Illinois General Assembly - Full Text of SB3636
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Full Text of SB3636  102nd General Assembly

SB3636 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3636

 

Introduced 1/19/2022, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Governmental Ethics Act. Provides limitations concerning lobbying by a member of the General Assembly or his or her spouse or any immediate family member living with that member of the General Assembly. Provides that no legislator may, during his or her term of office, negotiate for employment with a lobbying entity. Amends the State Officials and Employees Ethics Act. Provides a revolving door prohibition on former members of the General Assembly lobbying the General Assembly within a specified period of time. Amends the Election Code. Provides for candidate political committee restrictions and makes related requirements. Amends the Criminal Code of 2012. 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 under specified circumstances concerning activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Amends the Statewide Grand Jury Act. Expands the authority of a Statewide Grand Jury to investigate and indict offenses involving the corruption of a public official, to include theft, fraud, extortion, or a violation of the Official Misconduct and Public Contracts Article of the Criminal Code of 2012. Provides that venue for purposes of trial for any offense involving the corruption of a public official may be in any county in which any portion of the offense occurred. Makes conforming and other changes. Effective immediately.


LRB102 24900 RJF 34150 b

 

 

A BILL FOR

 

SB3636LRB102 24900 RJF 34150 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 2-101 and by adding Section 2-115 as
6follows:
 
7    (5 ILCS 420/2-101)  (from Ch. 127, par. 602-101)
8    Sec. 2-101. Government official lobbying.
9    (a) No member of the General Assembly, his or her spouse,
10or any immediate family member living with that member of the
11General Assembly may engage in lobbying if he or she accepts
12compensation specifically attributable to such lobbying, other
13than that provided by law for members of the General Assembly.
14Nothing in this Section prohibits a member of the General
15Assembly, his or her spouse, or any immediate family member
16living with that member of the General Assembly from lobbying
17without compensation or lobbying as part of his or her
18official duties as a member of the General Assembly. No
19legislator may engage in promoting or opposing in any manner
20the passage by the General Assembly of any legislative matter
21affecting the interests of any individual, association, or
22corporation as distinct from those of the people of the State
23as a whole, if he or she accepts compensation specifically

 

 

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1attributable to such lobbying, other than that provided by law
2for members of the General Assembly. Nothing in this Section
3prohibits a legislator from lobbying without compensation.
4    No legislator or executive branch constitutional officer
5shall engage in compensated lobbying of the governing body of
6a municipality, county, or township, or an official thereof,
7on behalf of any lobbyist or lobbying entity that is
8registered to lobby the General Assembly or the executive
9branch of the State of Illinois.
10    (b) No elected or appointed county executive or
11legislative official shall engage in compensated lobbying of
12the governing body of a county, municipality, township, the
13General Assembly, a State executive branch office or agency,
14or an official thereof, on behalf of any lobbyist or lobbying
15entity that is registered to lobby the county in which the
16official is elected or appointed.
17    (c) No elected or appointed municipal executive or
18legislative official shall engage in compensated lobbying of
19the governing body of a county, municipality, township, the
20General Assembly, a State executive branch office or agency,
21or an official thereof, on behalf of any lobbyist or lobbying
22entity that is registered to lobby the municipality in which
23the official is elected or appointed.
24    (d) No elected or appointed township executive or
25legislative official shall engage in compensated lobbying of
26the governing body of a county, municipality, township, the

 

 

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1General Assembly, a State executive branch office or agency,
2or an official thereof, on behalf of any lobbyist or lobbying
3entity that is registered to lobby the township in which the
4official is elected or appointed.
5    (e) No elected or appointed municipal executive or
6legislative official shall engage in compensated lobbying of
7the governing body of a county, municipality, or township, the
8General Assembly, a State executive branch office or agency,
9or an official thereof, on behalf of any lobbyist or lobbying
10entity if the person is an elected or appointed municipal
11executive or legislative official from a municipality exempted
12by the preemption provision of Section 11.2 of the Lobbyist
13Registration Act.
14    (f) A violation of this Section shall constitute a Class 3
15felony A misdemeanor.
16(Source: P.A. 102-664, eff. 1-1-22.)
 
17    (5 ILCS 420/2-115 new)
18    Sec. 2-115. Future employment with lobbying entity. No
19legislator may, during his or her term of office, negotiate
20for employment with a lobbying entity, as that term is defined
21in Section 2 of the Lobbyist Registration Act, if that
22lobbying entity engages in lobbying with members of the
23General Assembly during the legislator's term of office.
 
24    Section 10. The State Officials and Employees Ethics Act

 

 

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1is amended by changing Section 5-45 as follows:
 
2    (5 ILCS 430/5-45)
3    Sec. 5-45. Procurement; revolving door prohibition.
4    (a) No former officer, member, or State employee, or
5spouse or immediate family member living with such person,
6shall, within a period of one year immediately after
7termination of State employment, knowingly accept employment
8or receive compensation or fees for services from a person or
9entity if the officer, member, or State employee, during the
10year immediately preceding termination of State employment,
11participated personally and substantially in the award or
12fiscal administration of State contracts, or the issuance of
13State contract change orders, with a cumulative value of
14$25,000 or more to the person or entity, or its parent or
15subsidiary.
16    (a-5) No officer, member, or spouse or immediate family
17member living with such person shall, during the officer or
18member's term in office or within a period of 2 years
19immediately leaving office, hold an ownership interest, other
20than a passive interest in a publicly traded company, in any
21gaming license under the Illinois Gambling Act, the Video
22Gaming Act, the Illinois Horse Racing Act of 1975, or the
23Sports Wagering Act. Any member of the General Assembly or
24spouse or immediate family member living with such person who
25has an ownership interest, other than a passive interest in a

 

 

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1publicly traded company, in any gaming license under the
2Illinois Gambling Act, the Illinois Horse Racing Act of 1975,
3the Video Gaming Act, or the Sports Wagering Act at the time of
4the effective date of this amendatory Act of the 101st General
5Assembly shall divest himself or herself of such ownership
6within one year after the effective date of this amendatory
7Act of the 101st General Assembly. No State employee who works
8for the Illinois Gaming Board or Illinois Racing Board or
9spouse or immediate family member living with such person
10shall, during State employment or within a period of 2 years
11immediately after termination of State employment, hold an
12ownership interest, other than a passive interest in a
13publicly traded company, in any gaming license under the
14Illinois Gambling Act, the Video Gaming Act, the Illinois
15Horse Racing Act of 1975, or the Sports Wagering Act.
16    (a-10) This subsection (a-10) applies on and after June
1725, 2021. No officer, member, or spouse or immediate family
18member living with such person, shall, during the officer or
19member's term in office or within a period of 2 years
20immediately after leaving office, hold an ownership interest,
21other than a passive interest in a publicly traded company, in
22any cannabis business establishment which is licensed under
23the Cannabis Regulation and Tax Act. Any member of the General
24Assembly or spouse or immediate family member living with such
25person who has an ownership interest, other than a passive
26interest in a publicly traded company, in any cannabis

 

 

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1business establishment which is licensed under the Cannabis
2Regulation and Tax Act at the time of the effective date of
3this amendatory Act of the 101st General Assembly shall divest
4himself or herself of such ownership within one year after the
5effective date of this amendatory Act of the 101st General
6Assembly.
7    No State employee who works for any State agency that
8regulates cannabis business establishment license holders who
9participated personally and substantially in the award of
10licenses under the Cannabis Regulation and Tax Act or a spouse
11or immediate family member living with such person shall,
12during State employment or within a period of 2 years
13immediately after termination of State employment, hold an
14ownership interest, other than a passive interest in a
15publicly traded company, in any cannabis license under the
16Cannabis Regulation and Tax Act.
17    (b) No former officer of the executive branch or State
18employee of the executive branch with regulatory or licensing
19authority, or spouse or immediate family member living with
20such person, shall, within a period of one year immediately
21after termination of State employment, knowingly accept
22employment or receive compensation or fees for services from a
23person or entity if the officer or State employee, during the
24year immediately preceding termination of State employment,
25participated personally and substantially in making a
26regulatory or licensing decision that directly applied to the

 

 

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1person or entity, or its parent or subsidiary.
2    (b-5) Beginning January 1, 2022, no former officer of the
3executive branch shall engage in activities at the State level
4that require registration under the Lobbyist Registration Act
5during the term of which he or she was elected or appointed
6until 6 months after leaving office.
7    (b-7) Beginning the second Wednesday in January of 2023,
8no former member shall engage in activities at the State level
9that require registration under the Lobbyist Registration Act
10in a General Assembly of which he or she was a member until 12
116 months after leaving office.
12    (c) Within 6 months after the effective date of this
13amendatory Act of the 96th General Assembly, each executive
14branch constitutional officer and legislative leader, the
15Auditor General, and the Joint Committee on Legislative
16Support Services shall adopt a policy delineating which State
17positions under his or her jurisdiction and control, by the
18nature of their duties, may have the authority to participate
19personally and substantially in the award or fiscal
20administration of State contracts or in regulatory or
21licensing decisions. The Governor shall adopt such a policy
22for all State employees of the executive branch not under the
23jurisdiction and control of any other executive branch
24constitutional officer.
25    The policies required under subsection (c) of this Section
26shall be filed with the appropriate ethics commission

 

 

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1established under this Act or, for the Auditor General, with
2the Office of the Auditor General.
3    (d) Each Inspector General shall have the authority to
4determine that additional State positions under his or her
5jurisdiction, not otherwise subject to the policies required
6by subsection (c) of this Section, are nonetheless subject to
7the notification requirement of subsection (f) below due to
8their involvement in the award or fiscal administration of
9State contracts or in regulatory or licensing decisions.
10    (e) The Joint Committee on Legislative Support Services,
11the Auditor General, and each of the executive branch
12constitutional officers and legislative leaders subject to
13subsection (c) of this Section shall provide written
14notification to all employees in positions subject to the
15policies required by subsection (c) or a determination made
16under subsection (d): (1) upon hiring, promotion, or transfer
17into the relevant position; and (2) at the time the employee's
18duties are changed in such a way as to qualify that employee.
19An employee receiving notification must certify in writing
20that the person was advised of the prohibition and the
21requirement to notify the appropriate Inspector General in
22subsection (f).
23    (f) Any State employee in a position subject to the
24policies required by subsection (c) or to a determination
25under subsection (d), but who does not fall within the
26prohibition of subsection (h) below, who is offered non-State

 

 

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1employment during State employment or within a period of one
2year immediately after termination of State employment shall,
3prior to accepting such non-State employment, notify the
4appropriate Inspector General. Within 10 calendar days after
5receiving notification from an employee in a position subject
6to the policies required by subsection (c), such Inspector
7General shall make a determination as to whether the State
8employee is restricted from accepting such employment by
9subsection (a) or (b). In making a determination, in addition
10to any other relevant information, an Inspector General shall
11assess the effect of the prospective employment or
12relationship upon decisions referred to in subsections (a) and
13(b), based on the totality of the participation by the former
14officer, member, or State employee in those decisions. A
15determination by an Inspector General must be in writing,
16signed and dated by the Inspector General, and delivered to
17the subject of the determination within 10 calendar days or
18the person is deemed eligible for the employment opportunity.
19For purposes of this subsection, "appropriate Inspector
20General" means (i) for members and employees of the
21legislative branch, the Legislative Inspector General; (ii)
22for the Auditor General and employees of the Office of the
23Auditor General, the Inspector General provided for in Section
2430-5 of this Act; and (iii) for executive branch officers and
25employees, the Inspector General having jurisdiction over the
26officer or employee. Notice of any determination of an

 

 

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1Inspector General and of any such appeal shall be given to the
2ultimate jurisdictional authority, the Attorney General, and
3the Executive Ethics Commission.
4    (g) An Inspector General's determination regarding
5restrictions under subsection (a) or (b) may be appealed to
6the appropriate Ethics Commission by the person subject to the
7decision or the Attorney General no later than the 10th
8calendar day after the date of the determination.
9    On appeal, the Ethics Commission or Auditor General shall
10seek, accept, and consider written public comments regarding a
11determination. In deciding whether to uphold an Inspector
12General's determination, the appropriate Ethics Commission or
13Auditor General shall assess, in addition to any other
14relevant information, the effect of the prospective employment
15or relationship upon the decisions referred to in subsections
16(a) and (b), based on the totality of the participation by the
17former officer, member, or State employee in those decisions.
18The Ethics Commission shall decide whether to uphold an
19Inspector General's determination within 10 calendar days or
20the person is deemed eligible for the employment opportunity.
21    (h) The following officers, members, or State employees
22shall not, within a period of one year immediately after
23termination of office or State employment, knowingly accept
24employment or receive compensation or fees for services from a
25person or entity if the person or entity or its parent or
26subsidiary, during the year immediately preceding termination

 

 

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1of State employment, was a party to a State contract or
2contracts with a cumulative value of $25,000 or more involving
3the officer, member, or State employee's State agency, or was
4the subject of a regulatory or licensing decision involving
5the officer, member, or State employee's State agency,
6regardless of whether he or she participated personally and
7substantially in the award or fiscal administration of the
8State contract or contracts or the making of the regulatory or
9licensing decision in question:
10        (1) members or officers;
11        (2) members of a commission or board created by the
12    Illinois Constitution;
13        (3) persons whose appointment to office is subject to
14    the advice and consent of the Senate;
15        (4) the head of a department, commission, board,
16    division, bureau, authority, or other administrative unit
17    within the government of this State;
18        (5) chief procurement officers, State purchasing
19    officers, and their designees whose duties are directly
20    related to State procurement;
21        (6) chiefs of staff, deputy chiefs of staff, associate
22    chiefs of staff, assistant chiefs of staff, and deputy
23    governors, or any other position that holds an equivalent
24    level of managerial oversight;
25        (7) employees of the Illinois Racing Board; and
26        (8) employees of the Illinois Gaming Board.

 

 

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1    (i) For the purposes of this Section, with respect to
2officers or employees of a regional transit board, as defined
3in this Act, the phrase "person or entity" does not include:
4(i) the United States government, (ii) the State, (iii)
5municipalities, as defined under Article VII, Section 1 of the
6Illinois Constitution, (iv) units of local government, as
7defined under Article VII, Section 1 of the Illinois
8Constitution, or (v) school districts.
9(Source: P.A. 101-31, eff. 6-28-19; 101-593, eff. 12-4-19;
10102-664, eff. 1-1-22.)
 
11    Section 15. The Election Code is amended by changing
12Sections 9-3.5 and 9-8.5 as follows:
 
13    (10 ILCS 5/9-3.5)
14    Sec. 9-3.5. Candidate political committee restrictions.
15    (a) A person who is registered as a lobbyist under the
16Lobbyist Registration Act or who is nominated to a position
17that is subject to confirmation by the Senate shall not: (i)
18serve as an officer of a candidate political committee that is
19designated to support or oppose that person as a candidate; or
20(ii) be a candidate who is designated as the candidate to be
21supported by a candidate political committee. A person who is
22nominated to an affected office shall not: (i) serve as an
23officer of a candidate political committee that is designated
24to support or oppose that person as a candidate; or (ii) be a

 

 

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1candidate who is designated as the candidate to be supported
2by a candidate political committee.
3    (b) Within 30 days after registering as a lobbyist under
4the Lobbyist Registration Act or after confirmation by the
5Senate, the person shall: (i) dissolve the candidate political
6committee; (ii) resign as an officer of the candidate
7political committee; (iii) have his or her name removed as the
8candidate to be supported by the candidate political
9committee; or (iv) notify the Board of the person's intent to
10convert the candidate political committee to a limited
11activity candidate political committee. Within 30 days after
12appointment, the person shall: (i) dissolve the candidate
13political committee; (ii) resign as an officer of the
14candidate political committee; (iii) have his or her name
15removed as the candidate to be supported by the candidate
16political committee; or (iv) notify the Board of the person's
17intent to convert the candidate political committee to a
18limited activity candidate political committee.
19    (c) As used in this Section, "affected office" has the
20meaning provided in subsection (c) of Section 3A-50 of the
21Illinois Governmental Ethics Act.
22(Source: P.A. 102-664, eff. 1-1-22.)
 
23    (10 ILCS 5/9-8.5)
24    Sec. 9-8.5. Limitations on campaign contributions.
25    (a) It is unlawful for a political committee to accept

 

 

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1contributions except as provided in this Section.
2    (b) During an election cycle, a candidate political
3committee may not accept contributions with an aggregate value
4over the following: (i) $5,000 from any individual, (ii)
5$10,000 from any corporation, labor organization, or
6association, or (iii) $50,000 from a candidate political
7committee or political action committee. A candidate political
8committee may accept contributions in any amount from a
9political party committee except during an election cycle in
10which the candidate seeks nomination at a primary election.
11During an election cycle in which the candidate seeks
12nomination at a primary election, a candidate political
13committee may not accept contributions from political party
14committees with an aggregate value over the following: (i)
15$200,000 for a candidate political committee established to
16support a candidate seeking nomination to statewide office,
17(ii) $125,000 for a candidate political committee established
18to support a candidate seeking nomination to the Senate, the
19Supreme Court or Appellate Court in the First Judicial
20District, or an office elected by all voters in a county with
211,000,000 or more residents, (iii) $75,000 for a candidate
22political committee established to support a candidate seeking
23nomination to the House of Representatives, the Supreme Court
24or Appellate Court for a Judicial District other than the
25First Judicial District, an office elected by all voters of a
26county of fewer than 1,000,000 residents, and municipal and

 

 

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1county offices in Cook County other than those elected by all
2voters of Cook County, and (iv) $50,000 for a candidate
3political committee established to support the nomination of a
4candidate to any other office. A candidate political committee
5established to elect a candidate to the General Assembly may
6accept contributions from only one legislative caucus
7committee. A candidate political committee may not accept
8contributions from a ballot initiative committee or from an
9independent expenditure committee.
10    (b-5) Judicial elections.
11        (1) In addition to any other provision of this
12    Section, a candidate political committee established to
13    support a candidate seeking nomination to the Supreme
14    Court, Appellate Court, or Circuit Court may not:
15            (A) accept contributions from any entity that does
16        not disclose the identity of those who make
17        contributions to the entity, except for contributions
18        that are not required to be itemized by this Code; or
19            (B) accept contributions from any out-of-state
20        person, as defined in this Article.
21        (2) As used in this subsection, "contribution" has the
22    meaning provided in Section 9-1.4 and also includes the
23    following that are subject to the limits of this Section:
24            (A) expenditures made by any person in concert or
25        cooperation with, or at the request or suggestion of,
26        a candidate, his or her designated committee, or their

 

 

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1        agents; and
2            (B) the financing by any person of the
3        dissemination, distribution, or republication, in
4        whole or in part, of any broadcast or any written,
5        graphic, or other form of campaign materials prepared
6        by the candidate, his or her campaign committee, or
7        their designated agents.
8        (3) As to contributions to a candidate political
9    committee established to support a candidate seeking
10    nomination to the Supreme Court, Appellate Court, or
11    Circuit Court:
12            (A) No person shall make a contribution in the
13        name of another person or knowingly permit his or her
14        name to be used to effect such a contribution.
15            (B) No person shall knowingly accept a
16        contribution made by one person in the name of another
17        person.
18            (C) No person shall knowingly accept reimbursement
19        from another person for a contribution made in his or
20        her own name.
21            (D) No person shall make an anonymous
22        contribution.
23            (E) No person shall knowingly accept any anonymous
24        contribution.
25            (F) No person shall predicate (1) any benefit,
26        including, but not limited to, employment decisions,

 

 

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1        including hiring, promotions, bonus compensation, and
2        transfers, or (2) any other gift, transfer, or
3        emolument upon:
4                (i) the decision by the recipient of that
5            benefit to donate or not to donate to a candidate;
6            or
7                (ii) the amount of any such donation.
8        (4) No judicial candidate or political committee
9    established to support a candidate seeking nomination to
10    the Supreme Court, Appellate Court, or Circuit Court shall
11    knowingly accept any contribution or make any expenditure
12    in violation of the provisions of this Section. No officer
13    or employee of a political committee established to
14    support a candidate seeking nomination to the Supreme
15    Court, Appellate Court, or Circuit Court shall knowingly
16    accept a contribution made for the benefit or use of a
17    candidate or knowingly make any expenditure in support of
18    or opposition to a candidate or for electioneering
19    communications in relation to a candidate in violation of
20    any limitation designated for contributions and
21    expenditures under this Section.
22        (5) Where the provisions of this subsection (b-5)
23    conflict with any other provision of this Code, this
24    subsection (b-5) shall control.
25    (c) During an election cycle, a political party committee
26may not accept contributions with an aggregate value over the

 

 

SB3636- 18 -LRB102 24900 RJF 34150 b

1following: (i) $10,000 from any individual, (ii) $20,000 from
2any corporation, labor organization, or association, or (iii)
3$50,000 from a political action committee. A political party
4committee may accept contributions in any amount from another
5political party committee or a candidate political committee,
6except as provided in subsection (c-5). Nothing in this
7Section shall limit the amounts that may be transferred
8between a political party committee established under
9subsection (a) of Section 7-8 of this Code and an affiliated
10federal political committee established under the Federal
11Election Code by the same political party. A political party
12committee may not accept contributions from a ballot
13initiative committee or from an independent expenditure
14committee. A political party committee established by a
15legislative caucus may not accept contributions from another
16political party committee established by a legislative caucus.
17    (c-5) During the period beginning on the date candidates
18may begin circulating petitions for a primary election and
19ending on the day of the primary election, a political party
20committee may not accept contributions with an aggregate value
21over $50,000 from a candidate political committee or political
22party committee. A political party committee may accept
23contributions in any amount from a candidate political
24committee or political party committee if the political party
25committee receiving the contribution filed a statement of
26nonparticipation in the primary as provided in subsection

 

 

SB3636- 19 -LRB102 24900 RJF 34150 b

1(c-10). The Task Force on Campaign Finance Reform shall study
2and make recommendations on the provisions of this subsection
3to the Governor and General Assembly by September 30, 2012.
4This subsection becomes inoperative on July 1, 2013 and
5thereafter no longer applies.
6    (c-10) A political party committee that does not intend to
7make contributions to candidates to be nominated at a general
8primary election or consolidated primary election may file a
9Statement of Nonparticipation in a Primary Election with the
10Board. The Statement of Nonparticipation shall include a
11verification signed by the chairperson and treasurer of the
12committee that (i) the committee will not make contributions
13or coordinated expenditures in support of or opposition to a
14candidate or candidates to be nominated at the general primary
15election or consolidated primary election (select one) to be
16held on (insert date), (ii) the political party committee may
17accept unlimited contributions from candidate political
18committees and political party committees, provided that the
19political party committee does not make contributions to a
20candidate or candidates to be nominated at the primary
21election, and (iii) failure to abide by these requirements
22shall deem the political party committee in violation of this
23Article and subject the committee to a fine of no more than
24150% of the total contributions or coordinated expenditures
25made by the committee in violation of this Article. This
26subsection becomes inoperative on July 1, 2013 and thereafter

 

 

SB3636- 20 -LRB102 24900 RJF 34150 b

1no longer applies.
2    (d) During an election cycle, a political action committee
3may not accept contributions with an aggregate value over the
4following: (i) $10,000 from any individual, (ii) $20,000 from
5any corporation, labor organization, political party
6committee, or association, or (iii) $50,000 from a political
7action committee or candidate political committee. A political
8action committee may not accept contributions from a ballot
9initiative committee or from an independent expenditure
10committee.
11    (e) A ballot initiative committee may accept contributions
12in any amount from any source, provided that the committee
13files the document required by Section 9-3 of this Article and
14files the disclosure reports required by the provisions of
15this Article.
16    (e-5) An independent expenditure committee may accept
17contributions in any amount from any source, provided that the
18committee files the document required by Section 9-3 of this
19Article and files the disclosure reports required by the
20provisions of this Article.
21    (e-10) A limited activity committee shall not accept
22contributions, except that the officer or a candidate the
23committee has designated to support may contribute personal
24funds in order to pay for maintenance expenses. A limited
25activity committee may only make expenditures that are: (i)
26necessary for maintenance of the committee; (ii) for rent or

 

 

SB3636- 21 -LRB102 24900 RJF 34150 b

1lease payments until the end of the lease in effect at the time
2the officer or candidate is confirmed by the Senate or
3registered as a lobbyist under the Lobbyist Registration Act;
4(iii) contributions to 501(c)(3) charities; or (iv) returning
5contributions to original contributors.
6    (f) Nothing in this Section shall prohibit a political
7committee from dividing the proceeds of joint fundraising
8efforts; provided that no political committee may receive more
9than the limit from any one contributor, and provided that an
10independent expenditure committee may not conduct joint
11fundraising efforts with a candidate political committee or a
12political party committee.
13    (g) On January 1 of each odd-numbered year, the State
14Board of Elections shall adjust the amounts of the
15contribution limitations established in this Section for
16inflation as determined by the Consumer Price Index for All
17Urban Consumers as issued by the United States Department of
18Labor and rounded to the nearest $100. The State Board shall
19publish this information on its official website.
20    (h) Self-funding candidates. If a public official, a
21candidate, or the public official's or candidate's immediate
22family contributes or loans to the public official's or
23candidate's political committee or to other political
24committees that transfer funds to the public official's or
25candidate's political committee or makes independent
26expenditures for the benefit of the public official's or

 

 

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1candidate's campaign during the 12 months prior to an election
2in an aggregate amount of more than (i) $250,000 for statewide
3office or (ii) $100,000 for all other elective offices, then
4the public official or candidate shall file with the State
5Board of Elections, within one day, a Notification of
6Self-funding that shall detail each contribution or loan made
7by the public official, the candidate, or the public
8official's or candidate's immediate family. Within 2 business
9days after the filing of a Notification of Self-funding, the
10notification shall be posted on the Board's website and the
11Board shall give official notice of the filing to each
12candidate for the same office as the public official or
13candidate making the filing, including the public official or
14candidate filing the Notification of Self-funding. Notice
15shall be sent via first class mail to the candidate and the
16treasurer of the candidate's committee. Notice shall also be
17sent by e-mail to the candidate and the treasurer of the
18candidate's committee if the candidate and the treasurer, as
19applicable, have provided the Board with an e-mail address.
20Upon posting of the notice on the Board's website, all
21candidates for that office, including the public official or
22candidate who filed a Notification of Self-funding, shall be
23permitted to accept contributions in excess of any
24contribution limits imposed by subsection (b). If a public
25official or candidate filed a Notification of Self-funding
26during an election cycle that includes a general primary

 

 

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1election or consolidated primary election and that public
2official or candidate is nominated, all candidates for that
3office, including the nominee who filed the notification of
4self-funding, shall be permitted to accept contributions in
5excess of any contribution limit imposed by subsection (b) for
6the subsequent election cycle. For the purposes of this
7subsection, "immediate family" means the spouse, parent, or
8child of a public official or candidate.
9    (h-5) If a natural person or independent expenditure
10committee makes independent expenditures in support of or in
11opposition to the campaign of a particular public official or
12candidate in an aggregate amount of more than (i) $250,000 for
13statewide office or (ii) $100,000 for all other elective
14offices in an election cycle, as reported in a written
15disclosure filed under subsection (a) of Section 9-8.6 or
16subsection (e-5) of Section 9-10, then the State Board of
17Elections shall, within 2 business days after the filing of
18the disclosure, post the disclosure on the Board's website and
19give official notice of the disclosure to each candidate for
20the same office as the public official or candidate for whose
21benefit or detriment the natural person or independent
22expenditure committee made independent expenditures. Upon
23posting of the notice on the Board's website, all candidates
24for that office in that election, including the public
25official or candidate for whose benefit or detriment the
26natural person or independent expenditure committee made

 

 

SB3636- 24 -LRB102 24900 RJF 34150 b

1independent expenditures, shall be permitted to accept
2contributions in excess of any contribution limits imposed by
3subsection (b).
4    (h-10) If the State Board of Elections receives
5notification or determines that a natural person or persons,
6an independent expenditure committee or committees, or
7combination thereof has made independent expenditures in
8support of or in opposition to the campaign of a particular
9public official or candidate in an aggregate amount of more
10than (i) $250,000 for statewide office or (ii) $100,000 for
11all other elective offices in an election cycle, then the
12Board shall, within 2 business days after discovering the
13independent expenditures that, in the aggregate, exceed the
14threshold set forth in (i) and (ii) of this subsection, post
15notice of this fact on the Board's website and give official
16notice to each candidate for the same office as the public
17official or candidate for whose benefit or detriment the
18independent expenditures were made. Notice shall be sent via
19first class mail to the candidate and the treasurer of the
20candidate's committee. Notice shall also be sent by e-mail to
21the candidate and the treasurer of the candidate's committee
22if the candidate and the treasurer, as applicable, have
23provided the Board with an e-mail address. Upon posting of the
24notice on the Board's website, all candidates of that office
25in that election, including the public official or candidate
26for whose benefit or detriment the independent expenditures

 

 

SB3636- 25 -LRB102 24900 RJF 34150 b

1were made, may accept contributions in excess of any
2contribution limits imposed by subsection (b).
3    (i) For the purposes of this Section, a corporation, labor
4organization, association, or a political action committee
5established by a corporation, labor organization, or
6association may act as a conduit in facilitating the delivery
7to a political action committee of contributions made through
8dues, levies, or similar assessments and the political action
9committee may report the contributions in the aggregate,
10provided that: (i) contributions made through dues, levies, or
11similar assessments paid by any natural person, corporation,
12labor organization, or association in a calendar year may not
13exceed the limits set forth in this Section; (ii) the
14corporation, labor organization, association, or a political
15action committee established by a corporation, labor
16organization, or association facilitating the delivery of
17contributions maintains a list of natural persons,
18corporations, labor organizations, and associations that paid
19the dues, levies, or similar assessments from which the
20contributions comprising the aggregate amount derive; and
21(iii) contributions made through dues, levies, or similar
22assessments paid by any natural person, corporation, labor
23organization, or association that exceed $1,000 in a quarterly
24reporting period shall be itemized on the committee's
25quarterly report and may not be reported in the aggregate. A
26political action committee facilitating the delivery of

 

 

SB3636- 26 -LRB102 24900 RJF 34150 b

1contributions or receiving contributions shall disclose the
2amount of contributions made through dues delivered or
3received and the name of the corporation, labor organization,
4association, or political action committee delivering the
5contributions, if applicable. On January 1 of each
6odd-numbered year, the State Board of Elections shall adjust
7the amounts of the contribution limitations established in
8this subsection for inflation as determined by the Consumer
9Price Index for All Urban Consumers as issued by the United
10States Department of Labor and rounded to the nearest $100.
11The State Board shall publish this information on its official
12website.
13    (j) A political committee that receives a contribution or
14transfer in violation of this Section shall dispose of the
15contribution or transfer by returning the contribution or
16transfer, or an amount equal to the contribution or transfer,
17to the contributor or transferor or donating the contribution
18or transfer, or an amount equal to the contribution or
19transfer, to a charity. A contribution or transfer received in
20violation of this Section that is not disposed of as provided
21in this subsection within 30 days after the Board sends
22notification to the political committee of the excess
23contribution by certified mail shall escheat to the General
24Revenue Fund and the political committee shall be deemed in
25violation of this Section and subject to a civil penalty not to
26exceed 150% of the total amount of the contribution.

 

 

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1    (k) For the purposes of this Section, "statewide office"
2means the Governor, Lieutenant Governor, Attorney General,
3Secretary of State, Comptroller, and Treasurer.
4    (l) This Section is repealed if and when the United States
5Supreme Court invalidates contribution limits on committees
6formed to assist candidates, political parties, corporations,
7associations, or labor organizations established by or
8pursuant to federal law.
9(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21.)
 
10    Section 20. The Lobbyist Registration Act is amended by
11adding Section 11.4 as follows:
 
12    (25 ILCS 170/11.4 new)
13    Sec. 11.4. Political activity. No person registered under
14this Act shall: (1) serve as an officer of a political
15committee; or (2) be a candidate who is designated as the
16candidate to be supported by a candidate political committee.
17A person registered under this Act who is either an officer of
18a political committee or a candidate who is designated as the
19candidate to be supported by a candidate political committee
20shall: (i) resign as an officer of the candidate political
21committee; (ii) have his or her name removed as the candidate
22to be supported by a candidate political committee within 30
23days after confirmation by the Senate; (iii) notify the State
24Board of Elections of the person's intent to convert the

 

 

SB3636- 28 -LRB102 24900 RJF 34150 b

1candidate political committee to a limited activity committee
2pursuant to Section 9-1.8 of the Election Code within 30 days
3after registering under this Act and complete the transition
4to a limited activity committee within 60 days after
5registration; or (iv) dissolve the candidate political
6committee. A person registered under this Act who is in
7violation of this Section on the effective date of this
8amendatory Act of the 102nd General Assembly must come into
9compliance within 30 days after the effective date of this
10amendatory Act of the 102nd General Assembly. As used in this
11Section, "political committee" has the meaning given to that
12term in Section 9-1.8 of the Election Code in which the person
13registered under this Act is designated as the candidate to be
14supported by the candidate political committee under Section
159-2 of the Code.
 
16    Section 25. The Criminal Code of 2012 is amended by
17changing Section 33G-3 as follows:
 
18    (720 ILCS 5/33G-3)
19    (Section scheduled to be repealed on June 11, 2022)
20    Sec. 33G-3. Definitions. As used in this Article:
21    (a) "Another state" means any State of the United States
22(other than the State of Illinois), or the District of
23Columbia, or the Commonwealth of Puerto Rico, or any territory
24or possession of the United States, or any political

 

 

SB3636- 29 -LRB102 24900 RJF 34150 b

1subdivision, or any department, agency, or instrumentality
2thereof.
3    (b) "Enterprise" includes:
4        (1) any partnership, corporation, association,
5    business or charitable trust, or other legal entity; and
6        (2) any group of individuals or other legal entities,
7    or any combination thereof, associated in fact although
8    not itself a legal entity. An association in fact must be
9    held together by a common purpose of engaging in a course
10    of conduct, and it may be associated together for purposes
11    that are both legal and illegal. An association in fact
12    must:
13            (A) have an ongoing organization or structure,
14        either formal or informal;
15            (B) the various members of the group must function
16        as a continuing unit, even if the group changes
17        membership by gaining or losing members over time; and
18            (C) have an ascertainable structure distinct from
19        that inherent in the conduct of a pattern of predicate
20        activity.
21    As used in this Article, "enterprise" includes licit and
22illicit enterprises.
23    (c) "Labor organization" includes any organization, labor
24union, craft union, or any voluntary unincorporated
25association designed to further the cause of the rights of
26union labor that is constituted for the purpose, in whole or in

 

 

SB3636- 30 -LRB102 24900 RJF 34150 b

1part, of collective bargaining or of dealing with employers
2concerning grievances, terms or conditions of employment, or
3apprenticeships or applications for apprenticeships, or of
4other mutual aid or protection in connection with employment,
5including apprenticeships or applications for apprenticeships.
6    (d) "Operation or management" means directing or carrying
7out the enterprise's affairs and is limited to any person who
8knowingly serves as a leader, organizer, operator, manager,
9director, supervisor, financier, advisor, recruiter, supplier,
10or enforcer of an enterprise in violation of this Article.
11    (e) "Predicate activity" means any act that is a Class 2
12felony or higher and constitutes a violation or violations of
13any of the following provisions of the laws of the State of
14Illinois (as amended or revised as of the date the activity
15occurred or, in the instance of a continuing offense, the date
16that charges under this Article are filed in a particular
17matter in the State of Illinois) or any act under the law of
18another jurisdiction for an offense that could be charged as a
19Class 2 felony or higher in this State:
20        (1) under the Criminal Code of 1961 or the Criminal
21    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
22    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
23    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
24    (aggravated unlawful restraint), 10-4 (forcible
25    detention), 10-5(b)(10) (child abduction), 10-9
26    (trafficking in persons, involuntary servitude, and

 

 

SB3636- 31 -LRB102 24900 RJF 34150 b

1    related offenses), 11-1.20 (criminal sexual assault),
2    11-1.30 (aggravated criminal sexual assault), 11-1.40
3    (predatory criminal sexual assault of a child), 11-1.60
4    (aggravated criminal sexual abuse), 11-6 (indecent
5    solicitation of a child), 11-6.5 (indecent solicitation of
6    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
7    prostitution), 11-14.4 (promoting juvenile prostitution),
8    11-18.1 (patronizing a minor engaged in prostitution;
9    patronizing a juvenile prostitute), 12-3.05 (aggravated
10    battery), 12-6.4 (criminal street gang recruitment),
11    12-6.5 (compelling organization membership of persons),
12    12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5
13    (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
14    18-6 (vehicular invasion), 18-1 (robbery; aggravated
15    robbery), 18-2 (armed robbery), 18-3 (vehicular
16    hijacking), 18-4 (aggravated vehicular hijacking), 18-5
17    (aggravated robbery), 19-1 (burglary), 19-3 (residential
18    burglary), 20-1 (arson; residential arson; place of
19    worship arson), 20-1.1 (aggravated arson), 20-1.2
20    (residential arson), 20-1.3 (place of worship arson),
21    24-1.2 (aggravated discharge of a firearm), 24-1.2-5
22    (aggravated discharge of a machine gun or silencer
23    equipped firearm), 24-1.8 (unlawful possession of a
24    firearm by a street gang member), 24-3.2 (unlawful
25    discharge of firearm projectiles), 24-3.9 (aggravated
26    possession of a stolen firearm), 24-3A (gunrunning), 26-5

 

 

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1    or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
2    (soliciting support for terrorism), 29D-15.1 (causing a
3    catastrophe), 29D-15.2 (possession of a deadly substance),
4    29D-20 (making a terrorist threat), 29D-25 (falsely making
5    a terrorist threat), 29D-29.9 (material support for
6    terrorism), 29D-35 (hindering prosecution of terrorism),
7    31A-1.2 (unauthorized contraband in a penal institution),
8    33-1 (bribery), 33-3 (official misconduct), 33-3.1
9    (solicitation misconduct (State government)), 33-3.2
10    (solicitation misconduct (local government)), 33-8
11    (legislative misconduct), or 33A-3 (armed violence);
12        (2) under the Cannabis Control Act: Sections 5
13    (manufacture or delivery of cannabis), 5.1 (cannabis
14    trafficking), or 8 (production or possession of cannabis
15    plants), provided the offense either involves more than
16    500 grams of any substance containing cannabis or involves
17    more than 50 cannabis sativa plants;
18        (3) under the Illinois Controlled Substances Act:
19    Sections 401 (manufacture or delivery of a controlled
20    substance), 401.1 (controlled substance trafficking), 405
21    (calculated criminal drug conspiracy), or 405.2 (street
22    gang criminal drug conspiracy); or
23        (4) under the Methamphetamine Control and Community
24    Protection Act: Sections 15 (methamphetamine
25    manufacturing), or 55 (methamphetamine delivery).
26    (f) "Pattern of predicate activity" means:

 

 

SB3636- 33 -LRB102 24900 RJF 34150 b

1        (1) at least 3 occurrences of predicate activity that
2    are in some way related to each other and that have
3    continuity between them, and that are separate acts. Acts
4    are related to each other if they are not isolated events,
5    including if they have similar purposes, or results, or
6    participants, or victims, or are committed a similar way,
7    or have other similar distinguishing characteristics, or
8    are part of the affairs of the same enterprise. There is
9    continuity between acts if they are ongoing over a
10    substantial period, or if they are part of the regular way
11    some entity does business or conducts its affairs; and
12        (2) which occurs after the effective date of this
13    Article, and the last of which falls within 3 years
14    (excluding any period of imprisonment) after the first
15    occurrence of predicate activity.
16    (g) "Unlawful death" includes the following offenses:
17under the Code of 1961 or the Criminal Code of 2012: Sections
189-1 (first degree murder) or 9-2 (second degree murder).
19(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
20    Section 30. The Code of Criminal Procedure of 1963 is
21amended by changing Section 108B-3 as follows:
 
22    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
23    Sec. 108B-3. Authorization for the interception of private
24communication.

 

 

SB3636- 34 -LRB102 24900 RJF 34150 b

1    (a) The State's Attorney, or a person designated in
2writing or by law to act for him and to perform his duties
3during his absence or disability, may authorize, in writing,
4an ex parte application to the chief judge of a court of
5competent jurisdiction for an order authorizing the
6interception of a private communication when no party has
7consented to the interception and (i) the interception may
8provide evidence of, or may assist in the apprehension of a
9person who has committed, is committing or is about to commit,
10a violation of Section 8-1(b) (solicitation of murder), 8-1.2
11(solicitation of murder for hire), 9-1 (first degree murder),
1210-9 (involuntary servitude, involuntary sexual servitude of a
13minor, or trafficking in persons), paragraph (1), (2), or (3)
14of subsection (a) of Section 11-14.4 (promoting juvenile
15prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
1611-14.3 (promoting prostitution), 11-15.1 (soliciting for a
17minor engaged in prostitution), 11-16 (pandering), 11-17.1
18(keeping a place of juvenile prostitution), 11-18.1
19(patronizing a minor engaged in prostitution), 11-19.1
20(juvenile pimping and aggravated juvenile pimping), or 29B-1
21(money laundering) of the Criminal Code of 1961 or the
22Criminal Code of 2012, Section 401, 401.1 (controlled
23substance trafficking), 405, 405.1 (criminal drug conspiracy)
24or 407 of the Illinois Controlled Substances Act or any
25Section of the Methamphetamine Control and Community
26Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,

 

 

SB3636- 35 -LRB102 24900 RJF 34150 b

124-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
224-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
3or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
42012, or an offense listed as predicate activity under
5subsection (e) of Section 33G-3 of the Criminal Code of 1961 or
6the Criminal Code of 2012, or conspiracy to commit money
7laundering or conspiracy to commit first degree murder; (ii)
8in response to a clear and present danger of imminent death or
9great bodily harm to persons resulting from: (1) a kidnapping
10or the holding of a hostage by force or the threat of the
11imminent use of force; or (2) the occupation by force or the
12threat of the imminent use of force of any premises, place,
13vehicle, vessel or aircraft; (iii) to aid an investigation or
14prosecution of a civil action brought under the Illinois
15Streetgang Terrorism Omnibus Prevention Act when there is
16probable cause to believe the interception of the private
17communication will provide evidence that a streetgang is
18committing, has committed, or will commit a second or
19subsequent gang-related offense or that the interception of
20the private communication will aid in the collection of a
21judgment entered under that Act; or (iv) upon information and
22belief that a streetgang has committed, is committing, or is
23about to commit a felony.
24    (b) The State's Attorney or a person designated in writing
25or by law to act for the State's Attorney and to perform his or
26her duties during his or her absence or disability, may

 

 

SB3636- 36 -LRB102 24900 RJF 34150 b

1authorize, in writing, an ex parte application to the chief
2judge of a circuit court for an order authorizing the
3interception of a private communication when no party has
4consented to the interception and the interception may provide
5evidence of, or may assist in the apprehension of a person who
6has committed, is committing or is about to commit, a
7violation of an offense under Article 29D of the Criminal Code
8of 1961 or the Criminal Code of 2012.
9    (b-1) Subsection (b) is inoperative on and after January
101, 2005.
11    (b-2) No conversations recorded or monitored pursuant to
12subsection (b) shall be made inadmissible in a court of law by
13virtue of subsection (b-1).
14    (c) As used in this Section, "streetgang" and
15"gang-related" have the meanings ascribed to them in Section
1610 of the Illinois Streetgang Terrorism Omnibus Prevention
17Act.
18(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
1997-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
20    Section 35. The Statewide Grand Jury Act is amended by
21changing Sections 2, 3, and 4 as follows:
 
22    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
23    Sec. 2. (a) County grand juries and State's Attorneys have
24always had and shall continue to have primary responsibility

 

 

SB3636- 37 -LRB102 24900 RJF 34150 b

1for investigating, indicting, and prosecuting persons who
2violate the criminal laws of the State of Illinois. However,
3in recent years organized terrorist activity directed against
4innocent civilians, and certain criminal enterprises, and
5public corruption have developed that require investigation,
6indictment, and prosecution on a statewide or multicounty
7level. The criminal enterprises exist as a result of the
8allure of profitability present in narcotic activity, public
9corruption, the unlawful sale and transfer of firearms, and
10streetgang related felonies and organized terrorist activity
11is supported by the contribution of money and expert
12assistance from geographically diverse sources. In order to
13shut off the life blood of terrorism and weaken or eliminate
14the criminal enterprises, assets, and property used to further
15these offenses must be frozen, and any profit must be removed.
16State statutes exist that can accomplish that goal. Among them
17are the offense of money laundering, violations of Articles
18Article 29D, 33, and 33E of the Criminal Code of 1961 or the
19Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
20and gunrunning. Local prosecutors need investigative personnel
21and specialized training to attack and eliminate these
22profits. In light of the transitory and complex nature of
23conduct that constitutes these criminal activities, the many
24diverse property interests that may be used, acquired directly
25or indirectly as a result of these criminal activities, and
26the many places that illegally obtained property may be

 

 

SB3636- 38 -LRB102 24900 RJF 34150 b

1located, it is the purpose of this Act to create a limited,
2multicounty Statewide Grand Jury with authority to
3investigate, indict, and prosecute: narcotic activity,
4including cannabis and controlled substance trafficking,
5narcotics racketeering, money laundering, violations of the
6Cannabis and Controlled Substances Tax Act, and violations of
7Articles Article 29D, 33, and 33E of the Criminal Code of 1961
8or the Criminal Code of 2012; public corruption crimes; the
9unlawful sale and transfer of firearms; gunrunning; and
10streetgang related felonies.
11    (b) A Statewide Grand Jury may also investigate, indict,
12and prosecute violations facilitated by the use of a computer
13of any of the following offenses: indecent solicitation of a
14child, sexual exploitation of a child, soliciting for a
15juvenile prostitute, keeping a place of juvenile prostitution,
16juvenile pimping, child pornography, aggravated child
17pornography, or promoting juvenile prostitution except as
18described in subdivision (a)(4) of Section 11-14.4 of the
19Criminal Code of 1961 or the Criminal Code of 2012.
20(Source: P.A. 101-593, eff. 12-4-19.)
 
21    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
22    Sec. 3. Written application for the appointment of a
23Circuit Judge to convene and preside over a Statewide Grand
24Jury, with jurisdiction extending throughout the State, shall
25be made to the Chief Justice of the Supreme Court. Upon such

 

 

SB3636- 39 -LRB102 24900 RJF 34150 b

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

 

 

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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
5    violating any of the following: Article 29D of the
6    Criminal Code of 1961 or the Criminal Code of 2012, the
7    Illinois Controlled Substances Act, the Cannabis Control
8    Act, the Methamphetamine Control and Community Protection
9    Act, or the Narcotics Profit Forfeiture 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
14    the Criminal Code of 2012; or a money laundering offense;
15    provided that the violation or offense involves acts
16    occurring in more than one county of this State; and
17        (a-5) For violations facilitated by the use of a
18    computer, including the use of the Internet, the World
19    Wide Web, electronic mail, message board, newsgroup, or
20    any other commercial or noncommercial on-line service, of
21    any of the following offenses: indecent solicitation of a
22    child, sexual exploitation of a child, soliciting for a
23    juvenile prostitute, keeping a place of juvenile
24    prostitution, juvenile pimping, child pornography,
25    aggravated child pornography, or promoting juvenile
26    prostitution except as described in subdivision (a)(4) of

 

 

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1    Section 11-14.4 of the Criminal Code of 1961 or the
2    Criminal Code of 2012; and
3        (a-6) For violations of offenses involving the
4    corruption of a public official, including theft, fraud,
5    extortion or a violation of Article 33 or 33E of the
6    Criminal Code of 1961 or the Criminal Code of 2012; and
7        (b) For the offenses of perjury, subornation of
8    perjury, communicating with jurors and witnesses, and
9    harassment of jurors and witnesses, as they relate to
10    matters before the Statewide Grand Jury.
11    "Streetgang related" has the meaning ascribed to it in
12Section 10 of the Illinois Streetgang Terrorism Omnibus
13Prevention Act.
14    Upon written application by the Attorney General for the
15convening of an additional Statewide Grand Jury, the Chief
16Justice of the Supreme Court shall appoint a Circuit Judge
17from the circuit for which the additional Statewide Grand Jury
18is sought. The Circuit Judge shall determine the necessity for
19an additional Statewide Grand Jury in accordance with the
20provisions of this Section. No more than 2 Statewide Grand
21Juries may be empaneled at any time.
22(Source: P.A. 101-593, eff. 12-4-19.)
 
23    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
24    Sec. 4. (a) The presiding judge of the Statewide Grand
25Jury will receive recommendations from the Attorney General as

 

 

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1to the county in which the Grand Jury will sit. Prior to making
2the recommendations, the Attorney General shall obtain the
3permission of the local State's Attorney to use his or her
4county for the site of the Statewide Grand Jury. Upon
5receiving the Attorney General's recommendations, the
6presiding judge will choose one of those recommended locations
7as the site where the Grand Jury shall sit.
8    Any indictment by a Statewide Grand Jury shall be returned
9to the Circuit Judge presiding over the Statewide Grand Jury
10and shall include a finding as to the county or counties in
11which the alleged offense was committed. Thereupon, the judge
12shall, by order, designate the county of venue for the purpose
13of trial. The judge may also, by order, direct the
14consolidation of an indictment returned by a county grand jury
15with an indictment returned by the Statewide Grand Jury and
16set venue for trial.
17    (b) Venue for purposes of trial for the offense of
18narcotics racketeering shall be proper in any county where:
19        (1) Cannabis or a controlled substance which is the
20    basis for the charge of narcotics racketeering was used;
21    acquired; transferred or distributed to, from or through;
22    or any county where any act was performed to further the
23    use; acquisition, transfer or distribution of said
24    cannabis or controlled substance; or
25        (2) Any money, property, property interest, or any
26    other asset generated by narcotics activities was

 

 

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1    acquired, used, sold, transferred or distributed to, from
2    or through; or,
3        (3) Any enterprise interest obtained as a result of
4    narcotics racketeering was acquired, used, transferred or
5    distributed to, from or through, or where any activity was
6    conducted by the enterprise or any conduct to further the
7    interests of such an enterprise.
8    (c) Venue for purposes of trial for the offense of money
9laundering shall be proper in any county where any part of a
10financial transaction in criminally derived property took
11place, or in any county where any money or monetary interest
12which is the basis for the offense, was acquired, used, sold,
13transferred or distributed to, from, or through.
14    (d) A person who commits the offense of cannabis
15trafficking or controlled substance trafficking may be tried
16in any county.
17    (e) Venue for purposes of trial for any violation of
18Article 29D of the Criminal Code of 1961 or the Criminal Code
19of 2012 may be in the county in which an act of terrorism
20occurs, the county in which material support or resources are
21provided or solicited, the county in which criminal assistance
22is rendered, or any county in which any act in furtherance of
23any violation of Article 29D of the Criminal Code of 1961 or
24the Criminal Code of 2012 occurs.
25    (f) Venue for purposes of trial for any offense involving
26the corruption of a public official may be in any county in

 

 

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1which any portion of the offense occurred.
2(Source: P.A. 97-1150, eff. 1-25-13.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 420/2-101from Ch. 127, par. 602-101
4    5 ILCS 420/2-115 new
5    5 ILCS 430/5-45
6    10 ILCS 5/9-3.5
7    10 ILCS 5/9-8.5
8    25 ILCS 170/11.4 new
9    720 ILCS 5/33G-3
10    725 ILCS 5/108B-3from Ch. 38, par. 108B-3
11    725 ILCS 215/2from Ch. 38, par. 1702
12    725 ILCS 215/3from Ch. 38, par. 1703
13    725 ILCS 215/4from Ch. 38, par. 1704