Sen. A. J. Wilhelmi
Filed: 5/20/2011
 
 


 




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1
AMENDMENT TO SENATE BILL 1044




2 AMENDMENT NO. ______. Amend Senate Bill 1044 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Section 124B-500 and by adding Part 650 to 
6Article 124B as follows:

7 (725 ILCS 5/124B-500)
8 (Text of Section after amendment by P.A. 96-1551)
9 Sec. 124B-500. Persons and property subject to forfeiture. 
10Except as provided in Part 650 of this Article, a A person who 
11commits the offense of promoting juvenile prostitution, 
12keeping a place of juvenile prostitution, exploitation of a 
13child, child pornography, or aggravated child pornography 
14under subdivision (a)(1) or (a)(4) of Section 11-14.4 or under 
15Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of the 
16Criminal Code of 1961 shall forfeit the following property to 
 
 
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1the State
of Illinois:
2  (1) Any profits or proceeds and any property the person 
3 has acquired or maintained in violation of subdivision 
4 (a)(1) or (a)(4) of Section 11-14.4 or in violation of 
5 Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of 
6 the Criminal Code of 1961 that the sentencing court 
7 determines, after a forfeiture hearing under this Article, 
8 to have been acquired or maintained as a result of keeping 
9 a place of juvenile prostitution, exploitation of a child, 
10 child pornography, or aggravated child pornography.
11  (2) Any interest in, securities of, claim against, or 
12 property or contractual right of any kind affording a 
13 source of influence over any enterprise that the person has 
14 established, operated, controlled, or conducted in 
15 violation of subdivision (a)(1) or (a)(4) of Section 
16 11-14.4 or in violation of Section 11-17.1, 11-19.2, 
17 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 
18 that the sentencing court determines, after a forfeiture 
19 hearing under this Article, to have been acquired or 
20 maintained as a result of keeping a place of juvenile 
21 prostitution, exploitation of a child, child pornography, 
22 or aggravated child pornography.
23  (3) (Blank). Any computer that contains a depiction of 
24 child pornography in any encoded or decoded format in 
25 violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the 
26 Criminal Code of 1961. For purposes of this paragraph (3), 
 
 
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1 "computer" has the meaning ascribed to it in Section 16D-2 
2 of the Criminal Code of 1961.

3(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)

4 (725 ILCS 5/Art. 124B Pt. 650 heading new)
5
Part 650.  Persons and Property Subject to Forfeiture


6 (725 ILCS 5/124B-650 new)
7 Sec. 124B-650. Persons and property subject to forfeiture. 
8 (a) For the purpose of this Part 650, "computer facilitated 
9child exploitation offense" includes any of the
following 
10offenses in which a computer was utilized in any part, whether 
11direct or indirect, to commit or in any manner
facilitate the 
12commission of the offense of:
13  (1) luring of a minor (720 ILCS 5/10-5.1);
14  (2) indecent solicitation of a child (720 ILCS 5/11-6);
15  (3) solicitation to meet a child (720 ILCS 5/11-6.6);
16  (4) sexual exploitation of a child (720 ILCS 5/11-9.1);
17  (5) child pornography (720 ILCS 5/11-20.1);
18  (6) aggravated child pornography (720 ILCS 5/11-20.3 
19 or 5/11-20.1B);
20  (7) child photography by sex offender (720 ILCS 
21 5/11-24);
22  (8) grooming (720 ILCS 5/11-25); or
23  (9) traveling to meet a minor (720 ILCS 5/11-26).
24 (b) Any person who has committed a computer facilitated 
 
 
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1child exploitation offense shall forfeit any property that the

2forfeiture court determines, after a forfeiture hearing under 
3this Article, (i) the person has maintained or used, in whole

4or in part, to assist, provide location for, or facilitate, 
5directly or indirectly, the commission of the violation; or 
6(ii) the
person has acquired, in whole or in part, as a result 
7of committing the computer facilitated child exploitation 
8offense.
9 (c) Property subject to forfeiture under this Part 650 
10includes the following:
11  (1) Any computer as defined in Section 16D-2 of the 
12 Criminal Code of 1961 used, in any manner or part, to 
13 commit or in any manner to facilitate
the commission of a 
14 computer facilitated child exploitation offense, or any 
15 other computer networked together with such
a computer 
16 inside the same residence. For purposes of this paragraph 
17 (1), "networked together" means connected via a wired or 
18 wireless protocol
for the purpose of sharing networked 
19 resources, including, but not limited to, Internet access, 
20 file sharing,
printers, peer-to-peer protocol usage, or 
21 media streaming.
22  (2) All moneys, things of value, books, records, and 
23 research products and materials that are used or intended 
24 to be used
in committing a computer facilitated child 
25 exploitation offense.
26  (3) Any vehicle that is used or intended to be used, in 
 
 
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1 any manner or part, to commit or in any manner facilitate 
2 the
commission of a computer facilitated child 
3 exploitation offense, including any right, title, and 
4 interest in that vehicle.
5  (4) All real property, including any right, title, and 
6 interest (including, but not limited to, any leasehold 
7 interest or the
beneficial interest in a land trust) in the 
8 whole of any lot or tract of land and any appurtenances or 
9 improvements, that
is used or intended to be used, in any 
10 manner or part, to commit or in any manner to facilitate 
11 the commission of a
computer facilitated child 
12 exploitation offense.

13 (725 ILCS 5/124B-655 new)
14 Sec. 124B-655. Distribution of property and sale proceeds. 
15 (a) All moneys and the sale proceeds of all other property 
16forfeited and seized under this Part 650 shall be distributed 
17as provided for under Section 124B-505. However, if the 
18services of a computer forensic laboratory were used in the 
19detection, investigation, or prosecution of any of the offenses 
20described in subsection (a) of Section 124B-650, then 12.5% of 
21the total moneys and sales proceeds, taken from the one-half 
22described in paragraph (1) of subsection (a) of Section 
23124B-505, shall be distributed to the unit of local government 
24operating the computer forensic laboratory. Amounts 
25distributed to the unit of local government operating the 
 
 
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1computer forensic laboratory shall be used for training or 
2enforcement purposes relating to detection, investigation, or 
3prosecution of computer facilitated child exploitation 
4offenses. If, however, the investigation, arrest or arrests, 
5and prosecution leading to the forfeiture were undertaken 
6solely by a State agency, the portion provided under paragraph 
7(1) of subsection (a) of Section 124B-505 shall be paid into 
8the State Police Services Fund of the Illinois Department of 
9State Police to be used for training or enforcement purposes 
10relating to detection, investigation, or prosecution of 
11computer facilitated child exploitation offenses.
12 (b) For purposes of this Section, "computer forensic 
13laboratory" means a secure facility with 3 or more
forensic 
14workstations networked to a centralized forensic file server, 
15staffed with at least one computer forensic
examiner holding a 
16nationally recognized computer forensic examination 
17certification.".