Bill Text: IL SB2347 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Provides that computers seized during the commission of indecent solicitation of a child, child pornography, aggravated child pornography, non-consensual dissemination of private sexual images, grooming, or traveling to meet a minor, and forfeited, before there is to be a distribution of property or sale proceeds, the computers or monies seized and forfeited for those offenses may be used to support the training, equipment or investigation needs of the child exploitation unit of the law enforcement agency. The computers may also be recommissioned for official use by the agency or destroyed. The law enforcement agency shall not be ordered by the court to return the computer to the defendant or his or her designee. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-13 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2347 Detail]

Download: Illinois-2015-SB2347-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2347 Introduced 1/28/2016, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-6 from Ch. 38, par. 11-6
720 ILCS 5/11-25
720 ILCS 5/11-26
725 ILCS 5/124B-10
725 ILCS 5/124B-100
725 ILCS 5/124B-500
725 ILCS 5/124B-505
Amends the Criminal Code of 2012 and the Code of Criminal Procedure of 1963. Provides that computers seized during the commission of indecent solicitation of a child, child pornography, aggravated child pornography, non-consensual dissemination of private sexual images, grooming, or traveling to meet a minor, and forfeited, before there is to be a distribution of property or sale proceeds, the computers or monies seized and forfeited for those offenses may be used to support the training, equipment or investigation needs of the child exploitation unit of the law enforcement agency. The computers may also be recommissioned for official use by the agency or destroyed. The law enforcement agency shall not be ordered by the court to return the computer to the defendant or his or her designee. Effective immediately.
LRB099 16740 SLF 41079 b
A BILL FOR
SB2347 LRB099 16740 SLF 41079 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 11-6, 11-25, and 11-26 as follows:
(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
Sec. 11-6. Indecent solicitation of a child.
(a) A person of the age of 17 years and upwards commits
indecent solicitation of a child if the person, with the intent
that the offense of aggravated criminal sexual assault,
criminal sexual assault, predatory criminal sexual assault of a
child, or aggravated criminal sexual abuse be committed,
knowingly solicits a child or one whom he or she believes to be
a child to perform an act of sexual penetration or sexual
conduct as defined in Section 11-0.1 of this Code.
(a-5) A person of the age of 17 years and upwards commits
indecent solicitation of a child if the person knowingly
discusses an act of sexual conduct or sexual penetration with a
child or with one whom he or she believes to be a child by means
of the Internet with the intent that the offense of aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or aggravated criminal sexual abuse be committed.
(a-6) It is not a defense to subsection (a-5) that the

SB2347 - 2 - LRB099 16740 SLF 41079 b
person did not solicit the child to perform sexual conduct or
sexual penetration with the person.
(b) Definitions. As used in this Section:
"Solicit" means to command, authorize, urge, incite,
request, or advise another to perform an act by any means
including, but not limited to, in person, over the phone,
in writing, by computer, or by advertisement of any kind.
"Child" means a person under 17 years of age.
"Internet" has the meaning set forth in Section 16-0.1
of this Code.
"Sexual penetration" or "sexual conduct" are defined
in Section 11-0.1 of this Code.
(c) Sentence. Indecent solicitation of a child under
subsection (a) is:
(1) a Class 1 felony when the act, if done, would be
predatory criminal sexual assault of a child or aggravated
criminal sexual assault;
(2) a Class 2 felony when the act, if done, would be
criminal sexual assault;
(3) a Class 3 felony when the act, if done, would be
aggravated criminal sexual abuse.
Indecent solicitation of a child under subsection (a-5) is
a Class 4 felony.
(d) Forfeiture of property. A person convicted under this
Section is subject to the property forfeiture provisions set
forth in Article 124B of the Code of Criminal Procedure of

SB2347 - 3 - LRB099 16740 SLF 41079 b
1963.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(720 ILCS 5/11-25)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly uses
a computer on-line service, Internet service, local bulletin
board service, or any other device capable of electronic data
storage or transmission to seduce, solicit, lure, or entice, or
attempt to seduce, solicit, lure, or entice, a child, a child's
guardian, or another person believed by the person to be a
child or a child's guardian, to commit any sex offense as
defined in Section 2 of the Sex Offender Registration Act, to
distribute photographs depicting the sex organs of the child,
or to otherwise engage in any unlawful sexual conduct with a
child or with another person believed by the person to be a
child.
(b) Sentence. Grooming is a Class 4 felony.
(c) Forfeiture of property. A 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.
(Source: P.A. 98-919, eff. 1-1-15.)
(720 ILCS 5/11-26)
Sec. 11-26. Traveling to meet a minor.

SB2347 - 4 - LRB099 16740 SLF 41079 b
(a) A person commits the offense of traveling to meet a
minor when he or she travels any distance either within this
State, to this State, or from this State by any means, attempts
to do so, or causes another to do so or attempt to do so for the
purpose of engaging in any sex offense as defined in Section 2
of the Sex Offender Registration Act, or to otherwise engage in
other unlawful sexual conduct with a child or with another
person believed by the person to be a child after using a
computer on-line service, Internet service, local bulletin
board service, or any other device capable of electronic data
storage or transmission to seduce, solicit, lure, or entice, or
to attempt to seduce, solicit, lure, or entice, a child or a
child's guardian, or another person believed by the person to
be a child or a child's guardian, for such purpose.
(b) Sentence. Traveling to meet a minor is a Class 3
felony.
(c) Forfeiture of property. A 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.
(Source: P.A. 95-901, eff. 1-1-09.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 124B-10, 124B-100, 124B-500, and
124B-505 as follows:

SB2347 - 5 - LRB099 16740 SLF 41079 b
(725 ILCS 5/124B-10)
Sec. 124B-10. Applicability; offenses. This Article
applies to forfeiture of property in connection with the
following:
(1) A violation of Section 10-9 or 10A-10 of the
Criminal Code of 1961 or the Criminal Code of 2012
(involuntary servitude; involuntary servitude of a minor;
or trafficking in persons).
(1.5) A violation of Section 11-6, 11-25, or 11-26 of
the Criminal Code of 2012 (indecent solicitation of a
child; grooming; or traveling to meet a minor).
(2) A violation of subdivision (a)(1) of Section
11-14.4 of the Criminal Code of 1961 or the Criminal Code
of 2012 (promoting juvenile prostitution) or a violation of
Section 11-17.1 of the Criminal Code of 1961 (keeping a
place of juvenile prostitution).
(3) A violation of subdivision (a)(4) of Section
11-14.4 of the Criminal Code of 1961 or the Criminal Code
of 2012 (promoting juvenile prostitution) or a violation of
Section 11-19.2 of the Criminal Code of 1961 (exploitation
of a child).
(4) A second or subsequent violation of Section 11-20
of the Criminal Code of 1961 or the Criminal Code of 2012
(obscenity).
(5) A violation of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012 (child pornography).

SB2347 - 6 - LRB099 16740 SLF 41079 b
(6) A violation of Section 11-20.1B or 11-20.3 of the
Criminal Code of 1961 (aggravated child pornography).
(6.5) A violation of Section 11-23.5 of the Criminal
Code of 2012.
(7) A violation of Section 12C-65 of the Criminal Code
of 2012 or Article 44 of the Criminal Code of 1961
(unlawful transfer of a telecommunications device to a
minor).
(8) A violation of Section 17-50 or Section 16D-5 of
the Criminal Code of 2012 or the Criminal Code of 1961
(computer fraud).
(9) A felony violation of Section 17-6.3 or Article 17B
of the Criminal Code of 2012 or the Criminal Code of 1961
(WIC fraud).
(10) A felony violation of Section 48-1 of the Criminal
Code of 2012 or Section 26-5 of the Criminal Code of 1961
(dog fighting).
(11) A violation of Article 29D of the Criminal Code of
1961 or the Criminal Code of 2012 (terrorism).
(12) A felony violation of Section 4.01 of the Humane
Care for Animals Act (animals in entertainment).
(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
6-1-15.)
(725 ILCS 5/124B-100)

SB2347 - 7 - LRB099 16740 SLF 41079 b
Sec. 124B-100. Definition; "offense". For purposes of this
Article, "offense" is defined as follows:
(1) In the case of forfeiture authorized under Section
10A-15 of the Criminal Code of 1961 or Section 10-9 of the
Criminal Code of 2012, "offense" means the offense of
involuntary servitude, involuntary servitude of a minor,
or trafficking in persons in violation of Section 10-9 or
10A-10 of those Codes.
(1.5) In the case of forfeiture authorized under
Section 11-6, Section 11-25, or Section 11-26 of the
Criminal Code of 2012, "offense" means the offense of
indecent solicitation of a child, grooming, or traveling to
meet a minor in violation of Section 11-6, Section 11-25,
or Section 11-26, of the Code.
(2) In the case of forfeiture authorized under
subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
of the Criminal Code of 1961 or the Criminal Code of 2012,
"offense" means the offense of promoting juvenile
prostitution or keeping a place of juvenile prostitution in
violation of subdivision (a)(1) of Section 11-14.4, or
Section 11-17.1, of those Codes.
(3) In the case of forfeiture authorized under
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
of the Criminal Code of 1961 or the Criminal Code of 2012,
"offense" means the offense of promoting juvenile
prostitution or exploitation of a child in violation of

SB2347 - 8 - LRB099 16740 SLF 41079 b
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
of those Codes.
(4) In the case of forfeiture authorized under Section
11-20 of the Criminal Code of 1961 or the Criminal Code of
2012, "offense" means the offense of obscenity in violation
of that Section.
(5) In the case of forfeiture authorized under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012, "offense" means the offense of child pornography
in violation of Section 11-20.1 of that Code.
(6) In the case of forfeiture authorized under Section
11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
means the offense of aggravated child pornography in
violation of Section 11-20.1B or 11-20.3 of that Code.
(7) In the case of forfeiture authorized under Section
12C-65 of the Criminal Code of 2012 or Article 44 of the
Criminal Code of 1961, "offense" means the offense of
unlawful transfer of a telecommunications device to a minor
in violation of Section 12C-65 or Article 44 of those
Codes.
(8) In the case of forfeiture authorized under Section
17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
Code of 2012, "offense" means the offense of computer fraud
in violation of Section 17-50 or 16D-5 of those Codes.
(9) In the case of forfeiture authorized under Section
17-6.3 or Article 17B of the Criminal Code of 1961 or the

SB2347 - 9 - LRB099 16740 SLF 41079 b
Criminal Code of 2012, "offense" means any felony violation
of Section 17-6.3 or Article 17B of those Codes.
(10) In the case of forfeiture authorized under Section
29D-65 of the Criminal Code of 1961 or the Criminal Code of
2012, "offense" means any offense under Article 29D of that
Code.
(11) In the case of forfeiture authorized under Section
4.01 of the Humane Care for Animals Act, Section 26-5 of
the Criminal Code of 1961, or Section 48-1 of the Criminal
Code of 2012, "offense" means any felony offense under
either of those Sections.
(12) In the case of forfeiture authorized under Section
124B-1000(b) of the Code of Criminal Procedure of 1963,
"offense" means an offense in violation of the Criminal
Code of 1961, the Criminal Code of 2012, the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, or
an offense involving a telecommunications device possessed
by a person on the real property of any elementary or
secondary school without authority of the school
principal.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/124B-500)

SB2347 - 10 - LRB099 16740 SLF 41079 b
Sec. 124B-500. Persons and property subject to forfeiture.
A person who commits child pornography, aggravated child
pornography, or non-consensual dissemination of private sexual
images under Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of
the Criminal Code of 1961 or the Criminal Code of 2012, or
indecent solicitation of a child, grooming, or traveling to
meet a minor under Section 11-6, 11-25, or 11-26 of 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 Section 11-20.1,
11-20.1B, 11-20.3, or 11-23.5 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 child
pornography, aggravated child pornography, or
non-consensual dissemination of private sexual images.
(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 Section 11-20.1, 11-20.1B, 11-20.3, or
11-23.5 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 child pornography,

SB2347 - 11 - LRB099 16740 SLF 41079 b
aggravated child pornography, or non-consensual
dissemination of private sexual images.
(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. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
98-1138, eff. 6-1-15.)
(725 ILCS 5/124B-505)
Sec. 124B-505. Distribution of property and sale proceeds.
(a) All moneys and the sale proceeds of all other property
forfeited and seized under this Part 500 shall be distributed
as follows:
(1) One-half shall be divided equally between all State
agencies and units of local government whose officers or
employees conducted the investigation that resulted in the
forfeiture.
(2) One-half shall be deposited into the Violent Crime
Victims Assistance Fund.
(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

SB2347 - 12 - LRB099 16740 SLF 41079 b
forfeited property.
(c) Before any distribution under subsection (a), a law
enforcement agency shall retain from the forfeited money,
property, or sale proceeds, any computer or monies to support
the training and equipment needs of the agency's child
exploitation unit and to further future investigations. The
computer may also be recommissioned for official use by the
agency or destroyed. The court shall not order a law
enforcement agency to fix, alter, or remove data from a seized
and forfeited computer in order to return the computer to the
defendant or his or her designee.
(Source: P.A. 96-712, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.