94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0053

 

Introduced 1/3/2005, by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/29D-10

    Amends the Terrorism Article of the Criminal Code of 1961. Defines "endangering the food supply" and "endangering the water supply". Provides that endangering the food supply or endangering the water supply constitutes an act of terrorism. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0053 LRB094 04236 RLC 35024 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 29D-10 as follows:
 
6     (720 ILCS 5/29D-10)
7     Sec. 29D-10. Definitions. As used in this Article, where
8 not otherwise distinctly expressed or manifestly incompatible
9 with the intent of this Article:
10     (a) "Computer network" means a set of related, remotely
11 connected devices and any communications facilities including
12 more than one computer with the capability to transmit data
13 among them through communication facilities.
14     (b) "Computer" means a device that accepts, processes,
15 stores, retrieves, or outputs data, and includes, but is not
16 limited to, auxiliary storage and telecommunications devices.
17     (c) "Computer program" means a series of coded instruction
18 or statements in a form acceptable to a computer which causes
19 the computer to process data and supply the results of data
20 processing.
21     (d) "Data" means representations of information,
22 knowledge, facts, concepts or instructions, including program
23 documentation, that are prepared in a formalized manner and are
24 stored or processed in or transmitted by a computer. Data may
25 be in any form, including but not limited to magnetic or
26 optical storage media, punch cards, or data stored internally
27 in the memory of a computer.
28     (e) "Biological products used in or in connection with
29 agricultural production" includes, but is not limited to,
30 seeds, plants, and DNA of plants or animals altered for use in
31 crop or livestock breeding or production or which are sold,
32 intended, designed, or produced for use in crop production or

 

 

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1 livestock breeding or production.
2     (f) "Agricultural products" means crops and livestock.
3     (g) "Agricultural production" means the breeding and
4 growing of livestock and crops.
5     (g-5) "Animal feed" means an article that is intended for
6 use for food for animals other than humans and that is intended
7 for use as a substantial source of nutrients in the diet of the
8 animal, and is not limited to a mixture intended to be the sole
9 ration of the animal.
10     (g-10) "Contagious or infectious disease" means any
11 disease that can be spread from one subject to another by
12 direct or indirect contact or by an intermediate agent,
13 including, but not limited to, anthrax, all species of
14 brucellosis, equine infectious anemia, hog cholera,
15 pseudorabies, psoroptic mange, rabies, tuberculosis, vesicular
16 stomatitis, avian influenza, pullorum, fowl typhoid,
17 psittacosis, viscerotropic velogenic Newcastle disease, foot
18 and mouth disease, rinderpest, African swine fever,
19 piroplasmosis, vesicular exanthema, Johne's disease, scabies,
20 scrapies, bovine leukosis, and bovine spongiform
21 encephalopathy.
22     (g-15) "Processed food" means any food other than a raw
23 agricultural commodity and includes any raw agricultural
24 commodity that has been subject to processing, such as canning,
25 cooking, freezing, dehydration, or milling.
26     (g-20) "Raw agricultural commodity" means any food in its
27 raw or natural state, including all fruits that are washed,
28 colored, or otherwise treated in their unpeeled natural form
29 prior to marketing.
30     (g-25) "Endangering the food supply" means to knowingly:
31         (1) bring into this State any domestic animal that is
32     affected with any contagious or infectious disease or any
33     animal that has been exposed to any contagious or
34     infectious disease;
35         (2) expose any animal in this State to any contagious
36     or infectious disease;

 

 

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1         (3) deliver any poultry that is infected with any
2     contagious or infectious disease to any poultry producer
3     pursuant to a production contract;
4         (4) except as permitted under the Insect Pest and Plant
5     Disease Act, bring or release into this State any insect
6     pest or expose any plant to an insect pest; or
7         (5) expose any raw agricultural commodity, animal
8     feed, or processed food to any contaminant or contagious or
9     infectious disease.
10     "Endangering the food supply" does not include bona fide
11 experiments and actions related to those experiments carried on
12 by commonly recognized research facilities.
13     (g-30) "Endangering the water supply" means to knowingly
14 contaminate a public or private water well or water reservoir
15 or any water supply of a public utility or tamper with the
16 production of bottled or packaged water or tamper with bottled
17 or packaged water at a retail or wholesale mercantile
18 establishment.
19     (h) "Livestock" means animals bred or raised for human
20 consumption.
21     (i) "Crops" means plants raised for: (1) human consumption,
22 (2) fruits that are intended for human consumption, (3)
23 consumption by livestock, and (4) fruits that are intended for
24 consumption by livestock.
25     (j) "Communications systems" means any works, property, or
26 material of any radio, telegraph, telephone, microwave, or
27 cable line, station, or system.
28     (k) "Substantial damage" means monetary damage greater
29 than $100,000.
30     (l) "Terrorist act" or "act of terrorism" means: (1) any
31 act that is intended to cause or create a risk and does cause
32 or create a risk of death or great bodily harm to one or more
33 persons; (2) any act that disables or destroys the usefulness
34 or operation of any communications system; (3) any act or any
35 series of 2 or more acts committed in furtherance of a single
36 intention, scheme, or design that disables or destroys the

 

 

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1 usefulness or operation of a computer network, computers,
2 computer programs, or data used by any industry, by any class
3 of business, or by 5 or more businesses or by the federal
4 government, State government, any unit of local government, a
5 public utility, a manufacturer of pharmaceuticals, a national
6 defense contractor, or a manufacturer of chemical or biological
7 products used in or in connection with agricultural production;
8 (4) any act that disables or causes substantial damage to or
9 destruction of any structure or facility used in or used in
10 connection with ground, air, or water transportation; the
11 production or distribution of electricity, gas, oil, or other
12 fuel; the treatment of sewage or the treatment or distribution
13 of water; or controlling the flow of any body of water; (5) any
14 act that causes substantial damage to or destruction of
15 livestock or to crops or a series of 2 or more acts committed
16 in furtherance of a single intention, scheme, or design which,
17 in the aggregate, causes substantial damage to or destruction
18 of livestock or crops; (6) any act that causes substantial
19 damage to or destruction of any hospital or any building or
20 facility used by the federal government, State government, any
21 unit of local government or by a national defense contractor or
22 by a public utility, a manufacturer of pharmaceuticals, a
23 manufacturer of chemical or biological products used in or in
24 connection with agricultural production or the storage or
25 processing of agricultural products or the preparation of
26 agricultural products for food or food products intended for
27 resale or for feed for livestock; or (7) any act that causes
28 substantial damage to any building containing 5 or more
29 businesses of any type or to any building in which 10 or more
30 people reside; (8) endangering the food supply; or (9)
31 endangering the water supply.
32     (m) "Terrorist" and "terrorist organization" means any
33 person who engages or is about to engage in a terrorist act
34 with the intent to intimidate or coerce a significant portion
35 of a civilian population.
36     (n) "Material support or resources" means currency or other

 

 

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1 financial securities, financial services, lodging, training,
2 safe houses, false documentation or identification,
3 communications equipment, facilities, weapons, lethal
4 substances, explosives, personnel, transportation, any other
5 kind of physical assets or intangible property, and expert
6 services or expert assistance.
7     (o) "Person" has the meaning given in Section 2-15 of this
8 Code and, in addition to that meaning, includes, without
9 limitation, any charitable organization, whether incorporated
10 or unincorporated, any professional fund raiser, professional
11 solicitor, limited liability company, association, joint stock
12 company, association, trust, trustee, or any group of people
13 formally or informally affiliated or associated for a common
14 purpose, and any officer, director, partner, member, or agent
15 of any person.
16     (p) "Render criminal assistance" means to do any of the
17 following with the intent to prevent, hinder, or delay the
18 discovery or apprehension of, or the lodging of a criminal
19 charge against, a person who he or she knows or believes has
20 committed an offense under this Article or is being sought by
21 law enforcement officials for the commission of an offense
22 under this Article, or with the intent to assist a person in
23 profiting or benefiting from the commission of an offense under
24 this Article:
25         (1) harbor or conceal the person;
26         (2) warn the person of impending discovery or
27     apprehension;
28         (3) provide the person with money, transportation, a
29     weapon, a disguise, false identification documents, or any
30     other means of avoiding discovery or apprehension;
31         (4) prevent or obstruct, by means of force,
32     intimidation, or deception, anyone from performing an act
33     that might aid in the discovery or apprehension of the
34     person or in the lodging of a criminal charge against the
35     person;
36         (5) suppress, by any act of concealment, alteration, or

 

 

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1     destruction, any physical evidence that might aid in the
2     discovery or apprehension of the person or in the lodging
3     of a criminal charge against the person;
4         (6) aid the person to protect or expeditiously profit
5     from an advantage derived from the crime; or
6         (7) provide expert services or expert assistance to the
7     person. Providing expert services or expert assistance
8     shall not be construed to apply to: (1) a licensed attorney
9     who discusses with a client the legal consequences of a
10     proposed course of conduct or advises a client of legal or
11     constitutional rights and (2) a licensed medical doctor who
12     provides emergency medical treatment to a person whom he or
13     she believes has committed an offense under this Article
14     if, as soon as reasonably practicable either before or
15     after providing such treatment, he or she notifies a law
16     enforcement agency.
17 (Source: P.A. 92-854, eff. 12-5-02.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.