Bill Amendment: IL SB1402 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-ASSET FREEZE ORDER

Status: 2019-01-09 - Session Sine Die [SB1402 Detail]

Download: Illinois-2017-SB1402-House_Amendment_001.html

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Rep. Elgie R. Sims, Jr.

Filed: 5/29/2017

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AMENDMENT TO SENATE BILL 1402
AMENDMENT NO. ______. Amend Senate Bill 1402 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by adding the heading of Article 112B and Sections
112B-1, 112B-2, 112B-3, 112B-4, and 112B-5 as follows:
(725 ILCS 5/Art. 112B heading new)
ARTICLE 112B. ASSET DISSIPATION RELIEF
(725 ILCS 5/112B-1 new)
Sec. 112B-1. Definitions. In this Article:
"Asset" means anything that may be the subject of
ownership, whether real or personal, tangible or intangible, or
legal or equitable, or any interest in it, which is not exempt
from execution under applicable law.
"Crime of violence" has the meaning ascribed to it in

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Section 2 of the Crime Victims Compensation Act.
"Dissipate" means to take an action with regard to an asset
of a defendant to defeat satisfaction of an existing or future
judgment for a fine, restitution, assessment, or court costs
after conviction, including:
(1) selling, removing, transferring, assigning,
encumbering, or similarly dealing with the asset;
(2) instructing, requesting, counseling, demanding, or
encouraging any other person to take an action described in
paragraph (1) of this definition; and
(3) facilitating, assisting in, aiding, abetting, or
participating in an action described in paragraph (1) or
(2) of this definition.
"Lien" means a charge against or an interest in property to
secure payment of a debt or performance of an obligation, and
includes a security interest created by agreement, a judicial
lien obtained by legal or equitable process or proceedings, a
common-law lien, or a statutory lien.
"Nonparty" means a person that is not a defendant and has
custody or control of an asset of a defendant who is subject to
an asset dissipation relief order. The term includes a person
that holds a joint ownership interest in an asset with a
defendant against which an asset dissipation relief order has
been entered.
"Sex offense" means a violation of Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012.

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"State" means the prosecutor who filed the charge against
the defendant and brings an action for an asset dissipation
relief order.
"Transfer" means every mode, direct or indirect, absolute
or conditional, voluntary or involuntary, of disposing of or
parting with an asset or an interest in an asset, and includes
payment of money, release, lease, and creation of a lien or
other encumbrance.
"Transferee" means an individual, estate, business or
nonprofit entity, public corporation, government or
governmental subdivision, agency, or instrumentality, or other
legal entity.
(725 ILCS 5/112B-2 new)
Sec. 112B-2. Scope.
(a) This Article applies to the property of a defendant
charged with or convicted of a crime of violence or sex offense
in which the victim is under 18 years of age.
(b) This Article does not apply to or limit a right or
remedy available to the State, defendant, or nonparty to the
extent that a federal law or regulation preempts this Article.
(c) This Article does not affect a right or remedy
including a right or remedy arising from the creation,
perfection, priority, or enforcement of a security interest or
other interests that existed before an order takes effect.
(d) This Article does not prevent the exercise of other

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remedies not inconsistent with this Article.
(725 ILCS 5/112B-3 new)
Sec. 112B-3. Asset dissipation relief.
(a) The State may seek asset dissipation relief against a
transfer or obligation of an asset knowingly made to dissipate
the asset and may obtain:
(1) avoidance of the transfer or obligation to the
extent necessary to satisfy an existing or future judgment
for a fine, restitution, assessment, or court costs;
(2) an attachment or other provisional remedy against
the asset transferred or other property of the transferee
in accordance with the procedure prescribed by the Code of
Civil Procedure; or
(3) subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(A) an injunction against further disposition by
the defendant or a transferee, or both, of the asset
transferred or of other property;
(B) appointment of a receiver to take charge of the
asset transferred or of other property of the
transferee; or
(C) any other relief the circumstances may
require.
(b) Notwithstanding voidability of a transfer or an
obligation under this Section, a good-faith transferee or

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obligee is entitled, to the extent of the value given the
defendant for the transfer or obligation, to: (1) a lien on or
a right to retain any interest in the asset transferred; or (2)
enforcement of any obligation incurred.
(c) The court shall limit an asset dissipation relief order
to provide a sufficient amount to provide the legal
representation needs of the defendant for any pending criminal
charge against him or her, including responding and contesting
motions and orders under this Article.
(d) An asset dissipation relief order remains in effect
until it is vacated by the court, or the criminal charge is
resolved by agreement of the State and defendant, operation of
law, or satisfaction of a judgment entered against the
defendant against whom the order was issued.
(725 ILCS 5/112B-4 new)
Sec. 112B-4. Indemnity.
The court may indemnify a nonparty for the reasonable costs
of compliance with the order and compensate for any loss caused
by the order from the assets of the defendant.
(725 ILCS 5/112B-5 new)
Sec. 112B-5. Appeal. The State, defendant, or nonparty may
appeal an order issued, including an interlocutory appeal,
under this Article granting, continuing, modifying, refusing,
or dissolving an asset dissipation relief order.".