SB1044sam001 97TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 4/13/2011

09700SB1044sam001 LRB097 04748 RLC 54498 a

AMENDMENT TO SENATE BILL 1044

AMENDMENT NO. ______. Amend Senate Bill 1044 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 124B-500 and by adding Part 650 to Article 124B as follows:

(725 ILCS 5/124B-500)

(Text of Section after amendment by P.A. 96-1551)

Sec. 124B-500. Persons and property subject to forfeiture. A person who commits the offense of promoting juvenile prostitution, keeping a place of juvenile prostitution, or exploitation of a child, child pornography, or aggravated child pornography under subdivision (a)(1) or (a)(4) of Section 11-14.4 or under Section 11-17.1 or , 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 shall forfeit the following property to the State of Illinois:

(1) Any profits or proceeds and any property the person has acquired or maintained in violation of subdivision (a)(1) or (a)(4) of Section 11-14.4 or in violation of Section 11-17.1 or , 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of keeping a place of juvenile prostitution or , exploitation of a child, child pornography, or aggravated child pornography.

(2) Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of subdivision (a)(1) or (a)(4) of Section 11-14.4 or in violation of Section 11-17.1 or , 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of keeping a place of juvenile prostitution or , exploitation of a child, child pornography, or aggravated child pornography.

(3) (Blank). Any computer that contains a depiction of child pornography in any encoded or decoded format in violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961. For purposes of this paragraph (3), "computer" has the meaning ascribed to it in Section 16D-2 of the Criminal Code of 1961.

(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)

(725 ILCS 5/Art. 124B Pt. 650 heading new)

Part 650. Persons and Property Subject to Forfeiture

(725 ILCS 5/124B-650 new)

Sec. 124B-650. Persons and property subject to forfeiture.

(a) For the purpose of this Part 650, "computer facilitated child exploitation offense" includes any of the following offenses in which a computer was utilized in any part, whether direct or indirect, to commit or in any manner facilitate the commission of the offense of:

(1) luring of a minor (720 ILCS 5/10-5.1);

(2) indecent solicitation of a child (720 ILCS 5/11-6);

(3) solicitation to meet a child (720 ILCS 5/11-6.6);

(4) sexual exploitation of a child (720 ILCS 5/11-9.1);

(5) child pornography (720 ILCS 5/11-20.1);

(6) aggravated child pornography (720 ILCS 5/11-20.3 or 5/11-20.1B);

(7) child photography by sex offender (720 ILCS 5/11-24);

(8) grooming (720 ILCS 5/11-25); or

(9) traveling to meet a minor (720 ILCS 5/11-26).

(b) Any person who has committed a computer facilitated child exploitation offense shall forfeit any property that the forfeiture court determines, after a forfeiture hearing under this Article, (i) the person has maintained or used, in whole or in part, to assist, provide location for, or facilitate, directly or indirectly, the commission of the violation; or (ii) the person has acquired, in whole or in part, as a result of committing the computer facilitated child exploitation offense.

(c) Property subject to forfeiture under this Part 650 includes the following:

(1) Any computer as defined in Section 16D-2 of the Criminal Code of 1961 used, in any manner or part, to commit or in any manner to facilitate the commission of a computer facilitated child exploitation offense, or any other computer networked together with such a computer inside the same residence. For purposes of this paragraph (1), "networked together" means connected via a wired or wireless protocol for the purpose of sharing networked resources, including, but not limited to, Internet access, file sharing, printers, peer-to-peer protocol usage, or media streaming.

(2) All moneys, things of value, books, records, and research products and materials that are used or intended to be used in committing a computer facilitated child exploitation offense.

(3) Any vehicle that is used or intended to be used, in any manner or part, to commit or in any manner facilitate the commission, of a computer facilitated child exploitation offense including any right, title, and interest in that vehicle.

(4) All real property, including any right, title, and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a computer facilitated child exploitation offense.

(725 ILCS 5/124B-655 new)

Sec. 124B-655. Distribution of property and sale proceeds.

(a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 650 shall be distributed as follows:

(1) 75% shall be distributed to the unit of local government whose computer forensic laboratory conducted the forensic examination of the computers utilized to commit any computer facilitated child exploitation offense. Amounts distributed to the unit of local government operating the computer forensic laboratory shall be used for training or enforcement purposes relating to detection, investigation, or prosecution of computer facilitated child exploitation offenses. If, however, the investigation, arrest or arrests, and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided under this paragraph (1) shall be paid into the State Police Services Fund of the Illinois Department of State Police to be used for training or enforcement purposes relating to detection, investigation, or prosecution of computer facilitated child exploitation offenses.

(2) 12.5% shall be distributed to the unit of local government whose officers or employees conducted the investigation into any computer facilitated child exploitation offense and caused the arrest or arrests and prosecution leading to the forfeiture. Amounts distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation, or prosecution of computer facilitated child exploitation offenses. If, however, the investigation, arrest or arrests, and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided under this paragraph (2) shall be paid into the State Police Services Fund of the Illinois Department of State Police to be used for training or enforcement purposes relating to detection, investigation, or prosecution of computer facilitated child exploitation offenses.

(3) 12.5% shall be distributed to the county in which the prosecution and petition for forfeiture resulting in the forfeiture was instituted by the State's Attorney and shall be deposited into a special fund in the county treasury and appropriated to the State's Attorney for use in training or enforcement purposes relating to detection, investigation and forensic examination, or prosecution of child exploitation-related crimes. If a prosecution and petition for forfeiture resulting in the forfeiture has been maintained by the Attorney General, 50% of the proceeds shall be paid into the Attorney General's Sex Offender Awareness, Training, and Education Fund.

(b) For purposes of this Section, "computer forensic laboratory" means a secure facility with 3 or more forensic workstations networked to a centralized forensic file server, staffed with at least one computer forensic examiner holding a nationally recognized computer forensic examination certification.

(c) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.

(725 ILCS 5/124B-660 new)

Sec. 124B-660. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 650.".