97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6167

 

Introduced , by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 1961. Adds the Gang Influenced and Criminal Organizations Law (GICO) as a new Article of the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in the enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. Defines "pattern of predicate activity". Provides criminal penalties and for seizure and forfeiture of property derived from the pattern of predicate activity. Amends the Code of Criminal Procedure of 1963. Authorizes the court to issue an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit predicate activity under GICO. Amends the Statewide Grand Jury Act. Permits the convening of a Statewide Grand Jury to investigate and return indictments for violations of the Gang Influenced and Criminal Organizations Law. Effective immediately.


LRB097 21216 RLC 68805 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by adding
5Article 33G as follows:
 
6    (720 ILCS 5/Art. 33G heading new)
7
ARTICLE 33G. GANG INFLUENCED AND CRIMINAL ORGANIZATIONS LAW

 
8    (720 ILCS 5/33G-1 new)
9    Sec. 33G-1. Short title. This Article may be cited as the
10Gang Influenced and Criminal Organizations Law (or "GICO").
 
11    (720 ILCS 5/33G-5 new)
12    Sec. 33G-5. Definitions. As used in this Article:
13    (a) "Another state" means any state of the United States
14(other than the State of Illinois), or the District of
15Columbia, or the Commonwealth of Puerto Rico, or any territory
16or possession of the United States, or any political
17subdivision, or any department, agency, or instrumentality
18thereof.
19    (b) "Enterprise" includes (1) any individual, sole
20proprietorship, partnership, corporation, association,
21business or charitable trust or other legal entity, and (2) any

 

 

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1union or group of individuals, sole proprietorships,
2partnerships, corporations, associations, business or
3charitable trusts or other legal entities, or any combination
4thereof, associated in fact although not itself a legal entity.
5An association in fact must be held together by a common
6purpose, apart from an individual purpose or purposes, but it
7need not be hierarchically structured or otherwise specially
8configured. As used in this Article, "enterprise" includes
9licit and illicit enterprises, as well as the State of Illinois
10and any political subdivision, or any department, agency, or
11instrumentality thereof.
12    (c) "Predicate activity" means:
13        (1) any act, attempt, endeavor, solicitation, or
14    conspiracy that is punishable by imprisonment for more than
15    one year, and constitutes a violation or violations of any
16    of the following provisions of the laws of the State of
17    Illinois (as amended or revised as of the date the activity
18    occurred or, in the instance of a continuing offense, the
19    date that charges under this Article are filed in a
20    particular matter in the State of Illinois):
21            (i) under the Criminal Code of 1961: 8-1.2
22        (solicitation of murder for hire), 9-1 (first degree
23        murder), 9-3.3 (drug-induced homicide), 9-3.4 or 9-3.1
24        (concealment of homicidal death), 10-1 (kidnapping),
25        10-2 (aggravated kidnapping), 10-3 (unlawful
26        restraint), 10-3.1 (aggravated unlawful restraint),

 

 

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1        10-4 (forcible detention), 10-5 (child abduction),
2        10-7 (aiding and abetting child abduction), 10-9
3        (trafficking in persons, involuntary servitude, and
4        related offenses), 11-1.20 or 12-13 (criminal sexual
5        assault), 11-1.30 or 12-14 (aggravated criminal sexual
6        assault), 11-1.40 or 12-14.1 (predatory criminal
7        sexual assault of a child), 11-1.60 or 12-16
8        (aggravated criminal sexual abuse), 11-6 (indecent
9        solicitation of a child), 11-6.5 (indecent
10        solicitation of an adult), 11-9.1 (sexual exploitation
11        of a child), 11-9.2 (custodial sexual misconduct),
12        11-14.3(a)(2)(A) and (a)(2)(B) (promoting
13        prostitution), 11-14.4 (promoting juvenile
14        prostitution), 11-15.1 (soliciting for a juvenile
15        prostitute), 11-16 (pandering), 11-17.1 (keeping a
16        place of juvenile prostitution), 11-18.1 (patronizing
17        a minor engaged in prostitution; patronizing a
18        juvenile prostitute), 11-19.1 (juvenile pimping and
19        aggravated juvenile pimping), 11-19.2 (exploitation of
20        a child), 12-2 (aggravated assault), 12-3.05 or 12-4
21        (aggravated battery), 12-4.1 (heinous battery), 12-4.2
22        (aggravated battery with a firearm), 12-4.2-5
23        (aggravated battery with a machine gun or
24        silencer-equipped firearm), 12-4.7 (drug-induced
25        infliction of great bodily harm), 12-6.4 (criminal
26        street gang recruitment), 12-6.5 or 12-6.1 (compelling

 

 

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1        organization membership of persons), 12-7.3
2        (stalking), 12-7.4 (aggravated stalking), 12-7.5
3        (cyber-stalking), 12-11 (home invasion), 12-11.1
4        (vehicular invasion), 18-1 (robbery), 18-2 (armed
5        robbery), 18-3 (vehicular hijacking), 18-4 (aggravated
6        vehicular hijacking), 18-5 (aggravated robbery), 19-1
7        (burglary), 19-2 (possession of burglary tools), 19-3
8        (residential burglary), 20-1 (arson), 20-1.1
9        (aggravated arson), 20-1.2 (residential arson), 20-1.3
10        (place of worship arson), 20-2 (possession of
11        explosives), 24-1.2 (aggravated discharge of a
12        firearm), 24-1.2-5 (aggravated discharge of a machine
13        gun or silencer equipped firearm), 24-1.6 (aggravated
14        unlawful use of a weapon), 24-1.8 (unlawful possession
15        of a firearm by a street gang member), 24-2.2 (unlawful
16        ammunition), 24-3 (unlawful sale of firearms), 24-3.2
17        (unlawful discharge of firearm projectiles), 24-3.9 or
18        16-16.1 (aggravated possession of a stolen firearm),
19        24-3A (gunrunning), 24-5 (defacing a firearm), 26-5
20        (dog-fighting), 29D-14.9 or 29D-30 (terrorism), 29D-15
21        (soliciting support for terrorism), 29D-15.1 or 20.5-5
22        (causing a catastrophe), 29D-15.2 or 20.5-6
23        (possession of a deadly substance), 29D-20 (making a
24        terrorist threat), 29D-25 (falsely making a terrorist
25        threat), 29D-29.9 (material support for terrorism),
26        29D-35 (hindering prosecution of terrorism), 31A-1.2

 

 

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1        (unauthorized contraband in a penal institution), or
2        33A-3 (armed violence);
3            (ii) under the Cannabis Control Act: Sections 5
4        (manufacture or delivery of cannabis), 5.1 (cannabis
5        trafficking), or 8 (production or possession of
6        cannabis plants);
7            (iii) under the Illinois Controlled Substances
8        Act: Sections 401 (manufacture or delivery of a
9        controlled substance), 401.1 (controlled substance
10        trafficking), 405 (calculated criminal drug
11        conspiracy), 405.1 (criminal drug conspiracy), 405.2
12        (street gang criminal drug conspiracy), or 406.1
13        (unlawful use of buildings to produce controlled
14        substances);
15            (iv) under the Methamphetamine Control and
16        Community Protection Act: Sections 15 (methamphetamine
17        manufacturing), or 55 (methamphetamine delivery); or
18        (2) any act, attempt, endeavor, solicitation, or
19    conspiracy involving predicate activity.
20    (d) "Pattern of predicate activity" means: (1) at least 2
21occurrences of predicate activity related to the affairs of an
22enterprise in the form of an act, attempt, endeavor,
23solicitation, or conspiracy, or any combination thereof; and
24(2) at least one of which falls after the effective date of
25this Article, and the last of which falls within 10 years
26(excluding any period of imprisonment) after the prior

 

 

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1occurrence of predicate activity.
2    (e) "Unlawful debt" means a debt (1) incurred or contracted
3in the business of gambling activity that was in violation of
4the law of the United States, or the State of Illinois or
5another state, or any political subdivision thereof, and that
6is unenforceable under Federal law, or the laws of the State of
7Illinois or another state, in whole or in part as to principal
8or interest, or (2) that was incurred in connection with the
9business of lending money or other things of value in violation
10of the laws of the United States, or the laws of the State of
11Illinois or another state, or a political subdivision thereof,
12at a rate usurious under Federal law, or the laws of the State
13of Illinois or another state, where the usurious rate is at
14least twice the enforceable rate.
15    (f) "Unlawful death" includes the following offenses under
16the Criminal Code of 1961: Section 9-1 (first degree murder),
179-2 (second degree murder), 9-3 (voluntary manslaughter and
18reckless homicide), or 9-3.2 (involuntary manslaughter).
19    (g) "GICO prosecutor" means any State's Attorney, or any of
20his or her representatives so designated by the State's
21Attorney, under the laws or regulations of the State or any
22political subdivision thereof, who is charged with the duty of
23enforcing or carrying into effect this Article. "Prosecutor"
24also includes the Attorney General upon the granting of an
25application under the Statewide Grand Jury Act.
 

 

 

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1    (720 ILCS 5/33G-10 new)
2    Sec. 33G-10. Prohibited activities. Under this Article:
3    (a) It is unlawful for any person: (1) who is employed by
4or associated with any enterprise, knowingly to conduct or
5participate, directly or indirectly, in the enterprise's
6affairs through either a pattern of predicate activity or the
7collection of unlawful debt; or (2) knowingly to acquire or
8maintain, directly or indirectly, through either a pattern of
9predicate activity or the collection of unlawful debt, any
10interest in, or control of, to any degree, of any enterprise,
11real property, or personal property of any character, including
12money.
13    (b) It is unlawful for any person knowingly to attempt to
14violate, or knowingly conspire to violate, this Article.
15Notwithstanding any other provision of law, in any prosecution
16for a conspiracy to violate this Article, no person may be
17convicted of the conspiracy unless an overt act in furtherance
18of the agreement is alleged and proved to have been committed
19by him or by a coconspirator. The commission of the overt act
20need not itself constitute predicate activity underlying the
21specific violation of this Article.
22    (c) The application of a remedy under this Article shall
23not preclude the application of other criminal, civil or
24administrative remedies under this Article or any other
25provision of law. Any person prosecuted under this Article may
26be convicted and sentenced either: (1) for the offense of

 

 

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1attempting or conspiring to violate this Article, and for any
2other particular offense or offenses that may constitute an
3object of the attempt or conspiracy to violate this Article; or
4(2) for the substantive offense of violating this Article, and
5for any other particular offense or offenses that may
6constitute predicate activity underlying a violation of this
7Article.
8    (d) It is not a defense to any violation of this Article
9that a defendant has been formerly prosecuted for an offense
10based upon the same facts, within the meaning of Section 3-4 of
11this Code, that thereafter serves as any portion of the
12underlying predicate activity in a subsequent prosecution for
13any violation of this Article, unless the former prosecution
14was terminated by a final order or judgment, even if entered
15before trial, which required a determination inconsistent with
16any fact necessary to a conviction in the subsequent
17prosecution under this Article.
 
18    (720 ILCS 5/33G-15 new)
19    Sec. 33G-15. Penalties. Under this Article,
20notwithstanding any other provision of law:
21    (a) Any violation of this Article shall be sentenced as a
22Class X felony with a term of imprisonment of not less than 6
23years and not more than 30 years, and the sentence imposed
24shall also include restitution or a criminal fine, or both,
25jointly and severally, up to $250,000 or twice the gross amount

 

 

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1of any intended loss of the violation, if any, whichever is
2higher.
3    (b) Wherever the unlawful death of any person or persons
4results as a necessary or natural consequence of any violation
5of this Article, the sentence imposed on the defendant shall
6include an enhanced term of imprisonment of at least 25 years
7up to natural life, in addition to any other penalty imposed by
8the court, provided: (1) the death or deaths were reasonably
9foreseeable to the defendant to be sentenced; and (2) the death
10or deaths occurred when the defendant was otherwise engaged in
11the violation of this Article as a whole.
12    (c) A sentence of probation, periodic imprisonment,
13conditional discharge, impact incarceration or county impact
14incarceration, court supervision, withheld adjudication, or
15any pretrial diversionary sentence or suspended sentence, is
16not authorized for a violation of this Article.
 
17    (720 ILCS 5/33G-20 new)
18    Sec. 33G-20. Remedial proceedings, procedures, and
19forfeiture. Under this Article:
20    (a) The courts shall have jurisdiction to prevent and
21restrain violations of this Article by issuing appropriate
22orders, including: (1) ordering any person to disgorge illicit
23proceeds obtained by a violation of this Article or divest
24himself or herself of any interest, direct or indirect, in any
25enterprise or real or personal property of any character,

 

 

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1including money, obtained, directly or indirectly, by a
2violation of this Article; (2) imposing reasonable
3restrictions on the future activities or investments of any
4person or enterprise, including prohibiting any person or
5enterprise from engaging in the same type of endeavor as the
6person or enterprise engaged in, that violated this Article; or
7(3) ordering dissolution or reorganization of any enterprise,
8making due provision for the rights of innocent persons.
9    (b) The United States, another state, or the State of
10Illinois, or any political subdivision, or any department,
11agency, or instrumentality thereof, or any person (subject to a
12substantially equal involvement defense) or the person's
13estate, injured in his or her person, business, or property by
14reason of a violation, directly or indirectly, of this Article,
15may sue in any appropriate court and shall recover threefold
16any damages sustained and the costs of the suit, including a
17reasonable attorney's fee at the trial and appellate level, and
18any equitable remedy justice requires, including injunctions,
19declaratory judgments, divestiture, accounting or
20disgorgement. Pending final determination thereof, the court
21may at any time enter the restraining orders or prohibitions,
22or take other actions, including the acceptance of satisfactory
23performance bonds, as it shall deem proper. Satisfactory
24performance bonds shall not be required of the United States,
25another state, or the State of Illinois, or any political
26subdivision, or any department, agency, or instrumentality

 

 

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1thereof. The existence of a criminal conviction or
2investigation for the alleged violation of this Article is not
3a prerequisite to any proceeding hereunder, but a final
4judgment entered in favor of the People of the State of
5Illinois in any criminal proceeding brought under this Article
6shall estop the defendant in the criminal case from denying the
7material allegations of the criminal violation in any
8subsequent civil or administrative proceeding brought under
9this Article.
10    (c) Notwithstanding any other provision of law, the court
11shall, for any violation of this Article, order criminal or
12civil forfeiture, in personam or in rem, jointly and severally,
13of any interest or property the person has acquired or
14maintained in violation of this Article, or any interest in,
15security of, or claim against, or property or contractual right
16of any kind affording a source of influence of any degree over,
17any enterprise that the person has established, operated,
18controlled, conducted, or participated in, in violation of this
19Article, as well as any property constituting, or derived from,
20any proceeds, including money, that the person obtained,
21directly or indirectly, from predicate activity or unlawful
22debt collection in violation of this Article. Any court, in
23imposing sentence on the person, shall order, in addition to
24any other sentence imposed under this Article, that the person
25forfeit to the State of Illinois all property described in this
26Article. The property and interests subject to criminal or

 

 

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1civil forfeiture under this Article include any real property,
2including things growing on, affixed to, and found in land, and
3any tangible and intangible personal property, including
4rights, privileges, interests, claims, and securities. All
5right, title, and interest in property described in this
6Article vests in the State of Illinois upon the inception of
7the illicit agreement or commission of any act otherwise giving
8rise to forfeiture under this Article. The court shall further
9order the criminal or civil forfeiture of any other property of
10the defendant up to the value of the property described in this
11Article if, as a result of any act or omission of the
12defendant, the property subject to forfeiture: (1) cannot be
13located upon the exercise of due diligence; (2) has been
14transferred or sold to, or deposited with, a third party; (3)
15has been placed beyond the jurisdiction of the court; (4) has
16been substantially diminished in value; or (5) has been
17commingled with other property that cannot be divided without
18difficulty.
19    (d) Any property subject to criminal or civil forfeiture
20under this Article that is subsequently transferred to a person
21other than a defendant may be the subject of a special verdict
22of forfeiture and thereafter shall be ordered forfeited to the
23State of Illinois, unless the transferee petitions the court
24and establishes in a hearing before the court, without a jury,
25that he or she is a bona fide purchaser for value of the
26property who at the time of purchase was reasonably without

 

 

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1cause to believe that the property was subject to forfeiture
2under this Article. The petition shall be signed by the
3petitioner under penalty of perjury and shall set forth the
4nature and extent of the petitioner's right, title, or interest
5in the property, the time and circumstances of the petitioner's
6acquisition of the right, title, or interest in the property,
7any additional facts supporting the petitioner's claim, and the
8relief sought. The hearing on the petition shall, to the extent
9practicable and consistent with the interests of justice, be
10held as soon as possible after completion of the criminal
11proceedings, if any, under this Article. The court may
12consolidate the hearing on the petition with a hearing on any
13other petition filed by a person other than the defendant under
14this Article. Following the court's disposition of all
15petitions filed under this Article, or if no petitions are
16filed then within 90 days of the completion of criminal or
17civil proceedings under this Article, the State of Illinois
18shall have clear title to property that is the subject of the
19order of forfeiture and may warrant good title to any
20subsequent purchaser or transferee. In addition to testimony
21and evidence presented at the hearing, the court shall consider
22the relevant portions of the record of any criminal case that
23resulted in, or relates to, the order of forfeiture. After the
24hearing, the court shall amend the order of forfeiture if the
25court determines that the petitioner has established by a
26preponderance of the evidence that:

 

 

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1        (1) the petitioner has a legal right, title, or
2    interest in the property, and the right, title, or interest
3    renders the order of forfeiture invalid in whole or in part
4    because the right, title, or interest was vested in the
5    petitioner rather than the defendant or was superior to any
6    right, title, or interest of the defendant at the time of
7    the commission of the acts that gave rise to the forfeiture
8    of the property under this Article; or
9        (2) the petitioner is a bona fide purchaser for value
10    of the right, title, or interest in the property and was at
11    the time of purchase reasonably without cause to believe
12    that the property was subject to forfeiture under this
13    Article.
14    (e) Upon application of a GICO prosecutor, the court may
15enter a restraining order or injunction, require the execution
16of a satisfactory performance bond, or take any other action to
17preserve the availability of property described in this Article
18for forfeiture under this Article:
19        (1) upon the filing of an indictment or information
20    charging a violation of this Article and alleging that the
21    property with respect to which the order is sought would,
22    in the event of conviction, be subject to forfeiture under
23    this Article; or
24        (2) prior to the filing of an indictment or
25    information, if, after notice to persons appearing to have
26    an interest in the property and opportunity for a hearing,

 

 

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1    the court determines that: (A) there is a substantial
2    probability that the prosecutor will prevail on the issue
3    of forfeiture and that failure to enter the order will
4    result in the property being destroyed, removed from the
5    jurisdiction of the court, or otherwise made unavailable
6    for forfeiture; and (B) the need to preserve the
7    availability of the property through the entry of the
8    requested order outweighs the hardship on any party against
9    whom the order is to be entered; provided that any order
10    entered be effective for not more than 90 days, unless
11    extended by the court for good cause shown or unless an
12    indictment or information described in this Article has
13    been filed.
14    A temporary restraining order under this Article may be
15entered upon application of a prosecutor without notice or
16opportunity for a hearing when an information or indictment has
17not yet been filed with respect to the property, if the
18prosecutor demonstrates that there is probable cause to believe
19that the property with respect to which the order is sought
20would, in the event of conviction, be subject to forfeiture
21under this Article and that provision of notice will jeopardize
22the integrity of an investigation, the safety of any persons,
23or the availability of the property for forfeiture. A temporary
24order shall expire not more than 10 days after the date on
25which it is entered, unless extended for good cause shown or
26unless the party against whom it is entered consents to an

 

 

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1extension for a longer period. A hearing requested concerning
2an order entered under this Article shall be held at the
3earliest possible time, and prior to the expiration of the
4temporary order. The court may receive and consider, at a
5hearing held under this Article, evidence and information that
6would be otherwise inadmissible under the rules of evidence,
7and the evidence shall be heard by the court without a jury.
8    (f) Upon conviction of a person under this Article or upon
9the completion of appropriate civil proceedings under this
10Article, the court shall enter a judgment of forfeiture of the
11property to the State of Illinois and shall authorize the
12prosecutor or his or her agent to seize all property ordered
13forfeited upon the terms and conditions as the court shall deem
14proper. Following the entry of an order declaring the property
15forfeited, the court may, upon application of a prosecutor or
16investigator, enter the appropriate restraining orders or
17injunctions, require the execution of satisfactory performance
18bonds, appoint receivers, conservators, appraisers,
19accountants, or trustees, or take any other action to protect
20the interest of the State of Illinois in the property ordered
21forfeited. Any income accruing to, or derived from, an
22enterprise or an interest in an enterprise that has been
23ordered forfeited under this Article may be used to offset
24ordinary and necessary expenses to the enterprise which are
25required by law, or which are necessary to protect the
26interests of the State of Illinois or third parties.

 

 

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1    (g) Following the seizure of property ordered forfeited
2under this Article, the prosecutor or his or her agent shall
3direct the disposition of the property by sale or any other
4commercially feasible means, making due provision for the
5rights of any innocent persons. Any property right or interest
6not exercisable by, or transferable for value to, the State of
7Illinois shall expire and shall not revert to the defendant,
8nor shall the defendant or any person acting in concert with or
9on behalf of the defendant be eligible to purchase forfeited
10property at any sale held by the prosecutor or his or her
11agent. Upon application of a person, other than the defendant
12or a person acting in concert with or on behalf of the
13defendant, the court may restrain or stay the sale or
14disposition of the property pending the conclusion of any
15appeal of the criminal case giving rise to the forfeiture, if
16the applicant demonstrates that proceeding with the sale or
17disposition of the property will result in irreparable injury,
18harm or loss to him or her. At the direction of the court, the
19proceeds of any sale or other disposition of property forfeited
20under this Article and any moneys forfeited shall be used to
21pay all proper expenses consisting of the costs of the
22investigation, the prosecution thereof, and any related
23remedial proceedings under this Article, as well as the
24forfeiture and sale, including any expenses of seizure,
25maintenance or custody of the property pending its disposition,
26advertising and court costs. The prosecutor shall deposit in

 

 

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1the treasury of the State of Illinois 75% of any amounts of the
2proceeds or moneys remaining after the payment of the proper
3expenses, which money or proceeds shall thereafter be disposed
4of as prescribed by law, and the prosecutor shall retain
5directly the final 25% of the proceeds or moneys for the
6general purposes of fulfilling the duties of his or her office,
7or for equitable sharing, as directed by the prosecutor, among
8those investigators participating in the investigation, the
9prosecution thereof, and or any related remedial proceedings
10under this Article.
11    (h) With respect to property ordered forfeited under this
12Article, the court is authorized to: (1) grant petitions for
13mitigation or remission of forfeiture, restore forfeited
14property to victims of a violation of this Article, or take any
15other action to protect the rights of innocent persons that is
16in the interest of justice and that is not inconsistent with
17the provisions of this Article; (2) compromise claims arising
18under this Article; (3) award compensation to persons providing
19information resulting in a forfeiture under this Article; (4)
20direct the disposition by public sale by the prosecutor or his
21or her agent of all property ordered forfeited under this
22Article or direct any other commercially feasible means, making
23due provision for the rights of innocent persons; and (5) take
24appropriate measures necessary to safeguard and maintain
25property ordered forfeited under this Article pending its
26disposition.

 

 

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1    (i) Except as provided in this Article, no party claiming
2an interest in property subject to forfeiture under this
3Article may: (1) intervene in any trial or appeal of a criminal
4case involving the forfeiture of the property under this
5Article; or (2) commence an action at law or equity against the
6State of Illinois, or against any prosecutor or investigator,
7concerning the actions taken under this Article or concerning
8the validity of an alleged interest in the property subsequent
9to the filing of an indictment or information alleging that the
10property is subject to forfeiture under this Article.
11    (j) In order to facilitate the identification or location
12of property declared forfeited and to facilitate the
13disposition of petitions for remission or mitigation of
14forfeiture, after the entry of an order declaring property
15forfeited to the State of Illinois, the court may, upon
16application of the prosecutor, order that the testimony of any
17witness relating to the property forfeited be taken by
18deposition and that any designated book, paper, document,
19record, recording, or other material not privileged be produced
20at the same time and place, in the same manner as provided for
21the taking of depositions in civil proceedings under the laws
22of the State of Illinois.
 
23    (720 ILCS 5/33G-25 new)
24    Sec. 33G-25. Severability. If any clause, sentence,
25Section, or provision, or part of this Article or the

 

 

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1application thereof to any person or circumstance shall be
2adjudged to be unconstitutional, the remainder of this Article
3or its application to any person or circumstances other than
4those to which it is held invalid shall not be affected
5thereby.
 
6    (720 ILCS 5/33G-30 new)
7    Sec. 33G-30. Construction. In interpreting the provisions
8of this Article, the court, because of their remedial purposes,
9shall construe them liberally. Nothing in this Article shall
10preclude the imposition of additional criminal penalties under
11any provision of Federal law, or the laws of the State of
12Illinois or another state, or any other law, or the affording
13of any civil or administrative remedies in addition to those
14provided for in this Article. In addition, the court shall
15construe this Article in light of the provisions contained in
16Title IX of Public Law 91-452, 84 Stat. 922 (as amended in
17Title 18, United States Code, Section 1961-1968), wherever
18substantially similar language is used in the Title and this
19Article, but where the language indicates an intent to depart
20from the Title, the court shall interpret the language as
21provided in this Article.
 
22    (720 ILCS 5/33G-35 new)
23    Sec. 33G-35. Limitations. Under this Article,
24notwithstanding any other provision of law, but otherwise

 

 

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1subject to the periods of exclusion from limitation as provided
2in Section 3-7 of this Code, the following limitations apply:
3    (a) Any action, proceeding, or prosecution brought by a
4prosecutor under this Article must commence within 5 years of
5one of the following dates, whichever is latest: (1) the date
6of the commission of the last occurrence of predicate activity
7in a pattern of the activity, in the form of an act, attempt,
8endeavor, or solicitation, underlying the alleged violation of
9this Article; or (2) in the case of an action, proceeding, or
10prosecution, based upon a conspiracy to violate this Article,
11the date that the last objective of the alleged conspiracy was
12accomplished, defeated or abandoned (whichever is later); or
13(3) the date any minor victim of the violation attains the age
14of 18 years or the date any victim of the violation subject to
15a legal disability thereafter gains legal capacity; or (4) the
16date that any alleged violation of this Article, including
17injury, cause, pattern, or identity of the violator or
18violators, was otherwise discovered in the exercise of good
19faith;
20    (b) Any action, proceeding, or prosecution brought by a
21prosecutor under this Article may be commenced at any time
22against all defendants if the conduct of any defendant, or any
23part of the overall violation, resulted in the unlawful death
24of any person or persons;
25    (c) Any action or proceeding brought by a private party
26under subsection (b) of Section 33G-20 of this Article must

 

 

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1commence within 3 years of one of the following dates,
2whichever is latest: (1) the date of the commission of the last
3occurrence of predicate activity in a pattern of the activity,
4in the form of an act, attempt, endeavor, or solicitation,
5underlying the alleged violation of this Article; or (2) in the
6case of an action, proceeding, or prosecution, based upon a
7conspiracy to violate this Article, the date that the last
8objective of the alleged conspiracy was accomplished, defeated
9or abandoned (whichever is later); or (3) the date that any
10alleged violation of this Article, including injury, cause,
11pattern, or identity of the violator or violators, was
12otherwise discovered in the exercise of good faith.
 
13    Section 10. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 108A-5 and 108B-3 as follows:
 
15    (725 ILCS 5/108A-5)  (from Ch. 38, par. 108A-5)
16    Sec. 108A-5. Orders Authorizing Use of an Eavesdropping
17Device.
18    (a) Each order authorizing or approving the use of an
19eavesdropping device shall specify:
20        (1) the identity of the person who has consented to the
21    use of the device to monitor any of his conversations and a
22    requirement that any conversation overheard or received
23    must include this person;
24        (2) the identity of the other person or persons, if

 

 

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1    known, who will participate in the conversation;
2        (3) the period of time in which the use of the device
3    is authorized, including a statement as to whether or not
4    the use shall automatically terminate when the described
5    conversations have been first obtained.
6    (b) No order entered under this section may authorize or
7approve the use of any eavesdropping device for any period
8longer than 30 days. An initial or a subsequent extension, in
9no case for more than 30 days each, of an order may be granted
10but only upon application made in accordance with Section
11108A-3 and where the court makes the findings required in
12Section 108A-4.
13(Source: P.A. 92-413, eff. 8-17-01.)
 
14    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
15    Sec. 108B-3. Authorization for the interception of private
16communication.
17    (a) The State's Attorney, or a person designated in writing
18or by law to act for him and to perform his duties during his
19absence or disability, may authorize, in writing, an ex parte
20application to the chief judge of a court of competent
21jurisdiction for an order authorizing the interception of a
22private communication when no party has consented to the
23interception and (i) the interception may provide evidence of,
24or may assist in the apprehension of a person who has
25committed, is committing or is about to commit, a violation of

 

 

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1Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
2of murder for hire), 9-1 (first degree murder), 10-9
3(involuntary servitude, involuntary sexual servitude of a
4minor, or trafficking in persons for forced labor or services),
511-15.1 (soliciting for a minor engaged in prostitution), 11-16
6(pandering), 11-17.1 (keeping a place of juvenile
7prostitution), 11-18.1 (patronizing a minor engaged in
8prostitution), 11-19.1 (juvenile pimping and aggravated
9juvenile pimping), or 29B-1 (money laundering) of the Criminal
10Code of 1961, Section 401, 401.1 (controlled substance
11trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
12the Illinois Controlled Substances Act or any Section of the
13Methamphetamine Control and Community Protection Act, a
14violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
1524-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
1624-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
17Criminal Code of 1961, or an offense listed as predicate
18activity under subsection (c) of Section 33G-5, or conspiracy
19to commit money laundering or conspiracy to commit first degree
20murder; (ii) in response to a clear and present danger of
21imminent death or great bodily harm to persons resulting from:
22(1) a kidnapping or the holding of a hostage by force or the
23threat of the imminent use of force; or (2) the occupation by
24force or the threat of the imminent use of force of any
25premises, place, vehicle, vessel or aircraft; (iii) to aid an
26investigation or prosecution of a civil action brought under

 

 

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1the Illinois Streetgang Terrorism Omnibus Prevention Act when
2there is probable cause to believe the interception of the
3private communication will provide evidence that a streetgang
4is committing, has committed, or will commit a second or
5subsequent gang-related offense or that the interception of the
6private communication will aid in the collection of a judgment
7entered under that Act; or (iv) upon information and belief
8that a streetgang has committed, is committing, or is about to
9commit a felony.
10    (b) The State's Attorney or a person designated in writing
11or by law to act for the State's Attorney and to perform his or
12her duties during his or her absence or disability, may
13authorize, in writing, an ex parte application to the chief
14judge of a circuit court for an order authorizing the
15interception of a private communication when no party has
16consented to the interception and the interception may provide
17evidence of, or may assist in the apprehension of a person who
18has committed, is committing or is about to commit, a violation
19of an offense under Article 29D of the Criminal Code of 1961.
20    (b-1) Subsection (b) is inoperative on and after January 1,
212005.
22    (b-2) No conversations recorded or monitored pursuant to
23subsection (b) shall be made inadmissible in a court of law by
24virtue of subsection (b-1).
25    (c) As used in this Section, "streetgang" and
26"gang-related" have the meanings ascribed to them in Section 10

 

 

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1of the Illinois Streetgang Terrorism Omnibus Prevention Act.
2(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
396-1464, eff. 8-20-10.)
 
4    Section 15. The Statewide Grand Jury Act is amended by
5changing Section 3 as follows:
 
6    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
7    Sec. 3. Written application for the appointment of a
8Circuit Judge to convene and preside over a Statewide Grand
9Jury, with jurisdiction extending throughout the State, shall
10be made to the Chief Justice of the Supreme Court. Upon such
11written application, the Chief Justice of the Supreme Court
12shall appoint a Circuit Judge from the circuit where the
13Statewide Grand Jury is being sought to be convened, who shall
14make a determination that the convening of a Statewide Grand
15Jury is necessary.
16    In such application the Attorney General shall state that
17the convening of a Statewide Grand Jury is necessary because of
18an alleged offense or offenses set forth in this Section
19involving more than one county of the State and identifying any
20such offense alleged; and
21        (a) that he or she believes that the grand jury
22    function for the investigation and indictment of the
23    offense or offenses cannot effectively be performed by a
24    county grand jury together with the reasons for such

 

 

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1    belief, and
2          (b)(1) that each State's Attorney with jurisdiction
3        over an offense or offenses to be investigated has
4        consented to the impaneling of the Statewide Grand
5        Jury, or
6            (2) if one or more of the State's Attorneys having
7        jurisdiction over an offense or offenses to be
8        investigated fails to consent to the impaneling of the
9        Statewide Grand Jury, the Attorney General shall set
10        forth good cause for impaneling the Statewide Grand
11        Jury.
12    If the Circuit Judge determines that the convening of a
13Statewide Grand Jury is necessary, he or she shall convene and
14impanel the Statewide Grand Jury with jurisdiction extending
15throughout the State to investigate and return indictments:
16        (a) For violations of any of the following or for any
17    other criminal offense committed in the course of violating
18    any of the following: Article 29D of the Criminal Code of
19    1961, the Illinois Controlled Substances Act, the Cannabis
20    Control Act, the Methamphetamine Control and Community
21    Protection Act, the Narcotics Profit Forfeiture Act, or the
22    Cannabis and Controlled Substances Tax Act; a streetgang
23    related felony offense; Section 24-2.1, 24-2.2, 24-3,
24    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
25    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
26    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a

 

 

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1    money laundering offense; or any violation of the Gang
2    Influenced and Criminal Organizations Law; provided that
3    the violation or offense involves acts occurring in more
4    than one county of this State; and
5        (a-5) For violations facilitated by the use of a
6    computer, including the use of the Internet, the World Wide
7    Web, electronic mail, message board, newsgroup, or any
8    other commercial or noncommercial on-line service, of any
9    of the following offenses: indecent solicitation of a
10    child, sexual exploitation of a child, soliciting for a
11    juvenile prostitute, keeping a place of juvenile
12    prostitution, juvenile pimping, child pornography,
13    aggravated child pornography, or promoting juvenile
14    prostitution except as described in subdivision (a)(4) of
15    Section 11-14.4 of the Criminal Code of 1961; and
16        (b) For the offenses of perjury, subornation of
17    perjury, communicating with jurors and witnesses, and
18    harassment of jurors and witnesses, as they relate to
19    matters before the Statewide Grand Jury.
20    "Streetgang related" has the meaning ascribed to it in
21Section 10 of the Illinois Streetgang Terrorism Omnibus
22Prevention Act.
23    Upon written application by the Attorney General for the
24convening of an additional Statewide Grand Jury, the Chief
25Justice of the Supreme Court shall appoint a Circuit Judge from
26the circuit for which the additional Statewide Grand Jury is

 

 

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1sought. The Circuit Judge shall determine the necessity for an
2additional Statewide Grand Jury in accordance with the
3provisions of this Section. No more than 2 Statewide Grand
4Juries may be empaneled at any time.
5(Source: P.A. 96-1551, eff. 7-1-11.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/Art. 33G
4    heading new
5    720 ILCS 5/33G-1 new
6    720 ILCS 5/33G-5 new
7    720 ILCS 5/33G-10 new
8    720 ILCS 5/33G-15 new
9    720 ILCS 5/33G-20 new
10    720 ILCS 5/33G-25 new
11    720 ILCS 5/33G-30 new
12    720 ILCS 5/33G-35 new
13    725 ILCS 5/108A-5from Ch. 38, par. 108A-5
14    725 ILCS 5/108B-3from Ch. 38, par. 108B-3
15    725 ILCS 215/3from Ch. 38, par. 1703