HB4572 96TH GENERAL ASSEMBLY

LRB096 13113 RLC 27483 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4572

Introduced , by Rep. Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 1961. Adds the Corruption Influenced and Criminal Organizations Law to the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in such enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. Defines "pattern of predicate activity". Provides criminal penalties and for seizure and forfeiture of property derived from the pattern of predicate activity. Amends the Code of Criminal Procedure of 1963. Authorizes the court to issue 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 predicate activity. Amends the Statewide Grand Jury Act. Permits the convening of a Statewide Grand Jury to investigate and return indictments for violations of the Corruption Influenced and Criminal Organizations Law.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Article 33G as follows:

(720 ILCS 5/Art. 33G heading new)

ARTICLE 33G. Corruption Influenced and Criminal Organizations

Law

(720 ILCS 5/33G-1 new)

Sec. 33G-1. Short title. This Article may be cited as the Corruption Influenced and Criminal Organizations Law, or ("CICO").

(720 ILCS 5/33G-2 new)

Sec. 33G-2. Legislative declaration. The substantial harm, public and private, inflicted on the people and economy of this State by pervasive public corruption, violent street gangs, organized sexual predators and hate crime offenders, identity-theft rings, criminal commercial schemes, and all other forms of enterprise criminality, is legitimately a matter of grave concern to the people of this State who have a basic right to be protected from such criminal activity and to be given adequate criminal and civil remedies to redress its harms. Whereas the current laws of this State provide inadequate criminal and civil remedies, procedures and punishments, the Illinois General Assembly hereby gives the supplemental remedies of the Corruption Influenced and Criminal Organizations Law full force and effect under law for the common good of this State and its people.

(720 ILCS 5/33G-3 new)

Sec. 33G-3. Definitions. As used in this Article:

(a) "Another state" means any state of the United States (other than the State of Illinois), or the District of Columbia, or the Commonwealth of Puerto Rico, or any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof.

(b) "Enterprise" includes (1) any individual, sole proprietorship, partnership, corporation, association, business or charitable trust or other legal entity, and (2) any union or group of individuals, sole proprietorships, partnerships, corporations, associations, business or charitable trusts or other legal entities, or any combination thereof, associated in fact although not itself a legal entity. An association in fact must be held together by a common purpose, apart from an individual purpose or purposes, but it need not be hierarchically structured or otherwise specially configured. As used in this Article, "enterprise" includes licit and illicit enterprises, as well as the State of Illinois and any political subdivision, or any department, agency, or instrumentality thereof.

(c) "Predicate activity" means:

(1) any act, attempt, endeavor, solicitation, or conspiracy that is punishable by imprisonment for more than one year, and constitutes a violation or violations of any of the following provisions of the laws of the State of Illinois (as amended or revised as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois):

(i) Section 7 of the Currency Reporting Act (financial structuring);

(ii) Illinois Vehicle Code: Section 4-103 (possession of stolen vehicles), 4-103.1 (stolen vehicle conspiracy), 4-103.2 (aggravated possession of stolen vehicles), 4-103.3 (organizer of a stolen vehicle conspiracy), 4-104 (stolen vehicle documents), 4-105 (altered vehicle documents), or 4-105.1 (false vehicle documents);

(iii) Criminal Code of 1961: Section 8-1 (solicitation), 8-1.1 (solicitation of murder), 8-1.2 (solicitation of murder for hire), 8-2 (conspiracy), 8-4 (attempt), 9-1 (first degree murder), 9-3.1 (concealment of homicidal death), 9-3.3 (drug-induced homicide), 10-1 (kidnaping), 10-2 (aggravated kidnaping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint), 10-4 (forcible detention), 10-5 (child abduction), 10-7 (aiding and abetting child abduction), 10A-10 (trafficking of persons and involuntary servitude), 11-6 (indecent solicitation of a child), 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual misconduct), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping and aggravated juvenile pimping), 11-19.2 (exploitation of a child), 12-2 (aggravated assault), 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.2-5 (aggravated battery with a machine gun or silencer-equipped firearm), 12-4.5 (tampering with food, drugs or cosmetics), 12-4.7 (drug-induced infliction of great bodily harm), 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-6.2 (aggravated intimation), 12-6.4 (criminal street gang recruitment), 12-7.1 (hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 (cyberstalking), 12-9 (threatening public officials), 12-11 (home invasion), 12-11.1 (vehicular invasion), 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-14.1 (predatory criminal sexual assault of a child), 12-16 (aggravated criminal sexual abuse), 12-20 (sale of body parts), 16-1 (theft), 16-7 (piracy of recorded sounds or images), 16-16.1 (aggravated possession of a stolen firearm), 16D-4 (aggravated computer tampering), 16D-5 (computer fraud), 16G-15 (identity theft), 16G-20 (aggravated identity theft), 16H-60 (financial crime), 17-3 (forgery), 17-5 (deceptive collection practices), 17-6 (state benefits fraud), 17-9 (public aid wire fraud), 17-10 (public aid mail fraud), 17-15 (fraudulent conveyance), 17-24 (fraudulent schemes and artifices), 17-25 (use of scanning devices to defraud), 17-26 (corporate misconduct), 17-27 (fraud in insolvency), 17-29 (fraudulent disadvantaged business contracts), 18-1 (robbery), 18-2 (armed robbery), 18-3 (vehicular hijacking), 18-4 (aggravated vehicular hijacking), 18-5 (aggravated robbery), 19-1 (burglary), 19-2 (possession of burglary tools), 19-3 (residential burglary), 20-1 (arson), 20-1.1 (aggravated arson), 20-1.2 (residential arson), 20-1.3 (place of worship arson), 20-2 (possession of explosives), 20.5-5 (causing a catastrophe), 20.5-6 (possession of a deadly substance), 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 (aggravated discharge of a machine gun or silencer equipped firearm), 24-1.6 (aggravated unlawful use of a weapon), 24-2.2 (unlawful ammunition), 24-3 (unlawful sale of firearms), 24-3.2 (unlawful discharge of firearm projectiles), 24-3A (gunrunning), 24-5 (defacing a firearm), 28-1.1 (syndicated gambling), 29-1 (offering a sports bribe), 29-2 (accepting a sports bribe), 29A-1 (offering a commercial bribe), 29A-2 (accepting a commercial bribe), 29B-1 (money laundering), 29D-15 (soliciting support for terrorism), 29D-20 (making a terrorist threat), 29D-25 (falsely making a terrorist threat), 29D-30 (terrorism), 29D-35 (hindering prosecution of terrorism), 30-1 (treason), 31-4 (obstruction of justice), 31A-1.2 (unauthorized contraband in a penal institution), 32-2 (perjury), 32-3 (subornation of perjury), 32-4 (communication with jurors or witnesses), 32-4a (harassment of jurors or witnesses), 32-4b (juror bribery), 32-5 (false personation of a government official), 32-5.1 (false personation of a peace officer), 32-5.1-1 (false personation of a peace officer with a deadly weapon), 32-5.2 (aggravated false personation of a peace officer), 32-5.4 (false personation of a fire fighter), 32-5.5 (aggravated false personation of a firefighter), 33-1 (bribery), 33A-3 (armed violence), 33C-1 (fraudulent certification of disadvantaged business), 33C-2 (false statement regarding a disadvantaged business), 33C-3 (obstruction of a disadvantaged business investigation), 33C-4 (obtaining fraudulent payments for a disadvantaged business), 33E-3 (bid-rigging), 33E-4 (bid-rotating), 33E-5 (unlawful acquisition or disclosure of bid information), 33E-6 (interference with contract submission or award), 33E-7 (kickbacks), 33E-8 (bribery of inspectors), 33E-9 (unlawful change orders), 33E-11 (unlawful certification), 33E-14 (false statements on vendor applications), 33E-15 (false entries), 33E-16 (misapplication of funds), 33E-17 (unlawful participation), 33E-18 (unlawful stringing of bids), 39-1 (criminal usury), 46-2 (insurance fraud), 46-1.1 (fraud on a governmental entity), or 46-2 (aggravated insurance fraud);

(iv) Illinois Credit Card and Debit Card Act: Section 3 (false statement in procuring a credit card), 7 (obtaining or transferring a credit card with intent to defraud), 8 (credit card fraud), 12 (use of account information with intent to defraud), 15 (alteration of a credit card), 16 (counterfeit credit card), 17 (unlawful possession of credit card machinery), 17.01 (fraudulent deposit), or 17.02 (fraudulent transmission);

(v) Cannabis Control Act: Section 5 (manufacture or delivery of cannabis), 5.1 (cannabis trafficking), 8 (production or possession of cannabis plants);

(vi) Illinois Controlled Substances Act: 401 (manufacture or delivery of a controlled substance), 401.1 (controlled substance trafficking), 405 (calculated criminal drug conspiracy), 405.1 (criminal drug conspiracy), 405.2 (streetgang criminal drug conspiracy), or 406.1 (unlawful use of buildings to produce controlled substances);

(vii) Methamphetamine Control and Community Protection Act: Section 15 (methamphetamine manufacturing) or 55 (methamphetamine delivery); or

(viii) Home Repair Fraud Act: Section 3 (home repair fraud) or 5 (aggravated home repair fraud); or

(2) any act, attempt, endeavor, solicitation, or conspiracy involving murder, kidnaping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined under the laws of the United States in Title 21, United States Code, Section 802), that is chargeable under the laws of Another State and punishable by imprisonment for more than one year. Under this Article, "chargeable" means the act, attempt or endeavor, solicitation, or conspiracy constitutes an offense under the substantive criminal law of Another State, as such laws exist as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois, but it does not include any procedural defenses under the laws of Another State; or

(3) any act, attempt, endeavor, solicitation, or conspiracy that is chargeable under any of the provisions referenced in Title 18, United States Code, Sections 1961(1)(B) through (G). Under this Article, "chargeable" means the act, attempt or endeavor, solicitation, or conspiracy constitutes an offense under the referenced provisions, as such provisions exist as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois, but it does not include any procedural defenses under the laws of the United States.

(d) "Pattern of predicate activity" means: (1) at least 2 occurrences of predicate activity related to the affairs of an enterprise in the form of an act, attempt, endeavor, solicitation, or conspiracy, or any combination thereof; and (2) at least one of which falls after the effective date of this Article, and the last of which falls within 10 years (excluding any period of imprisonment) after the prior occurrence of predicate activity.

(e) "Unlawful debt" means a debt (1) incurred or contracted in the business of gambling activity that was in violation of the law of the United States, or the State of Illinois or Another State, or any political subdivision thereof, and that is unenforceable under Federal law, or the laws of the State of Illinois or Another State, in whole or in part as to principal or interest, or (2) that was incurred in connection with the business of lending money or other things of value in violation of the laws of the United States, or the laws of the State of Illinois or Another State, or a political subdivision thereof, at a rate usurious under Federal law, or the laws of the State of Illinois or Another State, where the usurious rate is at least twice the enforceable rate.

(f) "Unlawful death" includes the following offenses under the Criminal Code of 1961: Section 9-1 (first degree murder), 9-2 (second degree murder), 9-3 (voluntary manslaughter and reckless homicide), or 9-3.2 (involuntary manslaughter).

(g) "Corruption prosecutor" means any Illinois State's Attorney, or any of his or her representatives so designated by such Illinois State's Attorney, under the laws or regulations of the State of Illinois or any political subdivision thereof, who is charged with the duty of enforcing or carrying into effect this Article. "Corruption prosecutor" also includes the Attorney General of the State of Illinois upon the granting of an application pursuant to the Statewide Grand Jury Act.

(h) "Corruption investigator" means any peace officer or law enforcement agent of the United States, Another State, the State of Illinois, or any political subdivision thereof, or any member or attorney of a law enforcement office, agency, commission, or other entity that is empowered to investigate or prosecute any criminal violation of the laws of the United States, another state, the State of Illinois, or any political subdivision thereof.

(i) "Corruption investigation" means any inquiry conducted by any corruption prosecutor or corruption investigator for the purpose of ascertaining whether, or to what degree, any person has been involved in any violation of this Article, or any inquiry concerning any final order, judgment, or decree of any court, duly entered in any case or proceeding arising under this Article.

(720 ILCS 5/33G-4 new)

Sec. 33G-4. Prohibited activities. Under this Article:

(a) It is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in such enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, of any enterprise, real property, or personal property of any character, including money.

(b) It is unlawful for any person knowingly to attempt to violate, or knowingly conspire to violate, this Article. Notwithstanding any other provision of law, in any prosecution for a conspiracy to violate this Article, no person may be convicted of such conspiracy unless an overt act in furtherance of such agreement is alleged and proved to have been committed by him or by a coconspirator. The commission of such overt act need not itself constitute predicate activity underlying the specific violation of this Article.

(c) The application of a remedy under this Article shall not preclude the application of other criminal, civil or administrative remedies under this Article or any other provision of law. Any person prosecuted under this Article may be convicted and sentenced either: (1) for the offense of attempting or conspiring to violate this Article, and for any other particular offense or offenses that may constitute an object of the attempt or conspiracy to violate this Article; or (2) for the substantive offense of violating this Article, and for any other particular offense or offenses that may constitute predicate activity underlying a violation of this Article.

(d) It is not a defense to any violation of this Article that a defendant has been formerly prosecuted for an offense based upon the same facts, within the meaning of Section 3-4 of this Code, that thereafter serves as any portion of the underlying predicate activity in a subsequent prosecution for any violation of this Article, unless the former prosecution was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution under this Article.

(720 ILCS 5/33G-5 new)

Sec. 33G-5. Penalties. Under this Article, notwithstanding any other provision of law:

(a) Any violation of this Article shall be sentenced as a Class X felony with a term of imprisonment of not less than 6 years and not more than 30 years, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended loss of the violation, if any, whichever is higher.

(b) Wherever the unlawful death of any person or persons results as a necessary or natural consequence of any violation of this Article, the sentence imposed on the defendant shall include an enhanced term of imprisonment of at least 25 years up to natural life, in addition to any other penalty imposed by the court, provided: (1) the death or deaths were reasonably foreseeable to the defendant to be sentenced; and (2) the death or deaths occurred when such defendant was otherwise engaged in the violation of this Article as a whole.

(c) A sentence of probation, periodic imprisonment, conditional discharge, impact incarceration or county impact incarceration, court supervision, withheld adjudication, or any pretrial diversionary sentence or suspended sentence, is not authorized for a violation of this Article.

(720 ILCS 5/33G-6 new)

Sec. 33G-6. Remedial proceedings, procedures, and forfeiture. Under this Article:

(a) The courts shall have jurisdiction to prevent and restrain violations of this Article by issuing appropriate orders, including: (1) ordering any person to disgorge illicit proceeds obtained by a violation of this Article or divest himself or herself of any interest, direct or indirect, in any enterprise or real or personal property of any character, including money, obtained, directly or indirectly, by a violation of this Article; (2) imposing reasonable restrictions on the future activities or investments of any person or enterprise, including prohibiting any person or enterprise from engaging in the same type of endeavor as the person or enterprise engaged in, that violated this Article; or (3) ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.

(b) The United States, Another State, or the State of Illinois, or any political subdivision, or any department, agency, or instrumentality thereof, or any person (subject to a substantially equal involvement defense) or such person's estate, injured in his or her person, business, or property by reason of a violation, directly or indirectly, of this Article, may sue in any appropriate court and shall recover threefold any damages sustained and the costs of the suit, including a reasonable attorney's fee at the trial and appellate level, and any equitable remedy justice requires, including injunctions, declaratory judgments, divestiture, accounting or disgorgement. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper. Satisfactory performance bonds shall not be required of the United States, Another State, or the State of Illinois, or any political subdivision, or any department, agency, or instrumentality thereof. The existence of a criminal conviction or corruption investigation for the alleged violation of this Article is not a prerequisite to any proceeding hereunder, but a final judgment entered in favor of the People of the State of Illinois in any criminal proceeding brought under this Article shall estop the defendant in the criminal case from denying the material allegations of the criminal violation in any subsequent civil or administrative proceeding brought under this Article.

(c) Notwithstanding any other provision of law, the court shall, for any violation of this Article, order criminal or civil forfeiture, in personam or in rem, jointly and severally, of any interest or property the person has acquired or maintained in violation of this Article, or any interest in, security of, or claim against, or property or contractual right of any kind affording a source of influence of any degree over, any enterprise that the person has established, operated, controlled, conducted, or participated in, in violation of this Article, as well as any property constituting, or derived from, any proceeds, including money, that the person obtained, directly or indirectly, from predicate activity or unlawful debt collection in violation of this Article. Any court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this Article, that the person forfeit to the State of Illinois all property described herein. The property and interests subject to criminal or civil forfeiture under this Article include any real property, including things growing on, affixed to, and found in land, and any tangible and intangible personal property, including rights, privileges, interests, claims, and securities. All right, title, and interest in property described in this Article vests in the State of Illinois upon the inception of the illicit agreement or commission of any act otherwise giving rise to forfeiture under this Article. The court shall further order the criminal or civil forfeiture of any other property of the defendant up to the value of the property described herein if, as a result of any act or omission of the defendant, such property subject to forfeiture: (1) cannot be located upon the exercise of due diligence; (2) has been transferred or sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property that cannot be divided without difficulty.

(d) Any property subject to criminal or civil forfeiture under this Article that is subsequently transferred to a person other than a defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the State of Illinois, unless the transferee petitions the court and establishes in a hearing before the court, without a jury, that he or she is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this Article. The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought. The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held as soon as possible after completion of the criminal proceedings, if any, pursuant to this Article. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this Article. Following the court's disposition of all petitions filed under this Article, or if no such petitions are filed then within 90 days of the completion of criminal or civil proceedings pursuant to this Article, the State of Illinois shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of any criminal case that resulted in, or relates to, the order of forfeiture. After the hearing, the court shall amend the order of forfeiture if the court determines that the petitioner has established by a preponderance of the evidence that:

(1) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts that gave rise to the forfeiture of the property under this Article; or

(2) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this Article.

(e) Upon application of a corruption prosecutor, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described herein for forfeiture under this Article:

(1) upon the filing of an indictment or information charging a violation of this Article and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this Article; or

(2) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that: (A) there is a substantial probability that the corruption prosecutor will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (B) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered; Provided that any such order entered be effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment or information described herein has been filed.

A temporary restraining order under this Article may be entered upon application of a corruption prosecutor without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the corruption prosecutor demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this Article and that provision of notice will jeopardize the integrity of a corruption investigation, the safety of any persons, or the availability of the property for forfeiture. Such a temporary order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered herein under this Article shall be held at the earliest possible time, and prior to the expiration of the temporary order. The court may receive and consider, at a hearing held pursuant to this Article, evidence and information that would be otherwise inadmissible under the rules of evidence, and such a hearing shall be heard by the court without a jury.

(f) Upon conviction of a person under this Article or upon the completion of appropriate civil proceedings under this Article, the court shall enter a judgment of forfeiture of the property to the State of Illinois and shall authorize the corruption prosecutor or his or her agent to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of a corruption prosecutor or corruption investigator, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the State of Illinois in the property ordered forfeited. Any income accruing to, or derived from, an enterprise or an interest in an enterprise that has been ordered forfeited under this Article may be used to offset ordinary and necessary expenses to the enterprise which are required by law, or which are necessary to protect the interests of the State of Illinois or third parties.

(g) Following the seizure of property ordered forfeited under this Article, the corruption prosecutor or his or her agent shall direct the disposition of the property by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the State of Illinois shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with or on behalf of the defendant be eligible to purchase forfeited property at any sale held by the corruption prosecutor or his or her agent. Upon application of a person, other than the defendant or a person acting in concert with or on behalf of the defendant, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm or loss to him or her. At the direction of the court, the proceeds of any sale or other disposition of property forfeited under this Article and any moneys forfeited shall be used to pay all proper expenses consisting of the costs of the corruption investigation, the prosecution thereof, and any related remedial proceedings under this Article, as well as the forfeiture and sale, including any expenses of seizure, maintenance or custody of the property pending its disposition, advertising and court costs. The corruption prosecutor shall deposit in the treasury of the State of Illinois 75% of any amounts of the proceeds or moneys remaining after the payment of such proper expenses, which money or proceeds shall thereafter be disposed of as prescribed by law, and the corruption prosecutor shall retain directly the final 25% of such proceeds or moneys for the general purposes of fulfilling the duties of his or her office, or for equitable sharing, as directed by the corruption prosecutor, among those corruption investigators participating in the corruption investigation, the prosecution thereof, and or any related remedial proceedings under this Article.

(h) With respect to property ordered forfeited under this Article, the court is authorized to: (1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this Article, or take any other action to protect the rights of innocent persons that is in the interest of justice and that is not inconsistent with the provisions of this Article; (2) compromise claims arising under this Article; (3) award compensation to persons providing information resulting in a forfeiture under this Article; (4) direct the disposition by public sale by the corruption prosecutor or his or her agent of all property ordered forfeited under this Article or direct any other commercially feasible means, making due provision for the rights of innocent persons; and (5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this Article pending its disposition.

(i) Except as provided herein, no party claiming an interest in property subject to forfeiture under this Article may: (1) intervene in any trial or appeal of a criminal case involving the forfeiture of such property under this Article; or (2) commence an action at law or equity against the State of Illinois, or against any corruption prosecutor or corruption investigator, concerning the actions taken under this Article or concerning the validity of an alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this Article.

(j) In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the State of Illinois, the court may, upon application of the corruption prosecutor, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions in civil proceedings under the laws of the State of Illinois.

(720 ILCS 5/33G-7 new)

Sec. 33G-7. Severability. If any clause, sentence, Section or 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 any person or circumstances other than those to which it is held invalid shall not be affected thereby.

(720 ILCS 5/33G-8 new)

Sec. 33G-8. Construction. In interpreting the provisions of this Article, the court, because of their remedial purposes, shall construe them liberally. Nothing in this Article shall preclude the imposition of additional criminal penalties under any provision of Federal law, or the laws of the State of Illinois or Another State, or any other law, or the affording of any civil or administrative remedies in addition to those provided for in this Article. In addition, the court shall construe this Article in light of the provisions contained in Title IX of Public Law 91-452, 84 Stat. 922 (as amended in Title 18, United States Code, Section 1961-1968), wherever substantially similar language is used in such Title and this Article, but where such language indicates an intent to depart from such Title, the court shall interpret the language as herein provided.

(720 ILCS 5/33G-9 new)

Sec. 33G-9. Limitations. Under this Article, notwithstanding any other provision of law, but otherwise subject to the periods of exclusion from limitation as provided in Section 3-7 of this Code, the following limitations apply:

(a) Any action, proceeding, or prosecution brought by a corruption prosecutor under this Article must commence within 5 years of one of the following dates, whichever is latest: (1) the date of the commission of the last occurrence of predicate activity in a pattern of such activity, in the form of an act, attempt, endeavor, or solicitation, underlying the alleged violation of this Article; or (2) in the case of an action, proceeding, or prosecution, based upon a conspiracy to violate this Article, the date that the last objective of the alleged conspiracy was accomplished, defeated or abandoned (whichever is later); or (3) the date any minor victim of the violation attains the age of 18 years or the date any victim of the violation subject to a legal disability thereafter gains legal capacity; or (4) the date that any alleged violation of this Article, including injury, cause, pattern, or identity of the violator or violators, was otherwise discovered in the exercise of good faith;

(b) Any action, proceeding, or prosecution brought by a corruption prosecutor under this Article may be commenced at any time against all defendants if the conduct of any defendant, or any part of the overall violation, resulted in the unlawful death of any person or persons;

(c) Any action or proceeding brought by a private party under subsection (b) of Section 33G-6 of this Article must commence within 3 years of one of the following dates, whichever is latest: (1) the date of the commission of the last occurrence of predicate activity in a pattern of such activity, in the form of an act, attempt, endeavor, or solicitation, underlying the alleged violation of this Article; or (2) in the case of an action, proceeding, or prosecution, based upon a conspiracy to violate this Article, the date that the last objective of the alleged conspiracy was accomplished, defeated or abandoned (whichever is later); or (3) the date any minor victim of the violation attains the age of 18 years or the date any victim of the violation subject to a legal disability thereafter gains legal capacity; or (4) the date that any alleged violation of this Article, including injury, cause, pattern, or identity of the violator or violators, was otherwise discovered in the exercise of good faith.

Section 10. The Code of Criminal Procedure of 1963 is amended by changing Sections 108A-1, 108A-3, 108A-4, 108A-5, and 108B-3 as follows:

(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)

Sec. 108A-1. Authorization for use of eavesdropping device. The State's Attorney or an Assistant State's Attorney authorized by the State's Attorney may authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with this Article, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation as defined in this Article, has consented to such monitoring.

The Chief Judge of the circuit may assign to associate judges the power to issue orders authorizing or approving the use of eavesdropping devices by law enforcement officers or agencies in accordance with this Article. After assignment by the Chief Judge, an associate judge shall have plenary authority to issue such orders without additional authorization for each specific application made to him by the State's Attorney until such time as the associate judge's power is rescinded by the Chief Judge. The Chief Judge of the circuit, or any circuit judge or an associate judge assigned by the Chief Judge, shall remain available on an expedited basis to review applications and issue orders authorizing or approving the use of eavesdropping devices in accordance with this Article during non-business hours.

(Source: P.A. 92-413, eff. 8-17-01.)

(725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)

Sec. 108A-3. Procedure for Obtaining Judicial Approval of Use of Eavesdropping Device. (a) Where any one party to a conversation to occur in the future has consented to the use of an eavesdropping device to overhear or record the conversation, a judge may grant approval to an application to use an eavesdropping device pursuant to the provisions of this section.

Each application for an order authorizing or subsequently approving the use of an eavesdropping device shall be made in writing upon oath or affirmation to a circuit judge, or an associate judge assigned for such purpose pursuant to Section 108A-1 of this Code, and shall state the applicant's authority to make such application. Each application shall include the following:

(1) the identity of the investigative or law enforcement officer making the application and the State's Attorney authorizing the application;

(2) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued including: (a) details as to the felony that has been, is being, or is about to be committed, or a brief statement of the nature of the felony investigation; (b) a description of the type of communication sought to be monitored; (c) the identity of the party to the expected conversation consenting to the use of an eavesdropping device; (d) the identity of the person, if known, whose conversations are to be overheard by the eavesdropping device;

(3) a statement of the period of time for which the use of the device is to be maintained or, if the nature of the investigation is such that the authorization for use of the device should not terminate automatically when the described type of communication is overheard or recorded, a description of facts establishing reasonable cause to believe that additional conversations of the same type will occur thereafter;

(4) a statement of the existence of all previous applications known to the individual making the application which have been made to any judge requesting permission to use an eavesdropping device involving the same persons in the present application, and the action taken by the judge on the previous applications. ;

(5) when the application is for an extension of an order, a statement setting forth the results so far obtained from the use of the eavesdropping device or an explanation of the failure to obtain such results.

(b) The judge may request the applicant to furnish additional testimony, witnesses, or evidence in support of the application.

(Source: P.A. 86-391.)

(725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4)

Sec. 108A-4. Grounds for Approval or Authorization. The judge may authorize or approve the use of the eavesdropping device where it is found that:

(a) one party to the conversation has or will have consented to the use of the device;

(b) the use of the device is relevant to an ongoing felony investigation or otherwise facilitates the safety of any person conducting or assisting in such felony investigation; and there is reasonable cause for believing that an individual is committing, has committed, or is about to commit a felony under Illinois law;

(c) there is reasonable cause for believing that particular conversations concerning that felony offense will be obtained through such use; and

(c) (d) for any extension authorized, that further use of a device is warranted on similar grounds.

(Source: P.A. 79-1159.)

(725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5)

Sec. 108A-5. Orders Authorizing Use of an Eavesdropping Device.

(a) Each order authorizing or approving the use of an eavesdropping device shall specify:

(1) the identity of the person who has consented to the use of the device to monitor any of his conversations and a requirement that any conversation overheard or received must include this person;

(2) the identity of the other person or persons, if known, who will participate in the conversation;

(3) the period of time in which the use of the device is authorized, including a statement as to whether or not the use shall automatically terminate when the described conversations have been first obtained.

(b) No order entered under this section may authorize or approve the use of any eavesdropping device for any period longer than 30 days. An initial or a subsequent extension, in no case for more than 30 days each, of an order may be granted but only upon application made in accordance with Section 108A-3 and where the court makes the findings required in Section 108A-4.

(Source: P.A. 92-413, eff. 8-17-01.)

(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)

Sec. 108B-3. Authorization for the interception of private 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 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 or any Section of the Methamphetamine Control and Community Protection 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 an offense listed as predicate activity under subsection 33G-3(c), 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 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 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 inadmissible 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. 94-468, eff. 8-4-05; 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)

Section 15. The Statewide Grand Jury Act is amended by changing Section 3 as follows:

(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 Methamphetamine Control and Community Protection 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; or any violation of the Corruption Influenced and Criminal Organizations Law; 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. 94-556, eff. 9-11-05.)