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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB4072
LRB9111281RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 11-20.1A.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 11-20.1A as follows:
7 (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
8 Sec. 11-20.1A. (a) A person who commits the offense of
9 keeping a place of juvenile prostitution, exploitation of a
10 child or child pornography under Sections 11-17.1, 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 has acquired or maintained in violation of
14 Sections 11-17.1, 11-19.2 or 11-20.1 of this Code that
15 the sentencing court determines, after a forfeiture
16 hearing, to have been acquired or maintained as a result
17 of keeping a place of juvenile prostitution, exploitation
18 of a child or child pornography; and
19 (2) any interest in, security of, claim against, or
20 property or contractual right of any kind affording a
21 source of influence over, any enterprise which he has
22 established, operated, controlled or conducted in
23 violation of Sections 11-17.1, 11-19.2 or 11-20.1 of this
24 Code that the sentencing court determines, after a
25 forfeiture hearing, to have been acquired or maintained
26 as a result of keeping a place of juvenile prostitution,
27 exploitation of a child or child pornography; and.
28 (3) any computer that contains a depiction of child
29 pornography in any encoded or decoded format in violation
30 of Section 11-20.1 of this Code. For purposes of this
31 paragraph (3), "computer" has the meaning ascribed to it
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1 in Section 16D-2 of this Code.
2 (b) (1) The court shall, upon petition by the Attorney
3 General or State's Attorney at any time following
4 sentencing, conduct a hearing to determine whether any
5 property or property interest is subject to forfeiture
6 under this Section. At the forfeiture hearing the people
7 shall have the burden of establishing, by a preponderance
8 of the evidence, that property or property interests are
9 subject to forfeiture under this Section.
10 (2) In any action brought by the People of the
11 State of Illinois under this Section, wherein any
12 restraining order, injunction or prohibition or any other
13 action in connection with any property or interest
14 subject to forfeiture under this Section is sought, the
15 circuit court presiding over the trial of the person or
16 persons charged with keeping a place of juvenile
17 prostitution, exploitation of a child or child
18 pornography shall first determine whether there is
19 probable cause to believe that the person or persons so
20 charged have committed the offense of keeping a place of
21 juvenile prostitution, exploitation of a child or child
22 pornography and whether the property or interest is
23 subject to forfeiture pursuant to this Section. In order
24 to make such a determination, prior to entering any such
25 order, the court shall conduct a hearing without a jury,
26 wherein the People shall establish that there is: (i)
27 probable cause that the person or persons so charged have
28 committed the offense of keeping a place of juvenile
29 prostitution, exploitation of a child or child
30 pornography and (ii) probable cause that any property or
31 interest may be subject to forfeiture pursuant to this
32 Section. Such hearing may be conducted simultaneously
33 with a preliminary hearing, if the prosecution is
34 commenced by information or complaint, or by motion of
-3- LRB9111281RCpc
1 the People, at any stage in the proceedings. The court
2 may accept a finding of probable cause at a preliminary
3 hearing following the filing of an information charging
4 the offense of keeping a place of juvenile prostitution,
5 exploitation of a child or child pornography or the
6 return of an indictment by a grand jury charging the
7 offense of keeping a place of juvenile prostitution,
8 exploitation of a child or child pornography as
9 sufficient evidence of probable cause as provided in item
10 (i) above. Upon such a finding, the circuit court shall
11 enter such restraining order, injunction or prohibition,
12 or shall take such other action in connection with any
13 such property or other interest subject to forfeiture, as
14 is necessary to insure that such property is not removed
15 from the jurisdiction of the court, concealed, destroyed
16 or otherwise disposed of by the owner of that property or
17 interest prior to a forfeiture hearing under this
18 Section. The Attorney General or State's Attorney shall
19 file a certified copy of such restraining order,
20 injunction or other prohibition with the recorder of
21 deeds or registrar of titles of each county where any
22 such property of the defendant may be located. No such
23 injunction, restraining order or other prohibition shall
24 affect the rights of any bona fide purchaser, mortgagee,
25 judgment creditor or other lienholder arising prior to
26 the date of such filing. The court may, at any time, upon
27 verified petition by the defendant or an innocent owner
28 or innocent bona fide third party lienholder who neither
29 had knowledge of, nor consented to, the illegal act or
30 omission, conduct a hearing to release all or portions of
31 any such property or interest which the court previously
32 determined to be subject to forfeiture or subject to any
33 restraining order, injunction, or prohibition or other
34 action. The court may release such property to the
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1 defendant or innocent owner or innocent bona fide third
2 party lienholder who neither had knowledge of, nor
3 consented to, the illegal act or omission for good cause
4 shown and within the sound discretion of the court.
5 A forfeiture under this Section may be commenced by
6 the Attorney General or a State's Attorney.
7 (3) Upon conviction of a person of keeping a place
8 of juvenile prostitution, exploitation of a child or
9 child pornography, the court shall authorize the Attorney
10 General to seize all property or other interest declared
11 forfeited under this Section upon such terms and
12 conditions as the court shall deem proper.
13 (4) The Attorney General is authorized to sell all
14 property forfeited and seized pursuant to this Section,
15 unless such property is required by law to be destroyed
16 or is harmful to the public, and, after the deduction of
17 all requisite expenses of administration and sale, shall
18 distribute the proceeds of such sale, along with any
19 moneys forfeited or seized, in accordance with subsection
20 (c) of this Section.
21 (c) All monies forfeited and the sale proceeds of all
22 other property forfeited and seized under this Section shall
23 be distributed as follows:
24 (1) One-half shall be divided equally among all
25 State agencies and units of local government whose
26 officers or employees conducted the investigation which
27 resulted in the forfeiture; and
28 (2) One-half shall be deposited in the Violent Crime
29 Victims Assistance Fund.
30 (Source: P.A. 91-229, eff. 1-1-00.)