Full Text of SB1402 100th General Assembly
SB1402ham001 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 5/29/2017
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| 1 | | AMENDMENT TO SENATE BILL 1402
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1402 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 adding the heading of Article 112B and Sections | 6 | | 112B-1, 112B-2, 112B-3, 112B-4, and 112B-5 as follows: | 7 | | (725 ILCS 5/Art. 112B heading new) | 8 | | ARTICLE 112B. ASSET DISSIPATION RELIEF | 9 | | (725 ILCS 5/112B-1 new) | 10 | | Sec. 112B-1. Definitions. In this Article: | 11 | | "Asset" means anything that may be the subject of | 12 | | ownership, whether real or
personal, tangible or intangible, or | 13 | | legal or equitable, or any interest in it, which is not exempt
| 14 | | from execution under applicable law. | 15 | | "Crime of violence" has the meaning ascribed to it in |
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| 1 | | Section 2 of the Crime Victims Compensation Act. | 2 | | "Dissipate" means to take an action with regard to an asset | 3 | | of a defendant to defeat
satisfaction of an existing or future | 4 | | judgment for a fine, restitution, assessment, or court costs | 5 | | after conviction, including: | 6 | | (1) selling, removing, transferring, assigning, | 7 | | encumbering, or
similarly dealing with the asset; | 8 | | (2) instructing, requesting, counseling, demanding, or | 9 | | encouraging any other
person to take an action described in | 10 | | paragraph (1) of this definition; and | 11 | | (3) facilitating, assisting in, aiding, abetting, or | 12 | | participating in an action
described in paragraph (1) or | 13 | | (2) of this definition. | 14 | | "Lien" means a charge against or an interest in property to | 15 | | secure payment of a debt or performance of an obligation, and | 16 | | includes a security interest created by agreement, a judicial | 17 | | lien obtained by legal or equitable process or proceedings, a | 18 | | common-law lien, or a statutory lien. | 19 | | "Nonparty" means a person that is not a defendant and has | 20 | | custody or control of an asset
of a defendant who is subject to | 21 | | an asset dissipation relief order. The term includes a person | 22 | | that holds a
joint ownership interest in an asset with a | 23 | | defendant against which an asset dissipation relief order has | 24 | | been
entered. | 25 | | "Sex offense" means a violation of Article 11 of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012. |
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| 1 | | "State" means the prosecutor who filed the charge against | 2 | | the defendant and brings an action for an asset dissipation | 3 | | relief order. | 4 | | "Transfer" means every mode, direct or indirect, absolute | 5 | | or conditional, voluntary or involuntary, of disposing of or | 6 | | parting with an asset or an interest in an asset, and includes | 7 | | payment of money, release, lease, and creation of a lien or | 8 | | other encumbrance. | 9 | | "Transferee" means an individual, estate, business or | 10 | | nonprofit entity, public corporation,
government or | 11 | | governmental subdivision, agency, or instrumentality, or other | 12 | | legal entity. | 13 | | (725 ILCS 5/112B-2 new) | 14 | | Sec. 112B-2. Scope. | 15 | | (a) This Article applies to the property of a defendant | 16 | | charged with or convicted of a crime of violence or sex offense | 17 | | in which the victim is under 18 years of age. | 18 | | (b) This Article does not apply to or limit a right or | 19 | | remedy available to the State, defendant, or nonparty
to the | 20 | | extent that a federal law or regulation preempts this Article. | 21 | | (c) This Article does not affect a right or remedy | 22 | | including a right or remedy arising from
the creation, | 23 | | perfection, priority, or enforcement of a security interest or | 24 | | other interests that
existed before an order takes effect. | 25 | | (d) This Article does not prevent the exercise of other |
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| 1 | | remedies not inconsistent with this
Article. | 2 | | (725 ILCS 5/112B-3 new) | 3 | | Sec. 112B-3. Asset dissipation relief. | 4 | | (a) The State may seek asset dissipation relief against a | 5 | | transfer or obligation of an asset knowingly made to dissipate | 6 | | the asset and may obtain: | 7 | | (1) avoidance of the transfer or obligation to the | 8 | | extent necessary to satisfy an existing or future judgment | 9 | | for a fine, restitution, assessment, or court costs; | 10 | | (2) an attachment or other provisional remedy against | 11 | | the asset transferred or other property of the transferee | 12 | | in accordance with the procedure prescribed by the Code of | 13 | | Civil Procedure; or | 14 | | (3) subject to applicable principles of equity and in | 15 | | accordance with applicable rules of civil procedure: | 16 | | (A) an injunction against further disposition by | 17 | | the defendant or a transferee, or both, of the asset | 18 | | transferred or of other property; | 19 | | (B) appointment of a receiver to take charge of the | 20 | | asset transferred or of other property of the | 21 | | transferee; or | 22 | | (C) any other relief the circumstances may | 23 | | require. | 24 | | (b) Notwithstanding voidability of a transfer or an | 25 | | obligation under this Section, a good-faith transferee or |
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| 1 | | obligee is entitled, to the extent of the value given the | 2 | | defendant for the transfer or obligation, to: (1) a lien on or | 3 | | a right to retain any interest in the asset transferred; or (2) | 4 | | enforcement of any obligation incurred. | 5 | | (c) The court shall limit an asset dissipation relief order | 6 | | to provide a sufficient amount to provide the legal | 7 | | representation needs of the defendant for any pending criminal | 8 | | charge against him or her, including responding and contesting | 9 | | motions and orders under this Article. | 10 | | (d) An asset dissipation relief order remains in effect | 11 | | until it is vacated by the court, or the criminal charge
is | 12 | | resolved by agreement of the State and defendant, operation of | 13 | | law, or satisfaction of a judgment entered
against the | 14 | | defendant against whom the order was issued. | 15 | | (725 ILCS 5/112B-4 new) | 16 | | Sec. 112B-4. Indemnity. | 17 | | The court may indemnify a nonparty
for the reasonable costs | 18 | | of compliance with the order and compensate for any loss caused | 19 | | by the
order from the assets of the defendant. | 20 | | (725 ILCS 5/112B-5 new) | 21 | | Sec. 112B-5. Appeal. The State, defendant, or nonparty may | 22 | | appeal an order issued, including an interlocutory appeal, | 23 | | under this Article granting, continuing, modifying, refusing, | 24 | | or dissolving an asset dissipation relief order. ".
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