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92_HB2299sam003
LRB9205089RCcdam04
1 AMENDMENT TO HOUSE BILL 2299
2 AMENDMENT NO. . Amend House Bill 2299, AS AMENDED,
3 in subsection (a) of Sec. 16.5 of Section 5, by replacing
4 "who acts" with "who knowingly acts"; and
5 in subsection (a) of Sec. 16.5 of Section 5, by replacing "or
6 uses charitable" with "or knowingly uses charitable"; and
7 by replacing all of subsections (b) and (c) of Sec 16.5 of
8 Section 5 with the following:
9 "(b) An ex parte action may be commenced by the Attorney
10 General, and, upon a showing of probable cause of a violation
11 of this Section or Article 29D of the Criminal Code of 1961,
12 an immediate seizure of books and records and assets by the
13 Attorney General by and through his or her assistants or
14 investigators or the Department of State Police shall be made
15 by order of a court to protect the public, protect the
16 assets, and allow a full review of the records.
17 (c) Upon a finding by a court after a hearing that a
18 person or organization has acted or is in violation of this
19 Section, the person or organization shall be permanently
20 enjoined from soliciting funds from the public, holding
21 charitable funds, or acting as a trustee or fiduciary within
22 Illinois. Upon a finding of violation all assets and funds
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1 held by the person or organization shall be forfeited to the
2 People of the State of Illinois or otherwise ordered by the
3 court to be accounted for and marshaled and then delivered to
4 charitable causes and uses within the State of Illinois by
5 court order."; and
6 in subsection (e) of Sec. 16.5 of Section 5, by inserting
7 "knowing" after "Any"; and
8 in the first sentence of subsection (g-5) of Sec. 14-3 of
9 Section 15, by replacing "notification of" with "notification
10 to"; and
11 in the first sentence of subsection (g-5) of Sec. 14-3 of
12 Section 15, by replacing "party of" with "party to"; and
13 in the second paragraph of subsection (g-5) of Sec. 14-3 of
14 Section 15, by inserting "with notice to all parties present"
15 after "camera"; and
16 in the second paragraph of subsection (g-5) of Sec. 14-3 of
17 Section 15, by deleting "under Illinois evidence law"; and
18 by inserting after the end of subsection (g-5) of Sec. 14-3
19 of Section 15 the following:
20 "No conversations recorded or monitored pursuant to this
21 subsection (g-5) shall be inadmissable in a court of law by
22 virtue of the repeal of this subsection (g-5) on January 1,
23 2005."; and
24 in clause (B) of paragraph (2) of subsection (a) of Sec.
25 29B-1 of Section 15, by inserting "as defined by subdivision
26 (b)(6)" after "activity"; and
27 in subsection (a) of Sec. 29B-1 of Section 15, by replacing
28 "represented to be the proceeds of specified criminal
29 activity or property used to conduct or facilitate specified
30 criminal activity" with "he or she believes to be the
-3- LRB9205089RCcdam04
1 proceeds of specified criminal activity as defined by
2 subdivision (b)(6) or property used to conduct or facilitate
3 specified criminal activity as defined by subdivision
4 (b)(6)"; and
5 by deleting subdivision (5) of subsection (b) of Sec. 29B-1
6 of Section 15; and
7 by redesignating subdivisions (6) and (7) of subsection (b)
8 of Sec. 29B-1 of Section 15 as subdivisions (5) and (6),
9 respectively; and
10 in the redesignated subdivision (6) of subsection (b) of Sec.
11 29B-1 of Section 15, by inserting "(720 ILCS 5/20.5-5)" after
12 "20.5-5"; and
13 by inserting after the end of Sec. 29D-5 of Section 15 the
14 following:
15 "An investigation may not be initiated or continued for
16 activities protected by the First Amendment to the United
17 States Constitution, including expressions of support or the
18 provision of financial support for the nonviolent political,
19 religious, philosophical, or ideological goals or beliefs of
20 any person or group."; and
21 in Sec. 29D-10 of Section 15, by inserting "(a)" before
22 ""Computer network" means"; and
23 in Sec. 29D-10 of Section 15, by inserting "(b)" before
24 ""Computer" means"; and
25 in Sec. 29D-10 of Section 15, by inserting "(c)" before
26 ""Computer program" means"; and
27 in Sec. 29D-10 of Section 15, by inserting "(d)" before
28 ""Data" means"; and
29 in Sec. 29D-10 of Section 15, by inserting "(e)" before
-4- LRB9205089RCcdam04
1 ""Biological products used in agriculture" includes"; and
2 in Sec. 29D-10 of Section 15, by inserting "(f)" before
3 ""Agricultural products" means"; and
4 in Sec. 29D-10 of Section 15, by inserting "(g)" before
5 ""Agricultural production" means"; and
6 in Sec. 29D-10 of Section 15, by inserting "(h)" before
7 ""Livestock" means"; and
8 in Sec. 29D-10 of Section 15, by inserting "(i)" before
9 ""Crops" means"; and
10 in Sec. 29D-10 of Section 15, by inserting "(j)" before
11 ""Communications systems" means"; and
12 in Sec. 29D-10 of Section 15, by inserting "(k)" before
13 ""Substantial damage" means"; and
14 in Sec. 29D-10 of Section 15, by inserting "(l)" before
15 ""Terrorist act" or"; and
16 in Sec. 29D-10 of Section 15, by inserting "(m)" before
17 ""Terrorist" and "terrorist organization" means"; and
18 in Sec. 29D-10 of Section 15, by inserting "(n)" before
19 ""Material support or resources" means"; and
20 in Sec. 29D-10 of Section 15, by inserting "(o)" before
21 ""Person" has the meaning"; and
22 in Sec. 29D-10 of Section 15, by inserting "(p)" before
23 ""Render criminal assistance" means"; and
24 in the first sentence of subsection (a) of Sec. 29D-15 of
25 Section 15, by inserting "(720 ILCS 5/20.5-5)" after
26 "20.5-5"; and
27 in the first sentence of subsection (a) of Sec. 29D-15 of
28 Section 15, by inserting "(l)" after "29D-10"; and
-5- LRB9205089RCcdam04
1 in subsection (b) of Sec. 29D-15 of Section 15, by inserting
2 "(720 ILCS 5/20.5-5)" after "20.5-5"; and
3 in subsection (a) of Sec. 29D-20 of Section 15, by inserting
4 "(l)" after "29D-10"; and
5 in subsection (a) of 29D-20 of Section 15, by replacing
6 "imminent commission of a terrorist act or of another
7 terrorist act" with "imminent commission of a terrorist act
8 as defined in Section 29D-10(1) or of another terrorist act
9 as defined in Section 29D-10(1)"; and
10 in subsection (a) of Sec. 29D-25 of Section 15, by inserting
11 "(l)" after "29D-10"; and
12 in subsection (a) of Sec. 29D-25 of Section 15, by inserting
13 "knowingly" after "otherwise"; and
14 in subsection (a) of Sec. 29D-25 of Section 15, by inserting
15 "(720 ILCS 5/20.5-5)" after "20.5-5" and
16 in clause (1) of subsection (a) of Sec. 29D-30 of Section 15,
17 by inserting "(l)" after "29D-10"; and
18 in clause (2) of subsection (a) of Sec. 29D-30 of Section 15,
19 by inserting "(l)" after "29D-10"; and
20 in the second sentence of clause (1) of subsection (a) of
21 Sec. 29D-65 of Section 15, by inserting "Within 10 days that
22 person is entitled to a hearing." after "assets."; and
23 by inserting after the end of Sec. 29D-70 of Section 15 the
24 following:
25 "Section 17. The Boarding Aircraft With Weapon Act is
26 amended by changing Section 7 as follows:
27 (720 ILCS 545/7) (from Ch. 38, par. 84-7)
28 Sec. 7. Sentence. Violation of this Act is a Class 4
-6- LRB9205089RCcdam04
1 felony A misdemeanor.
2 (Source: P.A. 82-662.)"; and
3 in subsection (b) of Sec. 108-4 of Section 20, by replacing
4 clause (7) with the following:
5 "(7) Motion to suppress based on failure to obtain
6 a written affidavit. Evidence obtained pursuant to a
7 warrant issued under this subsection (b) is not subject
8 to a motion to suppress on the ground that the
9 circumstances were not such as to make it reasonable to
10 dispense with a written affidavit, absent a finding of
11 bad faith. All other grounds to move to suppress are
12 preserved."; and
13 in subsection (b) of Sec. 108-4 of Section 20, by inserting
14 after the end of subdivision (8) the following:
15 "(9) No evidence obtained pursuant to this
16 subsection (b) shall be inadmissable in a court of law
17 by virtue of subdivision (8)."; and
18 in subsection (c) of Sec. 108B-1 of Section 20, by replacing
19 "for hire" with "for hire"; and
20 in the second sentence of subsection (b) of Sec. 108B-7.5 of
21 Section 20, by replacing "subdivision (a)(2) may" with
22 "subdivision (a)(2) may upon notice to the People"; and
23 in the last sentence of subsection (b) of Sec. 108B-7.5 of
24 Section 20, by deleting ", upon notice to the government,";
25 and
26 in the last sentence of subsection (a) of Sec. 2 of Section
27 21, by replacing "and violations of the Cannabis and
28 Controlled Substances Tax Act" with "and violations of the
29 Cannabis and Controlled Substances Tax Act, and violations of
30 Article 29D of the Criminal Code of 1961"; and
31 in subsection (a) of Sec. 16.5 of Section 30, by replacing
-7- LRB9205089RCcdam04
1 "who acts" with "who knowingly acts"; and
2 in subsection (a) of Sec. 16.5 of Section 30, by replacing
3 "or uses charitable" with "or knowingly uses charitable"; and
4 by replacing all of subsections (b) and (c) of Sec. 16.5 of
5 Section 30 with the following:
6 "(b) An ex parte action may be commenced by the Attorney
7 General, and, upon a showing of probable cause of a violation
8 of this Section or Article 29D of the Criminal Code of 1961,
9 an immediate seizure of books and records and assets by the
10 Attorney General by and through his or her assistants or
11 investigators or the Department of State Police shall be made
12 by order of a court to protect the public, protect the
13 assets, and allow a full review of the records.
14 (c) Upon a finding by a court after a hearing that a
15 person or organization has acted or is in violation of this
16 Section, the person or organization shall be permanently
17 enjoined from soliciting funds from the public, holding
18 charitable funds, or acting as a trustee or fiduciary within
19 Illinois. Upon a finding of violation all assets and funds
20 held by the person or organization shall be forfeited to the
21 People of the State of Illinois or otherwise ordered by the
22 court to be accounted for and marshaled and then delivered
23 to charitable causes and uses within the State of Illinois by
24 court order."; and
25 in subsection (e) of Sec. 16.5 of Section 30, by inserting
26 "knowing" after "Any".