Full Text of SB2347 99th General Assembly
SB2347 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2347 Introduced 1/28/2016, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-6 | from Ch. 38, par. 11-6 | 720 ILCS 5/11-25 | | 720 ILCS 5/11-26 | | 725 ILCS 5/124B-10 | | 725 ILCS 5/124B-100 | | 725 ILCS 5/124B-500 | | 725 ILCS 5/124B-505 | |
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Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Provides that computers seized during the commission of indecent solicitation of a child, child pornography, aggravated child pornography, non-consensual dissemination of private sexual images, grooming, or traveling to meet a minor, and forfeited, before there is to be a distribution of property or sale proceeds, the computers or monies seized and forfeited for those offenses may be used to support the training, equipment or investigation needs of the child exploitation unit of the law enforcement agency. The computers may also be recommissioned for official use by the agency or destroyed. The law enforcement agency shall not be ordered by the court to return the computer to the defendant or his or her designee. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 11-6, 11-25, and 11-26 as follows:
| 6 | | (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
| 7 | | Sec. 11-6. Indecent solicitation of a child.
| 8 | | (a) A person of the age of 17 years and upwards commits
| 9 | | indecent solicitation of a child if the person, with the intent | 10 | | that the
offense of aggravated criminal sexual assault, | 11 | | criminal sexual assault,
predatory criminal sexual assault of a | 12 | | child, or aggravated criminal sexual
abuse be committed, | 13 | | knowingly solicits a child or one whom he or she believes
to be | 14 | | a child to perform an act of sexual penetration or sexual | 15 | | conduct as
defined in Section 11-0.1 of this Code.
| 16 | | (a-5) A person of the age of 17 years and upwards commits
| 17 | | indecent solicitation of a child if the person knowingly | 18 | | discusses an act of sexual conduct or sexual penetration with a | 19 | | child or with one whom he or she believes
to be a child by means | 20 | | of the Internet with the intent that the offense of aggravated | 21 | | criminal sexual assault, predatory criminal sexual assault of a | 22 | | child, or aggravated criminal sexual abuse be committed. | 23 | | (a-6) It is not a defense to subsection (a-5) that the |
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| 1 | | person did not solicit the child to perform sexual conduct or | 2 | | sexual penetration with the person.
| 3 | | (b) Definitions. As used in this Section:
| 4 | | "Solicit" means to command, authorize, urge, incite, | 5 | | request, or
advise another to perform an act by any means | 6 | | including, but not limited to, in
person, over the phone, | 7 | | in writing, by computer, or by advertisement of any
kind.
| 8 | | "Child" means a person under 17 years of age.
| 9 | | "Internet" has the meaning set forth in Section 16-0.1 | 10 | | of this Code.
| 11 | | "Sexual penetration" or "sexual conduct" are defined | 12 | | in Section 11-0.1 of this Code.
| 13 | | (c) Sentence. Indecent solicitation of a child under | 14 | | subsection (a) is:
| 15 | | (1) a Class 1 felony when the act, if done, would be | 16 | | predatory criminal
sexual assault of a child or aggravated | 17 | | criminal sexual assault;
| 18 | | (2) a Class 2 felony when the act, if done, would be | 19 | | criminal sexual
assault;
| 20 | | (3) a Class 3 felony when the act, if done, would be | 21 | | aggravated criminal
sexual abuse.
| 22 | | Indecent solicitation of a child under subsection (a-5) is | 23 | | a Class 4 felony.
| 24 | | (d) Forfeiture of property. A person convicted under this | 25 | | Section is subject to the property forfeiture provisions set | 26 | | forth in Article 124B of the Code of Criminal Procedure of |
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| 1 | | 1963. | 2 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 3 | | (720 ILCS 5/11-25) | 4 | | Sec. 11-25. Grooming. | 5 | | (a) A person commits grooming when he or she knowingly uses | 6 | | a computer on-line service, Internet service, local bulletin | 7 | | board service, or any other device capable of electronic data | 8 | | storage or transmission to seduce, solicit, lure, or entice, or | 9 | | attempt to seduce, solicit, lure, or entice, a child, a child's | 10 | | guardian, or another person believed by the person to be a | 11 | | child or a child's guardian, to commit any sex offense as | 12 | | defined in Section 2 of the Sex Offender Registration Act, to | 13 | | distribute photographs depicting the sex organs of the child, | 14 | | or to otherwise engage in any unlawful sexual conduct with a | 15 | | child or with another person believed by the person to be a | 16 | | child. | 17 | | (b) Sentence. Grooming is a Class 4 felony.
| 18 | | (c) Forfeiture of property. A person convicted under this | 19 | | Section is subject to the property forfeiture provisions set | 20 | | forth in Article 124B of the Code of Criminal Procedure of | 21 | | 1963. | 22 | | (Source: P.A. 98-919, eff. 1-1-15 .) | 23 | | (720 ILCS 5/11-26) | 24 | | Sec. 11-26. Traveling to meet a minor. |
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| 1 | | (a) A person commits the offense of traveling to meet a | 2 | | minor when he or she travels any distance either within this | 3 | | State, to this State, or from this State by any means, attempts | 4 | | to do so, or causes another to do so or attempt to do so for the | 5 | | purpose of engaging in any sex offense as defined in Section 2 | 6 | | of the Sex Offender Registration Act, or to otherwise engage in | 7 | | other unlawful sexual conduct with a child or with another | 8 | | person believed by the person to be a child after using a | 9 | | computer on-line service, Internet service, local bulletin | 10 | | board service, or any other device capable of electronic data | 11 | | storage or transmission to seduce, solicit, lure, or entice, or | 12 | | to attempt to seduce, solicit, lure, or entice, a child or a | 13 | | child's guardian, or another person believed by the person to | 14 | | be a child or a child's guardian, for such purpose. | 15 | | (b) Sentence. Traveling to meet a minor is a Class 3 | 16 | | felony.
| 17 | | (c) Forfeiture of property. A person convicted under this | 18 | | Section is subject to the property forfeiture provisions set | 19 | | forth in Article 124B of the Code of Criminal Procedure of | 20 | | 1963. | 21 | | (Source: P.A. 95-901, eff. 1-1-09.) | 22 | | Section 10. The Code of Criminal Procedure of 1963 is | 23 | | amended by changing Sections 124B-10, 124B-100, 124B-500, and | 24 | | 124B-505 as follows:
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| 1 | | (725 ILCS 5/124B-10)
| 2 | | Sec. 124B-10. Applicability; offenses. This Article | 3 | | applies to forfeiture of property in connection with the | 4 | | following: | 5 | | (1) A violation of Section 10-9 or 10A-10 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012 | 7 | | (involuntary servitude; involuntary servitude of a minor; | 8 | | or trafficking in persons). | 9 | | (1.5) A violation of Section 11-6, 11-25, or 11-26 of | 10 | | the Criminal Code of 2012 (indecent solicitation of a | 11 | | child; grooming; or traveling to meet a minor). | 12 | | (2) A violation of subdivision (a)(1) of Section | 13 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 14 | | of 2012 (promoting juvenile prostitution) or a violation of | 15 | | Section 11-17.1 of the Criminal Code of 1961 (keeping a | 16 | | place of juvenile prostitution). | 17 | | (3) A violation of subdivision (a)(4) of Section | 18 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 19 | | of 2012 (promoting juvenile prostitution) or a violation of | 20 | | Section 11-19.2 of the Criminal Code of 1961 (exploitation | 21 | | of a child). | 22 | | (4) A second or subsequent violation of Section 11-20 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 24 | | (obscenity). | 25 | | (5) A violation of Section 11-20.1 of the Criminal Code | 26 | | of 1961 or the Criminal Code of 2012 (child pornography). |
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| 1 | | (6) A violation of Section 11-20.1B or 11-20.3 of the | 2 | | Criminal Code of 1961 (aggravated child pornography). | 3 | | (6.5) A violation of Section 11-23.5 of the Criminal | 4 | | Code of 2012. | 5 | | (7) A violation of Section 12C-65 of the Criminal Code | 6 | | of 2012 or Article 44 of the Criminal Code of 1961 | 7 | | (unlawful transfer of a telecommunications device to a | 8 | | minor). | 9 | | (8) A violation of Section 17-50 or Section 16D-5 of | 10 | | the Criminal Code of 2012 or the Criminal Code of 1961 | 11 | | (computer fraud). | 12 | | (9) A felony violation of Section 17-6.3 or Article 17B | 13 | | of the Criminal Code of 2012 or the Criminal Code of 1961 | 14 | | (WIC fraud). | 15 | | (10) A felony violation of Section 48-1 of the Criminal | 16 | | Code of 2012 or Section 26-5 of the Criminal Code of 1961 | 17 | | (dog fighting). | 18 | | (11) A violation of Article 29D of the Criminal Code of | 19 | | 1961 or the Criminal Code of 2012 (terrorism). | 20 | | (12) A felony violation of Section 4.01 of the Humane | 21 | | Care for Animals Act (animals in entertainment).
| 22 | | (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; | 23 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. | 24 | | 6-1-15 .)
| 25 | | (725 ILCS 5/124B-100)
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| 1 | | Sec. 124B-100. Definition; "offense". For purposes of this | 2 | | Article, "offense" is defined as follows: | 3 | | (1) In the case of forfeiture authorized under Section | 4 | | 10A-15 of the Criminal Code of 1961 or Section 10-9 of the | 5 | | Criminal Code of 2012, "offense" means the offense of | 6 | | involuntary servitude, involuntary servitude of a minor, | 7 | | or trafficking in persons in violation of Section 10-9 or | 8 | | 10A-10 of those Codes. | 9 | | (1.5) In the case of forfeiture authorized under | 10 | | Section 11-6, Section 11-25, or Section 11-26 of the | 11 | | Criminal Code of 2012, "offense" means the offense of | 12 | | indecent solicitation of a child, grooming, or traveling to | 13 | | meet a minor in violation of Section 11-6, Section 11-25, | 14 | | or Section 11-26, of the Code. | 15 | | (2) In the case of forfeiture authorized under | 16 | | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | 17 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 18 | | "offense" means the offense of promoting juvenile | 19 | | prostitution or keeping a place of juvenile prostitution in | 20 | | violation of subdivision (a)(1) of Section 11-14.4, or | 21 | | Section 11-17.1, of those Codes. | 22 | | (3) In the case of forfeiture authorized under | 23 | | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | 24 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | "offense" means the offense of promoting juvenile | 26 | | prostitution or exploitation of a child in violation of |
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| 1 | | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | 2 | | of those Codes. | 3 | | (4) In the case of forfeiture authorized under Section | 4 | | 11-20 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012, "offense" means the offense of obscenity in violation | 6 | | of that Section. | 7 | | (5) In the case of forfeiture authorized under Section | 8 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012, "offense" means the offense of child pornography | 10 | | in violation of Section 11-20.1 of that Code. | 11 | | (6) In the case of forfeiture authorized under Section | 12 | | 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" | 13 | | means the offense of aggravated child pornography in | 14 | | violation of Section 11-20.1B or 11-20.3 of that Code. | 15 | | (7) In the case of forfeiture authorized under Section | 16 | | 12C-65 of the Criminal Code of 2012 or Article 44 of the | 17 | | Criminal Code of 1961, "offense" means the offense of | 18 | | unlawful transfer of a telecommunications device to a minor | 19 | | in violation of Section 12C-65 or Article 44 of those | 20 | | Codes. | 21 | | (8) In the case of forfeiture authorized under Section | 22 | | 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012, "offense" means the offense of computer fraud | 24 | | in violation of Section 17-50 or 16D-5 of those Codes. | 25 | | (9) In the case of forfeiture authorized under Section | 26 | | 17-6.3 or Article 17B of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, "offense" means any felony violation | 2 | | of Section 17-6.3 or Article 17B of those Codes. | 3 | | (10) In the case of forfeiture authorized under Section | 4 | | 29D-65 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012, "offense" means any offense under Article 29D of that | 6 | | Code. | 7 | | (11) In the case of forfeiture authorized under Section | 8 | | 4.01 of the Humane Care for Animals Act, Section 26-5 of | 9 | | the Criminal Code of 1961, or Section 48-1 of the Criminal | 10 | | Code of 2012, "offense" means any felony offense under | 11 | | either of those Sections.
| 12 | | (12) In the case of forfeiture authorized under Section | 13 | | 124B-1000(b) of the Code of Criminal Procedure of 1963, | 14 | | "offense" means an offense in violation of the Criminal | 15 | | Code of 1961, the Criminal Code of 2012, the Illinois | 16 | | Controlled Substances Act, the Cannabis Control Act, or the | 17 | | Methamphetamine Control and Community Protection Act, or | 18 | | an offense involving a telecommunications device possessed | 19 | | by a person on the real property of any elementary or | 20 | | secondary school without authority of the school | 21 | | principal. | 22 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 23 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 24 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 25 | | (725 ILCS 5/124B-500) |
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| 1 | | Sec. 124B-500. Persons and property subject to forfeiture. | 2 | | A person who commits child pornography, aggravated child | 3 | | pornography, or non-consensual dissemination of private sexual | 4 | | images under Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of | 5 | | the Criminal Code of 1961 or the Criminal Code of 2012 , or | 6 | | indecent solicitation of a child, grooming, or traveling to | 7 | | meet a minor under Section 11-6, 11-25, or 11-26 of the | 8 | | Criminal Code of 2012, shall forfeit the following property to | 9 | | the State
of Illinois: | 10 | | (1) Any profits or proceeds and any property the person | 11 | | has acquired or maintained in violation of Section 11-20.1, | 12 | | 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 | 13 | | or the Criminal Code of 2012 that the sentencing court | 14 | | determines, after a forfeiture hearing under this Article, | 15 | | to have been acquired or maintained as a result of child | 16 | | pornography, aggravated child pornography, or | 17 | | non-consensual dissemination of private sexual images. | 18 | | (2) Any interest in, securities of, claim against, or | 19 | | property or contractual right of any kind affording a | 20 | | source of influence over any enterprise that the person has | 21 | | established, operated, controlled, or conducted in | 22 | | violation of Section 11-20.1, 11-20.1B, 11-20.3, or | 23 | | 11-23.5 of the Criminal Code of 1961 or the Criminal Code | 24 | | of 2012 that the sentencing court determines, after a | 25 | | forfeiture hearing under this Article, to have been | 26 | | acquired or maintained as a result of child pornography, |
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| 1 | | aggravated child pornography, or non-consensual | 2 | | dissemination of private sexual images. | 3 | | (3) Any computer that contains a depiction of child | 4 | | pornography in any encoded or decoded format in violation | 5 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 6 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 7 | | this paragraph (3), "computer" has the meaning ascribed to | 8 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 9 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15; | 10 | | 98-1138, eff. 6-1-15 .) | 11 | | (725 ILCS 5/124B-505)
| 12 | | Sec. 124B-505. Distribution of property and sale proceeds. | 13 | | (a) All moneys and the sale proceeds of all other property | 14 | | forfeited and seized under this Part 500 shall be distributed | 15 | | as follows: | 16 | | (1) One-half shall be divided equally between all State | 17 | | agencies and units of local government whose officers or | 18 | | employees conducted the investigation that resulted in the | 19 | | forfeiture. | 20 | | (2) One-half shall be deposited into the Violent Crime | 21 | | Victims Assistance Fund. | 22 | | (b) Before any distribution under subsection (a), the | 23 | | Attorney General or State's Attorney shall retain from the | 24 | | forfeited moneys or sale proceeds, or both, sufficient moneys | 25 | | to cover expenses related to the administration and sale of the |
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| 1 | | forfeited property.
| 2 | | (c) Before any distribution under subsection (a), a law | 3 | | enforcement agency shall retain from the forfeited money, | 4 | | property, or sale proceeds, any computer or monies to support | 5 | | the training and equipment needs of the agency's child | 6 | | exploitation unit and to further future investigations. The | 7 | | computer may also be recommissioned for official use by the | 8 | | agency or destroyed. The court shall not order a law | 9 | | enforcement agency to fix, alter, or remove data from a seized | 10 | | and forfeited computer in order to return the computer to the | 11 | | defendant or his or her designee. | 12 | | (Source: P.A. 96-712, eff. 1-1-10.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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