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
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 124B-500 and by adding Part 650 to
6Article 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.
10A person who commits the offense of promoting juvenile
11prostitution, keeping a place of juvenile prostitution, or
12exploitation of a child, child pornography, or aggravated child
13pornography under subdivision (a)(1) or (a)(4) of Section
1411-14.4 or under Section 11-17.1 or , 11-19.2, 11-20.1,
1511-20.1B, or 11-20.3 of the Criminal Code of 1961 shall forfeit
16the 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
8child exploitation offense" includes any of the following
9offenses in which a computer was utilized in any part, whether
10direct or indirect, to commit or in any manner facilitate the
11commission 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
24child exploitation offense shall forfeit any property that the

 

 

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1forfeiture court determines, after a forfeiture hearing under
2this Article, (i) the person has maintained or used, in whole
3or in part, to assist, provide location for, or facilitate,
4directly or indirectly, the commission of the violation; or
5(ii) the person has acquired, in whole or in part, as a result
6of committing the computer facilitated child exploitation
7offense.
8    (c) Property subject to forfeiture under this Part 650
9includes 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
15forfeited and seized under this Part 650 shall be distributed
16as 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
12laboratory" means a secure facility with 3 or more forensic
13workstations networked to a centralized forensic file server,
14staffed with at least one computer forensic examiner holding a
15nationally recognized computer forensic examination
16certification.
17    (c) Before any distribution under subsection (a), the
18Attorney General or State's Attorney shall retain from the
19forfeited moneys or sale proceeds, or both, sufficient moneys
20to cover expenses related to the administration and sale of the
21forfeited property.
 
22    (725 ILCS 5/124B-660 new)
23    Sec. 124B-660. Standard forfeiture provisions incorporated
24by reference. All of the provisions of Part 100 of this
25Article are incorporated by reference into this Part 650.".