CRIMINAL LAW-TECH
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SB 1325 — CRIMINAL LAW-TECH
Last action — Public Act . . . . . . . . . 96-0712
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 10, 2009. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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11 sponsors
0 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning appeals by the State.
Bill Text
What changed in the latest version
118 added · 118 removedPlain-language change summary
The updated version of SB 1325 includes a significant amendment to the Humane Care for Animals Act, specifically clarifying that the regulations do not apply to shows involving only dogs, which will instead fall under a different legal section. This change is important because it streamlines the legal framework regarding animal involvement in entertainment, ensuring that dog-related events aren't subjected to the more stringent regulations meant for other animals. Additionally, the language surrounding prohibited actions related to animal fighting and entertainment remains consistent, emphasizing the bill's focus on animal welfare. Overall, these modifications aim to enhance clarity and enforceability in the law.
SB1325 EngrossedEnrolled LRB096 09472 RLC 19629 b AN ACT concerning criminal law.
(c) No person shall sell or offer for sale, ship, SB1325 EngrossedEnrolled - 2 - LRB096 09472 RLC 19629 b transport, or otherwise move, or deliver or receive any animal which he or she knows or should know has been captured, bred, or trained, or will be used, to fight another animal or human or be intentionally killed, for the purpose of sport, wagering, or entertainment.
(g) No person shall attend or otherwise patronize any show, SB1325 EngrossedEnrolled - 3 - LRB096 09472 RLC 19629 b exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more animals, or any animal and human, or the intentional killing of any animal for the purposes of sport, wagering or entertainment.
Any veterinarian who in good faith complies with the requirements of this subsection has immunity from any SB1325 EngrossedEnrolled - 4 - LRB096 09472 RLC 19629 b liability, civil, criminal, or otherwise, that may result from his or her actions.
(4) A person convicted of violating subsection (l) of SB1325 EngrossedEnrolled - 5 - LRB096 09472 RLC 19629 b this Section is guilty of a Class A misdemeanor.
(b) The court shall, upon petition by the Attorney General or State's Attorney at any time following sentencing, conduct a SB1325 EngrossedEnrolled - 6 - LRB096 09472 RLC 19629 b hearing to determine whether any property or property interest is subject to forfeiture under this Section.
The hearing may be SB1325 EngrossedEnrolled - 7 - LRB096 09472 RLC 19629 b 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.
No such injunction, restraining order, or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the SB1325 EngrossedEnrolled - 8 - LRB096 09472 RLC 19629 b date of such filing.
and (2) one-half shall be deposited into the Violent Crime SB1325 EngrossedEnrolled - 9 - LRB096 09472 RLC 19629 b Victims Assistance Fund and targeted to services for victims of the offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services.
11-19.2) SB1325 EngrossedEnrolled - 10 - LRB096 09472 RLC 19629 b Sec.
(B) For purposes of this Section, administering drugs, as defined in subsection (A), or an alcoholic intoxicant to a child under the age of 13 or a severely or profoundly mentally SB1325 EngrossedEnrolled - 11 - LRB096 09472 RLC 19629 b retarded person shall be deemed to be without consent if such administering is done without the consent of the parents or legal guardian.
or (3) Publishes, exhibits or otherwise makes available SB1325 EngrossedEnrolled - 12 - LRB096 09472 RLC 19629 b anything obscene;
Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears SB1325 EngrossedEnrolled - 13 - LRB096 09472 RLC 19629 b from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
SB1325 EngrossedEnrolled - 14 - LRB096 09472 RLC 19629 b (d) Sentence.
It is therefore necessary to supplement SB1325 EngrossedEnrolled - 15 - LRB096 09472 RLC 19629 b existing sanctions by mandating forfeiture of money and other assets generated by this crime.
At any time following a second or subsequent conviction for obscenity, the court shall, upon SB1325 EngrossedEnrolled - 16 - LRB096 09472 RLC 19629 b petition by the Attorney General or the State's Attorney, conduct a hearing to determine whether there is any property that is subject to forfeiture as provided hereunder.
If the Attorney General or State's Attorney believes any such property describes, depicts SB1325 EngrossedEnrolled - 17 - LRB096 09472 RLC 19629 b or portrays any of the acts or activities described in subsection (b) of this Section, he shall apply to the court for an order to destroy such property, and if the court determines the property describes, depicts or portrays such acts it shall order the Attorney General or State's Attorney to destroy such property.
(b) Twenty-five percent shall be distributed to the county SB1325 EngrossedEnrolled - 18 - LRB096 09472 RLC 19629 b in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws governing obscenity and child pornography.
SB1325 EngrossedEnrolled - 19 - LRB096 09472 RLC 19629 b (Source:
or (iv) actually or by simulation portrayed as being SB1325 EngrossedEnrolled - 20 - LRB096 09472 RLC 19629 b the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal;
or (3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, SB1325 EngrossedEnrolled - 21 - LRB096 09472 RLC 19629 b videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection;
or (5) is a parent, step-parent, legal guardian or other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly mentally retarded person to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs SB1325 EngrossedEnrolled - 22 - LRB096 09472 RLC 19629 b (i) through (vii) of paragraph (1) of this subsection;
(b) (1) It shall be an affirmative defense to a charge of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under this Section, he took some affirmative action or made a bonafide SB1325 EngrossedEnrolled - 23 - LRB096 09472 RLC 19629 b inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his reliance upon the information so obtained was clearly reasonable.
(c) Violation of paragraph (1), (4), (5), or (7) of SB1325 EngrossedEnrolled - 24 - LRB096 09472 RLC 19629 b subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
SB1325 EngrossedEnrolled - 25 - LRB096 09472 RLC 19629 b In addition, any person convicted under this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(4) "Depict by computer" means to generate or create, SB1325 EngrossedEnrolled - 26 - LRB096 09472 RLC 19629 b or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
"Child" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction SB1325 EngrossedEnrolled - 27 - LRB096 09472 RLC 19629 b or depiction by computer is of a person under the age of 18.
(G) SB1325 EngrossedEnrolled - 28 - LRB096 09472 RLC 19629 b Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons.
(2) It is the purpose of this amendatory Act of 1999 to prevent or minimize any problems relating to prosecutions SB1325 EngrossedEnrolled - 29 - LRB096 09472 RLC 19629 b for child pornography that may result from challenges to the constitutional validity of Public Act 88-680 by re-enacting the Section relating to child pornography that was included in Public Act 88-680.
(a) A person commits the offense of aggravated child SB1325 EngrossedEnrolled - 30 - LRB096 09472 RLC 19629 b pornography who:
or (vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual SB1325 EngrossedEnrolled - 31 - LRB096 09472 RLC 19629 b context;
or (4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she knows or reasonably should know to be under the age of 13 to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in SB1325 EngrossedEnrolled - 32 - LRB096 09472 RLC 19629 b which the child or severely or profoundly mentally retarded person is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection;
or (7) solicits, or knowingly uses, persuades, induces, entices, or coerces a person to provide a child under the age of 13 to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child SB1325 EngrossedEnrolled - 33 - LRB096 09472 RLC 19629 b will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection.
(4) The charge of aggravated child pornography does not apply to a person who does not voluntarily possess a film, SB1325 EngrossedEnrolled - 34 - LRB096 09472 RLC 19629 b videotape, or visual reproduction or depiction by computer in which aggravated child pornography is depicted.
SB1325 EngrossedEnrolled - 35 - LRB096 09472 RLC 19629 b (4) A person who commits a violation of paragraph (6) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.
(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of SB1325 EngrossedEnrolled - 36 - LRB096 09472 RLC 19629 b this Code for the seizure and forfeiture of vessels, vehicles and aircraft.
SB1325 EngrossedEnrolled - 37 - LRB096 09472 RLC 19629 b (3) "Reproduce" means to make a duplication or copy.
(g) When a charge of aggravated child pornography is brought, the age of the child is an element of the offense to be resolved by the trier of fact as either exceeding or not SB1325 EngrossedEnrolled - 38 - LRB096 09472 RLC 19629 b exceeding the age in question.
SB1325 EngrossedEnrolled - 39 - LRB096 09472 RLC 19629 b (a) The sentencing court shall, upon petition by the prosecuting agency, whether it is the Attorney General or a 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.
In order to make this determination, prior to entering any such order, the court SB1325 EngrossedEnrolled - 40 - LRB096 09472 RLC 19629 b shall conduct a hearing without a jury, where the People shall establish:
Show all 118 changed lines (78 more)
No such injunction, restraining order or other prohibition shall SB1325 EngrossedEnrolled - 41 - LRB096 09472 RLC 19629 b affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the date of such filing.
Following the entry of an order of forfeiture, the Attorney General shall publish notice of the order and his intent to SB1325 EngrossedEnrolled - 42 - LRB096 09472 RLC 19629 b dispose of the property.
(2) 50% shall be distributed to the county in which the prosecution and petition for forfeiture resulting in the forfeiture was instituted by the State's Attorney, and deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in training or SB1325 EngrossedEnrolled - 43 - LRB096 09472 RLC 19629 b enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud.
SB1325 EngrossedEnrolled - 44 - LRB096 09472 RLC 19629 b (Source:
SB1325 EngrossedEnrolled - 45 - LRB096 09472 RLC 19629 b (1) All moneys, things of value, books, records, and research products and materials that are used or intended to be used in committing a felony violation of this Article.
The Director or a local law enforcement agency may seize property under this Section without process under any of the following SB1325 EngrossedEnrolled - 46 - LRB096 09472 RLC 19629 b circumstances:
At the forfeiture hearing the SB1325 EngrossedEnrolled - 47 - LRB096 09472 RLC 19629 b People have the burden of establishing, by a preponderance of the evidence, that the property or property interest is subject to forfeiture.
The court may accept, at a preliminary hearing, (i) the filing of an information charging that the defendant committed a felony offense under this Article (ii) the return of an indictment by a grand jury charging that the defendant committed a felony SB1325 EngrossedEnrolled - 48 - LRB096 09472 RLC 19629 b offense under this Article as sufficient evidence of probable cause that the person committed the offense.
Upon conviction of a person for a felony violation of this SB1325 EngrossedEnrolled - 49 - LRB096 09472 RLC 19629 b Article, the court shall authorize the Director or State Police to seize any property or other interest declared forfeited under this Section on terms and conditions the court deems proper.
(5) Place the property under constructive seizure by SB1325 EngrossedEnrolled - 50 - LRB096 09472 RLC 19629 b posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property.
Except as provided in subsection (f), all moneys from penalties and the proceeds of sale of all property SB1325 EngrossedEnrolled - 51 - LRB096 09472 RLC 19629 b forfeited and seized under this Article shall be distributed to the WIC program administered by the Illinois Department of Human Services.
(c) No person may sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any dog which he or she knows has been captured, bred, or trained, or will be used, SB1325 EngrossedEnrolled - 52 - LRB096 09472 RLC 19629 b to fight another dog or human or be intentionally killed for purposes of sport, wagering, or entertainment.
SB1325 EngrossedEnrolled - 53 - LRB096 09472 RLC 19629 b (g) No person may attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog for purposes of sport, wagering, or entertainment.
SB1325 EngrossedEnrolled - 54 - LRB096 09472 RLC 19629 b (ii) the dogfight is performed for the purpose of or in the presence of illegal wagering activity;
(i-5) A person who commits a felony violation of this SB1325 EngrossedEnrolled - 55 - LRB096 09472 RLC 19629 b Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
For the purposes of any proceedings, civil SB1325 EngrossedEnrolled - 56 - LRB096 09472 RLC 19629 b or criminal, the good faith of the veterinarian shall be rebuttably presumed.
Forfeiture of property acquired in connection SB1325 EngrossedEnrolled - 57 - LRB096 09472 RLC 19629 b with a violation of this Article;
In any proceeding to release assets, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was SB1325 EngrossedEnrolled - 58 - LRB096 09472 RLC 19629 b using, is about to use, or is intending to use any property in any way that constitutes or would constitute a violation of this Article.
The hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person SB1325 EngrossedEnrolled - 59 - LRB096 09472 RLC 19629 b determined by the State to have any property interest in the seized or frozen property, a representation that written notice of the date, time, and place of the hearing has been mailed to every such person by certified mail at least 10 days before the date, and a request for forfeiture.
(3) If a seizure or asset freeze under subparagraph (1) SB1325 EngrossedEnrolled - 60 - LRB096 09472 RLC 19629 b of this subsection (a) is not followed by a charge under this Article within 60 days, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction or a judgment of acquittal is entered, the State's Attorney or Attorney General shall immediately commence an in rem proceeding for the forfeiture of any seized money or other things of value, or both, in the circuit court and any person having any property interest in the money or property may commence separate civil proceedings in the manner provided by law.
The person shall also forfeit any interest in, SB1325 EngrossedEnrolled - 61 - LRB096 09472 RLC 19629 b security, claim against, or contractual right of any kind which affords the person a source of influence over any enterprise which he or she has established, operated, controlled, conducted, or participated in conducting, where his or her relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he or she has obtained or acquired through an offense under this Article or which he or she used, about to use, or intended to use in connection with any offense under this Article.
At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, SB1325 EngrossedEnrolled - 62 - LRB096 09472 RLC 19629 b that the property or property interests are subject to forfeiture.
and (ii) probable cause that any SB1325 EngrossedEnrolled - 63 - LRB096 09472 RLC 19629 b property or interest may be subject to forfeiture under this subsection.
No such injunction, restraining order, or other prohibition SB1325 EngrossedEnrolled - 64 - LRB096 09472 RLC 19629 b shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the date of such filing.
or (3) to satisfy any bona-fide purchaser for value of the SB1325 EngrossedEnrolled - 65 - LRB096 09472 RLC 19629 b right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture.
(A)(i) in the case of personal property, is not legally accountable for the conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not SB1325 EngrossedEnrolled - 66 - LRB096 09472 RLC 19629 b reasonably have known of the conduct or that the conduct was likely to occur, or (ii) in the case of real property, is not legally accountable for the conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture;
(i) before the commencement of the conduct giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for SB1325 EngrossedEnrolled - 67 - LRB096 09472 RLC 19629 b value at the time of the conduct;
12-5-02.) (720 ILCS 5/11-20.1A rep.) (720 ILCS 5/37.5-5 rep.) (720 ILCS 5/37.5-10 rep.) (720 ILCS 5/37.5-15 rep.) (720 ILCS 5/37.5-20 rep.) (720 ILCS 5/37.5-25 rep.) (720 ILCS 5/37.5-30 rep.) (720 ILCS 5/37.5-35 rep.) (720 ILCS 5/37.5-40 rep.) SB1325 EngrossedEnrolled - 68 - LRB096 09472 RLC 19629 b (720 ILCS 5/37.5-45 rep.) Section 11.
SB1325 EngrossedEnrolled - 69 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-10 new) Sec.
SB1325 EngrossedEnrolled - 70 - LRB096 09472 RLC 19629 b (11) A felony violation of Section 4.01 of the Humane Care for Animals Act (animals in entertainment).
(3) In the case of forfeiture authorized under Section 11-19.2 of the Criminal Code of 1961, "offense" means the SB1325 EngrossedEnrolled - 71 - LRB096 09472 RLC 19629 b offense of exploitation of a child in violation of Section 11-19.2 of that Code.
(10) In the case of forfeiture authorized under Section 4.01 of the Humane Care for Animals Act or Section 26-5 of the Criminal Code of 1961, "offense" means any felony SB1325 EngrossedEnrolled - 72 - LRB096 09472 RLC 19629 b offense under either of those Sections.
SB1325 EngrossedEnrolled - 73 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-120 new) Sec.
(2) He or she had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to the forfeiture other than as an interest holder in an SB1325 EngrossedEnrolled - 74 - LRB096 09472 RLC 19629 b arms-length commercial transaction.
SB1325 EngrossedEnrolled - 75 - LRB096 09472 RLC 19629 b (A) did not know of the conduct giving rise to the forfeiture;
SB1325 EngrossedEnrolled - 76 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-130 new) Sec.
(A) acquired the interest before the commencement of the conduct giving rise to the forfeiture, and the person whose conduct gave rise to the forfeiture did SB1325 EngrossedEnrolled - 77 - LRB096 09472 RLC 19629 b not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct;
(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the SB1325 EngrossedEnrolled - 78 - LRB096 09472 RLC 19629 b following:
If the court determines, in accordance with Sections 124B-125 through 124B-135, that an innocent owner has a partial interest SB1325 EngrossedEnrolled - 79 - LRB096 09472 RLC 19629 b in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following:
SB1325 EngrossedEnrolled - 80 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-150 new) Sec.
SB1325 EngrossedEnrolled - 81 - LRB096 09472 RLC 19629 b (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b).
(a) A restraining order or injunction entered, or other action taken, by the court under Section 124B-150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the SB1325 EngrossedEnrolled - 82 - LRB096 09472 RLC 19629 b date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B-150.
SB1325 EngrossedEnrolled - 83 - LRB096 09472 RLC 19629 b (b) At the forfeiture hearing, the State has the burden of establishing, by a preponderance of the evidence, that the property is subject to forfeiture under this Article.
(c) Within 30 days after the publication, any person may petition the court to adjudicate the validity of his or her SB1325 EngrossedEnrolled - 84 - LRB096 09472 RLC 19629 b interest in the property and whether the interest is protected under this Article.
(b) The claim must be accompanied by a cost bond in the form of a cashier's check payable to the clerk of the court in SB1325 EngrossedEnrolled - 85 - LRB096 09472 RLC 19629 b the amount of 10% of the reasonable value of the property as alleged by the Attorney General or State's Attorney or the amount of $100, whichever is greater, conditioned upon the claimant's payment, in the case of forfeiture, of all costs and expenses of the proceeding under this Section.
SB1325 EngrossedEnrolled - 86 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-180 new) Sec.
SB1325 EngrossedEnrolled - 87 - LRB096 09472 RLC 19629 b (725 ILCS 5/Art.
(1) 50% shall be divided equally between all State agencies and units of local government whose officers or SB1325 EngrossedEnrolled - 88 - LRB096 09472 RLC 19629 b employees conducted the investigation that resulted in the forfeiture.
Forfeiture diminishes the financial incentives that encourage and sustain obscenity and secures for the State, SB1325 EngrossedEnrolled - 89 - LRB096 09472 RLC 19629 b local government, and prosecutors a resource for prosecuting these crimes.
If the Attorney General or State's Attorney believes any property forfeited and SB1325 EngrossedEnrolled - 90 - LRB096 09472 RLC 19629 b seized under this Part 400 describes, depicts, or portrays any of the acts or activities described in subsection (b) of Section 11-20 of the Criminal Code of 1961, the Attorney General or State's Attorney shall apply to the court for an order to destroy that property.
Amounts distributed to the county for the sheriff or to units of local government under this paragraph shall be used for enforcement of laws or ordinances governing obscenity and SB1325 EngrossedEnrolled - 91 - LRB096 09472 RLC 19629 b child pornography.
SB1325 EngrossedEnrolled - 92 - LRB096 09472 RLC 19629 b (b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.
A person who commits the offense of keeping a place of juvenile prostitution, exploitation of a child, child pornography, or aggravated child pornography under Section 11-17.1, 11-19.2, SB1325 EngrossedEnrolled - 93 - LRB096 09472 RLC 19629 b 11-20.1, or 11-20.3 of the Criminal Code of 1961 shall forfeit the following property to the State of Illinois:
SB1325 EngrossedEnrolled - 94 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-505 new) Sec.
Computer Crime SB1325 EngrossedEnrolled - 95 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-600 new) Sec.
Amounts SB1325 EngrossedEnrolled - 96 - LRB096 09472 RLC 19629 b distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation, or prosecution of financial crimes, including computer fraud.
If the Attorney General and the State's Attorney have participated jointly in any part of the proceedings, 25% of the proceeds forfeited shall be paid to the county in which SB1325 EngrossedEnrolled - 97 - LRB096 09472 RLC 19629 b the prosecution and petition for forfeiture resulting in the forfeiture occurred, and 25% shall be paid into the Attorney General's Financial Crime Prevention Fund to be used for the purposes stated in this paragraph (2).
(2) The rights of a creditor, lienholder, or person SB1325 EngrossedEnrolled - 98 - LRB096 09472 RLC 19629 b having a security interest in the computer at the time the offense was committed will be adversely affected.
The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or SB1325 EngrossedEnrolled - 99 - LRB096 09472 RLC 19629 b indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Article 17B of the Criminal Code of 1961.
(3) All real property, including any right, title, and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of Article 17B of the Criminal Code of 1961 or that is the proceeds of any act that constitutes a felony violation of Article 17B of the SB1325 EngrossedEnrolled - 100 - LRB096 09472 RLC 19629 b Criminal Code of 1961.
(5) Place the property under constructive seizure by SB1325 EngrossedEnrolled - 101 - LRB096 09472 RLC 19629 b posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property.
(c) On the application of the seizing agency or prosecutor who was responsible for the investigation, arrest, and prosecution that lead to the forfeiture, however, the Director may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws relating to Article 17B of the Criminal Code of 1961 if the SB1325 EngrossedEnrolled - 102 - LRB096 09472 RLC 19629 b agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts.
SB1325 EngrossedEnrolled - 103 - LRB096 09472 RLC 19629 b (a) A person who commits an offense under Article 29D of the Criminal Code of 1961 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of the offense or (ii) the person used, was about to use, or intended to use in connection with the offense.
(b) For purposes of this Part 800, "person" has the meaning given in Section 124B-115 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and SB1325 EngrossedEnrolled - 104 - LRB096 09472 RLC 19629 b any officer, director, partner, member, or agent of any person.
(c) In any proceeding to release property, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute an offense as defined in this SB1325 EngrossedEnrolled - 105 - LRB096 09472 RLC 19629 b Article.
(b) The State shall commence a forfeiture proceeding under SB1325 EngrossedEnrolled - 106 - LRB096 09472 RLC 19629 b subsection (a) by filing a written petition with the court.
SB1325 EngrossedEnrolled - 107 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-815 new) Sec.
SB1325 EngrossedEnrolled - 108 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-825 new) Sec.
The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program, or other activity featuring or otherwise involving a fight between an animal and any other animal or human or involving the intentional killing of any animal for the purpose of sport, wagering, or entertainment will have a SB1325 EngrossedEnrolled - 109 - LRB096 09472 RLC 19629 b significant beneficial effect in deterring the rising incidence of those activities within this State, as well as other crimes that frequently occur in partnership with animal fighting, such as illegal gambling, possession of narcotics, and weapons violations.
(A) The person organizing the show, exhibition, program, or other activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for SB1325 EngrossedEnrolled - 110 - LRB096 09472 RLC 19629 b Animals Act or Section 26-5 of the Criminal Code of 1961.
(a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or SB1325 EngrossedEnrolled - 111 - LRB096 09472 RLC 19629 b service shall be given or made as follows:
(3) If the owner's or interest holder's address is not SB1325 EngrossedEnrolled - 112 - LRB096 09472 RLC 19629 b known and is not on record as provided in paragraph (2), then notice of pending forfeiture shall be given by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.
A defendant convicted in any criminal proceeding is precluded from later denying the SB1325 EngrossedEnrolled - 113 - LRB096 09472 RLC 19629 b essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction.
SB1325 EngrossedEnrolled - 114 - LRB096 09472 RLC 19629 b (725 ILCS 5/124B-935 new) Sec.
(4) 10% shall be retained by the Department of State Police for expenses related to the administration and sale SB1325 EngrossedEnrolled - 115 - LRB096 09472 RLC 19629 b of seized and forfeited property.
(b) On and after September 18, 1986, there shall be an additional penalty collected from each defendant upon conviction of any felony or upon conviction of or disposition of supervision for any misdemeanor, or upon conviction of or disposition of supervision for any offense under the Illinois Vehicle Code, exclusive of offenses enumerated in paragraph (a)(2) of Section 6-204 of that Code, and exclusive of any offense enumerated in Article VI of Chapter 11 of that Code relating to restrictions, regulations and limitations on the speed at which a motor vehicle is driven or operated, an additional penalty of $4 for each $40, or fraction thereof, of SB1325 EngrossedEnrolled - 116 - LRB096 09472 RLC 19629 b fine imposed.
For purposes of this Section "fees of the Circuit Clerk" shall include, if applicable, the SB1325 EngrossedEnrolled - 117 - LRB096 09472 RLC 19629 b fee provided for under Section 27.3a of the Clerks of Courts Act and the fee, if applicable, payable to the county in which the violation occurred pursuant to Section 5-1101 of the Counties Code.
The Treasurer shall provide the Attorney General a monthly SB1325 EngrossedEnrolled - 118 - LRB096 09472 RLC 19629 b status report on the amount of money in the Fund.
Show all 118 changed rows (78 more)
Action History
-
Public Act . . . . . . . . . 96-0712
-
Effective Date January 1, 2010
-
Governor Approved
-
Sent to the Governor
-
Passed Both Houses
-
Added Alternate Co-Sponsor Rep. William D. Burns
-
Third Reading - Short Debate - Passed 118-000-000
-
Added Alternate Co-Sponsor Rep. Esther Golar
-
Added Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
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Added Alternate Co-Sponsor Rep. Patricia R. Bellock
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Added Alternate Co-Sponsor Rep. Mary E. Flowers
-
Added Alternate Co-Sponsor Rep. Annazette Collins
-
Added Alternate Co-Sponsor Rep. Kenneth Dunkin
-
Added Alternate Co-Sponsor Rep. Careen M. Gordon
-
Alternate Co-Sponsor Removed Rep. Dennis M. Reboletti
-
Added Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
-
Added Alternate Co-Sponsor Rep. Dennis M. Reboletti
-
Added Alternate Co-Sponsor Rep. Chapin Rose
-
Alternate Chief Co-Sponsor Removed Rep. Dennis M. Reboletti
-
Added Alternate Co-Sponsor Rep. Jim Sacia
-
Added Alternate Chief Co-Sponsor Rep. John A. Fritchey
-
Alternate Chief Co-Sponsor Removed Rep. Jim Sacia
-
Placed on Calendar Order of 3rd Reading - Short Debate
-
Second Reading - Short Debate
-
Added Alternate Chief Co-Sponsor Rep. Jim Sacia
-
Added Alternate Chief Co-Sponsor Rep. Jim Durkin
-
Added Alternate Chief Co-Sponsor Rep. Constance A. Howard
-
Added Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
-
Placed on Calendar 2nd Reading - Short Debate
-
Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
-
Final Action Deadline Extended-9(b) May 31, 2009
-
Motion to Suspend Rule 25 - Prevailed
-
Motion Filed to Suspend Rule 25 Judiciary II - Criminal Law Committee; Rep. Jack D. Franks
-
Assigned to Judiciary II - Criminal Law Committee
-
Chief House Sponsor Rep. Arthur L. Turner
-
Referred to Rules Committee
-
First Reading
-
Placed on Calendar Order of First Reading
-
Arrived in House
-
Third Reading - Passed; 056-000-000
-
Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 1 Adopted; Cullerton
-
Recalled to Second Reading
-
Added as Chief Co-Sponsor Sen. John J. Cullerton
-
Chief Sponsor Changed to Sen. Kirk W. Dillard
-
Added as Chief Co-Sponsor Sen. John J. Millner
-
Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000
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Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
-
Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
-
Added as Chief Co-Sponsor Sen. Kirk W. Dillard
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Rule 2-10 Third Reading Deadline Established As May 31, 2009
-
Rule 2-10 Committee Deadline Established As May 31, 2009
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Placed on Calendar Order of 3rd Reading April 28, 2009
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Second Reading
-
Rule 2-10 Third Reading Deadline Established As April 30, 2009
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Placed on Calendar Order of 2nd Reading March 17, 2009
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Do Pass Executive; 012-000-000
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Assigned to Executive
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. John J. Cullerton
Sponsors
- Kirk W. Dillard · Cosponsor
- Jim Sacia · Cosponsor
- Chapin Rose · Cosponsor
- Careen M. Gordon · Cosponsor
- Kenneth Dunkin · Cosponsor
- Mary E. Flowers · Cosponsor
- Patricia R. Bellock · Cosponsor
- Sr. Eddie Lee Jackson · Cosponsor
- Esther Golar · Cosponsor
- William D. Burns · Cosponsor
- Lakesia Collins · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 11 co-sponsors · 172 not signed on
Sponsors (0)
None.
Co-sponsors (11)
- Kirk W. Dillard
- Jim Sacia
- Chapin Rose Republican
- Careen M. Gordon
- Kenneth Dunkin
- Mary E. Flowers
- Patricia R. Bellock
- Eddie Lee Jackson, Sr.
- Esther Golar
- William D. Burns
- Lakesia Collins Democrat
Not signed on (172)
172 members have not signed on to this bill.
Show all 172 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 0 |
| Democrat | 11 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 118 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Nekritz | — | Yea |
| Lang | — | Yea |
| May | — | Yea |
| Senger | — | Yea |
| Davis, Monique | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Jefferson | — | Yea |
| Madigan | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Moffitt | — | Yea |
| Brady | — | Yea |
| Mulligan | — | Yea |
| Myers | — | Yea |
| Osterman | — | Yea |
| Sullivan | — | Yea |
| Pihos | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Careen | — | Yea |
| Thapedi | — | Yea |
| Gordon, Jehan | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Washington | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Howard | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Hatcher | — | Yea |
| Jackson | — | Yea |
| D'Amico | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Wait | — | Yea |
| Winters | — | Yea |
| Leitch | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Mathias | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| Mendoza | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| McAsey | — | Yea |
| McAuliffe | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 0 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 56 | 0 | 0 | 3 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Demuzio | — | Yea |
| McCarter | — | Not Voting |
| Jacobs | — | Yea |
| Meeks | — | Yea |
| Millner | — | Not Voting |
| Noland | — | Yea |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Hutchinson | — | Yea |
| Pankau | — | Not Voting |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Link | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1325 do?
- Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning appeals by the State.
- Who sponsors SB 1325?
- SB 1325 is sponsored by Kirk W. Dillard, Jim Sacia, Chapin Rose (Republican), Careen M. Gordon, Kenneth Dunkin, Mary E. Flowers, Patricia R. Bellock, Eddie Lee Jackson, Sr., Esther Golar, William D. Burns, and Lakesia Collins (Democrat).
- What is the current status of SB 1325?
- This bill has been enacted into law. Introduced February 10, 2009. Enacted.
- Where can I track SB 1325?
- Track SB 1325 free on One Click Politics — get push/email alerts when it moves.
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