Illinois General Assembly - Full Text of Public Act 094-0068
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Public Act 094-0068


 

Public Act 0068 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0068
 
HB0053 Enrolled LRB094 04236 RLC 35024 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 1961 is amended by changing
Section 29D-10 as follows:
 
    (720 ILCS 5/29D-10)
    Sec. 29D-10. Definitions. As used in this Article, where
not otherwise distinctly expressed or manifestly incompatible
with the intent of this Article:
    (a) "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data
among them through communication facilities.
    (b) "Computer" means a device that accepts, processes,
stores, retrieves, or outputs data, and includes, but is not
limited to, auxiliary storage and telecommunications devices.
    (c) "Computer program" means a series of coded instruction
or statements in a form acceptable to a computer which causes
the computer to process data and supply the results of data
processing.
    (d) "Data" means representations of information,
knowledge, facts, concepts or instructions, including program
documentation, that are prepared in a formalized manner and are
stored or processed in or transmitted by a computer. Data may
be in any form, including but not limited to magnetic or
optical storage media, punch cards, or data stored internally
in the memory of a computer.
    (e) "Biological products used in or in connection with
agricultural production" includes, but is not limited to,
seeds, plants, and DNA of plants or animals altered for use in
crop or livestock breeding or production or which are sold,
intended, designed, or produced for use in crop production or
livestock breeding or production.
    (f) "Agricultural products" means crops and livestock.
    (g) "Agricultural production" means the breeding and
growing of livestock and crops.
    (g-5) "Animal feed" means an article that is intended for
use for food for animals other than humans and that is intended
for use as a substantial source of nutrients in the diet of the
animal, and is not limited to a mixture intended to be the sole
ration of the animal.
    (g-10) "Contagious or infectious disease" means a specific
disease designated by the Illinois Department of Agriculture as
contagious or infectious under rules pertaining to the Illinois
Diseased Animals Act.
    (g-15) "Processed food" means any food other than a raw
agricultural commodity and includes any raw agricultural
commodity that has been subject to processing, such as canning,
cooking, freezing, dehydration, or milling.
    (g-20) "Raw agricultural commodity" means any food in its
raw or natural state, including all fruits that are washed,
colored, or otherwise treated in their unpeeled natural form
prior to marketing.
    (g-25) "Endangering the food supply" means to knowingly:
        (1) bring into this State any domestic animal that is
    affected with any contagious or infectious disease or any
    animal that has been exposed to any contagious or
    infectious disease;
        (2) expose any animal in this State to any contagious
    or infectious disease;
        (3) deliver any poultry that is infected with any
    contagious or infectious disease to any poultry producer
    pursuant to a production contract;
        (4) except as permitted under the Insect Pest and Plant
    Disease Act, bring or release into this State any insect
    pest or expose any plant to an insect pest; or
        (5) expose any raw agricultural commodity, animal
    feed, or processed food to any contaminant or contagious or
    infectious disease.
    "Endangering the food supply" does not include bona fide
experiments and actions related to those experiments carried on
by commonly recognized research facilities or actions by
agricultural producers and animal health professionals who may
inadvertently contribute to the spread of detrimental
biological agents while employing generally acceptable
management practices.
    (g-30) "Endangering the water supply" means to knowingly
contaminate a public or private water well or water reservoir
or any water supply of a public utility or tamper with the
production of bottled or packaged water or tamper with bottled
or packaged water at a retail or wholesale mercantile
establishment. "Endangering the water supply" does not include
contamination of a public or private well or water reservoir or
any water supply of a public utility that may occur
inadvertently as part of the operation of a public utility or
electrical generating station.
    (h) "Livestock" means animals bred or raised for human
consumption.
    (i) "Crops" means plants raised for: (1) human consumption,
(2) fruits that are intended for human consumption, (3)
consumption by livestock, and (4) fruits that are intended for
consumption by livestock.
    (j) "Communications systems" means any works, property, or
material of any radio, telegraph, telephone, microwave, or
cable line, station, or system.
    (k) "Substantial damage" means monetary damage greater
than $100,000.
    (l) "Terrorist act" or "act of terrorism" means: (1) any
act that is intended to cause or create a risk and does cause
or create a risk of death or great bodily harm to one or more
persons; (2) any act that disables or destroys the usefulness
or operation of any communications system; (3) any act or any
series of 2 or more acts committed in furtherance of a single
intention, scheme, or design that disables or destroys the
usefulness or operation of a computer network, computers,
computer programs, or data used by any industry, by any class
of business, or by 5 or more businesses or by the federal
government, State government, any unit of local government, a
public utility, a manufacturer of pharmaceuticals, a national
defense contractor, or a manufacturer of chemical or biological
products used in or in connection with agricultural production;
(4) any act that disables or causes substantial damage to or
destruction of any structure or facility used in or used in
connection with ground, air, or water transportation; the
production or distribution of electricity, gas, oil, or other
fuel (except for acts that occur inadvertently and as the
result of operation of the facility that produces or
distributes electricity, gas, oil, or other fuel); the
treatment of sewage or the treatment or distribution of water;
or controlling the flow of any body of water; (5) any act that
causes substantial damage to or destruction of livestock or to
crops or a series of 2 or more acts committed in furtherance of
a single intention, scheme, or design which, in the aggregate,
causes substantial damage to or destruction of livestock or
crops; (6) any act that causes substantial damage to or
destruction of any hospital or any building or facility used by
the federal government, State government, any unit of local
government or by a national defense contractor or by a public
utility, a manufacturer of pharmaceuticals, a manufacturer of
chemical or biological products used in or in connection with
agricultural production or the storage or processing of
agricultural products or the preparation of agricultural
products for food or food products intended for resale or for
feed for livestock; or (7) any act that causes substantial
damage to any building containing 5 or more businesses of any
type or to any building in which 10 or more people reside; (8)
endangering the food supply; or (9) endangering the water
supply.
    (m) "Terrorist" and "terrorist organization" means any
person who engages or is about to engage in a terrorist act
with the intent to intimidate or coerce a significant portion
of a civilian population.
    (n) "Material support or resources" means currency or other
financial securities, financial services, lodging, training,
safe houses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, any other
kind of physical assets or intangible property, and expert
services or expert assistance.
    (o) "Person" has the meaning given in Section 2-15 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 any officer, director, partner, member, or agent
of any person.
    (p) "Render criminal assistance" means to do any of the
following with the intent to prevent, hinder, or delay the
discovery or apprehension of, or the lodging of a criminal
charge against, a person who he or she knows or believes has
committed an offense under this Article or is being sought by
law enforcement officials for the commission of an offense
under this Article, or with the intent to assist a person in
profiting or benefiting from the commission of an offense under
this Article:
        (1) harbor or conceal the person;
        (2) warn the person of impending discovery or
    apprehension;
        (3) provide the person with money, transportation, a
    weapon, a disguise, false identification documents, or any
    other means of avoiding discovery or apprehension;
        (4) prevent or obstruct, by means of force,
    intimidation, or deception, anyone from performing an act
    that might aid in the discovery or apprehension of the
    person or in the lodging of a criminal charge against the
    person;
        (5) suppress, by any act of concealment, alteration, or
    destruction, any physical evidence that might aid in the
    discovery or apprehension of the person or in the lodging
    of a criminal charge against the person;
        (6) aid the person to protect or expeditiously profit
    from an advantage derived from the crime; or
        (7) provide expert services or expert assistance to the
    person. Providing expert services or expert assistance
    shall not be construed to apply to: (1) a licensed attorney
    who discusses with a client the legal consequences of a
    proposed course of conduct or advises a client of legal or
    constitutional rights and (2) a licensed medical doctor who
    provides emergency medical treatment to a person whom he or
    she believes has committed an offense under this Article
    if, as soon as reasonably practicable either before or
    after providing such treatment, he or she notifies a law
    enforcement agency.
(Source: P.A. 92-854, eff. 12-5-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 06/22/2005