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|[ Introduced ]||[ Engrossed ]||[ Governor's Message ]|
|[ Senate Amendment 002 ]|
92_HB2058enr HB2058 Enrolled LRB9201006ARsb 1 AN ACT in relation to terrorism. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Solicitation for Charity Act is amended by 5 adding Section 16.5 as follows: 6 (225 ILCS 460/16.5 new) 7 Sec. 16.5. Terrorist acts. 8 (a) Any person or organization subject to registration 9 under this Act, who knowingly acts to further, directly or 10 indirectly, or knowingly uses charitable assets to conduct or 11 further, directly or indirectly, an act or actions as set 12 forth in Article 29D of the Criminal Code of 1961, is thereby 13 engaged in an act or actions contrary to public policy and 14 antithetical to charity, and all of the funds, assets, and 15 records of the person or organization shall be subject to 16 temporary and permanent injunction from use or expenditure 17 and the appointment of a temporary and permanent receiver to 18 take possession of all of the assets and related records. 19 (b) An ex parte action may be commenced by the Attorney 20 General, and, upon a showing of probable cause of a violation 21 of this Section or Article 29D of the Criminal Code of 1961, 22 an immediate seizure of books and records by the Attorney 23 General by and through his or her assistants or investigators 24 or the Department of State Police and freezing of all assets 25 shall be made by order of a court to protect the public, 26 protect the assets, and allow a full review of the records. 27 (c) Upon a finding by a court after a hearing that a 28 person or organization has acted or is in violation of this 29 Section, the person or organization shall be permanently 30 enjoined from soliciting funds from the public, holding 31 charitable funds, or acting as a trustee or fiduciary within HB2058 Enrolled -2- LRB9201006ARsb 1 Illinois. Upon a finding of violation all assets and funds 2 held by the person or organization shall be forfeited to the 3 People of the State of Illinois or otherwise ordered by the 4 court to be accounted for and marshaled and then delivered to 5 charitable causes and uses within the State of Illinois by 6 court order. 7 (d) A determination under this Section may be made by 8 any court separate and apart from any criminal proceedings 9 and the standard of proof shall be that for civil 10 proceedings. 11 (e) Any knowing use of charitable assets to conduct or 12 further, directly or indirectly, an act or actions set forth 13 in Article 29D of the Criminal Code of 1961 shall be a misuse 14 of charitable assets and breach of fiduciary duty relative to 15 all other Sections of this Act. 16 Section 10. The Firearm Owners Identification Card Act 17 is amended by changing Sections 4 and 8 as follows: 18 (430 ILCS 65/4) (from Ch. 38, par. 83-4) 19 Sec. 4. (a) Each applicant for a Firearm Owner's 20 Identification Card must: 21 (1) Make application on blank forms prepared and 22 furnished at convenient locations throughout the State by 23 the Department of State Police, or by electronic means, 24 if and when made available by the Department of State 25 Police; and 26 (2) Submit evidence to the Department of State 27 Police that: 28 (i) He or she is 21 years of age or over, or 29 if he or she is under 21 years of age that he or she 30 has the written consent of his or her parent or 31 legal guardian to possess and acquire firearms and 32 firearm ammunition and that he or she has never been HB2058 Enrolled -3- LRB9201006ARsb 1 convicted of a misdemeanor other than a traffic 2 offense or adjudged delinquent, provided, however, 3 that such parent or legal guardian is not an 4 individual prohibited from having a Firearm Owner's 5 Identification Card and files an affidavit with the 6 Department as prescribed by the Department stating 7 that he or she is not an individual prohibited from 8 having a Card; 9 (ii) He or she has not been convicted of a 10 felony under the laws of this or any other 11 jurisdiction; 12 (iii) He or she is not addicted to narcotics; 13 (iv) He or she has not been a patient in a 14 mental institution within the past 5 years; 15 (v) He or she is not mentally retarded; 16 (vi) He or she is not an alien who is 17 unlawfully present in the United States under the 18 laws of the United States; 19 (vii) He or she is not subject to an existing 20 order of protection prohibiting him or her from 21 possessing a firearm; 22 (viii) He or she has not been convicted within 23 the past 5 years of battery, assault, aggravated 24 assault, violation of an order of protection, or a 25 substantially similar offense in another 26 jurisdiction, in which a firearm was used or 27 possessed; 28 (ix) He or she has not been convicted of 29 domestic battery or a substantially similar offense 30 in another jurisdiction committed on or after the 31 effective date of this amendatory Act of 1997;
and32 (x) He or she has not been convicted within 33 the past 5 years of domestic battery or a 34 substantially similar offense in another HB2058 Enrolled -4- LRB9201006ARsb 1 jurisdiction committed before the effective date of 2 this amendatory Act of 1997; and 3 (xi) He or she is not an alien who has been 4 admitted to the United States under a non-immigrant 5 visa (as that term is defined in Section 101(a)(26) 6 of the Immigration and Nationality Act (8 U.S.C. 7 1101(a)(26))), or that he or she is an alien who has 8 been lawfully admitted to the United States under a 9 non-immigrant visa if that alien is: 10 (1) admitted to the United States for 11 lawful hunting or sporting purposes; 12 (2) an official representative of a 13 foreign government who is: 14 (A) accredited to the United States 15 Government or the Government's mission to 16 an international organization having its 17 headquarters in the United States; or 18 (B) en route to or from another 19 country to which that alien is accredited; 20 (3) an official of a foreign government 21 or distinguished foreign visitor who has been 22 so designated by the Department of State; 23 (4) a foreign law enforcement officer of 24 a friendly foreign government entering the 25 United States on official business; or 26 (5) one who has received a waiver from 27 the Attorney General of the United States 28 pursuant to 18 U.S.C. 922(y)(3); and 29 (3) Upon request by the Department of State Police, 30 sign a release on a form prescribed by the Department of 31 State Police waiving any right to confidentiality and 32 requesting the disclosure to the Department of State 33 Police of limited mental health institution admission 34 information from another state, the District of Columbia, HB2058 Enrolled -5- LRB9201006ARsb 1 any other territory of the United States, or a foreign 2 nation concerning the applicant for the sole purpose of 3 determining whether the applicant is or was a patient in 4 a mental health institution and disqualified because of 5 that status from receiving a Firearm Owner's 6 Identification Card. No mental health care or treatment 7 records may be requested. The information received shall 8 be destroyed within one year of receipt. 9 (a-5) Each applicant for a Firearm Owner's 10 Identification Card who is over the age of 18 shall furnish 11 to the Department of State Police either his or her driver's 12 license number or Illinois Identification Card number. 13 (b) Each application form shall include the following 14 statement printed in bold type: "Warning: Entering false 15 information on an application for a Firearm Owner's 16 Identification Card is punishable as a Class 2 felony in 17 accordance with subsection (d-5) of Section 14 of the Firearm 18 Owners Identification Card Act.". 19 (c) Upon such written consent, pursuant to Section 4, 20 paragraph (a) (2) (i), the parent or legal guardian giving 21 the consent shall be liable for any damages resulting from 22 the applicant's use of firearms or firearm ammunition. 23 (Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00; 24 92-442, eff. 8-17-01.) 25 (430 ILCS 65/8) (from Ch. 38, par. 83-8) 26 Sec. 8. The Department of State Police has authority to 27 deny an application for or to revoke and seize a Firearm 28 Owner's Identification Card previously issued under this Act 29 only if the Department finds that the applicant or the person 30 to whom such card was issued is or was at the time of 31 issuance: 32 (a) A person under 21 years of age who has been 33 convicted of a misdemeanor other than a traffic offense or HB2058 Enrolled -6- LRB9201006ARsb 1 adjudged delinquent; 2 (b) A person under 21 years of age who does not have the 3 written consent of his parent or guardian to acquire and 4 possess firearms and firearm ammunition, or whose parent or 5 guardian has revoked such written consent, or where such 6 parent or guardian does not qualify to have a Firearm Owner's 7 Identification Card; 8 (c) A person convicted of a felony under the laws of 9 this or any other jurisdiction; 10 (d) A person addicted to narcotics; 11 (e) A person who has been a patient of a mental 12 institution within the past 5 years; 13 (f) A person whose mental condition is of such a nature 14 that it poses a clear and present danger to the applicant, 15 any other person or persons or the community; 16 For the purposes of this Section, "mental condition" 17 means a state of mind manifested by violent, suicidal, 18 threatening or assaultive behavior. 19 (g) A person who is mentally retarded; 20 (h) A person who intentionally makes a false statement 21 in the Firearm Owner's Identification Card application; 22 (i) An alien who is unlawfully present in the United 23 States under the laws of the United States; 24 (i-5) An alien who has been admitted to the United 25 States under a non-immigrant visa (as that term is defined in 26 Section 101(a)(26) of the Immigration and Nationality Act (8 27 U.S.C. 1101(a)(26))), except that this subsection (i-5) does 28 not apply to any alien who has been lawfully admitted to the 29 United States under a non-immigrant visa if that alien is: 30 (1) admitted to the United States for lawful 31 hunting or sporting purposes; 32 (2) an official representative of a foreign 33 government who is: 34 (A) accredited to the United States Government HB2058 Enrolled -7- LRB9201006ARsb 1 or the Government's mission to an international 2 organization having its headquarters in the United 3 States; or 4 (B) en route to or from another country to 5 which that alien is accredited; 6 (3) an official of a foreign government or 7 distinguished foreign visitor who has been so designated 8 by the Department of State; 9 (4) a foreign law enforcement officer of a friendly 10 foreign government entering the United States on official 11 business; or 12 (5) one who has received a waiver from the Attorney 13 General of the United States pursuant to 18 U.S.C. 14 922(y)(3); 15 (j) A person who is subject to an existing order of 16 protection prohibiting him or her from possessing a firearm; 17 (k) A person who has been convicted within the past 5 18 years of battery, assault, aggravated assault, violation of 19 an order of protection, or a substantially similar offense in 20 another jurisdiction, in which a firearm was used or 21 possessed; 22 (l) A person who has been convicted of domestic battery 23 or a substantially similar offense in another jurisdiction 24 committed on or after January 1, 1998; 25 (m) A person who has been convicted within the past 5 26 years of domestic battery or a substantially similar offense 27 in another jurisdiction committed before January 1, 1998; or 28 (n) A person who is prohibited from acquiring or 29 possessing firearms or firearm ammunition by any Illinois 30 State statute or by federal law. 31 (Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98; 32 90-655, eff. 7-30-98; 91-694, eff. 4-13-00.) 33 Section 15. The Criminal Code of 1961 is amended by HB2058 Enrolled -8- LRB9201006ARsb 1 changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D 2 as follows: 3 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) 4 Sec. 9-1. First degree Murder - Death penalties - 5 Exceptions - Separate Hearings - Proof - Findings - Appellate 6 procedures - Reversals. 7 (a) A person who kills an individual without lawful 8 justification commits first degree murder if, in performing 9 the acts which cause the death: 10 (1) he either intends to kill or do great bodily 11 harm to that individual or another, or knows that such 12 acts will cause death to that individual or another; or 13 (2) he knows that such acts create a strong 14 probability of death or great bodily harm to that 15 individual or another; or 16 (3) he is attempting or committing a forcible 17 felony other than second degree murder. 18 (b) Aggravating Factors. A defendant who at the time of 19 the commission of the offense has attained the age of 18 or 20 more and who has been found guilty of first degree murder may 21 be sentenced to death if: 22 (1) the murdered individual was a peace officer or 23 fireman killed in the course of performing his official 24 duties, to prevent the performance of his official 25 duties, or in retaliation for performing his official 26 duties, and the defendant knew or should have known that 27 the murdered individual was a peace officer or fireman; 28 or 29 (2) the murdered individual was an employee of an 30 institution or facility of the Department of Corrections, 31 or any similar local correctional agency, killed in the 32 course of performing his official duties, to prevent the 33 performance of his official duties, or in retaliation for HB2058 Enrolled -9- LRB9201006ARsb 1 performing his official duties, or the murdered 2 individual was an inmate at such institution or facility 3 and was killed on the grounds thereof, or the murdered 4 individual was otherwise present in such institution or 5 facility with the knowledge and approval of the chief 6 administrative officer thereof; or 7 (3) the defendant has been convicted of murdering 8 two or more individuals under subsection (a) of this 9 Section or under any law of the United States or of any 10 state which is substantially similar to subsection (a) of 11 this Section regardless of whether the deaths occurred 12 as the result of the same act or of several related or 13 unrelated acts so long as the deaths were the result of 14 either an intent to kill more than one person or of 15 separate acts which the defendant knew would cause death 16 or create a strong probability of death or great bodily 17 harm to the murdered individual or another; or 18 (4) the murdered individual was killed as a result 19 of the hijacking of an airplane, train, ship, bus or 20 other public conveyance; or 21 (5) the defendant committed the murder pursuant to 22 a contract, agreement or understanding by which he was to 23 receive money or anything of value in return for 24 committing the murder or procured another to commit the 25 murder for money or anything of value; or 26 (6) the murdered individual was killed in the 27 course of another felony if: 28 (a) the murdered individual: 29 (i) was actually killed by the defendant, 30 or 31 (ii) received physical injuries 32 personally inflicted by the defendant 33 substantially contemporaneously with physical 34 injuries caused by one or more persons for HB2058 Enrolled -10- LRB9201006ARsb 1 whose conduct the defendant is legally 2 accountable under Section 5-2 of this Code, and 3 the physical injuries inflicted by either the 4 defendant or the other person or persons for 5 whose conduct he is legally accountable caused 6 the death of the murdered individual; and 7 (b) in performing the acts which caused the 8 death of the murdered individual or which resulted 9 in physical injuries personally inflicted by the 10 defendant on the murdered individual under the 11 circumstances of subdivision (ii) of subparagraph 12 (a) of paragraph (6) of subsection (b) of this 13 Section, the defendant acted with the intent to kill 14 the murdered individual or with the knowledge that 15 his acts created a strong probability of death or 16 great bodily harm to the murdered individual or 17 another; and 18 (c) the other felony was one of the following: 19 armed robbery, armed violence, robbery, predatory 20 criminal sexual assault of a child, aggravated 21 criminal sexual assault, aggravated kidnapping, 22 aggravated vehicular hijacking, forcible detention, 23 arson, aggravated arson, aggravated stalking, 24 burglary, residential burglary, home invasion, 25 calculated criminal drug conspiracy as defined in 26 Section 405 of the Illinois Controlled Substances 27 Act, streetgang criminal drug conspiracy as defined 28 in Section 405.2 of the Illinois Controlled 29 Substances Act, or the attempt to commit any of the 30 felonies listed in this subsection (c); or 31 (7) the murdered individual was under 12 years of 32 age and the death resulted from exceptionally brutal or 33 heinous behavior indicative of wanton cruelty; or 34 (8) the defendant committed the murder with intent HB2058 Enrolled -11- LRB9201006ARsb 1 to prevent the murdered individual from testifying in any 2 criminal prosecution or giving material assistance to the 3 State in any investigation or prosecution, either against 4 the defendant or another; or the defendant committed the 5 murder because the murdered individual was a witness in 6 any prosecution or gave material assistance to the State 7 in any investigation or prosecution, either against the 8 defendant or another; or 9 (9) the defendant, while committing an offense 10 punishable under Sections 401, 401.1, 401.2, 405, 405.2, 11 407 or 407.1 or subsection (b) of Section 404 of the 12 Illinois Controlled Substances Act, or while engaged in a 13 conspiracy or solicitation to commit such offense, 14 intentionally killed an individual or counseled, 15 commanded, induced, procured or caused the intentional 16 killing of the murdered individual; or 17 (10) the defendant was incarcerated in an 18 institution or facility of the Department of Corrections 19 at the time of the murder, and while committing an 20 offense punishable as a felony under Illinois law, or 21 while engaged in a conspiracy or solicitation to commit 22 such offense, intentionally killed an individual or 23 counseled, commanded, induced, procured or caused the 24 intentional killing of the murdered individual; or 25 (11) the murder was committed in a cold, calculated 26 and premeditated manner pursuant to a preconceived plan, 27 scheme or design to take a human life by unlawful means, 28 and the conduct of the defendant created a reasonable 29 expectation that the death of a human being would result 30 therefrom; or 31 (12) the murdered individual was an emergency 32 medical technician - ambulance, emergency medical 33 technician - intermediate, emergency medical technician - 34 paramedic, ambulance driver, or other medical assistance HB2058 Enrolled -12- LRB9201006ARsb 1 or first aid personnel, employed by a municipality or 2 other governmental unit, killed in the course of 3 performing his official duties, to prevent the 4 performance of his official duties, or in retaliation for 5 performing his official duties, and the defendant knew or 6 should have known that the murdered individual was an 7 emergency medical technician - ambulance, emergency 8 medical technician - intermediate, emergency medical 9 technician - paramedic, ambulance driver, or other 10 medical assistance or first aid personnel; or 11 (13) the defendant was a principal administrator, 12 organizer, or leader of a calculated criminal drug 13 conspiracy consisting of a hierarchical position of 14 authority superior to that of all other members of the 15 conspiracy, and the defendant counseled, commanded, 16 induced, procured, or caused the intentional killing of 17 the murdered person; or 18 (14) the murder was intentional and involved the 19 infliction of torture. For the purpose of this Section 20 torture means the infliction of or subjection to extreme 21 physical pain, motivated by an intent to increase or 22 prolong the pain, suffering or agony of the victim; or 23 (15) the murder was committed as a result of the 24 intentional discharge of a firearm by the defendant from 25 a motor vehicle and the victim was not present within the 26 motor vehicle; or 27 (16) the murdered individual was 60 years of age or 28 older and the death resulted from exceptionally brutal or 29 heinous behavior indicative of wanton cruelty; or 30 (17) the murdered individual was a disabled person 31 and the defendant knew or should have known that the 32 murdered individual was disabled. For purposes of this 33 paragraph (17), "disabled person" means a person who 34 suffers from a permanent physical or mental impairment HB2058 Enrolled -13- LRB9201006ARsb 1 resulting from disease, an injury, a functional disorder, 2 or a congenital condition that renders the person 3 incapable of adequately providing for his or her own 4 health or personal care; or 5 (18) the murder was committed by reason of any 6 person's activity as a community policing volunteer or to 7 prevent any person from engaging in activity as a 8 community policing volunteer; or 9 (19) the murdered individual was subject to an 10 order of protection and the murder was committed by a 11 person against whom the same order of protection was 12 issued under the Illinois Domestic Violence Act of 1986; 13 or 14 (20) the murdered individual was known by the 15 defendant to be a teacher or other person employed in any 16 school and the teacher or other employee is upon the 17 grounds of a school or grounds adjacent to a school, or 18 is in any part of a building used for school purposes; 19 or .20 (21) the murder was committed by the defendant in 21 connection with or as a result of the offense of 22 terrorism as defined in Section 29D-30 of this Code. 23 (c) Consideration of factors in Aggravation and 24 Mitigation. 25 The court shall consider, or shall instruct the jury to 26 consider any aggravating and any mitigating factors which are 27 relevant to the imposition of the death penalty. Aggravating 28 factors may include but need not be limited to those factors 29 set forth in subsection (b). Mitigating factors may include 30 but need not be limited to the following: 31 (1) the defendant has no significant history of 32 prior criminal activity; 33 (2) the murder was committed while the defendant 34 was under the influence of extreme mental or emotional HB2058 Enrolled -14- LRB9201006ARsb 1 disturbance, although not such as to constitute a defense 2 to prosecution; 3 (3) the murdered individual was a participant in 4 the defendant's homicidal conduct or consented to the 5 homicidal act; 6 (4) the defendant acted under the compulsion of 7 threat or menace of the imminent infliction of death or 8 great bodily harm; 9 (5) the defendant was not personally present during 10 commission of the act or acts causing death. 11 (d) Separate sentencing hearing. 12 Where requested by the State, the court shall conduct a 13 separate sentencing proceeding to determine the existence of 14 factors set forth in subsection (b) and to consider any 15 aggravating or mitigating factors as indicated in subsection 16 (c). The proceeding shall be conducted: 17 (1) before the jury that determined the defendant's 18 guilt; or 19 (2) before a jury impanelled for the purpose of the 20 proceeding if: 21 A. the defendant was convicted upon a plea of 22 guilty; or 23 B. the defendant was convicted after a trial 24 before the court sitting without a jury; or 25 C. the court for good cause shown discharges 26 the jury that determined the defendant's guilt; or 27 (3) before the court alone if the defendant waives 28 a jury for the separate proceeding. 29 (e) Evidence and Argument. 30 During the proceeding any information relevant to any of 31 the factors set forth in subsection (b) may be presented by 32 either the State or the defendant under the rules governing 33 the admission of evidence at criminal trials. Any 34 information relevant to any additional aggravating factors or HB2058 Enrolled -15- LRB9201006ARsb 1 any mitigating factors indicated in subsection (c) may be 2 presented by the State or defendant regardless of its 3 admissibility under the rules governing the admission of 4 evidence at criminal trials. The State and the defendant 5 shall be given fair opportunity to rebut any information 6 received at the hearing. 7 (f) Proof. 8 The burden of proof of establishing the existence of any 9 of the factors set forth in subsection (b) is on the State 10 and shall not be satisfied unless established beyond a 11 reasonable doubt. 12 (g) Procedure - Jury. 13 If at the separate sentencing proceeding the jury finds 14 that none of the factors set forth in subsection (b) exists, 15 the court shall sentence the defendant to a term of 16 imprisonment under Chapter V of the Unified Code of 17 Corrections. If there is a unanimous finding by the jury 18 that one or more of the factors set forth in subsection (b) 19 exist, the jury shall consider aggravating and mitigating 20 factors as instructed by the court and shall determine 21 whether the sentence of death shall be imposed. If the jury 22 determines unanimously that there are no mitigating factors 23 sufficient to preclude the imposition of the death sentence, 24 the court shall sentence the defendant to death. 25 Unless the jury unanimously finds that there are no 26 mitigating factors sufficient to preclude the imposition of 27 the death sentence the court shall sentence the defendant to 28 a term of imprisonment under Chapter V of the Unified Code of 29 Corrections. 30 (h) Procedure - No Jury. 31 In a proceeding before the court alone, if the court 32 finds that none of the factors found in subsection (b) 33 exists, the court shall sentence the defendant to a term of 34 imprisonment under Chapter V of the Unified Code of HB2058 Enrolled -16- LRB9201006ARsb 1 Corrections. 2 If the Court determines that one or more of the factors 3 set forth in subsection (b) exists, the Court shall consider 4 any aggravating and mitigating factors as indicated in 5 subsection (c). If the Court determines that there are no 6 mitigating factors sufficient to preclude the imposition of 7 the death sentence, the Court shall sentence the defendant to 8 death. 9 Unless the court finds that there are no mitigating 10 factors sufficient to preclude the imposition of the sentence 11 of death, the court shall sentence the defendant to a term of 12 imprisonment under Chapter V of the Unified Code of 13 Corrections. 14 (i) Appellate Procedure. 15 The conviction and sentence of death shall be subject to 16 automatic review by the Supreme Court. Such review shall be 17 in accordance with rules promulgated by the Supreme Court. 18 (j) Disposition of reversed death sentence. 19 In the event that the death penalty in this Act is held 20 to be unconstitutional by the Supreme Court of the United 21 States or of the State of Illinois, any person convicted of 22 first degree murder shall be sentenced by the court to a term 23 of imprisonment under Chapter V of the Unified Code of 24 Corrections. 25 In the event that any death sentence pursuant to the 26 sentencing provisions of this Section is declared 27 unconstitutional by the Supreme Court of the United States or 28 of the State of Illinois, the court having jurisdiction over 29 a person previously sentenced to death shall cause the 30 defendant to be brought before the court, and the court shall 31 sentence the defendant to a term of imprisonment under 32 Chapter V of the Unified Code of Corrections. 33 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 34 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. HB2058 Enrolled -17- LRB9201006ARsb 1 1-1-00.) 2 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) 3 Sec. 14-3. Exemptions. The following activities shall 4 be exempt from the provisions of this Article: 5 (a) Listening to radio, wireless and television 6 communications of any sort where the same are publicly made; 7 (b) Hearing conversation when heard by employees of any 8 common carrier by wire incidental to the normal course of 9 their employment in the operation, maintenance or repair of 10 the equipment of such common carrier by wire so long as no 11 information obtained thereby is used or divulged by the 12 hearer; 13 (c) Any broadcast by radio, television or otherwise 14 whether it be a broadcast or recorded for the purpose of 15 later broadcasts of any function where the public is in 16 attendance and the conversations are overheard incidental to 17 the main purpose for which such broadcasts are then being 18 made; 19 (d) Recording or listening with the aid of any device to 20 any emergency communication made in the normal course of 21 operations by any federal, state or local law enforcement 22 agency or institutions dealing in emergency services, 23 including, but not limited to, hospitals, clinics, ambulance 24 services, fire fighting agencies, any public utility, 25 emergency repair facility, civilian defense establishment or 26 military installation; 27 (e) Recording the proceedings of any meeting required to 28 be open by the Open Meetings Act, as amended; 29 (f) Recording or listening with the aid of any device to 30 incoming telephone calls of phone lines publicly listed or 31 advertised as consumer "hotlines" by manufacturers or 32 retailers of food and drug products. Such recordings must be 33 destroyed, erased or turned over to local law enforcement HB2058 Enrolled -18- LRB9201006ARsb 1 authorities within 24 hours from the time of such recording 2 and shall not be otherwise disseminated. Failure on the part 3 of the individual or business operating any such recording or 4 listening device to comply with the requirements of this 5 subsection shall eliminate any civil or criminal immunity 6 conferred upon that individual or business by the operation 7 of this Section; 8 (g) With prior notification to the State's Attorney of 9 the county in which it is to occur, recording or listening 10 with the aid of any device to any conversation where a law 11 enforcement officer, or any person acting at the direction of 12 law enforcement, is a party to the conversation and has 13 consented to it being intercepted or recorded under 14 circumstances where the use of the device is necessary for 15 the protection of the law enforcement officer or any person 16 acting at the direction of law enforcement, in the course of 17 an investigation of a forcible felony, a felony violation of 18 the Illinois Controlled Substances Act, a felony violation of 19 the Cannabis Control Act, or any "streetgang related" or 20 "gang-related" felony as those terms are defined in the 21 Illinois Streetgang Terrorism Omnibus Prevention Act. Any 22 recording or evidence derived as the result of this exemption 23 shall be inadmissible in any proceeding, criminal, civil or 24 administrative, except (i) where a party to the conversation 25 suffers great bodily injury or is killed during such 26 conversation, or (ii) when used as direct impeachment of a 27 witness concerning matters contained in the interception or 28 recording. The Director of the Department of State Police 29 shall issue regulations as are necessary concerning the use 30 of devices, retention of tape recordings, and reports 31 regarding their use; 32 (g-5) With approval of the State's Attorney of the 33 county in which it is to occur, recording or listening with 34 the aid of any device to any conversation where a law HB2058 Enrolled -19- LRB9201006ARsb 1 enforcement officer, or any person acting at the direction of 2 law enforcement, is a party to the conversation and has 3 consented to it being intercepted or recorded in the course 4 of an investigation of any offense defined in Article 29D of 5 this Code. In all such cases, an application for an order 6 approving the previous or continuing use of an eavesdropping 7 device must be made within 48 hours of the commencement of 8 such use. In the absence of such an order, or upon its 9 denial, any continuing use shall immediately terminate. The 10 Director of State Police shall issue rules as are necessary 11 concerning the use of devices, retention of tape recordings, 12 and reports regarding their use. 13 Any recording or evidence obtained or derived in the 14 course of an investigation of any offense defined in Article 15 29D of this Code shall, upon motion of the State's Attorney 16 or Attorney General prosecuting any violation of Article 29D, 17 be reviewed in camera with notice to all parties present by 18 the court presiding over the criminal case, and, if ruled by 19 the court to be relevant and otherwise admissible, it shall 20 be admissible at the trial of the criminal case. 21 This subsection (g-5) is inoperative on and after January 22 1, 2005. No conversations recorded or monitored pursuant to 23 this subsection (g-5) shall be inadmissable in a court of law 24 by virtue of the repeal of this subsection (g-5) on January 25 1, 2005. 26 (h) Recordings made simultaneously with a video 27 recording of an oral conversation between a peace officer, 28 who has identified his or her office, and a person stopped 29 for an investigation of an offense under the Illinois Vehicle 30 Code; 31 (i) Recording of a conversation made by or at the 32 request of a person, not a law enforcement officer or agent 33 of a law enforcement officer, who is a party to the 34 conversation, under reasonable suspicion that another party HB2058 Enrolled -20- LRB9201006ARsb 1 to the conversation is committing, is about to commit, or has 2 committed a criminal offense against the person or a member 3 of his or her immediate household, and there is reason to 4 believe that evidence of the criminal offense may be obtained 5 by the recording; and 6 (j) The use of a telephone monitoring device by either 7 (1) a corporation or other business entity engaged in 8 marketing or opinion research or (2) a corporation or other 9 business entity engaged in telephone solicitation, as defined 10 in this subsection, to record or listen to oral telephone 11 solicitation conversations or marketing or opinion research 12 conversations by an employee of the corporation or other 13 business entity when: 14 (i) the monitoring is used for the purpose of 15 service quality control of marketing or opinion research 16 or telephone solicitation, the education or training of 17 employees or contractors engaged in marketing or opinion 18 research or telephone solicitation, or internal research 19 related to marketing or opinion research or telephone 20 solicitation; and 21 (ii) the monitoring is used with the consent of at 22 least one person who is an active party to the marketing 23 or opinion research conversation or telephone 24 solicitation conversation being monitored. 25 No communication or conversation or any part, portion, or 26 aspect of the communication or conversation made, acquired, 27 or obtained, directly or indirectly, under this exemption 28 (j), may be, directly or indirectly, furnished to any law 29 enforcement officer, agency, or official for any purpose or 30 used in any inquiry or investigation, or used, directly or 31 indirectly, in any administrative, judicial, or other 32 proceeding, or divulged to any third party. 33 When recording or listening authorized by this subsection 34 (j) on telephone lines used for marketing or opinion research HB2058 Enrolled -21- LRB9201006ARsb 1 or telephone solicitation purposes results in recording or 2 listening to a conversation that does not relate to marketing 3 or opinion research or telephone solicitation; the person 4 recording or listening shall, immediately upon determining 5 that the conversation does not relate to marketing or opinion 6 research or telephone solicitation, terminate the recording 7 or listening and destroy any such recording as soon as is 8 practicable. 9 Business entities that use a telephone monitoring or 10 telephone recording system pursuant to this exemption (j) 11 shall provide current and prospective employees with notice 12 that the monitoring or recordings may occur during the course 13 of their employment. The notice shall include prominent 14 signage notification within the workplace. 15 Business entities that use a telephone monitoring or 16 telephone recording system pursuant to this exemption (j) 17 shall provide their employees or agents with access to 18 personal-only telephone lines which may be pay telephones, 19 that are not subject to telephone monitoring or telephone 20 recording. 21 For the purposes of this subsection (j), "telephone 22 solicitation" means a communication through the use of a 23 telephone by live operators: 24 (i) soliciting the sale of goods or services; 25 (ii) receiving orders for the sale of goods or 26 services; 27 (iii) assisting in the use of goods or services; or 28 (iv) engaging in the solicitation, administration, 29 or collection of bank or retail credit accounts. 30 For the purposes of this subsection (j), "marketing or 31 opinion research" means a marketing or opinion research 32 interview conducted by a live telephone interviewer engaged 33 by a corporation or other business entity whose principal 34 business is the design, conduct, and analysis of polls and HB2058 Enrolled -22- LRB9201006ARsb 1 surveys measuring the opinions, attitudes, and responses of 2 respondents toward products and services, or social or 3 political issues, or both. 4 (Source: P.A. 91-357, eff. 7-29-99.) 5 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1) 6 Sec. 29B-1. (a) A person commits the offense of money 7 laundering: 8 (1) when he knowingly engages or attempts to engage 9 in a financial transaction in criminally derived property 10 with either the intent to promote the carrying on of the 11 unlawful activity from which the criminally derived 12 property was obtained or where he knows or reasonably 13 should know that the financial transaction is designed in 14 whole or in part to conceal or disguise the nature, the 15 location, the source, the ownership or the control of the 16 criminally derived property; or .17 (2) when, with the intent to: 18 (A) promote the carrying on of a specified 19 criminal activity as defined in this Article; or 20 (B) conceal or disguise the nature, location, 21 source, ownership, or control of property believed 22 to be the proceeds of a specified criminal activity 23 as defined by subdivision (b) (6), 24 he or she conducts or attempts to conduct a financial 25 transaction involving property he or she believes to be 26 the proceeds of specified criminal activity as defined by 27 subdivision (b) (6) or property used to conduct or 28 facilitate specified criminal activity as defined by 29 subdivision (b) (6). 30 (b) As used in this Section: 31 (1) "Financial transaction" means a purchase, sale, 32 loan, pledge, gift, transfer, delivery or other 33 disposition utilizing criminally derived property, and HB2058 Enrolled -23- LRB9201006ARsb 1 with respect to financial institutions, includes a 2 deposit, withdrawal, transfer between accounts, exchange 3 of currency, loan, extension of credit, purchase or sale 4 of any stock, bond, certificate of deposit or other 5 monetary instrument or any other payment, transfer or 6 delivery by, through, or to a financial institution. For 7 purposes of clause (a)(2) of this Section, the term 8 "financial transaction" also means a transaction which 9 without regard to whether the funds, monetary 10 instruments, or real or personal property involved in the 11 transaction are criminally derived, any transaction which 12 in any way or degree: (1) involves the movement of funds 13 by wire or any other means; (2) involves one or more 14 monetary instruments; or (3) the transfer of title to any 15 real or personal property. The receipt by an attorney of 16 bona fide fees for the purpose of legal representation is 17 not a financial transaction for purposes of this Section. 18 (2) "Financial institution" means any bank; saving 19 and loan association; trust company; agency or branch of 20 a foreign bank in the United States; currency exchange; 21 credit union, mortgage banking institution; pawnbroker; 22 loan or finance company; operator of a credit card 23 system; issuer, redeemer or cashier of travelers checks, 24 checks or money orders; dealer in precious metals, stones 25 or jewels; broker or dealer in securities or commodities; 26 investment banker; or investment company. 27 (3) "Monetary instrument" means United States coins 28 and currency; coins and currency of a foreign country; 29 travelers checks; personal checks, bank checks, and money 30 orders; investment securities; bearer negotiable 31 instruments; bearer investment securities; or bearer 32 securities and certificates of stock in such form that 33 title thereto passes upon delivery. 34 (4) "Criminally derived property" means any HB2058 Enrolled -24- LRB9201006ARsb 1 property constituting or derived from proceeds obtained, 2 directly or indirectly, pursuant to a violation of the 3 Criminal Code of 1961, the Illinois Controlled Substances 4 Act or the Cannabis Control Act. 5 (5) "Conduct" or "conducts" includes, in addition 6 to its ordinary meaning, initiating, concluding, or 7 participating in initiating or concluding a transaction. 8 (6) "Specified criminal activity" means any 9 violation of Section 20.5-5 (720 ILCS 5/20.5-5) and any 10 violation of Article 29D of this Code. 11 (c) Sentence. 12 (1) Laundering of criminally derived property of a 13 value not exceeding $10,000 is a Class 3 felony; 14 (2) Laundering of criminally derived property of a 15 value exceeding $10,000 but not exceeding $100,000 is a 16 Class 2 felony; 17 (3) Laundering of criminally derived property of a 18 value exceeding $100,000 is a Class 1 felony; .19 (4) Money laundering in violation of subsection 20 (a)(2) of this Section is a Class X felony. 21 (Source: P.A. 88-258.) 22 (720 ILCS 5/Article 29D heading new) 23 ARTICLE 29D. TERRORISM 24 (720 ILCS 5/29D-5 new) 25 Sec. 29D-5. Legislative findings. The devastating 26 consequences of the barbaric attacks on the World Trade 27 Center and the Pentagon on September 11, 2001 underscore the 28 compelling need for legislation that is specifically designed 29 to combat the evils of terrorism. Terrorism is inconsistent 30 with civilized society and cannot be tolerated. 31 A comprehensive State law is urgently needed to 32 complement federal laws in the fight against terrorism and to HB2058 Enrolled -25- LRB9201006ARsb 1 better protect all citizens against terrorist acts. 2 Accordingly, the legislature finds that our laws must be 3 strengthened to ensure that terrorists, as well as those who 4 solicit or provide financial and other support to terrorists, 5 are prosecuted and punished in State courts with appropriate 6 severity. The legislature further finds that due to the grave 7 nature and global reach of terrorism that a comprehensive law 8 encompassing State criminal statutes and strong civil 9 remedies is needed. 10 An investigation may not be initiated or continued for 11 activities protected by the First Amendment to the United 12 States Constitution, including expressions of support or the 13 provision of financial support for the nonviolent political, 14 religious, philosophical, or ideological goals or beliefs of 15 any person or group. 16 (720 ILCS 5/29D-10 new) 17 Sec. 29D-10. Definitions. As used in this Article, where 18 not otherwise distinctly expressed or manifestly incompatible 19 with the intent of this Article: 20 (a) "Computer network" means a set of related, remotely 21 connected devices and any communications facilities including 22 more than one computer with the capability to transmit data 23 among them through communication facilities. 24 (b) "Computer" means a device that accepts, processes, 25 stores, retrieves, or outputs data, and includes, but is not 26 limited to, auxiliary storage and telecommunications devices. 27 (c) "Computer program" means a series of coded 28 instruction or statements in a form acceptable to a computer 29 which causes the computer to process data and supply the 30 results of data processing. 31 (d) "Data" means representations of information, 32 knowledge, facts, concepts or instructions, including program 33 documentation, that are prepared in a formalized manner and HB2058 Enrolled -26- LRB9201006ARsb 1 are stored or processed in or transmitted by a computer. Data 2 may be in any form, including but not limited to magnetic or 3 optical storage media, punch cards, or data stored internally 4 in the memory of a computer. 5 (e) "Biological products used in or in connection with 6 agricultural production" includes, but is not limited to, 7 seeds, plants, and DNA of plants or animals altered for use 8 in crop or livestock breeding or production or which are 9 sold, intended, designed, or produced for use in crop 10 production or livestock breeding or production. 11 (f) "Agricultural products" means crops and livestock. 12 (g) "Agricultural production" means the breeding and 13 growing of livestock and crops. 14 (h) "Livestock" means animals bred or raised for human 15 consumption. 16 (i) "Crops" means plants raised for: (1) human 17 consumption, (2) fruits that are intended for human 18 consumption, (3) consumption by livestock, and (4) fruits 19 that are intended for consumption by livestock. 20 (j) "Communications systems" means any works, property, 21 or material of any radio, telegraph, telephone, microwave, or 22 cable line, station, or system. 23 (k) "Substantial damage" means monetary damage greater 24 than $100,000. 25 (l) "Terrorist act" or "act of terrorism" means: (1) any 26 act that is intended to cause or create a risk and does cause 27 or create a risk of death or great bodily harm to one or more 28 persons; (2) any act that disables or destroys the usefulness 29 or operation of any communications system; (3) any act or any 30 series of 2 or more acts committed in furtherance of a single 31 intention, scheme, or design that disables or destroys the 32 usefulness or operation of a computer network, computers, 33 computer programs, or data used by any industry, by any class 34 of business, or by 5 or more businesses or by the federal HB2058 Enrolled -27- LRB9201006ARsb 1 government, State government, any unit of local government, a 2 public utility, a manufacturer of pharmaceuticals, a national 3 defense contractor, or a manufacturer of chemical or 4 biological products used in or in connection with 5 agricultural production; (4) any act that disables or causes 6 substantial damage to or destruction of any structure or 7 facility used in or used in connection with ground, air, or 8 water transportation; the production or distribution of 9 electricity, gas, oil, or other fuel; the treatment of sewage 10 or the treatment or distribution of water; or controlling the 11 flow of any body of water; (5) any act that causes 12 substantial damage to or destruction of livestock or to crops 13 or a series of 2 or more acts committed in furtherance of a 14 single intention, scheme, or design which, in the aggregate, 15 causes substantial damage to or destruction of livestock or 16 crops; (6) any act that causes substantial damage to or 17 destruction of any hospital or any building or facility used 18 by the federal government, State government, any unit of 19 local government or by a national defense contractor or by a 20 public utility, a manufacturer of pharmaceuticals, a 21 manufacturer of chemical or biological products used in or in 22 connection with agricultural production or the storage or 23 processing of agricultural products or the preparation of 24 agricultural products for food or food products intended for 25 resale or for feed for livestock; or (7) any act that causes 26 substantial damage to any building containing 5 or more 27 businesses of any type or to any building in which 10 or more 28 people reside. 29 (m) "Terrorist" and "terrorist organization" means any 30 person who engages or is about to engage in a terrorist act 31 with the intent to intimidate or coerce a significant portion 32 of a civilian population. 33 (n) "Material support or resources" means currency or 34 other financial securities, financial services, lodging, HB2058 Enrolled -28- LRB9201006ARsb 1 training, safe houses, false documentation or identification, 2 communications equipment, facilities, weapons, lethal 3 substances, explosives, personnel, transportation, any other 4 kind of physical assets or intangible property, and expert 5 services or expert assistance. 6 (o) "Person" has the meaning given in Section 2-15 of 7 this Code and, in addition to that meaning, includes, without 8 limitation, any charitable organization, whether incorporated 9 or unincorporated, any professional fund raiser, professional 10 solicitor, limited liability company, association, joint 11 stock company, association, trust, trustee, or any group of 12 people formally or informally affiliated or associated for a 13 common purpose, and any officer, director, partner, member, 14 or agent of any person. 15 (p) "Render criminal assistance" means to do any of the 16 following with the intent to prevent, hinder, or delay the 17 discovery or apprehension of, or the lodging of a criminal 18 charge against, a person who he or she knows or believes has 19 committed an offense under this Article or is being sought by 20 law enforcement officials for the commission of an offense 21 under this Article, or with the intent to assist a person in 22 profiting or benefiting from the commission of an offense 23 under this Article: 24 (1) harbor or conceal the person; 25 (2) warn the person of impending discovery or 26 apprehension; 27 (3) provide the person with money, transportation, 28 a weapon, a disguise, false identification documents, or 29 any other means of avoiding discovery or apprehension; 30 (4) prevent or obstruct, by means of force, 31 intimidation, or deception, anyone from performing an act 32 that might aid in the discovery or apprehension of the 33 person or in the lodging of a criminal charge against the 34 person; HB2058 Enrolled -29- LRB9201006ARsb 1 (5) suppress, by any act of concealment, 2 alteration, or destruction, any physical evidence that 3 might aid in the discovery or apprehension of the person 4 or in the lodging of a criminal charge against the 5 person; 6 (6) aid the person to protect or expeditiously 7 profit from an advantage derived from the crime; or 8 (7) provide expert services or expert assistance to 9 the person. Providing expert services or expert 10 assistance shall not be construed to apply to: (1) a 11 licensed attorney who discusses with a client the legal 12 consequences of a proposed course of conduct or advises a 13 client of legal or constitutional rights and (2) a 14 licensed medical doctor who provides emergency medical 15 treatment to a person whom he or she believes has 16 committed an offense under this Article if, as soon as 17 reasonably practicable either before or after providing 18 such treatment, he or she notifies a law enforcement 19 agency. 20 (720 ILCS 5/29D-15 new) 21 Sec. 29D-15. Soliciting material support for terrorism; 22 providing material support for a terrorist act. 23 (a) A person is guilty of soliciting material support 24 for terrorism if he or she knowingly raises, solicits, or 25 collects material support or resources knowing that the 26 material support or resources will be used, in whole or in 27 part, to plan, prepare, carry out, or avoid apprehension for 28 committing terrorism as defined in Section 29D-30 or causing 29 a catastrophe as defined in Section 20.5-5 (720 ILCS 30 5/20.5-5) of this Code, or who knows and intends that the 31 material support or resources so raised, solicited, or 32 collected will be used in the commission of a terrorist act 33 as defined in Section 29D-10(1) of this Code by an HB2058 Enrolled -30- LRB9201006ARsb 1 organization designated under 8 U.S.C. 1189, as amended. It 2 is not an element of the offense that the defendant actually 3 knows that an organization has been designated under 8 U.S.C. 4 1189, as amended. 5 (b) A person is guilty of providing material support for 6 terrorism if he or she knowingly provides material support or 7 resources to a person knowing that the person will use that 8 support or those resources in whole or in part to plan, 9 prepare, carry out, facilitate, or to avoid apprehension for 10 committing terrorism as defined in Section 29D-30 or to cause 11 a catastrophe as defined in Section 20.5-5 (720 ILCS 12 5/20.5-5) of this Code. 13 (c) Sentence. Soliciting material support for terrorism 14 is a Class X felony for which the sentence shall be a term of 15 imprisonment of no less than 9 years and no more than 40 16 years. Providing material support for a terrorist act is a 17 Class X felony for which the sentence shall be a term of 18 imprisonment of no less than 9 years and no more than 40 19 years. 20 (720 ILCS 5/29D-20 new) 21 Sec. 29D-20. Making a terrorist threat. 22 (a) A person is guilty of making a terrorist threat 23 when, with the intent to intimidate or coerce a significant 24 portion of a civilian population, he or she in any manner 25 knowingly threatens to commit or threatens to cause the 26 commission of a terrorist act as defined in Section 29D-10(1) 27 and thereby causes a reasonable expectation or fear of the 28 imminent commission of a terrorist act as defined in Section 29 29D-10(1) or of another terrorist act as defined in Section 30 29D-10(1). 31 (b) It is not a defense to a prosecution under this 32 Section that at the time the defendant made the terrorist 33 threat, unknown to the defendant, it was impossible to carry HB2058 Enrolled -31- LRB9201006ARsb 1 out the threat, nor is it a defense that the threat was not 2 made to a person who was a subject or intended victim of the 3 threatened act. 4 (c) Sentence. Making a terrorist threat is a Class X 5 felony. 6 (720 ILCS 5/29D-25 new) 7 Sec. 29D-25. Falsely making a terrorist threat. 8 (a) A person is guilty of falsely making a terrorist 9 threat when in any manner he or she knowingly makes a threat 10 to commit or cause to be committed a terrorist act as defined 11 in Section 29D-10(1) or otherwise knowingly creates the 12 impression or belief that a terrorist act is about to be or 13 has been committed, or in any manner knowingly makes a threat 14 to commit or cause to be committed a catastrophe as defined 15 in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code which he 16 or she knows is false. 17 (b) Sentence. Falsely making a terrorist threat is a 18 Class 1 felony. 19 (720 ILCS 5/29D-30 new) 20 Sec. 29D-30. Terrorism. 21 (a) A person is guilty of terrorism when, with the 22 intent to intimidate or coerce a significant portion of a 23 civilian population: 24 (1) he or she knowingly commits a terrorist act as 25 defined in Section 29D-10(1) of this Code within this 26 State; or 27 (2) he or she, while outside this State, knowingly 28 commits a terrorist act as defined in Section 29D-10(1) 29 of this Code that takes effect within this State or 30 produces substantial detrimental effects within this 31 State. 32 (b) Sentence. Terrorism is a Class X felony. If no HB2058 Enrolled -32- LRB9201006ARsb 1 deaths are caused by the terrorist act, the sentence shall be 2 a term of 20 years to natural life imprisonment; however, if 3 the terrorist act caused the death of one or more persons, a 4 mandatory term of natural life imprisonment shall be the 5 sentence in the event the death penalty is not imposed. 6 (720 ILCS 5/29D-35 new) 7 Sec. 29D-35. Hindering prosecution of terrorism. 8 (a) A person is guilty of hindering prosecution of 9 terrorism when he or she renders criminal assistance to a 10 person who has committed terrorism as defined in Section 11 29D-30 or caused a catastrophe, as defined in Section 20.5-5 12 of this Code when he or she knows that the person to whom he 13 or she rendered criminal assistance engaged in an act of 14 terrorism or caused a catastrophe. 15 (b) Hindering prosecution of terrorism is a Class X 16 felony, the sentence for which shall be a term of 20 years to 17 natural life imprisonment if no death was caused by the act 18 of terrorism committed by the person to whom the defendant 19 rendered criminal assistance and a mandatory term of natural 20 life imprisonment if death was caused by the act of terrorism 21 committed by the person to whom the defendant rendered 22 criminal assistance. 23 (720 ILCS 5/29D-40 new) 24 Sec. 29D-40. Restitution. In addition to any other 25 penalty that may be imposed, a court shall sentence any 26 person convicted of any violation of this Article to pay all 27 expenses incurred by the federal government, State 28 government, or any unit of local government in responding to 29 any violation and cleaning up following any violation. 30 (720 ILCS 5/29D-45 new) 31 Sec. 29D-45. Limitations. A prosecution for any offense HB2058 Enrolled -33- LRB9201006ARsb 1 in this Article may be commenced at any time. 2 (720 ILCS 5/29D-60 new) 3 Sec. 29D-60. Injunctive relief. Whenever it appears to 4 the Attorney General or any State's Attorney that any person 5 is engaged in, or is about to engage in, any act that 6 constitutes or would constitute a violation of this Article, 7 the Attorney General or any State's Attorney may initiate a 8 civil action in the circuit court to enjoin the violation. 9 (720 ILCS 5/29D-65 new) 10 Sec. 29D-65. Asset freeze, seizure, and forfeiture. 11 (a) Asset freeze, seizure, and forfeiture in connection 12 with a violation of this Article. 13 (1) Whenever it appears that there is probable 14 cause to believe that any person used, is using, is about 15 to use, or is intending to use property in any way that 16 constitutes or would constitute a violation of this 17 Article, the Attorney General or any State's Attorney may 18 make an ex parte application to the circuit court to 19 freeze or seize all the assets of that person and, upon a 20 showing of probable cause in the ex parte hearing, the 21 circuit court shall issue an order to freeze or seize all 22 assets of that person. A copy of the freeze or seize 23 order shall be served upon the person whose assets have 24 been frozen or seized and that person or any person 25 claiming an interest in the property may, at any time 26 within 30 days of service, file a motion to release his 27 or her assets. Within 10 days that person is entitled to 28 a hearing. In any proceeding to release assets, the 29 burden of proof shall be by a preponderance of evidence 30 and shall be on the State to show that the person used, 31 was using, is about to use, or is intending to use any 32 property in any way that constitutes or would constitute HB2058 Enrolled -34- LRB9201006ARsb 1 a violation of this Article. If the court finds that any 2 property was being used, is about to be used, or is 3 intended to be used in violation of or in any way that 4 would constitute a violation of this Article, the court 5 shall order such property frozen or held until further 6 order of the court. Any property so ordered held or 7 frozen shall be subject to forfeiture under the following 8 procedure. Upon the request of the defendant, the court 9 may release frozen or seized assets sufficient to pay 10 attorney's fees for representation of the defendant at a 11 hearing conducted under this Section. 12 (2) If, within 60 days after any seizure or asset 13 freeze under subparagraph (1) of this Section, a person 14 having any property interest in the seized or frozen 15 property is charged with an offense, the court which 16 renders judgment upon the charge shall, within 30 days 17 after the judgment, conduct a forfeiture hearing to 18 determine whether the property was used, about to be 19 used, or intended to be used in violation of this Article 20 or in connection with any violation of this Article, or 21 was integrally related to any violation or intended 22 violation of this Article. The hearing shall be commenced 23 by a written petition by the State, including material 24 allegations of fact, the name and address of every person 25 determined by the State to have any property interest in 26 the seized or frozen property, a representation that 27 written notice of the date, time, and place of the 28 hearing has been mailed to every such person by certified 29 mail at least 10 days before the date, and a request for 30 forfeiture. Every such person may appear as a party and 31 present evidence at the hearing. The quantum of proof 32 required shall be preponderance of the evidence, and the 33 burden of proof shall be on the State. If the court 34 determines that the seized or frozen property was used, HB2058 Enrolled -35- LRB9201006ARsb 1 about to be used, or intended to be used in violation of 2 this Article or in connection with any violation of this 3 Article, or was integrally related to any violation or 4 intended violation of this Article, an order of 5 forfeiture and disposition of the seized or frozen money 6 and property shall be entered. All property forfeited may 7 be liquidated and the resultant money together with any 8 money forfeited shall be allocated among the 9 participating law enforcement agencies in such 10 proportions as may be determined to be equitable by the 11 court entering the forfeiture order, any such property so 12 forfeited shall be received by the State's Attorney or 13 Attorney General and upon liquidation shall be allocated 14 among the participating law enforcement agencies in such 15 proportions as may be determined equitable by the court 16 entering the forfeiture order. 17 (3) If a seizure or asset freeze under subparagraph 18 (1) of this subsection (a) is not followed by a charge 19 under this Article within 60 days, or if the prosecution 20 of the charge is permanently terminated or indefinitely 21 discontinued without any judgment of conviction or a 22 judgment of acquittal is entered, the State's Attorney or 23 Attorney General shall immediately commence an in rem 24 proceeding for the forfeiture of any seized money or 25 other things of value, or both, in the circuit court and 26 any person having any property interest in the money or 27 property may commence separate civil proceedings in the 28 manner provided by law. Any property so forfeited shall 29 be allocated among the participating law enforcement 30 agencies in such proportions as may be determined to be 31 equitable by the court entering the forfeiture order. 32 (b) Forfeiture of property acquired in connection with a 33 violation of this Article. 34 (1) Any person who commits any offense under this HB2058 Enrolled -36- LRB9201006ARsb 1 Article shall forfeit, according to the provisions of 2 this Section, any moneys, profits, or proceeds, and any 3 interest or property in which the sentencing court 4 determines he or she has acquired or maintained, directly 5 or indirectly, in whole or in part, as a result of, or 6 used, was about to be used, or was intended to be used in 7 connection with the offense. The person shall also 8 forfeit any interest in, security, claim against, or 9 contractual right of any kind which affords the person a 10 source of influence over any enterprise which he or she 11 has established, operated, controlled, conducted, or 12 participated in conducting, where his or her relationship 13 to or connection with any such thing or activity directly 14 or indirectly, in whole or in part, is traceable to any 15 item or benefit which he or she has obtained or acquired 16 through an offense under this Article or which he or she 17 used, about to use, or intended to use in connection with 18 any offense under this Article. Forfeiture under this 19 Section may be pursued in addition to or in lieu of 20 proceeding under subsection (a) of this Section. 21 (2) Proceedings instituted under this subsection 22 shall be subject to and conducted in accordance with the 23 following procedures: 24 (A) The sentencing court shall, upon petition 25 by the prosecuting agency, whether it is the 26 Attorney General or the State's Attorney, at any 27 time following sentencing, conduct a hearing to 28 determine whether any property or property interest 29 is subject to forfeiture under this subsection. At 30 the forfeiture hearing the People of the State of 31 Illinois shall have the burden of establishing, by a 32 preponderance of the evidence, that the property or 33 property interests are subject to forfeiture. 34 (B) In any action brought by the People of the HB2058 Enrolled -37- LRB9201006ARsb 1 State of Illinois under this Section, the court 2 shall have jurisdiction to enter such restraining 3 orders, injunctions, or prohibitions, or to take 4 such other action in connection with any real, 5 personal, or mixed property, or other interest, 6 subject to forfeiture, as it shall consider proper. 7 (C) In any action brought by the People of the 8 State of Illinois under this subsection in which any 9 restraining order, injunction, or prohibition or any 10 other action in connection with any property or 11 interest subject to forfeiture under this subsection 12 is sought, the circuit court presiding over the 13 trial of the person or persons charged with a 14 violation under this Article shall first determine 15 whether there is probable cause to believe that the 16 person or persons so charged have committed an 17 offense under this Article and whether the property 18 or interest is subject to forfeiture under this 19 subsection. In order to make this determination, 20 prior to entering any such order, the court shall 21 conduct a hearing without a jury in which the People 22 shall establish: (i) probable cause that the person 23 or persons so charged have committed an offense 24 under this Article; and (ii) probable cause that any 25 property or interest may be subject to forfeiture 26 under this subsection. The hearing may be conducted 27 simultaneously with a preliminary hearing if the 28 prosecution is commenced by information, or by 29 motion of the People at any stage in the 30 proceedings. The court may enter a finding of 31 probable cause at a preliminary hearing following 32 the filing of information charging a violation of 33 this Article or the return of an indictment by a 34 grand jury charging an offense under this Article as HB2058 Enrolled -38- LRB9201006ARsb 1 sufficient probable cause for purposes of this 2 subsection. Upon such a finding, the circuit court 3 shall enter such restraining order, injunction, or 4 prohibition or shall take such other action in 5 connection with any such property or other interest 6 subject to forfeiture under this subsection as is 7 necessary to ensure that the property is not removed 8 from the jurisdiction of the court, concealed, 9 destroyed, or otherwise disposed of by the owner or 10 holder of that property or interest prior to a 11 forfeiture hearing under this subsection. The 12 Attorney General or State's Attorney shall file a 13 certified copy of the restraining order, injunction, 14 or other prohibition with the recorder of deeds or 15 registrar of titles of each county where any such 16 property of the defendant may be located. No such 17 injunction, restraining order, or other prohibition 18 shall affect the rights of any bona fide purchaser, 19 mortgagee, judgment creditor, or other lien holder 20 arising prior to the date of such filing. The court 21 may, at any time, upon verified petition by the 22 defendant, conduct a hearing to release all or 23 portions of any such property or interest which the 24 court previously determined to be subject to 25 forfeiture or subject to any restraining order, 26 injunction, prohibition, or other action. The court 27 may release the property to the defendant for good 28 cause shown and within the sound discretion of the 29 court. 30 (D) Upon a conviction of a person under this 31 Article, the court shall authorize the Attorney 32 General or State's Attorney to seize and sell all 33 property or other interest declared forfeited under 34 this Article, unless the property is required by law HB2058 Enrolled -39- LRB9201006ARsb 1 to be destroyed or is harmful to the public. The 2 court may order the Attorney General or State's 3 Attorney to segregate funds from the proceeds of the 4 sale sufficient: (1) to satisfy any order of 5 restitution, as the court may deem appropriate; (2) 6 to satisfy any legal right, title, or interest which 7 the court deems superior to any right, title, or 8 interest of the defendant at the time of the 9 commission of the acts which gave rise to forfeiture 10 under this subsection; or (3) to satisfy any 11 bona-fide purchaser for value of the right, title, 12 or interest in the property who was without 13 reasonable notice that the property was subject to 14 forfeiture. Following the entry of an order of 15 forfeiture, the Attorney General or State's Attorney 16 shall publish notice of the order and his or her 17 intent to dispose of the property. Within 30 days 18 following the publication, any person may petition 19 the court to adjudicate the validity of his or her 20 alleged interest in the property. After the 21 deduction of all requisite expenses of 22 administration and sale, the Attorney General or 23 State's Attorney shall distribute the proceeds of 24 the sale, along with any moneys forfeited or seized, 25 among participating law enforcement agencies in such 26 equitable portions as the court shall determine. 27 (E) No judge shall release any property or 28 money seized under subdivision (A) or (B) for the 29 payment of attorney's fees of any person claiming an 30 interest in such money or property. 31 (c) Exemptions from forfeiture. A property interest is 32 exempt from forfeiture under this Section if its owner or 33 interest holder establishes by a preponderance of evidence 34 that the owner or interest holder: HB2058 Enrolled -40- LRB9201006ARsb 1 (A)(i) in the case of personal property, is not 2 legally accountable for the conduct giving rise to the 3 forfeiture, did not acquiesce in it, and did not know and 4 could not reasonably have known of the conduct or that 5 the conduct was likely to occur, or 6 (ii) in the case of real property, is not legally 7 accountable for the conduct giving rise to the 8 forfeiture, or did not solicit, conspire, or attempt to 9 commit the conduct giving rise to the forfeiture; and 10 (B) had not acquired and did not stand to acquire 11 substantial proceeds from the conduct giving rise to its 12 forfeiture other than as an interest holder in an arms 13 length commercial transaction; and 14 (C) with respect to conveyances, did not hold the 15 property jointly or in common with a person whose conduct 16 gave rise to the forfeiture; and 17 (D) does not hold the property for the benefit of 18 or as nominee for any person whose conduct gave rise to 19 its forfeiture, and, if the owner or interest holder 20 acquired the interest through any such person, the owner 21 or interest holder acquired it as a bona fide purchaser 22 for value without knowingly taking part in the conduct 23 giving rise to the forfeiture; and 24 (E) that the owner or interest holder acquired the 25 interest: 26 (i) before the commencement of the conduct 27 giving rise to its forfeiture and the person whose 28 conduct gave rise to its forfeiture did not have the 29 authority to convey the interest to a bona fide 30 purchaser for value at the time of the conduct; or 31 (ii) after the commencement of the conduct 32 giving rise to its forfeiture, and the owner or 33 interest holder acquired the interest as a 34 mortgagee, secured creditor, lien holder, or bona HB2058 Enrolled -41- LRB9201006ARsb 1 fide purchaser for value without knowledge of the 2 conduct which gave rise to the forfeiture; and 3 (a) in the case of personal property, 4 without knowledge of the seizure of the 5 property for forfeiture; or 6 (b) in the case of real estate, before 7 the filing in the office of the Recorder of 8 Deeds of the county in which the real estate is 9 located of a notice of seizure for forfeiture 10 or a lis pendens notice. 11 (720 ILCS 5/29D-70 new) 12 Sec. 29D-70. Severability. If any clause, sentence, 13 Section, provision, or part of this Article or the 14 application thereof to any person or circumstance shall be 15 adjudged to be unconstitutional, the remainder of this 16 Article or its application to persons or circumstances other 17 than those to which it is held invalid, shall not be affected 18 thereby. 19 Section 17. The Boarding Aircraft With Weapon Act is 20 amended by changing Section 7 as follows: 21 (720 ILCS 545/7) (from Ch. 38, par. 84-7) 22 Sec. 7. Sentence. Violation of this Act is a Class 4 23 felony A misdemeanor. 24 (Source: P.A. 82-662.) 25 Section 20. The Code of Criminal Procedure of 1963 is 26 amended by changing Sections 108-4, 108A-6, 108B-1, 108B-2, 27 108B-3, 108B-4, 108B-5, 108B-7, 108B-8, 108B-9, 108B-10, 28 108B-11, 108B-12, and 108B-14 and adding Section 108B-7.5 as 29 follows: HB2058 Enrolled -42- LRB9201006ARsb 1 (725 ILCS 5/108-4) (from Ch. 38, par. 108-4) 2 Sec. 108-4. Issuance of search warrant. 3 (a) All warrants upon written complaint shall state the 4 time and date of issuance and be the warrants of the judge 5 issuing the same and not the warrants of the court in which 6 he is then sitting and such warrants need not bear the seal 7 of the court or clerk thereof. The complaint on which the 8 warrant is issued need not be filed with the clerk of the 9 court nor with the court if there is no clerk until the 10 warrant has been executed or has been returned "not 11 executed". 12 The search warrant upon written complaint may be issued 13 electronically or electromagnetically by use of a facsimile 14 transmission machine and any such warrant shall have the same 15 validity as a written search warrant. 16 (b) Warrant upon oral testimony. 17 (1) General rule. When the offense in connection 18 with which a search warrant is sought constitutes 19 terrorism or any related offense as defined in Article 20 29D of the Criminal Code of 1961, and if the 21 circumstances make it reasonable to dispense, in whole or 22 in part, with a written affidavit, a judge may issue a 23 warrant based upon sworn testimony communicated by 24 telephone or other appropriate means, including facsimile 25 transmission. 26 (2) Application. The person who is requesting the 27 warrant shall prepare a document to be known as a 28 duplicate original warrant and shall read such duplicate 29 original warrant, verbatim, to the judge. The judge shall 30 enter, verbatim, what is so read to the judge on a 31 document to be known as the original warrant. The judge 32 may direct that the warrant be modified. 33 (3) Issuance. If the judge is satisfied that the 34 offense in connection with which the search warrant is HB2058 Enrolled -43- LRB9201006ARsb 1 sought constitutes terrorism or any related offense as 2 defined in Article 29D of the Criminal Code of 1961, that 3 the circumstances are such as to make it reasonable to 4 dispense with a written affidavit, and that grounds for 5 the application exist or that there is probable cause to 6 believe that they exist, the judge shall order the 7 issuance of a warrant by directing the person requesting 8 the warrant to sign the judge's name on the duplicate 9 original warrant. The judge shall immediately sign the 10 original warrant and enter on the face of the original 11 warrant the exact time when the warrant was ordered to be 12 issued. The finding of probable cause for a warrant upon 13 oral testimony may be based on the same kind of evidence 14 as is sufficient for a warrant upon affidavit. 15 (4) Recording and certification of testimony. When 16 a caller informs the judge that the purpose of the call 17 is to request a warrant, the judge shall immediately 18 place under oath each person whose testimony forms a 19 basis of the application and each person applying for 20 that warrant. If a voice recording device is available, 21 the judge shall record by means of the device all of the 22 call after the caller informs the judge that the purpose 23 of the call is to request a warrant, otherwise a 24 stenographic or longhand verbatim record shall be made. 25 If a voice recording device is used or a stenographic 26 record made, the judge shall have the record transcribed, 27 shall certify the accuracy of the transcription, and 28 shall file a copy of the original record and the 29 transcription with the court. If a longhand verbatim 30 record is made, the judge shall file a signed copy with 31 the court. 32 (5) Contents. The contents of a warrant upon oral 33 testimony shall be the same as the contents of a warrant 34 upon affidavit. HB2058 Enrolled -44- LRB9201006ARsb 1 (6) Additional rule for execution. The person who 2 executes the warrant shall enter the exact time of 3 execution on the face of the duplicate original warrant. 4 (7) Motion to suppress based on failure to obtain a 5 written affidavit. Evidence obtained pursuant to a 6 warrant issued under this subsection (b) is not subject 7 to a motion to suppress on the ground that the 8 circumstances were not such as to make it reasonable to 9 dispense with a written affidavit, absent a finding of 10 bad faith. All other grounds to move to suppress are 11 preserved. 12 (8) This subsection (b) is inoperative on and after 13 January 1, 2005. 14 (9) No evidence obtained pursuant to this subsection 15 (b) shall be inadmissable in a court of law by virtue of 16 subdivision (8). 17 (Source: P.A. 87-523.) 18 (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6) 19 Sec. 108A-6. Emergency Exception to Procedures. (a) 20 Notwithstanding any other provisions of this Article, any 21 investigative or law enforcement officer, upon approval of a 22 State's Attorney, or without it if a reasonable effort has 23 been made to contact the appropriate State's Attorney, may 24 use an eavesdropping device in an emergency situation as 25 defined in this Section. Such use must be in accordance with 26 the provisions of this Section and may be allowed only where 27 the officer reasonably believes that an order permitting the 28 use of the device would issue were there a prior hearing. 29 An emergency situation exists when, without previous 30 notice to the law enforcement officer sufficient to obtain 31 prior judicial approval, the conversation to be overheard or 32 recorded will occur within a short period of time, the use of 33 the device is necessary for the protection of the law HB2058 Enrolled -45- LRB9201006ARsb 1 enforcement officer or it will occur in a situation involving 2 a clear and present danger of imminent death or great bodily 3 harm to persons resulting from: (1) a kidnapping or the 4 holding of a hostage by force or the threat of the imminent 5 use of force; or (2) the occupation by force or the threat of 6 the imminent use of force of any premises, place, vehicle, 7 vessel or aircraft; or (3) any violation of Article 29D. 8 (b) In all such cases, an application for an order 9 approving the previous or continuing use of an eavesdropping 10 device must be made within 48 hours of the commencement of 11 such use. In the absence of such an order, or upon its 12 denial, any continuing use shall immediately terminate. 13 In order to approve such emergency use, the judge must 14 make a determination (1) that he would have granted an order 15 had the information been before the court prior to the use of 16 the device and (2) that there was an emergency situation as 17 defined in this Section. 18 (c) In the event that an application for approval under 19 this Section is denied the contents of the conversations 20 overheard or recorded shall be treated as having been 21 obtained in violation of this Article. 22 (Source: P.A. 86-763.) 23 (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1) 24 Sec. 108B-1. Definitions. For the purpose of this 25 Article: 26 (a) "Aggrieved person" means a person who was a party to 27 any intercepted private wire or oralcommunication or any 28 person against whom the intercept was directed. 29 (b) "Chief Judge" means, when referring to a judge 30 authorized to receive application for, and to enter orders 31 authorizing, interceptions of private oralcommunications, 32 the Chief Judge of the Circuit Court wherein the application 33 for order of interception is filed, or a Circuit Judge HB2058 Enrolled -46- LRB9201006ARsb 1 designated by the Chief Judge to enter these orders. In 2 circuits other than the Cook County Circuit, "Chief Judge" 3 also means, when referring to a judge authorized to receive 4 application for, and to enter orders authorizing, 5 interceptions of private oralcommunications, an Associate 6 Judge authorized by Supreme Court Rule to try felony cases 7 who is assigned by the Chief Judge to enter these orders. 8 After assignment by the Chief Judge, an Associate Judge shall 9 have plenary authority to issue orders without additional 10 authorization for each specific application made to him by 11 the State's Attorney until the time the Associate Judge's 12 power is rescinded by the Chief Judge. 13 (c) "Communications common carrier" means any person 14 engaged as a common carrier for hirein the transmission of 15 communications by wire or radio, not including radio 16 broadcasting. 17 (d) "Contents" includes information obtained from a 18 private oralcommunication concerning the existence, 19 substance, purport or meaning of the communication, or the 20 identity of a party of the communication. 21 (e) "Court of competent jurisdiction" means any circuit 22 court. 23 (f) "Department" means Illinois Department of State 24 Police. 25 (g) "Director" means Director of the Illinois Department 26 of State Police. 27 (g-1) "Electronic communication" means any transfer of 28 signs, signals, writing, images, sounds, data, or 29 intelligence of any nature transmitted in whole or part by a 30 wire, radio, pager, computer, or electromagnetic, photo 31 electronic, or photo optical system where the sending and 32 receiving parties intend the electronic communication to be 33 private and the interception, recording, or transcription of 34 the electronic communication is accomplished by a device in a HB2058 Enrolled -47- LRB9201006ARsb 1 surreptitious manner contrary to the provisions of this 2 Article. "Electronic communication" does not include: 3 (1) any wire or oral communication; or 4 (2) any communication from a tracking device. 5 (h) "Electronic criminal surveillance device" or 6 "eavesdropping device" means any device or apparatus, or 7 computer program including an induction coil, that can be 8 used to intercept private communication human speechother 9 than: 10 (1) Any telephone, telegraph or telecommunication 11 instrument, equipment or facility, or any component of 12 it, furnished to the subscriber or user by a 13 communication common carrier in the ordinary course of 14 its business, or purchased by any person and being used 15 by the subscriber, user or person in the ordinary course 16 of his business, or being used by a communications common 17 carrier in the ordinary course of its business, or by an 18 investigative or law enforcement officer in the ordinary 19 course of his duties; or 20 (2) A hearing aid or similar device being used to 21 correct subnormal hearing to not better than normal. 22 (i) "Electronic criminal surveillance officer" means any 23 law enforcement officer of the United States or of the State 24 or political subdivision of it, or of another State, or of a 25 political subdivision of it, who is certified by the Illinois 26 Department of State Police to intercept private oral27 communications. 28 (j) "In-progress trace" means to determine the origin of 29 a wire communication to a telephone or telegraph instrument, 30 equipment or facility during the course of the communication. 31 (k) "Intercept" means the aural or other acquisition of 32 the contents of any private oralcommunication through the 33 use of any electronic criminal surveillance device. 34 (l) "Journalist" means a person engaged in, connected HB2058 Enrolled -48- LRB9201006ARsb 1 with, or employed by news media, including newspapers, 2 magazines, press associations, news agencies, wire services, 3 radio, television or other similar media, for the purpose of 4 gathering, processing, transmitting, compiling, editing or 5 disseminating news for the general public. 6 (m) "Law enforcement agency" means any law enforcement 7 agency of the United States, or the State or a political 8 subdivision of it. 9 (n) "Oral communication" means human speech used to 10 communicate by one party to another, in person, by wire 11 communication or by any other means. 12 (o) "Private oralcommunication" means a wire, ororal, 13 or electronic communication uttered or transmitted by a 14 person exhibiting an expectation that the communication is 15 not subject to interception, under circumstances reasonably 16 justifying the expectation. Circumstances that reasonably 17 justify the expectation that a communication is not subject 18 to interception include the use of a cordless telephone or 19 cellular communication device. 20 (p) "Wire communication" means any human speech used to 21 communicate by one party to another in whole or in part 22 through the use of facilities for the transmission of 23 communications by wire, cable or other like connection 24 between the point of origin and the point of reception 25 furnished or operated by a communications common carrier. 26 (q) "Privileged communications" means a private oral27 communication between: 28 (1) a licensed and practicing physician and a 29 patient within the scope of the profession of the 30 physician; 31 (2) a licensed and practicing psychologist to a 32 patient within the scope of the profession of the 33 psychologist; 34 (3) a licensed and practicing attorney-at-law and a HB2058 Enrolled -49- LRB9201006ARsb 1 client within the scope of the profession of the lawyer; 2 (4) a practicing clergyman and a confidant within 3 the scope of the profession of the clergyman; 4 (5) a practicing journalist within the scope of his 5 profession; 6 (6) spouses within the scope of their marital 7 relationship; or 8 (7) a licensed and practicing social worker to a 9 client within the scope of the profession of the social 10 worker. 11 (Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.) 12 (725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2) 13 Sec. 108B-2. Request for application for interception. 14 (a) A State's Attorney may apply for an order authorizing 15 interception of private oralcommunications in accordance 16 with the provisions of this Article. 17 (b) The head of a law enforcement agency, including, for 18 purposes of this subsection, the acting head of such law 19 enforcement agency if the head of such agency is absent or 20 unable to serve, may request that a State's Attorney apply 21 for an order authorizing interception of private oral22 communications in accordance with the provisions of this 23 Article. 24 Upon request of a law enforcement agency, the Department 25 may provide technical assistance to such an agency which is 26 authorized to conduct an interception. 27 (Source: P.A. 85-1203.) 28 (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) 29 Sec. 108B-3. Authorization for the interception of 30 private oralcommunication. 31 (a) The State's Attorney, or a person designated in 32 writing or by law to act for him and to perform his duties HB2058 Enrolled -50- LRB9201006ARsb 1 during his absence or disability, may authorize, in writing, 2 an ex parte application to the chief judge of a court of 3 competent jurisdiction for an order authorizing the 4 interception of a private oral communication when no party 5 has consented to the interception and (i) the interception 6 may provide evidence of, or may assist in the apprehension of 7 a person who has committed, is committing or is about to 8 commit, a violation of Section 8-1.1 (solicitation of 9 murder), 8-1.2 (solicitation of murder for hire), 9-1 (first 10 degree murder), or 29B-1 (money laundering) of the Criminal 11 Code of 1961, Section 401, 401.1 (controlled substance 12 trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of 13 the Illinois Controlled Substances Act, a violation of 14 Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, 15 or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 16 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 17 1961 or conspiracy to commit money laundering or conspiracy 18 to commit first degree murder; (ii) in response to a clear 19 and present danger of imminent death or great bodily harm to 20 persons resulting from: (1) a kidnapping or the holding of a 21 hostage by force or the threat of the imminent use of force; 22 or (2) the occupation by force or the threat of the imminent 23 use of force of any premises, place, vehicle, vessel or 24 aircraft; (iii) to aid an investigation or prosecution of a 25 civil action brought under the Illinois Streetgang Terrorism 26 Omnibus Prevention Act when there is probable cause to 27 believe the interception of the private oral communication 28 will provide evidence that a streetgang is committing, has 29 committed, or will commit a second or subsequent gang-related 30 offense or that the interception of the private oral 31 communication will aid in the collection of a judgment 32 entered under that Act; or (iv) upon information and belief 33 that a streetgang has committed, is committing, or is about 34 to commit a felony. HB2058 Enrolled -51- LRB9201006ARsb 1 (b) The State's Attorney or a person designated in 2 writing or by law to act for the State's Attorney and to 3 perform his or her duties during his or her absence or 4 disability, may authorize, in writing, an ex parte 5 application to the chief judge of a circuit court for an 6 order authorizing the interception of a private communication 7 when no party has consented to the interception and the 8 interception may provide evidence of, or may assist in the 9 apprehension of a person who has committed, is committing or 10 is about to commit, a violation of an offense under Article 11 29D of the Criminal Code of 1961. 12 (b-1) Subsection (b) is inoperative on and after January 13 1, 2005. 14 (b-2) No conversations recorded or monitored pursuant to 15 subsection (b) shall be made inadmissable in a court of law 16 by virtue of subsection (b-1). 17 (c) As used in this Section, "streetgang" and 18 "gang-related" have the meanings ascribed to them in Section 19 10 of the Illinois Streetgang Terrorism Omnibus Prevention 20 Act. 21 (Source: P.A. 88-249; 88-677, eff. 12-15-94.) 22 (725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4) 23 Sec. 108B-4. Application for order of interception. (a) 24 Each application for an order of authorization to intercept a 25 private oralcommunication shall be made in writing upon oath 26 or affirmation and shall include: 27 (1) The authority of the applicant to make the 28 application; 29 (2) The identity of the electronic criminal surveillance 30 officer for whom the authority to intercept a private oral31 communication is sought; 32 (3) The facts relied upon by the applicant including: 33 (i) The identity of the particular person, if known, who HB2058 Enrolled -52- LRB9201006ARsb 1 is committing, is about to commit, or has committed the 2 offense and whose private communication is to be intercepted; 3 (ii) The details as to the particular offense that has 4 been, is being, or is about to be committed; 5 (iii) The particular type of private communication to be 6 intercepted; 7 (iv) Except as provided in Section 108B-7.5, a showing 8 that there is probable cause to believe that the private 9 communication will be communicated on the particular wire or 10 electronic communication facility involved or at the 11 particular place where the oral communication is to be 12 intercepted; 13 (v) Except as provided in Section 108B-7.5, the 14 character and location of the particular wire or electronic 15 communication facilities involved or the particular place 16 where the oral communication is to be intercepted; 17 (vi) The objective of the investigation; 18 (vii) A statement of the period of time for which the 19 interception is required to be maintained, and, if the 20 objective of the investigation is such that the authorization 21 for interception should not automatically terminate when the 22 described type of communication has been first obtained, a 23 particular statement of facts establishing probable cause to 24 believe that additional communications of the same type will 25 continue to occur; 26 (viii) A particular statement of facts showing that 27 other normal investigative procedures with respect to the 28 offense have been tried and have failed, or reasonably appear 29 to be unlikely to succeed if tried, or are too dangerous to 30 employ; 31 (4) Where the application is for the extension of an 32 order, a statement of facts showing the results obtained from 33 the interception, or a reasonable explanation of the failure 34 to obtain results; HB2058 Enrolled -53- LRB9201006ARsb 1 (5) A statement of the facts concerning all previous 2 applications known to the applicant made to any court for 3 authorization to intercept a private an oral, electronic, or4 wirecommunication involving any of the same facilities or 5 places specified in the application or involving any person 6 whose communication is to be intercepted, and the action 7 taken by the court on each application; 8 (6) A proposed order of authorization for consideration 9 by the judge; and 10 (7) Such additional statements of facts in support of 11 the application on which the applicant may rely or as the 12 chief judge may require. 13 (b) As part of the consideration of that part of an 14 application for which there is no corroborative evidence 15 offered, the chief judge may inquire in camera as to the 16 identity of any informant or request any other additional 17 information concerning the basis upon which the State's 18 Attorney, or the head of the law enforcement agency has 19 relied in making an application or a request for application 20 for the order of authorization which the chief judge finds 21 relevant to the determination of probable cause under this 22 Article. 23 (Source: P.A. 85-1203.) 24 (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5) 25 Sec. 108B-5. Requirements for order of interception. 26 Upon consideration of an application, the chief judge may 27 enter an ex parte order, as requested or as modified, 28 authorizing the interception of a private oralcommunication, 29 if the chief judge determines on the basis of the application 30 submitted by the applicant, that: 31 (1) There is probable cause for belief that (a) the 32 person whose private communication is to be intercepted is 33 committing, has committed, or is about to commit an offense HB2058 Enrolled -54- LRB9201006ARsb 1 enumerated in Section 108B-3, or (b) the facilities from 2 which, or the place where, the private oralcommunication is 3 to be intercepted, is, has been, or is about to be used in 4 connection with the commission of the offense, or is leased 5 to, listed in the name of, or commonly used by, the person; 6 and 7 (2) There is probable cause for belief that a particular 8 private communication concerning such offense may be obtained 9 through the interception; and 10 (3) Normal investigative procedures with respect to the 11 offense have been tried and have failed or reasonably appear 12 to be unlikely to succeed if tried or too dangerous to 13 employ; and 14 (4) The electronic criminal surveillance officers to be 15 authorized to supervise the interception of the private oral16 communication have been certified by the Department. 17 (b) In the case of an application, other than for an 18 extension, for an order to intercept a communication of a 19 person or on a wire communication facility that was the 20 subject of a previous order authorizing interception, the 21 application shall be based upon new evidence or information 22 different from and in addition to the evidence or information 23 offered to support the prior order, regardless of whether the 24 evidence was derived from prior interceptions or from other 25 sources. 26 (c) The chief judge may authorize interception of a 27 private oralcommunication anywhere in the judicial circuit. 28 If the court authorizes the use of an eavesdropping device 29 with respect to a vehicle, watercraft, or aircraft that is 30 within the judicial circuit at the time the order is issued, 31 the order may provide that the interception may continue 32 anywhere within the State if the vehicle, watercraft, or 33 aircraft leaves the judicial circuit. 34 (Source: P.A. 85-1203.) HB2058 Enrolled -55- LRB9201006ARsb 1 (725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7) 2 Sec. 108B-7. Contents of order for use of eavesdropping 3 device. (a) Each order authorizing the interception of a 4 private oralcommunication shall state: 5 (1) The chief judge is authorized to issue the order; 6 (2) The identity of, or a particular description of, the 7 person, if known, whose private communications are to be 8 intercepted; 9 (3) The character and location of the particular wire 10 communication facilities as to which, or the particular place 11 of the communications as to which, authority to intercept is 12 granted; 13 (4) A particular description of the type of private 14 communication to be intercepted and a statement of the 15 particular offense to which it relates; 16 (5) The identity and certification of the electronic 17 criminal surveillance officers to whom the authority to 18 intercept a private oralcommunication is given and the 19 identity of the person who authorized the application; and 20 (6) The period of time during which the interception is 21 authorized, including a statement as to whether or not the 22 interception shall automatically terminate when the described 23 communication has been first obtained. 24 (b) No order entered under this Section shall authorize 25 the interception of private oralcommunications for a period 26 of time in excess of that necessary to achieve the objective 27 of the authorization. Every order entered under this Section 28 shall require that the interception begin and terminate as 29 soon as practicable and be conducted in such a manner as to 30 minimize the interception of communications not otherwise 31 subject to interception. No order, other than for an 32 extension, entered under this Section may authorize the 33 interception of private oralcommunications for any period 34 exceeding 30 days. Extensions of an order may be granted for HB2058 Enrolled -56- LRB9201006ARsb 1 periods of not more than 30 days. No extension shall be 2 granted unless an application for it is made in accordance 3 with Section 108B-4 and the judge makes the findings required 4 by Section 108B-5 and, where necessary, Section 108B-6. 5 (c) Whenever an order authorizing an interception is 6 entered, the order shall require reports to be made to the 7 chief judge who issued the order showing what progress has 8 been made toward achievement of the authorized objective and 9 the need for continued interception. The reports shall be 10 made at such intervals as the judge may require. 11 (d) An order authorizing the interception of a private 12 oralcommunication shall, upon request of the applicant, 13 direct that a communications common carrier, landlord, owner, 14 building operator, custodian, or other person furnish the 15 applicant forthwith all information, facilities and technical 16 assistance necessary to accomplish the interception 17 unobtrusively and with a minimum of interference with the 18 services that the carrier, owner, building operator, 19 landlord, custodian, or person is affording the person whose 20 communication is to be intercepted. The obligation of a 21 communications common carrier under the order may include 22 conducting an in-progress trace during an interception. Any 23 communications common carrier, landlord, owner, building 24 operator, custodian, or person furnishing the facilities or 25 technical assistance shall be compensated by the applicant at 26 the prevailing rates. 27 (e) A communications common carrier, landlord, owner, 28 building operator, custodian, or other person who has been 29 provided with an order issued under this Article shall not 30 disclose the existence of the order of interception, or of a 31 device used to accomplish the interception unless: 32 (1) He is required to do so by legal process; and 33 (2) He has given prior notification to the State's 34 Attorney, who has authorized the application for the order. HB2058 Enrolled -57- LRB9201006ARsb 1 (f) An order authorizing the interception of a private 2 oralcommunication shall, upon the request of the applicant, 3 authorize the entry into the place or facilities by 4 electronic criminal surveillance officers as often as 5 necessary for the purpose of installing, maintaining or 6 removing an intercepting device where the entry is necessary 7 to conduct or complete the interception. The chief judge who 8 issues the order shall be notified of the fact of each entry 9 prior to entry, if practicable, and, in any case, within 48 10 hours of entry. 11 (g) (1) Notwithstanding any provision of this Article, 12 any chief judge of a court of competent jurisdiction to which 13 any application is made under this Article may take any 14 evidence, make any finding, or issue any order to conform the 15 proceedings or the issuance of any order to the Constitution 16 of the United States, or of any law of the United States or 17 to the Constitution of the State of Illinois or to the laws 18 of Illinois. 19 (2) When the language of this Article is the same or 20 similar to the language of Title III of P.L. 90-351 (82 Stat. 21 211 et seq., codified at, 18 U.S.C. 2510 et seq.), the courts 22 of this State in construing this Article shall follow the 23 construction given to Federal law by the United States 24 Supreme Court or United States Court of Appeals for the 25 Seventh Circuit. 26 (Source: P.A. 85-1203.) 27 (725 ILCS 5/108B-7.5 new) 28 Sec. 108B-7.5. Applicability. 29 (a) The requirements of subdivisions (a)(3)(iv) and 30 (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 31 108B-5, and subdivision (a)(3) of Section 108B-7 of this 32 Article relating to the specification of the facilities from 33 which, or the place where, the communication is to be HB2058 Enrolled -58- LRB9201006ARsb 1 intercepted do not apply if: 2 (1) in the case of an application with respect to 3 the interception of an oral communication: 4 (A) the application is by the State's 5 Attorney, or a person designated in writing or by 6 law to act for the State's Attorney and to perform 7 his or her duties during his or her absence or 8 disability; 9 (B) the application contains a full and 10 complete statement as to why such specification is 11 not practical and identifies the person committing 12 the offense and whose communications are to be 13 intercepted; 14 (C) the judge finds that such specification is 15 not practical; and 16 (D) the order sought is in connection with an 17 investigation of a violation of Article 29D of the 18 Criminal Code of 1961. 19 (2) in the case of an application with respect to a 20 wire or electronic communication: 21 (A) the application is by the State's 22 Attorney, or a person designated in writing or by 23 law to act for the State's Attorney and to perform 24 his or her duties during his or her absence or 25 disability; 26 (B) the application identifies the person 27 believed to be committing the offense and whose 28 communications are to be intercepted and the 29 applicant makes a showing that there is probable 30 cause to believe that the person's actions could 31 have the effect of thwarting interception from a 32 specified facility; 33 (C) the judge finds that such showing has been 34 adequately made; HB2058 Enrolled -59- LRB9201006ARsb 1 (D) the order authorizing or approving the 2 interception is limited to interception only for 3 such time as it is reasonable to presume that the 4 person identified in the application is or was 5 reasonably proximate to the instrument through which 6 such communication will be or was transmitted; and 7 (E) the order sought is in connection with an 8 investigation of a violation of Article 29D of the 9 Criminal Code of 1961. 10 (b) An interception of a communication under an order 11 with respect to which the requirements of subdivisions 12 (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision 13 (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 14 108B-7 of this Article do not apply by reason of this Section 15 shall not begin until the place where the communication is to 16 be intercepted is ascertained by the person implementing the 17 interception order. A provider of wire or electronic 18 communications service that has received an order as provided 19 for in subdivision (a)(2) may upon notice to the People move 20 the court to modify or quash the order on the ground that its 21 assistance with respect to the interception cannot be 22 performed in a timely or reasonable fashion. The court shall 23 decide such a motion expeditiously. 24 (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8) 25 Sec. 108B-8. Emergency use of eavesdropping device. (a) 26 Whenever, upon informal application by the State's Attorney, 27 a chief judge of competent jurisdiction determines that: 28 (1) There may be grounds upon which an order could be 29 issued under this Article; 30 (2) There is probable cause to believe that an emergency 31 situation exists with respect to the investigation of an 32 offense enumerated in Section 108B-3; and 33 (3) There is probable cause to believe that a HB2058 Enrolled -60- LRB9201006ARsb 1 substantial danger to life or limb exists justifying the 2 authorization for immediate interception of a private oral3 communication before formal application for an order could 4 with due diligence be submitted to him and acted upon; the 5 chief judge may grant oral approval for an interception, 6 without an order, conditioned upon the filing with him, 7 within 48 hours, of an application for an order under Section 8 108B-4 which shall also recite the oral approval under this 9 Section and be retroactive to the time of the oral approval. 10 (b) Interception under oral approval under this Section 11 shall immediately terminate when the communication sought is 12 obtained or when the application for an order is denied, 13 whichever is earlier. 14 (c) In the event no formal application for an order is 15 subsequently made under this Section, the content of any 16 private oralcommunication intercepted under oral approval 17 under this Section shall be treated as having been obtained 18 in violation of this Article. 19 (d) In the event no application for an order is made 20 under this Section or an application made under this Section 21 is subsequently denied, the judge shall cause an inventory to 22 be served under Section 108B-11 of this Article and shall 23 require the tape or other recording of the intercepted 24 communication to be delivered to, and sealed by, the judge. 25 The evidence shall be retained by the court, and it shall not 26 be used or disclosed in any legal proceeding, except a civil 27 action brought by an aggrieved person under Section 14-6 of 28 the Criminal Code of 1961, or as otherwise authorized by the 29 order of a court of competent jurisdiction. In addition to 30 other remedies or penalties provided by law, failure to 31 deliver any tape or other recording to the chief judge shall 32 be punishable as contempt by the judge directing the 33 delivery. 34 (Source: P.A. 85-1203.) HB2058 Enrolled -61- LRB9201006ARsb 1 (725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9) 2 Sec. 108B-9. Recordings, records and custody. 3 (a) Any private oralcommunication intercepted in 4 accordance with this Article shall, if practicable, be 5 recorded by tape or other comparable method. The recording 6 shall, if practicable, be done in such a way as will protect 7 it from editing or other alteration. During an interception, 8 the interception shall be carried out by an electronic 9 criminal surveillance officer, and, if practicable, such 10 officer shall keep a signed, written record, including: 11 (1) The date and hours of surveillance; 12 (2) The time and duration of each intercepted 13 communication; 14 (3) The parties, if known, to each intercepted 15 conversation; and 16 (4) A summary of the contents of each intercepted 17 communication. 18 (b) Immediately upon the expiration of the order or its 19 extensions, the tapes and other recordings shall be 20 transferred to the chief judge issuing the order and sealed 21 under his direction. Custody of the tapes, or other 22 recordings, shall be maintained wherever the chief judge 23 directs. They shall not be destroyed except upon an order of 24 a court of competent jurisdiction and in any event shall be 25 kept for 10 years. Duplicate tapes or other recordings may 26 be made for disclosure or use under paragraph (a) of Section 27 108B-2a of this Article. The presence of the seal provided 28 by this Section, or a satisfactory explanation for its 29 absence, shall be a prerequisite for the disclosure of the 30 contents of any private oralcommunication, or evidence 31 derived from it, under paragraph (b) of Section 108B-2a of 32 this Article. 33 (Source: P.A. 86-763.) HB2058 Enrolled -62- LRB9201006ARsb 1 (725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10) 2 Sec. 108B-10. Applications, orders, and custody. 3 (a) Applications made and orders granted under this 4 Article for the interception of private oralcommunications 5 shall be sealed by the chief judge issuing or denying them 6 and held in custody as the judge shall direct. The 7 applications and orders shall be kept for a period of 10 8 years. Destruction of the applications and orders prior to 9 the expiration of that period of time may be made only upon 10 the order of a court of competent jurisdiction. Disclosure 11 of the applications and orders may be ordered by a court of 12 competent jurisdiction on a showing of good cause. 13 (b) The electronic criminal surveillance officer shall 14 retain a copy of applications and orders for the interception 15 of private oralcommunications. The applications and orders 16 shall be kept for a period of 10 years. Destruction of the 17 applications and orders prior to the expiration of that 18 period of time may be made only upon an order of a court of 19 competent jurisdiction. Disclosure and use of the 20 applications and orders may be made by an electronic criminal 21 surveillance officer only in the proper performance of his 22 official duties. 23 (c) In addition to any other remedies or penalties 24 provided by law, any violation of this Section shall be 25 punishable as contempt of court. 26 (Source: P.A. 85-1203.) 27 (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11) 28 Sec. 108B-11. Inventory. 29 (a) Within a reasonable period of time but not later than 30 90 days after the termination of the period of the order, or 31 its extensions, or the date of the denial of an application 32 made under Section 108B-8, the chief judge issuing or denying 33 the order or extension shall cause an inventory to be served HB2058 Enrolled -63- LRB9201006ARsb 1 on any person: 2 (1) Named in the order; 3 (2) Arrested as a result of the interception of his 4 private oralcommunication; 5 (3) Indicted or otherwise charged as a result of the 6 interception of his private oralcommunication; 7 (4) Any person whose private oralcommunication was 8 intercepted and who the judge issuing or denying the order or 9 application may in his discretion determine should be 10 informed in the interest of justice. 11 (b) The inventory under this Section shall include: 12 (1) Notice of the entry of the order or the application 13 for an order denied under Section 108B-8; 14 (2) The date of the entry of the order or the denial of 15 an order applied for under Section 108B-8; 16 (3) The period of authorized or disapproved 17 interception; and 18 (4) The fact that during the period a private oral19 communication was or was not intercepted. 20 (c) A court of competent jurisdiction, upon filing of a 21 motion, may in its discretion make available to those persons 22 or their attorneys for inspection those portions of the 23 intercepted communications, applications and orders as the 24 court determines to be in the interest of justice. 25 (d) On an ex parte showing of good cause to a court of 26 competent jurisdiction, the serving of the inventories 27 required by this Section may be postponed for a period not to 28 exceed 12 months. 29 (Source: P.A. 85-1203.) 30 (725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12) 31 Sec. 108B-12. Approval, notice, suppression. 32 (a) If an electronic criminal surveillance officer, 33 while intercepting a private oralcommunication in accordance HB2058 Enrolled -64- LRB9201006ARsb 1 with the provision of this Article, intercepts a private oral2 communication that relates to an offense other than an 3 offense enumerated in Section 108B-3 of the Act, or relates 4 to an offense enumerated in Section 108B-3 but not specified 5 in the order of authorization, the State's Attorney, or a 6 person designated in writing or by law to act for him, may, 7 in order to permit the disclosure or use of the information 8 under Section 108B-2a of this Act, make a motion for an order 9 approving the interception. The chief judge of a court of 10 competent jurisdiction shall enter an order approving the 11 interception if he finds that at the time of the application, 12 there existed probable cause to believe that a person whose 13 private oralcommunication was intercepted was committing or 14 had committed an offense and the content of the communication 15 relates to that offense, and that the communication was 16 otherwise intercepted in accordance with the provisions of 17 this Article. 18 (b) An intercepted private oralcommunication, or 19 evidence derived from it, may not be received in evidence or 20 otherwise disclosed in an official proceeding unless each 21 aggrieved person who is a party in the official proceeding, 22 including any proceeding before a legislative, judicial, 23 administrative or other governmental agency or official 24 authorized to hear evidence under oath or other person taking 25 testimony or depositions in any such proceeding, other than a 26 grand jury, has, not less than 10 days before the official 27 proceeding, been furnished with a copy of the court order, 28 and the accompanying application, under which the 29 interception was authorized or approved. The 10 day period 30 may be waived by the presiding official if he finds that it 31 was not practicable to furnish the person with the 32 information 10 days before the proceeding, and that the 33 person will not be or has not been prejudiced by delay in 34 receiving the information. HB2058 Enrolled -65- LRB9201006ARsb 1 (c) An aggrieved person in an official proceeding may 2 make a motion under this Section to suppress the contents of 3 an intercepted private oralcommunication, or evidence 4 derived from it, on the grounds that: 5 (1) The communication was unlawfully intercepted; 6 (2) The order of authorization or approval under which 7 it was intercepted is insufficient on its face; or 8 (3) The interception was not made in conformity with the 9 order of authorization or approval or at the time of the 10 application there was not probable cause to believe that the 11 aggrieved person was committing or had committed the offense 12 to which the content of the private communication relates. 13 (d) If a motion under this Section duly alleges that the 14 evidence sought to be suppressed in an official proceeding, 15 including a grand jury, has been derived from an unlawfully 16 intercepted private oralcommunication, and if the aggrieved 17 person who is a party has not been served with notice of the 18 interception under this Section, the opponent of the 19 allegation shall, after conducting a thorough search of its 20 files, affirm or deny the occurrence of the alleged unlawful 21 interception, but no motion shall be considered if the 22 alleged unlawful interception took place more than 5 years 23 before the event to which the evidence relates. 24 (e) Where a motion is duly made under this Section prior 25 to the appearance of a witness before a grand jury, the 26 opponent of the motion may make such applications and orders 27 as it has available to the chief judge of a court of 28 competent jurisdiction in camera, and if the judge determines 29 that there is no defect in them sufficient on its face to 30 render them invalid, the judge shall inform the witness that 31 he has not been the subject of an unlawful interception. If 32 the judge determines that there is a defect in them 33 sufficient on its face to render them invalid, he shall enter 34 an order prohibiting any question being put to the witness HB2058 Enrolled -66- LRB9201006ARsb 1 based on the unlawful interception. 2 (f) Motions under this Section shall be made prior to 3 the official proceeding unless there was no opportunity to 4 make the motion or unless the aggrieved person who is a party 5 was not aware of the grounds for the motion. Motions by 6 co-indictees shall, on motion of the People, be heard in a 7 single consolidated hearing. 8 (g) A chief judge of a court of competent jurisdiction, 9 upon the filing of a motion by an aggrieved person who is a 10 party under this Section, except before a grand jury, may 11 make available for inspection by the aggrieved person or his 12 attorney such portions of the intercepted private 13 communications, applications and orders or the evidence 14 derived from them as the judge determines to be in the 15 interest of justice. 16 (h) If a motion under this Section is granted, the 17 intercepted private oralcommunication, and evidence derived 18 from it, may not be received in evidence in an official 19 proceeding, including a grand jury. 20 (i) In addition to any other right of appeal, the People 21 shall have the right to appeal from an order granting a 22 motion to suppress if the official to whom the order 23 authorizing the interception was granted certifies to the 24 court that the appeal is not taken for purposes of delay. 25 The appeal shall otherwise be taken in accordance with the 26 law. 27 (Source: P.A. 85-1203.) 28 (725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14) 29 Sec. 108B-14. Training. 30 (a) The Director of the Illinois Department of State 31 Police shall: 32 (1) Establish a course of training in the legal, 33 practical, and technical aspects of the interception of HB2058 Enrolled -67- LRB9201006ARsb 1 private oralcommunications and related investigation and 2 prosecution techniques; 3 (2) Issue regulations as he finds necessary for the 4 training program; 5 (3) In cooperation with the Illinois Law 6 Enforcement Training Standards Board, set minimum 7 standards for certification and periodic recertification 8 of electronic criminal surveillance officers as eligible 9 to apply for orders authorizing the interception of 10 private oralcommunications, to conduct the 11 interceptions, and to use the private communications or 12 evidence derived from them in official proceedings; and 13 (4) In cooperation with the Illinois Law 14 Enforcement Training Standards Board, revoke or suspend 15 the certification of any electronic criminal surveillance 16 officer who has violated any law relating to electronic 17 criminal surveillance, or any of the guidelines 18 established by the Department for conducting electronic 19 criminal surveillance. 20 (b) The Executive Director of the Illinois Law 21 Enforcement Training Standards Board shall: 22 (1) Pursuant to the Illinois Police Training Act, 23 review the course of training prescribed by the 24 Department for the purpose of certification relating to 25 reimbursement of expenses incurred by local law 26 enforcement agencies participating in the electronic 27 criminal surveillance officer training process, and 28 (2) Assist the Department in establishing minimum 29 standards for certification and periodic recertification 30 of electronic criminal surveillance officers as being 31 eligible to apply for orders authorizing the interception 32 of private oralcommunications, to conduct the 33 interpretations, and to use the communications or 34 evidence derived from them in official proceedings. HB2058 Enrolled -68- LRB9201006ARsb 1 (Source: P.A. 88-586, eff. 8-12-94.) 2 Section 21. The Statewide Grand Jury Act is amended by 3 changing Sections 2, 3, 4, and 10 as follows: 4 (725 ILCS 215/2) (from Ch. 38, par. 1702) 5 Sec. 2. (a) County grand juries and State's Attorneys 6 have always had and shall continue to have primary 7 responsibility for investigating, indicting, and prosecuting 8 persons who violate the criminal laws of the State of 9 Illinois. However, in recent years organized terrorist 10 activity directed against innocent civilians and certain 11 criminal enterprises have developed that require 12 investigation, indictment, and prosecution on a statewide or 13 multicounty level. The criminal Theseenterprises exist as a 14 result of the allure of profitability present in narcotic 15 activity, the unlawful sale and transfer of firearms, and 16 streetgang related felonies and organized terrorist activity 17 is supported by the contribution of money and expert 18 assistance from geographically diverse sources. In order to 19 shut off the life blood of terrorism and weaken or eliminate 20 the criminal theseenterprises, assets, and property used to 21 further these offenses must be frozen, and any theprofit 22 must be removed. State statutes exist that can accomplish 23 that goal. Among them are the offense of money laundering, 24 the Cannabis and Controlled Substances Tax Act, violations of 25 Article 29D of the Criminal Code of 1961, the Narcotics 26 Profit Forfeiture Act, and gunrunning. Local prosecutors 27 need investigative personnel and specialized training to 28 attack and eliminate these profits. In light of the 29 transitory and complex nature of conduct that constitutes 30 these criminal activities, the many diverse property 31 interests that may be used, acquired directly or indirectly 32 as a result of these criminal activities, and the many places HB2058 Enrolled -69- LRB9201006ARsb 1 that illegally obtained property may be located, it is the 2 purpose of this Act to create a limited, multicounty 3 Statewide Grand Jury with authority to investigate, indict, 4 and prosecute: narcotic activity, including cannabis and 5 controlled substance trafficking, narcotics racketeering, 6 money laundering, andviolations of the Cannabis and 7 Controlled Substances Tax Act, and violations of Article 29D 8 of the Criminal Code of 1961; the unlawful sale and transfer 9 of firearms; gunrunning; and streetgang related felonies. 10 (b) A Statewide Grand Jury may also investigate, indict, 11 and prosecute violations facilitated by the use of a computer 12 of any of the following offenses: indecent solicitation of a 13 child, sexual exploitation of a child, soliciting for a 14 juvenile prostitute, keeping a place of juvenile 15 prostitution, juvenile pimping, or child pornography. 16 (Source: P.A. 91-225, eff. 1-1-00.) 17 (725 ILCS 215/3) (from Ch. 38, par. 1703) 18 Sec. 3. Written application for the appointment of a 19 Circuit Judge to convene and preside over a Statewide Grand 20 Jury, with jurisdiction extending throughout the State, shall 21 be made to the Chief Justice of the Supreme Court. Upon such 22 written application, the Chief Justice of the Supreme Court 23 shall appoint a Circuit Judge from the circuit where the 24 Statewide Grand Jury is being sought to be convened, who 25 shall make a determination that the convening of a Statewide 26 Grand Jury is necessary. 27 In such application the Attorney General shall state that 28 the convening of a Statewide Grand Jury is necessary because 29 of an alleged offense or offenses set forth in this Section 30 involving more than one county of the State and identifying 31 any such offense alleged; and 32 (a) that he or she believes that the grand jury 33 function for the investigation and indictment of the HB2058 Enrolled -70- LRB9201006ARsb 1 offense or offenses cannot effectively be performed by a 2 county grand jury together with the reasons for such 3 belief, and 4 (b)(1) that each State's Attorney with 5 jurisdiction over an offense or offenses to be 6 investigated has consented to the impaneling of the 7 Statewide Grand Jury, or 8 (2) if one or more of the State's Attorneys 9 having jurisdiction over an offense or offenses to 10 be investigated fails to consent to the impaneling 11 of the Statewide Grand Jury, the Attorney General 12 shall set forth good cause for impaneling the 13 Statewide Grand Jury. 14 If the Circuit Judge determines that the convening of a 15 Statewide Grand Jury is necessary, he or she shall convene 16 and impanel the Statewide Grand Jury with jurisdiction 17 extending throughout the State to investigate and return 18 indictments: 19 (a) For violations of any of the following or for 20 any other criminal offense committed in the course of 21 violating any of the following: Article 29D of the 22 Criminal Code of 1961, the Illinois Controlled Substances 23 Act, the Cannabis Control Act, the Narcotics Profit 24 Forfeiture Act, or the Cannabis and Controlled Substances 25 Tax Act; a streetgang related felony offense; Section 26 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 27 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 28 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the 29 Criminal Code of 1961; or a money laundering offense; 30 provided that the violation or offense involves acts 31 occurring in more than one county of this State; and 32 (a-5) For violations facilitated by the use of a 33 computer, including the use of the Internet, the World 34 Wide Web, electronic mail, message board, newsgroup, or HB2058 Enrolled -71- LRB9201006ARsb 1 any other commercial or noncommercial on-line service, of 2 any of the following offenses: indecent solicitation of 3 a child, sexual exploitation of a child, soliciting for a 4 juvenile prostitute, keeping a place of juvenile 5 prostitution, juvenile pimping, or child pornography; and 6 (b) For the offenses of perjury, subornation of 7 perjury, communicating with jurors and witnesses, and 8 harassment of jurors and witnesses, as they relate to 9 matters before the Statewide Grand Jury. 10 "Streetgang related" has the meaning ascribed to it in 11 Section 10 of the Illinois Streetgang Terrorism Omnibus 12 Prevention Act. 13 Upon written application by the Attorney General for the 14 convening of an additional Statewide Grand Jury, the Chief 15 Justice of the Supreme Court shall appoint a Circuit Judge 16 from the circuit for which the additional Statewide Grand 17 Jury is sought. The Circuit Judge shall determine the 18 necessity for an additional Statewide Grand Jury in 19 accordance with the provisions of this Section. No more than 20 2 Statewide Grand Juries may be empaneled at any time. 21 (Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01.) 22 (725 ILCS 215/4) (from Ch. 38, par. 1704) 23 Sec. 4. (a) The presiding judge of the Statewide Grand 24 Jury will receive recommendations from the Attorney General 25 as to the county in which the Grand Jury will sit. Prior to 26 making the recommendations, the Attorney General shall obtain 27 the permission of the local State's Attorney to use his or 28 her county for the site of the Statewide Grand Jury. Upon 29 receiving the Attorney General's recommendations, the 30 presiding judge will choose one of those recommended 31 locations as the site where the Grand Jury shall sit. 32 Any indictment by a Statewide Grand Jury shall be 33 returned to the Circuit Judge presiding over the Statewide HB2058 Enrolled -72- LRB9201006ARsb 1 Grand Jury and shall include a finding as to the county or 2 counties in which the alleged offense was committed. 3 Thereupon, the judge shall, by order, designate the county of 4 venue for the purpose of trial. The judge may also, by 5 order, direct the consolidation of an indictment returned by 6 a county grand jury with an indictment returned by the 7 Statewide Grand Jury and set venue for trial. 8 (b) Venue for purposes of trial for the offense of 9 narcotics racketeering shall be proper in any county where: 10 (1) Cannabis or a controlled substance which is the 11 basis for the charge of narcotics racketeering was used; 12 acquired; transferred or distributed to, from or through; 13 or any county where any act was performed to further the 14 use; acquisition, transfer or distribution of said 15 cannabis or controlled substance; or 16 (2) Any money, property, property interest, or any 17 other asset generated by narcotics activities was 18 acquired, used, sold, transferred or distributed to, from 19 or through; or, 20 (3) Any enterprise interest obtained as a result of 21 narcotics racketeering was acquired, used, transferred or 22 distributed to, from or through, or where any activity 23 was conducted by the enterprise or any conduct to further 24 the interests of such an enterprise. 25 (c) Venue for purposes of trial for the offense of money 26 laundering shall be proper in any county where any part of a 27 financial transaction in criminally derived property took 28 place, or in any county where any money or monetary interest 29 which is the basis for the offense, was acquired, used, sold, 30 transferred or distributed to, from, or through. 31 (d) A person who commits the offense of cannabis 32 trafficking or controlled substance trafficking may be tried 33 in any county. 34 (e) Venue for purposes of trial for any violation of HB2058 Enrolled -73- LRB9201006ARsb 1 Article 29D of the Criminal Code of 1961 may be in the county 2 in which an act of terrorism occurs, the county in which 3 material support or resources are provided or solicited, the 4 county in which criminal assistance is rendered, or any 5 county in which any act in furtherance of any violation of 6 Article 29D of the Criminal Code of 1961 occurs. 7 (Source: P.A. 87-466.) 8 (725 ILCS 215/10) (from Ch. 38, par. 1710) 9 Sec. 10. The Attorney General shall, at the earliest 10 opportunity, upon initiation of Grand Jury action, consult 11 with and advise the State's Attorney of any county involved 12 in a Statewide Grand Jury terrorist or narcotics 13 investigation. Further, the State's Attorney may attend the 14 Grand Jury proceedings or the trial of any party being 15 investigated or indicted by the Statewide Grand Jury, and may 16 assist in the prosecution, which in his or her judgment, is 17 in the interest of the people of his or her county. Prior to 18 granting transactional immunity to any witness before the 19 Statewide Grand Jury, any State's Attorney with jurisdiction 20 over the offense or offenses being investigated by the 21 Statewide Grand Jury must consent to the granting of immunity 22 to the witness. Prior to granting use immunity to any 23 witness before the Statewide Grand Jury, the Attorney General 24 shall consult with any State's Attorney with jurisdiction 25 over the offense or offenses being investigated by the 26 Statewide Grand Jury. 27 (Source: P.A. 87-466.) 28 Section 25. The Unified Code of Corrections is amended 29 by changing Sections 3-6-3 and 5-4-3 as follows: 30 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 31 Sec. 3-6-3. Rules and Regulations for Early Release. HB2058 Enrolled -74- LRB9201006ARsb 1 (a) (1) The Department of Corrections shall 2 prescribe rules and regulations for the early release on 3 account of good conduct of persons committed to the 4 Department which shall be subject to review by the 5 Prisoner Review Board. 6 (2) The rules and regulations on early release 7 shall provide, with respect to offenses committed on or 8 after June 19, 1998, the following: 9 (i) that a prisoner who is serving a term of 10 imprisonment for first degree murder or for the 11 offense of terrorism shall receive no good conduct 12 credit and shall serve the entire sentence imposed 13 by the court; 14 (ii) that a prisoner serving a sentence for 15 attempt to commit first degree murder, solicitation 16 of murder, solicitation of murder for hire, 17 intentional homicide of an unborn child, predatory 18 criminal sexual assault of a child, aggravated 19 criminal sexual assault, criminal sexual assault, 20 aggravated kidnapping, aggravated battery with a 21 firearm, heinous battery, aggravated battery of a 22 senior citizen, or aggravated battery of a child 23 shall receive no more than 4.5 days of good conduct 24 credit for each month of his or her sentence of 25 imprisonment; and 26 (iii) that a prisoner serving a sentence for 27 home invasion, armed robbery, aggravated vehicular 28 hijacking, aggravated discharge of a firearm, or 29 armed violence with a category I weapon or category 30 II weapon, when the court has made and entered a 31 finding, pursuant to subsection (c-1) of Section 32 5-4-1 of this Code, that the conduct leading to 33 conviction for the enumerated offense resulted in 34 great bodily harm to a victim, shall receive no more HB2058 Enrolled -75- LRB9201006ARsb 1 than 4.5 days of good conduct credit for each month 2 of his or her sentence of imprisonment. 3 (2.1) For all offenses, other than those enumerated 4 in subdivision (a)(2) committed on or after June 19, 5 1998, and other than the offense of reckless homicide as 6 defined in subsection (e) of Section 9-3 of the Criminal 7 Code of 1961 committed on or after January 1, 1999, the 8 rules and regulations shall provide that a prisoner who 9 is serving a term of imprisonment shall receive one day 10 of good conduct credit for each day of his or her 11 sentence of imprisonment or recommitment under Section 12 3-3-9. Each day of good conduct credit shall reduce by 13 one day the prisoner's period of imprisonment or 14 recommitment under Section 3-3-9. 15 (2.2) A prisoner serving a term of natural life 16 imprisonment or a prisoner who has been sentenced to 17 death shall receive no good conduct credit. 18 (2.3) The rules and regulations on early release 19 shall provide that a prisoner who is serving a sentence 20 for reckless homicide as defined in subsection (e) of 21 Section 9-3 of the Criminal Code of 1961 committed on or 22 after January 1, 1999 shall receive no more than 4.5 days 23 of good conduct credit for each month of his or her 24 sentence of imprisonment. 25 (2.4) The rules and regulations on early release 26 shall provide with respect to the offenses of aggravated 27 battery with a machine gun or a firearm equipped with any 28 device or attachment designed or used for silencing the 29 report of a firearm or aggravated discharge of a machine 30 gun or a firearm equipped with any device or attachment 31 designed or used for silencing the report of a firearm, 32 committed on or after the effective date of this 33 amendatory Act of 1999, that a prisoner serving a 34 sentence for any of these offenses shall receive no more HB2058 Enrolled -76- LRB9201006ARsb 1 than 4.5 days of good conduct credit for each month of 2 his or her sentence of imprisonment. 3 (2.5) The rules and regulations on early release 4 shall provide that a prisoner who is serving a sentence 5 for aggravated arson committed on or after the effective 6 date of this amendatory Act of the 92nd General Assembly 7 shall receive no more than 4.5 days of good conduct 8 credit for each month of his or her sentence of 9 imprisonment. 10 (3) The rules and regulations shall also provide 11 that the Director may award up to 180 days additional 12 good conduct credit for meritorious service in specific 13 instances as the Director deems proper; except that no 14 more than 90 days of good conduct credit for meritorious 15 service shall be awarded to any prisoner who is serving a 16 sentence for conviction of first degree murder, reckless 17 homicide while under the influence of alcohol or any 18 other drug, aggravated kidnapping, kidnapping, predatory 19 criminal sexual assault of a child, aggravated criminal 20 sexual assault, criminal sexual assault, deviate sexual 21 assault, aggravated criminal sexual abuse, aggravated 22 indecent liberties with a child, indecent liberties with 23 a child, child pornography, heinous battery, aggravated 24 battery of a spouse, aggravated battery of a spouse with 25 a firearm, stalking, aggravated stalking, aggravated 26 battery of a child, endangering the life or health of a 27 child, cruelty to a child, or narcotic racketeering. 28 Notwithstanding the foregoing, good conduct credit for 29 meritorious service shall not be awarded on a sentence of 30 imprisonment imposed for conviction of: (i) one of the 31 offenses enumerated in subdivision (a)(2) when the 32 offense is committed on or after June 19, 1998, (ii) 33 reckless homicide as defined in subsection (e) of Section 34 9-3 of the Criminal Code of 1961 when the offense is HB2058 Enrolled -77- LRB9201006ARsb 1 committed on or after January 1, 1999, (iii) one of the 2 offenses enumerated in subdivision (a)(2.4) when the 3 offense is committed on or after the effective date of 4 this amendatory Act of 1999, or (iv) aggravated arson 5 when the offense is committed on or after the effective 6 date of this amendatory Act of the 92nd General Assembly. 7 (4) The rules and regulations shall also provide 8 that the good conduct credit accumulated and retained 9 under paragraph (2.1) of subsection (a) of this Section 10 by any inmate during specific periods of time in which 11 such inmate is engaged full-time in substance abuse 12 programs, correctional industry assignments, or 13 educational programs provided by the Department under 14 this paragraph (4) and satisfactorily completes the 15 assigned program as determined by the standards of the 16 Department, shall be multiplied by a factor of 1.25 for 17 program participation before August 11, 1993 and 1.50 for 18 program participation on or after that date. However, no 19 inmate shall be eligible for the additional good conduct 20 credit under this paragraph (4) while assigned to a boot 21 camp, mental health unit, or electronic detention, or if 22 convicted of an offense enumerated in paragraph (a)(2) of 23 this Section that is committed on or after June 19, 1998, 24 or if convicted of reckless homicide as defined in 25 subsection (e) of Section 9-3 of the Criminal Code of 26 1961 if the offense is committed on or after January 1, 27 1999, or if convicted of an offense enumerated in 28 paragraph (a)(2.4) of this Section that is committed on 29 or after the effective date of this amendatory Act of 30 1999, or first degree murder, a Class X felony, criminal 31 sexual assault, felony criminal sexual abuse, aggravated 32 criminal sexual abuse, aggravated battery with a firearm, 33 or any predecessor or successor offenses with the same or 34 substantially the same elements, or any inchoate offenses HB2058 Enrolled -78- LRB9201006ARsb 1 relating to the foregoing offenses. No inmate shall be 2 eligible for the additional good conduct credit under 3 this paragraph (4) who (i) has previously received 4 increased good conduct credit under this paragraph (4) 5 and has subsequently been convicted of a felony, or (ii) 6 has previously served more than one prior sentence of 7 imprisonment for a felony in an adult correctional 8 facility. 9 Educational, vocational, substance abuse and 10 correctional industry programs under which good conduct 11 credit may be increased under this paragraph (4) shall be 12 evaluated by the Department on the basis of documented 13 standards. The Department shall report the results of 14 these evaluations to the Governor and the General 15 Assembly by September 30th of each year. The reports 16 shall include data relating to the recidivism rate among 17 program participants. 18 Availability of these programs shall be subject to 19 the limits of fiscal resources appropriated by the 20 General Assembly for these purposes. Eligible inmates 21 who are denied immediate admission shall be placed on a 22 waiting list under criteria established by the 23 Department. The inability of any inmate to become engaged 24 in any such programs by reason of insufficient program 25 resources or for any other reason established under the 26 rules and regulations of the Department shall not be 27 deemed a cause of action under which the Department or 28 any employee or agent of the Department shall be liable 29 for damages to the inmate. 30 (5) Whenever the Department is to release any 31 inmate earlier than it otherwise would because of a grant 32 of good conduct credit for meritorious service given at 33 any time during the term, the Department shall give 34 reasonable advance notice of the impending release to the HB2058 Enrolled -79- LRB9201006ARsb 1 State's Attorney of the county where the prosecution of 2 the inmate took place. 3 (b) Whenever a person is or has been committed under 4 several convictions, with separate sentences, the sentences 5 shall be construed under Section 5-8-4 in granting and 6 forfeiting of good time. 7 (c) The Department shall prescribe rules and regulations 8 for revoking good conduct credit, or suspending or reducing 9 the rate of accumulation of good conduct credit for specific 10 rule violations, during imprisonment. These rules and 11 regulations shall provide that no inmate may be penalized 12 more than one year of good conduct credit for any one 13 infraction. 14 When the Department seeks to revoke, suspend or reduce 15 the rate of accumulation of any good conduct credits for an 16 alleged infraction of its rules, it shall bring charges 17 therefor against the prisoner sought to be so deprived of 18 good conduct credits before the Prisoner Review Board as 19 provided in subparagraph (a)(4) of Section 3-3-2 of this 20 Code, if the amount of credit at issue exceeds 30 days or 21 when during any 12 month period, the cumulative amount of 22 credit revoked exceeds 30 days except where the infraction is 23 committed or discovered within 60 days of scheduled release. 24 In those cases, the Department of Corrections may revoke up 25 to 30 days of good conduct credit. The Board may subsequently 26 approve the revocation of additional good conduct credit, if 27 the Department seeks to revoke good conduct credit in excess 28 of 30 days. However, the Board shall not be empowered to 29 review the Department's decision with respect to the loss of 30 30 days of good conduct credit within any calendar year for 31 any prisoner or to increase any penalty beyond the length 32 requested by the Department. 33 The Director of the Department of Corrections, in 34 appropriate cases, may restore up to 30 days good conduct HB2058 Enrolled -80- LRB9201006ARsb 1 credits which have been revoked, suspended or reduced. Any 2 restoration of good conduct credits in excess of 30 days 3 shall be subject to review by the Prisoner Review Board. 4 However, the Board may not restore good conduct credit in 5 excess of the amount requested by the Director. 6 Nothing contained in this Section shall prohibit the 7 Prisoner Review Board from ordering, pursuant to Section 8 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 9 the sentence imposed by the court that was not served due to 10 the accumulation of good conduct credit. 11 (d) If a lawsuit is filed by a prisoner in an Illinois 12 or federal court against the State, the Department of 13 Corrections, or the Prisoner Review Board, or against any of 14 their officers or employees, and the court makes a specific 15 finding that a pleading, motion, or other paper filed by the 16 prisoner is frivolous, the Department of Corrections shall 17 conduct a hearing to revoke up to 180 days of good conduct 18 credit by bringing charges against the prisoner sought to be 19 deprived of the good conduct credits before the Prisoner 20 Review Board as provided in subparagraph (a)(8) of Section 21 3-3-2 of this Code. If the prisoner has not accumulated 180 22 days of good conduct credit at the time of the finding, then 23 the Prisoner Review Board may revoke all good conduct credit 24 accumulated by the prisoner. 25 For purposes of this subsection (d): 26 (1) "Frivolous" means that a pleading, motion, or 27 other filing which purports to be a legal document filed 28 by a prisoner in his or her lawsuit meets any or all of 29 the following criteria: 30 (A) it lacks an arguable basis either in law 31 or in fact; 32 (B) it is being presented for any improper 33 purpose, such as to harass or to cause unnecessary 34 delay or needless increase in the cost of HB2058 Enrolled -81- LRB9201006ARsb 1 litigation; 2 (C) the claims, defenses, and other legal 3 contentions therein are not warranted by existing 4 law or by a nonfrivolous argument for the extension, 5 modification, or reversal of existing law or the 6 establishment of new law; 7 (D) the allegations and other factual 8 contentions do not have evidentiary support or, if 9 specifically so identified, are not likely to have 10 evidentiary support after a reasonable opportunity 11 for further investigation or discovery; or 12 (E) the denials of factual contentions are not 13 warranted on the evidence, or if specifically so 14 identified, are not reasonably based on a lack of 15 information or belief. 16 (2) "Lawsuit" means a petition for post-conviction 17 relief under Article 122 of the Code of Criminal 18 Procedure of 1963, a motion pursuant to Section 116-3 of 19 the Code of Criminal Procedure of 1963, a habeas corpus 20 action under Article X of the Code of Civil Procedure or 21 under federal law (28 U.S.C. 2254), a petition for claim 22 under the Court of Claims Act or an action under the 23 federal Civil Rights Act (42 U.S.C. 1983). 24 (e) Nothing in this amendatory Act of 1998 affects the 25 validity of Public Act 89-404. 26 (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 27 92-176, eff. 7-27-01.) 28 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) 29 Sec. 5-4-3. Persons convicted of, or found delinquent 30 for, qualifying offenses or institutionalized as sexually 31 dangerous; blood specimens; genetic marker groups. 32 (a) Any person convicted of, found guilty under the 33 Juvenile Court Act of 1987 for, or who received a disposition HB2058 Enrolled -82- LRB9201006ARsb 1 of court supervision for, a qualifying offense or attempt of 2 a qualifying offense, or institutionalized as a sexually 3 dangerous person under the Sexually Dangerous Persons Act, or 4 committed as a sexually violent person under the Sexually 5 Violent Persons Commitment Act shall, regardless of the 6 sentence or disposition imposed, be required to submit 7 specimens of blood to the Illinois Department of State Police 8 in accordance with the provisions of this Section, provided 9 such person is: 10 (1) convicted of a qualifying offense or attempt of 11 a qualifying offense on or after the effective date of 12 this amendatory Act of 1989, and sentenced to a term of 13 imprisonment, periodic imprisonment, fine, probation, 14 conditional discharge or any other form of sentence, or 15 given a disposition of court supervision for the offense, 16 or 17 (1.5) found guilty or given supervision under the 18 Juvenile Court Act of 1987 for a qualifying offense or 19 attempt of a qualifying offense on or after the effective 20 date of this amendatory Act of 1996, or 21 (2) ordered institutionalized as a sexually 22 dangerous person on or after the effective date of this 23 amendatory Act of 1989, or 24 (3) convicted of a qualifying offense or attempt of 25 a qualifying offense before the effective date of this 26 amendatory Act of 1989 and is presently confined as a 27 result of such conviction in any State correctional 28 facility or county jail or is presently serving a 29 sentence of probation, conditional discharge or periodic 30 imprisonment as a result of such conviction, or 31 (4) presently institutionalized as a sexually 32 dangerous person or presently institutionalized as a 33 person found guilty but mentally ill of a sexual offense 34 or attempt to commit a sexual offense; or HB2058 Enrolled -83- LRB9201006ARsb 1 (4.5) ordered committed as a sexually violent 2 person on or after the effective date of the Sexually 3 Violent Persons Commitment Act; or 4 (5) seeking transfer to or residency in Illinois 5 under Sections 3-3-11 through 3-3-11.5 of the Unified 6 Code of Corrections (Interstate Compact for the 7 Supervision of Parolees and Probationers) or the 8 Interstate Agreements on Sexually Dangerous Persons Act. 9 (a-5) Any person who was otherwise convicted of or 10 received a disposition of court supervision for any other 11 offense under the Criminal Code of 1961 or any offense 12 classified as a felony under Illinois law or who was found 13 guilty or given supervision for such a violation under the 14 Juvenile Court Act of 1987, may, regardless of the sentence 15 imposed, be required by an order of the court to submit 16 specimens of blood to the Illinois Department of State Police 17 in accordance with the provisions of this Section. 18 (b) Any person required by paragraphs (a)(1), (a)(1.5), 19 (a)(2), and (a-5) to provide specimens of blood shall provide 20 specimens of blood within 45 days after sentencing or 21 disposition at a collection site designated by the Illinois 22 Department of State Police. 23 (c) Any person required by paragraphs (a)(3), (a)(4), 24 and (a)(4.5) to provide specimens of blood shall be required 25 to provide such samples prior to final discharge, parole, or 26 release at a collection site designated by the Illinois 27 Department of State Police. 28 (c-5) Any person required by paragraph (a)(5) to provide 29 specimens of blood shall, where feasible, be required to 30 provide the specimens before being accepted for conditioned 31 residency in Illinois under the interstate compact or 32 agreement, but no later than 45 days after arrival in this 33 State. 34 (d) The Illinois Department of State Police shall HB2058 Enrolled -84- LRB9201006ARsb 1 provide all equipment and instructions necessary for the 2 collection of blood samples. The collection of samples shall 3 be performed in a medically approved manner. Only a 4 physician authorized to practice medicine, a registered nurse 5 or other qualified person trained in venipuncture may 6 withdraw blood for the purposes of this Act. The samples 7 shall thereafter be forwarded to the Illinois Department of 8 State Police, Division of Forensic Services, for analysis and 9 categorizing into genetic marker groupings. 10 (e) The genetic marker groupings shall be maintained by 11 the Illinois Department of State Police, Division of Forensic 12 Services. 13 (f) The genetic marker grouping analysis information 14 obtained pursuant to this Act shall be confidential and shall 15 be released only to peace officers of the United States, of 16 other states or territories, of the insular possessions of 17 the United States, of foreign countries duly authorized to 18 receive the same, to all peace officers of the State of 19 Illinois and to all prosecutorial agencies. Notwithstanding 20 any other statutory provision to the contrary, all 21 information obtained under this Section shall be maintained 22 in a single State data base, which may be uploaded into a 23 national database, and may not be subject to expungement. 24 (g) For the purposes of this Section, "qualifying 25 offense" means any of the following: 26 (1) Any violation or inchoate violation of Section 27 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 28 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 29 12-33 of the Criminal Code of 1961, or 30 (1.1) Any violation or inchoate violation of 31 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 32 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 33 for which persons are convicted on or after July 1, 2001, 34 or HB2058 Enrolled -85- LRB9201006ARsb 1 (2) Any former statute of this State which defined 2 a felony sexual offense, or 3 (3) Any violation of paragraph (10) of subsection 4 (b) of Section 10-5 of the Criminal Code of 1961 when the 5 sentencing court, upon a motion by the State's Attorney 6 or Attorney General, makes a finding that the child 7 luring involved an intent to commit sexual penetration or 8 sexual conduct as defined in Section 12-12 of the 9 Criminal Code of 1961, or 10 (4) Any violation or inchoate violation of Section 11 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 12 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 13 1961, or 14 (5) Any violation or inchoate violation of Article 15 29D of the Criminal Code of 1961. 16 (g-5) The Department of State Police is not required to 17 provide equipment to collect or to accept or process blood 18 specimens from individuals convicted of any offense listed in 19 paragraph (1.1) or (4) of subsection (g), until acquisition 20 of the resources necessary to process such blood specimens, 21 or in the case of paragraph (1.1) of subsection (g) until 22 July 1, 2003, whichever is earlier. 23 Upon acquisition of necessary resources, including an 24 appropriation for the purpose of implementing this amendatory 25 Act of the 91st General Assembly, but in the case of 26 paragraph (1.1) of subsection (g) no later than July 1, 2003, 27 the Department of State Police shall notify the Department of 28 Corrections, the Administrative Office of the Illinois 29 Courts, and any other entity deemed appropriate by the 30 Department of State Police, to begin blood specimen 31 collection from individuals convicted of offenses enumerated 32 in paragraphs (1.1) and (4) of subsection (g) that the 33 Department is prepared to provide collection equipment and 34 receive and process blood specimens from individuals HB2058 Enrolled -86- LRB9201006ARsb 1 convicted of offenses enumerated in paragraph (1.1) of 2 subsection (g). 3 Until the Department of State Police provides 4 notification, designated collection agencies are not required 5 to collect blood specimen from individuals convicted of 6 offenses enumerated in paragraphs (1.1) and (4) of subsection 7 (g). 8 (h) The Illinois Department of State Police shall be the 9 State central repository for all genetic marker grouping 10 analysis information obtained pursuant to this Act. The 11 Illinois Department of State Police may promulgate rules for 12 the form and manner of the collection of blood samples and 13 other procedures for the operation of this Act. The 14 provisions of the Administrative Review Law shall apply to 15 all actions taken under the rules so promulgated. 16 (i) A person required to provide a blood specimen shall 17 cooperate with the collection of the specimen and any 18 deliberate act by that person intended to impede, delay or 19 stop the collection of the blood specimen is a Class A 20 misdemeanor. 21 (j) Any person required by subsection (a) to submit 22 specimens of blood to the Illinois Department of State Police 23 for analysis and categorization into genetic marker grouping, 24 in addition to any other disposition, penalty, or fine 25 imposed, shall pay an analysis fee of $500. Upon verified 26 petition of the person, the court may suspend payment of all 27 or part of the fee if it finds that the person does not have 28 the ability to pay the fee. 29 (k) All analysis and categorization fees provided for by 30 subsection (j) shall be regulated as follows: 31 (1) The State Offender DNA Identification System 32 Fund is hereby created as a special fund in the State 33 Treasury. 34 (2) All fees shall be collected by the clerk of the HB2058 Enrolled -87- LRB9201006ARsb 1 court and forwarded to the State Offender DNA 2 Identification System Fund for deposit. The clerk of the 3 circuit court may retain the amount of $10 from each 4 collected analysis fee to offset administrative costs 5 incurred in carrying out the clerk's responsibilities 6 under this Section. 7 (3) Fees deposited into the State Offender DNA 8 Identification System Fund shall be used by Illinois 9 State Police crime laboratories as designated by the 10 Director of State Police. These funds shall be in 11 addition to any allocations made pursuant to existing 12 laws and shall be designated for the exclusive use of 13 State crime laboratories. These uses may include, but 14 are not limited to, the following: 15 (A) Costs incurred in providing analysis and 16 genetic marker categorization as required by 17 subsection (d). 18 (B) Costs incurred in maintaining genetic 19 marker groupings as required by subsection (e). 20 (C) Costs incurred in the purchase and 21 maintenance of equipment for use in performing 22 analyses. 23 (D) Costs incurred in continuing research and 24 development of new techniques for analysis and 25 genetic marker categorization. 26 (E) Costs incurred in continuing education, 27 training, and professional development of forensic 28 scientists regularly employed by these laboratories. 29 (l) The failure of a person to provide a specimen, or of 30 any person or agency to collect a specimen, within the 45 day 31 period shall in no way alter the obligation of the person to 32 submit such specimen, or the authority of the Illinois 33 Department of State Police or persons designated by the 34 Department to collect the specimen, or the authority of the HB2058 Enrolled -88- LRB9201006ARsb 1 Illinois Department of State Police to accept, analyze and 2 maintain the specimen or to maintain or upload results of 3 genetic marker grouping analysis information into a State or 4 national database. 5 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 6 92-40, eff. 6-29-01.) 7 Section 30. The Charitable Trust Act is amended by adding 8 Section 16.5 as follows: 9 (760 ILCS 55/16.5 new) 10 Sec. 16.5. Terrorist acts. 11 (a) Any person or organization subject to registration 12 under this Act, who knowingly acts to further, directly or 13 indirectly, or knowingly uses charitable assets to conduct or 14 further, directly or indirectly, an act or actions as set 15 forth in Article 29D of the Criminal Code of 1961, is thereby 16 engaged in an act or actions contrary to public policy and 17 antithetical to charity, and all of the funds, assets, and 18 records of the person or organization shall be subject to 19 temporary and permanent injunction from use or expenditure 20 and the appointment of a temporary and permanent receiver to 21 take possession of all of the assets and related records. 22 (b) An ex parte action may be commenced by the Attorney 23 General, and, upon a showing of probable cause of a violation 24 of this Section or Article 29D of the Criminal Code of 1961, 25 an immediate seizure of books and records by the Attorney 26 General by and through his or her assistants or investigators 27 or the Department of State Police and freezing of all assets 28 shall be made by order of a court to protect the public, 29 protect the assets, and allow a full review of the records. 30 (c) Upon a finding by a court after a hearing that a 31 person or organization has acted or is in violation of this 32 Section, the person or organization shall be permanently HB2058 Enrolled -89- LRB9201006ARsb 1 enjoined from soliciting funds from the public, holding 2 charitable funds, or acting as a trustee or fiduciary within 3 Illinois. Upon a finding of violation all assets and funds 4 held by the person or organization shall be forfeited to the 5 People of the State of Illinois or otherwise ordered by the 6 court to be accounted for and marshaled and then delivered to 7 charitable causes and uses within the State of Illinois by 8 court order. 9 (d) A determination under this Section may be made by 10 any court separate and apart from any criminal proceedings 11 and the standard of proof shall be that for civil 12 proceedings. 13 (e) Any knowing use of charitable assets to conduct or 14 further, directly or indirectly, an act or actions set forth 15 in Article 29D of the Criminal Code of 1961 shall be a misuse 16 of charitable assets and breach of fiduciary duty relative to 17 all other Sections of this Act. 18 Section 40. The Code of Civil Procedure is amended by 19 changing Section 8-802 as follows: 20 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802) 21 (Text of Section WITHOUT the changes made by P.A. 89-7, 22 which has been held unconstitutional) 23 Sec. 8-802. Physician and patient. No physician or 24 surgeon shall be permitted to disclose any information he or 25 she may have acquired in attending any patient in a 26 professional character, necessary to enable him or her 27 professionally to serve the patient, except only (1) in 28 trials for homicide when the disclosure relates directly to 29 the fact or immediate circumstances of the homicide, (2) in 30 actions, civil or criminal, against the physician for 31 malpractice, (3) with the expressed consent of the patient, 32 or in case of his or her death or disability, of his or her HB2058 Enrolled -90- LRB9201006ARsb 1 personal representative or other person authorized to sue for 2 personal injury or of the beneficiary of an insurance policy 3 on his or her life, health, or physical condition, (4) in all 4 actions brought by or against the patient, his or her 5 personal representative, a beneficiary under a policy of 6 insurance, or the executor or administrator of his or her 7 estate wherein the patient's physical or mental condition is 8 an issue, (5) upon an issue as to the validity of a document 9 as a will of the patient, (6) in any criminal action where 10 the charge is either first degree murder by abortion, 11 attempted abortion or abortion, (7) in actions, civil or 12 criminal, arising from the filing of a report in compliance 13 with the Abused and Neglected Child Reporting Act, (8) to any 14 department, agency, institution or facility which has custody 15 of the patient pursuant to State statute or any court order 16 of commitment, (9) in prosecutions where written results of 17 blood alcohol tests are admissible pursuant to Section 18 11-501.4 of the Illinois Vehicle Code, or(10) in 19 prosecutions where written results of blood alcohol tests are 20 admissible under Section 5-11a of the Boat Registration and 21 Safety Act, or (11) in criminal actions arising from the 22 filing of a report of suspected terrorist offense in 23 compliance with Section 29D-10(p)(7) of the Criminal Code of 24 1961. 25 In the event of a conflict between the application of 26 this Section and the Mental Health and Developmental 27 Disabilities Confidentiality Act to a specific situation, the 28 provisions of the Mental Health and Developmental 29 Disabilities Confidentiality Act shall control. 30 (Source: P.A. 87-803.) 31 (720 ILCS 5/Article 29C rep.) 32 Section 95. The Criminal Code of 1961 is amended by 33 repealing Article 29C. HB2058 Enrolled -91- LRB9201006ARsb 1 Section 96. The provisions of this Act are severable 2 under Section 1.31 of the Statute on Statutes. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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