Full Text of HB0053 94th General Assembly
HB0053enr 94TH GENERAL ASSEMBLY
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HB0053 Enrolled |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 29D-10 as follows:
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| (720 ILCS 5/29D-10)
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| Sec. 29D-10. Definitions. As used in this Article, where | 8 |
| not
otherwise distinctly expressed or manifestly incompatible | 9 |
| with the intent of
this Article:
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| (a) "Computer network" means a set of related, remotely | 11 |
| connected
devices
and
any communications facilities including | 12 |
| more than one computer with the
capability to transmit data | 13 |
| among them through communication facilities.
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| (b) "Computer" means a device that accepts, processes, | 15 |
| stores,
retrieves,
or
outputs data, and includes, but is not | 16 |
| limited to, auxiliary storage and
telecommunications devices.
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| (c) "Computer program" means a series of coded instruction | 18 |
| or statements
in a
form acceptable to a computer which causes | 19 |
| the computer to process data and
supply the results of data | 20 |
| processing.
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| (d) "Data" means representations of information, | 22 |
| knowledge, facts,
concepts or
instructions, including program | 23 |
| documentation, that are prepared in a
formalized manner and are | 24 |
| stored or processed in or transmitted by a computer.
Data may | 25 |
| be in any form, including but not limited to magnetic or | 26 |
| optical
storage
media, punch cards, or data stored internally | 27 |
| in the memory of a computer.
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| (e) "Biological products used in or in connection with | 29 |
| agricultural
production" includes, but is not
limited
to,
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| seeds, plants, and DNA of plants or animals altered for use in | 31 |
| crop or
livestock breeding or production or which are sold, | 32 |
| intended, designed, or
produced for use
in crop production or |
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| livestock breeding or production.
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| (f) "Agricultural products" means crops and livestock.
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| (g) "Agricultural production" means the breeding and | 4 |
| growing of
livestock
and
crops. | 5 |
| (g-5) "Animal feed" means an article
that is intended for | 6 |
| use for food for animals other than humans
and that is intended | 7 |
| for use as a substantial source of nutrients
in the diet of the | 8 |
| animal, and is not limited to a mixture intended to
be the sole | 9 |
| ration of the animal. | 10 |
| (g-10) "Contagious or infectious disease" means a specific | 11 |
| disease designated by the Illinois Department of Agriculture as | 12 |
| contagious or infectious under rules pertaining to the Illinois | 13 |
| Diseased Animals Act. | 14 |
| (g-15) "Processed food" means any food other than a raw | 15 |
| agricultural
commodity and includes any raw agricultural | 16 |
| commodity that
has been subject to processing, such as canning, | 17 |
| cooking, freezing,
dehydration, or milling. | 18 |
| (g-20) "Raw agricultural commodity" means any food in its | 19 |
| raw or
natural state, including all fruits that are washed, | 20 |
| colored, or otherwise
treated in their unpeeled natural form | 21 |
| prior to marketing.
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| (g-25) "Endangering the food supply" means to knowingly: | 23 |
| (1) bring into this State any domestic animal that is | 24 |
| affected with any contagious or infectious disease or any | 25 |
| animal that has been exposed to any
contagious or | 26 |
| infectious disease; | 27 |
| (2) expose any animal in this State to any contagious | 28 |
| or infectious disease; | 29 |
| (3) deliver any poultry that is infected with any | 30 |
| contagious
or infectious disease to any poultry producer | 31 |
| pursuant to a
production contract; | 32 |
| (4) except as permitted under the Insect Pest and Plant | 33 |
| Disease Act,
bring or release into this State any insect | 34 |
| pest
or expose
any plant to an insect pest; or | 35 |
| (5) expose any raw agricultural commodity, animal | 36 |
| feed, or processed food to any contaminant or contagious or |
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| infectious disease. | 2 |
| "Endangering the food supply" does not include bona fide | 3 |
| experiments and actions related to those experiments carried on | 4 |
| by commonly recognized research facilities or actions by | 5 |
| agricultural producers and animal health professionals who may | 6 |
| inadvertently contribute to the spread of detrimental | 7 |
| biological agents while employing generally acceptable | 8 |
| management practices.
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| (g-30) "Endangering the water supply" means to knowingly | 10 |
| contaminate a public or private water well or water reservoir | 11 |
| or any water supply of a public utility or tamper with the | 12 |
| production of bottled or packaged water or tamper with bottled | 13 |
| or packaged water at a retail or wholesale mercantile | 14 |
| establishment. "Endangering the water supply" does not include | 15 |
| contamination of a public or private well or water reservoir
or | 16 |
| any water supply of a public utility that may occur | 17 |
| inadvertently
as part of the operation of a public utility or | 18 |
| electrical generating station.
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| (h) "Livestock" means animals bred or raised for human | 20 |
| consumption.
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| (i) "Crops" means plants raised for: (1) human consumption, | 22 |
| (2) fruits
that
are intended for human consumption, (3) | 23 |
| consumption by livestock, and (4)
fruits that are intended for | 24 |
| consumption by livestock.
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| (j) "Communications systems" means any works, property, or | 26 |
| material of
any radio, telegraph, telephone, microwave, or | 27 |
| cable line, station, or system.
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| (k) "Substantial damage" means monetary damage greater | 29 |
| than $100,000.
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| (l) "Terrorist act" or "act of terrorism" means: (1) any | 31 |
| act that
is intended to cause or create a risk and does cause | 32 |
| or create a risk of death
or great bodily harm to one or more | 33 |
| persons;
(2) any act that disables or destroys the
usefulness | 34 |
| or operation of any communications system; (3) any act or any | 35 |
| series
of 2 or more acts committed in furtherance of a single | 36 |
| intention, scheme, or
design that disables or destroys the |
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| usefulness or operation of
a computer network, computers, | 2 |
| computer programs, or data used by any
industry, by any class | 3 |
| of business, or by 5 or more businesses or by the
federal | 4 |
| government, State government, any unit of local government, a | 5 |
| public
utility, a manufacturer of pharmaceuticals, a national | 6 |
| defense contractor, or
a manufacturer of chemical or biological | 7 |
| products used in or in connection
with agricultural production; | 8 |
| (4) any act that disables or causes substantial
damage to or
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| destruction of any structure or facility used in or used in | 10 |
| connection with
ground, air, or water transportation; the | 11 |
| production or distribution of
electricity, gas, oil, or other | 12 |
| fuel (except for acts that occur inadvertently and as the | 13 |
| result of
operation of the facility that produces or | 14 |
| distributes electricity,
gas, oil, or other fuel) ; the | 15 |
| treatment of sewage or the treatment
or distribution of water; | 16 |
| or controlling the flow of any body of water; (5) any
act that | 17 |
| causes substantial damage to or destruction of livestock or to | 18 |
| crops
or a series of 2 or more acts committed in furtherance of | 19 |
| a single intention,
scheme, or design which, in the aggregate, | 20 |
| causes substantial damage to or
destruction of livestock or | 21 |
| crops; (6) any act that causes substantial
damage to or | 22 |
| destruction of any hospital or any building or facility used by
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| the federal government, State government, any unit of local | 24 |
| government or
by a national defense contractor or by a public | 25 |
| utility, a manufacturer of
pharmaceuticals, a manufacturer of | 26 |
| chemical or biological products used in or
in connection with | 27 |
| agricultural production or the storage or processing of
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| agricultural products or the preparation of agricultural | 29 |
| products for food or
food products intended for resale or for | 30 |
| feed for livestock; or (7) any act
that causes substantial | 31 |
| damage to any building containing 5 or more
businesses of any | 32 |
| type or to any building in which 10 or more people reside ; (8) | 33 |
| endangering the food supply; or (9) endangering the water | 34 |
| supply .
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| (m) "Terrorist" and "terrorist organization" means any | 36 |
| person who
engages or is about to engage in a terrorist act |
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| with the intent to intimidate
or coerce a significant portion | 2 |
| of a civilian population.
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| (n) "Material support or resources" means currency or other | 4 |
| financial
securities, financial services, lodging, training, | 5 |
| safe houses, false
documentation or identification, | 6 |
| communications equipment, facilities, weapons,
lethal | 7 |
| substances, explosives, personnel, transportation, any other | 8 |
| kind of
physical assets or intangible property, and expert | 9 |
| services or expert
assistance.
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| (o) "Person" has the meaning given in Section 2-15 of this | 11 |
| Code
and, in addition to that meaning, includes, without | 12 |
| limitation, any charitable
organization, whether incorporated | 13 |
| or unincorporated, any professional fund
raiser, professional | 14 |
| solicitor, limited liability company, association, joint
stock | 15 |
| company, association, trust, trustee, or any group of people | 16 |
| formally or
informally affiliated or associated for a common | 17 |
| purpose, and any officer,
director, partner, member, or agent | 18 |
| of any person.
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| (p) "Render criminal assistance" means to do any of the | 20 |
| following with
the intent to prevent, hinder, or delay the | 21 |
| discovery or apprehension of, or
the lodging of a criminal | 22 |
| charge against, a person who he or she knows or
believes has | 23 |
| committed an offense under this Article or is being sought by | 24 |
| law
enforcement officials for the commission of an offense | 25 |
| under this Article, or
with the intent to assist a person in | 26 |
| profiting or benefiting from the
commission of an offense under | 27 |
| this Article:
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| (1) harbor or conceal the person;
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| (2) warn the person of impending discovery or | 30 |
| apprehension;
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| (3) provide the person with money, transportation, a | 32 |
| weapon, a
disguise, false identification documents, or any | 33 |
| other means of avoiding
discovery or apprehension;
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| (4) prevent or obstruct, by means of force, | 35 |
| intimidation, or
deception, anyone from performing an act | 36 |
| that might aid in the discovery or
apprehension of the |
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| person or in the lodging of a criminal charge against the
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| person;
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| (5) suppress, by any act of concealment, alteration, or | 4 |
| destruction,
any physical evidence that might aid in the | 5 |
| discovery or apprehension of the
person or in the lodging | 6 |
| of a criminal charge against the person;
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| (6) aid the person to protect or expeditiously profit | 8 |
| from an
advantage derived from the crime; or
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| (7) provide expert services or expert assistance to the | 10 |
| person.
Providing expert services or expert assistance | 11 |
| shall not be construed to
apply to: (1) a licensed attorney | 12 |
| who discusses with a client the legal
consequences of a | 13 |
| proposed course of conduct or advises a client of legal or
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| constitutional rights and (2) a licensed medical doctor who | 15 |
| provides emergency
medical treatment to a person whom he or | 16 |
| she believes has committed an offense
under this Article | 17 |
| if, as soon as reasonably practicable either before or
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| after providing such treatment, he or she notifies a law | 19 |
| enforcement agency.
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| (Source: P.A. 92-854, eff. 12-5-02.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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