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Public Act 92-0175
HB0229 Enrolled LRB9202523RCdv
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 11-20.1A as follows:
(720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
Sec. 11-20.1A. Forfeitures.
(a) A person who commits the offense of keeping a place
of juvenile prostitution, exploitation of a child, or child
pornography under Section Sections 11-17.1, 11-19.2, or
11-20.1 of this Code, shall forfeit to the State of Illinois:
(1) Any profits or proceeds and any interest or
property he or she has acquired or maintained in
violation of Section Sections 11-17.1, 11-19.2, or
11-20.1 of this Code that the sentencing court
determines, after a forfeiture hearing, to have been
acquired or maintained as a result of keeping a place of
juvenile prostitution, exploitation of a child, or child
pornography.; and
(2) Any interest in, security of, claim against, or
property or contractual right of any kind affording a
source of influence over, any enterprise that which he or
she has established, operated, controlled, or conducted
in violation of Section Sections 11-17.1, 11-19.2, or
11-20.1 of this Code that the sentencing court
determines, after a forfeiture hearing, to have been
acquired or maintained as a result of keeping a place of
juvenile prostitution, exploitation of a child, or child
pornography.
(3) Any computer that contains a depiction of child
pornography in any encoded or decoded format in violation
of Section 11-20.1 of this Code. For purposes of this
paragraph (3), "computer" has the meaning ascribed to it
in Section 16D-2 of this Code.
(b) (1) The court shall, upon petition by the Attorney
General or State's Attorney at any time following
sentencing, conduct a hearing to determine whether any
property or property interest is subject to forfeiture
under this Section. At the forfeiture hearing the people
shall have the burden of establishing, by a preponderance
of the evidence, that property or property interests are
subject to forfeiture under this Section.
(2) In any action brought by the People of the
State of Illinois under this Section, wherein any
restraining order, injunction or prohibition or any other
action in connection with any property or interest
subject to forfeiture under this Section is sought, the
circuit court presiding over the trial of the person or
persons charged with keeping a place of juvenile
prostitution, exploitation of a child or child
pornography shall first determine whether there is
probable cause to believe that the person or persons so
charged have committed the offense of keeping a place of
juvenile prostitution, exploitation of a child or child
pornography and whether the property or interest is
subject to forfeiture pursuant to this Section. In order
to make such a determination, prior to entering any such
order, the court shall conduct a hearing without a jury,
wherein the People shall establish that there is: (i)
probable cause that the person or persons so charged have
committed the offense of keeping a place of juvenile
prostitution, exploitation of a child or child
pornography and (ii) probable cause that any property or
interest may be subject to forfeiture pursuant to this
Section. Such hearing may be conducted simultaneously
with a preliminary hearing, if the prosecution is
commenced by information or complaint, or by motion of
the People, at any stage in the proceedings. The court
may accept a finding of probable cause at a preliminary
hearing following the filing of an information charging
the offense of keeping a place of juvenile prostitution,
exploitation of a child or child pornography or the
return of an indictment by a grand jury charging the
offense of keeping a place of juvenile prostitution,
exploitation of a child or child pornography as
sufficient evidence of probable cause as provided in item
(i) above. Upon such a finding, the circuit court shall
enter such restraining order, injunction or prohibition,
or shall take such other action in connection with any
such property or other interest subject to forfeiture, as
is necessary to insure that such property is not removed
from the jurisdiction of the court, concealed, destroyed
or otherwise disposed of by the owner of that property or
interest prior to a forfeiture hearing under this
Section. The Attorney General or State's Attorney shall
file a certified copy of such restraining order,
injunction or other prohibition with the recorder of
deeds or registrar of titles of each county where any
such property of the defendant may be located. No such
injunction, restraining order or other prohibition shall
affect the rights of any bona fide purchaser, mortgagee,
judgment creditor or other lienholder arising prior to
the date of such filing. The court may, at any time, upon
verified petition by the defendant or an innocent owner
or innocent bona fide third party lienholder who neither
had knowledge of, nor consented to, the illegal act or
omission, conduct a hearing to release all or portions of
any such property or interest which the court previously
determined to be subject to forfeiture or subject to any
restraining order, injunction, or prohibition or other
action. The court may release such property to the
defendant or innocent owner or innocent bona fide third
party lienholder who neither had knowledge of, nor
consented to, the illegal act or omission for good cause
shown and within the sound discretion of the court.
A forfeiture under this Section may be commenced by
the Attorney General or a State's Attorney.
(3) Upon conviction of a person of keeping a place
of juvenile prostitution, exploitation of a child or
child pornography, the court shall authorize the Attorney
General to seize all property or other interest declared
forfeited under this Section upon such terms and
conditions as the court shall deem proper.
(4) The Attorney General is authorized to sell all
property forfeited and seized pursuant to this Section,
unless such property is required by law to be destroyed
or is harmful to the public, and, after the deduction of
all requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any
moneys forfeited or seized, in accordance with subsection
(c) of this Section.
(c) All monies forfeited and the sale proceeds of all
other property forfeited and seized under this Section shall
be distributed as follows:
(1) One-half shall be divided equally among all
State agencies and units of local government whose
officers or employees conducted the investigation which
resulted in the forfeiture; and
(2) One-half shall be deposited in the Violent Crime
Victims Assistance Fund.
(Source: P.A. 91-229, eff. 1-1-00.)
Passed in the General Assembly May 02, 2001.
Approved July 27, 2001.
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