(720 ILCS 5/29A-3) (from Ch. 38, par. 29A-3)
Sec. 29A-3.
Sentence.
(a) If the benefit offered, conferred, or agreed to be conferred,
solicited, accepted or agreed to be accepted is less than $500,000,
commercial bribery or commercial bribe receiving is a Class A misdemeanor and
the sentence shall include, but not be limited to, a fine not to exceed $5,000.
(b) If the benefit offered, conferred, or agreed to be conferred,
solicited, accepted, or agreed to be accepted in violation of this Article is
$500,000 or more, the offender is guilty of a Class 3 felony.
(Source: P.A. 93-496, eff. 1-1-04.)
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(720 ILCS 5/29A-4)
Sec. 29A-4.
Corporate Crime Fund.
(a) In addition to any fines, penalties, and assessments otherwise
authorized under this Code, any person convicted of a violation of this
Article or Section 17-26 or 17-27 of this Code shall be assessed a penalty
of not more than 3 times the value of all
property involved in the criminal activity.
(b) The penalties assessed under subsection (a) shall be deposited into
the Corporate Crime Fund, a special fund hereby created in the State
treasury. Moneys in the Fund shall be used to make restitution to a person
who has suffered property loss as a result of violations of this Article. The
court may determine the reasonable amount, terms, and conditions of the
restitution. In determining the amount and method of payment of restitution,
the court shall take into account all financial resources of the defendant.
(Source: P.A. 93-496, eff. 1-1-04.)
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(720 ILCS 5/Art. 29B heading) ARTICLE 29B.
MONEY LAUNDERING
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(720 ILCS 5/29B-0.5) Sec. 29B-0.5. Definitions. In this Article: "Conduct" or "conducts" includes, in addition to its ordinary
meaning, initiating, concluding, or participating in initiating or concluding
a transaction. "Criminally derived property" means: (1) any property, real or personal, constituting
or
derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law; or (2) any property
represented to be property constituting or derived from proceeds obtained,
directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law. "Director" means the Director of the Illinois State Police or his or her designated agents. "Financial institution" means any bank; savings 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. "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, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a
financial institution.
"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
Article. "Form 4-64" means the Illinois State Police Notice/Inventory of Seized Property (Form 4-64). "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law. "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 a form that title passes upon
delivery. "Specified criminal activity" means any violation of Section 29D-15.1 and any violation of Article 29D of this Code. "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering. (a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a | ||
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(A) with the intent to promote the carrying on | ||
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(B) where he or she knows or reasonably should | ||
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(i) to conceal or disguise the nature, the | ||
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(ii) to avoid a transaction reporting | ||
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(1.5) when he or she transports, transmits, or | ||
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(A) with the intent to promote the carrying on of | ||
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(B) knowing, or having reason to know, that the | ||
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(i) to conceal or disguise the nature, the | ||
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(ii) to avoid a transaction reporting | ||
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(2) when, with the intent to:
(A) promote the carrying on of a specified | ||
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(B) conceal or disguise the nature, location, | ||
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(C) avoid a transaction reporting requirement | ||
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he or she conducts or attempts to conduct a financial | ||
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(b) (Blank).
(c) Sentence.
(1) Laundering of criminally derived property of a | ||
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(2) Laundering of criminally derived property of a | ||
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(3) Laundering of criminally derived property of a | ||
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(4) Money laundering in violation of subsection | ||
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(5) Laundering of criminally derived property of a | ||
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(6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||
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(A) Laundering of property of a value not | ||
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(B) Laundering of property of a value exceeding | ||
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(C) Laundering of property of a value exceeding | ||
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(D) Laundering of property of a value exceeding | ||
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(Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)
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(720 ILCS 5/29B-2) Sec. 29B-2. Evidence in money laundering prosecutions. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity: (1) a financial transaction was conducted or | ||
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(2) a financial transaction was conducted or | ||
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(3) a falsely altered or completed written instrument | ||
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(4) a financial transaction was structured or | ||
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(5) a money transmitter, a person engaged in a trade | ||
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(6) the criminally derived property is transported or | ||
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(7) a person pays or receives substantially less than | ||
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(8) a person engages in a transaction involving one | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-3) Sec. 29B-3. Duty to enforce this Article. (a) It is the duty of the Illinois State Police, and its agents, officers, and investigators, to enforce this Article, except those provisions otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, or of any state, relating to money laundering. Only an agent, officer, or investigator designated by the Director may be authorized in accordance with this Section to serve seizure notices, warrants, subpoenas, and summonses under the authority of this State. (b) An agent, officer, investigator, or peace officer designated by the Director may: (1) make seizure of property under this Article; and (2) perform other law enforcement duties as the Director designates. It is the duty of all State's Attorneys to prosecute violations of this Article and institute legal proceedings as authorized under this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-4) Sec. 29B-4. Protective orders and warrants for forfeiture purposes. (a) Upon application of the State, 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 in Section 29B-5 of this Article for forfeiture under this Article: (1) upon the filing of an indictment, information, or | ||
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(2) prior to the filing of the indictment, | ||
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(A) there is probable cause to believe that the | ||
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(B) the need to preserve the availability of the | ||
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Provided, however, that an order entered under | ||
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(b) A temporary restraining order under this subsection (b) may be entered upon application of the State without notice or opportunity for a hearing when an indictment, information, complaint, or administrative notice has not yet been filed with respect to the property, if the State demonstrates that there is probable cause to believe that the property with respect to which the order is sought would be subject to forfeiture under this Article and that provision of notice will jeopardize the availability of the property for forfeiture. The temporary order shall expire not more than 30 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 under this subsection (b) shall be held at the earliest possible time and prior to the expiration of the temporary order. (c) The court may receive and consider, at a hearing held under this Section, evidence and information that would be inadmissible under the Illinois rules of evidence. (d) Under its authority to enter a pretrial restraining order under this Section, the court may order a defendant to repatriate any property that may be seized and forfeited and to deposit that property pending trial with the Illinois State Police or another law enforcement agency designated by the Illinois State Police. Failure to comply with an order under this Section is punishable as a civil or criminal contempt of court. (e) The State may request the issuance of a warrant authorizing the seizure of property described in Section 29B-5 of this Article in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would be subject to forfeiture, the court shall issue a warrant authorizing the seizure of that property.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-5) Sec. 29B-5. Property subject to forfeiture. The following are subject to forfeiture: (1) any property, real or personal, constituting, | ||
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(2) any of the person's property used, or intended to | ||
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(3) all conveyances, including aircraft, vehicles, or | ||
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(A) no conveyance used by any person as a common | ||
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(B) no conveyance is subject to forfeiture under | ||
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(C) a forfeiture of a conveyance encumbered by a | ||
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(4) all real property, including any right, title, | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-6) Sec. 29B-6. Seizure. (a) Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made: (1) if the seizure is incident to a seizure warrant; (2) if the property subject to seizure has been the | ||
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(3) if there is probable cause to believe that the | ||
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(4) if there is probable cause to believe that the | ||
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(5) in accordance with the Code of Criminal Procedure | ||
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(b) In the event of seizure under subsection (a) of this Section, forfeiture proceedings shall be instituted in accordance with this Article. (c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-7) Sec. 29B-7. Safekeeping of seized property pending disposition. (a) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director. Upon receiving notice of seizure, the Director may: (1) place the property under seal; (2) remove the property to a place designated by the | ||
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(3) keep the property in the possession of the | ||
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(4) remove the property to a storage area for | ||
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(5) place the property under constructive seizure by | ||
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(6) provide for another agency or custodian, | ||
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(b) When property is forfeited under this Article, the Director shall sell all the property unless the property is required by law to be destroyed or is harmful to the public and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, under Section 29B-26 of this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-8) Sec. 29B-8. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, within 60 days after seizure, notify the State's Attorney for the county, either where an act or omission giving rise to the forfeiture occurred or where the property was seized, of the seizure of the property and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. If the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle. This notice shall be by Form 4-64.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-9) Sec. 29B-9. Preliminary review. (a) Within 28 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may conduct the review under subsection (a) of this Section simultaneously with a proceeding under Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a) of this Section. (e) Upon a finding of probable cause as required under this Section, the circuit court shall order the property subject to the applicable forfeiture Act held until the conclusion of any forfeiture proceeding.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-10) Sec. 29B-10. Notice to owner or interest holder. (a) The first attempted service of notice shall be commenced within 28 days of the latter of filing of the verified claim or the receipt of the notice from the seizing agency by Form 4-64. A complaint for forfeiture or a notice of pending forfeiture shall be served on a claimant if the owner's or interest holder's name and current address are known, then by either: (1) personal service; or (2) mailing a copy of the notice by certified mail, return receipt requested, and first class mail to that address. (b) If no signed return receipt is received by the State's Attorney within 28 days of mailing or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall, within a reasonable period of time, mail a second copy of the notice by certified mail, return receipt requested, and first class mail to that address. If no signed return receipt is received by the State's Attorney within 28 days of the second mailing, or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall have 60 days to attempt to serve the notice by personal service, including substitute service by leaving a copy at the usual place of abode with some person of the family or a person residing there, of the age of 13 years or upwards. If, after 3 attempts at service in this manner, no service of the notice is accomplished, the notice shall be posted in a conspicuous manner at the address and service shall be made by the posting. The attempts at service and the posting, if required, shall be documented by the person attempting service which shall be made part of a return of service returned to the State's Attorney. The State's Attorney may utilize any Sheriff or Deputy Sheriff, a peace officer, a private process server or investigator, or an employee, agent, or investigator of the State's Attorney's Office to attempt service without seeking leave of court. (c) After the procedures listed are followed, service shall be effective on the owner or interest holder on the date of receipt by the State's Attorney of a return receipt, or on the date of receipt of a communication from an owner or interest holder documenting actual notice, whichever is first in time, or on the date of the last act performed by the State's Attorney in attempting personal service. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address. If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. (d) If the owner's or interest holder's address is not known, and is not on record as provided in this Section, service by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred shall suffice for service requirements. (e) Notice to any business entity, corporation, limited liability company, limited liability partnership, or partnership shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. (f) Notice to a person whose address is not within the State shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class
mail to that address. This notice is complete regardless of the return of a signed return receipt. (g) Notice to a person whose address is not within the United States shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. If certified mail is not available in the foreign country where the person has an address, notice shall proceed by publication requirements under subsection (d) of this Section. (h) Notice to a person whom the State's Attorney reasonably should know is incarcerated within this State shall also include mailing a copy of the notice by certified mail, return receipt requested, and first class mail to the address of the detention facility with the inmate's name clearly marked on the envelope. (i) After a claimant files a verified claim with the State's Attorney and provides an address at which the claimant will accept service, the complaint shall be served and notice shall be complete upon the mailing of the complaint to the claimant at the address the claimant provided via certified mail, return receipt requested, and first class mail. No return receipt need be received, or any other attempts at service need be made to comply with service and notice requirements under this Section. This certified mailing, return receipt requested, shall be proof of service of the complaint on the claimant. If notice is to be shown by actual notice from communication with a claimant, then the State's Attorney shall file an affidavit as proof of service, providing details of the communication, which shall be accepted as proof of service by the court. (j) If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded by mailing a copy of the notice by certified mail, return receipt requested, to that address. (k) Notice served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-11) Sec. 29B-11. Replevin prohibited. Property taken or detained under this Article shall not be subject to replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-12) Sec. 29B-12. Non-judicial forfeiture. If non-real property that exceeds $20,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of this Article, the State's Attorney shall institute judicial in rem forfeiture proceedings as described in Section 29B-13 of this Article within 28 days from receipt of notice of seizure from the seizing agency under Section 29B-8 of this Article. However, if non-real property that does not exceed $20,000 in value excluding the value of any conveyance is seized, the following procedure shall be used: (1) If, after review of the facts surrounding the | ||
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(2) The notice of pending forfeiture shall include a | ||
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(3)(A) Any person claiming an interest in property | ||
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(i) the caption of the proceedings as set forth | ||
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(ii) the address at which the claimant will | ||
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(iii) the nature and extent of the claimant's | ||
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(iv) the date, identity of the transferor, and | ||
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(v) the names and addresses of all other persons | ||
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(vi) the specific provision of law relied on in | ||
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(vii) all essential facts supporting each | ||
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(viii) the relief sought. (B) If a claimant files the claim, then the State's | ||
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(4) If no claim is filed within the 28-day period as | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim under paragraph (3) of Section 29B-12 of this Article, the following judicial in rem procedures shall apply: (1) If, after a review of the facts surrounding the | ||
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(2) A complaint of forfeiture shall include: (A) a description of the property seized; (B) the date and place of seizure of the | ||
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(C) the name and address of the law enforcement | ||
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(D) the specific statutory and factual grounds | ||
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(3) The complaint shall be served upon the person | ||
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"This is a civil court proceeding subject to the Code | ||
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(4) Forfeiture proceedings under this Article shall | ||
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(5) Only an owner of or interest holder in the | ||
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(6) The answer must be signed by the owner or | ||
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(A) the caption of the proceedings as set forth | ||
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(B) the address at which the claimant will accept | ||
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(C) the nature and extent of the claimant's | ||
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(D) the date, identity of transferor, and | ||
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(E) the names and addresses of all other persons | ||
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(F) all essential facts supporting each | ||
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(G) the precise relief sought; and (H) in a forfeiture action involving currency or | ||
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The answer shall follow the rules under the Code of | ||
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(7) The answer shall be filed with the court within | ||
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(8) The hearing shall be held within 60 days after | ||
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(9) At the judicial in rem proceeding, in the State's | ||
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(A) that the property is subject to forfeiture; | ||
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(B) at least one of the following: (i) that the claimant was legally accountable | ||
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(ii) that the claimant knew or reasonably | ||
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(iii) that the claimant knew or reasonably | ||
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(iv) that the claimant held the property for | ||
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(v) that if the claimant acquired the | ||
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(a) the claimant did not acquire it as a | ||
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(b) the claimant acquired the interest | ||
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(vi) that the claimant is not the true owner | ||
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(10) If the State does not meet its burden to show | ||
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(11) A defendant convicted in any criminal proceeding | ||
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(12) On a motion by the parties, the court may stay | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-14) Sec. 29B-14. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific facts that support each assertion: (1) that the claimant filing the motion is the true | ||
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(2) that the claimant was not legally accountable for | ||
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(3) that the claimant did not solicit, conspire, or | ||
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(4) that the claimant did not know or did not have | ||
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(5) that the claimant did not hold the property for | ||
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(b) The claimant's motion shall include specific facts supporting these assertions. (c) Upon this filing, a hearing may only be conducted after the parties have been given the opportunity to conduct limited discovery as to the ownership and control of the property, the claimant's knowledge, or any matter relevant to the issues raised or facts alleged in the claimant's motion. Discovery shall be limited to the People's requests in these areas but may proceed by any means allowed in the Code of Civil Procedure. (1) After discovery is complete and the court has | ||
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(2) At the hearing on the motion, it shall be the | ||
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(3) If a claimant meets his or her burden of proof, | ||
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(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-15) Sec. 29B-15. Burden and commencement of forfeiture action. (a) Notwithstanding any other provision of this Article, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if: (1) a finding of not guilty is entered as to all | ||
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(2) the State receives an adverse finding at a | ||
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(b) All property declared forfeited under this Article vests in the State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Except as otherwise provided in this Article, title to any property or proceeds subject to forfeiture subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the person to whom the property was transferred makes an appropriate claim and has his or her claim adjudicated at the judicial in rem hearing. (c) A civil action under this Article shall be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-16) Sec. 29B-16. Joint tenancy or tenancy in common. If property is ordered forfeited under this Section from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner's interest in the property according to principles of property law.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-17) Sec. 29B-17. Exception for bona fide purchasers. No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bona fide purchaser for value. A person who purports to effect transfer of property after receiving actual or constructive notice that the property is subject to seizure or forfeiture is guilty of contempt of court and shall be liable to the State for a penalty in the amount of the fair market value of the property.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-18) Sec. 29B-18. Proportionality. Property that is forfeited shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment as interpreted by case law.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-19) Sec. 29B-19. Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-20) Sec. 29B-20. Settlement of claims. Notwithstanding other provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon such terms as are set out in writing in a settlement agreement. All proceeds from a settlement agreement shall be tendered to the Illinois State Police and distributed under Section 29B-26 of this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-21) Sec. 29B-21. Attorney's fees. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly thereto if the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and if the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 102-558, eff. 8-20-21.) |
(720 ILCS 5/29B-22) Sec. 29B-22. Construction. (a) It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law. (b) The changes made to this Article by Public Act 100-512 and Public Act 100-699 are subject to Section 2 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/29B-23) Sec. 29B-23. Judicial review. If property has been declared forfeited under Section 29B-12 of this Article, any person who has an interest in the property declared forfeited may, within 30 days after the effective date of the notice of the declaration of forfeiture, file a claim as described in paragraph (3) of Section 29B-12 of this Article. If a claim is filed under this Section, then the procedures described in Section of 29B-13 of this Article apply.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-24) Sec. 29B-24. Review of administrative decisions. All administrative findings, rulings, final determinations, findings, and conclusions of the State's Attorney's Office under this Article are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision under the provisions of the Administrative Review Law and the rules adopted under that Law. Pending final decision on such review, the administrative acts, orders, and rulings of the State's Attorney's Office remain in full force and effect unless modified or suspended by order of court pending final judicial decision. Pending final decision on such review, the acts, orders, and rulings of the State's Attorney's Office remain in full force and effect, unless stayed by order of court. However, no stay of any decision of the administrative agency shall issue unless the person aggrieved by the decision establishes by a preponderance of the evidence that good cause exists for the stay. In determining good cause, the court shall find that the aggrieved party has established a substantial likelihood of prevailing on the merits and that granting the stay will not have an injurious effect on the general public.
(Source: P.A. 100-699, eff. 8-3-18.) |
(720 ILCS 5/29B-25) Sec. 29B-25. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exceed 7 days, unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason. (b) The law enforcement agency that holds custody of property is responsible for any damages, storage fees, and related costs applicable to property returned. The claimant shall not be subject to any charges by the State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This Section does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government. (c) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use and the justification shall be retained for a period of not less than 3 years. (d) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in a non-judicial forfeiture action, or a motion with the court in a judicial forfeiture action for the return of any personal property contained within a conveyance that is seized under this Article. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. Any law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if it is returned to an improper party.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-26) Sec. 29B-26. Distribution of proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Article shall be distributed as follows: (1) 65% shall be distributed to the metropolitan | ||
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(2)(i) 12.5% shall be distributed to the Office of | ||
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(ii) 12.5% shall be distributed to the Office of the | ||
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(3) 10% shall be retained by the Illinois State | ||
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Moneys and the sale proceeds distributed to the Illinois State Police under this Article shall be deposited in the Money Laundering Asset Recovery Fund created in the State treasury and shall be used by the Illinois State Police for State law enforcement purposes. All moneys and sale proceeds of property forfeited and seized under this Article and distributed according to this Section may also be used to purchase opioid antagonists as defined in Section 5-23 of the Substance Use Disorder Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(720 ILCS 5/29B-27) Sec. 29B-27. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
(720 ILCS 5/Art. 29C heading) ARTICLE 29C.
INTERNATIONAL TERRORISM
(Repealed by P.A. 92-854, eff. 12-5-02)
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(720 ILCS 5/29C-5)
Sec. 29C-5.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/29C-10)
Sec. 29C-10.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/29C-15)
Sec. 29C-15.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/Art. 29D heading) ARTICLE 29D.
TERRORISM
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(720 ILCS 5/29D-5)
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.
(Source: P.A. 92-854, eff. 12-5-02.)
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(720 ILCS 5/29D-10)
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. (g-5) "Animal feed" means an article
that is intended for use for food for animals other than humans
and that is intended for use as a substantial source of nutrients
in the diet of the animal, and is not limited to a mixture intended to
be the sole ration of the animal. (g-10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act. (g-15) "Processed food" means any food other than a raw agricultural
commodity and includes any raw agricultural commodity that
has been subject to processing, such as canning, cooking, freezing,
dehydration, or milling. (g-20) "Raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored, or otherwise
treated in their unpeeled natural form prior to marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
(g-25) "Endangering the food supply" means to knowingly: (1) bring into this State any domestic animal that | ||
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(2) expose any animal in this State to any contagious | ||
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(3) deliver any poultry that is infected with any | ||
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(4) except as permitted under the Insect Pest and | ||
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(5) expose any raw agricultural commodity, animal | ||
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"Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
(g-30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir
or any water supply of a public utility that may occur inadvertently
as part of the operation of a public utility or electrical generating station.
(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 (except for acts that occur inadvertently and as the result of
operation of the facility that produces or distributes 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; (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; (8) endangering the food supply; or (9) endangering the water supply.
(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 | ||
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(3) provide the person with money, transportation, a | ||
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(4) prevent or obstruct, by means of force, | ||
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(5) suppress, by any act of concealment, alteration, | ||
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(6) aid the person to protect or expeditiously profit | ||
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(7) provide expert services or expert assistance to | ||
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(Source: P.A. 96-1028, eff. 1-1-11.)
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(720 ILCS 5/29D-14.9)
(was 720 ILCS 5/29D-30)
Sec. 29D-14.9. Terrorism.
(a) A person commits the offense 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 | ||
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(2) he or she, while outside this State, knowingly | ||
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(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;
if the terrorist act caused the death of one or more persons, however, a mandatory term
of natural life imprisonment shall be the sentence if the death
penalty is not imposed and the person has attained the age of 18 years at the time of the commission of the offense. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16 .)
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(720 ILCS 5/29D-15)
Sec. 29D-15.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-15.1)
(was 720 ILCS 5/20.5-5)
Sec. 29D-15.1. Causing a catastrophe.
(a) A person commits the offense of causing a catastrophe if he or she
knowingly causes a catastrophe by explosion, fire, flood, collapse of a
building, or release of poison, radioactive material, bacteria, virus, or other
dangerous and difficult to confine force or substance.
(b) As used in this Section, "catastrophe" means serious physical
injury to 5 or more persons, substantial damage to 5 or more buildings or
inhabitable structures, or substantial damage to a vital public facility that
seriously impairs its usefulness or operation; and "vital public facility"
means
a facility that is necessary to ensure or protect the public health, safety, or
welfare, including, but not limited to, a hospital, a law enforcement agency, a fire
department, a private or public utility company, a national defense contractor, a
facility of the armed forces, or an emergency services agency.
(c) Sentence. Causing a catastrophe is a Class X felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-15.2)
(was 720 ILCS 5/20.5-6)
Sec. 29D-15.2. Possession of a deadly substance.
(a) A person commits the offense of possession of a deadly substance when he
or she possesses, manufactures, or transports any poisonous gas,
deadly biological or chemical contaminant or agent, or
radioactive substance either with the intent to use that gas, biological or
chemical contaminant or agent, or radioactive substance to commit a felony
or with the knowledge that another person intends to use that gas, biological
or chemical
contaminant or agent, or radioactive substance to commit a felony.
(b) Sentence. Possession of a deadly substance is a Class 1 felony for
which a person, if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 4 years and not more than 30 years.
(Source: P.A. 96-710, eff. 1-1-10.)
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(720 ILCS 5/29D-20)
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.
(d) In addition to any other sentence that may be imposed, the court shall
order any person convicted of making a terrorist threat involving a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96-413, eff. 8-13-09.)
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(720 ILCS 5/29D-25)
Sec. 29D-25. Falsely making a terrorist threat.
(a) A person commits the offense 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 29D-15.1 (720 ILCS 5/29D-15.1) of
this Code that he or she knows is false.
(b) Sentence. Falsely making a terrorist threat is a Class 1
felony.
(c) In addition to any other sentence that may be imposed, the court shall
order any person convicted of falsely making a terrorist threat, involving a threat that a bomb or explosive device has been placed in a school in which the offender knows that such bomb or explosive device was not placed in the school, to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96-413, eff. 8-13-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(720 ILCS 5/29D-29.9)
(was 720 ILCS 5/29D-15)
Sec. 29D-29.9. Material support for terrorism. (a) A person commits the offense of soliciting or providing material support for terrorism
if he or she knowingly raises, solicits, collects, or provides material support or
resources knowing that the material support or resources will be used, in
whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for
committing terrorism as defined in Section 29D-14.9 (720 ILCS 5/29D-14.9) or causing a catastrophe as
defined in Section 29D-15.1 (720 ILCS 5/29D-15.1) of
this Code, or who knows and intends that the material support or resources so
raised,
solicited, collected, or provided 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) Sentence. Soliciting or providing 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.
(Source: P.A. 96-710, eff. 1-1-10.)
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