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92_HB2299enr HB2299 Enrolled LRB9205089ARsb 1 AN ACT in relation to terrorism. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Solicitation for Charity Act is amended by 5 adding Section 16.5 as follows: 6 (225 ILCS 460/16.5 new) 7 Sec. 16.5. Terrorist acts. 8 (a) Any person or organization subject to registration 9 under this Act, who knowingly acts to further, directly or 10 indirectly, or knowingly uses charitable assets to conduct or 11 further, directly or indirectly, an act or actions as set 12 forth in Article 29D of the Criminal Code of 1961, is thereby 13 engaged in an act or actions contrary to public policy and 14 antithetical to charity, and all of the funds, assets, and 15 records of the person or organization shall be subject to 16 temporary and permanent injunction from use or expenditure 17 and the appointment of a temporary and permanent receiver to 18 take possession of all of the assets and related records. 19 (b) An ex parte action may be commenced by the Attorney 20 General, and, upon a showing of probable cause of a violation 21 of this Section or Article 29D of the Criminal Code of 1961, 22 an immediate seizure of books and records and assets by the 23 Attorney General by and through his or her assistants or 24 investigators or the Department of State Police shall be made 25 by order of a court to protect the public, protect the 26 assets, and allow a full review of the records. 27 (c) Upon a finding by a court after a hearing that a 28 person or organization has acted or is in violation of this 29 Section, the person or organization shall be permanently 30 enjoined from soliciting funds from the public, holding 31 charitable funds, or acting as a trustee or fiduciary within HB2299 Enrolled -2- LRB9205089ARsb 1 Illinois. Upon a finding of violation all assets and funds 2 held by the person or organization shall be forfeited to the 3 People of the State of Illinois or otherwise ordered by the 4 court to be accounted for and marshaled and then delivered to 5 charitable causes and uses within the State of Illinois by 6 court order. 7 (d) A determination under this Section may be made by 8 any court separate and apart from any criminal proceedings 9 and the standard of proof shall be that for civil 10 proceedings. 11 (e) Any knowing use of charitable assets to conduct or 12 further, directly or indirectly, an act or actions set forth 13 in Article 29D of the Criminal Code of 1961 shall be a misuse 14 of charitable assets and breach of fiduciary duty relative to 15 all other Sections of this Act. 16 Section 10. The Firearm Owners Identification Card Act 17 is amended by changing Section 8 as follows: 18 (430 ILCS 65/8) (from Ch. 38, par. 83-8) 19 Sec. 8. The Department of State Police has authority to 20 deny an application for or to revoke and seize a Firearm 21 Owner's Identification Card previously issued under this Act 22 only if the Department finds that the applicant or the person 23 to whom such card was issued is or was at the time of 24 issuance: 25 (a) A person under 21 years of age who has been 26 convicted of a misdemeanor other than a traffic offense or 27 adjudged delinquent; 28 (b) A person under 21 years of age who does not have the 29 written consent of his parent or guardian to acquire and 30 possess firearms and firearm ammunition, or whose parent or 31 guardian has revoked such written consent, or where such 32 parent or guardian does not qualify to have a Firearm Owner's HB2299 Enrolled -3- LRB9205089ARsb 1 Identification Card; 2 (c) A person convicted of a felony under the laws of 3 this or any other jurisdiction; 4 (d) A person addicted to narcotics; 5 (e) A person who has been a patient of a mental 6 institution within the past 5 years; 7 (f) A person whose mental condition is of such a nature 8 that it poses a clear and present danger to the applicant, 9 any other person or persons or the community; 10 For the purposes of this Section, "mental condition" 11 means a state of mind manifested by violent, suicidal, 12 threatening or assaultive behavior. 13 (g) A person who is mentally retarded; 14 (h) A person who intentionally makes a false statement 15 in the Firearm Owner's Identification Card application; 16 (i) An alien who is unlawfully present in the United 17 States under the laws of the United States; 18 (i-5) An alien who has been admitted to the United 19 States under a non-immigrant visa (as that term is defined in 20 Section 101(a)(26) of the Immigration and Nationality Act (8 21 U.S.C. 1101(a)(26))), except that this subsection (i-5) does 22 not apply to any alien who has been lawfully admitted to the 23 United States under a non-immigrant visa if that alien is: 24 (1) admitted to the United States for lawful 25 hunting or sporting purposes; 26 (2) an official representative of a foreign 27 government who is: 28 (A) accredited to the United States Government 29 or the Government's mission to an international 30 organization having its headquarters in the United 31 States; or 32 (B) en route to or from another country to 33 which that alien is accredited; 34 (3) an official of a foreign government or HB2299 Enrolled -4- LRB9205089ARsb 1 distinguished foreign visitor who has been so designated 2 by the Department of State; 3 (4) a foreign law enforcement officer of a friendly 4 foreign government entering the United States on official 5 business; or 6 (5) one who has received a waiver from the Attorney 7 General of the United States pursuant to 18 U.S.C. 8 922(y)(3); 9 (j) A person who is subject to an existing order of 10 protection prohibiting him or her from possessing a firearm; 11 (k) A person who has been convicted within the past 5 12 years of battery, assault, aggravated assault, violation of 13 an order of protection, or a substantially similar offense in 14 another jurisdiction, in which a firearm was used or 15 possessed; 16 (l) A person who has been convicted of domestic battery 17 or a substantially similar offense in another jurisdiction 18 committed on or after January 1, 1998; 19 (m) A person who has been convicted within the past 5 20 years of domestic battery or a substantially similar offense 21 in another jurisdiction committed before January 1, 1998; or 22 (n) A person who is prohibited from acquiring or 23 possessing firearms or firearm ammunition by any Illinois 24 State statute or by federal law. 25 (Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98; 26 90-655, eff. 7-30-98; 91-694, eff. 4-13-00.) 27 Section 15. The Criminal Code of 1961 is amended by 28 changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D 29 as follows: 30 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) 31 Sec. 9-1. First degree Murder - Death penalties - 32 Exceptions - Separate Hearings - Proof - Findings - Appellate HB2299 Enrolled -5- LRB9205089ARsb 1 procedures - Reversals. 2 (a) A person who kills an individual without lawful 3 justification commits first degree murder if, in performing 4 the acts which cause the death: 5 (1) he either intends to kill or do great bodily 6 harm to that individual or another, or knows that such 7 acts will cause death to that individual or another; or 8 (2) he knows that such acts create a strong 9 probability of death or great bodily harm to that 10 individual or another; or 11 (3) he is attempting or committing a forcible 12 felony other than second degree murder. 13 (b) Aggravating Factors. A defendant who at the time of 14 the commission of the offense has attained the age of 18 or 15 more and who has been found guilty of first degree murder may 16 be sentenced to death if: 17 (1) the murdered individual was a peace officer or 18 fireman killed in the course of performing his official 19 duties, to prevent the performance of his official 20 duties, or in retaliation for performing his official 21 duties, and the defendant knew or should have known that 22 the murdered individual was a peace officer or fireman; 23 or 24 (2) the murdered individual was an employee of an 25 institution or facility of the Department of Corrections, 26 or any similar local correctional agency, killed in the 27 course of performing his official duties, to prevent the 28 performance of his official duties, or in retaliation for 29 performing his official duties, or the murdered 30 individual was an inmate at such institution or facility 31 and was killed on the grounds thereof, or the murdered 32 individual was otherwise present in such institution or 33 facility with the knowledge and approval of the chief 34 administrative officer thereof; or HB2299 Enrolled -6- LRB9205089ARsb 1 (3) the defendant has been convicted of murdering 2 two or more individuals under subsection (a) of this 3 Section or under any law of the United States or of any 4 state which is substantially similar to subsection (a) of 5 this Section regardless of whether the deaths occurred 6 as the result of the same act or of several related or 7 unrelated acts so long as the deaths were the result of 8 either an intent to kill more than one person or of 9 separate acts which the defendant knew would cause death 10 or create a strong probability of death or great bodily 11 harm to the murdered individual or another; or 12 (4) the murdered individual was killed as a result 13 of the hijacking of an airplane, train, ship, bus or 14 other public conveyance; or 15 (5) the defendant committed the murder pursuant to 16 a contract, agreement or understanding by which he was to 17 receive money or anything of value in return for 18 committing the murder or procured another to commit the 19 murder for money or anything of value; or 20 (6) the murdered individual was killed in the 21 course of another felony if: 22 (a) the murdered individual: 23 (i) was actually killed by the defendant, 24 or 25 (ii) received physical injuries 26 personally inflicted by the defendant 27 substantially contemporaneously with physical 28 injuries caused by one or more persons for 29 whose conduct the defendant is legally 30 accountable under Section 5-2 of this Code, and 31 the physical injuries inflicted by either the 32 defendant or the other person or persons for 33 whose conduct he is legally accountable caused 34 the death of the murdered individual; and HB2299 Enrolled -7- LRB9205089ARsb 1 (b) in performing the acts which caused the 2 death of the murdered individual or which resulted 3 in physical injuries personally inflicted by the 4 defendant on the murdered individual under the 5 circumstances of subdivision (ii) of subparagraph 6 (a) of paragraph (6) of subsection (b) of this 7 Section, the defendant acted with the intent to kill 8 the murdered individual or with the knowledge that 9 his acts created a strong probability of death or 10 great bodily harm to the murdered individual or 11 another; and 12 (c) the other felony was one of the following: 13 armed robbery, armed violence, robbery, predatory 14 criminal sexual assault of a child, aggravated 15 criminal sexual assault, aggravated kidnapping, 16 aggravated vehicular hijacking, forcible detention, 17 arson, aggravated arson, aggravated stalking, 18 burglary, residential burglary, home invasion, 19 calculated criminal drug conspiracy as defined in 20 Section 405 of the Illinois Controlled Substances 21 Act, streetgang criminal drug conspiracy as defined 22 in Section 405.2 of the Illinois Controlled 23 Substances Act, or the attempt to commit any of the 24 felonies listed in this subsection (c); or 25 (7) the murdered individual was under 12 years of 26 age and the death resulted from exceptionally brutal or 27 heinous behavior indicative of wanton cruelty; or 28 (8) the defendant committed the murder with intent 29 to prevent the murdered individual from testifying in any 30 criminal prosecution or giving material assistance to the 31 State in any investigation or prosecution, either against 32 the defendant or another; or the defendant committed the 33 murder because the murdered individual was a witness in 34 any prosecution or gave material assistance to the State HB2299 Enrolled -8- LRB9205089ARsb 1 in any investigation or prosecution, either against the 2 defendant or another; or 3 (9) the defendant, while committing an offense 4 punishable under Sections 401, 401.1, 401.2, 405, 405.2, 5 407 or 407.1 or subsection (b) of Section 404 of the 6 Illinois Controlled Substances Act, or while engaged in a 7 conspiracy or solicitation to commit such offense, 8 intentionally killed an individual or counseled, 9 commanded, induced, procured or caused the intentional 10 killing of the murdered individual; or 11 (10) the defendant was incarcerated in an 12 institution or facility of the Department of Corrections 13 at the time of the murder, and while committing an 14 offense punishable as a felony under Illinois law, or 15 while engaged in a conspiracy or solicitation to commit 16 such offense, intentionally killed an individual or 17 counseled, commanded, induced, procured or caused the 18 intentional killing of the murdered individual; or 19 (11) the murder was committed in a cold, calculated 20 and premeditated manner pursuant to a preconceived plan, 21 scheme or design to take a human life by unlawful means, 22 and the conduct of the defendant created a reasonable 23 expectation that the death of a human being would result 24 therefrom; or 25 (12) the murdered individual was an emergency 26 medical technician - ambulance, emergency medical 27 technician - intermediate, emergency medical technician - 28 paramedic, ambulance driver, or other medical assistance 29 or first aid personnel, employed by a municipality or 30 other governmental unit, killed in the course of 31 performing his official duties, to prevent the 32 performance of his official duties, or in retaliation for 33 performing his official duties, and the defendant knew or 34 should have known that the murdered individual was an HB2299 Enrolled -9- LRB9205089ARsb 1 emergency medical technician - ambulance, emergency 2 medical technician - intermediate, emergency medical 3 technician - paramedic, ambulance driver, or other 4 medical assistance or first aid personnel; or 5 (13) the defendant was a principal administrator, 6 organizer, or leader of a calculated criminal drug 7 conspiracy consisting of a hierarchical position of 8 authority superior to that of all other members of the 9 conspiracy, and the defendant counseled, commanded, 10 induced, procured, or caused the intentional killing of 11 the murdered person; or 12 (14) the murder was intentional and involved the 13 infliction of torture. For the purpose of this Section 14 torture means the infliction of or subjection to extreme 15 physical pain, motivated by an intent to increase or 16 prolong the pain, suffering or agony of the victim; or 17 (15) the murder was committed as a result of the 18 intentional discharge of a firearm by the defendant from 19 a motor vehicle and the victim was not present within the 20 motor vehicle; or 21 (16) the murdered individual was 60 years of age or 22 older and the death resulted from exceptionally brutal or 23 heinous behavior indicative of wanton cruelty; or 24 (17) the murdered individual was a disabled person 25 and the defendant knew or should have known that the 26 murdered individual was disabled. For purposes of this 27 paragraph (17), "disabled person" means a person who 28 suffers from a permanent physical or mental impairment 29 resulting from disease, an injury, a functional disorder, 30 or a congenital condition that renders the person 31 incapable of adequately providing for his or her own 32 health or personal care; or 33 (18) the murder was committed by reason of any 34 person's activity as a community policing volunteer or to HB2299 Enrolled -10- LRB9205089ARsb 1 prevent any person from engaging in activity as a 2 community policing volunteer; or 3 (19) the murdered individual was subject to an 4 order of protection and the murder was committed by a 5 person against whom the same order of protection was 6 issued under the Illinois Domestic Violence Act of 1986; 7 or 8 (20) the murdered individual was known by the 9 defendant to be a teacher or other person employed in any 10 school and the teacher or other employee is upon the 11 grounds of a school or grounds adjacent to a school, or 12 is in any part of a building used for school purposes; 13 or.14 (21) the murder was committed by the defendant in 15 connection with or as a result of the offense of 16 terrorism as defined in Section 29D-30 of this Code. 17 (c) Consideration of factors in Aggravation and 18 Mitigation. 19 The court shall consider, or shall instruct the jury to 20 consider any aggravating and any mitigating factors which are 21 relevant to the imposition of the death penalty. Aggravating 22 factors may include but need not be limited to those factors 23 set forth in subsection (b). Mitigating factors may include 24 but need not be limited to the following: 25 (1) the defendant has no significant history of 26 prior criminal activity; 27 (2) the murder was committed while the defendant 28 was under the influence of extreme mental or emotional 29 disturbance, although not such as to constitute a defense 30 to prosecution; 31 (3) the murdered individual was a participant in 32 the defendant's homicidal conduct or consented to the 33 homicidal act; 34 (4) the defendant acted under the compulsion of HB2299 Enrolled -11- LRB9205089ARsb 1 threat or menace of the imminent infliction of death or 2 great bodily harm; 3 (5) the defendant was not personally present during 4 commission of the act or acts causing death. 5 (d) Separate sentencing hearing. 6 Where requested by the State, the court shall conduct a 7 separate sentencing proceeding to determine the existence of 8 factors set forth in subsection (b) and to consider any 9 aggravating or mitigating factors as indicated in subsection 10 (c). The proceeding shall be conducted: 11 (1) before the jury that determined the defendant's 12 guilt; or 13 (2) before a jury impanelled for the purpose of the 14 proceeding if: 15 A. the defendant was convicted upon a plea of 16 guilty; or 17 B. the defendant was convicted after a trial 18 before the court sitting without a jury; or 19 C. the court for good cause shown discharges 20 the jury that determined the defendant's guilt; or 21 (3) before the court alone if the defendant waives 22 a jury for the separate proceeding. 23 (e) Evidence and Argument. 24 During the proceeding any information relevant to any of 25 the factors set forth in subsection (b) may be presented by 26 either the State or the defendant under the rules governing 27 the admission of evidence at criminal trials. Any 28 information relevant to any additional aggravating factors or 29 any mitigating factors indicated in subsection (c) may be 30 presented by the State or defendant regardless of its 31 admissibility under the rules governing the admission of 32 evidence at criminal trials. The State and the defendant 33 shall be given fair opportunity to rebut any information 34 received at the hearing. HB2299 Enrolled -12- LRB9205089ARsb 1 (f) Proof. 2 The burden of proof of establishing the existence of any 3 of the factors set forth in subsection (b) is on the State 4 and shall not be satisfied unless established beyond a 5 reasonable doubt. 6 (g) Procedure - Jury. 7 If at the separate sentencing proceeding the jury finds 8 that none of the factors set forth in subsection (b) exists, 9 the court shall sentence the defendant to a term of 10 imprisonment under Chapter V of the Unified Code of 11 Corrections. If there is a unanimous finding by the jury 12 that one or more of the factors set forth in subsection (b) 13 exist, the jury shall consider aggravating and mitigating 14 factors as instructed by the court and shall determine 15 whether the sentence of death shall be imposed. If the jury 16 determines unanimously that there are no mitigating factors 17 sufficient to preclude the imposition of the death sentence, 18 the court shall sentence the defendant to death. 19 Unless the jury unanimously finds that there are no 20 mitigating factors sufficient to preclude the imposition of 21 the death sentence the court shall sentence the defendant to 22 a term of imprisonment under Chapter V of the Unified Code of 23 Corrections. 24 (h) Procedure - No Jury. 25 In a proceeding before the court alone, if the court 26 finds that none of the factors found in subsection (b) 27 exists, the court shall sentence the defendant to a term of 28 imprisonment under Chapter V of the Unified Code of 29 Corrections. 30 If the Court determines that one or more of the factors 31 set forth in subsection (b) exists, the Court shall consider 32 any aggravating and mitigating factors as indicated in 33 subsection (c). If the Court determines that there are no 34 mitigating factors sufficient to preclude the imposition of HB2299 Enrolled -13- LRB9205089ARsb 1 the death sentence, the Court shall sentence the defendant to 2 death. 3 Unless the court finds that there are no mitigating 4 factors sufficient to preclude the imposition of the sentence 5 of death, the court shall sentence the defendant to a term of 6 imprisonment under Chapter V of the Unified Code of 7 Corrections. 8 (i) Appellate Procedure. 9 The conviction and sentence of death shall be subject to 10 automatic review by the Supreme Court. Such review shall be 11 in accordance with rules promulgated by the Supreme Court. 12 (j) Disposition of reversed death sentence. 13 In the event that the death penalty in this Act is held 14 to be unconstitutional by the Supreme Court of the United 15 States or of the State of Illinois, any person convicted of 16 first degree murder shall be sentenced by the court to a term 17 of imprisonment under Chapter V of the Unified Code of 18 Corrections. 19 In the event that any death sentence pursuant to the 20 sentencing provisions of this Section is declared 21 unconstitutional by the Supreme Court of the United States or 22 of the State of Illinois, the court having jurisdiction over 23 a person previously sentenced to death shall cause the 24 defendant to be brought before the court, and the court shall 25 sentence the defendant to a term of imprisonment under 26 Chapter V of the Unified Code of Corrections. 27 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 28 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. 29 1-1-00.) 30 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) 31 Sec. 14-3. Exemptions. The following activities shall 32 be exempt from the provisions of this Article: 33 (a) Listening to radio, wireless and television HB2299 Enrolled -14- LRB9205089ARsb 1 communications of any sort where the same are publicly made; 2 (b) Hearing conversation when heard by employees of any 3 common carrier by wire incidental to the normal course of 4 their employment in the operation, maintenance or repair of 5 the equipment of such common carrier by wire so long as no 6 information obtained thereby is used or divulged by the 7 hearer; 8 (c) Any broadcast by radio, television or otherwise 9 whether it be a broadcast or recorded for the purpose of 10 later broadcasts of any function where the public is in 11 attendance and the conversations are overheard incidental to 12 the main purpose for which such broadcasts are then being 13 made; 14 (d) Recording or listening with the aid of any device to 15 any emergency communication made in the normal course of 16 operations by any federal, state or local law enforcement 17 agency or institutions dealing in emergency services, 18 including, but not limited to, hospitals, clinics, ambulance 19 services, fire fighting agencies, any public utility, 20 emergency repair facility, civilian defense establishment or 21 military installation; 22 (e) Recording the proceedings of any meeting required to 23 be open by the Open Meetings Act, as amended; 24 (f) Recording or listening with the aid of any device to 25 incoming telephone calls of phone lines publicly listed or 26 advertised as consumer "hotlines" by manufacturers or 27 retailers of food and drug products. Such recordings must be 28 destroyed, erased or turned over to local law enforcement 29 authorities within 24 hours from the time of such recording 30 and shall not be otherwise disseminated. Failure on the part 31 of the individual or business operating any such recording or 32 listening device to comply with the requirements of this 33 subsection shall eliminate any civil or criminal immunity 34 conferred upon that individual or business by the operation HB2299 Enrolled -15- LRB9205089ARsb 1 of this Section; 2 (g) With prior notification to the State's Attorney of 3 the county in which it is to occur, recording or listening 4 with the aid of any device to any conversation where a law 5 enforcement officer, or any person acting at the direction of 6 law enforcement, is a party to the conversation and has 7 consented to it being intercepted or recorded under 8 circumstances where the use of the device is necessary for 9 the protection of the law enforcement officer or any person 10 acting at the direction of law enforcement, in the course of 11 an investigation of a forcible felony, a felony violation of 12 the Illinois Controlled Substances Act, a felony violation of 13 the Cannabis Control Act, or any "streetgang related" or 14 "gang-related" felony as those terms are defined in the 15 Illinois Streetgang Terrorism Omnibus Prevention Act. Any 16 recording or evidence derived as the result of this exemption 17 shall be inadmissible in any proceeding, criminal, civil or 18 administrative, except (i) where a party to the conversation 19 suffers great bodily injury or is killed during such 20 conversation, or (ii) when used as direct impeachment of a 21 witness concerning matters contained in the interception or 22 recording. The Director of the Department of State Police 23 shall issue regulations as are necessary concerning the use 24 of devices, retention of tape recordings, and reports 25 regarding their use; 26 (g-5) With approval of the State's Attorney of the 27 county in which it is to occur, recording or listening with 28 the aid of any device to any conversation where a law 29 enforcement officer, or any person acting at the direction of 30 law enforcement, is a party to the conversation and has 31 consented to it being intercepted or recorded in the course 32 of an investigation of any offense defined in Article 29D of 33 this Code. In all such cases, an application for an order 34 approving the previous or continuing use of an eavesdropping HB2299 Enrolled -16- LRB9205089ARsb 1 device must be made within 48 hours of the commencement of 2 such use. In the absence of such an order, or upon its 3 denial, any continuing use shall immediately terminate. The 4 Director of State Police shall issue rules as are necessary 5 concerning the use of devices, retention of tape recordings, 6 and reports regarding their use. 7 Any recording or evidence obtained or derived in the 8 course of an investigation of any offense defined in Article 9 29D of this Code shall, upon motion of the State's Attorney 10 or Attorney General prosecuting any violation of Article 29D, 11 be reviewed in camera with notice to all parties present by 12 the court presiding over the criminal case, and, if ruled by 13 the court to be relevant and otherwise admissible, it shall 14 be admissible at the trial of the criminal case. 15 This subsection (g-5) is inoperative on and after January 16 1, 2005. No conversations recorded or monitored pursuant to 17 this subsection (g-5) shall be inadmissable in a court of law 18 by virtue of the repeal of this subsection (g-5) on January 19 1, 2005. 20 (h) Recordings made simultaneously with a video 21 recording of an oral conversation between a peace officer, 22 who has identified his or her office, and a person stopped 23 for an investigation of an offense under the Illinois Vehicle 24 Code; 25 (i) Recording of a conversation made by or at the 26 request of a person, not a law enforcement officer or agent 27 of a law enforcement officer, who is a party to the 28 conversation, under reasonable suspicion that another party 29 to the conversation is committing, is about to commit, or has 30 committed a criminal offense against the person or a member 31 of his or her immediate household, and there is reason to 32 believe that evidence of the criminal offense may be obtained 33 by the recording; and 34 (j) The use of a telephone monitoring device by either HB2299 Enrolled -17- LRB9205089ARsb 1 (1) a corporation or other business entity engaged in 2 marketing or opinion research or (2) a corporation or other 3 business entity engaged in telephone solicitation, as defined 4 in this subsection, to record or listen to oral telephone 5 solicitation conversations or marketing or opinion research 6 conversations by an employee of the corporation or other 7 business entity when: 8 (i) the monitoring is used for the purpose of 9 service quality control of marketing or opinion research 10 or telephone solicitation, the education or training of 11 employees or contractors engaged in marketing or opinion 12 research or telephone solicitation, or internal research 13 related to marketing or opinion research or telephone 14 solicitation; and 15 (ii) the monitoring is used with the consent of at 16 least one person who is an active party to the marketing 17 or opinion research conversation or telephone 18 solicitation conversation being monitored. 19 No communication or conversation or any part, portion, or 20 aspect of the communication or conversation made, acquired, 21 or obtained, directly or indirectly, under this exemption 22 (j), may be, directly or indirectly, furnished to any law 23 enforcement officer, agency, or official for any purpose or 24 used in any inquiry or investigation, or used, directly or 25 indirectly, in any administrative, judicial, or other 26 proceeding, or divulged to any third party. 27 When recording or listening authorized by this subsection 28 (j) on telephone lines used for marketing or opinion research 29 or telephone solicitation purposes results in recording or 30 listening to a conversation that does not relate to marketing 31 or opinion research or telephone solicitation; the person 32 recording or listening shall, immediately upon determining 33 that the conversation does not relate to marketing or opinion 34 research or telephone solicitation, terminate the recording HB2299 Enrolled -18- LRB9205089ARsb 1 or listening and destroy any such recording as soon as is 2 practicable. 3 Business entities that use a telephone monitoring or 4 telephone recording system pursuant to this exemption (j) 5 shall provide current and prospective employees with notice 6 that the monitoring or recordings may occur during the course 7 of their employment. The notice shall include prominent 8 signage notification within the workplace. 9 Business entities that use a telephone monitoring or 10 telephone recording system pursuant to this exemption (j) 11 shall provide their employees or agents with access to 12 personal-only telephone lines which may be pay telephones, 13 that are not subject to telephone monitoring or telephone 14 recording. 15 For the purposes of this subsection (j), "telephone 16 solicitation" means a communication through the use of a 17 telephone by live operators: 18 (i) soliciting the sale of goods or services; 19 (ii) receiving orders for the sale of goods or 20 services; 21 (iii) assisting in the use of goods or services; or 22 (iv) engaging in the solicitation, administration, 23 or collection of bank or retail credit accounts. 24 For the purposes of this subsection (j), "marketing or 25 opinion research" means a marketing or opinion research 26 interview conducted by a live telephone interviewer engaged 27 by a corporation or other business entity whose principal 28 business is the design, conduct, and analysis of polls and 29 surveys measuring the opinions, attitudes, and responses of 30 respondents toward products and services, or social or 31 political issues, or both. 32 (Source: P.A. 91-357, eff. 7-29-99.) 33 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1) HB2299 Enrolled -19- LRB9205089ARsb 1 Sec. 29B-1. (a) A person commits the offense of money 2 laundering: 3 (1) when he knowingly engages or attempts to engage 4 in a financial transaction in criminally derived property 5 with either the intent to promote the carrying on of the 6 unlawful activity from which the criminally derived 7 property was obtained or where he knows or reasonably 8 should know that the financial transaction is designed in 9 whole or in part to conceal or disguise the nature, the 10 location, the source, the ownership or the control of the 11 criminally derived property; or.12 (2) when, with the intent to: 13 (A) promote the carrying on of a specified 14 criminal activity as defined in this Article; or 15 (B) conceal or disguise the nature, location, 16 source, ownership, or control of property believed 17 to be the proceeds of a specified criminal activity 18 as defined by subdivision (b) (6), 19 he or she conducts or attempts to conduct a financial 20 transaction involving property he or she believes to be 21 the proceeds of specified criminal activity as defined by 22 subdivision (b) (6) or property used to conduct or 23 facilitate specified criminal activity as defined by 24 subdivision (b) (6). 25 (b) As used in this Section: 26 (1) "Financial transaction" means a purchase, sale, 27 loan, pledge, gift, transfer, delivery or other 28 disposition utilizing criminally derived property, and 29 with respect to financial institutions, includes a 30 deposit, withdrawal, transfer between accounts, exchange 31 of currency, loan, extension of credit, purchase or sale 32 of any stock, bond, certificate of deposit or other 33 monetary instrument or any other payment, transfer or 34 delivery by, through, or to a financial institution. For HB2299 Enrolled -20- LRB9205089ARsb 1 purposes of clause (a)(2) of this Section, the term 2 "financial transaction" also means a transaction which 3 without regard to whether the funds, monetary 4 instruments, or real or personal property involved in the 5 transaction are criminally derived, any transaction which 6 in any way or degree: (1) involves the movement of funds 7 by wire or any other means; (2) involves one or more 8 monetary instruments; or (3) the transfer of title to any 9 real or personal property. The receipt by an attorney of 10 bona fide fees for the purpose of legal representation is 11 not a financial transaction for purposes of this Section. 12 (2) "Financial institution" means any bank; saving 13 and loan association; trust company; agency or branch of 14 a foreign bank in the United States; currency exchange; 15 credit union, mortgage banking institution; pawnbroker; 16 loan or finance company; operator of a credit card 17 system; issuer, redeemer or cashier of travelers checks, 18 checks or money orders; dealer in precious metals, stones 19 or jewels; broker or dealer in securities or commodities; 20 investment banker; or investment company. 21 (3) "Monetary instrument" means United States coins 22 and currency; coins and currency of a foreign country; 23 travelers checks; personal checks, bank checks, and money 24 orders; investment securities; bearer negotiable 25 instruments; bearer investment securities; or bearer 26 securities and certificates of stock in such form that 27 title thereto passes upon delivery. 28 (4) "Criminally derived property" means any 29 property constituting or derived from proceeds obtained, 30 directly or indirectly, pursuant to a violation of the 31 Criminal Code of 1961, the Illinois Controlled Substances 32 Act or the Cannabis Control Act. 33 (5) "Conduct" or "conducts" includes, in addition 34 to its ordinary meaning, initiating, concluding, or HB2299 Enrolled -21- LRB9205089ARsb 1 participating in initiating or concluding a transaction. 2 (6) "Specified criminal activity" means any 3 violation of Section 20.5-5 (720 ILCS 5/20.5-5) and any 4 violation of Article 29D of this Code. 5 (c) Sentence. 6 (1) Laundering of criminally derived property of a 7 value not exceeding $10,000 is a Class 3 felony; 8 (2) Laundering of criminally derived property of a 9 value exceeding $10,000 but not exceeding $100,000 is a 10 Class 2 felony; 11 (3) Laundering of criminally derived property of a 12 value exceeding $100,000 is a Class 1 felony;.13 (4) Money laundering in violation of subsection 14 (a)(2) of this Section is a Class X felony. 15 (Source: P.A. 88-258.) 16 (720 ILCS 5/Article 29D heading new) 17 ARTICLE 29D. TERRORISM 18 (720 ILCS 5/29D-5 new) 19 Sec. 29D-5. Legislative findings. The devastating 20 consequences of the barbaric attacks on the World Trade 21 Center and the Pentagon on September 11, 2001 underscore the 22 compelling need for legislation that is specifically designed 23 to combat the evils of terrorism. Terrorism is inconsistent 24 with civilized society and cannot be tolerated. 25 A comprehensive State law is urgently needed to 26 complement federal laws in the fight against terrorism and to 27 better protect all citizens against terrorist acts. 28 Accordingly, the legislature finds that our laws must be 29 strengthened to ensure that terrorists, as well as those who 30 solicit or provide financial and other support to terrorists, 31 are prosecuted and punished in State courts with appropriate 32 severity. The legislature further finds that due to the grave HB2299 Enrolled -22- LRB9205089ARsb 1 nature and global reach of terrorism that a comprehensive law 2 encompassing State criminal statutes and strong civil 3 remedies is needed. 4 An investigation may not be initiated or continued for 5 activities protected by the First Amendment to the United 6 States Constitution, including expressions of support or the 7 provision of financial support for the nonviolent political, 8 religious, philosophical, or ideological goals or beliefs of 9 any person or group. 10 (720 ILCS 5/29D-10 new) 11 Sec. 29D-10. Definitions. As used in this Article, where 12 not otherwise distinctly expressed or manifestly incompatible 13 with the intent of this Article: 14 (a) "Computer network" means a set of related, remotely 15 connected devices and any communications facilities including 16 more than one computer with the capability to transmit data 17 among them through communication facilities. 18 (b) "Computer" means a device that accepts, processes, 19 stores, retrieves, or outputs data, and includes, but is not 20 limited to, auxiliary storage and telecommunications devices. 21 (c) "Computer program" means a series of coded 22 instruction or statements in a form acceptable to a computer 23 which causes the computer to process data and supply the 24 results of data processing. 25 (d) "Data" means representations of information, 26 knowledge, facts, concepts or instructions, including program 27 documentation, that are prepared in a formalized manner and 28 are stored or processed in or transmitted by a computer. Data 29 may be in any form, including but not limited to magnetic or 30 optical storage media, punch cards, or data stored internally 31 in the memory of a computer. 32 (e) "Biological products used in agriculture" includes, 33 but is not limited to, seeds, plants, and DNA of plants or HB2299 Enrolled -23- LRB9205089ARsb 1 animals altered for use in crop or livestock breeding or 2 production or which are sold, intended, designed, or produced 3 for use in crop production or livestock breeding or 4 production. 5 (f) "Agricultural products" means crops and livestock. 6 (g) "Agricultural production" means the breeding and 7 growing of livestock and crops. 8 (h) "Livestock" means animals bred or raised for human 9 consumption. 10 (i) "Crops" means plants raised for: (1) human 11 consumption, (2) fruits that are intended for human 12 consumption, (3) consumption by livestock, and (4) fruits 13 that are intended for consumption by livestock. 14 (j) "Communications systems" means any works, property, 15 or material of any radio, telegraph, telephone, microwave, or 16 cable line, station, or system. 17 (k) "Substantial damage" means monetary damage greater 18 than $100,000. 19 (l) "Terrorist act" or "act of terrorism" means: (1) any 20 act that is intended to cause or create a risk and does cause 21 or create a risk of death or great bodily harm to one or more 22 persons; (2) any act that disables or destroys the usefulness 23 or operation of any communications system; (3) any act or any 24 series of 2 or more acts committed in furtherance of a single 25 intention, scheme, or design that disables or destroys the 26 usefulness or operation of a computer network, computers, 27 computer programs, or data used by any industry, by any class 28 of business, or by 5 or more businesses or by the federal 29 government, State government, any unit of local government, a 30 public utility, a manufacturer of pharmaceuticals, a national 31 defense contractor, or a manufacturer of chemical or 32 biological products used in or in connection with 33 agricultural production; (4) any act that disables or causes 34 substantial damage to or destruction of any structure or HB2299 Enrolled -24- LRB9205089ARsb 1 facility used in or used in connection with ground, air, or 2 water transportation; the production or distribution of 3 electricity, gas, oil, or other fuel; the treatment of sewage 4 or the treatment or distribution of water; or controlling the 5 flow of any body of water; (5) any act that causes 6 substantial damage to or destruction of livestock or to crops 7 or a series of 2 or more acts committed in furtherance of a 8 single intention, scheme, or design which, in the aggregate, 9 causes substantial damage to or destruction of livestock or 10 crops; (6) any act that causes substantial damage to or 11 destruction of any hospital or any building or facility used 12 by the federal government, State government, any unit of 13 local government or by a national defense contractor or by a 14 public utility, a manufacturer of pharmaceuticals, a 15 manufacturer of chemical or biological products used in or in 16 connection with agricultural production or the storage or 17 processing of agricultural products or the preparation of 18 agricultural products for food or food products intended for 19 resale or for feed for livestock; or (7) any act that causes 20 substantial damage to any building containing 5 or more 21 businesses of any type or to any building in which 10 or more 22 people reside. 23 (m) "Terrorist" and "terrorist organization" means any 24 person who engages or is about to engage in a terrorist act 25 with the intent to intimidate or coerce a significant portion 26 of a civilian population. 27 (n) "Material support or resources" means currency or 28 other financial securities, financial services, lodging, 29 training, safe houses, false documentation or identification, 30 communications equipment, facilities, weapons, lethal 31 substances, explosives, personnel, transportation, any other 32 kind of physical assets or intangible property, and expert 33 services or expert assistance. 34 (o) "Person" has the meaning given in Section 2-15 of HB2299 Enrolled -25- LRB9205089ARsb 1 this Code and, in addition to that meaning, includes, without 2 limitation, any charitable organization, whether incorporated 3 or unincorporated, any professional fund raiser, professional 4 solicitor, limited liability company, association, joint 5 stock company, association, trust, trustee, or any group of 6 people formally or informally affiliated or associated for a 7 common purpose, and any officer, director, partner, member, 8 or agent of any person. 9 (p) "Render criminal assistance" means to do any of the 10 following with the intent to prevent, hinder, or delay the 11 discovery or apprehension of, or the lodging of a criminal 12 charge against, a person who he or she knows or believes has 13 committed an offense under this Article or is being sought by 14 law enforcement officials for the commission of an offense 15 under this Article, or with the intent to assist a person in 16 profiting or benefiting from the commission of an offense 17 under this Article: 18 (1) harbor or conceal the person; 19 (2) warn the person of impending discovery or 20 apprehension; 21 (3) provide the person with money, transportation, 22 a weapon, a disguise, false identification documents, or 23 any other means of avoiding discovery or apprehension; 24 (4) prevent or obstruct, by means of force, 25 intimidation, or deception, anyone from performing an act 26 that might aid in the discovery or apprehension of the 27 person or in the lodging of a criminal charge against the 28 person; 29 (5) suppress, by any act of concealment, 30 alteration, or destruction, any physical evidence that 31 might aid in the discovery or apprehension of the person 32 or in the lodging of a criminal charge against the 33 person; 34 (6) aid the person to protect or expeditiously HB2299 Enrolled -26- LRB9205089ARsb 1 profit from an advantage derived from the crime; or 2 (7) provide expert services or expert assistance to 3 the person. Providing expert services or expert 4 assistance shall not be construed to apply to: (1) a 5 licensed attorney who discusses with a client the legal 6 consequences of a proposed course of conduct or advises a 7 client of legal or constitutional rights and (2) a 8 licensed medical doctor who provides emergency medical 9 treatment to a person whom he or she believes has 10 committed an offense under this Article if, as soon as 11 reasonably practicable either before or after providing 12 such treatment, he or she notifies a law enforcement 13 agency. 14 (720 ILCS 5/29D-15 new) 15 Sec. 29D-15. Soliciting material support for terrorism; 16 providing material support for a terrorist act. 17 (a) A person is guilty of soliciting material support 18 for terrorism if he or she knowingly raises, solicits, or 19 collects material support or resources knowing that the 20 material support or resources will be used, in whole or in 21 part, to plan, prepare, carry out, or avoid apprehension for 22 committing terrorism as defined in Section 29D-30 or causing 23 a catastrophe as defined in Section 20.5-5 (720 ILCS 24 5/20.5-5) of this Code, or who knows and intends that the 25 material support or resources so raised, solicited, or 26 collected will be used in the commission of a terrorist act 27 as defined in Section 29D-10(1) of this Code by an 28 organization designated under 8 U.S.C. 1189, as amended. It 29 is not an element of the offense that the defendant actually 30 knows that an organization has been designated under 8 U.S.C. 31 1189, as amended. 32 (b) A person is guilty of providing material support for 33 terrorism if he or she knowingly provides material support or HB2299 Enrolled -27- LRB9205089ARsb 1 resources to a person knowing that the person will use that 2 support or those resources in whole or in part to plan, 3 prepare, carry out, facilitate, or to avoid apprehension for 4 committing terrorism as defined in Section 29D-30 or to cause 5 a catastrophe as defined in Section 20.5-5 (720 ILCS 6 5/20.5-5) of this Code. 7 (c) Sentence. Soliciting material support for terrorism 8 is a Class X felony for which the sentence shall be a term of 9 imprisonment of no less than 9 years and no more than 40 10 years. Providing material support for a terrorist act is a 11 Class X felony for which the sentence shall be a term of 12 imprisonment of no less than 9 years and no more than 40 13 years. 14 (720 ILCS 5/29D-20 new) 15 Sec. 29D-20. Making a terrorist threat. 16 (a) A person is guilty of making a terrorist threat 17 when, with the intent to intimidate or coerce a significant 18 portion of a civilian population, he or she in any manner 19 knowingly threatens to commit or threatens to cause the 20 commission of a terrorist act as defined in Section 29D-10(1) 21 and thereby causes a reasonable expectation or fear of the 22 imminent commission of a terrorist act as defined in Section 23 29D-10(1) or of another terrorist act as defined in Section 24 29D-10(1). 25 (b) It is not a defense to a prosecution under this 26 Section that at the time the defendant made the terrorist 27 threat, unknown to the defendant, it was impossible to carry 28 out the threat, nor is it a defense that the threat was not 29 made to a person who was a subject or intended victim of the 30 threatened act. 31 (c) Sentence. Making a terrorist threat is a Class X 32 felony. HB2299 Enrolled -28- LRB9205089ARsb 1 (720 ILCS 5/29D-25 new) 2 Sec. 29D-25. Falsely making a terrorist threat. 3 (a) A person is guilty of falsely making a terrorist 4 threat when in any manner he or she knowingly makes a threat 5 to commit or cause to be committed a terrorist act as defined 6 in Section 29D-10(1) or otherwise knowingly creates the 7 impression or belief that a terrorist act is about to be or 8 has been committed, or in any manner knowingly makes a threat 9 to commit or cause to be committed a catastrophe as defined 10 in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code which he 11 or she knows is false. 12 (b) Sentence. Falsely making a terrorist threat is a 13 Class 1 felony. 14 (720 ILCS 5/29D-30 new) 15 Sec. 29D-30. Terrorism. 16 (a) A person is guilty of terrorism when, with the 17 intent to intimidate or coerce a significant portion of a 18 civilian population: 19 (1) he or she knowingly commits a terrorist act as 20 defined in Section 29D-10(1) of this Code within this 21 State; or 22 (2) he or she, while outside this State, knowingly 23 commits a terrorist act as defined in Section 29D-10(1) 24 of this Code that takes effect within this State or 25 produces substantial detrimental effects within this 26 State. 27 (b) Sentence. Terrorism is a Class X felony. If no 28 deaths are caused by the terrorist act, the sentence shall be 29 a term of 20 years to natural life imprisonment; however, if 30 the terrorist act caused the death of one or more persons, a 31 mandatory term of natural life imprisonment shall be the 32 sentence in the event the death penalty is not imposed. HB2299 Enrolled -29- LRB9205089ARsb 1 (720 ILCS 5/29D-35 new) 2 Sec. 29D-35. Hindering prosecution of terrorism. 3 (a) A person is guilty of hindering prosecution of 4 terrorism when he or she renders criminal assistance to a 5 person who has committed terrorism as defined in Section 6 29D-30 or caused a catastrophe, as defined in Section 20.5-5 7 of this Code when he or she knows that the person to whom he 8 or she rendered criminal assistance engaged in an act of 9 terrorism or caused a catastrophe. 10 (b) Hindering prosecution of terrorism is a Class X 11 felony, the sentence for which shall be a term of 20 years to 12 natural life imprisonment if no death was caused by the act 13 of terrorism committed by the person to whom the defendant 14 rendered criminal assistance and a mandatory term of natural 15 life imprisonment if death was caused by the act of terrorism 16 committed by the person to whom the defendant rendered 17 criminal assistance. 18 (720 ILCS 5/29D-40 new) 19 Sec. 29D-40. Restitution. In addition to any other 20 penalty that may be imposed, a court shall sentence any 21 person convicted of any violation of this Article to pay all 22 expenses incurred by the federal government, State 23 government, or any unit of local government in responding to 24 any violation and cleaning up following any violation. 25 (720 ILCS 5/29D-45 new) 26 Sec. 29D-45. Limitations. A prosecution for any offense 27 in this Article may be commenced at any time. 28 (720 ILCS 5/29D-60 new) 29 Sec. 29D-60. Injunctive relief. Whenever it appears to 30 the Attorney General or any State's Attorney that any person 31 is engaged in, or is about to engage in, any act that HB2299 Enrolled -30- LRB9205089ARsb 1 constitutes or would constitute a violation of this Article, 2 the Attorney General or any State's Attorney may initiate a 3 civil action in the circuit court to enjoin the violation. 4 (720 ILCS 5/29D-65 new) 5 Sec. 29D-65. Asset freeze, seizure, and forfeiture. 6 (a) Asset freeze, seizure, and forfeiture in connection 7 with a violation of this Article. 8 (1) Whenever it appears that there is probable 9 cause to believe that any person used, is using, is about 10 to use, or is intending to use property in any way that 11 constitutes or would constitute a violation of this 12 Article, the Attorney General or any State's Attorney may 13 make an ex parte application to the circuit court to 14 freeze or seize all the assets of that person and, upon a 15 showing of probable cause in the ex parte hearing, the 16 circuit court shall issue an order to freeze or seize all 17 assets of that person. A copy of the freeze or seize 18 order shall be served upon the person whose assets have 19 been frozen or seized and that person may, at any time 20 within 30 days of service, file a motion to release his 21 or her assets. Within 10 days that person is entitled to 22 a hearing. In any proceeding to release assets, the 23 burden of proof shall be by a preponderance of evidence 24 and shall be on the State to show that the person used, 25 was using, is about to use, or is intending to use any 26 property in any way that constitutes or would constitute 27 a violation of this Article. If the court finds that any 28 property was being used, is about to be used, or is 29 intended to be used in violation of or in any way that 30 would constitute a violation of this Article, the court 31 shall order such property frozen or held until further 32 order of the court. Any property so ordered held or 33 frozen shall be subject to forfeiture under the following HB2299 Enrolled -31- LRB9205089ARsb 1 procedure. Upon the request of the defendant, the court 2 may release frozen or seized assets sufficient to pay 3 attorney's fees for representation of the defendant at a 4 hearing conducted under this Section. 5 (2) If, within 60 days after any seizure or asset 6 freeze under subparagraph (1) of this Section, a person 7 having any property interest in the seized or frozen 8 property is charged with an offense, the court which 9 renders judgment upon the charge shall, within 30 days 10 after the judgment, conduct a forfeiture hearing to 11 determine whether the property was used, about to be 12 used, or intended to be used in violation of this Article 13 or in connection with any violation of this Article, or 14 was integrally related to any violation or intended 15 violation of this Article. The hearing shall be commenced 16 by a written petition by the State, including material 17 allegations of fact, the name and address of every person 18 determined by the State to have any property interest in 19 the seized or frozen property, a representation that 20 written notice of the date, time, and place of the 21 hearing has been mailed to every such person by certified 22 mail at least 10 days before the date, and a request for 23 forfeiture. Every such person may appear as a party and 24 present evidence at the hearing. The quantum of proof 25 required shall be preponderance of the evidence, and the 26 burden of proof shall be on the State. If the court 27 determines that the seized or frozen property was used, 28 about to be used, or intended to be used in violation of 29 this Article or in connection with any violation of this 30 Article, or was integrally related to any violation or 31 intended violation of this Article, an order of 32 forfeiture and disposition of the seized or frozen money 33 and property shall be entered. All property forfeited may 34 be liquidated and the resultant money together with any HB2299 Enrolled -32- LRB9205089ARsb 1 money forfeited shall be allocated among the 2 participating law enforcement agencies in such 3 proportions as may be determined to be equitable by the 4 court entering the forfeiture order, any such property so 5 forfeited shall be received by the State's Attorney or 6 Attorney General and upon liquidation shall be allocated 7 among the participating law enforcement agencies in such 8 proportions as may be determined equitable by the court 9 entering the forfeiture order. 10 (3) If a seizure or asset freeze under subparagraph 11 (1) of this subsection (a) is not followed by a charge 12 under this Article, or if the prosecution of the charge 13 is permanently terminated or indefinitely discontinued 14 without any judgment of conviction or a judgment of 15 acquittal is entered, the State's Attorney or Attorney 16 General shall commence an in rem proceeding for the 17 forfeiture of any seized money or other things of value, 18 or both, in the circuit court and any person having any 19 property interest in the money or property may commence 20 separate civil proceedings in the manner provided by law. 21 Any property so forfeited shall be allocated among the 22 participating law enforcement agencies in such 23 proportions as may be determined to be equitable by the 24 court entering the forfeiture order. 25 (b) Forfeiture of property acquired in connection with a 26 violation of this Article. 27 (1) Any person who commits any offense under this 28 Article shall forfeit, according to the provisions of 29 this Section, any moneys, profits, or proceeds, and any 30 interest or property in which the sentencing court 31 determines he or she has acquired or maintained, directly 32 or indirectly, in whole or in part, as a result of, or 33 used, was about to be used, or was intended to be used in 34 connection with the offense. The person shall also HB2299 Enrolled -33- LRB9205089ARsb 1 forfeit any interest in, security, claim against, or 2 contractual right of any kind which affords the person a 3 source of influence over any enterprise which he or she 4 has established, operated, controlled, conducted, or 5 participated in conducting, where his or her relationship 6 to or connection with any such thing or activity directly 7 or indirectly, in whole or in part, is traceable to any 8 item or benefit which he or she has obtained or acquired 9 through an offense under this Article or which he or she 10 used, about to use, or intended to use in connection with 11 any offense under this Article. Forfeiture under this 12 Section may be pursued in addition to or in lieu of 13 proceeding under subsection (a) of this Section. 14 (2) Proceedings instituted under this subsection 15 shall be subject to and conducted in accordance with the 16 following procedures: 17 (A) The sentencing court shall, upon petition 18 by the prosecuting agency, whether it is the 19 Attorney General or the State's Attorney, at any 20 time following sentencing, conduct a hearing to 21 determine whether any property or property interest 22 is subject to forfeiture under this subsection. At 23 the forfeiture hearing the People of the State of 24 Illinois shall have the burden of establishing, by a 25 preponderance of the evidence, that the property or 26 property interests are subject to forfeiture. 27 (B) In any action brought by the People of the 28 State of Illinois under this Section, the court 29 shall have jurisdiction to enter such restraining 30 orders, injunctions, or prohibitions, or to take 31 such other action in connection with any real, 32 personal, or mixed property, or other interest, 33 subject to forfeiture, as it shall consider proper. 34 (C) In any action brought by the People of the HB2299 Enrolled -34- LRB9205089ARsb 1 State of Illinois under this subsection in which any 2 restraining order, injunction, or prohibition or any 3 other action in connection with any property or 4 interest subject to forfeiture under this subsection 5 is sought, the circuit court presiding over the 6 trial of the person or persons charged with a 7 violation under this Article shall first determine 8 whether there is probable cause to believe that the 9 person or persons so charged have committed an 10 offense under this Article and whether the property 11 or interest is subject to forfeiture under this 12 subsection. In order to make this determination, 13 prior to entering any such order, the court shall 14 conduct a hearing without a jury in which the People 15 shall establish: (i) probable cause that the person 16 or persons so charged have committed an offense 17 under this Article; and (ii) probable cause that any 18 property or interest may be subject to forfeiture 19 under this subsection. The hearing may be conducted 20 simultaneously with a preliminary hearing if the 21 prosecution is commenced by information, or by 22 motion of the People at any stage in the 23 proceedings. The court may enter a finding of 24 probable cause at a preliminary hearing following 25 the filing of an information charging a violation of 26 this Article or the return of an indictment by a 27 grand jury charging an offense under this Article as 28 sufficient probable cause for purposes of this 29 subsection. Upon such a finding, the circuit court 30 shall enter such restraining order, injunction, or 31 prohibition or shall take such other action in 32 connection with any such property or other interest 33 subject to forfeiture under this subsection as is 34 necessary to ensure that the property is not removed HB2299 Enrolled -35- LRB9205089ARsb 1 from the jurisdiction of the court, concealed, 2 destroyed, or otherwise disposed of by the owner or 3 holder of that property or interest prior to a 4 forfeiture hearing under this subsection. The 5 Attorney General or State's Attorney shall file a 6 certified copy of the restraining order, injunction, 7 or other prohibition with the recorder of deeds or 8 registrar of titles of each county where any such 9 property of the defendant may be located. No such 10 injunction, restraining order, or other prohibition 11 shall affect the rights of any bona fide purchaser, 12 mortgagee, judgment creditor, or other lien holder 13 arising prior to the date of such filing. The court 14 may, at any time, upon verified petition by the 15 defendant, conduct a hearing to release all or 16 portions of any such property or interest which the 17 court previously determined to be subject to 18 forfeiture or subject to any restraining order, 19 injunction, prohibition, or other action. The court 20 may release the property to the defendant for good 21 cause shown and within the sound discretion of the 22 court. 23 (D) Upon a conviction of a person under this 24 Article, the court shall authorize the Attorney 25 General or State's Attorney to seize and sell all 26 property or other interest declared forfeited under 27 this Article, unless the property is required by law 28 to be destroyed or is harmful to the public. The 29 court may order the Attorney General or State's 30 Attorney to segregate funds from the proceeds of the 31 sale sufficient: (1) to satisfy any order of 32 restitution, as the court may deem appropriate; (2) 33 to satisfy any legal right, title, or interest which 34 the court deems superior to any right, title, or HB2299 Enrolled -36- LRB9205089ARsb 1 interest of the defendant at the time of the 2 commission of the acts which gave rise to forfeiture 3 under this subsection; or (3) to satisfy any 4 bona-fide purchaser for value of the right, title, 5 or interest in the property who was without 6 reasonable notice that the property was subject to 7 forfeiture. Following the entry of an order of 8 forfeiture, the Attorney General or State's Attorney 9 shall publish notice of the order and his or her 10 intent to dispose of the property. Within 30 days 11 following the publication, any person may petition 12 the court to adjudicate the validity of his or her 13 alleged interest in the property. After the 14 deduction of all requisite expenses of 15 administration and sale, the Attorney General or 16 State's Attorney shall distribute the proceeds of 17 the sale, along with any moneys forfeited or seized, 18 among participating law enforcement agencies in such 19 equitable portions as the court shall determine. 20 (E) No judge shall release any property or 21 money seized under subdivision (A) or (B) for the 22 payment of attorney's fees of any person claiming an 23 interest in such money or property. 24 (720 ILCS 5/29D-70 new) 25 Sec. 29D-70. Severability. If any clause, sentence, 26 Section, provision, or part of this Article or the 27 application thereof to any person or circumstance shall be 28 adjudged to be unconstitutional, the remainder of this 29 Article or its application to persons or circumstances other 30 than those to which it is held invalid, shall not be affected 31 thereby. 32 Section 17. The Boarding Aircraft With Weapon Act is HB2299 Enrolled -37- LRB9205089ARsb 1 amended by changing Section 7 as follows: 2 (720 ILCS 545/7) (from Ch. 38, par. 84-7) 3 Sec. 7. Sentence. Violation of this Act is a Class 4 4 felonyA misdemeanor. 5 (Source: P.A. 82-662.) 6 Section 20. The Code of Criminal Procedure of 1963 is 7 amended by changing Sections 108-4, 108A-6, 108B-1, 108B-2, 8 108B-3, 108B-4, 108B-5, 108B-7, 108B-8, 108B-9, 108B-10, 9 108B-11, 108B-12, and 108B-14 and adding Section 108B-7.5 as 10 follows: 11 (725 ILCS 5/108-4) (from Ch. 38, par. 108-4) 12 Sec. 108-4. Issuance of search warrant. 13 (a) All warrants upon written complaint shall state the 14 time and date of issuance and be the warrants of the judge 15 issuing the same and not the warrants of the court in which 16 he is then sitting and such warrants need not bear the seal 17 of the court or clerk thereof. The complaint on which the 18 warrant is issued need not be filed with the clerk of the 19 court nor with the court if there is no clerk until the 20 warrant has been executed or has been returned "not 21 executed". 22 The search warrant upon written complaint may be issued 23 electronically or electromagnetically by use of a facsimile 24 transmission machine and any such warrant shall have the same 25 validity as a written search warrant. 26 (b) Warrant upon oral testimony. 27 (1) General rule. When the offense in connection 28 with which a search warrant is sought constitutes 29 terrorism or any related offense as defined in Article 30 29D of the Criminal Code of 1961, and if the 31 circumstances make it reasonable to dispense, in whole or HB2299 Enrolled -38- LRB9205089ARsb 1 in part, with a written affidavit, a judge may issue a 2 warrant based upon sworn testimony communicated by 3 telephone or other appropriate means, including facsimile 4 transmission. 5 (2) Application. The person who is requesting the 6 warrant shall prepare a document to be known as a 7 duplicate original warrant and shall read such duplicate 8 original warrant, verbatim, to the judge. The judge shall 9 enter, verbatim, what is so read to the judge on a 10 document to be known as the original warrant. The judge 11 may direct that the warrant be modified. 12 (3) Issuance. If the judge is satisfied that the 13 offense in connection with which the search warrant is 14 sought constitutes terrorism or any related offense as 15 defined in Article 29D of the Criminal Code of 1961, that 16 the circumstances are such as to make it reasonable to 17 dispense with a written affidavit, and that grounds for 18 the application exist or that there is probable cause to 19 believe that they exist, the judge shall order the 20 issuance of a warrant by directing the person requesting 21 the warrant to sign the judge's name on the duplicate 22 original warrant. The judge shall immediately sign the 23 original warrant and enter on the face of the original 24 warrant the exact time when the warrant was ordered to be 25 issued. The finding of probable cause for a warrant upon 26 oral testimony may be based on the same kind of evidence 27 as is sufficient for a warrant upon affidavit. 28 (4) Recording and certification of testimony. When 29 a caller informs the judge that the purpose of the call 30 is to request a warrant, the judge shall immediately 31 place under oath each person whose testimony forms a 32 basis of the application and each person applying for 33 that warrant. If a voice recording device is available, 34 the judge shall record by means of the device all of the HB2299 Enrolled -39- LRB9205089ARsb 1 call after the caller informs the judge that the purpose 2 of the call is to request a warrant, otherwise a 3 stenographic or longhand verbatim record shall be made. 4 If a voice recording device is used or a stenographic 5 record made, the judge shall have the record transcribed, 6 shall certify the accuracy of the transcription, and 7 shall file a copy of the original record and the 8 transcription with the court. If a longhand verbatim 9 record is made, the judge shall file a signed copy with 10 the court. 11 (5) Contents. The contents of a warrant upon oral 12 testimony shall be the same as the contents of a warrant 13 upon affidavit. 14 (6) Additional rule for execution. The person who 15 executes the warrant shall enter the exact time of 16 execution on the face of the duplicate original warrant. 17 (7) Motion to suppress based on failure to obtain a 18 written affidavit. Evidence obtained pursuant to a 19 warrant issued under this subsection (b) is not subject 20 to a motion to suppress on the ground that the 21 circumstances were not such as to make it reasonable to 22 dispense with a written affidavit, absent a finding of 23 bad faith. All other grounds to move to suppress are 24 preserved. 25 (8) This subsection (b) is inoperative on and after 26 January 1, 2005. 27 (9) No evidence obtained pursuant to this subsection 28 (b) shall be inadmissable in a court of law by virtue of 29 subdivision (8). 30 (Source: P.A. 87-523.) 31 (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6) 32 Sec. 108A-6. Emergency Exception to Procedures. (a) 33 Notwithstanding any other provisions of this Article, any HB2299 Enrolled -40- LRB9205089ARsb 1 investigative or law enforcement officer, upon approval of a 2 State's Attorney, or without it if a reasonable effort has 3 been made to contact the appropriate State's Attorney, may 4 use an eavesdropping device in an emergency situation as 5 defined in this Section. Such use must be in accordance with 6 the provisions of this Section and may be allowed only where 7 the officer reasonably believes that an order permitting the 8 use of the device would issue were there a prior hearing. 9 An emergency situation exists when, without previous 10 notice to the law enforcement officer sufficient to obtain 11 prior judicial approval, the conversation to be overheard or 12 recorded will occur within a short period of time, the use of 13 the device is necessary for the protection of the law 14 enforcement officer or it will occur in a situation involving 15 a clear and present danger of imminent death or great bodily 16 harm to persons resulting from: (1) a kidnapping or the 17 holding of a hostage by force or the threat of the imminent 18 use of force; or (2) the occupation by force or the threat of 19 the imminent use of force of any premises, place, vehicle, 20 vessel or aircraft; or (3) any violation of Article 29D. 21 (b) In all such cases, an application for an order 22 approving the previous or continuing use of an eavesdropping 23 device must be made within 48 hours of the commencement of 24 such use. In the absence of such an order, or upon its 25 denial, any continuing use shall immediately terminate. 26 In order to approve such emergency use, the judge must 27 make a determination (1) that he would have granted an order 28 had the information been before the court prior to the use of 29 the device and (2) that there was an emergency situation as 30 defined in this Section. 31 (c) In the event that an application for approval under 32 this Section is denied the contents of the conversations 33 overheard or recorded shall be treated as having been 34 obtained in violation of this Article. HB2299 Enrolled -41- LRB9205089ARsb 1 (Source: P.A. 86-763.) 2 (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1) 3 Sec. 108B-1. Definitions. For the purpose of this 4 Article: 5 (a) "Aggrieved person" means a person who was a party to 6 any intercepted privatewire or oralcommunication or any 7 person against whom the intercept was directed. 8 (b) "Chief Judge" means, when referring to a judge 9 authorized to receive application for, and to enter orders 10 authorizing, interceptions of privateoralcommunications, 11 the Chief Judge of the Circuit Court wherein the application 12 for order of interception is filed, or a Circuit Judge 13 designated by the Chief Judge to enter these orders. In 14 circuits other than the Cook County Circuit, "Chief Judge" 15 also means, when referring to a judge authorized to receive 16 application for, and to enter orders authorizing, 17 interceptions of privateoralcommunications, an Associate 18 Judge authorized by Supreme Court Rule to try felony cases 19 who is assigned by the Chief Judge to enter these orders. 20 After assignment by the Chief Judge, an Associate Judge shall 21 have plenary authority to issue orders without additional 22 authorization for each specific application made to him by 23 the State's Attorney until the time the Associate Judge's 24 power is rescinded by the Chief Judge. 25 (c) "Communications common carrier" means any person 26 engaged as a common carrierfor hirein the transmission of 27 communications by wire or radio, not including radio 28 broadcasting. 29 (d) "Contents" includes information obtained from a 30 privateoralcommunication concerning the existence, 31 substance, purport or meaning of the communication, or the 32 identity of a party of the communication. 33 (e) "Court of competent jurisdiction" means any circuit HB2299 Enrolled -42- LRB9205089ARsb 1 court. 2 (f) "Department" means Illinois Department of State 3 Police. 4 (g) "Director" means Director of the Illinois Department 5 of State Police. 6 (g-1) "Electronic communication" means any transfer of 7 signs, signals, writing, images, sounds, data, or 8 intelligence of any nature transmitted in whole or part by a 9 wire, radio, pager, computer, or electromagnetic, photo 10 electronic, or photo optical system where the sending and 11 receiving parties intend the electronic communication to be 12 private and the interception, recording, or transcription of 13 the electronic communication is accomplished by a device in a 14 surreptitious manner contrary to the provisions of this 15 Article. "Electronic communication" does not include: 16 (1) any wire or oral communication; or 17 (2) any communication from a tracking device. 18 (h) "Electronic criminal surveillance device" or 19 "eavesdropping device" means any device or apparatus, or 20 computer program including an induction coil, that can be 21 used to intercept private communicationhuman speechother 22 than: 23 (1) Any telephone, telegraph or telecommunication 24 instrument, equipment or facility, or any component of 25 it, furnished to the subscriber or user by a 26 communication common carrier in the ordinary course of 27 its business, or purchased by any person and being used 28 by the subscriber, user or person in the ordinary course 29 of his business, or being used by a communications common 30 carrier in the ordinary course of its business, or by an 31 investigative or law enforcement officer in the ordinary 32 course of his duties; or 33 (2) A hearing aid or similar device being used to 34 correct subnormal hearing to not better than normal. HB2299 Enrolled -43- LRB9205089ARsb 1 (i) "Electronic criminal surveillance officer" means any 2 law enforcement officer of the United States or of the State 3 or political subdivision of it, or of another State, or of a 4 political subdivision of it, who is certified by the Illinois 5 Department of State Police to intercept privateoral6 communications. 7 (j) "In-progress trace" means to determine the origin of 8 a wire communication to a telephone or telegraph instrument, 9 equipment or facility during the course of the communication. 10 (k) "Intercept" means the aural or other acquisition of 11 the contents of any privateoralcommunication through the 12 use of any electronic criminal surveillance device. 13 (l) "Journalist" means a person engaged in, connected 14 with, or employed by news media, including newspapers, 15 magazines, press associations, news agencies, wire services, 16 radio, television or other similar media, for the purpose of 17 gathering, processing, transmitting, compiling, editing or 18 disseminating news for the general public. 19 (m) "Law enforcement agency" means any law enforcement 20 agency of the United States, or the State or a political 21 subdivision of it. 22 (n) "Oral communication" means human speech used to 23 communicate by one party to another, in person, by wire 24 communication or by any other means. 25 (o) "Privateoralcommunication" means a wire,ororal, 26 or electronic communication uttered or transmitted by a 27 person exhibiting an expectation that the communication is 28 not subject to interception, under circumstances reasonably 29 justifying the expectation. Circumstances that reasonably 30 justify the expectation that a communication is not subject 31 to interception include the use of a cordless telephone or 32 cellular communication device. 33 (p) "Wire communication" means any human speech used to 34 communicate by one party to another in whole or in part HB2299 Enrolled -44- LRB9205089ARsb 1 through the use of facilities for the transmission of 2 communications by wire, cable or other like connection 3 between the point of origin and the point of reception 4 furnished or operated by a communications common carrier. 5 (q) "Privileged communications" means a privateoral6 communication between: 7 (1) a licensed and practicing physician and a 8 patient within the scope of the profession of the 9 physician; 10 (2) a licensed and practicing psychologist to a 11 patient within the scope of the profession of the 12 psychologist; 13 (3) a licensed and practicing attorney-at-law and a 14 client within the scope of the profession of the lawyer; 15 (4) a practicing clergyman and a confidant within 16 the scope of the profession of the clergyman; 17 (5) a practicing journalist within the scope of his 18 profession; 19 (6) spouses within the scope of their marital 20 relationship; or 21 (7) a licensed and practicing social worker to a 22 client within the scope of the profession of the social 23 worker. 24 (Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.) 25 (725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2) 26 Sec. 108B-2. Request for application for interception. 27 (a) A State's Attorney may apply for an order authorizing 28 interception of privateoralcommunications in accordance 29 with the provisions of this Article. 30 (b) The head of a law enforcement agency, including, for 31 purposes of this subsection, the acting head of such law 32 enforcement agency if the head of such agency is absent or 33 unable to serve, may request that a State's Attorney apply HB2299 Enrolled -45- LRB9205089ARsb 1 for an order authorizing interception of privateoral2 communications in accordance with the provisions of this 3 Article. 4 Upon request of a law enforcement agency, the Department 5 may provide technical assistance to such an agency which is 6 authorized to conduct an interception. 7 (Source: P.A. 85-1203.) 8 (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) 9 Sec. 108B-3. Authorization for the interception of 10 privateoralcommunication. 11 (a) The State's Attorney, or a person designated in 12 writing or by law to act for him and to perform his duties 13 during his absence or disability, may authorize, in writing, 14 an ex parte application to the chief judge of a court of 15 competent jurisdiction for an order authorizing the 16 interception of a private oral communication when no party 17 has consented to the interception and (i) the interception 18 may provide evidence of, or may assist in the apprehension of 19 a person who has committed, is committing or is about to 20 commit, a violation of Section 8-1.1 (solicitation of 21 murder), 8-1.2 (solicitation of murder for hire), 9-1 (first 22 degree murder), or 29B-1 (money laundering) of the Criminal 23 Code of 1961, Section 401, 401.1 (controlled substance 24 trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of 25 the Illinois Controlled Substances Act, a violation of 26 Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, 27 or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 28 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 29 1961 or conspiracy to commit money laundering or conspiracy 30 to commit first degree murder; (ii) in response to a clear 31 and present danger of imminent death or great bodily harm to 32 persons resulting from: (1) a kidnapping or the holding of a 33 hostage by force or the threat of the imminent use of force; HB2299 Enrolled -46- LRB9205089ARsb 1 or (2) the occupation by force or the threat of the imminent 2 use of force of any premises, place, vehicle, vessel or 3 aircraft; (iii) to aid an investigation or prosecution of a 4 civil action brought under the Illinois Streetgang Terrorism 5 Omnibus Prevention Act when there is probable cause to 6 believe the interception of the private oral communication 7 will provide evidence that a streetgang is committing, has 8 committed, or will commit a second or subsequent gang-related 9 offense or that the interception of the private oral 10 communication will aid in the collection of a judgment 11 entered under that Act; or (iv) upon information and belief 12 that a streetgang has committed, is committing, or is about 13 to commit a felony. 14 (b) The State's Attorney or a person designated in 15 writing or by law to act for the State's Attorney and to 16 perform his or her duties during his or her absence or 17 disability, may authorize, in writing, an ex parte 18 application to the chief judge of a circuit court for an 19 order authorizing the interception of a private communication 20 when no party has consented to the interception and the 21 interception may provide evidence of, or may assist in the 22 apprehension of a person who has committed, is committing or 23 is about to commit, a violation of an offense under Article 24 29D of the Criminal Code of 1961. 25 (b-1) Subsection (b) is inoperative on and after January 26 1, 2005. 27 (b-2) No conversations recorded or monitored pursuant to 28 subsection (b) shall be made inadmissable in a court of law 29 by virtue of subsection (b-1). 30 (c) As used in this Section, "streetgang" and 31 "gang-related" have the meanings ascribed to them in Section 32 10 of the Illinois Streetgang Terrorism Omnibus Prevention 33 Act. 34 (Source: P.A. 88-249; 88-677, eff. 12-15-94.) HB2299 Enrolled -47- LRB9205089ARsb 1 (725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4) 2 Sec. 108B-4. Application for order of interception. (a) 3 Each application for an order of authorization to intercept a 4 privateoralcommunication shall be made in writing upon oath 5 or affirmation and shall include: 6 (1) The authority of the applicant to make the 7 application; 8 (2) The identity of the electronic criminal surveillance 9 officer for whom the authority to intercept a privateoral10 communication is sought; 11 (3) The facts relied upon by the applicant including: 12 (i) The identity of the particular person, if known, who 13 is committing, is about to commit, or has committed the 14 offense and whose private communication is to be intercepted; 15 (ii) The details as to the particular offense that has 16 been, is being, or is about to be committed; 17 (iii) The particular type of private communication to be 18 intercepted; 19 (iv) Except as provided in Section 108B-7.5, a showing 20 that there is probable cause to believe that the private 21 communication will be communicated on the particular wire or 22 electronic communication facility involved or at the 23 particular place where the oral communication is to be 24 intercepted; 25 (v) Except as provided in Section 108B-7.5, the 26 character and location of the particular wire or electronic 27 communication facilities involved or the particular place 28 where the oral communication is to be intercepted; 29 (vi) The objective of the investigation; 30 (vii) A statement of the period of time for which the 31 interception is required to be maintained, and, if the 32 objective of the investigation is such that the authorization 33 for interception should not automatically terminate when the 34 described type of communication has been first obtained, a HB2299 Enrolled -48- LRB9205089ARsb 1 particular statement of facts establishing probable cause to 2 believe that additional communications of the same type will 3 continue to occur; 4 (viii) A particular statement of facts showing that 5 other normal investigative procedures with respect to the 6 offense have been tried and have failed, or reasonably appear 7 to be unlikely to succeed if tried, or are too dangerous to 8 employ; 9 (4) Where the application is for the extension of an 10 order, a statement of facts showing the results obtained from 11 the interception, or a reasonable explanation of the failure 12 to obtain results; 13 (5) A statement of the facts concerning all previous 14 applications known to the applicant made to any court for 15 authorization to intercept a privatean oral, electronic, or16wirecommunication involving any of the same facilities or 17 places specified in the application or involving any person 18 whose communication is to be intercepted, and the action 19 taken by the court on each application; 20 (6) A proposed order of authorization for consideration 21 by the judge; and 22 (7) Such additional statements of facts in support of 23 the application on which the applicant may rely or as the 24 chief judge may require. 25 (b) As part of the consideration of that part of an 26 application for which there is no corroborative evidence 27 offered, the chief judge may inquire in camera as to the 28 identity of any informant or request any other additional 29 information concerning the basis upon which the State's 30 Attorney, or the head of the law enforcement agency has 31 relied in making an application or a request for application 32 for the order of authorization which the chief judge finds 33 relevant to the determination of probable cause under this 34 Article. HB2299 Enrolled -49- LRB9205089ARsb 1 (Source: P.A. 85-1203.) 2 (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5) 3 Sec. 108B-5. Requirements for order of interception. 4 Upon consideration of an application, the chief judge may 5 enter an ex parte order, as requested or as modified, 6 authorizing the interception of a privateoralcommunication, 7 if the chief judge determines on the basis of the application 8 submitted by the applicant, that: 9 (1) There is probable cause for belief that (a) the 10 person whose private communication is to be intercepted is 11 committing, has committed, or is about to commit an offense 12 enumerated in Section 108B-3, or (b) the facilities from 13 which, or the place where, the privateoralcommunication is 14 to be intercepted, is, has been, or is about to be used in 15 connection with the commission of the offense, or is leased 16 to, listed in the name of, or commonly used by, the person; 17 and 18 (2) There is probable cause for belief that a particular 19 private communication concerning such offense may be obtained 20 through the interception; and 21 (3) Normal investigative procedures with respect to the 22 offense have been tried and have failed or reasonably appear 23 to be unlikely to succeed if tried or too dangerous to 24 employ; and 25 (4) The electronic criminal surveillance officers to be 26 authorized to supervise the interception of the privateoral27 communication have been certified by the Department. 28 (b) In the case of an application, other than for an 29 extension, for an order to intercept a communication of a 30 person or on a wire communication facility that was the 31 subject of a previous order authorizing interception, the 32 application shall be based upon new evidence or information 33 different from and in addition to the evidence or information HB2299 Enrolled -50- LRB9205089ARsb 1 offered to support the prior order, regardless of whether the 2 evidence was derived from prior interceptions or from other 3 sources. 4 (c) The chief judge may authorize interception of a 5 privateoralcommunication anywhere in the judicial circuit. 6 If the court authorizes the use of an eavesdropping device 7 with respect to a vehicle, watercraft, or aircraft that is 8 within the judicial circuit at the time the order is issued, 9 the order may provide that the interception may continue 10 anywhere within the State if the vehicle, watercraft, or 11 aircraft leaves the judicial circuit. 12 (Source: P.A. 85-1203.) 13 (725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7) 14 Sec. 108B-7. Contents of order for use of eavesdropping 15 device. (a) Each order authorizing the interception of a 16 privateoralcommunication shall state: 17 (1) The chief judge is authorized to issue the order; 18 (2) The identity of, or a particular description of, the 19 person, if known, whose private communications are to be 20 intercepted; 21 (3) The character and location of the particular wire 22 communication facilities as to which, or the particular place 23 of the communications as to which, authority to intercept is 24 granted; 25 (4) A particular description of the type of private 26 communication to be intercepted and a statement of the 27 particular offense to which it relates; 28 (5) The identity and certification of the electronic 29 criminal surveillance officers to whom the authority to 30 intercept a privateoralcommunication is given and the 31 identity of the person who authorized the application; and 32 (6) The period of time during which the interception is 33 authorized, including a statement as to whether or not the HB2299 Enrolled -51- LRB9205089ARsb 1 interception shall automatically terminate when the described 2 communication has been first obtained. 3 (b) No order entered under this Section shall authorize 4 the interception of privateoralcommunications for a period 5 of time in excess of that necessary to achieve the objective 6 of the authorization. Every order entered under this Section 7 shall require that the interception begin and terminate as 8 soon as practicable and be conducted in such a manner as to 9 minimize the interception of communications not otherwise 10 subject to interception. No order, other than for an 11 extension, entered under this Section may authorize the 12 interception of privateoralcommunications for any period 13 exceeding 30 days. Extensions of an order may be granted for 14 periods of not more than 30 days. No extension shall be 15 granted unless an application for it is made in accordance 16 with Section 108B-4 and the judge makes the findings required 17 by Section 108B-5 and, where necessary, Section 108B-6. 18 (c) Whenever an order authorizing an interception is 19 entered, the order shall require reports to be made to the 20 chief judge who issued the order showing what progress has 21 been made toward achievement of the authorized objective and 22 the need for continued interception. The reports shall be 23 made at such intervals as the judge may require. 24 (d) An order authorizing the interception of a private 25oralcommunication shall, upon request of the applicant, 26 direct that a communications common carrier, landlord, owner, 27 building operator, custodian, or other person furnish the 28 applicant forthwith all information, facilities and technical 29 assistance necessary to accomplish the interception 30 unobtrusively and with a minimum of interference with the 31 services that the carrier, owner, building operator, 32 landlord, custodian, or person is affording the person whose 33 communication is to be intercepted. The obligation of a 34 communications common carrier under the order may include HB2299 Enrolled -52- LRB9205089ARsb 1 conducting an in-progress trace during an interception. Any 2 communications common carrier, landlord, owner, building 3 operator, custodian, or person furnishing the facilities or 4 technical assistance shall be compensated by the applicant at 5 the prevailing rates. 6 (e) A communications common carrier, landlord, owner, 7 building operator, custodian, or other person who has been 8 provided with an order issued under this Article shall not 9 disclose the existence of the order of interception, or of a 10 device used to accomplish the interception unless: 11 (1) He is required to do so by legal process; and 12 (2) He has given prior notification to the State's 13 Attorney, who has authorized the application for the order. 14 (f) An order authorizing the interception of a private 15oralcommunication shall, upon the request of the applicant, 16 authorize the entry into the place or facilities by 17 electronic criminal surveillance officers as often as 18 necessary for the purpose of installing, maintaining or 19 removing an intercepting device where the entry is necessary 20 to conduct or complete the interception. The chief judge who 21 issues the order shall be notified of the fact of each entry 22 prior to entry, if practicable, and, in any case, within 48 23 hours of entry. 24 (g) (1) Notwithstanding any provision of this Article, 25 any chief judge of a court of competent jurisdiction to which 26 any application is made under this Article may take any 27 evidence, make any finding, or issue any order to conform the 28 proceedings or the issuance of any order to the Constitution 29 of the United States, or of any law of the United States or 30 to the Constitution of the State of Illinois or to the laws 31 of Illinois. 32 (2) When the language of this Article is the same or 33 similar to the language of Title III of P.L. 90-351 (82 Stat. 34 211 et seq., codified at, 18 U.S.C. 2510 et seq.), the courts HB2299 Enrolled -53- LRB9205089ARsb 1 of this State in construing this Article shall follow the 2 construction given to Federal law by the United States 3 Supreme Court or United States Court of Appeals for the 4 Seventh Circuit. 5 (Source: P.A. 85-1203.) 6 (725 ILCS 5/108B-7.5 new) 7 Sec. 108B-7.5. Applicability. 8 (a) The requirements of subdivisions (a)(3)(iv) and 9 (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 10 108B-5, and subdivision (a)(3) of Section 108B-7 of this 11 Article relating to the specification of the facilities from 12 which, or the place where, the communication is to be 13 intercepted do not apply if: 14 (1) in the case of an application with respect to 15 the interception of an oral communication: 16 (A) the application is by the State's 17 Attorney, or a person designated in writing or by 18 law to act for the State's Attorney and to perform 19 his or her duties during his or her absence or 20 disability; 21 (B) the application contains a full and 22 complete statement as to why such specification is 23 not practical and identifies the person committing 24 the offense and whose communications are to be 25 intercepted; 26 (C) the judge finds that such specification is 27 not practical; and 28 (D) the order sought is in connection with an 29 investigation of a violation of Article 29D of the 30 Criminal Code of 1961. 31 (2) in the case of an application with respect to a 32 wire or electronic communication: 33 (A) the application is by the State's HB2299 Enrolled -54- LRB9205089ARsb 1 Attorney, or a person designated in writing or by 2 law to act for the State's Attorney and to perform 3 his or her duties during his or her absence or 4 disability; 5 (B) the application identifies the person 6 believed to be committing the offense and whose 7 communications are to be intercepted and the 8 applicant makes a showing that there is probable 9 cause to believe that the person's actions could 10 have the effect of thwarting interception from a 11 specified facility; 12 (C) the judge finds that such showing has been 13 adequately made; 14 (D) the order authorizing or approving the 15 interception is limited to interception only for 16 such time as it is reasonable to presume that the 17 person identified in the application is or was 18 reasonably proximate to the instrument through which 19 such communication will be or was transmitted; and 20 (E) the order sought is in connection with an 21 investigation of a violation of Article 29D of the 22 Criminal Code of 1961. 23 (b) An interception of a communication under an order 24 with respect to which the requirements of subdivisions 25 (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision 26 (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 27 108B-7 of this Article do not apply by reason of this Section 28 shall not begin until the place where the communication is to 29 be intercepted is ascertained by the person implementing the 30 interception order. A provider of wire or electronic 31 communications service that has received an order as provided 32 for in subdivision (a)(2) may upon notice to the People move 33 the court to modify or quash the order on the ground that its 34 assistance with respect to the interception cannot be HB2299 Enrolled -55- LRB9205089ARsb 1 performed in a timely or reasonable fashion. The court shall 2 decide such a motion expeditiously. 3 (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8) 4 Sec. 108B-8. Emergency use of eavesdropping device. (a) 5 Whenever, upon informal application by the State's Attorney, 6 a chief judge of competent jurisdiction determines that: 7 (1) There may be grounds upon which an order could be 8 issued under this Article; 9 (2) There is probable cause to believe that an emergency 10 situation exists with respect to the investigation of an 11 offense enumerated in Section 108B-3; and 12 (3) There is probable cause to believe that a 13 substantial danger to life or limb exists justifying the 14 authorization for immediate interception of a privateoral15 communication before formal application for an order could 16 with due diligence be submitted to him and acted upon; the 17 chief judge may grant oral approval for an interception, 18 without an order, conditioned upon the filing with him, 19 within 48 hours, of an application for an order under Section 20 108B-4 which shall also recite the oral approval under this 21 Section and be retroactive to the time of the oral approval. 22 (b) Interception under oral approval under this Section 23 shall immediately terminate when the communication sought is 24 obtained or when the application for an order is denied, 25 whichever is earlier. 26 (c) In the event no formal application for an order is 27 subsequently made under this Section, the content of any 28 privateoralcommunication intercepted under oral approval 29 under this Section shall be treated as having been obtained 30 in violation of this Article. 31 (d) In the event no application for an order is made 32 under this Section or an application made under this Section 33 is subsequently denied, the judge shall cause an inventory to HB2299 Enrolled -56- LRB9205089ARsb 1 be served under Section 108B-11 of this Article and shall 2 require the tape or other recording of the intercepted 3 communication to be delivered to, and sealed by, the judge. 4 The evidence shall be retained by the court, and it shall not 5 be used or disclosed in any legal proceeding, except a civil 6 action brought by an aggrieved person under Section 14-6 of 7 the Criminal Code of 1961, or as otherwise authorized by the 8 order of a court of competent jurisdiction. In addition to 9 other remedies or penalties provided by law, failure to 10 deliver any tape or other recording to the chief judge shall 11 be punishable as contempt by the judge directing the 12 delivery. 13 (Source: P.A. 85-1203.) 14 (725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9) 15 Sec. 108B-9. Recordings, records and custody. 16 (a) Any privateoralcommunication intercepted in 17 accordance with this Article shall, if practicable, be 18 recorded by tape or other comparable method. The recording 19 shall, if practicable, be done in such a way as will protect 20 it from editing or other alteration. During an interception, 21 the interception shall be carried out by an electronic 22 criminal surveillance officer or court approved designee, 23 and, if practicable, such officer shall keep a signed, 24 written record, including: 25 (1) The date and hours of surveillance; 26 (2) The time and duration of each intercepted 27 communication; 28 (3) The parties, if known, to each intercepted 29 conversation; and 30 (4) A summary of the contents of each intercepted 31 communication. 32 (b) Immediately upon the expiration of the order or its 33 extensions, the tapes and other recordings shall be HB2299 Enrolled -57- LRB9205089ARsb 1 transferred to the chief judge issuing the order and sealed 2 under his direction. Custody of the tapes, or other 3 recordings, shall be maintained wherever the chief judge 4 directs. They shall not be destroyed except upon an order of 5 a court of competent jurisdiction and in any event shall be 6 kept for 10 years. Duplicate tapes or other recordings may 7 be made for disclosure or use under paragraph (a) of Section 8 108B-2a of this Article. The presence of the seal provided 9 by this Section, or a satisfactory explanation for its 10 absence, shall be a prerequisite for the disclosure of the 11 contents of any privateoralcommunication, or evidence 12 derived from it, under paragraph (b) of Section 108B-2a of 13 this Article. 14 (Source: P.A. 86-763.) 15 (725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10) 16 Sec. 108B-10. Applications, orders, and custody. 17 (a) Applications made and orders granted under this 18 Article for the interception of privateoralcommunications 19 shall be sealed by the chief judge issuing or denying them 20 and held in custody as the judge shall direct. The 21 applications and orders shall be kept for a period of 10 22 years. Destruction of the applications and orders prior to 23 the expiration of that period of time may be made only upon 24 the order of a court of competent jurisdiction. Disclosure 25 of the applications and orders may be ordered by a court of 26 competent jurisdiction on a showing of good cause. 27 (b) The electronic criminal surveillance officer shall 28 retain a copy of applications and orders for the interception 29 of privateoralcommunications. The applications and orders 30 shall be kept for a period of 10 years. Destruction of the 31 applications and orders prior to the expiration of that 32 period of time may be made only upon an order of a court of 33 competent jurisdiction. Disclosure and use of the HB2299 Enrolled -58- LRB9205089ARsb 1 applications and orders may be made by an electronic criminal 2 surveillance officer only in the proper performance of his 3 official duties. 4 (c) In addition to any other remedies or penalties 5 provided by law, any violation of this Section shall be 6 punishable as contempt of court. 7 (Source: P.A. 85-1203.) 8 (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11) 9 Sec. 108B-11. Inventory. 10 (a) Within a reasonable period of time but not later than 11 90 days after the termination of the period of the order, or 12 its extensions, or the date of the denial of an application 13 made under Section 108B-8, the chief judge issuing or denying 14 the order or extension shall cause an inventory to be served 15 on any person: 16 (1) Named in the order; 17 (2) Arrested as a result of the interception of his 18 privateoralcommunication; 19 (3) Indicted or otherwise charged as a result of the 20 interception of his privateoralcommunication; 21 (4) Any person whose privateoralcommunication was 22 intercepted and who the judge issuing or denying the order or 23 application may in his discretion determine should be 24 informed in the interest of justice. 25 (b) The inventory under this Section shall include: 26 (1) Notice of the entry of the order or the application 27 for an order denied under Section 108B-8; 28 (2) The date of the entry of the order or the denial of 29 an order applied for under Section 108B-8; 30 (3) The period of authorized or disapproved 31 interception; and 32 (4) The fact that during the period a privateoral33 communication was or was not intercepted. HB2299 Enrolled -59- LRB9205089ARsb 1 (c) A court of competent jurisdiction, upon filing of a 2 motion, may in its discretion make available to those persons 3 or their attorneys for inspection those portions of the 4 intercepted communications, applications and orders as the 5 court determines to be in the interest of justice. 6 (d) On an ex parte showing of good cause to a court of 7 competent jurisdiction, the serving of the inventories 8 required by this Section may be postponed for a period not to 9 exceed 12 months. 10 (Source: P.A. 85-1203.) 11 (725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12) 12 Sec. 108B-12. Approval, notice, suppression. 13 (a) If an electronic criminal surveillance officer, 14 while intercepting a privateoralcommunication in accordance 15 with the provision of this Article, intercepts a privateoral16 communication that relates to an offense other than an 17 offense enumerated in Section 108B-3 of the Act, or relates 18 to an offense enumerated in Section 108B-3 but not specified 19 in the order of authorization, the State's Attorney, or a 20 person designated in writing or by law to act for him, may, 21 in order to permit the disclosure or use of the information 22 under Section 108B-2a of this Act, make a motion for an order 23 approving the interception. The chief judge of a court of 24 competent jurisdiction shall enter an order approving the 25 interception if he finds that at the time of the application, 26 there existed probable cause to believe that a person whose 27 privateoralcommunication was intercepted was committing or 28 had committed an offense and the content of the communication 29 relates to that offense, and that the communication was 30 otherwise intercepted in accordance with the provisions of 31 this Article. 32 (b) An intercepted privateoralcommunication, or 33 evidence derived from it, may not be received in evidence or HB2299 Enrolled -60- LRB9205089ARsb 1 otherwise disclosed in an official proceeding unless each 2 aggrieved person who is a party in the official proceeding, 3 including any proceeding before a legislative, judicial, 4 administrative or other governmental agency or official 5 authorized to hear evidence under oath or other person taking 6 testimony or depositions in any such proceeding, other than a 7 grand jury, has, not less than 10 days before the official 8 proceeding, been furnished with a copy of the court order, 9 and the accompanying application, under which the 10 interception was authorized or approved. The 10 day period 11 may be waived by the presiding official if he finds that it 12 was not practicable to furnish the person with the 13 information 10 days before the proceeding, and that the 14 person will not be or has not been prejudiced by delay in 15 receiving the information. 16 (c) An aggrieved person in an official proceeding may 17 make a motion under this Section to suppress the contents of 18 an intercepted privateoralcommunication, or evidence 19 derived from it, on the grounds that: 20 (1) The communication was unlawfully intercepted; 21 (2) The order of authorization or approval under which 22 it was intercepted is insufficient on its face; or 23 (3) The interception was not made in conformity with the 24 order of authorization or approval or at the time of the 25 application there was not probable cause to believe that the 26 aggrieved person was committing or had committed the offense 27 to which the content of the private communication relates. 28 (d) If a motion under this Section duly alleges that the 29 evidence sought to be suppressed in an official proceeding, 30 including a grand jury, has been derived from an unlawfully 31 intercepted privateoralcommunication, and if the aggrieved 32 person who is a party has not been served with notice of the 33 interception under this Section, the opponent of the 34 allegation shall, after conducting a thorough search of its HB2299 Enrolled -61- LRB9205089ARsb 1 files, affirm or deny the occurrence of the alleged unlawful 2 interception, but no motion shall be considered if the 3 alleged unlawful interception took place more than 5 years 4 before the event to which the evidence relates. 5 (e) Where a motion is duly made under this Section prior 6 to the appearance of a witness before a grand jury, the 7 opponent of the motion may make such applications and orders 8 as it has available to the chief judge of a court of 9 competent jurisdiction in camera, and if the judge determines 10 that there is no defect in them sufficient on its face to 11 render them invalid, the judge shall inform the witness that 12 he has not been the subject of an unlawful interception. If 13 the judge determines that there is a defect in them 14 sufficient on its face to render them invalid, he shall enter 15 an order prohibiting any question being put to the witness 16 based on the unlawful interception. 17 (f) Motions under this Section shall be made prior to 18 the official proceeding unless there was no opportunity to 19 make the motion or unless the aggrieved person who is a party 20 was not aware of the grounds for the motion. Motions by 21 co-indictees shall, on motion of the People, be heard in a 22 single consolidated hearing. 23 (g) A chief judge of a court of competent jurisdiction, 24 upon the filing of a motion by an aggrieved person who is a 25 party under this Section, except before a grand jury, may 26 make available for inspection by the aggrieved person or his 27 attorney such portions of the intercepted private 28 communications, applications and orders or the evidence 29 derived from them as the judge determines to be in the 30 interest of justice. 31 (h) If a motion under this Section is granted, the 32 intercepted privateoralcommunication, and evidence derived 33 from it, may not be received in evidence in an official 34 proceeding, including a grand jury. HB2299 Enrolled -62- LRB9205089ARsb 1 (i) In addition to any other right of appeal, the People 2 shall have the right to appeal from an order granting a 3 motion to suppress if the official to whom the order 4 authorizing the interception was granted certifies to the 5 court that the appeal is not taken for purposes of delay. 6 The appeal shall otherwise be taken in accordance with the 7 law. 8 (Source: P.A. 85-1203.) 9 (725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14) 10 Sec. 108B-14. Training. 11 (a) The Director of the Illinois Department of State 12 Police shall: 13 (1) Establish a course of training in the legal, 14 practical, and technical aspects of the interception of 15 privateoralcommunications and related investigation and 16 prosecution techniques; 17 (2) Issue regulations as he finds necessary for the 18 training program; 19 (3) In cooperation with the Illinois Law 20 Enforcement Training Standards Board, set minimum 21 standards for certification and periodic recertification 22 of electronic criminal surveillance officers as eligible 23 to apply for orders authorizing the interception of 24 privateoralcommunications, to conduct the 25 interceptions, and to use the private communications or 26 evidence derived from them in official proceedings; and 27 (4) In cooperation with the Illinois Law 28 Enforcement Training Standards Board, revoke or suspend 29 the certification of any electronic criminal surveillance 30 officer who has violated any law relating to electronic 31 criminal surveillance, or any of the guidelines 32 established by the Department for conducting electronic 33 criminal surveillance. HB2299 Enrolled -63- LRB9205089ARsb 1 (b) The Executive Director of the Illinois Law 2 Enforcement Training Standards Board shall: 3 (1) Pursuant to the Illinois Police Training Act, 4 review the course of training prescribed by the 5 Department for the purpose of certification relating to 6 reimbursement of expenses incurred by local law 7 enforcement agencies participating in the electronic 8 criminal surveillance officer training process, and 9 (2) Assist the Department in establishing minimum 10 standards for certification and periodic recertification 11 of electronic criminal surveillance officers as being 12 eligible to apply for orders authorizing the interception 13 of privateoralcommunications, to conduct the 14 interpretations, and to use the communications or 15 evidence derived from them in official proceedings. 16 (Source: P.A. 88-586, eff. 8-12-94.) 17 Section 21. The Statewide Grand Jury Act is amended by 18 changing Sections 2, 3, 4, and 10 as follows: 19 (725 ILCS 215/2) (from Ch. 38, par. 1702) 20 Sec. 2. (a) County grand juries and State's Attorneys 21 have always had and shall continue to have primary 22 responsibility for investigating, indicting, and prosecuting 23 persons who violate the criminal laws of the State of 24 Illinois. However, in recent years organized terrorist 25 activity directed against innocent civilians and certain 26 criminal enterprises have developed that require 27 investigation, indictment, and prosecution on a statewide or 28 multicounty level. The criminalTheseenterprises exist as a 29 result of the allure of profitability present in narcotic 30 activity, the unlawful sale and transfer of firearms, and 31 streetgang related felonies and organized terrorist activity 32 is supported by the contribution of money and expert HB2299 Enrolled -64- LRB9205089ARsb 1 assistance from geographically diverse sources. In order to 2 shut off the life blood of terrorism and weaken or eliminate 3 the criminaltheseenterprises, assets, and property used to 4 further these offenses must be frozen, and anytheprofit 5 must be removed. State statutes exist that can accomplish 6 that goal. Among them are the offense of money laundering, 7 the Cannabis and Controlled Substances Tax Act, violations of 8 Article 29D of the Criminal Code of 1961, the Narcotics 9 Profit Forfeiture Act, and gunrunning. Local prosecutors 10 need investigative personnel and specialized training to 11 attack and eliminate these profits. In light of the 12 transitory and complex nature of conduct that constitutes 13 these criminal activities, the many diverse property 14 interests that may be used, acquired directly or indirectly 15 as a result of these criminal activities, and the many places 16 that illegally obtained property may be located, it is the 17 purpose of this Act to create a limited, multicounty 18 Statewide Grand Jury with authority to investigate, indict, 19 and prosecute: narcotic activity, including cannabis and 20 controlled substance trafficking, narcotics racketeering, 21 money laundering,andviolations of the Cannabis and 22 Controlled Substances Tax Act, and violations of Article 29D 23 of the Criminal Code of 1961; the unlawful sale and transfer 24 of firearms; gunrunning; and streetgang related felonies. 25 (b) A Statewide Grand Jury may also investigate, indict, 26 and prosecute violations facilitated by the use of a computer 27 of any of the following offenses: indecent solicitation of a 28 child, sexual exploitation of a child, soliciting for a 29 juvenile prostitute, keeping a place of juvenile 30 prostitution, juvenile pimping, or child pornography. 31 (Source: P.A. 91-225, eff. 1-1-00.) 32 (725 ILCS 215/3) (from Ch. 38, par. 1703) 33 Sec. 3. Written application for the appointment of a HB2299 Enrolled -65- LRB9205089ARsb 1 Circuit Judge to convene and preside over a Statewide Grand 2 Jury, with jurisdiction extending throughout the State, shall 3 be made to the Chief Justice of the Supreme Court. Upon such 4 written application, the Chief Justice of the Supreme Court 5 shall appoint a Circuit Judge from the circuit where the 6 Statewide Grand Jury is being sought to be convened, who 7 shall make a determination that the convening of a Statewide 8 Grand Jury is necessary. 9 In such application the Attorney General shall state that 10 the convening of a Statewide Grand Jury is necessary because 11 of an alleged offense or offenses set forth in this Section 12 involving more than one county of the State and identifying 13 any such offense alleged; and 14 (a) that he or she believes that the grand jury 15 function for the investigation and indictment of the 16 offense or offenses cannot effectively be performed by a 17 county grand jury together with the reasons for such 18 belief, and 19 (b)(1) that each State's Attorney with 20 jurisdiction over an offense or offenses to be 21 investigated has consented to the impaneling of the 22 Statewide Grand Jury, or 23 (2) if one or more of the State's Attorneys 24 having jurisdiction over an offense or offenses to 25 be investigated fails to consent to the impaneling 26 of the Statewide Grand Jury, the Attorney General 27 shall set forth good cause for impaneling the 28 Statewide Grand Jury. 29 If the Circuit Judge determines that the convening of a 30 Statewide Grand Jury is necessary, he or she shall convene 31 and impanel the Statewide Grand Jury with jurisdiction 32 extending throughout the State to investigate and return 33 indictments: 34 (a) For violations of any of the following or for HB2299 Enrolled -66- LRB9205089ARsb 1 any other criminal offense committed in the course of 2 violating any of the following: Article 29D of the 3 Criminal Code of 1961, the Illinois Controlled Substances 4 Act, the Cannabis Control Act, the Narcotics Profit 5 Forfeiture Act, or the Cannabis and Controlled Substances 6 Tax Act; a streetgang related felony offense; Section 7 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 8 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 9 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the 10 Criminal Code of 1961; or a money laundering offense; 11 provided that the violation or offense involves acts 12 occurring in more than one county of this State; and 13 (a-5) For violations facilitated by the use of a 14 computer, including the use of the Internet, the World 15 Wide Web, electronic mail, message board, newsgroup, or 16 any other commercial or noncommercial on-line service, of 17 any of the following offenses: indecent solicitation of 18 a child, sexual exploitation of a child, soliciting for a 19 juvenile prostitute, keeping a place of juvenile 20 prostitution, juvenile pimping, or child pornography; and 21 (b) For the offenses of perjury, subornation of 22 perjury, communicating with jurors and witnesses, and 23 harassment of jurors and witnesses, as they relate to 24 matters before the Statewide Grand Jury. 25 "Streetgang related" has the meaning ascribed to it in 26 Section 10 of the Illinois Streetgang Terrorism Omnibus 27 Prevention Act. 28 Upon written application by the Attorney General for the 29 convening of an additional Statewide Grand Jury, the Chief 30 Justice of the Supreme Court shall appoint a Circuit Judge 31 from the circuit for which the additional Statewide Grand 32 Jury is sought. The Circuit Judge shall determine the 33 necessity for an additional Statewide Grand Jury in 34 accordance with the provisions of this Section. No more than HB2299 Enrolled -67- LRB9205089ARsb 1 2 Statewide Grand Juries may be empaneled at any time. 2 (Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01.) 3 (725 ILCS 215/4) (from Ch. 38, par. 1704) 4 Sec. 4. (a) The presiding judge of the Statewide Grand 5 Jury will receive recommendations from the Attorney General 6 as to the county in which the Grand Jury will sit. Prior to 7 making the recommendations, the Attorney General shall obtain 8 the permission of the local State's Attorney to use his or 9 her county for the site of the Statewide Grand Jury. Upon 10 receiving the Attorney General's recommendations, the 11 presiding judge will choose one of those recommended 12 locations as the site where the Grand Jury shall sit. 13 Any indictment by a Statewide Grand Jury shall be 14 returned to the Circuit Judge presiding over the Statewide 15 Grand Jury and shall include a finding as to the county or 16 counties in which the alleged offense was committed. 17 Thereupon, the judge shall, by order, designate the county of 18 venue for the purpose of trial. The judge may also, by 19 order, direct the consolidation of an indictment returned by 20 a county grand jury with an indictment returned by the 21 Statewide Grand Jury and set venue for trial. 22 (b) Venue for purposes of trial for the offense of 23 narcotics racketeering shall be proper in any county where: 24 (1) Cannabis or a controlled substance which is the 25 basis for the charge of narcotics racketeering was used; 26 acquired; transferred or distributed to, from or through; 27 or any county where any act was performed to further the 28 use; acquisition, transfer or distribution of said 29 cannabis or controlled substance; or 30 (2) Any money, property, property interest, or any 31 other asset generated by narcotics activities was 32 acquired, used, sold, transferred or distributed to, from 33 or through; or, HB2299 Enrolled -68- LRB9205089ARsb 1 (3) Any enterprise interest obtained as a result of 2 narcotics racketeering was acquired, used, transferred or 3 distributed to, from or through, or where any activity 4 was conducted by the enterprise or any conduct to further 5 the interests of such an enterprise. 6 (c) Venue for purposes of trial for the offense of money 7 laundering shall be proper in any county where any part of a 8 financial transaction in criminally derived property took 9 place, or in any county where any money or monetary interest 10 which is the basis for the offense, was acquired, used, sold, 11 transferred or distributed to, from, or through. 12 (d) A person who commits the offense of cannabis 13 trafficking or controlled substance trafficking may be tried 14 in any county. 15 (e) Venue for purposes of trial for any violation of 16 Article 29D of the Criminal Code of 1961 may be in the county 17 in which an act of terrorism occurs, the county in which 18 material support or resources are provided or solicited, the 19 county in which criminal assistance is rendered, or any 20 county in which any act in furtherance of any violation of 21 Article 29D of the Criminal Code of 1961 occurs. 22 (Source: P.A. 87-466.) 23 (725 ILCS 215/10) (from Ch. 38, par. 1710) 24 Sec. 10. The Attorney General shall, at the earliest 25 opportunity, upon initiation of Grand Jury action, consult 26 with and advise the State's Attorney of any county involved 27 in a Statewide Grand Jury terrorist or narcotics 28 investigation. Further, the State's Attorney may attend the 29 Grand Jury proceedings or the trial of any party being 30 investigated or indicted by the Statewide Grand Jury, and may 31 assist in the prosecution, which in his or her judgment, is 32 in the interest of the people of his or her county. Prior to 33 granting transactional immunity to any witness before the HB2299 Enrolled -69- LRB9205089ARsb 1 Statewide Grand Jury, any State's Attorney with jurisdiction 2 over the offense or offenses being investigated by the 3 Statewide Grand Jury must consent to the granting of immunity 4 to the witness. Prior to granting use immunity to any 5 witness before the Statewide Grand Jury, the Attorney General 6 shall consult with any State's Attorney with jurisdiction 7 over the offense or offenses being investigated by the 8 Statewide Grand Jury. 9 (Source: P.A. 87-466.) 10 Section 25. The Unified Code of Corrections is amended 11 by changing Sections 3-6-3 and 5-4-3 as follows: 12 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 13 Sec. 3-6-3. Rules and Regulations for Early Release. 14 (a) (1) The Department of Corrections shall 15 prescribe rules and regulations for the early release on 16 account of good conduct of persons committed to the 17 Department which shall be subject to review by the 18 Prisoner Review Board. 19 (2) The rules and regulations on early release 20 shall provide, with respect to offenses committed on or 21 after June 19, 1998, the following: 22 (i) that a prisoner who is serving a term of 23 imprisonment for first degree murder or for the 24 offense of terrorism shall receive no good conduct 25 credit and shall serve the entire sentence imposed 26 by the court; 27 (ii) that a prisoner serving a sentence for 28 attempt to commit first degree murder, solicitation 29 of murder, solicitation of murder for hire, 30 intentional homicide of an unborn child, predatory 31 criminal sexual assault of a child, aggravated 32 criminal sexual assault, criminal sexual assault, HB2299 Enrolled -70- LRB9205089ARsb 1 aggravated kidnapping, aggravated battery with a 2 firearm, heinous battery, aggravated battery of a 3 senior citizen, or aggravated battery of a child 4 shall receive no more than 4.5 days of good conduct 5 credit for each month of his or her sentence of 6 imprisonment; and 7 (iii) that a prisoner serving a sentence for 8 home invasion, armed robbery, aggravated vehicular 9 hijacking, aggravated discharge of a firearm, or 10 armed violence with a category I weapon or category 11 II weapon, when the court has made and entered a 12 finding, pursuant to subsection (c-1) of Section 13 5-4-1 of this Code, that the conduct leading to 14 conviction for the enumerated offense resulted in 15 great bodily harm to a victim, shall receive no more 16 than 4.5 days of good conduct credit for each month 17 of his or her sentence of imprisonment. 18 (2.1) For all offenses, other than those enumerated 19 in subdivision (a)(2) committed on or after June 19, 20 1998, and other than the offense of reckless homicide as 21 defined in subsection (e) of Section 9-3 of the Criminal 22 Code of 1961 committed on or after January 1, 1999, the 23 rules and regulations shall provide that a prisoner who 24 is serving a term of imprisonment shall receive one day 25 of good conduct credit for each day of his or her 26 sentence of imprisonment or recommitment under Section 27 3-3-9. Each day of good conduct credit shall reduce by 28 one day the prisoner's period of imprisonment or 29 recommitment under Section 3-3-9. 30 (2.2) A prisoner serving a term of natural life 31 imprisonment or a prisoner who has been sentenced to 32 death shall receive no good conduct credit. 33 (2.3) The rules and regulations on early release 34 shall provide that a prisoner who is serving a sentence HB2299 Enrolled -71- LRB9205089ARsb 1 for reckless homicide as defined in subsection (e) of 2 Section 9-3 of the Criminal Code of 1961 committed on or 3 after January 1, 1999 shall receive no more than 4.5 days 4 of good conduct credit for each month of his or her 5 sentence of imprisonment. 6 (2.4) The rules and regulations on early release 7 shall provide with respect to the offenses of aggravated 8 battery with a machine gun or a firearm equipped with any 9 device or attachment designed or used for silencing the 10 report of a firearm or aggravated discharge of a machine 11 gun or a firearm equipped with any device or attachment 12 designed or used for silencing the report of a firearm, 13 committed on or after the effective date of this 14 amendatory Act of 1999, that a prisoner serving a 15 sentence for any of these offenses shall receive no more 16 than 4.5 days of good conduct credit for each month of 17 his or her sentence of imprisonment. 18 (2.5) The rules and regulations on early release 19 shall provide that a prisoner who is serving a sentence 20 for aggravated arson committed on or after the effective 21 date of this amendatory Act of the 92nd General Assembly 22 shall receive no more than 4.5 days of good conduct 23 credit for each month of his or her sentence of 24 imprisonment. 25 (3) The rules and regulations shall also provide 26 that the Director may award up to 180 days additional 27 good conduct credit for meritorious service in specific 28 instances as the Director deems proper; except that no 29 more than 90 days of good conduct credit for meritorious 30 service shall be awarded to any prisoner who is serving a 31 sentence for conviction of first degree murder, reckless 32 homicide while under the influence of alcohol or any 33 other drug, aggravated kidnapping, kidnapping, predatory 34 criminal sexual assault of a child, aggravated criminal HB2299 Enrolled -72- LRB9205089ARsb 1 sexual assault, criminal sexual assault, deviate sexual 2 assault, aggravated criminal sexual abuse, aggravated 3 indecent liberties with a child, indecent liberties with 4 a child, child pornography, heinous battery, aggravated 5 battery of a spouse, aggravated battery of a spouse with 6 a firearm, stalking, aggravated stalking, aggravated 7 battery of a child, endangering the life or health of a 8 child, cruelty to a child, or narcotic racketeering. 9 Notwithstanding the foregoing, good conduct credit for 10 meritorious service shall not be awarded on a sentence of 11 imprisonment imposed for conviction of: (i) one of the 12 offenses enumerated in subdivision (a)(2) when the 13 offense is committed on or after June 19, 1998, (ii) 14 reckless homicide as defined in subsection (e) of Section 15 9-3 of the Criminal Code of 1961 when the offense is 16 committed on or after January 1, 1999, (iii) one of the 17 offenses enumerated in subdivision (a)(2.4) when the 18 offense is committed on or after the effective date of 19 this amendatory Act of 1999, or (iv) aggravated arson 20 when the offense is committed on or after the effective 21 date of this amendatory Act of the 92nd General Assembly. 22 (4) The rules and regulations shall also provide 23 that the good conduct credit accumulated and retained 24 under paragraph (2.1) of subsection (a) of this Section 25 by any inmate during specific periods of time in which 26 such inmate is engaged full-time in substance abuse 27 programs, correctional industry assignments, or 28 educational programs provided by the Department under 29 this paragraph (4) and satisfactorily completes the 30 assigned program as determined by the standards of the 31 Department, shall be multiplied by a factor of 1.25 for 32 program participation before August 11, 1993 and 1.50 for 33 program participation on or after that date. However, no 34 inmate shall be eligible for the additional good conduct HB2299 Enrolled -73- LRB9205089ARsb 1 credit under this paragraph (4) while assigned to a boot 2 camp, mental health unit, or electronic detention, or if 3 convicted of an offense enumerated in paragraph (a)(2) of 4 this Section that is committed on or after June 19, 1998, 5 or if convicted of reckless homicide as defined in 6 subsection (e) of Section 9-3 of the Criminal Code of 7 1961 if the offense is committed on or after January 1, 8 1999, or if convicted of an offense enumerated in 9 paragraph (a)(2.4) of this Section that is committed on 10 or after the effective date of this amendatory Act of 11 1999, or first degree murder, a Class X felony, criminal 12 sexual assault, felony criminal sexual abuse, aggravated 13 criminal sexual abuse, aggravated battery with a firearm, 14 or any predecessor or successor offenses with the same or 15 substantially the same elements, or any inchoate offenses 16 relating to the foregoing offenses. No inmate shall be 17 eligible for the additional good conduct credit under 18 this paragraph (4) who (i) has previously received 19 increased good conduct credit under this paragraph (4) 20 and has subsequently been convicted of a felony, or (ii) 21 has previously served more than one prior sentence of 22 imprisonment for a felony in an adult correctional 23 facility. 24 Educational, vocational, substance abuse and 25 correctional industry programs under which good conduct 26 credit may be increased under this paragraph (4) shall be 27 evaluated by the Department on the basis of documented 28 standards. The Department shall report the results of 29 these evaluations to the Governor and the General 30 Assembly by September 30th of each year. The reports 31 shall include data relating to the recidivism rate among 32 program participants. 33 Availability of these programs shall be subject to 34 the limits of fiscal resources appropriated by the HB2299 Enrolled -74- LRB9205089ARsb 1 General Assembly for these purposes. Eligible inmates 2 who are denied immediate admission shall be placed on a 3 waiting list under criteria established by the 4 Department. The inability of any inmate to become engaged 5 in any such programs by reason of insufficient program 6 resources or for any other reason established under the 7 rules and regulations of the Department shall not be 8 deemed a cause of action under which the Department or 9 any employee or agent of the Department shall be liable 10 for damages to the inmate. 11 (5) Whenever the Department is to release any 12 inmate earlier than it otherwise would because of a grant 13 of good conduct credit for meritorious service given at 14 any time during the term, the Department shall give 15 reasonable advance notice of the impending release to the 16 State's Attorney of the county where the prosecution of 17 the inmate took place. 18 (b) Whenever a person is or has been committed under 19 several convictions, with separate sentences, the sentences 20 shall be construed under Section 5-8-4 in granting and 21 forfeiting of good time. 22 (c) The Department shall prescribe rules and regulations 23 for revoking good conduct credit, or suspending or reducing 24 the rate of accumulation of good conduct credit for specific 25 rule violations, during imprisonment. These rules and 26 regulations shall provide that no inmate may be penalized 27 more than one year of good conduct credit for any one 28 infraction. 29 When the Department seeks to revoke, suspend or reduce 30 the rate of accumulation of any good conduct credits for an 31 alleged infraction of its rules, it shall bring charges 32 therefor against the prisoner sought to be so deprived of 33 good conduct credits before the Prisoner Review Board as 34 provided in subparagraph (a)(4) of Section 3-3-2 of this HB2299 Enrolled -75- LRB9205089ARsb 1 Code, if the amount of credit at issue exceeds 30 days or 2 when during any 12 month period, the cumulative amount of 3 credit revoked exceeds 30 days except where the infraction is 4 committed or discovered within 60 days of scheduled release. 5 In those cases, the Department of Corrections may revoke up 6 to 30 days of good conduct credit. The Board may subsequently 7 approve the revocation of additional good conduct credit, if 8 the Department seeks to revoke good conduct credit in excess 9 of 30 days. However, the Board shall not be empowered to 10 review the Department's decision with respect to the loss of 11 30 days of good conduct credit within any calendar year for 12 any prisoner or to increase any penalty beyond the length 13 requested by the Department. 14 The Director of the Department of Corrections, in 15 appropriate cases, may restore up to 30 days good conduct 16 credits which have been revoked, suspended or reduced. Any 17 restoration of good conduct credits in excess of 30 days 18 shall be subject to review by the Prisoner Review Board. 19 However, the Board may not restore good conduct credit in 20 excess of the amount requested by the Director. 21 Nothing contained in this Section shall prohibit the 22 Prisoner Review Board from ordering, pursuant to Section 23 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 24 the sentence imposed by the court that was not served due to 25 the accumulation of good conduct credit. 26 (d) If a lawsuit is filed by a prisoner in an Illinois 27 or federal court against the State, the Department of 28 Corrections, or the Prisoner Review Board, or against any of 29 their officers or employees, and the court makes a specific 30 finding that a pleading, motion, or other paper filed by the 31 prisoner is frivolous, the Department of Corrections shall 32 conduct a hearing to revoke up to 180 days of good conduct 33 credit by bringing charges against the prisoner sought to be 34 deprived of the good conduct credits before the Prisoner HB2299 Enrolled -76- LRB9205089ARsb 1 Review Board as provided in subparagraph (a)(8) of Section 2 3-3-2 of this Code. If the prisoner has not accumulated 180 3 days of good conduct credit at the time of the finding, then 4 the Prisoner Review Board may revoke all good conduct credit 5 accumulated by the prisoner. 6 For purposes of this subsection (d): 7 (1) "Frivolous" means that a pleading, motion, or 8 other filing which purports to be a legal document filed 9 by a prisoner in his or her lawsuit meets any or all of 10 the following criteria: 11 (A) it lacks an arguable basis either in law 12 or in fact; 13 (B) it is being presented for any improper 14 purpose, such as to harass or to cause unnecessary 15 delay or needless increase in the cost of 16 litigation; 17 (C) the claims, defenses, and other legal 18 contentions therein are not warranted by existing 19 law or by a nonfrivolous argument for the extension, 20 modification, or reversal of existing law or the 21 establishment of new law; 22 (D) the allegations and other factual 23 contentions do not have evidentiary support or, if 24 specifically so identified, are not likely to have 25 evidentiary support after a reasonable opportunity 26 for further investigation or discovery; or 27 (E) the denials of factual contentions are not 28 warranted on the evidence, or if specifically so 29 identified, are not reasonably based on a lack of 30 information or belief. 31 (2) "Lawsuit" means a petition for post-conviction 32 relief under Article 122 of the Code of Criminal 33 Procedure of 1963, a motion pursuant to Section 116-3 of 34 the Code of Criminal Procedure of 1963, a habeas corpus HB2299 Enrolled -77- LRB9205089ARsb 1 action under Article X of the Code of Civil Procedure or 2 under federal law (28 U.S.C. 2254), a petition for claim 3 under the Court of Claims Act or an action under the 4 federal Civil Rights Act (42 U.S.C. 1983). 5 (e) Nothing in this amendatory Act of 1998 affects the 6 validity of Public Act 89-404. 7 (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 8 92-176, eff. 7-27-01.) 9 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) 10 Sec. 5-4-3. Persons convicted of, or found delinquent 11 for, qualifying offenses or institutionalized as sexually 12 dangerous; blood specimens; genetic marker groups. 13 (a) Any person convicted of, found guilty under the 14 Juvenile Court Act of 1987 for, or who received a disposition 15 of court supervision for, a qualifying offense or attempt of 16 a qualifying offense, or institutionalized as a sexually 17 dangerous person under the Sexually Dangerous Persons Act, or 18 committed as a sexually violent person under the Sexually 19 Violent Persons Commitment Act shall, regardless of the 20 sentence or disposition imposed, be required to submit 21 specimens of blood to the Illinois Department of State Police 22 in accordance with the provisions of this Section, provided 23 such person is: 24 (1) convicted of a qualifying offense or attempt of 25 a qualifying offense on or after the effective date of 26 this amendatory Act of 1989, and sentenced to a term of 27 imprisonment, periodic imprisonment, fine, probation, 28 conditional discharge or any other form of sentence, or 29 given a disposition of court supervision for the offense, 30 or 31 (1.5) found guilty or given supervision under the 32 Juvenile Court Act of 1987 for a qualifying offense or 33 attempt of a qualifying offense on or after the effective HB2299 Enrolled -78- LRB9205089ARsb 1 date of this amendatory Act of 1996, or 2 (2) ordered institutionalized as a sexually 3 dangerous person on or after the effective date of this 4 amendatory Act of 1989, or 5 (3) convicted of a qualifying offense or attempt of 6 a qualifying offense before the effective date of this 7 amendatory Act of 1989 and is presently confined as a 8 result of such conviction in any State correctional 9 facility or county jail or is presently serving a 10 sentence of probation, conditional discharge or periodic 11 imprisonment as a result of such conviction, or 12 (4) presently institutionalized as a sexually 13 dangerous person or presently institutionalized as a 14 person found guilty but mentally ill of a sexual offense 15 or attempt to commit a sexual offense; or 16 (4.5) ordered committed as a sexually violent 17 person on or after the effective date of the Sexually 18 Violent Persons Commitment Act; or 19 (5) seeking transfer to or residency in Illinois 20 under Sections 3-3-11 through 3-3-11.5 of the Unified 21 Code of Corrections (Interstate Compact for the 22 Supervision of Parolees and Probationers) or the 23 Interstate Agreements on Sexually Dangerous Persons Act. 24 (a-5) Any person who was otherwise convicted of or 25 received a disposition of court supervision for any other 26 offense under the Criminal Code of 1961 or any offense 27 classified as a felony under Illinois law or who was found 28 guilty or given supervision for such a violation under the 29 Juvenile Court Act of 1987, may, regardless of the sentence 30 imposed, be required by an order of the court to submit 31 specimens of blood to the Illinois Department of State Police 32 in accordance with the provisions of this Section. 33 (b) Any person required by paragraphs (a)(1), (a)(1.5), 34 (a)(2), and (a-5) to provide specimens of blood shall provide HB2299 Enrolled -79- LRB9205089ARsb 1 specimens of blood within 45 days after sentencing or 2 disposition at a collection site designated by the Illinois 3 Department of State Police. 4 (c) Any person required by paragraphs (a)(3), (a)(4), 5 and (a)(4.5) to provide specimens of blood shall be required 6 to provide such samples prior to final discharge, parole, or 7 release at a collection site designated by the Illinois 8 Department of State Police. 9 (c-5) Any person required by paragraph (a)(5) to provide 10 specimens of blood shall, where feasible, be required to 11 provide the specimens before being accepted for conditioned 12 residency in Illinois under the interstate compact or 13 agreement, but no later than 45 days after arrival in this 14 State. 15 (d) The Illinois Department of State Police shall 16 provide all equipment and instructions necessary for the 17 collection of blood samples. The collection of samples shall 18 be performed in a medically approved manner. Only a 19 physician authorized to practice medicine, a registered nurse 20 or other qualified person trained in venipuncture may 21 withdraw blood for the purposes of this Act. The samples 22 shall thereafter be forwarded to the Illinois Department of 23 State Police, Division of Forensic Services, for analysis and 24 categorizing into genetic marker groupings. 25 (e) The genetic marker groupings shall be maintained by 26 the Illinois Department of State Police, Division of Forensic 27 Services. 28 (f) The genetic marker grouping analysis information 29 obtained pursuant to this Act shall be confidential and shall 30 be released only to peace officers of the United States, of 31 other states or territories, of the insular possessions of 32 the United States, of foreign countries duly authorized to 33 receive the same, to all peace officers of the State of 34 Illinois and to all prosecutorial agencies. Notwithstanding HB2299 Enrolled -80- LRB9205089ARsb 1 any other statutory provision to the contrary, all 2 information obtained under this Section shall be maintained 3 in a single State data base, which may be uploaded into a 4 national database, and may not be subject to expungement. 5 (g) For the purposes of this Section, "qualifying 6 offense" means any of the following: 7 (1) Any violation or inchoate violation of Section 8 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 9 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 10 12-33 of the Criminal Code of 1961, or 11 (1.1) Any violation or inchoate violation of 12 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 13 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 14 for which persons are convicted on or after July 1, 2001, 15 or 16 (2) Any former statute of this State which defined 17 a felony sexual offense, or 18 (3) Any violation of paragraph (10) of subsection 19 (b) of Section 10-5 of the Criminal Code of 1961 when the 20 sentencing court, upon a motion by the State's Attorney 21 or Attorney General, makes a finding that the child 22 luring involved an intent to commit sexual penetration or 23 sexual conduct as defined in Section 12-12 of the 24 Criminal Code of 1961, or 25 (4) Any violation or inchoate violation of Section 26 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 27 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 28 1961, or 29 (5) Any violation or inchoate violation of Article 30 29D of the Criminal Code of 1961. 31 (g-5) The Department of State Police is not required to 32 provide equipment to collect or to accept or process blood 33 specimens from individuals convicted of any offense listed in 34 paragraph (1.1) or (4) of subsection (g), until acquisition HB2299 Enrolled -81- LRB9205089ARsb 1 of the resources necessary to process such blood specimens, 2 or in the case of paragraph (1.1) of subsection (g) until 3 July 1, 2003, whichever is earlier. 4 Upon acquisition of necessary resources, including an 5 appropriation for the purpose of implementing this amendatory 6 Act of the 91st General Assembly, but in the case of 7 paragraph (1.1) of subsection (g) no later than July 1, 2003, 8 the Department of State Police shall notify the Department of 9 Corrections, the Administrative Office of the Illinois 10 Courts, and any other entity deemed appropriate by the 11 Department of State Police, to begin blood specimen 12 collection from individuals convicted of offenses enumerated 13 in paragraphs (1.1) and (4) of subsection (g) that the 14 Department is prepared to provide collection equipment and 15 receive and process blood specimens from individuals 16 convicted of offenses enumerated in paragraph (1.1) of 17 subsection (g). 18 Until the Department of State Police provides 19 notification, designated collection agencies are not required 20 to collect blood specimen from individuals convicted of 21 offenses enumerated in paragraphs (1.1) and (4) of subsection 22 (g). 23 (h) The Illinois Department of State Police shall be the 24 State central repository for all genetic marker grouping 25 analysis information obtained pursuant to this Act. The 26 Illinois Department of State Police may promulgate rules for 27 the form and manner of the collection of blood samples and 28 other procedures for the operation of this Act. The 29 provisions of the Administrative Review Law shall apply to 30 all actions taken under the rules so promulgated. 31 (i) A person required to provide a blood specimen shall 32 cooperate with the collection of the specimen and any 33 deliberate act by that person intended to impede, delay or 34 stop the collection of the blood specimen is a Class A HB2299 Enrolled -82- LRB9205089ARsb 1 misdemeanor. 2 (j) Any person required by subsection (a) to submit 3 specimens of blood to the Illinois Department of State Police 4 for analysis and categorization into genetic marker grouping, 5 in addition to any other disposition, penalty, or fine 6 imposed, shall pay an analysis fee of $500. Upon verified 7 petition of the person, the court may suspend payment of all 8 or part of the fee if it finds that the person does not have 9 the ability to pay the fee. 10 (k) All analysis and categorization fees provided for by 11 subsection (j) shall be regulated as follows: 12 (1) The State Offender DNA Identification System 13 Fund is hereby created as a special fund in the State 14 Treasury. 15 (2) All fees shall be collected by the clerk of the 16 court and forwarded to the State Offender DNA 17 Identification System Fund for deposit. The clerk of the 18 circuit court may retain the amount of $10 from each 19 collected analysis fee to offset administrative costs 20 incurred in carrying out the clerk's responsibilities 21 under this Section. 22 (3) Fees deposited into the State Offender DNA 23 Identification System Fund shall be used by Illinois 24 State Police crime laboratories as designated by the 25 Director of State Police. These funds shall be in 26 addition to any allocations made pursuant to existing 27 laws and shall be designated for the exclusive use of 28 State crime laboratories. These uses may include, but 29 are not limited to, the following: 30 (A) Costs incurred in providing analysis and 31 genetic marker categorization as required by 32 subsection (d). 33 (B) Costs incurred in maintaining genetic 34 marker groupings as required by subsection (e). HB2299 Enrolled -83- LRB9205089ARsb 1 (C) Costs incurred in the purchase and 2 maintenance of equipment for use in performing 3 analyses. 4 (D) Costs incurred in continuing research and 5 development of new techniques for analysis and 6 genetic marker categorization. 7 (E) Costs incurred in continuing education, 8 training, and professional development of forensic 9 scientists regularly employed by these laboratories. 10 (l) The failure of a person to provide a specimen, or of 11 any person or agency to collect a specimen, within the 45 day 12 period shall in no way alter the obligation of the person to 13 submit such specimen, or the authority of the Illinois 14 Department of State Police or persons designated by the 15 Department to collect the specimen, or the authority of the 16 Illinois Department of State Police to accept, analyze and 17 maintain the specimen or to maintain or upload results of 18 genetic marker grouping analysis information into a State or 19 national database. 20 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 21 92-40, eff. 6-29-01.) 22 Section 30. The Charitable Trust Act is amended by adding 23 Section 16.5 as follows: 24 (760 ILCS 55/16.5 new) 25 Sec. 16.5. Terrorist acts. 26 (a) Any person or organization subject to registration 27 under this Act, who knowingly acts to further, directly or 28 indirectly, or knowingly uses charitable assets to conduct or 29 further, directly or indirectly, an act or actions as set 30 forth in Article 29D of the Criminal Code of 1961, is thereby 31 engaged in an act or actions contrary to public policy and 32 antithetical to charity, and all of the funds, assets, and HB2299 Enrolled -84- LRB9205089ARsb 1 records of the person or organization shall be subject to 2 temporary and permanent injunction from use or expenditure 3 and the appointment of a temporary and permanent receiver to 4 take possession of all of the assets and related records. 5 (b) An ex parte action may be commenced by the Attorney 6 General, and, upon a showing of probable cause of a violation 7 of this Section or Article 29D of the Criminal Code of 1961, 8 an immediate seizure of books and records and assets by the 9 Attorney General by and through his or her assistants or 10 investigators or the Department of State Police shall be made 11 by order of a court to protect the public, protect the 12 assets, and allow a full review of the records. 13 (c) Upon a finding by a court after a hearing that a 14 person or organization has acted or is in violation of this 15 Section, the person or organization shall be permanently 16 enjoined from soliciting funds from the public, holding 17 charitable funds, or acting as a trustee or fiduciary within 18 Illinois. Upon a finding of violation all assets and funds 19 held by the person or organization shall be forfeited to the 20 People of the State of Illinois or otherwise ordered by the 21 court to be accounted for and marshaled and then delivered to 22 charitable causes and uses within the State of Illinois by 23 court order. 24 (d) A determination under this Section may be made by 25 any court separate and apart from any criminal proceedings 26 and the standard of proof shall be that for civil 27 proceedings. 28 (e) Any knowing use of charitable assets to conduct or 29 further, directly or indirectly, an act or actions set forth 30 in Article 29D of the Criminal Code of 1961 shall be a misuse 31 of charitable assets and breach of fiduciary duty relative to 32 all other Sections of this Act. 33 (720 ILCS 5/Article 29C rep.) HB2299 Enrolled -85- LRB9205089ARsb 1 Section 95. The Criminal Code of 1961 is amended by 2 repealing Article 29C. 3 Section 96. The provisions of this Act are severable 4 under Section 1.31 of the Statute on Statutes. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.