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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3986eng HB3986 Engrossed LRB9111284RCpk 1 AN ACT to amend certain Acts in relation to 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 1961 is amended by 5 changing Sections 11-20.1A, 11-20.2, and 26-4 as follows: 6 (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A) 7 Sec. 11-20.1A. (a) A person who commits the offense of 8 keeping a place of juvenile prostitution, exploitation of a 9 child or child pornography under Sections 11-17.1, 11-19.2 or 10 11-20.1 of this Code, shall forfeit to the State of Illinois: 11 (1) any profits or proceeds and any interest or 12 property he has acquired or maintained in violation of 13 Sections 11-17.1, 11-19.2 or 11-20.1 of this Code that 14 the sentencing court determines, after a forfeiture 15 hearing, to have been acquired or maintained as a result 16 of keeping a place of juvenile prostitution, exploitation 17 of a child or child pornography; and 18 (2) any interest in, security of, claim against, or 19 property or contractual right of any kind affording a 20 source of influence over, any enterprise which he has 21 established, operated, controlled or conducted in 22 violation of Sections 11-17.1, 11-19.2 or 11-20.1 of this 23 Code that the sentencing court determines, after a 24 forfeiture hearing, to have been acquired or maintained 25 as a result of keeping a place of juvenile prostitution, 26 exploitation of a child or child pornography; and.27 (3) any computer that contains a depiction of child 28 pornography in any encoded or decoded format in violation 29 of Section 11-20.1 of this Code. For purposes of this 30 paragraph (3), "computer" has the meaning ascribed to it 31 in Section 16D-2 of this Code. HB3986 Engrossed -2- LRB9111284RCpk 1 (b) (1) The court shall, upon petition by the Attorney 2 General or State's Attorney at any time following 3 sentencing, conduct a hearing to determine whether any 4 property or property interest is subject to forfeiture 5 under this Section. At the forfeiture hearing the people 6 shall have the burden of establishing, by a preponderance 7 of the evidence, that property or property interests are 8 subject to forfeiture under this Section. 9 (2) In any action brought by the People of the 10 State of Illinois under this Section, wherein any 11 restraining order, injunction or prohibition or any other 12 action in connection with any property or interest 13 subject to forfeiture under this Section is sought, the 14 circuit court presiding over the trial of the person or 15 persons charged with keeping a place of juvenile 16 prostitution, exploitation of a child or child 17 pornography shall first determine whether there is 18 probable cause to believe that the person or persons so 19 charged have committed the offense of keeping a place of 20 juvenile prostitution, exploitation of a child or child 21 pornography and whether the property or interest is 22 subject to forfeiture pursuant to this Section. In order 23 to make such a determination, prior to entering any such 24 order, the court shall conduct a hearing without a jury, 25 wherein the People shall establish that there is: (i) 26 probable cause that the person or persons so charged have 27 committed the offense of keeping a place of juvenile 28 prostitution, exploitation of a child or child 29 pornography and (ii) probable cause that any property or 30 interest may be subject to forfeiture pursuant to this 31 Section. Such hearing may be conducted simultaneously 32 with a preliminary hearing, if the prosecution is 33 commenced by information or complaint, or by motion of 34 the People, at any stage in the proceedings. The court HB3986 Engrossed -3- LRB9111284RCpk 1 may accept a finding of probable cause at a preliminary 2 hearing following the filing of an information charging 3 the offense of keeping a place of juvenile prostitution, 4 exploitation of a child or child pornography or the 5 return of an indictment by a grand jury charging the 6 offense of keeping a place of juvenile prostitution, 7 exploitation of a child or child pornography as 8 sufficient evidence of probable cause as provided in item 9 (i) above. Upon such a finding, the circuit court shall 10 enter such restraining order, injunction or prohibition, 11 or shall take such other action in connection with any 12 such property or other interest subject to forfeiture, as 13 is necessary to insure that such property is not removed 14 from the jurisdiction of the court, concealed, destroyed 15 or otherwise disposed of by the owner of that property or 16 interest prior to a forfeiture hearing under this 17 Section. The Attorney General or State's Attorney shall 18 file a certified copy of such restraining order, 19 injunction or other prohibition with the recorder of 20 deeds or registrar of titles of each county where any 21 such property of the defendant may be located. No such 22 injunction, restraining order or other prohibition shall 23 affect the rights of any bona fide purchaser, mortgagee, 24 judgment creditor or other lienholder arising prior to 25 the date of such filing. The court may, at any time, upon 26 verified petition by the defendant or an innocent owner 27 or innocent bona fide third party lienholder who neither 28 had knowledge of, nor consented to, the illegal act or 29 omission, conduct a hearing to release all or portions of 30 any such property or interest which the court previously 31 determined to be subject to forfeiture or subject to any 32 restraining order, injunction, or prohibition or other 33 action. The court may release such property to the 34 defendant or innocent owner or innocent bona fide third HB3986 Engrossed -4- LRB9111284RCpk 1 party lienholder who neither had knowledge of, nor 2 consented to, the illegal act or omission for good cause 3 shown and within the sound discretion of the court. 4 A forfeiture under this Section may be commenced by 5 the Attorney General or a State's Attorney. 6 (3) Upon conviction of a person of keeping a place 7 of juvenile prostitution, exploitation of a child or 8 child pornography, the court shall authorize the Attorney 9 General to seize all property or other interest declared 10 forfeited under this Section upon such terms and 11 conditions as the court shall deem proper. 12 (4) The Attorney General is authorized to sell all 13 property forfeited and seized pursuant to this Section, 14 unless such property is required by law to be destroyed 15 or is harmful to the public, and, after the deduction of 16 all requisite expenses of administration and sale, shall 17 distribute the proceeds of such sale, along with any 18 moneys forfeited or seized, in accordance with subsection 19 (c) of this Section. 20 (c) All monies forfeited and the sale proceeds of all 21 other property forfeited and seized under this Section shall 22 be distributed as follows: 23 (1) One-half shall be divided equally among all 24 State agencies and units of local government whose 25 officers or employees conducted the investigation which 26 resulted in the forfeiture; and 27 (2) One-half shall be deposited in the Violent Crime 28 Victims Assistance Fund. 29 (Source: P.A. 91-229, eff. 1-1-00.) 30 (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2) 31 Sec. 11-20.2. Report of child pornography to peace 32 officer. 33 (a) Any commercial film and photographic print processor HB3986 Engrossed -5- LRB9111284RCpk 1 or any person who services or repairs computers who has 2 knowledge of or observes, within the scope of his or her 3 professional capacity or employment, any film, photograph, 4 videotape, negative or slide or any data stored in computer 5 memory in any format which depicts a child whom the 6 processor or person who services or repairs the computer 7 knows or reasonably should know to be under the age of 18 8 where such child is: 9 (i) actually or by simulation engaged in any act of 10 sexual intercourse with any person or animal; or 11 (ii) actually or by simulation engaged in any act 12 of sexual contact involving the sex organs of the child 13 and the mouth, anus, or sex organs of another person or 14 animal; or which involves the mouth, anus or sex organs 15 of the child and the sex organs of another person or 16 animal; or 17 (iii) actually or by simulation engaged in any act 18 of masturbation; or 19 (iv) actually or by simulation portrayed as being 20 the object of, or otherwise engaged in, any act of lewd 21 fondling, touching, or caressing involving another person 22 or animal; or 23 (v) actually or by simulation engaged in any act of 24 excretion or urination within a sexual context; or 25 (vi) actually or by simulation portrayed or 26 depicted as bound, fettered, or subject to sadistic, 27 masochistic, or sadomasochistic abuse in any sexual 28 context; shall report such instance to a peace officer 29 immediately or as soon as possible. 30 (b) Failure to make the report required by subsection 31 (a) is a pettysuch report shall be a businessoffense with a 32 fine of $1,000. 33 (c) For the purposes of this Section, "computer" and 34 "data" have the meanings ascribed to them in Section 16D-2 of HB3986 Engrossed -6- LRB9111284RCpk 1 this Code. 2 (Source: P.A. 84-1280.) 3 (720 ILCS 5/26-4) (from Ch. 38, par. 26-4) 4 Sec. 26-4. Unauthorized videotaping. 5 (a) It is unlawful for any person to videotape, 6 photograph, or film another person without that person's 7 consent in a restroom, tanning bed, or tanning salon. 8 (a-5) It is unlawful for any person to disseminate on 9 the Internet any images of another person in a restroom 10 without that other person's consent. For purposes of this 11 subsection (a-5), "Internet" includes the World Wide Web, 12 electronic mail, a news group posting, or Internet file 13 transfer. 14 (b) Exemptions. The following activities shall be 15 exempt from the provisions of this Section: 16 (1) Videotaping, photographing, and filming by law 17 enforcement officers pursuant to a criminal 18 investigation, which is otherwise lawful; 19 (2) Videotaping, photographing, and filming by 20 correctional officials for security reasons or for 21 investigation of alleged misconduct involving a person 22 committed to the Department of Corrections. 23 (c) The provisions of this Section do not apply to any 24 sound recording of an oral conversation made as the result of 25 the videotaping or filming, and to which Article 14 of this 26 Code applies. 27 (d) Sentence. A violation of subsection (a) or (a-5) is 28 a Class A misdemeanor. 29 (Source: P.A. 87-970.) 30 Section 10. The Sex Offender Registration Act is amended 31 by changing Section 2 as follows: HB3986 Engrossed -7- LRB9111284RCpk 1 (730 ILCS 150/2) (from Ch. 38, par. 222) 2 Sec. 2. Definitions. As used in this Article, the 3 following definitions apply: 4 (A) "Sex offender" means any person who is: 5 (1) charged pursuant to Illinois law, or any 6 substantially similar federal, sister state, or foreign 7 country law, with a sex offense set forth in subsection 8 (B) of this Section or the attempt to commit an included 9 sex offense, and: 10 (a) is convicted of such offense or an attempt 11 to commit such offense; or 12 (b) is found not guilty by reason of insanity 13 of such offense or an attempt to commit such 14 offense; or 15 (c) is found not guilty by reason of insanity 16 pursuant to Section 104-25(c) of the Code of 17 Criminal Procedure of 1963 of such offense or an 18 attempt to commit such offense; or 19 (d) is the subject of a finding not resulting 20 in an acquittal at a hearing conducted pursuant to 21 Section 104-25(a) of the Code of Criminal Procedure 22 of 1963 for the alleged commission or attempted 23 commission of such offense; or 24 (e) is found not guilty by reason of insanity 25 following a hearing conducted pursuant to a federal, 26 sister state, or foreign country law substantially 27 similar to Section 104-25(c) of the Code of Criminal 28 Procedure of 1963 of such offense or of the 29 attempted commission of such offense; or 30 (f) is the subject of a finding not resulting 31 in an acquittal at a hearing conducted pursuant to a 32 federal, sister state, or foreign country law 33 substantially similar to Section 104-25(a) of the 34 Code of Criminal Procedure of 1963 for the alleged HB3986 Engrossed -8- LRB9111284RCpk 1 violation or attempted commission of such offense; 2 or 3 (2) certified as a sexually dangerous person 4 pursuant to the Illinois Sexually Dangerous Persons Act, 5 or any substantially similar federal, sister state, or 6 foreign country law; or 7 (3) subject to the provisions of Section 2 of the 8 Interstate Agreements on Sexually Dangerous Persons Act; 9 or 10 (4) found to be a sexually violent person pursuant 11 to the Sexually Violent Persons Commitment Act or any 12 substantially similar federal, sister state, or foreign 13 country law. 14 Convictions that result from or are connected with the 15 same act, or result from offenses committed at the same time, 16 shall be counted for the purpose of this Article as one 17 conviction. Any conviction set aside pursuant to law is not 18 a conviction for purposes of this Article. 19 (A-5) "Juvenile sex offender" means any person who is 20 adjudicated a juvenile delinquent as the result of the 21 commission of or attempt to commit a violation set forth in 22 item (B), (C), or (C-5) of this Section or a violation of any 23 substantially similar federal, sister state, or foreign 24 country law. For purposes of this Section, "convicted" shall 25 have the same meaning as "adjudicated". 26 (B) As used in this Section, "sex offense" means: 27 (1) A violation of any of the following Sections of 28 the Criminal Code of 1961: 29 11-20.1 (child pornography), 30 11-6 (indecent solicitation of a child), 31 11-9.1 (sexual exploitation of a child), 32 11-15.1 (soliciting for a juvenile prostitute), 33 11-18.1 (patronizing a juvenile prostitute), 34 11-17.1 (keeping a place of juvenile HB3986 Engrossed -9- LRB9111284RCpk 1 prostitution), 2 11-19.1 (juvenile pimping), 3 11-19.2 (exploitation of a child), 4 12-13 (criminal sexual assault), 5 12-14 (aggravated criminal sexual assault), 6 12-14.1 (predatory criminal sexual assault of a 7 child), 8 12-15 (criminal sexual abuse), 9 12-16 (aggravated criminal sexual abuse), 10 12-33 (ritualized abuse of a child). 11 An attempt to commit any of these offenses. 12 (1.5) A felony violation of any of the following 13 Sections of the Criminal Code of 1961, when the victim is 14 a person under 18 years of age, the defendant is not a 15 parent of the victim, and the offense was committed on or 16 after January 1, 1996: 17 10-1 (kidnapping), 18 10-2 (aggravated kidnapping), 19 10-3 (unlawful restraint), 20 10-3.1 (aggravated unlawful restraint). 21 An attempt to commit any of these offenses. 22 (1.6) First degree murder under Section 9-1 of the 23 Criminal Code of 1961, when the victim was a person under 24 18 years of age, the defendant was at least 17 years of 25 age at the time of the commission of the offense, and the 26 offense was committed on or after June 1, 1996. 27 (1.7) (Blank). 28 (1.8) A violation or attempted violation of Section 29 11-11 (sexual relations within families) of the Criminal 30 Code of 1961, when the victim was a person under 18 years 31 of age and the offense was committed on or after June 1, 32 1997. 33 (1.9) Child abduction under paragraph (10) of 34 subsection (b) of Section 10-5 of the Criminal Code of HB3986 Engrossed -10- LRB9111284RCpk 1 1961 committed by luring or attempting to lure a child 2 under the age of 16 into a motor vehicle, building, 3 housetrailer, or dwelling place without the consent of 4 the parent or lawful custodian of the child for other 5 than a lawful purpose and the offense was committed on or 6 after January 1, 1998. 7 (1.10) A violation or attempted violation of any of 8 the following Sections of the Criminal Code of 1961 when 9 the offense was committed on or after the effective date 10 of this amendatory Act of the 91st General Assembly: 11 10-4 (forcible detention, if the victim is 12 under 18 years of age), 13 11-6.5 (indecent solicitation of an adult), 14 11-15 (soliciting for a prostitute, if the 15 victim is under 18 years of age), 16 11-16 (pandering, if the victim is under 18 17 years of age), 18 11-18 (patronizing a prostitute, if the victim 19 is under 18 years of age), 20 11-19 (pimping, if the victim is under 18 21 years of age). 22 (2) A violation of any former law of this State 23 substantially equivalent to any offense listed in 24 subsection (B)(1) of this Section. 25 (C) A conviction for an offense of federal law or the 26 law of another state or a foreign country that is 27 substantially equivalent to any offense listed in subsection 28 (B) of this Section shall constitute a conviction for the 29 purpose of this Article. A finding or adjudication as a 30 sexually dangerous person or a sexually violent person under 31 any federal law or law of another state or foreign country 32 that is substantially equivalent to the Sexually Dangerous 33 Persons Act or the Sexually Violent Persons Commitment Act 34 shall constitute an adjudication for the purposes of this HB3986 Engrossed -11- LRB9111284RCpk 1 Article. 2 (C-5) A person at least 17 years of age at the time of 3 the commission of the offense who is convicted of first 4 degree murder under Section 9-1 of the Criminal Code of 1961, 5 committed on or after June 1, 1996 against a person under 18 6 years of age, shall be required to register for natural life. 7 (D) As used in this Article, "law enforcement agency 8 having jurisdiction" means the Chief of Police in the 9 municipality in which the sex offender expects to reside (1) 10 upon his or her discharge, parole or release or (2) during 11 the service of his or her sentence of probation or 12 conditional discharge, or the Sheriff of the county, in the 13 event no Police Chief exists or if the offender intends to 14 reside in an unincorporated area. "Law enforcement agency 15 having jurisdiction" includes the location where out-of-state 16 students attend school and where out-of-state employees are 17 employed or are otherwise required to register. 18 (E) As used in this Article, "sexual predator" means any 19 person who, after the effective date of this amendatory Act 20 of the 91st General Assembly, is: 21 (1) Convicted of a violation of any of the 22 following Sections of the Criminal Code of 1961 and the 23 conviction occurred after the effective date of this 24 amendatory Act of the 91st General Assembly: 25 11-17.1 (keeping a place of juvenile 26 prostitution), 27 11-19.1 (juvenile pimping), 28 11-19.2 (exploitation of a child), 29 11-20.1 (child pornography), 30 12-13 (criminal sexual assault, if the victim 31 is a person under 12 years of age), 32 12-14 (aggravated criminal sexual assault), 33 12-14.1 (predatory criminal sexual assault of 34 a child), HB3986 Engrossed -12- LRB9111284RCpk 1 12-16 (aggravated criminal sexual abuse), 2 12-33 (ritualized abuse of a child); or 3 (2) convicted of first degree murder under Section 4 9-1 of the Criminal Code of 1961, notwithstanding that 5 victim was a person under 18 years of age and the 6 defendant was at least 17 years of age at the time of the 7 commission of the offense; or 8 (3) certified as a sexually dangerous person 9 pursuant to the Sexually Dangerous Persons Act or any 10 substantially similar federal, sister state, or foreign 11 country law; or 12 (4) found to be a sexually violent person pursuant 13 to the Sexually Violent Persons Commitment Act or any 14 substantially similar federal, sister state, or foreign 15 country law; or 16 (5) convicted of a second or subsequent offense 17 which requires registration pursuant to this Act. The 18 conviction for the second or subsequent offense must have 19 occurred after the effective date of this amendatory Act 20 of the 91st General Assembly. For purposes of this 21 paragraph (5), "convicted" includes a conviction under 22 any substantially similar Illinois, federal, sister 23 state, or foreign country law. 24 As used in this Article, "sexual predator" also includes 25 a person who has been charged with indecent solicitation of a 26 child under Section 11-6 or child pornography under Section 27 11-20.1 of the Criminal Code of 1961 in which the basis of 28 the charges are that the defendant attempted to solicit a 29 child by means of the Internet or disseminated child 30 pornography by means of the Internet; notwithstanding that 31 the charges have been dismissed or the defendant has been 32 convicted of a lesser included offense arising out of the 33 same conduct. For purposes of this paragraph (E), "Internet" 34 includes e-mail, a computer chat room, newsgroup, or World HB3986 Engrossed -13- LRB9111284RCpk 1 Wide Web. 2 (F) As used in this Article, "out-of-state student" 3 means any sex offender or sexual predator who is enrolled in 4 Illinois, on a full-time or part-time basis, in any public or 5 private educational institution, including, but not limited 6 to, any secondary school, trade or professional institution, 7 or institution of higher learning. 8 (G) As used in this Article, "out-of-state employee" 9 means any sex offender or sexual predator who works in 10 Illinois, regardless of whether the individual receives 11 payment for services performed, for a period of time 12 exceeding 14 days or for an aggregate period of time 13 exceeding 30 days during any calendar year. Persons who 14 operate motor vehicles in the State accrue one day of 15 employment time for any portion of a day spent in Illinois. 16 (Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98; 17 90-655, eff. 7-30-98; 91-48, eff. 7-1-99.)