 10 | | includes the following: | 11 | | (1) Any computer as defined in Section 16D-2 of the | 12 | | Criminal Code of 1961 used, in any manner or part, to | 13 | | commit or in any manner to facilitate
the commission of a | 14 | | computer facilitated child exploitation offense, or any | 15 | | other computer networked together with such
a computer | 16 | | inside the same residence. For purposes of this paragraph | 17 | | (1), "networked together" means connected via a wired or | 18 | | wireless protocol
for the purpose of sharing networked | 19 | | resources, including, but not limited to, Internet access, | 20 | | file sharing,
printers, peer-to-peer protocol usage, or | 21 | | media streaming. | 22 | | (2) All moneys, things of value, books, records, and | 23 | | research products and materials that are used or intended | 24 | | to be used
in committing a computer facilitated child | 25 | | exploitation offense. | 26 | | (3) Any vehicle that is used or intended to be used, in |
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| 1 | | any manner or part, to commit or in any manner facilitate | 2 | | the
commission of a computer facilitated child | 3 | | exploitation offense, including any right, title, and | 4 | | interest in that vehicle. | 5 | | (4) All real property, including any right, title, and | 6 | | interest (including, but not limited to, any leasehold | 7 | | interest or the
beneficial interest in a land trust) in the | 8 | | whole of any lot or tract of land and any appurtenances or | 9 | | improvements, that
is used or intended to be used, in any | 10 | | manner or part, to commit or in any manner to facilitate | 11 | | the commission of a
computer facilitated child | 12 | | exploitation offense. | 13 | | (725 ILCS 5/124B-655 new) | 14 | | Sec. 124B-655. Distribution of property and sale proceeds. | 15 | | (a) All moneys and the sale proceeds of all other property | 16 | | forfeited and seized under this Part 650 shall be distributed | 17 | | as provided for under Section 124B-505. However, if the | 18 | | services of a computer forensic laboratory were used in the | 19 | | detection, investigation, or prosecution of any of the offenses | 20 | | described in subsection (a) of Section 124B-650, then 12.5% of | 21 | | the total moneys and sales proceeds, taken from the one-half | 22 | | described in paragraph (1) of subsection (a) of Section | 23 | | 124B-505, shall be distributed to the unit of local government | 24 | | operating the computer forensic laboratory. Amounts | 25 | | distributed to the unit of local government operating the |
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| 1 | | computer forensic laboratory shall be used for training or | 2 | | enforcement purposes relating to detection, investigation, or | 3 | | prosecution of computer facilitated child exploitation | 4 | | offenses. If, however, the investigation, arrest or arrests, | 5 | | and prosecution leading to the forfeiture were undertaken | 6 | | solely by a State agency, the portion provided under paragraph | 7 | | (1) of subsection (a) of Section 124B-505 shall be paid into | 8 | | the State Police Services Fund of the Illinois Department of | 9 | | State Police to be used for training or enforcement purposes | 10 | | relating to detection, investigation, or prosecution of | 11 | | computer facilitated child exploitation offenses. | 12 | | (b) For purposes of this Section, "computer forensic | 13 | | laboratory" means a secure facility with 3 or more
forensic | 14 | | workstations networked to a centralized forensic file server, | 15 | | staffed with at least one computer forensic
examiner holding a | 16 | | nationally recognized computer forensic examination | 17 | | certification. ".
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