97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3423

 

Introduced 2/24/2011, 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 such 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.


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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) Criminal Code of 1961: Section 24-1.2
22        (aggravated discharge of a firearm), 24-1.2-5
23        (aggravated discharge of a machine gun or silencer
24        equipped firearm), 24-1.6 (aggravated unlawful use of
25        a weapon), 24-2.2 (unlawful ammunition), 24-3
26        (unlawful sale of firearms), 24-3.2 (unlawful

 

 

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

 

 

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1in the business of gambling activity that was in violation of
2the law of the United States, or the State of Illinois or
3another state, or any political subdivision thereof, and that
4is unenforceable under Federal law, or the laws of the State of
5Illinois or another state, in whole or in part as to principal
6or interest, or (2) that was incurred in connection with the
7business of lending money or other things of value in violation
8of the laws of the United States, or the laws of the State of
9Illinois or another state, or a political subdivision thereof,
10at a rate usurious under Federal law, or the laws of the State
11of Illinois or another state, where the usurious rate is at
12least twice the enforceable rate.
13    (f) "Unlawful death" includes the following offenses under
14the Criminal Code of 1961: Section 9-1 (first degree murder),
159-2 (second degree murder), 9-3 (voluntary manslaughter and
16reckless homicide), or 9-3.2 (involuntary manslaughter).
17    (g) "GICO prosecutor" means any Illinois State's Attorney,
18or any of his or her representatives so designated by such
19Illinois State's Attorney, under the laws or regulations of the
20State of Illinois or any political subdivision thereof, who is
21charged with the duty of enforcing or carrying into effect this
22Article. "Prosecutor" also includes the Attorney General of the
23State of Illinois upon the granting of an application pursuant
24to the Statewide Grand Jury Act.
 
25    (720 ILCS 5/33G-10 new)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1under this Article, the prosecutor or his or her agent shall
2direct the disposition of the property by sale or any other
3commercially feasible means, making due provision for the
4rights of any innocent persons. Any property right or interest
5not exercisable by, or transferable for value to, the State of
6Illinois shall expire and shall not revert to the defendant,
7nor shall the defendant or any person acting in concert with or
8on behalf of the defendant be eligible to purchase forfeited
9property at any sale held by the prosecutor or his or her
10agent. Upon application of a person, other than the defendant
11or a person acting in concert with or on behalf of the
12defendant, the court may restrain or stay the sale or
13disposition of the property pending the conclusion of any
14appeal of the criminal case giving rise to the forfeiture, if
15the applicant demonstrates that proceeding with the sale or
16disposition of the property will result in irreparable injury,
17harm or loss to him or her. At the direction of the court, the
18proceeds of any sale or other disposition of property forfeited
19under this Article and any moneys forfeited shall be used to
20pay all proper expenses consisting of the costs of the
21investigation, the prosecution thereof, and any related
22remedial proceedings under this Article, as well as the
23forfeiture and sale, including any expenses of seizure,
24maintenance or custody of the property pending its disposition,
25advertising and court costs. The prosecutor shall deposit in
26the treasury of the State of Illinois 75% of any amounts of the

 

 

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1proceeds or moneys remaining after the payment of such proper
2expenses, which money or proceeds shall thereafter be disposed
3of as prescribed by law, and the prosecutor shall retain
4directly the final 25% of such proceeds or moneys for the
5general purposes of fulfilling the duties of his or her office,
6or for equitable sharing, as directed by the prosecutor, among
7those investigators participating in the investigation, the
8prosecution thereof, and or any related remedial proceedings
9under this Article.
10    (h) With respect to property ordered forfeited under this
11Article, the court is authorized to: (1) grant petitions for
12mitigation or remission of forfeiture, restore forfeited
13property to victims of a violation of this Article, or take any
14other action to protect the rights of innocent persons that is
15in the interest of justice and that is not inconsistent with
16the provisions of this Article; (2) compromise claims arising
17under this Article; (3) award compensation to persons providing
18information resulting in a forfeiture under this Article; (4)
19direct the disposition by public sale by the prosecutor or his
20or her agent of all property ordered forfeited under this
21Article or direct any other commercially feasible means, making
22due provision for the rights of innocent persons; and (5) take
23appropriate measures necessary to safeguard and maintain
24property ordered forfeited under this Article pending its
25disposition.
26    (i) Except as provided herein, no party claiming an

 

 

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1interest in property subject to forfeiture under this Article
2may: (1) intervene in any trial or appeal of a criminal case
3involving the forfeiture of such property under this Article;
4or (2) commence an action at law or equity against the State of
5Illinois, or against any prosecutor or investigator,
6concerning the actions taken under this Article or concerning
7the validity of an alleged interest in the property subsequent
8to the filing of an indictment or information alleging that the
9property is subject to forfeiture under this Article.
10    (j) In order to facilitate the identification or location
11of property declared forfeited and to facilitate the
12disposition of petitions for remission or mitigation of
13forfeiture, after the entry of an order declaring property
14forfeited to the State of Illinois, the court may, upon
15application of the prosecutor, order that the testimony of any
16witness relating to the property forfeited be taken by
17deposition and that any designated book, paper, document,
18record, recording, or other material not privileged be produced
19at the same time and place, in the same manner as provided for
20the taking of depositions in civil proceedings under the laws
21of the State of Illinois.
 
22    (720 ILCS 5/33G-25 new)
23    Sec. 33G-25. Severability. If any clause, sentence,
24Section, or provision, or part of this Article or the
25application thereof to any person or circumstance shall be

 

 

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

 

 

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

 

 

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

 

 

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1        (3) the period of time in which the use of the device
2    is authorized, including a statement as to whether or not
3    the use shall automatically terminate when the described
4    conversations have been first obtained.
5    (b) No order entered under this section may authorize or
6approve the use of any eavesdropping device for any period
7longer than 30 days. An initial or a subsequent extension, in
8no case for more than 30 days each, of an order may be granted
9but only upon application made in accordance with Section
10108A-3 and where the court makes the findings required in
11Section 108A-4.
12(Source: P.A. 92-413, eff. 8-17-01.)
 
13    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
14    Sec. 108B-3. Authorization for the interception of private
15communication.
16    (a) The State's Attorney, or a person designated in writing
17or by law to act for him and to perform his duties during his
18absence or disability, may authorize, in writing, an ex parte
19application to the chief judge of a court of competent
20jurisdiction for an order authorizing the interception of a
21private communication when no party has consented to the
22interception and (i) the interception may provide evidence of,
23or may assist in the apprehension of a person who has
24committed, is committing or is about to commit, a violation of
25Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation

 

 

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1of murder for hire), 9-1 (first degree murder), 10-9
2(involuntary servitude, involuntary sexual servitude of a
3minor, or trafficking in persons for forced labor or services),
411-15.1 (soliciting for a minor engaged in prostitution), 11-16
5(pandering), 11-17.1 (keeping a place of juvenile
6prostitution), 11-18.1 (patronizing a minor engaged in
7prostitution), 11-19.1 (juvenile pimping and aggravated
8juvenile pimping), or 29B-1 (money laundering) of the Criminal
9Code of 1961, Section 401, 401.1 (controlled substance
10trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
11the Illinois Controlled Substances Act or any Section of the
12Methamphetamine Control and Community Protection Act, a
13violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
1424-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
1524-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
16Criminal Code of 1961, or an offense listed as predicate
17activity under subsection (c) of Section 33G-5, or conspiracy
18to commit money laundering or conspiracy to commit first degree
19murder; (ii) in response to a clear and present danger of
20imminent death or great bodily harm to persons resulting from:
21(1) a kidnapping or the holding of a hostage by force or the
22threat of the imminent use of force; or (2) the occupation by
23force or the threat of the imminent use of force of any
24premises, place, vehicle, vessel or aircraft; (iii) to aid an
25investigation or prosecution of a civil action brought under
26the Illinois Streetgang Terrorism Omnibus Prevention Act when

 

 

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1there is probable cause to believe the interception of the
2private communication will provide evidence that a streetgang
3is committing, has committed, or will commit a second or
4subsequent gang-related offense or that the interception of the
5private communication will aid in the collection of a judgment
6entered under that Act; or (iv) upon information and belief
7that a streetgang has committed, is committing, or is about to
8commit a felony.
9    (b) The State's Attorney or a person designated in writing
10or by law to act for the State's Attorney and to perform his or
11her duties during his or her absence or disability, may
12authorize, in writing, an ex parte application to the chief
13judge of a circuit court for an order authorizing the
14interception of a private communication when no party has
15consented to the interception and the interception may provide
16evidence of, or may assist in the apprehension of a person who
17has committed, is committing or is about to commit, a violation
18of an offense under Article 29D of the Criminal Code of 1961.
19    (b-1) Subsection (b) is inoperative on and after January 1,
202005.
21    (b-2) No conversations recorded or monitored pursuant to
22subsection (b) shall be made inadmissible in a court of law by
23virtue of subsection (b-1).
24    (c) As used in this Section, "streetgang" and
25"gang-related" have the meanings ascribed to them in Section 10
26of the Illinois Streetgang Terrorism Omnibus Prevention Act.

 

 

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1(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
296-1464, eff. 8-20-10.)
 
3    Section 15. The Statewide Grand Jury Act is amended by
4changing Section 3 as follows:
 
5    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
6    Sec. 3. Written application for the appointment of a
7Circuit Judge to convene and preside over a Statewide Grand
8Jury, with jurisdiction extending throughout the State, shall
9be made to the Chief Justice of the Supreme Court. Upon such
10written application, the Chief Justice of the Supreme Court
11shall appoint a Circuit Judge from the circuit where the
12Statewide Grand Jury is being sought to be convened, who shall
13make a determination that the convening of a Statewide Grand
14Jury is necessary.
15    In such application the Attorney General shall state that
16the convening of a Statewide Grand Jury is necessary because of
17an alleged offense or offenses set forth in this Section
18involving more than one county of the State and identifying any
19such offense alleged; and
20        (a) that he or she believes that the grand jury
21    function for the investigation and indictment of the
22    offense or offenses cannot effectively be performed by a
23    county grand jury together with the reasons for such
24    belief, and

 

 

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

 

 

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1    Influenced and Criminal Organizations Law; provided that
2    the violation or offense involves acts occurring in more
3    than one county of this State; and
4        (a-5) For violations facilitated by the use of a
5    computer, including the use of the Internet, the World Wide
6    Web, electronic mail, message board, newsgroup, or any
7    other commercial or noncommercial on-line service, of any
8    of the following offenses: indecent solicitation of a
9    child, sexual exploitation of a child, soliciting for a
10    juvenile prostitute, keeping a place of juvenile
11    prostitution, juvenile pimping, or child pornography; and
12        (b) For the offenses of perjury, subornation of
13    perjury, communicating with jurors and witnesses, and
14    harassment of jurors and witnesses, as they relate to
15    matters before the Statewide Grand Jury.
16    "Streetgang related" has the meaning ascribed to it in
17Section 10 of the Illinois Streetgang Terrorism Omnibus
18Prevention Act.
19    Upon written application by the Attorney General for the
20convening of an additional Statewide Grand Jury, the Chief
21Justice of the Supreme Court shall appoint a Circuit Judge from
22the circuit for which the additional Statewide Grand Jury is
23sought. The Circuit Judge shall determine the necessity for an
24additional Statewide Grand Jury in accordance with the
25provisions of this Section. No more than 2 Statewide Grand
26Juries may be empaneled at any time.

 

 

HB3423- 27 -LRB097 09212 RLC 51271 b

1(Source: P.A. 94-556, eff. 9-11-05.)

 

 

HB3423- 28 -LRB097 09212 RLC 51271 b

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