House Sponsors: DANIELS-BROSNAHAN-CROSS-BRADLEY-BIGGINS, LYONS,EILEEN, KLINGLER, MULLIGAN, MEYER, WAIT, STEPHENS, WINKEL, O'CONNOR, POE, RUTHERFORD, BELLOCK, KOSEL, HASSERT AND MOFFITT. Senate Sponsors: HAWKINSON-CULLERTON-DILLARD-WALSH,T-CRONIN Short description: CRIM CD-TERRORISM-OFFENSES Synopsis of Bill as introduced: Amends the Criminal Code of 1961. Adds to the list of offenses for which a vehicle can be seized and delivered to the sheriff the offenses of concealing or aiding a fugitive, escape from a penal institution (felony and misdemeanor), escape from a peace officer, escape while armed, and aiding escape. Effective immediately. SENATE AMENDMENT NO. 1. Deletes reference to: 720 ILCS 5/36-1 Adds reference to: 225 ILCS 460/16.5 new 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/14-3 from Ch. 38, par. 14-3 720 ILCS 5/29B-1 from Ch. 38, par. 29B-1 720 ILCS 5/Article 29D heading new 720 ILCS 5/29D-5 new 720 ILCS 5/29D-10 new 720 ILCS 5/29D-15 new 720 ILCS 5/29D-20 new 720 ILCS 5/29D-25 new 720 ILCS 5/29D-30 new 720 ILCS 5/29D-35 new 720 ILCS 5/29D-40 new 720 ILCS 5/29D-45 new 720 ILCS 5/29D-55 new 720 ILCS 5/29D-60 new 720 ILCS 5/29D-65 new 720 ILCS 5/29D-70 new 725 ILCS 5/108-4 from Ch. 38, par. 108-4 725 ILCS 5/108A-6 from Ch. 38, par. 108A-6 725 ILCS 5/108B-1 from Ch. 38, par. 108B-1 725 ILCS 5/108B-2 from Ch. 38, par. 108B-2 725 ILCS 5/108B-3 from Ch. 38, par. 108B-3 725 ILCS 5/108B-4 from Ch. 38, par. 108B-4 725 ILCS 5/108B-5 from Ch. 38, par. 108B-5 725 ILCS 5/108B-7 from Ch. 38, par. 108B-7 725 ILCS 5/108B-7.5 new 725 ILCS 5/108B-8 from Ch. 38, par. 108B-8 725 ILCS 5/108B-9 from Ch. 38, par. 108B-9 725 ILCS 5/108B-10 from Ch. 38, par. 108B-10 725 ILCS 5/108B-11 from Ch. 38, par. 108B-11 725 ILCS 5/108B-12 from Ch. 38, par. 108B-12 725 ILCS 5/108B-14 from Ch. 38, par. 108B-14 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 725 ILCS 215/4 from Ch. 38, par. 1704 725 ILCS 215/10 from Ch. 38, par. 1710 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 760 ILCS 55/16.5 new 720 ILCS 5/Article 29C rep. Deletes everything. Amends the Solicitation for Charity Act and the Charitable Trust Act. Provides for the forfeiture to the State of Illinois of charitable assets used directly or indirectly to further terrorist acts. Amends the Firearm Owners Identification Card Act. Provides for the denial of a Firearm Owner's Identification Card to aliens who have been admitted to the U.S. under a non-immigrant visa with certain exceptions. Amends the Criminal Code of 1961. Provides for the imposition of the death penalty if the murder was committed as a result of or in connection with the offense of terrorism. Provides that money laundering also includes financial transactions that do not involve criminally derived funds but in which the funds are used to conduct or facilitate specified unlawful activity. Permits the State's Attorney to approve eavesdropping by law enforcement officers who are parties to conversations involving investigations of certain terrorism offenses. Creates the offenses of soliciting material support for terrorism, providing material support for terrorist acts, making a terrorist threat, falsely making a terrorist threat, terrorism, and hindering prosecution of terrorism. Provides for the forfeiture of assets used or about to be used in committing any of these terrorist crimes. Provides for restitution. Amends the Code of Criminal Procedure of 1963 to permit a court to issue a search warrant upon sworn oral statements made by telephone or fax if the criminal act relates to terrorism. Amends the Unified Code of Corrections. Provides that a person who is serving a term of imprisonment for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court. Provides that DNA specimens shall be taken of persons convicted of the terrorism offenses. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may be convened to investigate and return indictments for violating these new terrorism offenses. Repeals the International Terrorism Article of the Criminal Code of 1961. Effective immediately. SENATE AMENDMENT NO. 2. Deletes reference to: 720 ILCS 5/29D-55 new Deletes new provisions relating to asset freeze orders. Provides that certain provisions relating to exceptions to eavesdropping violations and orders authorizing interception of private communications when no party has consented to the conversation in investigations of violations of the new terrorism offenses are inoperative on and after January 1, 2005. In the definition Section of the new terrorism Article added to the Criminal Code of 1961 adds a definition of "substantial damage". Provides that in the new offenses relating to terrorism, limits references to "terrorist acts" to those defined in the new terrorism Article. Provides that whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute a violation of the new terrorism offenses, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all the assets of that person and, upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. SENATE AMENDMENT NO. 3. Adds reference to: 720 ILCS 545/7 from Ch. 38, par. 84-7 In the Solicitation for Charity Act and the Charitable Trust Act, provides for the forfeiture of assets of a charity if the person knowingly uses the charitable assets in furtherance of a terrorist act. Provides that there must be a showing of probable cause rather than a reasonable suspicion of a violation of terrorism offenses or of the Solicitation for Charity Act or the Charitable Trust Act before the Attorney General may seize assets of the charity. Provides that there must be a finding of a violation by a court after a hearing before the charity may be permanently enjoined from soliciting funds. In the new Article of the Criminal Code of 1961 relating to the new terrorism offenses, provides that an investigation for violation of these offenses may not be initiated or continued for activities protected by the First Amendment to the U.S. Constitution. Amends the Boarding Aircraft With Weapon Act. Changes the penalty for a violation of the Act from a Class A misdemeanor to a Class 4 felony. Makes other changes. SENATE AMENDMENT NO. 5. Provides that in an asset freeze or forfeiture hearing, the court may order the assets released to pay attorney's fees for representation of the defendant in the hearing. SENATE AMENDMENT NO. 6. Provides that the State's Attorney must approve the use of an eavesdropping device (rather than just be notified of the use of the device) to record or listen to a conversation in an investigation of a terrorist offense when a law enforcement officer is a party to the conversation and consents to being intercepted or recorded. Provides that an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of the use. GOVERNOR'S AMENDATORY VETO MESSAGE Deletes reference to: 720 ILCS 5/9-1 Adds reference to: 430 ILCS 65/4 735 ILCS 5/8-802 Recommends that the Firearm Owner's Identification Card Act be further amended to provide that a person applying for a Firearm Owner's Identification Card must submit evidence to the Department of State Police that he or she is not an alien who has been admitted to the United States under a non-immigrant visa, or that he or she is an alien who meets certain requirements. Eliminates a provision that a person who commits first degree murder in connection with or as a result of the offense of terrorism, is eligible for the death penalty. Provides that an in rem proceeding for the forfeiture of seized money or other things of value in connection with a violation of the new terrorism provisions must be commenced within 60 days if the seizure or asset freeze is not followed by a criminal charge. Establishes conditions under which an innocent owner or interest holder in seized assets may assert that the assets are exempt from forfeiture. Amends the Code of Civil Procedure. Provides that a health care practitioner may disclose information that the health care practitioner acquired during the rending of professional services in criminal actions arising from the rendering of a report of a suspected terrorist offense. Makes other changes. Last action on Bill: BILL DEAD-AMENDATORY VETO Last action date: MAR-06-2002 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 5 END OF INQUIRY Full Text Bill Status