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Public Act 92-0854
HB2058 Enrolled LRB9201006ARsb
AN ACT in relation to terrorism.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Solicitation for Charity Act is amended by
adding Section 16.5 as follows:
(225 ILCS 460/16.5 new)
Sec. 16.5. Terrorist acts.
(a) Any person or organization subject to registration
under this Act, who knowingly acts to further, directly or
indirectly, or knowingly uses charitable assets to conduct or
further, directly or indirectly, an act or actions as set
forth in Article 29D of the Criminal Code of 1961, is thereby
engaged in an act or actions contrary to public policy and
antithetical to charity, and all of the funds, assets, and
records of the person or organization shall be subject to
temporary and permanent injunction from use or expenditure
and the appointment of a temporary and permanent receiver to
take possession of all of the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a violation
of this Section or Article 29D of the Criminal Code of 1961,
an immediate seizure of books and records by the Attorney
General by and through his or her assistants or investigators
or the Department of State Police and freezing of all assets
shall be made by order of a court to protect the public,
protect the assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a
person or organization has acted or is in violation of this
Section, the person or organization shall be permanently
enjoined from soliciting funds from the public, holding
charitable funds, or acting as a trustee or fiduciary within
Illinois. Upon a finding of violation all assets and funds
held by the person or organization shall be forfeited to the
People of the State of Illinois or otherwise ordered by the
court to be accounted for and marshaled and then delivered to
charitable causes and uses within the State of Illinois by
court order.
(d) A determination under this Section may be made by
any court separate and apart from any criminal proceedings
and the standard of proof shall be that for civil
proceedings.
(e) Any knowing use of charitable assets to conduct or
further, directly or indirectly, an act or actions set forth
in Article 29D of the Criminal Code of 1961 shall be a misuse
of charitable assets and breach of fiduciary duty relative to
all other Sections of this Act.
Section 10. The Firearm Owners Identification Card Act
is amended by changing Sections 4 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means,
if and when made available by the Department of State
Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or
if he or she is under 21 years of age that he or she
has the written consent of his or her parent or
legal guardian to possess and acquire firearms and
firearm ammunition and that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other
jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a
mental institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is
unlawfully present in the United States under the
laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from
possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated
assault, violation of an order of protection, or a
substantially similar offense in another
jurisdiction, in which a firearm was used or
possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense
in another jurisdiction committed on or after the
effective date of this amendatory Act of 1997; and
(x) He or she has not been convicted within
the past 5 years of domestic battery or a
substantially similar offense in another
jurisdiction committed before the effective date of
this amendatory Act of 1997; and
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for
lawful hunting or sporting purposes;
(2) an official representative of a
foreign government who is:
(A) accredited to the United States
Government or the Government's mission to
an international organization having its
headquarters in the United States; or
(B) en route to or from another
country to which that alien is accredited;
(3) an official of a foreign government
or distinguished foreign visitor who has been
so designated by the Department of State;
(4) a foreign law enforcement officer of
a friendly foreign government entering the
United States on official business; or
(5) one who has received a waiver from
the Attorney General of the United States
pursuant to 18 U.S.C. 922(y)(3); and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in
a mental health institution and disqualified because of
that status from receiving a Firearm Owner's
Identification Card. No mental health care or treatment
records may be requested. The information received shall
be destroyed within one year of receipt.
(a-5) Each applicant for a Firearm Owner's
Identification Card who is over the age of 18 shall furnish
to the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a) (2) (i), the parent or legal guardian giving
the consent shall be liable for any damages resulting from
the applicant's use of firearms or firearm ammunition.
(Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00;
92-442, eff. 8-17-01.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of
issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such
parent or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental
institution within the past 5 years;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
For the purposes of this Section, "mental condition"
means a state of mind manifested by violent, suicidal,
threatening or assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined in
Section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26))), except that this subsection (i-5) does
not apply to any alien who has been lawfully admitted to the
United States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated
by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation of
an order of protection, or a substantially similar offense in
another jurisdiction, in which a firearm was used or
possessed;
(l) A person who has been convicted of domestic battery
or a substantially similar offense in another jurisdiction
committed on or after January 1, 1998;
(m) A person who has been convicted within the past 5
years of domestic battery or a substantially similar offense
in another jurisdiction committed before January 1, 1998; or
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law.
(Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98;
90-655, eff. 7-30-98; 91-694, eff. 4-13-00.)
Section 15. The Criminal Code of 1961 is amended by
changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D
as follows:
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he is attempting or committing a forcible
felony other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was a peace officer or fireman;
or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered
individual was an inmate at such institution or facility
and was killed on the grounds thereof, or the murdered
individual was otherwise present in such institution or
facility with the knowledge and approval of the chief
administrative officer thereof; or
(3) the defendant has been convicted of murdering
two or more individuals under subsection (a) of this
Section or under any law of the United States or of any
state which is substantially similar to subsection (a) of
this Section regardless of whether the deaths occurred
as the result of the same act or of several related or
unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the defendant knew would cause death
or create a strong probability of death or great bodily
harm to the murdered individual or another; or
(4) the murdered individual was killed as a result
of the hijacking of an airplane, train, ship, bus or
other public conveyance; or
(5) the defendant committed the murder pursuant to
a contract, agreement or understanding by which he was to
receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or
(6) the murdered individual was killed in the
course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant,
or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with physical
injuries caused by one or more persons for
whose conduct the defendant is legally
accountable under Section 5-2 of this Code, and
the physical injuries inflicted by either the
defendant or the other person or persons for
whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the
death of the murdered individual or which resulted
in physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph
(a) of paragraph (6) of subsection (b) of this
Section, the defendant acted with the intent to kill
the murdered individual or with the knowledge that
his acts created a strong probability of death or
great bodily harm to the murdered individual or
another; and
(c) the other felony was one of the following:
armed robbery, armed violence, robbery, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnapping,
aggravated vehicular hijacking, forcible detention,
arson, aggravated arson, aggravated stalking,
burglary, residential burglary, home invasion,
calculated criminal drug conspiracy as defined in
Section 405 of the Illinois Controlled Substances
Act, streetgang criminal drug conspiracy as defined
in Section 405.2 of the Illinois Controlled
Substances Act, or the attempt to commit any of the
felonies listed in this subsection (c); or
(7) the murdered individual was under 12 years of
age and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent
to prevent the murdered individual from testifying in any
criminal prosecution or giving material assistance to the
State in any investigation or prosecution, either against
the defendant or another; or the defendant committed the
murder because the murdered individual was a witness in
any prosecution or gave material assistance to the State
in any investigation or prosecution, either against the
defendant or another; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an
institution or facility of the Department of Corrections
at the time of the murder, and while committing an
offense punishable as a felony under Illinois law, or
while engaged in a conspiracy or solicitation to commit
such offense, intentionally killed an individual or
counseled, commanded, induced, procured or caused the
intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or
other governmental unit, killed in the course of
performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, and the defendant knew or
should have known that the murdered individual was an
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of
the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from
a motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a disabled person
and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person
incapable of adequately providing for his or her own
health or personal care; or
(18) the murder was committed by reason of any
person's activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer; or
(19) the murdered individual was subject to an
order of protection and the murder was committed by a
person against whom the same order of protection was
issued under the Illinois Domestic Violence Act of 1986;
or
(20) the murdered individual was known by the
defendant to be a teacher or other person employed in any
school and the teacher or other employee is upon the
grounds of a school or grounds adjacent to a school, or
is in any part of a building used for school purposes;
or.
(21) the murder was committed by the defendant in
connection with or as a result of the offense of
terrorism as defined in Section 29D-30 of this Code.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of
prior criminal activity;
(2) the murder was committed while the defendant
was under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in
the defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of
threat or menace of the imminent infliction of death or
great bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges
the jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives
a jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any
information relevant to any additional aggravating factors or
any mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant
shall be given fair opportunity to rebut any information
received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State
and shall not be satisfied unless established beyond a
reasonable doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury
that one or more of the factors set forth in subsection (b)
exist, the jury shall consider aggravating and mitigating
factors as instructed by the court and shall determine
whether the sentence of death shall be imposed. If the jury
determines unanimously that there are no mitigating factors
sufficient to preclude the imposition of the death sentence,
the court shall sentence the defendant to death.
Unless the jury unanimously finds that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court
finds that none of the factors found in subsection (b)
exists, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
If the Court determines that one or more of the factors
set forth in subsection (b) exists, the Court shall consider
any aggravating and mitigating factors as indicated in
subsection (c). If the Court determines that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence, the Court shall sentence the defendant to
death.
Unless the court finds that there are no mitigating
factors sufficient to preclude the imposition of the sentence
of death, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be
in accordance with rules promulgated by the Supreme Court.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held
to be unconstitutional by the Supreme Court of the United
States or of the State of Illinois, any person convicted of
first degree murder shall be sentenced by the court to a term
of imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over
a person previously sentenced to death shall cause the
defendant to be brought before the court, and the court shall
sentence the defendant to a term of imprisonment under
Chapter V of the Unified Code of Corrections.
(Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
1-1-00.)
(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
Sec. 14-3. Exemptions. The following activities shall
be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of
their employment in the operation, maintenance or repair of
the equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the
hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental to
the main purpose for which such broadcasts are then being
made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to
be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording
and shall not be otherwise disseminated. Failure on the part
of the individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation
of this Section;
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any person
acting at the direction of law enforcement, in the course of
an investigation of a forcible felony, a felony violation of
the Illinois Controlled Substances Act, a felony violation of
the Cannabis Control Act, or any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act. Any
recording or evidence derived as the result of this exemption
shall be inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police
shall issue regulations as are necessary concerning the use
of devices, retention of tape recordings, and reports
regarding their use;
(g-5) With approval of the State's Attorney of the
county in which it is to occur, recording or listening with
the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded in the course
of an investigation of any offense defined in Article 29D of
this Code. In all such cases, 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
such use. In the absence of such an order, or upon its
denial, any continuing use shall immediately terminate. The
Director of State Police shall issue rules as are necessary
concerning the use of devices, retention of tape recordings,
and reports regarding their use.
Any recording or evidence obtained or derived in the
course of an investigation of any offense defined in Article
29D of this Code shall, upon motion of the State's Attorney
or Attorney General prosecuting any violation of Article 29D,
be reviewed in camera with notice to all parties present by
the court presiding over the criminal case, and, if ruled by
the court to be relevant and otherwise admissible, it shall
be admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissable in a court of law
by virtue of the repeal of this subsection (g-5) on January
1, 2005.
(h) Recordings made simultaneously with a video
recording of an oral conversation between a peace officer,
who has identified his or her office, and a person stopped
for an investigation of an offense under the Illinois Vehicle
Code;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or agent
of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another party
to the conversation is committing, is about to commit, or has
committed a criminal offense against the person or a member
of his or her immediate household, and there is reason to
believe that evidence of the criminal offense may be obtained
by the recording; and
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or other
business entity engaged in telephone solicitation, as defined
in this subsection, to record or listen to oral telephone
solicitation conversations or marketing or opinion research
conversations by an employee of the corporation or other
business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion research
or telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing
or opinion research conversation or telephone
solicitation conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired,
or obtained, directly or indirectly, under this exemption
(j), may be, directly or indirectly, furnished to any law
enforcement officer, agency, or official for any purpose or
used in any inquiry or investigation, or used, directly or
indirectly, in any administrative, judicial, or other
proceeding, or divulged to any third party.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording
or listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with notice
that the monitoring or recordings may occur during the course
of their employment. The notice shall include prominent
signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged
by a corporation or other business entity whose principal
business is the design, conduct, and analysis of polls and
surveys measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. (a) A person commits the offense of money
laundering:
(1) when he knowingly engages or attempts to engage
in a financial transaction in criminally derived property
with either the intent to promote the carrying on of the
unlawful activity from which the criminally derived
property was obtained or where he knows or reasonably
should know that the financial transaction is designed in
whole or in part to conceal or disguise the nature, the
location, the source, the ownership or the control of the
criminally derived property; or.
(2) when, with the intent to:
(A) promote the carrying on of a specified
criminal activity as defined in this Article; or
(B) conceal or disguise the nature, location,
source, ownership, or control of property believed
to be the proceeds of a specified criminal activity
as defined by subdivision (b) (6),
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be
the proceeds of specified criminal activity as defined by
subdivision (b) (6) or property used to conduct or
facilitate specified criminal activity as defined by
subdivision (b) (6).
(b) As used in this Section:
(1) "Financial transaction" means a purchase, sale,
loan, pledge, gift, transfer, delivery or other
disposition utilizing criminally derived property, and
with respect to financial institutions, includes a
deposit, withdrawal, transfer between accounts, exchange
of currency, loan, extension of credit, purchase or sale
of any stock, bond, certificate of deposit or other
monetary instrument or any other payment, transfer or
delivery by, through, or to a financial institution. For
purposes of clause (a)(2) of this Section, the term
"financial transaction" also means a transaction which
without regard to whether the funds, monetary
instruments, or real or personal property involved in the
transaction are criminally derived, any transaction which
in any way or degree: (1) involves the movement of funds
by wire or any other means; (2) involves one or more
monetary instruments; or (3) the transfer of title to any
real or personal property. The receipt by an attorney of
bona fide fees for the purpose of legal representation is
not a financial transaction for purposes of this Section.
(2) "Financial institution" means any bank; saving
and loan association; trust company; agency or branch of
a foreign bank in the United States; currency exchange;
credit union, mortgage banking institution; pawnbroker;
loan or finance company; operator of a credit card
system; issuer, redeemer or cashier of travelers checks,
checks or money orders; dealer in precious metals, stones
or jewels; broker or dealer in securities or commodities;
investment banker; or investment company.
(3) "Monetary instrument" means United States coins
and currency; coins and currency of a foreign country;
travelers checks; personal checks, bank checks, and money
orders; investment securities; bearer negotiable
instruments; bearer investment securities; or bearer
securities and certificates of stock in such form that
title thereto passes upon delivery.
(4) "Criminally derived property" means any
property constituting or derived from proceeds obtained,
directly or indirectly, pursuant to a violation of the
Criminal Code of 1961, the Illinois Controlled Substances
Act or the Cannabis Control Act.
(5) "Conduct" or "conducts" includes, in addition
to its ordinary meaning, initiating, concluding, or
participating in initiating or concluding a transaction.
(6) "Specified criminal activity" means any
violation of Section 20.5-5 (720 ILCS 5/20.5-5) and any
violation of Article 29D of this Code.
(c) Sentence.
(1) Laundering of criminally derived property of a
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 is a Class 1 felony;.
(4) Money laundering in violation of subsection
(a)(2) of this Section is a Class X felony.
(Source: P.A. 88-258.)
(720 ILCS 5/Article 29D heading new)
ARTICLE 29D. TERRORISM
(720 ILCS 5/29D-5 new)
Sec. 29D-5. Legislative findings. The devastating
consequences of the barbaric attacks on the World Trade
Center and the Pentagon on September 11, 2001 underscore the
compelling need for legislation that is specifically designed
to combat the evils of terrorism. Terrorism is inconsistent
with civilized society and cannot be tolerated.
A comprehensive State law is urgently needed to
complement federal laws in the fight against terrorism and to
better protect all citizens against terrorist acts.
Accordingly, the legislature finds that our laws must be
strengthened to ensure that terrorists, as well as those who
solicit or provide financial and other support to terrorists,
are prosecuted and punished in State courts with appropriate
severity. The legislature further finds that due to the grave
nature and global reach of terrorism that a comprehensive law
encompassing State criminal statutes and strong civil
remedies is needed.
An investigation may not be initiated or continued for
activities protected by the First Amendment to the United
States Constitution, including expressions of support or the
provision of financial support for the nonviolent political,
religious, philosophical, or ideological goals or beliefs of
any person or group.
(720 ILCS 5/29D-10 new)
Sec. 29D-10. Definitions. As used in this Article, where
not otherwise distinctly expressed or manifestly incompatible
with the intent of this Article:
(a) "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data
among them through communication facilities.
(b) "Computer" means a device that accepts, processes,
stores, retrieves, or outputs data, and includes, but is not
limited to, auxiliary storage and telecommunications devices.
(c) "Computer program" means a series of coded
instruction or statements in a form acceptable to a computer
which causes the computer to process data and supply the
results of data processing.
(d) "Data" means representations of information,
knowledge, facts, concepts or instructions, including program
documentation, that are prepared in a formalized manner and
are stored or processed in or transmitted by a computer. Data
may be in any form, including but not limited to magnetic or
optical storage media, punch cards, or data stored internally
in the memory of a computer.
(e) "Biological products used in or in connection with
agricultural production" includes, but is not limited to,
seeds, plants, and DNA of plants or animals altered for use
in crop or livestock breeding or production or which are
sold, intended, designed, or produced for use in crop
production or livestock breeding or production.
(f) "Agricultural products" means crops and livestock.
(g) "Agricultural production" means the breeding and
growing of livestock and crops.
(h) "Livestock" means animals bred or raised for human
consumption.
(i) "Crops" means plants raised for: (1) human
consumption, (2) fruits that are intended for human
consumption, (3) consumption by livestock, and (4) fruits
that are intended for consumption by livestock.
(j) "Communications systems" means any works, property,
or material of any radio, telegraph, telephone, microwave, or
cable line, station, or system.
(k) "Substantial damage" means monetary damage greater
than $100,000.
(l) "Terrorist act" or "act of terrorism" means: (1) any
act that is intended to cause or create a risk and does cause
or create a risk of death or great bodily harm to one or more
persons; (2) any act that disables or destroys the usefulness
or operation of any communications system; (3) any act or any
series of 2 or more acts committed in furtherance of a single
intention, scheme, or design that disables or destroys the
usefulness or operation of a computer network, computers,
computer programs, or data used by any industry, by any class
of business, or by 5 or more businesses or by the federal
government, State government, any unit of local government, a
public utility, a manufacturer of pharmaceuticals, a national
defense contractor, or a manufacturer of chemical or
biological products used in or in connection with
agricultural production; (4) any act that disables or causes
substantial damage to or destruction of any structure or
facility used in or used in connection with ground, air, or
water transportation; the production or distribution of
electricity, gas, oil, or other fuel; the treatment of sewage
or the treatment or distribution of water; or controlling the
flow of any body of water; (5) any act that causes
substantial damage to or destruction of livestock or to crops
or a series of 2 or more acts committed in furtherance of a
single intention, scheme, or design which, in the aggregate,
causes substantial damage to or destruction of livestock or
crops; (6) any act that causes substantial damage to or
destruction of any hospital or any building or facility used
by the federal government, State government, any unit of
local government or by a national defense contractor or by a
public utility, a manufacturer of pharmaceuticals, a
manufacturer of chemical or biological products used in or in
connection with agricultural production or the storage or
processing of agricultural products or the preparation of
agricultural products for food or food products intended for
resale or for feed for livestock; or (7) any act that causes
substantial damage to any building containing 5 or more
businesses of any type or to any building in which 10 or more
people reside.
(m) "Terrorist" and "terrorist organization" means any
person who engages or is about to engage in a terrorist act
with the intent to intimidate or coerce a significant portion
of a civilian population.
(n) "Material support or resources" means currency or
other financial securities, financial services, lodging,
training, safe houses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, any other
kind of physical assets or intangible property, and expert
services or expert assistance.
(o) "Person" has the meaning given in Section 2-15 of
this Code and, in addition to that meaning, includes, without
limitation, any charitable organization, whether incorporated
or unincorporated, any professional fund raiser, professional
solicitor, limited liability company, association, joint
stock company, association, trust, trustee, or any group of
people formally or informally affiliated or associated for a
common purpose, and any officer, director, partner, member,
or agent of any person.
(p) "Render criminal assistance" means to do any of the
following with the intent to prevent, hinder, or delay the
discovery or apprehension of, or the lodging of a criminal
charge against, a person who he or she knows or believes has
committed an offense under this Article or is being sought by
law enforcement officials for the commission of an offense
under this Article, or with the intent to assist a person in
profiting or benefiting from the commission of an offense
under this Article:
(1) harbor or conceal the person;
(2) warn the person of impending discovery or
apprehension;
(3) provide the person with money, transportation,
a weapon, a disguise, false identification documents, or
any other means of avoiding discovery or apprehension;
(4) prevent or obstruct, by means of force,
intimidation, or deception, anyone from performing an act
that might aid in the discovery or apprehension of the
person or in the lodging of a criminal charge against the
person;
(5) suppress, by any act of concealment,
alteration, or destruction, any physical evidence that
might aid in the discovery or apprehension of the person
or in the lodging of a criminal charge against the
person;
(6) aid the person to protect or expeditiously
profit from an advantage derived from the crime; or
(7) provide expert services or expert assistance to
the person. Providing expert services or expert
assistance shall not be construed to apply to: (1) a
licensed attorney who discusses with a client the legal
consequences of a proposed course of conduct or advises a
client of legal or constitutional rights and (2) a
licensed medical doctor who provides emergency medical
treatment to a person whom he or she believes has
committed an offense under this Article if, as soon as
reasonably practicable either before or after providing
such treatment, he or she notifies a law enforcement
agency.
(720 ILCS 5/29D-15 new)
Sec. 29D-15. Soliciting material support for terrorism;
providing material support for a terrorist act.
(a) A person is guilty of soliciting material support
for terrorism if he or she knowingly raises, solicits, or
collects material support or resources knowing that the
material support or resources will be used, in whole or in
part, to plan, prepare, carry out, or avoid apprehension for
committing terrorism as defined in Section 29D-30 or causing
a catastrophe as defined in Section 20.5-5 (720 ILCS
5/20.5-5) of this Code, or who knows and intends that the
material support or resources so raised, solicited, or
collected will be used in the commission of a terrorist act
as defined in Section 29D-10(1) of this Code by an
organization designated under 8 U.S.C. 1189, as amended. It
is not an element of the offense that the defendant actually
knows that an organization has been designated under 8 U.S.C.
1189, as amended.
(b) A person is guilty of providing material support for
terrorism if he or she knowingly provides material support or
resources to a person knowing that the person will use that
support or those resources in whole or in part to plan,
prepare, carry out, facilitate, or to avoid apprehension for
committing terrorism as defined in Section 29D-30 or to cause
a catastrophe as defined in Section 20.5-5 (720 ILCS
5/20.5-5) of this Code.
(c) Sentence. Soliciting material support for terrorism
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 9 years and no more than 40
years. Providing material support for a terrorist act is a
Class X felony for which the sentence shall be a term of
imprisonment of no less than 9 years and no more than 40
years.
(720 ILCS 5/29D-20 new)
Sec. 29D-20. Making a terrorist threat.
(a) A person is guilty of making a terrorist threat
when, with the intent to intimidate or coerce a significant
portion of a civilian population, he or she in any manner
knowingly threatens to commit or threatens to cause the
commission of a terrorist act as defined in Section 29D-10(1)
and thereby causes a reasonable expectation or fear of the
imminent commission of a terrorist act as defined in Section
29D-10(1) or of another terrorist act as defined in Section
29D-10(1).
(b) It is not a defense to a prosecution under this
Section that at the time the defendant made the terrorist
threat, unknown to the defendant, it was impossible to carry
out the threat, nor is it a defense that the threat was not
made to a person who was a subject or intended victim of the
threatened act.
(c) Sentence. Making a terrorist threat is a Class X
felony.
(720 ILCS 5/29D-25 new)
Sec. 29D-25. Falsely making a terrorist threat.
(a) A person is guilty of falsely making a terrorist
threat when in any manner he or she knowingly makes a threat
to commit or cause to be committed a terrorist act as defined
in Section 29D-10(1) or otherwise knowingly creates the
impression or belief that a terrorist act is about to be or
has been committed, or in any manner knowingly makes a threat
to commit or cause to be committed a catastrophe as defined
in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code which he
or she knows is false.
(b) Sentence. Falsely making a terrorist threat is a
Class 1 felony.
(720 ILCS 5/29D-30 new)
Sec. 29D-30. Terrorism.
(a) A person is guilty of terrorism when, with the
intent to intimidate or coerce a significant portion of a
civilian population:
(1) he or she knowingly commits a terrorist act as
defined in Section 29D-10(1) of this Code within this
State; or
(2) he or she, while outside this State, knowingly
commits a terrorist act as defined in Section 29D-10(1)
of this Code that takes effect within this State or
produces substantial detrimental effects within this
State.
(b) Sentence. Terrorism is a Class X felony. If no
deaths are caused by the terrorist act, the sentence shall be
a term of 20 years to natural life imprisonment; however, if
the terrorist act caused the death of one or more persons, a
mandatory term of natural life imprisonment shall be the
sentence in the event the death penalty is not imposed.
(720 ILCS 5/29D-35 new)
Sec. 29D-35. Hindering prosecution of terrorism.
(a) A person is guilty of hindering prosecution of
terrorism when he or she renders criminal assistance to a
person who has committed terrorism as defined in Section
29D-30 or caused a catastrophe, as defined in Section 20.5-5
of this Code when he or she knows that the person to whom he
or she rendered criminal assistance engaged in an act of
terrorism or caused a catastrophe.
(b) Hindering prosecution of terrorism is a Class X
felony, the sentence for which shall be a term of 20 years to
natural life imprisonment if no death was caused by the act
of terrorism committed by the person to whom the defendant
rendered criminal assistance and a mandatory term of natural
life imprisonment if death was caused by the act of terrorism
committed by the person to whom the defendant rendered
criminal assistance.
(720 ILCS 5/29D-40 new)
Sec. 29D-40. Restitution. In addition to any other
penalty that may be imposed, a court shall sentence any
person convicted of any violation of this Article to pay all
expenses incurred by the federal government, State
government, or any unit of local government in responding to
any violation and cleaning up following any violation.
(720 ILCS 5/29D-45 new)
Sec. 29D-45. Limitations. A prosecution for any offense
in this Article may be commenced at any time.
(720 ILCS 5/29D-60 new)
Sec. 29D-60. Injunctive relief. Whenever it appears to
the Attorney General or any State's Attorney that any person
is engaged in, or is about to engage in, any act that
constitutes or would constitute a violation of this Article,
the Attorney General or any State's Attorney may initiate a
civil action in the circuit court to enjoin the violation.
(720 ILCS 5/29D-65 new)
Sec. 29D-65. Asset freeze, seizure, and forfeiture.
(a) Asset freeze, seizure, and forfeiture in connection
with a violation of this Article.
(1) 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 this
Article, 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. A copy of the freeze or seize
order shall be served upon the person whose assets have
been frozen or seized and that person or any person
claiming an interest in the property may, at any time
within 30 days of service, file a motion to release his
or her assets. Within 10 days that person is entitled to
a hearing. In any proceeding to release assets, the
burden of proof shall be by a preponderance of evidence
and shall be on the State to show that the person used,
was using, is about to use, or is intending to use any
property in any way that constitutes or would constitute
a violation of this Article. If the court finds that any
property was being used, is about to be used, or is
intended to be used in violation of or in any way that
would constitute a violation of this Article, the court
shall order such property frozen or held until further
order of the court. Any property so ordered held or
frozen shall be subject to forfeiture under the following
procedure. Upon the request of the defendant, the court
may release frozen or seized assets sufficient to pay
attorney's fees for representation of the defendant at a
hearing conducted under this Section.
(2) If, within 60 days after any seizure or asset
freeze under subparagraph (1) of this Section, a person
having any property interest in the seized or frozen
property is charged with an offense, the court which
renders judgment upon the charge shall, within 30 days
after the judgment, conduct a forfeiture hearing to
determine whether the property was used, about to be
used, or intended to be used in violation of this Article
or in connection with any violation of this Article, or
was integrally related to any violation or intended
violation of this Article. The hearing shall be commenced
by a written petition by the State, including material
allegations of fact, the name and address of every person
determined by the State to have any property interest in
the seized or frozen property, a representation that
written notice of the date, time, and place of the
hearing has been mailed to every such person by certified
mail at least 10 days before the date, and a request for
forfeiture. Every such person may appear as a party and
present evidence at the hearing. The quantum of proof
required shall be preponderance of the evidence, and the
burden of proof shall be on the State. If the court
determines that the seized or frozen property was used,
about to be used, or intended to be used in violation of
this Article or in connection with any violation of this
Article, or was integrally related to any violation or
intended violation of this Article, an order of
forfeiture and disposition of the seized or frozen money
and property shall be entered. All property forfeited may
be liquidated and the resultant money together with any
money forfeited shall be allocated among the
participating law enforcement agencies in such
proportions as may be determined to be equitable by the
court entering the forfeiture order, any such property so
forfeited shall be received by the State's Attorney or
Attorney General and upon liquidation shall be allocated
among the participating law enforcement agencies in such
proportions as may be determined equitable by the court
entering the forfeiture order.
(3) If a seizure or asset freeze under subparagraph
(1) of this subsection (a) is not followed by a charge
under this Article within 60 days, or if the prosecution
of the charge is permanently terminated or indefinitely
discontinued without any judgment of conviction or a
judgment of acquittal is entered, the State's Attorney or
Attorney General shall immediately commence an in rem
proceeding for the forfeiture of any seized money or
other things of value, or both, in the circuit court and
any person having any property interest in the money or
property may commence separate civil proceedings in the
manner provided by law. Any property so forfeited shall
be allocated among the participating law enforcement
agencies in such proportions as may be determined to be
equitable by the court entering the forfeiture order.
(b) Forfeiture of property acquired in connection with a
violation of this Article.
(1) Any person who commits any offense under this
Article shall forfeit, according to the provisions of
this Section, any moneys, profits, or proceeds, and any
interest or property in which the sentencing court
determines he or she has acquired or maintained, directly
or indirectly, in whole or in part, as a result of, or
used, was about to be used, or was intended to be used in
connection with the offense. The person shall also
forfeit any interest in, security, claim against, or
contractual right of any kind which affords the person a
source of influence over any enterprise which he or she
has established, operated, controlled, conducted, or
participated in conducting, where his or her relationship
to or connection with any such thing or activity directly
or indirectly, in whole or in part, is traceable to any
item or benefit which he or she has obtained or acquired
through an offense under this Article or which he or she
used, about to use, or intended to use in connection with
any offense under this Article. Forfeiture under this
Section may be pursued in addition to or in lieu of
proceeding under subsection (a) of this Section.
(2) Proceedings instituted under this subsection
shall be subject to and conducted in accordance with the
following procedures:
(A) The sentencing court shall, upon petition
by the prosecuting agency, whether it is the
Attorney General or the State's Attorney, at any
time following sentencing, conduct a hearing to
determine whether any property or property interest
is subject to forfeiture under this subsection. At
the forfeiture hearing the People of the State of
Illinois shall have the burden of establishing, by a
preponderance of the evidence, that the property or
property interests are subject to forfeiture.
(B) In any action brought by the People of the
State of Illinois under this Section, the court
shall have jurisdiction to enter such restraining
orders, injunctions, or prohibitions, or to take
such other action in connection with any real,
personal, or mixed property, or other interest,
subject to forfeiture, as it shall consider proper.
(C) In any action brought by the People of the
State of Illinois under this subsection in which any
restraining order, injunction, or prohibition or any
other action in connection with any property or
interest subject to forfeiture under this subsection
is sought, the circuit court presiding over the
trial of the person or persons charged with a
violation under this Article shall first determine
whether there is probable cause to believe that the
person or persons so charged have committed an
offense under this Article and whether the property
or interest is subject to forfeiture under this
subsection. In order to make this determination,
prior to entering any such order, the court shall
conduct a hearing without a jury in which the People
shall establish: (i) probable cause that the person
or persons so charged have committed an offense
under this Article; and (ii) probable cause that any
property or interest may be subject to forfeiture
under this subsection. The hearing may be conducted
simultaneously with a preliminary hearing if the
prosecution is commenced by information, or by
motion of the People at any stage in the
proceedings. The court may enter a finding of
probable cause at a preliminary hearing following
the filing of information charging a violation of
this Article or the return of an indictment by a
grand jury charging an offense under this Article as
sufficient probable cause for purposes of this
subsection. Upon such a finding, the circuit court
shall enter such restraining order, injunction, or
prohibition or shall take such other action in
connection with any such property or other interest
subject to forfeiture under this subsection as is
necessary to ensure that the property is not removed
from the jurisdiction of the court, concealed,
destroyed, or otherwise disposed of by the owner or
holder of that property or interest prior to a
forfeiture hearing under this subsection. The
Attorney General or State's Attorney shall file a
certified copy of the restraining order, injunction,
or other prohibition with the recorder of deeds or
registrar of titles of each county where any such
property of the defendant may be located. No such
injunction, restraining order, or other prohibition
shall affect the rights of any bona fide purchaser,
mortgagee, judgment creditor, or other lien holder
arising prior to the date of such filing. The court
may, at any time, upon verified petition by the
defendant, conduct a hearing to release all or
portions of any such property or interest which the
court previously determined to be subject to
forfeiture or subject to any restraining order,
injunction, prohibition, or other action. The court
may release the property to the defendant for good
cause shown and within the sound discretion of the
court.
(D) Upon a conviction of a person under this
Article, the court shall authorize the Attorney
General or State's Attorney to seize and sell all
property or other interest declared forfeited under
this Article, unless the property is required by law
to be destroyed or is harmful to the public. The
court may order the Attorney General or State's
Attorney to segregate funds from the proceeds of the
sale sufficient: (1) to satisfy any order of
restitution, as the court may deem appropriate; (2)
to satisfy any legal right, title, or interest which
the court deems superior to any right, title, or
interest of the defendant at the time of the
commission of the acts which gave rise to forfeiture
under this subsection; or (3) to satisfy any
bona-fide purchaser for value of the right, title,
or interest in the property who was without
reasonable notice that the property was subject to
forfeiture. Following the entry of an order of
forfeiture, the Attorney General or State's Attorney
shall publish notice of the order and his or her
intent to dispose of the property. Within 30 days
following the publication, any person may petition
the court to adjudicate the validity of his or her
alleged interest in the property. After the
deduction of all requisite expenses of
administration and sale, the Attorney General or
State's Attorney shall distribute the proceeds of
the sale, along with any moneys forfeited or seized,
among participating law enforcement agencies in such
equitable portions as the court shall determine.
(E) No judge shall release any property or
money seized under subdivision (A) or (B) for the
payment of attorney's fees of any person claiming an
interest in such money or property.
(c) Exemptions from forfeiture. A property interest is
exempt from forfeiture under this Section if its owner or
interest holder establishes by a preponderance of evidence
that the owner or interest holder:
(A)(i) in the case of personal property, is not
legally accountable for the conduct giving rise to the
forfeiture, did not acquiesce in it, and did not know and
could not reasonably have known of the conduct or that
the conduct was likely to occur, or
(ii) in the case of real property, is not legally
accountable for the conduct giving rise to the
forfeiture, or did not solicit, conspire, or attempt to
commit the conduct giving rise to the forfeiture; and
(B) had not acquired and did not stand to acquire
substantial proceeds from the conduct giving rise to its
forfeiture other than as an interest holder in an arms
length commercial transaction; and
(C) with respect to conveyances, did not hold the
property jointly or in common with a person whose conduct
gave rise to the forfeiture; and
(D) does not hold the property for the benefit of
or as nominee for any person whose conduct gave rise to
its forfeiture, and, if the owner or interest holder
acquired the interest through any such person, the owner
or interest holder acquired it as a bona fide purchaser
for value without knowingly taking part in the conduct
giving rise to the forfeiture; and
(E) that the owner or interest holder acquired the
interest:
(i) before the commencement of the conduct
giving rise to its forfeiture and the person whose
conduct gave rise to its forfeiture did not have the
authority to convey the interest to a bona fide
purchaser for value at the time of the conduct; or
(ii) after the commencement of the conduct
giving rise to its forfeiture, and the owner or
interest holder acquired the interest as a
mortgagee, secured creditor, lien holder, or bona
fide purchaser for value without knowledge of the
conduct which gave rise to the forfeiture; and
(a) in the case of personal property,
without knowledge of the seizure of the
property for forfeiture; or
(b) in the case of real estate, before
the filing in the office of the Recorder of
Deeds of the county in which the real estate is
located of a notice of seizure for forfeiture
or a lis pendens notice.
(720 ILCS 5/29D-70 new)
Sec. 29D-70. Severability. If any clause, sentence,
Section, provision, or part of this Article or the
application thereof to any person or circumstance shall be
adjudged to be unconstitutional, the remainder of this
Article or its application to persons or circumstances other
than those to which it is held invalid, shall not be affected
thereby.
Section 17. The Boarding Aircraft With Weapon Act is
amended by changing Section 7 as follows:
(720 ILCS 545/7) (from Ch. 38, par. 84-7)
Sec. 7. Sentence. Violation of this Act is a Class 4
felony A misdemeanor.
(Source: P.A. 82-662.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Sections 108-4, 108A-6, 108B-1, 108B-2,
108B-3, 108B-4, 108B-5, 108B-7, 108B-8, 108B-9, 108B-10,
108B-11, 108B-12, and 108B-14 and adding Section 108B-7.5 as
follows:
(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
Sec. 108-4. Issuance of search warrant.
(a) All warrants upon written complaint shall state the
time and date of issuance and be the warrants of the judge
issuing the same and not the warrants of the court in which
he is then sitting and such warrants need not bear the seal
of the court or clerk thereof. The complaint on which the
warrant is issued need not be filed with the clerk of the
court nor with the court if there is no clerk until the
warrant has been executed or has been returned "not
executed".
The search warrant upon written complaint may be issued
electronically or electromagnetically by use of a facsimile
transmission machine and any such warrant shall have the same
validity as a written search warrant.
(b) Warrant upon oral testimony.
(1) General rule. When the offense in connection
with which a search warrant is sought constitutes
terrorism or any related offense as defined in Article
29D of the Criminal Code of 1961, and if the
circumstances make it reasonable to dispense, in whole or
in part, with a written affidavit, a judge may issue a
warrant based upon sworn testimony communicated by
telephone or other appropriate means, including facsimile
transmission.
(2) Application. The person who is requesting the
warrant shall prepare a document to be known as a
duplicate original warrant and shall read such duplicate
original warrant, verbatim, to the judge. The judge shall
enter, verbatim, what is so read to the judge on a
document to be known as the original warrant. The judge
may direct that the warrant be modified.
(3) Issuance. If the judge is satisfied that the
offense in connection with which the search warrant is
sought constitutes terrorism or any related offense as
defined in Article 29D of the Criminal Code of 1961, that
the circumstances are such as to make it reasonable to
dispense with a written affidavit, and that grounds for
the application exist or that there is probable cause to
believe that they exist, the judge shall order the
issuance of a warrant by directing the person requesting
the warrant to sign the judge's name on the duplicate
original warrant. The judge shall immediately sign the
original warrant and enter on the face of the original
warrant the exact time when the warrant was ordered to be
issued. The finding of probable cause for a warrant upon
oral testimony may be based on the same kind of evidence
as is sufficient for a warrant upon affidavit.
(4) Recording and certification of testimony. When
a caller informs the judge that the purpose of the call
is to request a warrant, the judge shall immediately
place under oath each person whose testimony forms a
basis of the application and each person applying for
that warrant. If a voice recording device is available,
the judge shall record by means of the device all of the
call after the caller informs the judge that the purpose
of the call is to request a warrant, otherwise a
stenographic or longhand verbatim record shall be made.
If a voice recording device is used or a stenographic
record made, the judge shall have the record transcribed,
shall certify the accuracy of the transcription, and
shall file a copy of the original record and the
transcription with the court. If a longhand verbatim
record is made, the judge shall file a signed copy with
the court.
(5) Contents. The contents of a warrant upon oral
testimony shall be the same as the contents of a warrant
upon affidavit.
(6) Additional rule for execution. The person who
executes the warrant shall enter the exact time of
execution on the face of the duplicate original warrant.
(7) Motion to suppress based on failure to obtain a
written affidavit. Evidence obtained pursuant to a
warrant issued under this subsection (b) is not subject
to a motion to suppress on the ground that the
circumstances were not such as to make it reasonable to
dispense with a written affidavit, absent a finding of
bad faith. All other grounds to move to suppress are
preserved.
(8) This subsection (b) is inoperative on and after
January 1, 2005.
(9) No evidence obtained pursuant to this subsection
(b) shall be inadmissable in a court of law by virtue of
subdivision (8).
(Source: P.A. 87-523.)
(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
Sec. 108A-6. Emergency Exception to Procedures. (a)
Notwithstanding any other provisions of this Article, any
investigative or law enforcement officer, upon approval of a
State's Attorney, or without it if a reasonable effort has
been made to contact the appropriate State's Attorney, may
use an eavesdropping device in an emergency situation as
defined in this Section. Such use must be in accordance with
the provisions of this Section and may be allowed only where
the officer reasonably believes that an order permitting the
use of the device would issue were there a prior hearing.
An emergency situation exists when, without previous
notice to the law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard or
recorded will occur within a short period of time, the use of
the device is necessary for the protection of the law
enforcement officer or it will occur in a situation involving
a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the
holding of a hostage by force or the threat of the imminent
use of force; or (2) the occupation by force or the threat of
the imminent use of force of any premises, place, vehicle,
vessel or aircraft; or (3) any violation of Article 29D.
(b) In all such cases, 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
such use. In the absence of such an order, or upon its
denial, any continuing use shall immediately terminate.
In order to approve such emergency use, the judge must
make a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency situation as
defined in this Section.
(c) In the event that an application for approval under
this Section is denied the contents of the conversations
overheard or recorded shall be treated as having been
obtained in violation of this Article.
(Source: P.A. 86-763.)
(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this
Article:
(a) "Aggrieved person" means a person who was a party to
any intercepted private wire or oral communication or any
person against whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge
authorized to receive application for, and to enter orders
authorizing, interceptions of private oral communications,
the Chief Judge of the Circuit Court wherein the application
for order of interception is filed, or a Circuit Judge
designated by the Chief Judge to enter these orders. In
circuits other than the Cook County Circuit, "Chief Judge"
also means, when referring to a judge authorized to receive
application for, and to enter orders authorizing,
interceptions of private oral communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases
who is assigned by the Chief Judge to enter these orders.
After assignment by the Chief Judge, an Associate Judge shall
have plenary authority to issue orders without additional
authorization for each specific application made to him by
the State's Attorney until the time the Associate Judge's
power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person
engaged as a common carrier for hire in the transmission of
communications by wire or radio, not including radio
broadcasting.
(d) "Contents" includes information obtained from a
private oral communication concerning the existence,
substance, purport or meaning of the communication, or the
identity of a party of the communication.
(e) "Court of competent jurisdiction" means any circuit
court.
(f) "Department" means Illinois Department of State
Police.
(g) "Director" means Director of the Illinois Department
of State Police.
(g-1) "Electronic communication" means any transfer of
signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or part by a
wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and
receiving parties intend the electronic communication to be
private and the interception, recording, or transcription of
the electronic communication is accomplished by a device in a
surreptitious manner contrary to the provisions of this
Article. "Electronic communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or
"eavesdropping device" means any device or apparatus, or
computer program including an induction coil, that can be
used to intercept private communication human speech other
than:
(1) Any telephone, telegraph or telecommunication
instrument, equipment or facility, or any component of
it, furnished to the subscriber or user by a
communication common carrier in the ordinary course of
its business, or purchased by any person and being used
by the subscriber, user or person in the ordinary course
of his business, or being used by a communications common
carrier in the ordinary course of its business, or by an
investigative or law enforcement officer in the ordinary
course of his duties; or
(2) A hearing aid or similar device being used to
correct subnormal hearing to not better than normal.
(i) "Electronic criminal surveillance officer" means any
law enforcement officer of the United States or of the State
or political subdivision of it, or of another State, or of a
political subdivision of it, who is certified by the Illinois
Department of State Police to intercept private oral
communications.
(j) "In-progress trace" means to determine the origin of
a wire communication to a telephone or telegraph instrument,
equipment or facility during the course of the communication.
(k) "Intercept" means the aural or other acquisition of
the contents of any private oral communication through the
use of any electronic criminal surveillance device.
(l) "Journalist" means a person engaged in, connected
with, or employed by news media, including newspapers,
magazines, press associations, news agencies, wire services,
radio, television or other similar media, for the purpose of
gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement
agency of the United States, or the State or a political
subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one party to another, in person, by wire
communication or by any other means.
(o) "Private oral communication" means a wire, or oral,
or electronic communication uttered or transmitted by a
person exhibiting an expectation that the communication is
not subject to interception, under circumstances reasonably
justifying the expectation. Circumstances that reasonably
justify the expectation that a communication is not subject
to interception include the use of a cordless telephone or
cellular communication device.
(p) "Wire communication" means any human speech used to
communicate by one party to another in whole or in part
through the use of facilities for the transmission of
communications by wire, cable or other like connection
between the point of origin and the point of reception
furnished or operated by a communications common carrier.
(q) "Privileged communications" means a private oral
communication between:
(1) a licensed and practicing physician and a
patient within the scope of the profession of the
physician;
(2) a licensed and practicing psychologist to a
patient within the scope of the profession of the
psychologist;
(3) a licensed and practicing attorney-at-law and a
client within the scope of the profession of the lawyer;
(4) a practicing clergyman and a confidant within
the scope of the profession of the clergyman;
(5) a practicing journalist within the scope of his
profession;
(6) spouses within the scope of their marital
relationship; or
(7) a licensed and practicing social worker to a
client within the scope of the profession of the social
worker.
(Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)
(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
Sec. 108B-2. Request for application for interception.
(a) A State's Attorney may apply for an order authorizing
interception of private oral communications in accordance
with the provisions of this Article.
(b) The head of a law enforcement agency, including, for
purposes of this subsection, the acting head of such law
enforcement agency if the head of such agency is absent or
unable to serve, may request that a State's Attorney apply
for an order authorizing interception of private oral
communications in accordance with the provisions of this
Article.
Upon request of a law enforcement agency, the Department
may provide technical assistance to such an agency which is
authorized to conduct an interception.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
Sec. 108B-3. Authorization for the interception of
private oral communication.
(a) The State's Attorney, or a person designated in
writing or by law to act for him and to perform his duties
during his absence or disability, may authorize, in writing,
an ex parte application to the chief judge of a court of
competent jurisdiction for an order authorizing the
interception of a private oral communication when no party
has consented to the interception and (i) the interception
may provide evidence of, or may assist in the apprehension of
a person who has committed, is committing or is about to
commit, a violation of Section 8-1.1 (solicitation of
murder), 8-1.2 (solicitation of murder for hire), 9-1 (first
degree murder), or 29B-1 (money laundering) of the Criminal
Code of 1961, Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
the Illinois Controlled Substances Act, a violation of
Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4,
or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of
1961 or conspiracy to commit money laundering or conspiracy
to commit first degree murder; (ii) in response to a clear
and present danger of imminent death or great bodily harm to
persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force;
or (2) the occupation by force or the threat of the imminent
use of force of any premises, place, vehicle, vessel or
aircraft; (iii) to aid an investigation or prosecution of a
civil action brought under the Illinois Streetgang Terrorism
Omnibus Prevention Act when there is probable cause to
believe the interception of the private oral communication
will provide evidence that a streetgang is committing, has
committed, or will commit a second or subsequent gang-related
offense or that the interception of the private oral
communication will aid in the collection of a judgment
entered under that Act; or (iv) upon information and belief
that a streetgang has committed, is committing, or is about
to commit a felony.
(b) The State's Attorney or a person designated in
writing or by law to act for the State's Attorney and to
perform his or her duties during his or her absence or
disability, may authorize, in writing, an ex parte
application to the chief judge of a circuit court for an
order authorizing the interception of a private communication
when no party has consented to the interception and the
interception may provide evidence of, or may assist in the
apprehension of a person who has committed, is committing or
is about to commit, a violation of an offense under Article
29D of the Criminal Code of 1961.
(b-1) Subsection (b) is inoperative on and after January
1, 2005.
(b-2) No conversations recorded or monitored pursuant to
subsection (b) shall be made inadmissable in a court of law
by virtue of subsection (b-1).
(c) As used in this Section, "streetgang" and
"gang-related" have the meanings ascribed to them in Section
10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(Source: P.A. 88-249; 88-677, eff. 12-15-94.)
(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
Sec. 108B-4. Application for order of interception. (a)
Each application for an order of authorization to intercept a
private oral communication shall be made in writing upon oath
or affirmation and shall include:
(1) The authority of the applicant to make the
application;
(2) The identity of the electronic criminal surveillance
officer for whom the authority to intercept a private oral
communication is sought;
(3) The facts relied upon by the applicant including:
(i) The identity of the particular person, if known, who
is committing, is about to commit, or has committed the
offense and whose private communication is to be intercepted;
(ii) The details as to the particular offense that has
been, is being, or is about to be committed;
(iii) The particular type of private communication to be
intercepted;
(iv) Except as provided in Section 108B-7.5, a showing
that there is probable cause to believe that the private
communication will be communicated on the particular wire or
electronic communication facility involved or at the
particular place where the oral communication is to be
intercepted;
(v) Except as provided in Section 108B-7.5, the
character and location of the particular wire or electronic
communication facilities involved or the particular place
where the oral communication is to be intercepted;
(vi) The objective of the investigation;
(vii) A statement of the period of time for which the
interception is required to be maintained, and, if the
objective of the investigation is such that the authorization
for interception should not automatically terminate when the
described type of communication has been first obtained, a
particular statement of facts establishing probable cause to
believe that additional communications of the same type will
continue to occur;
(viii) A particular statement of facts showing that
other normal investigative procedures with respect to the
offense have been tried and have failed, or reasonably appear
to be unlikely to succeed if tried, or are too dangerous to
employ;
(4) Where the application is for the extension of an
order, a statement of facts showing the results obtained from
the interception, or a reasonable explanation of the failure
to obtain results;
(5) A statement of the facts concerning all previous
applications known to the applicant made to any court for
authorization to intercept a private an oral, electronic, or
wire communication involving any of the same facilities or
places specified in the application or involving any person
whose communication is to be intercepted, and the action
taken by the court on each application;
(6) A proposed order of authorization for consideration
by the judge; and
(7) Such additional statements of facts in support of
the application on which the applicant may rely or as the
chief judge may require.
(b) As part of the consideration of that part of an
application for which there is no corroborative evidence
offered, the chief judge may inquire in camera as to the
identity of any informant or request any other additional
information concerning the basis upon which the State's
Attorney, or the head of the law enforcement agency has
relied in making an application or a request for application
for the order of authorization which the chief judge finds
relevant to the determination of probable cause under this
Article.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
Sec. 108B-5. Requirements for order of interception.
Upon consideration of an application, the chief judge may
enter an ex parte order, as requested or as modified,
authorizing the interception of a private oral communication,
if the chief judge determines on the basis of the application
submitted by the applicant, that:
(1) There is probable cause for belief that (a) the
person whose private communication is to be intercepted is
committing, has committed, or is about to commit an offense
enumerated in Section 108B-3, or (b) the facilities from
which, or the place where, the private oral communication is
to be intercepted, is, has been, or is about to be used in
connection with the commission of the offense, or is leased
to, listed in the name of, or commonly used by, the person;
and
(2) There is probable cause for belief that a particular
private communication concerning such offense may be obtained
through the interception; and
(3) Normal investigative procedures with respect to the
offense have been tried and have failed or reasonably appear
to be unlikely to succeed if tried or too dangerous to
employ; and
(4) The electronic criminal surveillance officers to be
authorized to supervise the interception of the private oral
communication have been certified by the Department.
(b) In the case of an application, other than for an
extension, for an order to intercept a communication of a
person or on a wire communication facility that was the
subject of a previous order authorizing interception, the
application shall be based upon new evidence or information
different from and in addition to the evidence or information
offered to support the prior order, regardless of whether the
evidence was derived from prior interceptions or from other
sources.
(c) The chief judge may authorize interception of a
private oral communication anywhere in the judicial circuit.
If the court authorizes the use of an eavesdropping device
with respect to a vehicle, watercraft, or aircraft that is
within the judicial circuit at the time the order is issued,
the order may provide that the interception may continue
anywhere within the State if the vehicle, watercraft, or
aircraft leaves the judicial circuit.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)
Sec. 108B-7. Contents of order for use of eavesdropping
device. (a) Each order authorizing the interception of a
private oral communication shall state:
(1) The chief judge is authorized to issue the order;
(2) The identity of, or a particular description of, the
person, if known, whose private communications are to be
intercepted;
(3) The character and location of the particular wire
communication facilities as to which, or the particular place
of the communications as to which, authority to intercept is
granted;
(4) A particular description of the type of private
communication to be intercepted and a statement of the
particular offense to which it relates;
(5) The identity and certification of the electronic
criminal surveillance officers to whom the authority to
intercept a private oral communication is given and the
identity of the person who authorized the application; and
(6) The period of time during which the interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
(b) No order entered under this Section shall authorize
the interception of private oral communications for a period
of time in excess of that necessary to achieve the objective
of the authorization. Every order entered under this Section
shall require that the interception begin and terminate as
soon as practicable and be conducted in such a manner as to
minimize the interception of communications not otherwise
subject to interception. No order, other than for an
extension, entered under this Section may authorize the
interception of private oral communications for any period
exceeding 30 days. Extensions of an order may be granted for
periods of not more than 30 days. No extension shall be
granted unless an application for it is made in accordance
with Section 108B-4 and the judge makes the findings required
by Section 108B-5 and, where necessary, Section 108B-6.
(c) Whenever an order authorizing an interception is
entered, the order shall require reports to be made to the
chief judge who issued the order showing what progress has
been made toward achievement of the authorized objective and
the need for continued interception. The reports shall be
made at such intervals as the judge may require.
(d) An order authorizing the interception of a private
oral communication shall, upon request of the applicant,
direct that a communications common carrier, landlord, owner,
building operator, custodian, or other person furnish the
applicant forthwith all information, facilities and technical
assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the
services that the carrier, owner, building operator,
landlord, custodian, or person is affording the person whose
communication is to be intercepted. The obligation of a
communications common carrier under the order may include
conducting an in-progress trace during an interception. Any
communications common carrier, landlord, owner, building
operator, custodian, or person furnishing the facilities or
technical assistance shall be compensated by the applicant at
the prevailing rates.
(e) A communications common carrier, landlord, owner,
building operator, custodian, or other person who has been
provided with an order issued under this Article shall not
disclose the existence of the order of interception, or of a
device used to accomplish the interception unless:
(1) He is required to do so by legal process; and
(2) He has given prior notification to the State's
Attorney, who has authorized the application for the order.
(f) An order authorizing the interception of a private
oral communication shall, upon the request of the applicant,
authorize the entry into the place or facilities by
electronic criminal surveillance officers as often as
necessary for the purpose of installing, maintaining or
removing an intercepting device where the entry is necessary
to conduct or complete the interception. The chief judge who
issues the order shall be notified of the fact of each entry
prior to entry, if practicable, and, in any case, within 48
hours of entry.
(g) (1) Notwithstanding any provision of this Article,
any chief judge of a court of competent jurisdiction to which
any application is made under this Article may take any
evidence, make any finding, or issue any order to conform the
proceedings or the issuance of any order to the Constitution
of the United States, or of any law of the United States or
to the Constitution of the State of Illinois or to the laws
of Illinois.
(2) When the language of this Article is the same or
similar to the language of Title III of P.L. 90-351 (82 Stat.
211 et seq., codified at, 18 U.S.C. 2510 et seq.), the courts
of this State in construing this Article shall follow the
construction given to Federal law by the United States
Supreme Court or United States Court of Appeals for the
Seventh Circuit.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-7.5 new)
Sec. 108B-7.5. Applicability.
(a) The requirements of subdivisions (a)(3)(iv) and
(a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section
108B-5, and subdivision (a)(3) of Section 108B-7 of this
Article relating to the specification of the facilities from
which, or the place where, the communication is to be
intercepted do not apply if:
(1) in the case of an application with respect to
the interception of an oral communication:
(A) the application is by the State's
Attorney, or a person designated in writing or by
law to act for the State's Attorney and to perform
his or her duties during his or her absence or
disability;
(B) the application contains a full and
complete statement as to why such specification is
not practical and identifies the person committing
the offense and whose communications are to be
intercepted;
(C) the judge finds that such specification is
not practical; and
(D) the order sought is in connection with an
investigation of a violation of Article 29D of the
Criminal Code of 1961.
(2) in the case of an application with respect to a
wire or electronic communication:
(A) the application is by the State's
Attorney, or a person designated in writing or by
law to act for the State's Attorney and to perform
his or her duties during his or her absence or
disability;
(B) the application identifies the person
believed to be committing the offense and whose
communications are to be intercepted and the
applicant makes a showing that there is probable
cause to believe that the person's actions could
have the effect of thwarting interception from a
specified facility;
(C) the judge finds that such showing has been
adequately made;
(D) the order authorizing or approving the
interception is limited to interception only for
such time as it is reasonable to presume that the
person identified in the application is or was
reasonably proximate to the instrument through which
such communication will be or was transmitted; and
(E) the order sought is in connection with an
investigation of a violation of Article 29D of the
Criminal Code of 1961.
(b) An interception of a communication under an order
with respect to which the requirements of subdivisions
(a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision
(1)(b) of Section 108B-5, and subdivision (a)(3) of Section
108B-7 of this Article do not apply by reason of this Section
shall not begin until the place where the communication is to
be intercepted is ascertained by the person implementing the
interception order. A provider of wire or electronic
communications service that has received an order as provided
for in subdivision (a)(2) may upon notice to the People move
the court to modify or quash the order on the ground that its
assistance with respect to the interception cannot be
performed in a timely or reasonable fashion. The court shall
decide such a motion expeditiously.
(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
Sec. 108B-8. Emergency use of eavesdropping device. (a)
Whenever, upon informal application by the State's Attorney,
a chief judge of competent jurisdiction determines that:
(1) There may be grounds upon which an order could be
issued under this Article;
(2) There is probable cause to believe that an emergency
situation exists with respect to the investigation of an
offense enumerated in Section 108B-3; and
(3) There is probable cause to believe that a
substantial danger to life or limb exists justifying the
authorization for immediate interception of a private oral
communication before formal application for an order could
with due diligence be submitted to him and acted upon; the
chief judge may grant oral approval for an interception,
without an order, conditioned upon the filing with him,
within 48 hours, of an application for an order under Section
108B-4 which shall also recite the oral approval under this
Section and be retroactive to the time of the oral approval.
(b) Interception under oral approval under this Section
shall immediately terminate when the communication sought is
obtained or when the application for an order is denied,
whichever is earlier.
(c) In the event no formal application for an order is
subsequently made under this Section, the content of any
private oral communication intercepted under oral approval
under this Section shall be treated as having been obtained
in violation of this Article.
(d) In the event no application for an order is made
under this Section or an application made under this Section
is subsequently denied, the judge shall cause an inventory to
be served under Section 108B-11 of this Article and shall
require the tape or other recording of the intercepted
communication to be delivered to, and sealed by, the judge.
The evidence shall be retained by the court, and it shall not
be used or disclosed in any legal proceeding, except a civil
action brought by an aggrieved person under Section 14-6 of
the Criminal Code of 1961, or as otherwise authorized by the
order of a court of competent jurisdiction. In addition to
other remedies or penalties provided by law, failure to
deliver any tape or other recording to the chief judge shall
be punishable as contempt by the judge directing the
delivery.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
Sec. 108B-9. Recordings, records and custody.
(a) Any private oral communication intercepted in
accordance with this Article shall, if practicable, be
recorded by tape or other comparable method. The recording
shall, if practicable, be done in such a way as will protect
it from editing or other alteration. During an interception,
the interception shall be carried out by an electronic
criminal surveillance officer, and, if practicable, such
officer shall keep a signed, written record, including:
(1) The date and hours of surveillance;
(2) The time and duration of each intercepted
communication;
(3) The parties, if known, to each intercepted
conversation; and
(4) A summary of the contents of each intercepted
communication.
(b) Immediately upon the expiration of the order or its
extensions, the tapes and other recordings shall be
transferred to the chief judge issuing the order and sealed
under his direction. Custody of the tapes, or other
recordings, shall be maintained wherever the chief judge
directs. They shall not be destroyed except upon an order of
a court of competent jurisdiction and in any event shall be
kept for 10 years. Duplicate tapes or other recordings may
be made for disclosure or use under paragraph (a) of Section
108B-2a of this Article. The presence of the seal provided
by this Section, or a satisfactory explanation for its
absence, shall be a prerequisite for the disclosure of the
contents of any private oral communication, or evidence
derived from it, under paragraph (b) of Section 108B-2a of
this Article.
(Source: P.A. 86-763.)
(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
Sec. 108B-10. Applications, orders, and custody.
(a) Applications made and orders granted under this
Article for the interception of private oral communications
shall be sealed by the chief judge issuing or denying them
and held in custody as the judge shall direct. The
applications and orders shall be kept for a period of 10
years. Destruction of the applications and orders prior to
the expiration of that period of time may be made only upon
the order of a court of competent jurisdiction. Disclosure
of the applications and orders may be ordered by a court of
competent jurisdiction on a showing of good cause.
(b) The electronic criminal surveillance officer shall
retain a copy of applications and orders for the interception
of private oral communications. The applications and orders
shall be kept for a period of 10 years. Destruction of the
applications and orders prior to the expiration of that
period of time may be made only upon an order of a court of
competent jurisdiction. Disclosure and use of the
applications and orders may be made by an electronic criminal
surveillance officer only in the proper performance of his
official duties.
(c) In addition to any other remedies or penalties
provided by law, any violation of this Section shall be
punishable as contempt of court.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
Sec. 108B-11. Inventory.
(a) Within a reasonable period of time but not later than
90 days after the termination of the period of the order, or
its extensions, or the date of the denial of an application
made under Section 108B-8, the chief judge issuing or denying
the order or extension shall cause an inventory to be served
on any person:
(1) Named in the order;
(2) Arrested as a result of the interception of his
private oral communication;
(3) Indicted or otherwise charged as a result of the
interception of his private oral communication;
(4) Any person whose private oral communication was
intercepted and who the judge issuing or denying the order or
application may in his discretion determine should be
informed in the interest of justice.
(b) The inventory under this Section shall include:
(1) Notice of the entry of the order or the application
for an order denied under Section 108B-8;
(2) The date of the entry of the order or the denial of
an order applied for under Section 108B-8;
(3) The period of authorized or disapproved
interception; and
(4) The fact that during the period a private oral
communication was or was not intercepted.
(c) A court of competent jurisdiction, upon filing of a
motion, may in its discretion make available to those persons
or their attorneys for inspection those portions of the
intercepted communications, applications and orders as the
court determines to be in the interest of justice.
(d) On an ex parte showing of good cause to a court of
competent jurisdiction, the serving of the inventories
required by this Section may be postponed for a period not to
exceed 12 months.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
Sec. 108B-12. Approval, notice, suppression.
(a) If an electronic criminal surveillance officer,
while intercepting a private oral communication in accordance
with the provision of this Article, intercepts a private oral
communication that relates to an offense other than an
offense enumerated in Section 108B-3 of the Act, or relates
to an offense enumerated in Section 108B-3 but not specified
in the order of authorization, the State's Attorney, or a
person designated in writing or by law to act for him, may,
in order to permit the disclosure or use of the information
under Section 108B-2a of this Act, make a motion for an order
approving the interception. The chief judge of a court of
competent jurisdiction shall enter an order approving the
interception if he finds that at the time of the application,
there existed probable cause to believe that a person whose
private oral communication was intercepted was committing or
had committed an offense and the content of the communication
relates to that offense, and that the communication was
otherwise intercepted in accordance with the provisions of
this Article.
(b) An intercepted private oral communication, or
evidence derived from it, may not be received in evidence or
otherwise disclosed in an official proceeding unless each
aggrieved person who is a party in the official proceeding,
including any proceeding before a legislative, judicial,
administrative or other governmental agency or official
authorized to hear evidence under oath or other person taking
testimony or depositions in any such proceeding, other than a
grand jury, has, not less than 10 days before the official
proceeding, been furnished with a copy of the court order,
and the accompanying application, under which the
interception was authorized or approved. The 10 day period
may be waived by the presiding official if he finds that it
was not practicable to furnish the person with the
information 10 days before the proceeding, and that the
person will not be or has not been prejudiced by delay in
receiving the information.
(c) An aggrieved person in an official proceeding may
make a motion under this Section to suppress the contents of
an intercepted private oral communication, or evidence
derived from it, on the grounds that:
(1) The communication was unlawfully intercepted;
(2) The order of authorization or approval under which
it was intercepted is insufficient on its face; or
(3) The interception was not made in conformity with the
order of authorization or approval or at the time of the
application there was not probable cause to believe that the
aggrieved person was committing or had committed the offense
to which the content of the private communication relates.
(d) If a motion under this Section duly alleges that the
evidence sought to be suppressed in an official proceeding,
including a grand jury, has been derived from an unlawfully
intercepted private oral communication, and if the aggrieved
person who is a party has not been served with notice of the
interception under this Section, the opponent of the
allegation shall, after conducting a thorough search of its
files, affirm or deny the occurrence of the alleged unlawful
interception, but no motion shall be considered if the
alleged unlawful interception took place more than 5 years
before the event to which the evidence relates.
(e) Where a motion is duly made under this Section prior
to the appearance of a witness before a grand jury, the
opponent of the motion may make such applications and orders
as it has available to the chief judge of a court of
competent jurisdiction in camera, and if the judge determines
that there is no defect in them sufficient on its face to
render them invalid, the judge shall inform the witness that
he has not been the subject of an unlawful interception. If
the judge determines that there is a defect in them
sufficient on its face to render them invalid, he shall enter
an order prohibiting any question being put to the witness
based on the unlawful interception.
(f) Motions under this Section shall be made prior to
the official proceeding unless there was no opportunity to
make the motion or unless the aggrieved person who is a party
was not aware of the grounds for the motion. Motions by
co-indictees shall, on motion of the People, be heard in a
single consolidated hearing.
(g) A chief judge of a court of competent jurisdiction,
upon the filing of a motion by an aggrieved person who is a
party under this Section, except before a grand jury, may
make available for inspection by the aggrieved person or his
attorney such portions of the intercepted private
communications, applications and orders or the evidence
derived from them as the judge determines to be in the
interest of justice.
(h) If a motion under this Section is granted, the
intercepted private oral communication, and evidence derived
from it, may not be received in evidence in an official
proceeding, including a grand jury.
(i) In addition to any other right of appeal, the People
shall have the right to appeal from an order granting a
motion to suppress if the official to whom the order
authorizing the interception was granted certifies to the
court that the appeal is not taken for purposes of delay.
The appeal shall otherwise be taken in accordance with the
law.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
Sec. 108B-14. Training.
(a) The Director of the Illinois Department of State
Police shall:
(1) Establish a course of training in the legal,
practical, and technical aspects of the interception of
private oral communications and related investigation and
prosecution techniques;
(2) Issue regulations as he finds necessary for the
training program;
(3) In cooperation with the Illinois Law
Enforcement Training Standards Board, set minimum
standards for certification and periodic recertification
of electronic criminal surveillance officers as eligible
to apply for orders authorizing the interception of
private oral communications, to conduct the
interceptions, and to use the private communications or
evidence derived from them in official proceedings; and
(4) In cooperation with the Illinois Law
Enforcement Training Standards Board, revoke or suspend
the certification of any electronic criminal surveillance
officer who has violated any law relating to electronic
criminal surveillance, or any of the guidelines
established by the Department for conducting electronic
criminal surveillance.
(b) The Executive Director of the Illinois Law
Enforcement Training Standards Board shall:
(1) Pursuant to the Illinois Police Training Act,
review the course of training prescribed by the
Department for the purpose of certification relating to
reimbursement of expenses incurred by local law
enforcement agencies participating in the electronic
criminal surveillance officer training process, and
(2) Assist the Department in establishing minimum
standards for certification and periodic recertification
of electronic criminal surveillance officers as being
eligible to apply for orders authorizing the interception
of private oral communications, to conduct the
interpretations, and to use the communications or
evidence derived from them in official proceedings.
(Source: P.A. 88-586, eff. 8-12-94.)
Section 21. The Statewide Grand Jury Act is amended by
changing Sections 2, 3, 4, and 10 as follows:
(725 ILCS 215/2) (from Ch. 38, par. 1702)
Sec. 2. (a) County grand juries and State's Attorneys
have always had and shall continue to have primary
responsibility for investigating, indicting, and prosecuting
persons who violate the criminal laws of the State of
Illinois. However, in recent years organized terrorist
activity directed against innocent civilians and certain
criminal enterprises have developed that require
investigation, indictment, and prosecution on a statewide or
multicounty level. The criminal These enterprises exist as a
result of the allure of profitability present in narcotic
activity, the unlawful sale and transfer of firearms, and
streetgang related felonies and organized terrorist activity
is supported by the contribution of money and expert
assistance from geographically diverse sources. In order to
shut off the life blood of terrorism and weaken or eliminate
the criminal these enterprises, assets, and property used to
further these offenses must be frozen, and any the profit
must be removed. State statutes exist that can accomplish
that goal. Among them are the offense of money laundering,
the Cannabis and Controlled Substances Tax Act, violations of
Article 29D of the Criminal Code of 1961, the Narcotics
Profit Forfeiture Act, and gunrunning. Local prosecutors
need investigative personnel and specialized training to
attack and eliminate these profits. In light of the
transitory and complex nature of conduct that constitutes
these criminal activities, the many diverse property
interests that may be used, acquired directly or indirectly
as a result of these criminal activities, and the many places
that illegally obtained property may be located, it is the
purpose of this Act to create a limited, multicounty
Statewide Grand Jury with authority to investigate, indict,
and prosecute: narcotic activity, including cannabis and
controlled substance trafficking, narcotics racketeering,
money laundering, and violations of the Cannabis and
Controlled Substances Tax Act, and violations of Article 29D
of the Criminal Code of 1961; the unlawful sale and transfer
of firearms; gunrunning; and streetgang related felonies.
(b) A Statewide Grand Jury may also investigate, indict,
and prosecute violations facilitated by the use of a computer
of any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, or child pornography.
(Source: P.A. 91-225, eff. 1-1-00.)
(725 ILCS 215/3) (from Ch. 38, par. 1703)
Sec. 3. Written application for the appointment of a
Circuit Judge to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court. Upon such
written application, the Chief Justice of the Supreme Court
shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who
shall make a determination that the convening of a Statewide
Grand Jury is necessary.
In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary because
of an alleged offense or offenses set forth in this Section
involving more than one county of the State and identifying
any such offense alleged; and
(a) that he or she believes that the grand jury
function for the investigation and indictment of the
offense or offenses cannot effectively be performed by a
county grand jury together with the reasons for such
belief, and
(b)(1) that each State's Attorney with
jurisdiction over an offense or offenses to be
investigated has consented to the impaneling of the
Statewide Grand Jury, or
(2) if one or more of the State's Attorneys
having jurisdiction over an offense or offenses to
be investigated fails to consent to the impaneling
of the Statewide Grand Jury, the Attorney General
shall set forth good cause for impaneling the
Statewide Grand Jury.
If the Circuit Judge determines that the convening of a
Statewide Grand Jury is necessary, he or she shall convene
and impanel the Statewide Grand Jury with jurisdiction
extending throughout the State to investigate and return
indictments:
(a) For violations of any of the following or for
any other criminal offense committed in the course of
violating any of the following: Article 29D of the
Criminal Code of 1961, the Illinois Controlled Substances
Act, the Cannabis Control Act, the Narcotics Profit
Forfeiture Act, or the Cannabis and Controlled Substances
Tax Act; a streetgang related felony offense; Section
24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4,
24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
Criminal Code of 1961; or a money laundering offense;
provided that the violation or offense involves acts
occurring in more than one county of this State; and
(a-5) For violations facilitated by the use of a
computer, including the use of the Internet, the World
Wide Web, electronic mail, message board, newsgroup, or
any other commercial or noncommercial on-line service, of
any of the following offenses: indecent solicitation of
a child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, or child pornography; and
(b) For the offenses of perjury, subornation of
perjury, communicating with jurors and witnesses, and
harassment of jurors and witnesses, as they relate to
matters before the Statewide Grand Jury.
"Streetgang related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
Upon written application by the Attorney General for the
convening of an additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint a Circuit Judge
from the circuit for which the additional Statewide Grand
Jury is sought. The Circuit Judge shall determine the
necessity for an additional Statewide Grand Jury in
accordance with the provisions of this Section. No more than
2 Statewide Grand Juries may be empaneled at any time.
(Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01.)
(725 ILCS 215/4) (from Ch. 38, par. 1704)
Sec. 4. (a) The presiding judge of the Statewide Grand
Jury will receive recommendations from the Attorney General
as to the county in which the Grand Jury will sit. Prior to
making the recommendations, the Attorney General shall obtain
the permission of the local State's Attorney to use his or
her county for the site of the Statewide Grand Jury. Upon
receiving the Attorney General's recommendations, the
presiding judge will choose one of those recommended
locations as the site where the Grand Jury shall sit.
Any indictment by a Statewide Grand Jury shall be
returned to the Circuit Judge presiding over the Statewide
Grand Jury and shall include a finding as to the county or
counties in which the alleged offense was committed.
Thereupon, the judge shall, by order, designate the county of
venue for the purpose of trial. The judge may also, by
order, direct the consolidation of an indictment returned by
a county grand jury with an indictment returned by the
Statewide Grand Jury and set venue for trial.
(b) Venue for purposes of trial for the offense of
narcotics racketeering shall be proper in any county where:
(1) Cannabis or a controlled substance which is the
basis for the charge of narcotics racketeering was used;
acquired; transferred or distributed to, from or through;
or any county where any act was performed to further the
use; acquisition, transfer or distribution of said
cannabis or controlled substance; or
(2) Any money, property, property interest, or any
other asset generated by narcotics activities was
acquired, used, sold, transferred or distributed to, from
or through; or,
(3) Any enterprise interest obtained as a result of
narcotics racketeering was acquired, used, transferred or
distributed to, from or through, or where any activity
was conducted by the enterprise or any conduct to further
the interests of such an enterprise.
(c) Venue for purposes of trial for the offense of money
laundering shall be proper in any county where any part of a
financial transaction in criminally derived property took
place, or in any county where any money or monetary interest
which is the basis for the offense, was acquired, used, sold,
transferred or distributed to, from, or through.
(d) A person who commits the offense of cannabis
trafficking or controlled substance trafficking may be tried
in any county.
(e) Venue for purposes of trial for any violation of
Article 29D of the Criminal Code of 1961 may be in the county
in which an act of terrorism occurs, the county in which
material support or resources are provided or solicited, the
county in which criminal assistance is rendered, or any
county in which any act in furtherance of any violation of
Article 29D of the Criminal Code of 1961 occurs.
(Source: P.A. 87-466.)
(725 ILCS 215/10) (from Ch. 38, par. 1710)
Sec. 10. The Attorney General shall, at the earliest
opportunity, upon initiation of Grand Jury action, consult
with and advise the State's Attorney of any county involved
in a Statewide Grand Jury terrorist or narcotics
investigation. Further, the State's Attorney may attend the
Grand Jury proceedings or the trial of any party being
investigated or indicted by the Statewide Grand Jury, and may
assist in the prosecution, which in his or her judgment, is
in the interest of the people of his or her county. Prior to
granting transactional immunity to any witness before the
Statewide Grand Jury, any State's Attorney with jurisdiction
over the offense or offenses being investigated by the
Statewide Grand Jury must consent to the granting of immunity
to the witness. Prior to granting use immunity to any
witness before the Statewide Grand Jury, the Attorney General
shall consult with any State's Attorney with jurisdiction
over the offense or offenses being investigated by the
Statewide Grand Jury.
(Source: P.A. 87-466.)
Section 25. The Unified Code of Corrections is amended
by changing Sections 3-6-3 and 5-4-3 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall
prescribe rules and regulations for the early release on
account of good conduct of persons committed to the
Department which shall be subject to review by the
Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after June 19, 1998, the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the
offense of terrorism shall receive no good conduct
credit and shall serve the entire sentence imposed
by the court;
(ii) that a prisoner serving a sentence for
attempt to commit first degree murder, solicitation
of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
aggravated kidnapping, aggravated battery with a
firearm, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(iii) that a prisoner serving a sentence for
home invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or
armed violence with a category I weapon or category
II weapon, when the court has made and entered a
finding, pursuant to subsection (c-1) of Section
5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in
great bodily harm to a victim, shall receive no more
than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after June 19,
1998, and other than the offense of reckless homicide as
defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 committed on or after January 1, 1999, the
rules and regulations shall provide that a prisoner who
is serving a term of imprisonment shall receive one day
of good conduct credit for each day of his or her
sentence of imprisonment or recommitment under Section
3-3-9. Each day of good conduct credit shall reduce by
one day the prisoner's period of imprisonment or
recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(2.3) The rules and regulations on early release
shall provide that a prisoner who is serving a sentence
for reckless homicide as defined in subsection (e) of
Section 9-3 of the Criminal Code of 1961 committed on or
after January 1, 1999 shall receive no more than 4.5 days
of good conduct credit for each month of his or her
sentence of imprisonment.
(2.4) The rules and regulations on early release
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the
report of a firearm or aggravated discharge of a machine
gun or a firearm equipped with any device or attachment
designed or used for silencing the report of a firearm,
committed on or after the effective date of this
amendatory Act of 1999, that a prisoner serving a
sentence for any of these offenses shall receive no more
than 4.5 days of good conduct credit for each month of
his or her sentence of imprisonment.
(2.5) The rules and regulations on early release
shall provide that a prisoner who is serving a sentence
for aggravated arson committed on or after the effective
date of this amendatory Act of the 92nd General Assembly
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, aggravated kidnapping, kidnapping, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, deviate sexual
assault, aggravated criminal sexual abuse, aggravated
indecent liberties with a child, indecent liberties with
a child, child pornography, heinous battery, aggravated
battery of a spouse, aggravated battery of a spouse with
a firearm, stalking, aggravated stalking, aggravated
battery of a child, endangering the life or health of a
child, cruelty to a child, or narcotic racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of: (i) one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after June 19, 1998, (ii)
reckless homicide as defined in subsection (e) of Section
9-3 of the Criminal Code of 1961 when the offense is
committed on or after January 1, 1999, (iii) one of the
offenses enumerated in subdivision (a)(2.4) when the
offense is committed on or after the effective date of
this amendatory Act of 1999, or (iv) aggravated arson
when the offense is committed on or after the effective
date of this amendatory Act of the 92nd General Assembly.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before August 11, 1993 and 1.50 for
program participation on or after that date. However, no
inmate shall be eligible for the additional good conduct
credit under this paragraph (4) while assigned to a boot
camp, mental health unit, or electronic detention, or if
convicted of an offense enumerated in paragraph (a)(2) of
this Section that is committed on or after June 19, 1998,
or if convicted of reckless homicide as defined in
subsection (e) of Section 9-3 of the Criminal Code of
1961 if the offense is committed on or after January 1,
1999, or if convicted of an offense enumerated in
paragraph (a)(2.4) of this Section that is committed on
or after the effective date of this amendatory Act of
1999, or first degree murder, a Class X felony, criminal
sexual assault, felony criminal sexual abuse, aggravated
criminal sexual abuse, aggravated battery with a firearm,
or any predecessor or successor offenses with the same or
substantially the same elements, or any inchoate offenses
relating to the foregoing offenses. No inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) who (i) has previously received
increased good conduct credit under this paragraph (4)
and has subsequently been convicted of a felony, or (ii)
has previously served more than one prior sentence of
imprisonment for a felony in an adult correctional
facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of
these evaluations to the Governor and the General
Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to
the limits of fiscal resources appropriated by the
General Assembly for these purposes. Eligible inmates
who are denied immediate admission shall be placed on a
waiting list under criteria established by the
Department. The inability of any inmate to become engaged
in any such programs by reason of insufficient program
resources or for any other reason established under the
rules and regulations of the Department shall not be
deemed a cause of action under which the Department or
any employee or agent of the Department shall be liable
for damages to the inmate.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up
to 30 days of good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in excess
of 30 days. However, the Board shall not be empowered to
review the Department's decision with respect to the loss of
30 days of good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
the sentence imposed by the court that was not served due to
the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois
or federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct credits before the Prisoner
Review Board as provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not accumulated 180
days of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct credit
accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(A) it lacks an arguable basis either in law
or in fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing
law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual
contentions do not have evidentiary support or, if
specifically so identified, are not likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a petition for post-conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, a motion pursuant to Section 116-3 of
the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act or an action under the
federal Civil Rights Act (42 U.S.C. 1983).
(e) Nothing in this amendatory Act of 1998 affects the
validity of Public Act 89-404.
(Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99;
92-176, eff. 7-27-01.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Persons convicted of, or found delinquent
for, qualifying offenses or institutionalized as sexually
dangerous; blood specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of
a qualifying offense, or institutionalized as a sexually
dangerous person under the Sexually Dangerous Persons Act, or
committed as a sexually violent person under the Sexually
Violent Persons Commitment Act shall, regardless of the
sentence or disposition imposed, be required to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section, provided
such person is:
(1) convicted of a qualifying offense or attempt of
a qualifying offense on or after the effective date of
this amendatory Act of 1989, and sentenced to a term of
imprisonment, periodic imprisonment, fine, probation,
conditional discharge or any other form of sentence, or
given a disposition of court supervision for the offense,
or
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after the effective
date of this amendatory Act of 1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a qualifying offense or attempt of
a qualifying offense before the effective date of this
amendatory Act of 1989 and is presently confined as a
result of such conviction in any State correctional
facility or county jail or is presently serving a
sentence of probation, conditional discharge or periodic
imprisonment as a result of such conviction, or
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense
or attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent
person on or after the effective date of the Sexually
Violent Persons Commitment Act; or
(5) seeking transfer to or residency in Illinois
under Sections 3-3-11 through 3-3-11.5 of the Unified
Code of Corrections (Interstate Compact for the
Supervision of Parolees and Probationers) or the
Interstate Agreements on Sexually Dangerous Persons Act.
(a-5) Any person who was otherwise convicted of or
received a disposition of court supervision for any other
offense under the Criminal Code of 1961 or any offense
classified as a felony under Illinois law or who was found
guilty or given supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of the sentence
imposed, be required by an order of the court to submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), and (a-5) to provide specimens of blood shall provide
specimens of blood within 45 days after sentencing or
disposition at a collection site designated by the Illinois
Department of State Police.
(c) Any person required by paragraphs (a)(3), (a)(4),
and (a)(4.5) to provide specimens of blood shall be required
to provide such samples prior to final discharge, parole, or
release at a collection site designated by the Illinois
Department of State Police.
(c-5) Any person required by paragraph (a)(5) to provide
specimens of blood shall, where feasible, be required to
provide the specimens before being accepted for conditioned
residency in Illinois under the interstate compact or
agreement, but no later than 45 days after arrival in this
State.
(d) The Illinois Department of State Police shall
provide all equipment and instructions necessary for the
collection of blood samples. The collection of samples shall
be performed in a medically approved manner. Only a
physician authorized to practice medicine, a registered nurse
or other qualified person trained in venipuncture may
withdraw blood for the purposes of this Act. The samples
shall thereafter be forwarded to the Illinois Department of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(e) The genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of
the United States, of foreign countries duly authorized to
receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies. Notwithstanding
any other statutory provision to the contrary, all
information obtained under this Section shall be maintained
in a single State data base, which may be uploaded into a
national database, and may not be subject to expungement.
(g) For the purposes of this Section, "qualifying
offense" means any of the following:
(1) Any violation or inchoate violation of Section
11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
12-33 of the Criminal Code of 1961, or
(1.1) Any violation or inchoate violation of
Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
for which persons are convicted on or after July 1, 2001,
or
(2) Any former statute of this State which defined
a felony sexual offense, or
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when the
sentencing court, upon a motion by the State's Attorney
or Attorney General, makes a finding that the child
luring involved an intent to commit sexual penetration or
sexual conduct as defined in Section 12-12 of the
Criminal Code of 1961, or
(4) Any violation or inchoate violation of Section
9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4,
18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of
1961, or
(5) Any violation or inchoate violation of Article
29D of the Criminal Code of 1961.
(g-5) The Department of State Police is not required to
provide equipment to collect or to accept or process blood
specimens from individuals convicted of any offense listed in
paragraph (1.1) or (4) of subsection (g), until acquisition
of the resources necessary to process such blood specimens,
or in the case of paragraph (1.1) of subsection (g) until
July 1, 2003, whichever is earlier.
Upon acquisition of necessary resources, including an
appropriation for the purpose of implementing this amendatory
Act of the 91st General Assembly, but in the case of
paragraph (1.1) of subsection (g) no later than July 1, 2003,
the Department of State Police shall notify the Department of
Corrections, the Administrative Office of the Illinois
Courts, and any other entity deemed appropriate by the
Department of State Police, to begin blood specimen
collection from individuals convicted of offenses enumerated
in paragraphs (1.1) and (4) of subsection (g) that the
Department is prepared to provide collection equipment and
receive and process blood specimens from individuals
convicted of offenses enumerated in paragraph (1.1) of
subsection (g).
Until the Department of State Police provides
notification, designated collection agencies are not required
to collect blood specimen from individuals convicted of
offenses enumerated in paragraphs (1.1) and (4) of subsection
(g).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood samples and
other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to
all actions taken under the rules so promulgated.
(i) A person required to provide a blood specimen shall
cooperate with the collection of the specimen and any
deliberate act by that person intended to impede, delay or
stop the collection of the blood specimen is a Class A
misdemeanor.
(j) Any person required by subsection (a) to submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in addition to any other disposition, penalty, or fine
imposed, shall pay an analysis fee of $500. Upon verified
petition of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not have
the ability to pay the fee.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System
Fund is hereby created as a special fund in the State
Treasury.
(2) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois
State Police crime laboratories as designated by the
Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing
laws and shall be designated for the exclusive use of
State crime laboratories. These uses may include, but
are not limited to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic
marker groupings as required by subsection (e).
(C) Costs incurred in the purchase and
maintenance of equipment for use in performing
analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and
genetic marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person to
submit such specimen, or the authority of the Illinois
Department of State Police or persons designated by the
Department to collect the specimen, or the authority of the
Illinois Department of State Police to accept, analyze and
maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
(Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
92-40, eff. 6-29-01.)
Section 30. The Charitable Trust Act is amended by adding
Section 16.5 as follows:
(760 ILCS 55/16.5 new)
Sec. 16.5. Terrorist acts.
(a) Any person or organization subject to registration
under this Act, who knowingly acts to further, directly or
indirectly, or knowingly uses charitable assets to conduct or
further, directly or indirectly, an act or actions as set
forth in Article 29D of the Criminal Code of 1961, is thereby
engaged in an act or actions contrary to public policy and
antithetical to charity, and all of the funds, assets, and
records of the person or organization shall be subject to
temporary and permanent injunction from use or expenditure
and the appointment of a temporary and permanent receiver to
take possession of all of the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a violation
of this Section or Article 29D of the Criminal Code of 1961,
an immediate seizure of books and records by the Attorney
General by and through his or her assistants or investigators
or the Department of State Police and freezing of all assets
shall be made by order of a court to protect the public,
protect the assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a
person or organization has acted or is in violation of this
Section, the person or organization shall be permanently
enjoined from soliciting funds from the public, holding
charitable funds, or acting as a trustee or fiduciary within
Illinois. Upon a finding of violation all assets and funds
held by the person or organization shall be forfeited to the
People of the State of Illinois or otherwise ordered by the
court to be accounted for and marshaled and then delivered to
charitable causes and uses within the State of Illinois by
court order.
(d) A determination under this Section may be made by
any court separate and apart from any criminal proceedings
and the standard of proof shall be that for civil
proceedings.
(e) Any knowing use of charitable assets to conduct or
further, directly or indirectly, an act or actions set forth
in Article 29D of the Criminal Code of 1961 shall be a misuse
of charitable assets and breach of fiduciary duty relative to
all other Sections of this Act.
Section 40. The Code of Civil Procedure is amended by
changing Section 8-802 as follows:
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 8-802. Physician and patient. No physician or
surgeon shall be permitted to disclose any information he or
she may have acquired in attending any patient in a
professional character, necessary to enable him or her
professionally to serve the patient, except only (1) in
trials for homicide when the disclosure relates directly to
the fact or immediate circumstances of the homicide, (2) in
actions, civil or criminal, against the physician for
malpractice, (3) with the expressed consent of the patient,
or in case of his or her death or disability, of his or her
personal representative or other person authorized to sue for
personal injury or of the beneficiary of an insurance policy
on his or her life, health, or physical condition, (4) in all
actions brought by or against the patient, his or her
personal representative, a beneficiary under a policy of
insurance, or the executor or administrator of his or her
estate wherein the patient's physical or mental condition is
an issue, (5) upon an issue as to the validity of a document
as a will of the patient, (6) in any criminal action where
the charge is either first degree murder by abortion,
attempted abortion or abortion, (7) in actions, civil or
criminal, arising from the filing of a report in compliance
with the Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of the patient pursuant to State statute or any court order
of commitment, (9) in prosecutions where written results of
blood alcohol tests are admissible pursuant to Section
11-501.4 of the Illinois Vehicle Code, or (10) in
prosecutions where written results of blood alcohol tests are
admissible under Section 5-11a of the Boat Registration and
Safety Act, or (11) in criminal actions arising from the
filing of a report of suspected terrorist offense in
compliance with Section 29D-10(p)(7) of the Criminal Code of
1961.
In the event of a conflict between the application of
this Section and the Mental Health and Developmental
Disabilities Confidentiality Act to a specific situation, the
provisions of the Mental Health and Developmental
Disabilities Confidentiality Act shall control.
(Source: P.A. 87-803.)
(720 ILCS 5/Article 29C rep.)
Section 95. The Criminal Code of 1961 is amended by
repealing Article 29C.
Section 96. The provisions of this Act are severable
under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Governor Amendatory Veto August 23, 2002.
Amendatory Veto overriden December 05, 2002.
Filed Without Signature December 05, 2002.
Effective December 05, 2002.
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