Full Text of SB2347 99th General Assembly
SB2347sam001 99TH GENERAL ASSEMBLY | Sen. Michael Connelly Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2347
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2347 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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
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| 1 | | indecent solicitation of a child if the person knowingly | 2 | | discusses an act of sexual conduct or sexual penetration with a | 3 | | child or with one whom he or she believes
to be a child by means | 4 | | of the Internet with the intent that the offense of aggravated | 5 | | criminal sexual assault, predatory criminal sexual assault of a | 6 | | child, or aggravated criminal sexual abuse be committed. | 7 | | (a-6) It is not a defense to subsection (a-5) that the | 8 | | person did not solicit the child to perform sexual conduct or | 9 | | sexual penetration with the person.
| 10 | | (b) Definitions. As used in this Section:
| 11 | | "Solicit" means to command, authorize, urge, incite, | 12 | | request, or
advise another to perform an act by any means | 13 | | including, but not limited to, in
person, over the phone, | 14 | | in writing, by computer, or by advertisement of any
kind.
| 15 | | "Child" means a person under 17 years of age.
| 16 | | "Internet" has the meaning set forth in Section 16-0.1 | 17 | | of this Code.
| 18 | | "Sexual penetration" or "sexual conduct" are defined | 19 | | in Section 11-0.1 of this Code.
| 20 | | (c) Sentence. Indecent solicitation of a child under | 21 | | subsection (a) is:
| 22 | | (1) a Class 1 felony when the act, if done, would be | 23 | | predatory criminal
sexual assault of a child or aggravated | 24 | | criminal sexual assault;
| 25 | | (2) a Class 2 felony when the act, if done, would be | 26 | | criminal sexual
assault;
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| 1 | | (3) a Class 3 felony when the act, if done, would be | 2 | | aggravated criminal
sexual abuse.
| 3 | | Indecent solicitation of a child under subsection (a-5) is | 4 | | a Class 4 felony.
| 5 | | (d) Forfeiture of property. A person convicted under this | 6 | | Section is subject to the property forfeiture provisions set | 7 | | forth in Article 124B of the Code of Criminal Procedure of | 8 | | 1963. | 9 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 10 | | (720 ILCS 5/11-25) | 11 | | Sec. 11-25. Grooming. | 12 | | (a) A person commits grooming when he or she knowingly uses | 13 | | a computer on-line service, Internet service, local bulletin | 14 | | board service, or any other device capable of electronic data | 15 | | storage or transmission to seduce, solicit, lure, or entice, or | 16 | | attempt to seduce, solicit, lure, or entice, a child, a child's | 17 | | guardian, or another person believed by the person to be a | 18 | | child or a child's guardian, to commit any sex offense as | 19 | | defined in Section 2 of the Sex Offender Registration Act, to | 20 | | distribute photographs depicting the sex organs of the child, | 21 | | or to otherwise engage in any unlawful sexual conduct with a | 22 | | child or with another person believed by the person to be a | 23 | | child. | 24 | | (b) Sentence. Grooming is a Class 4 felony.
| 25 | | (c) Forfeiture of property. A person convicted under this |
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| 1 | | Section is subject to the property forfeiture provisions set | 2 | | forth in Article 124B of the Code of Criminal Procedure of | 3 | | 1963. | 4 | | (Source: P.A. 98-919, eff. 1-1-15 .) | 5 | | (720 ILCS 5/11-26) | 6 | | Sec. 11-26. Traveling to meet a minor. | 7 | | (a) A person commits the offense of traveling to meet a | 8 | | minor when he or she travels any distance either within this | 9 | | State, to this State, or from this State by any means, attempts | 10 | | to do so, or causes another to do so or attempt to do so for the | 11 | | purpose of engaging in any sex offense as defined in Section 2 | 12 | | of the Sex Offender Registration Act, or to otherwise engage in | 13 | | other unlawful sexual conduct with a child or with another | 14 | | person believed by the person to be a child after using a | 15 | | computer on-line service, Internet service, local bulletin | 16 | | board service, or any other device capable of electronic data | 17 | | storage or transmission to seduce, solicit, lure, or entice, or | 18 | | to attempt to seduce, solicit, lure, or entice, a child or a | 19 | | child's guardian, or another person believed by the person to | 20 | | be a child or a child's guardian, for such purpose. | 21 | | (b) Sentence. Traveling to meet a minor is a Class 3 | 22 | | felony.
| 23 | | (c) Forfeiture of property. A person convicted under this | 24 | | Section is subject to the property forfeiture provisions set | 25 | | forth in Article 124B of the Code of Criminal Procedure of |
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| 1 | | 1963. | 2 | | (Source: P.A. 95-901, eff. 1-1-09.) | 3 | | Section 10. The Code of Criminal Procedure of 1963 is | 4 | | amended by changing Sections 124B-10, 124B-100, 124B-500, and | 5 | | 124B-505 as follows:
| 6 | | (725 ILCS 5/124B-10)
| 7 | | Sec. 124B-10. Applicability; offenses. This Article | 8 | | applies to forfeiture of property in connection with the | 9 | | following: | 10 | | (1) A violation of Section 10-9 or 10A-10 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 | 12 | | (involuntary servitude; involuntary servitude of a minor; | 13 | | or trafficking in persons). | 14 | | (1.5) A violation of Section 11-6, 11-25, or 11-26 of | 15 | | the Criminal Code of 2012 (indecent solicitation of a | 16 | | child; grooming; or traveling to meet a minor). | 17 | | (2) A violation of subdivision (a)(1) 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 11-17.1 of the Criminal Code of 1961 (keeping a | 21 | | place of juvenile prostitution). | 22 | | (3) A violation of subdivision (a)(4) of Section | 23 | | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | 24 | | of 2012 (promoting juvenile prostitution) or a violation of |
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| 1 | | Section 11-19.2 of the Criminal Code of 1961 (exploitation | 2 | | of a child). | 3 | | (4) A second or subsequent violation of Section 11-20 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012 | 5 | | (obscenity). | 6 | | (5) A violation of Section 11-20.1 of the Criminal Code | 7 | | of 1961 or the Criminal Code of 2012 (child pornography). | 8 | | (6) A violation of Section 11-20.1B or 11-20.3 of the | 9 | | Criminal Code of 1961 (aggravated child pornography). | 10 | | (6.5) A violation of Section 11-23.5 of the Criminal | 11 | | Code of 2012. | 12 | | (7) A violation of Section 12C-65 of the Criminal Code | 13 | | of 2012 or Article 44 of the Criminal Code of 1961 | 14 | | (unlawful transfer of a telecommunications device to a | 15 | | minor). | 16 | | (8) A violation of Section 17-50 or Section 16D-5 of | 17 | | the Criminal Code of 2012 or the Criminal Code of 1961 | 18 | | (computer fraud). | 19 | | (9) A felony violation of Section 17-6.3 or Article 17B | 20 | | of the Criminal Code of 2012 or the Criminal Code of 1961 | 21 | | (WIC fraud). | 22 | | (10) A felony violation of Section 48-1 of the Criminal | 23 | | Code of 2012 or Section 26-5 of the Criminal Code of 1961 | 24 | | (dog fighting). | 25 | | (11) A violation of Article 29D of the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012 (terrorism). |
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| 1 | | (12) A felony violation of Section 4.01 of the Humane | 2 | | Care for Animals Act (animals in entertainment).
| 3 | | (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; | 4 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. | 5 | | 6-1-15 .)
| 6 | | (725 ILCS 5/124B-100)
| 7 | | Sec. 124B-100. Definition; "offense". For purposes of this | 8 | | Article, "offense" is defined as follows: | 9 | | (1) In the case of forfeiture authorized under Section | 10 | | 10A-15 of the Criminal Code of 1961 or Section 10-9 of the | 11 | | Criminal Code of 2012, "offense" means the offense of | 12 | | involuntary servitude, involuntary servitude of a minor, | 13 | | or trafficking in persons in violation of Section 10-9 or | 14 | | 10A-10 of those Codes. | 15 | | (1.5) In the case of forfeiture authorized under | 16 | | Section 11-6, 11-25, or 11-26 of the Criminal Code of 2012, | 17 | | "offense" means the offense of indecent solicitation of a | 18 | | child, grooming, or traveling to meet a minor in violation | 19 | | of Section 11-6, 11-25, or 11-26 of that Code. | 20 | | (2) In the case of forfeiture authorized under | 21 | | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | 22 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 23 | | "offense" means the offense of promoting juvenile | 24 | | prostitution or keeping a place of juvenile prostitution in | 25 | | violation of subdivision (a)(1) of Section 11-14.4, or |
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| 1 | | Section 11-17.1, of those Codes. | 2 | | (3) In the case of forfeiture authorized under | 3 | | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | "offense" means the offense of promoting juvenile | 6 | | prostitution or exploitation of a child in violation of | 7 | | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | 8 | | of those Codes. | 9 | | (4) In the case of forfeiture authorized under Section | 10 | | 11-20 of the Criminal Code of 1961 or the Criminal Code of | 11 | | 2012, "offense" means the offense of obscenity in violation | 12 | | of that Section. | 13 | | (5) In the case of forfeiture authorized under Section | 14 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 15 | | of 2012, "offense" means the offense of child pornography | 16 | | in violation of Section 11-20.1 of that Code. | 17 | | (6) In the case of forfeiture authorized under Section | 18 | | 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" | 19 | | means the offense of aggravated child pornography in | 20 | | violation of Section 11-20.1B or 11-20.3 of that Code. | 21 | | (7) In the case of forfeiture authorized under Section | 22 | | 12C-65 of the Criminal Code of 2012 or Article 44 of the | 23 | | Criminal Code of 1961, "offense" means the offense of | 24 | | unlawful transfer of a telecommunications device to a minor | 25 | | in violation of Section 12C-65 or Article 44 of those | 26 | | Codes. |
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| 1 | | (8) In the case of forfeiture authorized under Section | 2 | | 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012, "offense" means the offense of computer fraud | 4 | | in violation of Section 17-50 or 16D-5 of those Codes. | 5 | | (9) In the case of forfeiture authorized under Section | 6 | | 17-6.3 or Article 17B of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012, "offense" means any felony violation | 8 | | of Section 17-6.3 or Article 17B of those Codes. | 9 | | (10) In the case of forfeiture authorized under Section | 10 | | 29D-65 of the Criminal Code of 1961 or the Criminal Code of | 11 | | 2012, "offense" means any offense under Article 29D of that | 12 | | Code. | 13 | | (11) In the case of forfeiture authorized under Section | 14 | | 4.01 of the Humane Care for Animals Act, Section 26-5 of | 15 | | the Criminal Code of 1961, or Section 48-1 of the Criminal | 16 | | Code of 2012, "offense" means any felony offense under | 17 | | either of those Sections.
| 18 | | (12) In the case of forfeiture authorized under Section | 19 | | 124B-1000(b) of the Code of Criminal Procedure of 1963, | 20 | | "offense" means an offense in violation of the Criminal | 21 | | Code of 1961, the Criminal Code of 2012, the Illinois | 22 | | Controlled Substances Act, the Cannabis Control Act, or the | 23 | | Methamphetamine Control and Community Protection Act, or | 24 | | an offense involving a telecommunications device possessed | 25 | | by a person on the real property of any elementary or | 26 | | secondary school without authority of the school |
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| 1 | | principal. | 2 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | 3 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | 4 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 5 | | (725 ILCS 5/124B-500) | 6 | | Sec. 124B-500. Persons and property subject to forfeiture. | 7 | | A person who commits child pornography, aggravated child | 8 | | pornography, or non-consensual dissemination of private sexual | 9 | | images under Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of | 10 | | the Criminal Code of 1961 or the Criminal Code of 2012 , or | 11 | | indecent solicitation of a child, grooming, or traveling to | 12 | | meet a minor under Section 11-6, 11-25, or 11-26 of the | 13 | | Criminal Code of 2012, shall forfeit the following property to | 14 | | the State
of Illinois: | 15 | | (1) Any profits or proceeds and any property the person | 16 | | has acquired or maintained in violation of Section 11-20.1, | 17 | | 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 | 18 | | or the Criminal Code of 2012 that the sentencing court | 19 | | determines, after a forfeiture hearing under this Article, | 20 | | to have been acquired or maintained as a result of child | 21 | | pornography, aggravated child pornography, or | 22 | | non-consensual dissemination of private sexual images. | 23 | | (2) Any interest in, securities of, claim against, or | 24 | | property or contractual right of any kind affording a | 25 | | source of influence over any enterprise that the person has |
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| 1 | | established, operated, controlled, or conducted in | 2 | | violation of Section 11-20.1, 11-20.1B, 11-20.3, or | 3 | | 11-23.5 of the Criminal Code of 1961 or the Criminal Code | 4 | | of 2012 that the sentencing court determines, after a | 5 | | forfeiture hearing under this Article, to have been | 6 | | acquired or maintained as a result of child pornography, | 7 | | aggravated child pornography, or non-consensual | 8 | | dissemination of private sexual images. | 9 | | (3) Any computer that contains a depiction of child | 10 | | pornography in any encoded or decoded format in violation | 11 | | of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012. For purposes of | 13 | | this paragraph (3), "computer" has the meaning ascribed to | 14 | | it in Section 17-0.5 of the Criminal Code of 2012.
| 15 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15; | 16 | | 98-1138, eff. 6-1-15 .) | 17 | | (725 ILCS 5/124B-505)
| 18 | | Sec. 124B-505. Distribution of property and sale proceeds. | 19 | | (a) All moneys and the sale proceeds of all other property | 20 | | forfeited and seized under this Part 500 shall be distributed | 21 | | as follows: | 22 | | (1) One-half shall be divided equally between all State | 23 | | agencies and units of local government whose officers or | 24 | | employees conducted the investigation that resulted in the | 25 | | forfeiture. |
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| 1 | | (2) One-half shall be deposited into the Violent Crime | 2 | | Victims Assistance Fund. | 3 | | (b) Before any distribution under subsection (a), the | 4 | | Attorney General or State's Attorney shall retain from the | 5 | | forfeited moneys or sale proceeds, or both, sufficient moneys | 6 | | to cover expenses related to the administration and sale of the | 7 | | forfeited property.
| 8 | | (c) Before any distribution under subsection (a), a law | 9 | | enforcement agency shall retain from the forfeited money, | 10 | | property, or sale proceeds, any computer or monies to support | 11 | | the training and equipment needs of the agency's child | 12 | | exploitation unit and to further future investigations. The | 13 | | computer may also be recommissioned for official use by the | 14 | | agency or destroyed. A computer subject to seizure and | 15 | | forfeiture under paragraph (3) of Section 124B-500 of this Code | 16 | | shall not be returned to the defendant or his or her designee. | 17 | | (Source: P.A. 96-712, eff. 1-1-10.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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