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91_HB3986ham001
LRB9111284WHcsam
1 AMENDMENT TO HOUSE BILL 3986
2 AMENDMENT NO. . Amend House Bill 3986 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT to amend certain Acts in relation to criminal
5 law."; and
6 on page 1, by replacing line 6 with the following:
7 "changing Sections 11-20.1A, 11-20.2, and 26-4 as follows:
8 (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
9 Sec. 11-20.1A. (a) A person who commits the offense of
10 keeping a place of juvenile prostitution, exploitation of a
11 child or child pornography under Sections 11-17.1, 11-19.2 or
12 11-20.1 of this Code, shall forfeit to the State of Illinois:
13 (1) any profits or proceeds and any interest or
14 property he has acquired or maintained in violation of
15 Sections 11-17.1, 11-19.2 or 11-20.1 of this Code that
16 the sentencing court determines, after a forfeiture
17 hearing, to have been acquired or maintained as a result
18 of keeping a place of juvenile prostitution, exploitation
19 of a child or child pornography; and
20 (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 which he has
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1 established, operated, controlled or conducted in
2 violation of Sections 11-17.1, 11-19.2 or 11-20.1 of this
3 Code that the sentencing court determines, after a
4 forfeiture hearing, to have been acquired or maintained
5 as a result of keeping a place of juvenile prostitution,
6 exploitation of a child or child pornography; and.
7 (3) any computer that contains a depiction of child
8 pornography in any encoded or decoded format in violation
9 of Section 11-20.1 of this Code. For purposes of this
10 paragraph (3), "computer" has the meaning ascribed to it
11 in Section 16D-2 of this Code.
12 (b) (1) The court shall, upon petition by the Attorney
13 General or State's Attorney at any time following
14 sentencing, conduct a hearing to determine whether any
15 property or property interest is subject to forfeiture
16 under this Section. At the forfeiture hearing the people
17 shall have the burden of establishing, by a preponderance
18 of the evidence, that property or property interests are
19 subject to forfeiture under this Section.
20 (2) In any action brought by the People of the
21 State of Illinois under this Section, wherein any
22 restraining order, injunction or prohibition or any other
23 action in connection with any property or interest
24 subject to forfeiture under this Section is sought, the
25 circuit court presiding over the trial of the person or
26 persons charged with keeping a place of juvenile
27 prostitution, exploitation of a child or child
28 pornography shall first determine whether there is
29 probable cause to believe that the person or persons so
30 charged have committed the offense of keeping a place of
31 juvenile prostitution, exploitation of a child or child
32 pornography and whether the property or interest is
33 subject to forfeiture pursuant to this Section. In order
34 to make such a determination, prior to entering any such
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1 order, the court shall conduct a hearing without a jury,
2 wherein the People shall establish that there is: (i)
3 probable cause that the person or persons so charged have
4 committed the offense of keeping a place of juvenile
5 prostitution, exploitation of a child or child
6 pornography and (ii) probable cause that any property or
7 interest may be subject to forfeiture pursuant to this
8 Section. Such hearing may be conducted simultaneously
9 with a preliminary hearing, if the prosecution is
10 commenced by information or complaint, or by motion of
11 the People, at any stage in the proceedings. The court
12 may accept a finding of probable cause at a preliminary
13 hearing following the filing of an information charging
14 the offense of keeping a place of juvenile prostitution,
15 exploitation of a child or child pornography or the
16 return of an indictment by a grand jury charging the
17 offense of keeping a place of juvenile prostitution,
18 exploitation of a child or child pornography as
19 sufficient evidence of probable cause as provided in item
20 (i) above. Upon such a finding, the circuit court shall
21 enter such restraining order, injunction or prohibition,
22 or shall take such other action in connection with any
23 such property or other interest subject to forfeiture, as
24 is necessary to insure that such property is not removed
25 from the jurisdiction of the court, concealed, destroyed
26 or otherwise disposed of by the owner of that property or
27 interest prior to a forfeiture hearing under this
28 Section. The Attorney General or State's Attorney shall
29 file a certified copy of such restraining order,
30 injunction or other prohibition with the recorder of
31 deeds or registrar of titles of each county where any
32 such property of the defendant may be located. No such
33 injunction, restraining order or other prohibition shall
34 affect the rights of any bona fide purchaser, mortgagee,
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1 judgment creditor or other lienholder arising prior to
2 the date of such filing. The court may, at any time, upon
3 verified petition by the defendant or an innocent owner
4 or innocent bona fide third party lienholder who neither
5 had knowledge of, nor consented to, the illegal act or
6 omission, conduct a hearing to release all or portions of
7 any such property or interest which the court previously
8 determined to be subject to forfeiture or subject to any
9 restraining order, injunction, or prohibition or other
10 action. The court may release such property to the
11 defendant or innocent owner or innocent bona fide third
12 party lienholder who neither had knowledge of, nor
13 consented to, the illegal act or omission for good cause
14 shown and within the sound discretion of the court.
15 A forfeiture under this Section may be commenced by
16 the Attorney General or a State's Attorney.
17 (3) Upon conviction of a person of keeping a place
18 of juvenile prostitution, exploitation of a child or
19 child pornography, the court shall authorize the Attorney
20 General to seize all property or other interest declared
21 forfeited under this Section upon such terms and
22 conditions as the court shall deem proper.
23 (4) The Attorney General is authorized to sell all
24 property forfeited and seized pursuant to this Section,
25 unless such property is required by law to be destroyed
26 or is harmful to the public, and, after the deduction of
27 all requisite expenses of administration and sale, shall
28 distribute the proceeds of such sale, along with any
29 moneys forfeited or seized, in accordance with subsection
30 (c) of this Section.
31 (c) All monies forfeited and the sale proceeds of all
32 other property forfeited and seized under this Section shall
33 be distributed as follows:
34 (1) One-half shall be divided equally among all
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1 State agencies and units of local government whose
2 officers or employees conducted the investigation which
3 resulted in the forfeiture; and
4 (2) One-half shall be deposited in the Violent Crime
5 Victims Assistance Fund.
6 (Source: P.A. 91-229, eff. 1-1-00.)"; and
7 on page 2, by inserting after line 15 the following:
8 "(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
9 Sec. 26-4. Unauthorized videotaping.
10 (a) It is unlawful for any person to videotape,
11 photograph, or film another person without that person's
12 consent in a restroom, tanning bed, or tanning salon.
13 (a-5) It is unlawful for any person to disseminate on
14 the Internet any images of another person in a restroom
15 without that other person's consent. For purposes of this
16 subsection (a-5), "Internet" includes the World Wide Web,
17 electronic mail, a news group posting, or Internet file
18 transfer.
19 (b) Exemptions. The following activities shall be
20 exempt from the provisions of this Section:
21 (1) Videotaping, photographing, and filming by law
22 enforcement officers pursuant to a criminal
23 investigation, which is otherwise lawful;
24 (2) Videotaping, photographing, and filming by
25 correctional officials for security reasons or for
26 investigation of alleged misconduct involving a person
27 committed to the Department of Corrections.
28 (c) The provisions of this Section do not apply to any
29 sound recording of an oral conversation made as the result of
30 the videotaping or filming, and to which Article 14 of this
31 Code applies.
32 (d) Sentence. A violation of subsection (a) or (a-5) is
33 a Class A misdemeanor.
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1 (Source: P.A. 87-970.)
2 Section 10. The Sex Offender Registration Act is amended
3 by changing Section 2 as follows:
4 (730 ILCS 150/2) (from Ch. 38, par. 222)
5 Sec. 2. Definitions. As used in this Article, the
6 following definitions apply:
7 (A) "Sex offender" means any person who is:
8 (1) charged pursuant to Illinois law, or any
9 substantially similar federal, sister state, or foreign
10 country law, with a sex offense set forth in subsection
11 (B) of this Section or the attempt to commit an included
12 sex offense, and:
13 (a) is convicted of such offense or an attempt
14 to commit such offense; or
15 (b) is found not guilty by reason of insanity
16 of such offense or an attempt to commit such
17 offense; or
18 (c) is found not guilty by reason of insanity
19 pursuant to Section 104-25(c) of the Code of
20 Criminal Procedure of 1963 of such offense or an
21 attempt to commit such offense; or
22 (d) is the subject of a finding not resulting
23 in an acquittal at a hearing conducted pursuant to
24 Section 104-25(a) of the Code of Criminal Procedure
25 of 1963 for the alleged commission or attempted
26 commission of such offense; or
27 (e) is found not guilty by reason of insanity
28 following a hearing conducted pursuant to a federal,
29 sister state, or foreign country law substantially
30 similar to Section 104-25(c) of the Code of Criminal
31 Procedure of 1963 of such offense or of the
32 attempted commission of such offense; or
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1 (f) is the subject of a finding not resulting
2 in an acquittal at a hearing conducted pursuant to a
3 federal, sister state, or foreign country law
4 substantially similar to Section 104-25(a) of the
5 Code of Criminal Procedure of 1963 for the alleged
6 violation or attempted commission of such offense;
7 or
8 (2) certified as a sexually dangerous person
9 pursuant to the Illinois Sexually Dangerous Persons Act,
10 or any substantially similar federal, sister state, or
11 foreign country law; or
12 (3) subject to the provisions of Section 2 of the
13 Interstate Agreements on Sexually Dangerous Persons Act;
14 or
15 (4) found to be a sexually violent person pursuant
16 to the Sexually Violent Persons Commitment Act or any
17 substantially similar federal, sister state, or foreign
18 country law.
19 Convictions that result from or are connected with the
20 same act, or result from offenses committed at the same time,
21 shall be counted for the purpose of this Article as one
22 conviction. Any conviction set aside pursuant to law is not
23 a conviction for purposes of this Article.
24 (A-5) "Juvenile sex offender" means any person who is
25 adjudicated a juvenile delinquent as the result of the
26 commission of or attempt to commit a violation set forth in
27 item (B), (C), or (C-5) of this Section or a violation of any
28 substantially similar federal, sister state, or foreign
29 country law. For purposes of this Section, "convicted" shall
30 have the same meaning as "adjudicated".
31 (B) As used in this Section, "sex offense" means:
32 (1) A violation of any of the following Sections of
33 the Criminal Code of 1961:
34 11-20.1 (child pornography),
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1 11-6 (indecent solicitation of a child),
2 11-9.1 (sexual exploitation of a child),
3 11-15.1 (soliciting for a juvenile prostitute),
4 11-18.1 (patronizing a juvenile prostitute),
5 11-17.1 (keeping a place of juvenile
6 prostitution),
7 11-19.1 (juvenile pimping),
8 11-19.2 (exploitation of a child),
9 12-13 (criminal sexual assault),
10 12-14 (aggravated criminal sexual assault),
11 12-14.1 (predatory criminal sexual assault of a
12 child),
13 12-15 (criminal sexual abuse),
14 12-16 (aggravated criminal sexual abuse),
15 12-33 (ritualized abuse of a child).
16 An attempt to commit any of these offenses.
17 (1.5) A felony violation of any of the following
18 Sections of the Criminal Code of 1961, when the victim is
19 a person under 18 years of age, the defendant is not a
20 parent of the victim, and the offense was committed on or
21 after January 1, 1996:
22 10-1 (kidnapping),
23 10-2 (aggravated kidnapping),
24 10-3 (unlawful restraint),
25 10-3.1 (aggravated unlawful restraint).
26 An attempt to commit any of these offenses.
27 (1.6) First degree murder under Section 9-1 of the
28 Criminal Code of 1961, when the victim was a person under
29 18 years of age, the defendant was at least 17 years of
30 age at the time of the commission of the offense, and the
31 offense was committed on or after June 1, 1996.
32 (1.7) (Blank).
33 (1.8) A violation or attempted violation of Section
34 11-11 (sexual relations within families) of the Criminal
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1 Code of 1961, when the victim was a person under 18 years
2 of age and the offense was committed on or after June 1,
3 1997.
4 (1.9) Child abduction under paragraph (10) of
5 subsection (b) of Section 10-5 of the Criminal Code of
6 1961 committed by luring or attempting to lure a child
7 under the age of 16 into a motor vehicle, building,
8 housetrailer, or dwelling place without the consent of
9 the parent or lawful custodian of the child for other
10 than a lawful purpose and the offense was committed on or
11 after January 1, 1998.
12 (1.10) A violation or attempted violation of any of
13 the following Sections of the Criminal Code of 1961 when
14 the offense was committed on or after the effective date
15 of this amendatory Act of the 91st General Assembly:
16 10-4 (forcible detention, if the victim is
17 under 18 years of age),
18 11-6.5 (indecent solicitation of an adult),
19 11-15 (soliciting for a prostitute, if the
20 victim is under 18 years of age),
21 11-16 (pandering, if the victim is under 18
22 years of age),
23 11-18 (patronizing a prostitute, if the victim
24 is under 18 years of age),
25 11-19 (pimping, if the victim is under 18
26 years of age).
27 (2) A violation of any former law of this State
28 substantially equivalent to any offense listed in
29 subsection (B)(1) of this Section.
30 (C) A conviction for an offense of federal law or the
31 law of another state or a foreign country that is
32 substantially equivalent to any offense listed in subsection
33 (B) of this Section shall constitute a conviction for the
34 purpose of this Article. A finding or adjudication as a
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1 sexually dangerous person or a sexually violent person under
2 any federal law or law of another state or foreign country
3 that is substantially equivalent to the Sexually Dangerous
4 Persons Act or the Sexually Violent Persons Commitment Act
5 shall constitute an adjudication for the purposes of this
6 Article.
7 (C-5) A person at least 17 years of age at the time of
8 the commission of the offense who is convicted of first
9 degree murder under Section 9-1 of the Criminal Code of 1961,
10 committed on or after June 1, 1996 against a person under 18
11 years of age, shall be required to register for natural life.
12 (D) As used in this Article, "law enforcement agency
13 having jurisdiction" means the Chief of Police in the
14 municipality in which the sex offender expects to reside (1)
15 upon his or her discharge, parole or release or (2) during
16 the service of his or her sentence of probation or
17 conditional discharge, or the Sheriff of the county, in the
18 event no Police Chief exists or if the offender intends to
19 reside in an unincorporated area. "Law enforcement agency
20 having jurisdiction" includes the location where out-of-state
21 students attend school and where out-of-state employees are
22 employed or are otherwise required to register.
23 (E) As used in this Article, "sexual predator" means any
24 person who, after the effective date of this amendatory Act
25 of the 91st General Assembly, is:
26 (1) Convicted of a violation of any of the
27 following Sections of the Criminal Code of 1961 and the
28 conviction occurred after the effective date of this
29 amendatory Act of the 91st General Assembly:
30 11-17.1 (keeping a place of juvenile
31 prostitution),
32 11-19.1 (juvenile pimping),
33 11-19.2 (exploitation of a child),
34 11-20.1 (child pornography),
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1 12-13 (criminal sexual assault, if the victim
2 is a person under 12 years of age),
3 12-14 (aggravated criminal sexual assault),
4 12-14.1 (predatory criminal sexual assault of
5 a child),
6 12-16 (aggravated criminal sexual abuse),
7 12-33 (ritualized abuse of a child); or
8 (2) convicted of first degree murder under Section
9 9-1 of the Criminal Code of 1961, notwithstanding that
10 victim was a person under 18 years of age and the
11 defendant was at least 17 years of age at the time of the
12 commission of the offense; or
13 (3) certified as a sexually dangerous person
14 pursuant to the Sexually Dangerous Persons Act or any
15 substantially similar federal, sister state, or foreign
16 country law; or
17 (4) found to be a sexually violent person pursuant
18 to the Sexually Violent Persons Commitment Act or any
19 substantially similar federal, sister state, or foreign
20 country law; or
21 (5) convicted of a second or subsequent offense
22 which requires registration pursuant to this Act. The
23 conviction for the second or subsequent offense must have
24 occurred after the effective date of this amendatory Act
25 of the 91st General Assembly. For purposes of this
26 paragraph (5), "convicted" includes a conviction under
27 any substantially similar Illinois, federal, sister
28 state, or foreign country law.
29 As used in this Article, "sexual predator" also includes
30 a person who has been charged with indecent solicitation of a
31 child under Section 11-6 or child pornography under Section
32 11-20.1 of the Criminal Code of 1961 in which the basis of
33 the charges are that the defendant attempted to solicit a
34 child by means of the Internet or disseminated child
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1 pornography by means of the Internet; notwithstanding that
2 the charges have been dismissed or the defendant has been
3 convicted of a lesser included offense arising out of the
4 same conduct. For purposes of this paragraph (E), "Internet"
5 includes e-mail, a computer chat room, newsgroup, or World
6 Wide Web.
7 (F) As used in this Article, "out-of-state student"
8 means any sex offender or sexual predator who is enrolled in
9 Illinois, on a full-time or part-time basis, in any public or
10 private educational institution, including, but not limited
11 to, any secondary school, trade or professional institution,
12 or institution of higher learning.
13 (G) As used in this Article, "out-of-state employee"
14 means any sex offender or sexual predator who works in
15 Illinois, regardless of whether the individual receives
16 payment for services performed, for a period of time
17 exceeding 14 days or for an aggregate period of time
18 exceeding 30 days during any calendar year. Persons who
19 operate motor vehicles in the State accrue one day of
20 employment time for any portion of a day spent in Illinois.
21 (Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
22 90-655, eff. 7-30-98; 91-48, eff. 7-1-99.)".