State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0175

HB0229 Enrolled                                LRB9202523RCdv

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Section 11-20.1A as follows:

    (720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
    Sec. 11-20.1A.  Forfeitures.
    (a) A person who commits the offense of keeping  a  place
of  juvenile  prostitution, exploitation of a child, or child
pornography  under  Section  Sections  11-17.1,  11-19.2,  or
11-20.1 of this Code, shall forfeit to the State of Illinois:
         (1)  Any profits or proceeds  and  any  interest  or
    property   he  or  she  has  acquired  or  maintained  in
    violation  of  Section  Sections  11-17.1,  11-19.2,   or
    11-20.1   of   this   Code   that  the  sentencing  court
    determines, after a  forfeiture  hearing,  to  have  been
    acquired  or maintained as a result of keeping a place of
    juvenile prostitution, exploitation of a child, or  child
    pornography.; and
         (2)  Any interest in, security of, claim against, or
    property  or  contractual  right  of any kind affording a
    source of influence over, any enterprise that which he or
    she has established, operated, controlled,  or  conducted
    in  violation  of  Section  Sections 11-17.1, 11-19.2, or
    11-20.1  of  this  Code   that   the   sentencing   court
    determines,  after  a  forfeiture  hearing,  to have been
    acquired or maintained as a result of keeping a place  of
    juvenile  prostitution, exploitation of a child, or child
    pornography.
         (3)  Any computer that contains a depiction of child
    pornography in any encoded or decoded format in violation
    of Section 11-20.1 of this Code.  For  purposes  of  this
    paragraph  (3), "computer" has the meaning ascribed to it
    in Section 16D-2 of this Code.
    (b) (1)  The court shall, upon petition by  the  Attorney
    General   or  State's  Attorney  at  any  time  following
    sentencing, conduct a hearing to  determine  whether  any
    property  or  property  interest is subject to forfeiture
    under this Section. At the forfeiture hearing the  people
    shall have the burden of establishing, by a preponderance
    of  the evidence, that property or property interests are
    subject to forfeiture under this Section.
         (2)  In any action brought  by  the  People  of  the
    State   of  Illinois  under  this  Section,  wherein  any
    restraining order, injunction or prohibition or any other
    action  in  connection  with  any  property  or  interest
    subject to forfeiture under this Section is  sought,  the
    circuit  court  presiding over the trial of the person or
    persons  charged  with  keeping  a  place   of   juvenile
    prostitution,   exploitation   of   a   child   or  child
    pornography  shall  first  determine  whether  there   is
    probable  cause  to believe that the person or persons so
    charged have committed the offense of keeping a place  of
    juvenile  prostitution,  exploitation of a child or child
    pornography and  whether  the  property  or  interest  is
    subject to forfeiture pursuant to this Section.  In order
    to  make such a determination, prior to entering any such
    order, the court shall conduct a hearing without a  jury,
    wherein  the  People  shall  establish that there is: (i)
    probable cause that the person or persons so charged have
    committed the offense of  keeping  a  place  of  juvenile
    prostitution,   exploitation   of   a   child   or  child
    pornography and (ii) probable cause that any property  or
    interest  may  be  subject to forfeiture pursuant to this
    Section.  Such hearing may  be  conducted  simultaneously
    with   a  preliminary  hearing,  if  the  prosecution  is
    commenced by information or complaint, or  by  motion  of
    the  People,  at any stage in the proceedings.  The court
    may accept a finding of probable cause at  a  preliminary
    hearing  following  the filing of an information charging
    the offense of keeping a place of juvenile  prostitution,
    exploitation  of  a  child  or  child  pornography or the
    return of an indictment by  a  grand  jury  charging  the
    offense  of  keeping  a  place  of juvenile prostitution,
    exploitation  of  a  child  or   child   pornography   as
    sufficient evidence of probable cause as provided in item
    (i)  above.  Upon such a finding, the circuit court shall
    enter such restraining order, injunction or  prohibition,
    or  shall  take  such other action in connection with any
    such property or other interest subject to forfeiture, as
    is necessary to insure that such property is not  removed
    from  the jurisdiction of the court, concealed, destroyed
    or otherwise disposed of by the owner of that property or
    interest  prior  to  a  forfeiture  hearing  under   this
    Section.  The  Attorney General or State's Attorney shall
    file  a  certified  copy  of  such   restraining   order,
    injunction  or  other  prohibition  with  the recorder of
    deeds or registrar of titles of  each  county  where  any
    such  property  of the defendant may be located.  No such
    injunction, restraining order or other prohibition  shall
    affect  the rights of any bona fide purchaser, mortgagee,
    judgment creditor or other lienholder  arising  prior  to
    the date of such filing. The court may, at any time, upon
    verified  petition  by the defendant or an innocent owner
    or innocent bona fide third party lienholder who  neither
    had  knowledge  of,  nor consented to, the illegal act or
    omission, conduct a hearing to release all or portions of
    any such property or interest which the court  previously
    determined  to be subject to forfeiture or subject to any
    restraining order, injunction, or  prohibition  or  other
    action.   The  court  may  release  such  property to the
    defendant or innocent owner or innocent bona  fide  third
    party  lienholder  who  neither  had  knowledge  of,  nor
    consented  to, the illegal act or omission for good cause
    shown and within the sound discretion of the court.
         A forfeiture under this Section may be commenced  by
    the Attorney General or a State's Attorney.
         (3)  Upon  conviction of a person of keeping a place
    of juvenile prostitution,  exploitation  of  a  child  or
    child pornography, the court shall authorize the Attorney
    General  to seize all property or other interest declared
    forfeited  under  this  Section  upon  such   terms   and
    conditions as the court shall deem proper.
         (4)  The  Attorney General is authorized to sell all
    property forfeited and seized pursuant to  this  Section,
    unless  such  property is required by law to be destroyed
    or is harmful to the public, and, after the deduction  of
    all  requisite expenses of administration and sale, shall
    distribute the proceeds of  such  sale,  along  with  any
    moneys forfeited or seized, in accordance with subsection
    (c) of this Section.
    (c)  All  monies  forfeited  and the sale proceeds of all
other property forfeited and seized under this Section  shall
be distributed as follows:
         (1)  One-half  shall  be  divided  equally among all
    State  agencies  and  units  of  local  government  whose
    officers or employees conducted the  investigation  which
    resulted in the forfeiture; and
         (2) One-half shall be deposited in the Violent Crime
    Victims Assistance Fund.
(Source: P.A. 91-229, eff. 1-1-00.)
    Passed in the General Assembly May 02, 2001.
    Approved July 27, 2001.

[ Top ]