Full Text of SB1901 102nd General Assembly
SB1901 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1901 Introduced 2/26/2021, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/33G-3 | | 725 ILCS 5/108B-3 | from Ch. 38, par. 108B-3 |
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Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government)), and legislative misconduct. Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court 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 an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law.
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| | | CORRECTIONAL BUDGET AND IMPACT 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 33G-3 as follows: | 6 | | (720 ILCS 5/33G-3) | 7 | | (Section scheduled to be repealed on June 11, 2022) | 8 | | Sec. 33G-3. Definitions. As used in this Article: | 9 | | (a) "Another state" means any State of the United States | 10 | | (other than the State of Illinois), or the District of | 11 | | Columbia, or the Commonwealth of Puerto Rico, or any territory | 12 | | or possession of the United States, or any political | 13 | | subdivision, or any department, agency, or instrumentality | 14 | | thereof. | 15 | | (b) "Enterprise" includes: | 16 | | (1) any partnership, corporation, association, | 17 | | business or charitable trust, or other legal entity; and | 18 | | (2) any group of individuals or other legal entities, | 19 | | or any combination thereof, associated in fact although | 20 | | not itself a legal entity. An association in fact must be | 21 | | held together by a common purpose of engaging in a course | 22 | | of conduct, and it may be associated together for purposes | 23 | | that are both legal and illegal. An association in fact |
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| 1 | | must: | 2 | | (A) have an ongoing organization or structure, | 3 | | either formal or informal; | 4 | | (B) the various members of the group must function | 5 | | as a continuing unit, even if the group changes | 6 | | membership by gaining or losing members over time; and | 7 | | (C) have an ascertainable structure distinct from | 8 | | that inherent in the conduct of a pattern of predicate | 9 | | activity. | 10 | | As used in this Article, "enterprise" includes licit and | 11 | | illicit enterprises. | 12 | | (c) "Labor organization" includes any organization, labor | 13 | | union, craft union, or any voluntary unincorporated | 14 | | association designed to further the cause of the rights of | 15 | | union labor that is constituted for the purpose, in whole or in | 16 | | part, of collective bargaining or of dealing with employers | 17 | | concerning grievances, terms or conditions of employment, or | 18 | | apprenticeships or applications for apprenticeships, or of | 19 | | other mutual aid or protection in connection with employment, | 20 | | including apprenticeships or applications for apprenticeships. | 21 | | (d) "Operation or management" means directing or carrying | 22 | | out the enterprise's affairs and is limited to any person who | 23 | | knowingly serves as a leader, organizer, operator, manager, | 24 | | director, supervisor, financier, advisor, recruiter, supplier, | 25 | | or enforcer of an enterprise in violation of this Article. | 26 | | (e) "Predicate activity" means any act that is a Class 2 |
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| 1 | | felony or higher and constitutes a violation or violations of | 2 | | any of the following provisions of the laws of the State of | 3 | | Illinois (as amended or revised as of the date the activity | 4 | | occurred or, in the instance of a continuing offense, the date | 5 | | that charges under this Article are filed in a particular | 6 | | matter in the State of Illinois) or any act under the law of | 7 | | another jurisdiction for an offense that could be charged as a | 8 | | Class 2 felony or higher in this State: | 9 | | (1) under the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 | 11 | | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | 12 | | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | 13 | | (aggravated unlawful restraint), 10-4 (forcible | 14 | | detention), 10-5(b)(10) (child abduction), 10-9 | 15 | | (trafficking in persons, involuntary servitude, and | 16 | | related offenses), 11-1.20 (criminal sexual assault), | 17 | | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | 18 | | (predatory criminal sexual assault of a child), 11-1.60 | 19 | | (aggravated criminal sexual abuse), 11-6 (indecent | 20 | | solicitation of a child), 11-6.5 (indecent solicitation of | 21 | | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | 22 | | prostitution), 11-14.4 (promoting juvenile prostitution), | 23 | | 11-18.1 (patronizing a minor engaged in prostitution; | 24 | | patronizing a juvenile prostitute), 12-3.05 (aggravated | 25 | | battery), 12-6.4 (criminal street gang recruitment), | 26 | | 12-6.5 (compelling organization membership of persons), |
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| 1 | | 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 | 2 | | (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or | 3 | | 18-6 (vehicular invasion), 18-1 (robbery; aggravated | 4 | | robbery), 18-2 (armed robbery), 18-3 (vehicular | 5 | | hijacking), 18-4 (aggravated vehicular hijacking), 18-5 | 6 | | (aggravated robbery), 19-1 (burglary), 19-3 (residential | 7 | | burglary), 20-1 (arson; residential arson; place of | 8 | | worship arson), 20-1.1 (aggravated arson), 20-1.2 | 9 | | (residential arson), 20-1.3 (place of worship arson), | 10 | | 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 | 11 | | (aggravated discharge of a machine gun or silencer | 12 | | equipped firearm), 24-1.8 (unlawful possession of a | 13 | | firearm by a street gang member), 24-3.2 (unlawful | 14 | | discharge of firearm projectiles), 24-3.9 (aggravated | 15 | | possession of a stolen firearm), 24-3A (gunrunning), 26-5 | 16 | | or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 | 17 | | (soliciting support for terrorism), 29D-15.1 (causing a | 18 | | catastrophe), 29D-15.2 (possession of a deadly substance), | 19 | | 29D-20 (making a terrorist threat), 29D-25 (falsely making | 20 | | a terrorist threat), 29D-29.9 (material support for | 21 | | terrorism), 29D-35 (hindering prosecution of terrorism), | 22 | | 31A-1.2 (unauthorized contraband in a penal institution), | 23 | | 33-1 (bribery), 33-3 (official misconduct), 33-3.1 | 24 | | (solicitation misconduct (State government)), 33-3.2 | 25 | | (solicitation misconduct (local government)), 33-8 | 26 | | (legislative misconduct), or 33A-3 (armed violence); |
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| 1 | | (2) under the Cannabis Control Act: Sections 5 | 2 | | (manufacture or delivery of cannabis), 5.1 (cannabis | 3 | | trafficking), or 8 (production or possession of cannabis | 4 | | plants), provided the offense either involves more than | 5 | | 500 grams of any substance containing cannabis or involves | 6 | | more than 50 cannabis sativa plants; | 7 | | (3) under the Illinois Controlled Substances Act: | 8 | | Sections 401 (manufacture or delivery of a controlled | 9 | | substance), 401.1 (controlled substance trafficking), 405 | 10 | | (calculated criminal drug conspiracy), or 405.2 (street | 11 | | gang criminal drug conspiracy); or | 12 | | (4) under the Methamphetamine Control and Community | 13 | | Protection Act: Sections 15 (methamphetamine | 14 | | manufacturing), or 55 (methamphetamine delivery). | 15 | | (f) "Pattern of predicate activity" means: | 16 | | (1) at least 3 occurrences of predicate activity that | 17 | | are in some way related to each other and that have | 18 | | continuity between them, and that are separate acts. Acts | 19 | | are related to each other if they are not isolated events, | 20 | | including if they have similar purposes, or results, or | 21 | | participants, or victims, or are committed a similar way, | 22 | | or have other similar distinguishing characteristics, or | 23 | | are part of the affairs of the same enterprise. There is | 24 | | continuity between acts if they are ongoing over a | 25 | | substantial period, or if they are part of the regular way | 26 | | some entity does business or conducts its affairs; and |
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| 1 | | (2) which occurs after the effective date of this | 2 | | Article, and the last of which falls within 3 years | 3 | | (excluding any period of imprisonment) after the first | 4 | | occurrence of predicate activity. | 5 | | (g) "Unlawful death" includes the following offenses: | 6 | | under the Code of 1961 or the Criminal Code of 2012: Sections | 7 | | 9-1 (first degree murder) or 9-2 (second degree murder).
| 8 | | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .) | 9 | | Section 10. The Code of Criminal Procedure of 1963 is | 10 | | amended by changing Section 108B-3 as follows: | 11 | | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | 12 | | Sec. 108B-3. Authorization for the interception of private
| 13 | | communication. | 14 | | (a) The State's Attorney, or a person
designated in | 15 | | writing or
by law to act for him and to perform his duties | 16 | | during his absence or
disability, may authorize, in writing, | 17 | | an ex parte application to the chief
judge of a court of | 18 | | competent jurisdiction for an order authorizing the
| 19 | | interception of a private communication when no
party has | 20 | | consented to
the interception and (i) the interception may | 21 | | provide evidence of, or may
assist in the apprehension of a | 22 | | person who has committed, is committing or
is about to commit, | 23 | | a violation of Section 8-1(b) (solicitation of murder),
8-1.2 | 24 | | (solicitation of murder for hire), 9-1 (first degree murder), |
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| 1 | | 10-9 (involuntary servitude, involuntary sexual servitude of a | 2 | | minor, or trafficking in persons), paragraph (1), (2), or (3) | 3 | | of subsection (a) of Section 11-14.4 (promoting juvenile | 4 | | prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section | 5 | | 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a | 6 | | minor engaged in prostitution), 11-16 (pandering), 11-17.1 | 7 | | (keeping a place of juvenile prostitution), 11-18.1 | 8 | | (patronizing a minor engaged in prostitution), 11-19.1 | 9 | | (juvenile pimping and aggravated juvenile pimping), or 29B-1
| 10 | | (money laundering) of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012,
Section 401, 401.1 (controlled | 12 | | substance
trafficking), 405, 405.1 (criminal drug conspiracy) | 13 | | or 407 of the Illinois
Controlled Substances Act or any | 14 | | Section of the Methamphetamine Control and Community | 15 | | Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
| 16 | | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 17 | | 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), | 18 | | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of | 19 | | 2012 , or an offense listed as predicate activity under | 20 | | subsection (e) of Section 33G-3 of the Criminal Code of 1961 or | 21 | | the Criminal Code of 2012,
or conspiracy to commit money | 22 | | laundering or
conspiracy to commit first degree murder; (ii)
| 23 | | in response to a clear and present danger of imminent death or | 24 | | great bodily
harm to persons resulting from: (1) a kidnapping | 25 | | or the holding of a
hostage by force or the threat of the | 26 | | imminent use of force; or (2) the
occupation by force or the |
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| 1 | | threat of the imminent use of force of any
premises, place, | 2 | | vehicle, vessel or aircraft; (iii) to aid an investigation
or | 3 | | prosecution of a civil action brought under the Illinois | 4 | | Streetgang
Terrorism Omnibus Prevention Act when there is | 5 | | probable cause to
believe the
interception of the private | 6 | | communication will
provide evidence that a
streetgang is | 7 | | committing, has committed, or will commit a second or | 8 | | subsequent
gang-related offense or that the interception of | 9 | | the private
communication
will aid in the collection of a | 10 | | judgment entered under that Act; or (iv)
upon
information and | 11 | | belief that a streetgang has committed, is committing, or is
| 12 | | about to commit a felony. | 13 | | (b) The State's Attorney or a person designated in writing | 14 | | or by law to
act for the State's Attorney and to perform his or | 15 | | her duties during his or her
absence or disability, may | 16 | | authorize, in writing, an ex parte application to
the chief | 17 | | judge of a circuit court for an order authorizing
the | 18 | | interception of a private communication when no
party has | 19 | | consented to the interception and the interception may provide
| 20 | | evidence of, or may assist in the apprehension of a person who | 21 | | has committed,
is committing or is about to commit, a | 22 | | violation of an offense under Article
29D of the Criminal Code | 23 | | of 1961 or the Criminal Code of 2012. | 24 | | (b-1) Subsection (b) is inoperative on and after January | 25 | | 1, 2005. | 26 | | (b-2) No conversations recorded or monitored pursuant to |
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| 1 | | subsection (b)
shall be made inadmissible in a court of law by | 2 | | virtue of subsection (b-1). | 3 | | (c) As used in this Section, "streetgang" and | 4 | | "gang-related" have the
meanings ascribed to them in Section | 5 | | 10 of the Illinois Streetgang Terrorism
Omnibus Prevention | 6 | | Act. | 7 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | 8 | | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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