97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3612

 

Introduced 2/24/2011, by Rep. Renée Kosel

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 1961. Adds the Corruption Influenced and Criminal Organizations Law to 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. Amends the Statewide Grand Jury Act. Permits the convening of a Statewide Grand Jury to investigate and return indictments for violations of the Corruption Influenced and Criminal Organizations Law.


LRB097 08527 RLC 50735 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. CORRUPTION INFLUENCED AND CRIMINAL ORGANIZATIONS
8
LAW

 
9    (720 ILCS 5/33G-1 new)
10    Sec. 33G-1. Short title. This Article may be cited as the
11Corruption Influenced and Criminal Organizations Law (or
12"CICO").
 
13    (720 ILCS 5/33G-2 new)
14    Sec. 33G-2. Legislative declaration. The substantial harm,
15public and private, inflicted on the people and economy of this
16State by pervasive public corruption, violent street gangs,
17organized sexual predators and hate crime offenders,
18identity-theft rings, criminal commercial schemes, and all
19other forms of enterprise criminality, is legitimately a matter
20of grave concern to the people of this State who have a basic
21right to be protected from such criminal activity and to be

 

 

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1given adequate criminal and civil remedies to redress its
2harms. Whereas the current laws of this State provide
3inadequate criminal and civil remedies, procedures and
4punishments, the Illinois General Assembly hereby gives the
5supplemental remedies of the Corruption Influenced and
6Criminal Organizations Law full force and effect under law for
7the common good of this State and its people.
 
8    (720 ILCS 5/33G-3 new)
9    Sec. 33G-3. Definitions. As used in this Article:
10    (a) "Another state" means any state of the United States
11(other than the State of Illinois), or the District of
12Columbia, or the Commonwealth of Puerto Rico, or any territory
13or possession of the United States, or any political
14subdivision, or any department, agency, or instrumentality
15thereof.
16    (b) "Enterprise" includes (1) any individual, sole
17proprietorship, partnership, corporation, association,
18business or charitable trust or other legal entity, and (2) any
19union or group of individuals, sole proprietorships,
20partnerships, corporations, associations, business or
21charitable trusts or other legal entities, or any combination
22thereof, associated in fact although not itself a legal entity.
23An association in fact must be held together by a common
24purpose, apart from an individual purpose or purposes, but it
25need not be hierarchically structured or otherwise specially

 

 

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1configured. As used in this Article, "enterprise" includes
2licit and illicit enterprises, as well as the State of Illinois
3and any political subdivision, or any department, agency, or
4instrumentality thereof.
5    (c) "Predicate activity" means:
6        (1) any act, attempt, endeavor, solicitation, or
7    conspiracy that is punishable by imprisonment for more than
8    one year, and constitutes a violation or violations of any
9    of the following provisions of the laws of the State of
10    Illinois (as amended or revised as of the date the activity
11    occurred or, in the instance of a continuing offense, the
12    date that charges under this Article are filed in a
13    particular matter in the State of Illinois):
14            (i) Section 7 of the Currency Reporting Act
15        (financial structuring);
16            (ii) Illinois Vehicle Code: Section 4-103
17        (possession of stolen vehicles), 4-103.1 (stolen
18        vehicle conspiracy), 4-103.2 (aggravated possession of
19        stolen vehicles), 4-103.3 (organizer of a stolen
20        vehicle conspiracy), 4-104 (stolen vehicle documents),
21        4-105 (altered vehicle documents), or 4-105.1 (false
22        vehicle documents);
23            (iii) Criminal Code of 1961: Section 8-1
24        (solicitation), 8-1.1 (solicitation of murder), 8-1.2
25        (solicitation of murder for hire), 8-2 (conspiracy),
26        8-4 (attempt), 9-1 (first degree murder), 9-3.1

 

 

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1        (concealment of homicidal death), 9-3.3 (drug-induced
2        homicide), 10-1 (kidnaping), 10-2 (aggravated
3        kidnaping), 10-3 (unlawful restraint), 10-3.1
4        (aggravated unlawful restraint), 10-4 (forcible
5        detention), 10-5 (child abduction), 10-7 (aiding and
6        abetting child abduction), 10A-10 (trafficking of
7        persons and involuntary servitude), 11-6 (indecent
8        solicitation of a child), 11-9.1 (sexual exploitation
9        of a child), 11-9.2 (custodial sexual misconduct),
10        11-15.1 (soliciting for a juvenile prostitute), 11-16
11        (pandering), 11-17.1 (keeping a place of juvenile
12        prostitution), 11-18.1 (patronizing a juvenile
13        prostitute), 11-19.1 (juvenile pimping and aggravated
14        juvenile pimping), 11-19.2 (exploitation of a child),
15        12-2 (aggravated assault), 12-4 (aggravated battery),
16        12-4.1 (heinous battery), 12-4.2 (aggravated battery
17        with a firearm), 12-4.2-5 (aggravated battery with a
18        machine gun or silencer-equipped firearm), 12-4.5
19        (tampering with food, drugs or cosmetics), 12-4.7
20        (drug-induced infliction of great bodily harm), 12-6
21        (intimidation), 12-6.1 (compelling organization
22        membership of persons), 12-6.2 (aggravated
23        intimidation), 12-6.4 (criminal street gang
24        recruitment), 12-7.1 (hate crime), 12-7.3 (stalking),
25        12-7.4 (aggravated stalking), 12-7.5 (cyberstalking),
26        12-9 (threatening public officials), 12-11 (home

 

 

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1        invasion), 12-11.1 (vehicular invasion), 12-13
2        (criminal sexual assault), 12-14 (aggravated criminal
3        sexual assault), 12-14.1 (predatory criminal sexual
4        assault of a child), 12-16 (aggravated criminal sexual
5        abuse), 12-20 (sale of body parts), 16-1 (theft), 16-7
6        (piracy of recorded sounds or images), 16-16.1
7        (aggravated possession of a stolen firearm), 16D-4
8        (aggravated computer tampering), 16D-5 (computer
9        fraud), 16G-15 (identity theft), 16G-20 (aggravated
10        identity theft), 16H-60 (financial crime), 17-3
11        (forgery), 17-5 (deceptive collection practices), 17-6
12        (state benefits fraud), 17-9 (public aid wire fraud),
13        17-10 (public aid mail fraud), 17-15 (fraudulent
14        conveyance), 17-24 (fraudulent schemes and artifices),
15        17-25 (use of scanning devices to defraud), 17-26
16        (corporate misconduct), 17-27 (fraud in insolvency),
17        17-29 (fraudulent disadvantaged business contracts),
18        18-1 (robbery), 18-2 (armed robbery), 18-3 (vehicular
19        hijacking), 18-4 (aggravated vehicular hijacking),
20        18-5 (aggravated robbery), 19-1 (burglary), 19-2
21        (possession of burglary tools), 19-3 (residential
22        burglary), 20-1 (arson), 20-1.1 (aggravated arson),
23        20-1.2 (residential arson), 20-1.3 (place of worship
24        arson), 20-2 (possession of explosives), 20.5-5
25        (causing a catastrophe), 20.5-6 (possession of a
26        deadly substance), 24-1.2 (aggravated discharge of a

 

 

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1        firearm), 24-1.2-5 (aggravated discharge of a machine
2        gun or silencer equipped firearm), 24-1.6 (aggravated
3        unlawful use of a weapon), 24-2.2 (unlawful
4        ammunition), 24-3 (unlawful sale of firearms), 24-3.2
5        (unlawful discharge of firearm projectiles), 24-3A
6        (gunrunning), 24-5 (defacing a firearm), 28-1.1
7        (syndicated gambling), 29-1 (offering a sports bribe),
8        29-2 (accepting a sports bribe), 29A-1 (offering a
9        commercial bribe), 29A-2 (accepting a commercial
10        bribe), 29B-1 (money laundering), 29D-15 (soliciting
11        support for terrorism), 29D-20 (making a terrorist
12        threat), 29D-25 (falsely making a terrorist threat),
13        29D-30 (terrorism), 29D-35 (hindering prosecution of
14        terrorism), 30-1 (treason), 31-4 (obstruction of
15        justice), 31A-1.2 (unauthorized contraband in a penal
16        institution), 32-2 (perjury), 32-3 (subornation of
17        perjury), 32-4 (communication with jurors or
18        witnesses), 32-4a (harassment of jurors or witnesses),
19        32-4b (juror bribery), 32-5 (false personation of a
20        government official), 32-5.1 (false personation of a
21        peace officer), 32-5.1-1 (false personation of a peace
22        officer with a deadly weapon), 32-5.2 (aggravated
23        false personation of a peace officer), 32-5.4 (false
24        personation of a fire fighter), 32-5.5 (aggravated
25        false personation of a firefighter), 33-1 (bribery),
26        33A-3 (armed violence), 33C-1 (fraudulent

 

 

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1        certification of disadvantaged business), 33C-2 (false
2        statement regarding a disadvantaged business), 33C-3
3        (obstruction of a disadvantaged business
4        investigation), 33C-4 (obtaining fraudulent payments
5        for a disadvantaged business), 33E-3 (bid-rigging),
6        33E-4 (bid-rotating), 33E-5 (unlawful acquisition or
7        disclosure of bid information), 33E-6 (interference
8        with contract submission or award), 33E-7 (kickbacks),
9        33E-8 (bribery of inspectors), 33E-9 (unlawful change
10        orders), 33E-11 (unlawful certification), 33E-14
11        (false statements on vendor applications), 33E-15
12        (false entries), 33E-16 (misapplication of funds),
13        33E-17 (unlawful participation), 33E-18 (unlawful
14        stringing of bids), 39-1 (criminal usury), 46-1
15        (insurance fraud), 46-1.1 (fraud on a governmental
16        entity), or 46-2 (aggravated insurance fraud);
17            (iv) Illinois Credit Card and Debit Card Act:
18        Section 3 (false statement in procuring a credit card),
19        7 (obtaining or transferring a credit card with intent
20        to defraud), 8 (credit card fraud), 12 (use of account
21        information with intent to defraud), 15 (alteration of
22        a credit card), 16 (counterfeit credit card), 17
23        (unlawful possession of credit card machinery), 17.01
24        (fraudulent deposit), or 17.02 (fraudulent
25        transmission);
26            (v) Cannabis Control Act: Section 5 (manufacture

 

 

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1        or delivery of cannabis), 5.1 (cannabis trafficking),
2        8 (production or possession of cannabis plants);
3            (vi) Illinois Controlled Substances Act: 401
4        (manufacture or delivery of a controlled substance),
5        401.1 (controlled substance trafficking), 405
6        (calculated criminal drug conspiracy), 405.1 (criminal
7        drug conspiracy), 405.2 (streetgang criminal drug
8        conspiracy), or 406.1 (unlawful use of buildings to
9        produce controlled substances);
10            (vii) Methamphetamine Control and Community
11        Protection Act: Section 15 (methamphetamine
12        manufacturing) or 55 (methamphetamine delivery); or
13            (viii) Home Repair Fraud Act: Section 3 (home
14        repair fraud) or 5 (aggravated home repair fraud); or
15        (2) any act, attempt, endeavor, solicitation, or
16    conspiracy involving murder, kidnaping, gambling, arson,
17    robbery, bribery, extortion, dealing in obscene matter, or
18    dealing in a controlled substance or listed chemical (as
19    defined under the laws of the United States in Title 21,
20    United States Code, Section 802), that is chargeable under
21    the laws of Another State and punishable by imprisonment
22    for more than one year. Under this Article, "chargeable"
23    means the act, attempt or endeavor, solicitation, or
24    conspiracy constitutes an offense under the substantive
25    criminal law of Another State, as such laws exist as of the
26    date the activity occurred or, in the instance of a

 

 

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1    continuing offense, the date that charges under this
2    Article are filed in a particular matter in the State of
3    Illinois, but it does not include any procedural defenses
4    under the laws of Another State; or
5        (3) any act, attempt, endeavor, solicitation, or
6    conspiracy that is chargeable under any of the provisions
7    referenced in Title 18, United States Code, Sections
8    1961(1)(B) through (G). Under this Article, "chargeable"
9    means the act, attempt or endeavor, solicitation, or
10    conspiracy constitutes an offense under the referenced
11    provisions, as such provisions exist as of the date the
12    activity occurred or, in the instance of a continuing
13    offense, the date that charges under this Article are filed
14    in a particular matter in the State of Illinois, but it
15    does not include any procedural defenses under the laws of
16    the United States.
17    (d) "Pattern of predicate activity" means: (1) at least 2
18occurrences of predicate activity related to the affairs of an
19enterprise in the form of an act, attempt, endeavor,
20solicitation, or conspiracy, or any combination thereof; and
21(2) at least one of which falls after the effective date of
22this Article, and the last of which falls within 10 years
23(excluding any period of imprisonment) after the prior
24occurrence of predicate activity.
25    (e) "Unlawful debt" means a debt (1) incurred or contracted
26in the business of gambling activity that was in violation of

 

 

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1the law of the United States, or the State of Illinois or
2Another State, or any political subdivision thereof, and that
3is unenforceable under Federal law, or the laws of the State of
4Illinois or Another State, in whole or in part as to principal
5or interest, or (2) that was incurred in connection with the
6business of lending money or other things of value in violation
7of the laws of the United States, or the laws of the State of
8Illinois or Another State, or a political subdivision thereof,
9at a rate usurious under Federal law, or the laws of the State
10of Illinois or Another State, where the usurious rate is at
11least twice the enforceable rate.
12    (f) "Unlawful death" includes the following offenses under
13the Criminal Code of 1961: Section 9-1 (first degree murder),
149-2 (second degree murder), 9-3 (voluntary manslaughter and
15reckless homicide), or 9-3.2 (involuntary manslaughter).
16    (g) "Corruption prosecutor" means any Illinois State's
17Attorney, or any of his or her representatives so designated by
18such Illinois State's Attorney, under the laws or regulations
19of the State of Illinois or any political subdivision thereof,
20who is charged with the duty of enforcing or carrying into
21effect this Article. "Corruption prosecutor" also includes the
22Attorney General of the State of Illinois upon the granting of
23an application pursuant to the Statewide Grand Jury Act.
24    (h) "Corruption investigator" means any peace officer or
25law enforcement agent of the United States, Another State, the
26State of Illinois, or any political subdivision thereof, or any

 

 

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1member or attorney of a law enforcement office, agency,
2commission, or other entity that is empowered to investigate or
3prosecute any criminal violation of the laws of the United
4States, another state, the State of Illinois, or any political
5subdivision thereof.
6    (i) "Corruption investigation" means any inquiry conducted
7by any corruption prosecutor or corruption investigator for the
8purpose of ascertaining whether, or to what degree, any person
9has been involved in any violation of this Article, or any
10inquiry concerning any final order, judgment, or decree of any
11court, duly entered in any case or proceeding arising under
12this Article.
 
13    (720 ILCS 5/33G-4 new)
14    Sec. 33G-4. Prohibited activities. Under this Article:
15    (a) It is unlawful for any person: (1) who is employed by
16or associated with any enterprise, knowingly to conduct or
17participate, directly or indirectly, in such enterprise's
18affairs through either a pattern of predicate activity or the
19collection of unlawful debt; or (2) knowingly to acquire or
20maintain, directly or indirectly, through either a pattern of
21predicate activity or the collection of unlawful debt, any
22interest in, or control of, to any degree, of any enterprise,
23real property, or personal property of any character, including
24money.
25    (b) It is unlawful for any person knowingly to attempt to

 

 

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1violate, or knowingly conspire to violate, this Article.
2Notwithstanding any other provision of law, in any prosecution
3for a conspiracy to violate this Article, no person may be
4convicted of such conspiracy unless an overt act in furtherance
5of such agreement is alleged and proved to have been committed
6by him or by a coconspirator. The commission of such overt act
7need not itself constitute predicate activity underlying the
8specific violation of this Article.
9    (c) The application of a remedy under this Article shall
10not preclude the application of other criminal, civil or
11administrative remedies under this Article or any other
12provision of law. Any person prosecuted under this Article may
13be convicted and sentenced either: (1) for the offense of
14attempting or conspiring to violate this Article, and for any
15other particular offense or offenses that may constitute an
16object of the attempt or conspiracy to violate this Article; or
17(2) for the substantive offense of violating this Article, and
18for any other particular offense or offenses that may
19constitute predicate activity underlying a violation of this
20Article.
21    (d) It is not a defense to any violation of this Article
22that a defendant has been formerly prosecuted for an offense
23based upon the same facts, within the meaning of Section 3-4 of
24this Code, that thereafter serves as any portion of the
25underlying predicate activity in a subsequent prosecution for
26any violation of this Article, unless the former prosecution

 

 

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1was terminated by a final order or judgment, even if entered
2before trial, which required a determination inconsistent with
3any fact necessary to a conviction in the subsequent
4prosecution under this Article.
 
5    (720 ILCS 5/33G-5 new)
6    Sec. 33G-5. Penalties. Under this Article, notwithstanding
7any other provision of law:
8    (a) Any violation of this Article shall be sentenced as a
9Class X felony with a term of imprisonment of not less than 6
10years and not more than 30 years, and the sentence imposed
11shall also include restitution, and/or a criminal fine, jointly
12and severally, up to $250,000 or twice the gross amount of any
13intended loss of the violation, if any, whichever is higher.
14    (b) Wherever the unlawful death of any person or persons
15results as a necessary or natural consequence of any violation
16of this Article, the sentence imposed on the defendant shall
17include an enhanced term of imprisonment of at least 25 years
18up to natural life, in addition to any other penalty imposed by
19the court, provided: (1) the death or deaths were reasonably
20foreseeable to the defendant to be sentenced; and (2) the death
21or deaths occurred when such defendant was otherwise engaged in
22the violation of this Article as a whole.
23    (c) A sentence of probation, periodic imprisonment,
24conditional discharge, impact incarceration or county impact
25incarceration, court supervision, withheld adjudication, or

 

 

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1any pretrial diversionary sentence or suspended sentence, is
2not authorized for a violation of this Article.
 
3    (720 ILCS 5/33G-6 new)
4    Sec. 33G-6. Remedial proceedings, procedures, and
5forfeiture. Under this Article:
6    (a) The courts shall have jurisdiction to prevent and
7restrain violations of this Article by issuing appropriate
8orders, including: (1) ordering any person to disgorge illicit
9proceeds obtained by a violation of this Article or divest
10himself or herself of any interest, direct or indirect, in any
11enterprise or real or personal property of any character,
12including money, obtained, directly or indirectly, by a
13violation of this Article; (2) imposing reasonable
14restrictions on the future activities or investments of any
15person or enterprise, including prohibiting any person or
16enterprise from engaging in the same type of endeavor as the
17person or enterprise engaged in, that violated this Article; or
18(3) ordering dissolution or reorganization of any enterprise,
19making due provision for the rights of innocent persons.
20    (b) The United States, Another State, or the State of
21Illinois, or any political subdivision, or any department,
22agency, or instrumentality thereof, or any person (subject to a
23substantially equal involvement defense) or such person's
24estate, injured in his or her person, business, or property by
25reason of a violation, directly or indirectly, of this Article,

 

 

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1may sue in any appropriate court and shall recover threefold
2any damages sustained and the costs of the suit, including a
3reasonable attorney's fee at the trial and appellate level, and
4any equitable remedy justice requires, including injunctions,
5declaratory judgments, divestiture, accounting or
6disgorgement. Pending final determination thereof, the court
7may at any time enter such restraining orders or prohibitions,
8or take such other actions, including the acceptance of
9satisfactory performance bonds, as it shall deem proper.
10Satisfactory performance bonds shall not be required of the
11United States, Another State, or the State of Illinois, or any
12political subdivision, or any department, agency, or
13instrumentality thereof. The existence of a criminal
14conviction or corruption investigation for the alleged
15violation of this Article is not a prerequisite to any
16proceeding hereunder, but a final judgment entered in favor of
17the People of the State of Illinois in any criminal proceeding
18brought under this Article shall estop the defendant in the
19criminal case from denying the material allegations of the
20criminal violation in any subsequent civil or administrative
21proceeding brought under this Article.
22    (c) Notwithstanding any other provision of law, the court
23shall, for any violation of this Article, order criminal or
24civil forfeiture, in personam or in rem, jointly and severally,
25of any interest or property the person has acquired or
26maintained in violation of this Article, or any interest in,

 

 

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1security of, or claim against, or property or contractual right
2of any kind affording a source of influence of any degree over,
3any enterprise that the person has established, operated,
4controlled, conducted, or participated in, in violation of this
5Article, as well as any property constituting, or derived from,
6any proceeds, including money, that the person obtained,
7directly or indirectly, from predicate activity or unlawful
8debt collection in violation of this Article. Any court, in
9imposing sentence on such person, shall order, in addition to
10any other sentence imposed pursuant to this Article, that the
11person forfeit to the State of Illinois all property described
12herein. The property and interests subject to criminal or civil
13forfeiture under this Article include any real property,
14including things growing on, affixed to, and found in land, and
15any tangible and intangible personal property, including
16rights, privileges, interests, claims, and securities. All
17right, title, and interest in property described in this
18Article vests in the State of Illinois upon the inception of
19the illicit agreement or commission of any act otherwise giving
20rise to forfeiture under this Article. The court shall further
21order the criminal or civil forfeiture of any other property of
22the defendant up to the value of the property described herein
23if, as a result of any act or omission of the defendant, such
24property subject to forfeiture: (1) cannot be located upon the
25exercise of due diligence; (2) has been transferred or sold to,
26or deposited with, a third party; (3) has been placed beyond

 

 

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1the jurisdiction of the court; (4) has been substantially
2diminished in value; or (5) has been commingled with other
3property that cannot be divided without difficulty.
4    (d) Any property subject to criminal or civil forfeiture
5under this Article that is subsequently transferred to a person
6other than a defendant may be the subject of a special verdict
7of forfeiture and thereafter shall be ordered forfeited to the
8State of Illinois, unless the transferee petitions the court
9and establishes in a hearing before the court, without a jury,
10that he or she is a bona fide purchaser for value of such
11property who at the time of purchase was reasonably without
12cause to believe that the property was subject to forfeiture
13under this Article. The petition shall be signed by the
14petitioner under penalty of perjury and shall set forth the
15nature and extent of the petitioner's right, title, or interest
16in the property, the time and circumstances of the petitioner's
17acquisition of the right, title, or interest in the property,
18any additional facts supporting the petitioner's claim, and the
19relief sought. The hearing on the petition shall, to the extent
20practicable and consistent with the interests of justice, be
21held as soon as possible after completion of the criminal
22proceedings, if any, pursuant to this Article. The court may
23consolidate the hearing on the petition with a hearing on any
24other petition filed by a person other than the defendant under
25this Article. Following the court's disposition of all
26petitions filed under this Article, or if no such petitions are

 

 

HB3612- 18 -LRB097 08527 RLC 50735 b

1filed then within 90 days of the completion of criminal or
2civil proceedings pursuant to this Article, the State of
3Illinois shall have clear title to property that is the subject
4of the order of forfeiture and may warrant good title to any
5subsequent purchaser or transferee. In addition to testimony
6and evidence presented at the hearing, the court shall consider
7the relevant portions of the record of any criminal case that
8resulted in, or relates to, the order of forfeiture. After the
9hearing, the court shall amend the order of forfeiture if the
10court determines that the petitioner has established by a
11preponderance of the evidence that:
12        (1) the petitioner has a legal right, title, or
13    interest in the property, and such right, title, or
14    interest renders the order of forfeiture invalid in whole
15    or in part because the right, title, or interest was vested
16    in the petitioner rather than the defendant or was superior
17    to any right, title, or interest of the defendant at the
18    time of the commission of the acts that gave rise to the
19    forfeiture of the property under this Article; or
20        (2) the petitioner is a bona fide purchaser for value
21    of the right, title, or interest in the property and was at
22    the time of purchase reasonably without cause to believe
23    that the property was subject to forfeiture under this
24    Article.
25    (e) Upon application of a corruption prosecutor, the court
26may enter a restraining order or injunction, require the

 

 

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1execution of a satisfactory performance bond, or take any other
2action to preserve the availability of property described
3herein for forfeiture under this Article:
4        (1) upon the filing of an indictment or information
5    charging a violation of this Article and alleging that the
6    property with respect to which the order is sought would,
7    in the event of conviction, be subject to forfeiture under
8    this Article; or
9        (2) prior to the filing of such an indictment or
10    information, if, after notice to persons appearing to have
11    an interest in the property and opportunity for a hearing,
12    the court determines that: (A) there is a substantial
13    probability that the corruption prosecutor will prevail on
14    the issue of forfeiture and that failure to enter the order
15    will result in the property being destroyed, removed from
16    the jurisdiction of the court, or otherwise made
17    unavailable for forfeiture; and (B) the need to preserve
18    the availability of the property through the entry of the
19    requested order outweighs the hardship on any party against
20    whom the order is to be entered; Provided that any such
21    order entered be effective for not more than ninety days,
22    unless extended by the court for good cause shown or unless
23    an indictment or information described herein has been
24    filed.
25    A temporary restraining order under this Article may be
26entered upon application of a corruption prosecutor without

 

 

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1notice or opportunity for a hearing when an information or
2indictment has not yet been filed with respect to the property,
3if the corruption prosecutor demonstrates that there is
4probable cause to believe that the property with respect to
5which the order is sought would, in the event of conviction, be
6subject to forfeiture under this Article and that provision of
7notice will jeopardize the integrity of a corruption
8investigation, the safety of any persons, or the availability
9of the property for forfeiture. Such a temporary order shall
10expire not more than 10 days after the date on which it is
11entered, unless extended for good cause shown or unless the
12party against whom it is entered consents to an extension for a
13longer period. A hearing requested concerning an order entered
14herein under this Article shall be held at the earliest
15possible time, and prior to the expiration of the temporary
16order. The court may receive and consider, at a hearing held
17pursuant to this Article, evidence and information that would
18be otherwise inadmissible under the rules of evidence, and such
19a hearing shall be heard by the court without a jury.
20    (f) Upon conviction of a person under this Article or upon
21the completion of appropriate civil proceedings under this
22Article, the court shall enter a judgment of forfeiture of the
23property to the State of Illinois and shall authorize the
24corruption prosecutor or his or her agent to seize all property
25ordered forfeited upon such terms and conditions as the court
26shall deem proper. Following the entry of an order declaring

 

 

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1the property forfeited, the court may, upon application of a
2corruption prosecutor or corruption investigator, enter such
3appropriate restraining orders or injunctions, require the
4execution of satisfactory performance bonds, appoint
5receivers, conservators, appraisers, accountants, or trustees,
6or take any other action to protect the interest of the State
7of Illinois in the property ordered forfeited. Any income
8accruing to, or derived from, an enterprise or an interest in
9an enterprise that has been ordered forfeited under this
10Article may be used to offset ordinary and necessary expenses
11to the enterprise which are required by law, or which are
12necessary to protect the interests of the State of Illinois or
13third parties.
14    (g) Following the seizure of property ordered forfeited
15under this Article, the corruption prosecutor or his or her
16agent shall direct the disposition of the property by sale or
17any other commercially feasible means, making due provision for
18the rights of any innocent persons. Any property right or
19interest not exercisable by, or transferable for value to, the
20State of Illinois shall expire and shall not revert to the
21defendant, nor shall the defendant or any person acting in
22concert with or on behalf of the defendant be eligible to
23purchase forfeited property at any sale held by the corruption
24prosecutor or his or her agent. Upon application of a person,
25other than the defendant or a person acting in concert with or
26on behalf of the defendant, the court may restrain or stay the

 

 

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1sale or disposition of the property pending the conclusion of
2any appeal of the criminal case giving rise to the forfeiture,
3if the applicant demonstrates that proceeding with the sale or
4disposition of the property will result in irreparable injury,
5harm or loss to him or her. At the direction of the court, the
6proceeds of any sale or other disposition of property forfeited
7under this Article and any moneys forfeited shall be used to
8pay all proper expenses consisting of the costs of the
9corruption investigation, the prosecution thereof, and any
10related remedial proceedings under this Article, as well as the
11forfeiture and sale, including any expenses of seizure,
12maintenance or custody of the property pending its disposition,
13advertising and court costs. The corruption prosecutor shall
14deposit in the treasury of the State of Illinois 75% of any
15amounts of the proceeds or moneys remaining after the payment
16of such proper expenses, which money or proceeds shall
17thereafter be disposed of as prescribed by law, and the
18corruption prosecutor shall retain directly the final 25% of
19such proceeds or moneys for the general purposes of fulfilling
20the duties of his or her office, or for equitable sharing, as
21directed by the corruption prosecutor, among those corruption
22investigators participating in the corruption investigation,
23the prosecution thereof, and or any related remedial
24proceedings under this Article.
25    (h) With respect to property ordered forfeited under this
26Article, the court is authorized to: (1) grant petitions for

 

 

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1mitigation or remission of forfeiture, restore forfeited
2property to victims of a violation of this Article, or take any
3other action to protect the rights of innocent persons that is
4in the interest of justice and that is not inconsistent with
5the provisions of this Article; (2) compromise claims arising
6under this Article; (3) award compensation to persons providing
7information resulting in a forfeiture under this Article; (4)
8direct the disposition by public sale by the corruption
9prosecutor or his or her agent of all property ordered
10forfeited under this Article or direct any other commercially
11feasible means, making due provision for the rights of innocent
12persons; and (5) take appropriate measures necessary to
13safeguard and maintain property ordered forfeited under this
14Article pending its disposition.
15    (i) Except as provided herein, no party claiming an
16interest in property subject to forfeiture under this Article
17may: (1) intervene in any trial or appeal of a criminal case
18involving the forfeiture of such property under this Article;
19or (2) commence an action at law or equity against the State of
20Illinois, or against any corruption prosecutor or corruption
21investigator, concerning the actions taken under this Article
22or concerning the validity of an alleged interest in the
23property subsequent to the filing of an indictment or
24information alleging that the property is subject to forfeiture
25under this Article.
26    (j) In order to facilitate the identification or location

 

 

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1of property declared forfeited and to facilitate the
2disposition of petitions for remission or mitigation of
3forfeiture, after the entry of an order declaring property
4forfeited to the State of Illinois, the court may, upon
5application of the corruption prosecutor, order that the
6testimony of any witness relating to the property forfeited be
7taken by deposition and that any designated book, paper,
8document, record, recording, or other material not privileged
9be produced at the same time and place, in the same manner as
10provided for the taking of depositions in civil proceedings
11under the laws of the State of Illinois.
 
12    (720 ILCS 5/33G-7 new)
13    Sec. 33G-7. Severability. If any clause, sentence, Section
14or provision, or part of this Article or the application
15thereof to any person or circumstance shall be adjudged to be
16unconstitutional, the remainder of this Article or its
17application to any person or circumstances other than those to
18which it is held invalid shall not be affected thereby.
 
19    (720 ILCS 5/33G-8 new)
20    Sec. 33G-8. Construction. In interpreting the provisions
21of this Article, the court, because of their remedial purposes,
22shall construe them liberally. Nothing in this Article shall
23preclude the imposition of additional criminal penalties under
24any provision of Federal law, or the laws of the State of

 

 

HB3612- 25 -LRB097 08527 RLC 50735 b

1Illinois or Another State, or any other law, or the affording
2of any civil or administrative remedies in addition to those
3provided for in this Article. In addition, the court shall
4construe this Article in light of the provisions contained in
5Title IX of Public Law 91-452, 84 Stat. 922 (as amended in
6Title 18, United States Code, Section 1961-1968), wherever
7substantially similar language is used in such Title and this
8Article, but where such language indicates an intent to depart
9from such Title, the court shall interpret the language as
10herein provided.
 
11    (720 ILCS 5/33G-9 new)
12    Sec. 33G-9. Limitations. Under this Article,
13notwithstanding any other provision of law, but otherwise
14subject to the periods of exclusion from limitation as provided
15in Section 3-7 of this Code, the following limitations apply:
16    (a) Any action, proceeding, or prosecution brought by a
17corruption prosecutor under this Article must commence within 5
18years of one of the following dates, whichever is latest: (1)
19the date of the commission of the last occurrence of predicate
20activity in a pattern of such activity, in the form of an act,
21attempt, endeavor, or solicitation, underlying the alleged
22violation of this Article; or (2) in the case of an action,
23proceeding, or prosecution, based upon a conspiracy to violate
24this Article, the date that the last objective of the alleged
25conspiracy was accomplished, defeated or abandoned (whichever

 

 

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

 

 

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1alleged violation of this Article, including injury, cause,
2pattern, or identity of the violator or violators, was
3otherwise discovered in the exercise of good faith.
 
4    Section 10. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 108A-1, 108A-3, 108A-4, 108A-5,
6and 108B-3 as follows:
 
7    (725 ILCS 5/108A-1)  (from Ch. 38, par. 108A-1)
8    Sec. 108A-1. Authorization for use of eavesdropping
9device. The State's Attorney or an Assistant State's Attorney
10authorized by the State's Attorney may authorize an application
11to a circuit judge or an associate judge assigned by the Chief
12Judge of the circuit for, and such judge may grant in
13conformity with this Article, an order authorizing or approving
14the use of an eavesdropping device by a law enforcement officer
15or agency having the responsibility for the investigation of
16any felony under Illinois law where any one party to a
17conversation to be monitored, or previously monitored in the
18case of an emergency situation as defined in this Article, has
19consented to such monitoring.
20    The Chief Judge of the circuit may assign to associate
21judges the power to issue orders authorizing or approving the
22use of eavesdropping devices by law enforcement officers or
23agencies in accordance with this Article. After assignment by
24the Chief Judge, an associate judge shall have plenary

 

 

HB3612- 28 -LRB097 08527 RLC 50735 b

1authority to issue such orders without additional
2authorization for each specific application made to him by the
3State's Attorney until such time as the associate judge's power
4is rescinded by the Chief Judge. The Chief Judge of the
5circuit, or any circuit judge or an associate judge assigned by
6the Chief Judge, shall remain available on an expedited basis
7to review applications and issue orders authorizing or
8approving the use of eavesdropping devices in accordance with
9this Article during non-business hours.
10(Source: P.A. 92-413, eff. 8-17-01.)
 
11    (725 ILCS 5/108A-3)  (from Ch. 38, par. 108A-3)
12    Sec. 108A-3. Procedure for Obtaining Judicial Approval of
13Use of Eavesdropping Device.     (a) Where any one party to a
14conversation to occur in the future has consented to the use of
15an eavesdropping device to overhear or record the conversation,
16a judge may grant approval to an application to use an
17eavesdropping device pursuant to the provisions of this
18section.
19    Each application for an order authorizing or subsequently
20approving the use of an eavesdropping device shall be made in
21writing upon oath or affirmation to a circuit judge, or an
22associate judge assigned for such purpose pursuant to Section
23108A-1 of this Code, and shall state the applicant's authority
24to make such application. Each application shall include the
25following:

 

 

HB3612- 29 -LRB097 08527 RLC 50735 b

1    (1) the identity of the investigative or law enforcement
2officer making the application and the State's Attorney
3authorizing the application;
4    (2) a statement of the facts and circumstances relied upon
5by the applicant to justify his belief that an order should be
6issued including: (a) details as to the felony that has been,
7is being, or is about to be committed, or a brief statement of
8the nature of the felony investigation; (b) a description of
9the type of communication sought to be monitored; (c) the
10identity of the party to the expected conversation consenting
11to the use of an eavesdropping device; (d) the identity of the
12person, if known, whose conversations are to be overheard by
13the eavesdropping device;
14    (3) a statement of the period of time for which the use of
15the device is to be maintained or, if the nature of the
16investigation is such that the authorization for use of the
17device should not terminate automatically when the described
18type of communication is overheard or recorded, a description
19of facts establishing reasonable cause to believe that
20additional conversations of the same type will occur
21thereafter;
22    (4) a statement of the existence of all previous
23applications known to the individual making the application
24which have been made to any judge requesting permission to use
25an eavesdropping device involving the same persons in the
26present application, and the action taken by the judge on the

 

 

HB3612- 30 -LRB097 08527 RLC 50735 b

1previous applications. ;
2    (5) when the application is for an extension of an order, a
3statement setting forth the results so far obtained from the
4use of the eavesdropping device or an explanation of the
5failure to obtain such results.
6    (b) The judge may request the applicant to furnish
7additional testimony, witnesses, or evidence in support of the
8application.
9(Source: P.A. 86-391.)
 
10    (725 ILCS 5/108A-4)  (from Ch. 38, par. 108A-4)
11    Sec. 108A-4. Grounds for Approval or Authorization. The
12judge may authorize or approve the use of the eavesdropping
13device where it is found that:
14    (a) one party to the conversation has or will have
15consented to the use of the device;
16    (b) the use of the device is relevant to an ongoing felony
17investigation or otherwise facilitates the safety of any person
18conducting or assisting in such felony investigation; and there
19is reasonable cause for believing that an individual is
20committing, has committed, or is about to commit a felony under
21Illinois law;
22    (c) there is reasonable cause for believing that particular
23conversations concerning that felony offense will be obtained
24through such use; and
25    (c) (d) for any extension authorized, that further use of a

 

 

HB3612- 31 -LRB097 08527 RLC 50735 b

1device is warranted on similar grounds.
2(Source: P.A. 79-1159.)
 
3    (725 ILCS 5/108A-5)  (from Ch. 38, par. 108A-5)
4    Sec. 108A-5. Orders Authorizing Use of an Eavesdropping
5Device.
6    (a) Each order authorizing or approving the use of an
7eavesdropping device shall specify:
8        (1) the identity of the person who has consented to the
9    use of the device to monitor any of his conversations and a
10    requirement that any conversation overheard or received
11    must include this person;
12        (2) the identity of the other person or persons, if
13    known, who will participate in the conversation;
14        (3) the period of time in which the use of the device
15    is authorized, including a statement as to whether or not
16    the use shall automatically terminate when the described
17    conversations have been first obtained.
18    (b) No order entered under this section may authorize or
19approve the use of any eavesdropping device for any period
20longer than 30 days. An initial or a subsequent extension, in
21no case for more than 30 days each, of an order may be granted
22but only upon application made in accordance with Section
23108A-3 and where the court makes the findings required in
24Section 108A-4.
25(Source: P.A. 92-413, eff. 8-17-01.)
 

 

 

HB3612- 32 -LRB097 08527 RLC 50735 b

1    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
2    Sec. 108B-3. Authorization for the interception of private
3communication.
4    (a) The State's Attorney, or a person designated in writing
5or by law to act for him and to perform his duties during his
6absence or disability, may authorize, in writing, an ex parte
7application to the chief judge of a court of competent
8jurisdiction for an order authorizing the interception of a
9private communication when no party has consented to the
10interception and (i) the interception may provide evidence of,
11or may assist in the apprehension of a person who has
12committed, is committing or is about to commit, a violation of
13Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
14of murder for hire), 9-1 (first degree murder), 10-9
15(involuntary servitude, involuntary sexual servitude of a
16minor, or trafficking in persons for forced labor or services),
1711-15.1 (soliciting for a minor engaged in prostitution), 11-16
18(pandering), 11-17.1 (keeping a place of juvenile
19prostitution), 11-18.1 (patronizing a minor engaged in
20prostitution), 11-19.1 (juvenile pimping and aggravated
21juvenile pimping), or 29B-1 (money laundering) of the Criminal
22Code of 1961, Section 401, 401.1 (controlled substance
23trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
24the Illinois Controlled Substances Act or any Section of the
25Methamphetamine Control and Community Protection Act, a

 

 

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1violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
224-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
324-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
4Criminal Code of 1961, or an offense listed as predicate
5activity under subsection 33G-3(c), or conspiracy to commit
6money laundering or conspiracy to commit first degree murder;
7(ii) in response to a clear and present danger of imminent
8death or great bodily harm to persons resulting from: (1) a
9kidnapping or the holding of a hostage by force or the threat
10of the imminent use of force; or (2) the occupation by force or
11the threat of the imminent use of force of any premises, place,
12vehicle, vessel or aircraft; (iii) to aid an investigation or
13prosecution of a civil action brought under the Illinois
14Streetgang Terrorism Omnibus Prevention Act when there is
15probable cause to believe the interception of the private
16communication will provide evidence that a streetgang is
17committing, has committed, or will commit a second or
18subsequent gang-related offense or that the interception of the
19private communication will aid in the collection of a judgment
20entered under that Act; or (iv) upon information and belief
21that a streetgang has committed, is committing, or is about to
22commit a felony.
23    (b) The State's Attorney or a person designated in writing
24or by law to act for the State's Attorney and to perform his or
25her duties during his or her absence or disability, may
26authorize, in writing, an ex parte application to the chief

 

 

HB3612- 34 -LRB097 08527 RLC 50735 b

1judge of a circuit court for an order authorizing the
2interception of a private communication when no party has
3consented to the interception and the interception may provide
4evidence of, or may assist in the apprehension of a person who
5has committed, is committing or is about to commit, a violation
6of an offense under Article 29D of the Criminal Code of 1961.
7    (b-1) Subsection (b) is inoperative on and after January 1,
82005.
9    (b-2) No conversations recorded or monitored pursuant to
10subsection (b) shall be made inadmissible in a court of law by
11virtue of subsection (b-1).
12    (c) As used in this Section, "streetgang" and
13"gang-related" have the meanings ascribed to them in Section 10
14of the Illinois Streetgang Terrorism Omnibus Prevention Act.
15(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
1696-1464, eff. 8-20-10.)
 
17    Section 15. The Statewide Grand Jury Act is amended by
18changing Section 3 as follows:
 
19    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
20    Sec. 3. Written application for the appointment of a
21Circuit Judge to convene and preside over a Statewide Grand
22Jury, with jurisdiction extending throughout the State, shall
23be made to the Chief Justice of the Supreme Court. Upon such
24written application, the Chief Justice of the Supreme Court

 

 

HB3612- 35 -LRB097 08527 RLC 50735 b

1shall appoint a Circuit Judge from the circuit where the
2Statewide Grand Jury is being sought to be convened, who shall
3make a determination that the convening of a Statewide Grand
4Jury is necessary.
5    In such application the Attorney General shall state that
6the convening of a Statewide Grand Jury is necessary because of
7an alleged offense or offenses set forth in this Section
8involving more than one county of the State and identifying any
9such offense alleged; and
10        (a) that he or she believes that the grand jury
11    function for the investigation and indictment of the
12    offense or offenses cannot effectively be performed by a
13    county grand jury together with the reasons for such
14    belief, and
15          (b)(1) that each State's Attorney with jurisdiction
16        over an offense or offenses to be investigated has
17        consented to the impaneling of the Statewide Grand
18        Jury, or
19            (2) if one or more of the State's Attorneys having
20        jurisdiction over an offense or offenses to be
21        investigated fails to consent to the impaneling of the
22        Statewide Grand Jury, the Attorney General shall set
23        forth good cause for impaneling the Statewide Grand
24        Jury.
25    If the Circuit Judge determines that the convening of a
26Statewide Grand Jury is necessary, he or she shall convene and

 

 

HB3612- 36 -LRB097 08527 RLC 50735 b

1impanel the Statewide Grand Jury with jurisdiction extending
2throughout the State to investigate and return indictments:
3        (a) For violations of any of the following or for any
4    other criminal offense committed in the course of violating
5    any of the following: Article 29D of the Criminal Code of
6    1961, the Illinois Controlled Substances Act, the Cannabis
7    Control Act, the Methamphetamine Control and Community
8    Protection Act, the Narcotics Profit Forfeiture Act, or the
9    Cannabis and Controlled Substances Tax Act; a streetgang
10    related felony offense; Section 24-2.1, 24-2.2, 24-3,
11    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
12    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
13    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a
14    money laundering offense; or any violation of the
15    Corruption Influenced and Criminal Organizations Law;
16    provided that the violation or offense involves acts
17    occurring in more than one county of this State; and
18        (a-5) For violations facilitated by the use of a
19    computer, including the use of the Internet, the World Wide
20    Web, electronic mail, message board, newsgroup, or any
21    other commercial or noncommercial on-line service, of any
22    of the following offenses: indecent solicitation of a
23    child, sexual exploitation of a child, soliciting for a
24    juvenile prostitute, keeping a place of juvenile
25    prostitution, juvenile pimping, or child pornography; and
26        (b) For the offenses of perjury, subornation of

 

 

HB3612- 37 -LRB097 08527 RLC 50735 b

1    perjury, communicating with jurors and witnesses, and
2    harassment of jurors and witnesses, as they relate to
3    matters before the Statewide Grand Jury.
4    "Streetgang related" has the meaning ascribed to it in
5Section 10 of the Illinois Streetgang Terrorism Omnibus
6Prevention Act.
7    Upon written application by the Attorney General for the
8convening of an additional Statewide Grand Jury, the Chief
9Justice of the Supreme Court shall appoint a Circuit Judge from
10the circuit for which the additional Statewide Grand Jury is
11sought. The Circuit Judge shall determine the necessity for an
12additional Statewide Grand Jury in accordance with the
13provisions of this Section. No more than 2 Statewide Grand
14Juries may be empaneled at any time.
15(Source: P.A. 94-556, eff. 9-11-05.)

 

 

HB3612- 38 -LRB097 08527 RLC 50735 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-2 new
7    720 ILCS 5/33G-3 new
8    720 ILCS 5/33G-4 new
9    720 ILCS 5/33G-5 new
10    720 ILCS 5/33G-6 new
11    720 ILCS 5/33G-7 new
12    720 ILCS 5/33G-8 new
13    720 ILCS 5/33G-9 new
14    725 ILCS 5/108A-1from Ch. 38, par. 108A-1
15    725 ILCS 5/108A-3from Ch. 38, par. 108A-3
16    725 ILCS 5/108A-4from Ch. 38, par. 108A-4
17    725 ILCS 5/108A-5from Ch. 38, par. 108A-5
18    725 ILCS 5/108B-3from Ch. 38, par. 108B-3
19    725 ILCS 215/3from Ch. 38, par. 1703