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92_HB0229eng HB0229 Engrossed LRB9202523RCdv 1 AN ACT 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 Section 11-20.1A as follows: 6 (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A) 7 Sec. 11-20.1A. Forfeitures. 8 (a) A person who commits the offense of keeping a place 9 of juvenile prostitution, exploitation of a child, or child 10 pornography under SectionSections11-17.1, 11-19.2, or 11 11-20.1 of this Code,shall forfeit to the State of Illinois: 12 (1) Any profits or proceeds and any interest or 13 property he or she has acquired or maintained in 14 violation of SectionSections11-17.1, 11-19.2, or 15 11-20.1 of this Code that the sentencing court 16 determines, after a forfeiture hearing, to have been 17 acquired or maintained as a result of keeping a place of 18 juvenile prostitution, exploitation of a child, or child 19 pornography.; and20 (2) Any interest in, security of, claim against, or 21 property or contractual right of any kind affording a 22 source of influence over,any enterprise thatwhichhe or 23 she has established, operated, controlled, or conducted 24 in violation of SectionSections11-17.1, 11-19.2, or 25 11-20.1 of this Code that the sentencing court 26 determines, after a forfeiture hearing, to have been 27 acquired or maintained as a result of keeping a place of 28 juvenile prostitution, exploitation of a child, or child 29 pornography. 30 (3) Any computer that contains a depiction of child 31 pornography in any encoded or decoded format in violation HB0229 Engrossed -2- LRB9202523RCdv 1 of Section 11-20.1 of this Code. For purposes of this 2 paragraph (3), "computer" has the meaning ascribed to it 3 in Section 16D-2 of this Code. 4 (b) (1) The court shall, upon petition by the Attorney 5 General or State's Attorney at any time following 6 sentencing, conduct a hearing to determine whether any 7 property or property interest is subject to forfeiture 8 under this Section. At the forfeiture hearing the people 9 shall have the burden of establishing, by a preponderance 10 of the evidence, that property or property interests are 11 subject to forfeiture under this Section. 12 (2) In any action brought by the People of the 13 State of Illinois under this Section, wherein any 14 restraining order, injunction or prohibition or any other 15 action in connection with any property or interest 16 subject to forfeiture under this Section is sought, the 17 circuit court presiding over the trial of the person or 18 persons charged with keeping a place of juvenile 19 prostitution, exploitation of a child or child 20 pornography shall first determine whether there is 21 probable cause to believe that the person or persons so 22 charged have committed the offense of keeping a place of 23 juvenile prostitution, exploitation of a child or child 24 pornography and whether the property or interest is 25 subject to forfeiture pursuant to this Section. In order 26 to make such a determination, prior to entering any such 27 order, the court shall conduct a hearing without a jury, 28 wherein the People shall establish that there is: (i) 29 probable cause that the person or persons so charged have 30 committed the offense of keeping a place of juvenile 31 prostitution, exploitation of a child or child 32 pornography and (ii) probable cause that any property or 33 interest may be subject to forfeiture pursuant to this 34 Section. Such hearing may be conducted simultaneously HB0229 Engrossed -3- LRB9202523RCdv 1 with a preliminary hearing, if the prosecution is 2 commenced by information or complaint, or by motion of 3 the People, at any stage in the proceedings. The court 4 may accept a finding of probable cause at a preliminary 5 hearing following the filing of an information charging 6 the offense of keeping a place of juvenile prostitution, 7 exploitation of a child or child pornography or the 8 return of an indictment by a grand jury charging the 9 offense of keeping a place of juvenile prostitution, 10 exploitation of a child or child pornography as 11 sufficient evidence of probable cause as provided in item 12 (i) above. Upon such a finding, the circuit court shall 13 enter such restraining order, injunction or prohibition, 14 or shall take such other action in connection with any 15 such property or other interest subject to forfeiture, as 16 is necessary to insure that such property is not removed 17 from the jurisdiction of the court, concealed, destroyed 18 or otherwise disposed of by the owner of that property or 19 interest prior to a forfeiture hearing under this 20 Section. The Attorney General or State's Attorney shall 21 file a certified copy of such restraining order, 22 injunction or other prohibition with the recorder of 23 deeds or registrar of titles of each county where any 24 such property of the defendant may be located. No such 25 injunction, restraining order or other prohibition shall 26 affect the rights of any bona fide purchaser, mortgagee, 27 judgment creditor or other lienholder arising prior to 28 the date of such filing. The court may, at any time, upon 29 verified petition by the defendant or an innocent owner 30 or innocent bona fide third party lienholder who neither 31 had knowledge of, nor consented to, the illegal act or 32 omission, conduct a hearing to release all or portions of 33 any such property or interest which the court previously 34 determined to be subject to forfeiture or subject to any HB0229 Engrossed -4- LRB9202523RCdv 1 restraining order, injunction, or prohibition or other 2 action. The court may release such property to the 3 defendant or innocent owner or innocent bona fide third 4 party lienholder who neither had knowledge of, nor 5 consented to, the illegal act or omission for good cause 6 shown and within the sound discretion of the court. 7 A forfeiture under this Section may be commenced by 8 the Attorney General or a State's Attorney. 9 (3) Upon conviction of a person of keeping a place 10 of juvenile prostitution, exploitation of a child or 11 child pornography, the court shall authorize the Attorney 12 General to seize all property or other interest declared 13 forfeited under this Section upon such terms and 14 conditions as the court shall deem proper. 15 (4) The Attorney General is authorized to sell all 16 property forfeited and seized pursuant to this Section, 17 unless such property is required by law to be destroyed 18 or is harmful to the public, and, after the deduction of 19 all requisite expenses of administration and sale, shall 20 distribute the proceeds of such sale, along with any 21 moneys forfeited or seized, in accordance with subsection 22 (c) of this Section. 23 (c) All monies forfeited and the sale proceeds of all 24 other property forfeited and seized under this Section shall 25 be distributed as follows: 26 (1) One-half shall be divided equally among all 27 State agencies and units of local government whose 28 officers or employees conducted the investigation which 29 resulted in the forfeiture; and 30 (2) One-half shall be deposited in the Violent Crime 31 Victims Assistance Fund. 32 (Source: P.A. 91-229, eff. 1-1-00.)