Bill Text: IL SB3558 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Criminal Code of 2012. Imposes an assessment for various human trafficking offenses be collected and distributed in accordance with the Specialized Services for Survivors of Human Trafficking Fund. Amends the Code of Criminal Procedure of 1963. Makes changes concerning forfeiture for individuals convicted of keeping a place of prostitution. Modifies the allocation percentages of moneys and sale proceeds forfeited by individuals convicted of involuntary servitude and trafficking of persons. Amends the Illinois Vehicle Code. Provides that the Secretary may issue special registration plates designated as "Support Survivors of Human Trafficking" license plates. Sets forth registration and fee requirements.

Spectrum: Slight Partisan Bill (Democrat 48-17)

Status: (Passed) 2014-08-21 - Public Act . . . . . . . . . 98-1013 [SB3558 Detail]

Download: Illinois-2013-SB3558-Chaptered.html

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Public Act 098-1013
SB3558 Enrolled LRB098 20002 JLK 55229 b
AN ACT concerning human trafficking.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.855 as follows:
(30 ILCS 105/5.855 new)
Sec. 5.855. The Specialized Services for Survivors of Human
Trafficking Fund.
Section 10. The Clerks of Courts Act is amended by changing
Section 27.6 as follows:
(705 ILCS 105/27.6)
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
97-1150)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section
5-5-6 of the Unified Code of Corrections, contributions to a

local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17
shall be deposited into the Trauma Center Fund. Of the 6.948/17

deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit

clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure

Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $100 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Trauma Center Fund. This
additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount
of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care

for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) (Blank).
(h) (Blank).
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%
shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect

and disburse funds to entities of State and local government as
provided by law.
(j) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
This subsection (j) becomes inoperative 7 years after the
effective date of Public Act 95-154.
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the

Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(n) In addition to any other fines and court costs assessed
by the courts, any person who is convicted of or pleads guilty
to a violation of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar provision of a local ordinance, or
who is convicted of, pleads guilty to, or receives a
disposition of court supervision for a violation of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, shall pay an additional fee of $15 to the clerk of
the circuit court. This additional fee of $15 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing.

This amount, less 2.5% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the State Treasurer within 60 days after
receipt for deposit into the State Police Merit Board Public
Safety Fund.
(o) The amounts collected as fines under Sections 10-9,
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
be collected by the circuit clerk and distributed as provided
under Section 5-9-1.21 of the Unified Code of Corrections in
lieu of any disbursement under subsection (a) of this Section.
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13;
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, and
97-1150)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the fine imposed by Section
5-9-1.15 of the Unified Code of Corrections, the additional fee
required by subsections (b) and (c), restitution under Section

5-5-6 of the Unified Code of Corrections, contributions to a
local anti-crime program ordered pursuant to Section
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
Corrections, reimbursement for the costs of an emergency
response as provided under Section 11-501 of the Illinois
Vehicle Code, any fees collected for attending a traffic safety
program under paragraph (c) of Supreme Court Rule 529, any fee
collected on behalf of a State's Attorney under Section 4-2002
of the Counties Code or a sheriff under Section 4-5001 of the
Counties Code, or any cost imposed under Section 124A-5 of the
Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of
Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, and any violation of
the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as otherwise provided in this
Section shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited into
the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
be deposited into the Drivers Education Fund, and 6.948/17

shall be deposited into the Trauma Center Fund. Of the 6.948/17
deposited into the Trauma Center Fund from the 16.825%
disbursed to the State Treasurer, 50% shall be disbursed to the
Department of Public Health and 50% shall be disbursed to the
Department of Healthcare and Family Services. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, Section 16-104c of the Illinois Vehicle
Code, and subsection (a) of Section 5-1101 of the Counties
Code, unless those amounts are specifically waived by the

judge. With respect to money collected by the circuit clerk as
a result of forfeiture of bail, ex parte judgment or guilty
plea pursuant to Supreme Court Rule 529, the circuit clerk
shall first deduct and pay amounts required by Sections 27.3a
and 27.3c of this Act. Unless a court ordered payment schedule
is implemented or fee requirements are waived pursuant to court
order, the clerk of the court may add to any unpaid fees and
costs a delinquency amount equal to 5% of the unpaid fees that
remain unpaid after 30 days, 10% of the unpaid fees that remain
unpaid after 60 days, and 15% of the unpaid fees that remain
unpaid after 90 days. Notice to those parties may be made by
signage posting or publication. The additional delinquency
amounts collected under this Section shall be deposited in the
Circuit Court Clerk Operation and Administrative Fund to be
used to defray administrative costs incurred by the circuit
clerk in performing the duties required to collect and disburse
funds. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for

deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $100 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Trauma Center Fund. This
additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Circuit Clerk shall submit a report of the amount
of funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer

under this subsection during the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(2) 20% of the amounts collected for Class A and Class
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 or 48-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(e) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and

Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(f) This Section does not apply to the additional child
pornography fines assessed and collected under Section
5-9-1.14 of the Unified Code of Corrections.
(g) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $35, to
be disbursed as provided in Section 16-104d of that Code. This
subsection (g) becomes inoperative 7 years after the effective
date of Public Act 95-154.
(h) In all counties having a population of 3,000,000 or
more inhabitants,
(1) A person who is found guilty of or pleads guilty to
violating subsection (a) of Section 11-501 of the Illinois
Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$750 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) When a crime laboratory DUI analysis fee of $150,
provided for by Section 5-9-1.9 of the Unified Code of
Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section

5-9-1.9 of the Unified Code of Corrections.
(3) When a fine for a violation of Section 11-605.1 of
the Illinois Vehicle Code is $250 or greater, the person
who violated that Section shall be charged an additional
$125 as provided for by subsection (e) of Section 11-605.1
of the Illinois Vehicle Code, which shall be disbursed by
the circuit clerk to a State or county Transportation
Safety Highway Hire-back Fund as provided by subsection (e)
of Section 11-605.1 of the Illinois Vehicle Code.
(4) When a fine for a violation of subsection (a) of
Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(5) When a fine for a violation of subsection (a) of
Section 11-1002.5 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (c) of Section 11-1002.5 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code.
(6) When a mandatory drug court fee of up to $5 is
assessed as provided in subsection (f) of Section 5-1101 of

the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(7) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(8) When a Children's Advocacy Center fee is assessed
pursuant to subsection (f-5) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (f-5) of Section 5-1101 of the
Counties Code.
(9) When a victim impact panel fee is assessed pursuant
to subsection (b) of Section 11-501.01 of the Vehicle Code,
it shall be disbursed by the circuit clerk to the victim
impact panel to be attended by the defendant.
(10) When a new fee collected in traffic cases is
enacted after the effective date of this subsection (h), it
shall be excluded from the percentage disbursement
provisions of this Section unless otherwise indicated by
law.
(i) Of the amounts collected as fines under subsection (b)
of Section 3-712 of the Illinois Vehicle Code, 99% shall be
deposited into the Illinois Military Family Relief Fund and 1%

shall be deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(j) (Blank).
(k) For any conviction or disposition of court supervision
for a violation of Section 11-1429 of the Illinois Vehicle
Code, the circuit clerk shall distribute the fines paid by the
person as specified by subsection (h) of Section 11-1429 of the
Illinois Vehicle Code.
(l) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance shall,
in addition to any other fines, fees, and court costs, pay an
additional fee of $50, which shall be collected by the circuit
clerk and then remitted to the State Treasurer for deposit into
the Roadside Memorial Fund, a special fund in the State
treasury. However, the court may waive the fee if full
restitution is complied with. Subject to appropriation, all
moneys in the Roadside Memorial Fund shall be used by the
Department of Transportation to pay fees imposed under
subsection (f) of Section 20 of the Roadside Memorial Act. The
fee shall be remitted by the circuit clerk within one month
after receipt to the State Treasurer for deposit into the

Roadside Memorial Fund.
(m) Of the amounts collected as fines under subsection (c)
of Section 411.4 of the Illinois Controlled Substances Act or
subsection (c) of Section 90 of the Methamphetamine Control and
Community Protection Act, 99% shall be deposited to the law
enforcement agency or fund specified and 1% shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
to be used to offset the costs incurred by the Circuit Court
Clerk in performing the additional duties required to collect
and disburse funds to entities of State and local government as
provided by law.
(n) In addition to any other fines and court costs assessed
by the courts, any person who is convicted of or pleads guilty
to a violation of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar provision of a local ordinance, or
who is convicted of, pleads guilty to, or receives a
disposition of court supervision for a violation of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, shall pay an additional fee of $15 to the clerk of
the circuit court. This additional fee of $15 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing.
This amount, less 2.5% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the State Treasurer within 60 days after
receipt for deposit into the State Police Merit Board Public

Safety Fund.
(o) The amounts collected as fines under Sections 10-9,
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
be collected by the circuit clerk and distributed as provided
under Section 5-9-1.21 of the Unified Code of Corrections in
lieu of any disbursement under subsection (a) of this Section.
(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1150,
eff. 1-25-13.)
Section 15. The Criminal Code of 2012 is amended by
changing Sections 10-9, 11-14.1, 11-14.3, 11-18, and 36.5-5 as
follows:
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in
Section 12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to,
or received by any person.
(3) "Financial harm" includes intimidation that brings

about financial loss, criminal usury, or employment
contracts that violate the Frauds Act.
(4) (Blank). "
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services,
to secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services,
to secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical
or nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all
the surrounding circumstances, to compel a reasonable
person of the same background and in the same circumstances
to perform or to continue performing labor or services in
order to avoid incurring that harm.
(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for
the benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities
that are "services" under this Section. Nothing in this
definition may be construed to legitimize or legalize
prostitution.
(9) "Sexually-explicit performance" means a live,

recorded, broadcast (including over the Internet), or
public act or show intended to arouse or satisfy the sexual
desires or appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to
the practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits involuntary
servitude when he or she knowingly subjects, attempts to
subject, or engages in a conspiracy to subject another person
to labor or services obtained or maintained through any of the
following means, or any combination of these means:
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport
or other immigration document, or any other actual or
purported government identification document, of another
person;
(5) uses intimidation, or exerts financial control
over any person; or
(6) uses any scheme, plan, or pattern intended to cause
the person to believe that, if the person did not perform
the labor or services, that person or another person would

suffer serious harm or physical restraint.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits involuntary sexual servitude of a minor when he or she
knowingly recruits, entices, harbors, transports, provides, or
obtains by any means, or attempts to recruit, entice, harbor,
provide, or obtain by any means, another person under 18 years
of age, knowing that the minor will engage in commercial sexual
activity, a sexually-explicit performance, or the production
of pornography, or causes or attempts to cause a minor to
engage in one or more of those activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking in
persons when he or she knowingly: (1) recruits, entices,
harbors, transports, provides, or obtains by any means, or
attempts to recruit, entice, harbor, transport, provide, or

obtain by any means, another person, intending or knowing that
the person will be subjected to involuntary servitude; or (2)
benefits, financially or by receiving anything of value, from
participation in a venture that has engaged in an act of
involuntary servitude or involuntary sexual servitude of a
minor.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of this subsection is a Class 1 felony.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant may
be sentenced to an extended-term sentence under Section
5-8-2 of the Unified Code of Corrections. The sentencing
court must take into account the time in which the victim
was held in servitude, with increased penalties for cases
in which the victim was held for between 180 days and one
year, and increased penalties for cases in which the victim
was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into
account the number of victims, and may provide for

substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under
subsection (b), (c), or (d) of this Section, it shall be
collected and distributed to the Specialized Services for
Survivors of Human Trafficking Fund in accordance with Section
5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely

victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not be
required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons under subsection (b), (c), or (d) of this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised
11-12-13.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
11-0.1 of this Code, or any touching or fondling of the sex
organs of one person by another person for the purpose of

sexual arousal or gratification, commits solicitation of a
sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A
misdemeanor. Solicitation of a sexual act from a person who is
under the age of 18 or who is severely or profoundly
intellectually disabled is a Class 4 felony. If the court
imposes a fine under this subsection (b), it shall be collected
and distributed to the Specialized Services for Survivors of
Human Trafficking Fund in accordance with Section 5-9-1.21 of
the Unified Code of Corrections.
(b-5) It is an affirmative defense to a charge of
solicitation of a sexual act with a person who is under the age
of 18 or who is severely or profoundly intellectually disabled
that the accused reasonably believed the person was of the age
of 18 years or over or was not a severely or profoundly
intellectually disabled person at the time of the act giving
rise to the charge.
(c) This Section does not apply to a person engaged in
prostitution who is under 18 years of age.
(d) A person cannot be convicted under this Section if the
practice of prostitution underlying the offense consists
exclusively of the accused's own acts of prostitution under
Section 11-14 of this Code.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/11-14.3)
Sec. 11-14.3. Promoting prostitution.
(a) Any person who knowingly performs any of the following
acts commits promoting prostitution:
(1) advances prostitution as defined in Section
11-0.1;
(2) profits from prostitution by:
(A) compelling a person to become a prostitute;
(B) arranging or offering to arrange a situation in
which a person may practice prostitution; or
(C) any means other than those described in
subparagraph (A) or (B), including from a person who
patronizes a prostitute. This paragraph (C) does not
apply to a person engaged in prostitution who is under
18 years of age. A person cannot be convicted of
promoting prostitution under this paragraph (C) if the
practice of prostitution underlying the offense
consists exclusively of the accused's own acts of
prostitution under Section 11-14 of this Code.
(b) Sentence.
(1) A violation of subdivision (a)(1) is a Class 4
felony, unless committed within 1,000 feet of real property
comprising a school, in which case it is a Class 3 felony.
A second or subsequent violation of subdivision (a)(1), or
any combination of convictions under subdivision (a)(1),
(a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution),

11-14.1 (solicitation of a sexual act), 11-14.4 (promoting
juvenile prostitution), 11-15 (soliciting for a
prostitute), 11-15.1 (soliciting for a juvenile
prostitute), 11-16 (pandering), 11-17 (keeping a place of
prostitution), 11-17.1 (keeping a place of juvenile
prostitution), 11-18 (patronizing a prostitute), 11-18.1
(patronizing a juvenile prostitute), 11-19 (pimping),
11-19.1 (juvenile pimping or aggravated juvenile pimping),
or 11-19.2 (exploitation of a child), is a Class 3 felony.
(2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
is a Class 4 felony, unless committed within 1,000 feet of
real property comprising a school, in which case it is a
Class 3 felony.
(3) A violation of subdivision (a)(2)(C) is a Class 4
felony, unless committed within 1,000 feet of real property
comprising a school, in which case it is a Class 3 felony.
A second or subsequent violation of subdivision (a)(2)(C),
or any combination of convictions under subdivision
(a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B)
of this Section (promoting prostitution), 11-14
(prostitution), 11-14.1 (solicitation of a sexual act),
11-14.4 (promoting juvenile prostitution), 11-15
(soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of
juvenile prostitution), 11-18 (patronizing a prostitute),

11-18.1 (patronizing a juvenile prostitute), 11-19
(pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child), is
a Class 3 felony.
If the court imposes a fine under this subsection (b), it
shall be collected and distributed to the Specialized Services
for Survivors of Human Trafficking Fund in accordance with
Section 5-9-1.21 of the Unified Code of Corrections.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who knowingly performs any of the following
acts with a person not his or her spouse commits patronizing a
prostitute:
(1) Engages in an act of sexual penetration as defined
in Section 11-0.1 of this Code with a prostitute; or
(2) Enters or remains in a place of prostitution with
intent to engage in an act of sexual penetration as defined
in Section 11-0.1 of this Code; or
(3) Engages in any touching or fondling with a
prostitute of the sex organs of one person by the other
person, with the intent to achieve sexual arousal or
gratification.
(b) Sentence.
Patronizing a prostitute is a Class 4 felony, unless

committed within 1,000 feet of real property comprising a
school, in which case it is a Class 3 felony. A person
convicted of a second or subsequent violation of this Section,
or of any combination of such number of convictions under this
Section and Sections 11-14 (prostitution), 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-14.4 (promoting juvenile prostitution),
11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile prostitute),
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child) of this
Code, is guilty of a Class 3 felony. If the court imposes a
fine under this subsection (b), it shall be collected and
distributed to the Specialized Services for Survivors of Human
Trafficking Fund in accordance with Section 5-9-1.21 of the
Unified Code of Corrections.
(c) (Blank).
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11.)
(720 ILCS 5/36.5-5)
Sec. 36.5-5. Vehicle impoundment.
(a) In addition to any other penalty, fee or forfeiture
provided by law, a peace officer who arrests a person for a
violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,

11-18, or 11-18.1 of this Code or related municipal ordinance,
may tow and impound any vehicle used by the person in the
commission of the violation. The person arrested for one or
more such violations shall be charged a $1,000 fee, to be paid
to the law enforcement agency that made the arrest or its
designated representative. The person may recover the vehicle
from the impound after a minimum of 2 hours after arrest upon
payment of the fee.
(b) $500 of the fee shall be distributed to the law
enforcement agency whose peace officers made the arrest, for
the costs incurred by the law enforcement agency to investigate
and to tow and impound the vehicle. Upon the defendant's
conviction of one or more of the violations in connection with
which the vehicle was impounded and the fee imposed under this
Section, the remaining $500 of the fee shall be deposited into
the Specialized Services for Survivors of Human Trafficking
Fund and disbursed in accordance with subsections (d), (e), and
(f) of Section 5-9-1.21 of the Unified Code of Corrections. DHS
State Projects Fund and shall be used by the Department of
Human Services to make grants to non-governmental
organizations to provide services for persons encountered
during the course of an investigation into any violation of
Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
11-19.1, or 11-19.2 of this Code, provided such persons
constitute prostituted persons or other victims of human

trafficking.
(c) Upon the presentation by the defendant of a signed
court order showing that the defendant has been acquitted of
all of the violations in connection with which a vehicle was
impounded and a fee imposed under this Section, or that the
charges against the defendant for those violations have been
dismissed, the law enforcement agency shall refund the $1,000
fee to the defendant.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
1-27-11, and 97-333, eff. 8-12-11; 97-897, eff. 1-1-13;
97-1109, eff. 1-1-13; 98-463, eff. 8-16-13.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Sections 124B-300, 124B-305, and 124B-500
as follows:
(725 ILCS 5/124B-300)
Sec. 124B-300. Persons and property subject to forfeiture.
A person who commits the offense of involuntary servitude,
involuntary servitude of a minor, or trafficking of persons for
forced labor or services under Section 10A-10 or Section 10-9
of the Criminal Code of 1961 or the Criminal Code of 2012,
promoting juvenile prostitution, keeping a place of juvenile
prostitution, or promoting prostitution that involves keeping
a place of prostitution under subsection (a)(1) or (a)(4) of
Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2

of the Criminal Code of 1961 or of the Criminal Code of 2012
shall forfeit to the State of Illinois any profits or proceeds
and any property he or she has acquired or maintained in
violation of Section 10A-10 or Section 10-9 of the Criminal
Code of 1961 or the Criminal Code of 2012, promoting juvenile
prostitution, keeping a place of juvenile prostitution, or
promoting prostitution that involves keeping a place of
prostitution under subsection (a)(1) or (a)(4) of Section
11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the
Criminal Code of 1961 or of the Criminal Code of 2012 that the
sentencing court determines, after a forfeiture hearing under
this Article, to have been acquired or maintained as a result
of maintaining a person in involuntary servitude or
participating in trafficking of persons for forced labor or
services.
(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.)
(725 ILCS 5/124B-305)
Sec. 124B-305. Distribution of property and sale proceeds.
All moneys and the sale proceeds of all other property
forfeited and seized under this Part 300 shall be distributed
as follows:
(1) 45% 50% shall be divided equally between all State
agencies and units of local government whose officers or
employees conducted the investigation or initiated the
hearing that resulted in the forfeiture.

(2) 50% shall be deposited into the Specialized
Services for Survivors of Human Trafficking Fund and
disbursed in accordance with subsections (d), (e), and (f)
of Section 5-9-1.21 of the Unified Code of Corrections DHS
State Projects Fund and targeted to services for victims of
the offenses of involuntary servitude, involuntary sexual
servitude of a minor, and trafficking in persons.
(3) 5% shall be paid to the Office of the State's
Attorneys Appellate Prosecutor to train State's Attorneys
on forfeiture proceedings and topics related to human
trafficking.
(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.)
(725 ILCS 5/124B-500)
Sec. 124B-500. Persons and property subject to forfeiture.
A person who commits the offense of promoting juvenile
prostitution, keeping a place of juvenile prostitution,
exploitation of a child, child pornography, or aggravated child
pornography under subdivision (a)(1) or (a)(4) of Section
11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B,
or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of
2012 shall forfeit the following property to the State of
Illinois:
(1) Any profits or proceeds and any property the person
has acquired or maintained in violation of subdivision
(a)(1) or (a)(4) of Section 11-14.4 or in violation of

Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of
the Criminal Code of 1961 or the Criminal Code of 2012 that
the sentencing court determines, after a forfeiture
hearing under this Article, to have been acquired or
maintained as a result of keeping a place of juvenile
prostitution, exploitation of a child, child pornography,
or aggravated child pornography.
(2) Any interest in, securities of, claim against, or
property or contractual right of any kind affording a
source of influence over any enterprise that the person has
established, operated, controlled, or conducted in
violation of subdivision (a)(1) or (a)(4) of Section
11-14.4 or in violation of Section 11-17.1, 11-19.2,
11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961
or the Criminal Code of 2012 that the sentencing court
determines, after a forfeiture hearing under this Article,
to have been acquired or maintained as a result of keeping
a place of juvenile prostitution, exploitation of a child,
child pornography, or aggravated 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, 11-20.1B, or 11-20.3 of the Criminal
Code of 1961 or the Criminal Code of 2012. For purposes of
this paragraph (3), "computer" has the meaning ascribed to
it in Section 17-0.5 of the Criminal Code of 2012.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;

97-1150, eff. 1-25-13.)
Section 25. The Unified Code of Corrections is amended by
adding Section 5-9-1.21 as follows:
(730 ILCS 5/5-9-1.21 new)
Sec. 5-9-1.21. Specialized Services for Survivors of Human
Trafficking Fund.
(a) There is created in the State treasury a Specialized
Services for Survivors of Human Trafficking Fund. Moneys
deposited into the Fund under this Section shall be available
for the Department of Human Services for the purposes in this
Section.
(b) Each plea of guilty, stipulation of facts, or finding
of guilt resulting in a judgment of conviction or order of
supervision for an offense under Section 10-9, 11-14.1,
11-14.3, or 11-18 of the Criminal Code of 2012 that results in
the imposition of a fine shall have a portion of that fine
deposited into the Specialized Services for Survivors of Human
Trafficking Fund.
(c) If imposed, the fine shall be collected by the circuit
court clerk in addition to any other imposed fee. The circuit
court clerk shall retain $50 to cover the costs in
administering and enforcing this Section. The circuit court
clerk shall remit the remainder of the fine within one month of
its receipt as follows:

(1) $300 shall be distributed equally between all State
law enforcement agencies whose officers or employees
conducted the investigation or prosecution that resulted
in the finding of guilt; and
(2) the remainder of the fine shall be remitted to the
Department of Human Services for deposit into the
Specialized Services for Survivors of Human Trafficking
Fund.
(d) Upon appropriation of moneys from the Specialized
Services for Survivors of Human Trafficking Fund, the
Department of Human Services shall use these moneys to make
grants to non-governmental organizations to provide
specialized, trauma-informed services specifically designed to
address the priority service needs associated with
prostitution and human trafficking. Priority services include,
but are not limited to, community based drop-in centers,
emergency housing, and long-term safe homes. The Department
shall consult with prostitution and human trafficking
advocates, survivors, and service providers to identify
priority service needs in their respective communities.
(e) Grants made under this Section are in addition to, and
not substitutes for, other grants authorized and made by the
Department.
(f) Notwithstanding any other law to the contrary, the
Specialized Services for Survivors of Human Trafficking Fund is
not subject to sweeps, administrative charge-backs, or any

other fiscal maneuver that would in any way transfer any
amounts from the Specialized Services for Survivors of Human
Trafficking Fund into any other fund of the State.