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Public Act 92-0854
HB2058 Enrolled LRB9201006ARsb
AN ACT in relation to terrorism.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Solicitation for Charity Act is amended by
adding Section 16.5 as follows:
(225 ILCS 460/16.5 new)
Sec. 16.5. Terrorist acts.
(a) Any person or organization subject to registration
under this Act, who knowingly acts to further, directly or
indirectly, or knowingly uses charitable assets to conduct or
further, directly or indirectly, an act or actions as set
forth in Article 29D of the Criminal Code of 1961, is thereby
engaged in an act or actions contrary to public policy and
antithetical to charity, and all of the funds, assets, and
records of the person or organization shall be subject to
temporary and permanent injunction from use or expenditure
and the appointment of a temporary and permanent receiver to
take possession of all of the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a violation
of this Section or Article 29D of the Criminal Code of 1961,
an immediate seizure of books and records by the Attorney
General by and through his or her assistants or investigators
or the Department of State Police and freezing of all assets
shall be made by order of a court to protect the public,
protect the assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a
person or organization has acted or is in violation of this
Section, the person or organization shall be permanently
enjoined from soliciting funds from the public, holding
charitable funds, or acting as a trustee or fiduciary within
Illinois. Upon a finding of violation all assets and funds
held by the person or organization shall be forfeited to the
People of the State of Illinois or otherwise ordered by the
court to be accounted for and marshaled and then delivered to
charitable causes and uses within the State of Illinois by
court order.
(d) A determination under this Section may be made by
any court separate and apart from any criminal proceedings
and the standard of proof shall be that for civil
proceedings.
(e) Any knowing use of charitable assets to conduct or
further, directly or indirectly, an act or actions set forth
in Article 29D of the Criminal Code of 1961 shall be a misuse
of charitable assets and breach of fiduciary duty relative to
all other Sections of this Act.
Section 10. The Firearm Owners Identification Card Act
is amended by changing Sections 4 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means,
if and when made available by the Department of State
Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or
if he or she is under 21 years of age that he or she
has the written consent of his or her parent or
legal guardian to possess and acquire firearms and
firearm ammunition and that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other
jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a
mental institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is
unlawfully present in the United States under the
laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from
possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated
assault, violation of an order of protection, or a
substantially similar offense in another
jurisdiction, in which a firearm was used or
possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense
in another jurisdiction committed on or after the
effective date of this amendatory Act of 1997; and
(x) He or she has not been convicted within
the past 5 years of domestic battery or a
substantially similar offense in another
jurisdiction committed before the effective date of
this amendatory Act of 1997; and
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for
lawful hunting or sporting purposes;
(2) an official representative of a
foreign government who is:
(A) accredited to the United States
Government or the Government's mission to
an international organization having its
headquarters in the United States; or
(B) en route to or from another
country to which that alien is accredited;
(3) an official of a foreign government
or distinguished foreign visitor who has been
so designated by the Department of State;
(4) a foreign law enforcement officer of
a friendly foreign government entering the
United States on official business; or
(5) one who has received a waiver from
the Attorney General of the United States
pursuant to 18 U.S.C. 922(y)(3); and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in
a mental health institution and disqualified because of
that status from receiving a Firearm Owner's
Identification Card. No mental health care or treatment
records may be requested. The information received shall
be destroyed within one year of receipt.
(a-5) Each applicant for a Firearm Owner's
Identification Card who is over the age of 18 shall furnish
to the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a) (2) (i), the parent or legal guardian giving
the consent shall be liable for any damages resulting from
the applicant's use of firearms or firearm ammunition.
(Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00;
92-442, eff. 8-17-01.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of
issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such
parent or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental
institution within the past 5 years;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
For the purposes of this Section, "mental condition"
means a state of mind manifested by violent, suicidal,
threatening or assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined in
Section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26))), except that this subsection (i-5) does
not apply to any alien who has been lawfully admitted to the
United States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated
by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation of
an order of protection, or a substantially similar offense in
another jurisdiction, in which a firearm was used or
possessed;
(l) A person who has been convicted of domestic battery
or a substantially similar offense in another jurisdiction
committed on or after January 1, 1998;
(m) A person who has been convicted within the past 5
years of domestic battery or a substantially similar offense
in another jurisdiction committed before January 1, 1998; or
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law.
(Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98;
90-655, eff. 7-30-98; 91-694, eff. 4-13-00.)
Section 15. The Criminal Code of 1961 is amended by
changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D
as follows:
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he is attempting or committing a forcible
felony other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was a peace officer or fireman;
or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered
individual was an inmate at such institution or facility
and was killed on the grounds thereof, or the murdered
individual was otherwise present in such institution or
facility with the knowledge and approval of the chief
administrative officer thereof; or
(3) the defendant has been convicted of murdering
two or more individuals under subsection (a) of this
Section or under any law of the United States or of any
state which is substantially similar to subsection (a) of
this Section regardless of whether the deaths occurred
as the result of the same act or of several related or
unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the defendant knew would cause death
or create a strong probability of death or great bodily
harm to the murdered individual or another; or
(4) the murdered individual was killed as a result
of the hijacking of an airplane, train, ship, bus or
other public conveyance; or
(5) the defendant committed the murder pursuant to
a contract, agreement or understanding by which he was to
receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or
(6) the murdered individual was killed in the
course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant,
or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with physical
injuries caused by one or more persons for
whose conduct the defendant is legally
accountable under Section 5-2 of this Code, and
the physical injuries inflicted by either the
defendant or the other person or persons for
whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the
death of the murdered individual or which resulted
in physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph
(a) of paragraph (6) of subsection (b) of this
Section, the defendant acted with the intent to kill
the murdered individual or with the knowledge that
his acts created a strong probability of death or
great bodily harm to the murdered individual or
another; and
(c) the other felony was one of the following:
armed robbery, armed violence, robbery, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnapping,
aggravated vehicular hijacking, forcible detention,
arson, aggravated arson, aggravated stalking,
burglary, residential burglary, home invasion,
calculated criminal drug conspiracy as defined in
Section 405 of the Illinois Controlled Substances
Act, streetgang criminal drug conspiracy as defined
in Section 405.2 of the Illinois Controlled
Substances Act, or the attempt to commit any of the
felonies listed in this subsection (c); or
(7) the murdered individual was under 12 years of
age and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent
to prevent the murdered individual from testifying in any
criminal prosecution or giving material assistance to the
State in any investigation or prosecution, either against
the defendant or another; or the defendant committed the
murder because the murdered individual was a witness in
any prosecution or gave material assistance to the State
in any investigation or prosecution, either against the
defendant or another; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an
institution or facility of the Department of Corrections
at the time of the murder, and while committing an
offense punishable as a felony under Illinois law, or
while engaged in a conspiracy or solicitation to commit
such offense, intentionally killed an individual or
counseled, commanded, induced, procured or caused the
intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or
other governmental unit, killed in the course of
performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, and the defendant knew or
should have known that the murdered individual was an
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of
the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from
a motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a disabled person
and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person
incapable of adequately providing for his or her own
health or personal care; or
(18) the murder was committed by reason of any
person's activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer; or
(19) the murdered individual was subject to an
order of protection and the murder was committed by a
person against whom the same order of protection was
issued under the Illinois Domestic Violence Act of 1986;
or
(20) the murdered individual was known by the
defendant to be a teacher or other person employed in any
school and the teacher or other employee is upon the
grounds of a school or grounds adjacent to a school, or
is in any part of a building used for school purposes;
or.
(21) the murder was committed by the defendant in
connection with or as a result of the offense of
terrorism as defined in Section 29D-30 of this Code.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of
prior criminal activity;
(2) the murder was committed while the defendant
was under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in
the defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of
threat or menace of the imminent infliction of death or
great bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges
the jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives
a jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any
information relevant to any additional aggravating factors or
any mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant
shall be given fair opportunity to rebut any information
received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State
and shall not be satisfied unless established beyond a
reasonable doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury
that one or more of the factors set forth in subsection (b)
exist, the jury shall consider aggravating and mitigating
factors as instructed by the court and shall determine
whether the sentence of death shall be imposed. If the jury
determines unanimously that there are no mitigating factors
sufficient to preclude the imposition of the death sentence,
the court shall sentence the defendant to death.
Unless the jury unanimously finds that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court
finds that none of the factors found in subsection (b)
exists, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
If the Court determines that one or more of the factors
set forth in subsection (b) exists, the Court shall consider
any aggravating and mitigating factors as indicated in
subsection (c). If the Court determines that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence, the Court shall sentence the defendant to
death.
Unless the court finds that there are no mitigating
factors sufficient to preclude the imposition of the sentence
of death, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be
in accordance with rules promulgated by the Supreme Court.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held
to be unconstitutional by the Supreme Court of the United
States or of the State of Illinois, any person convicted of
first degree murder shall be sentenced by the court to a term
of imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over
a person previously sentenced to death shall cause the
defendant to be brought before the court, and the court shall
sentence the defendant to a term of imprisonment under
Chapter V of the Unified Code of Corrections.
(Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
1-1-00.)
(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
Sec. 14-3. Exemptions. The following activities shall
be exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of
their employment in the operation, maintenance or repair of
the equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the
hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental to
the main purpose for which such broadcasts are then being
made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to
be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording
and shall not be otherwise disseminated. Failure on the part
of the individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation
of this Section;
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any person
acting at the direction of law enforcement, in the course of
an investigation of a forcible felony, a felony violation of
the Illinois Controlled Substances Act, a felony violation of
the Cannabis Control Act, or any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act. Any
recording or evidence derived as the result of this exemption
shall be inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police
shall issue regulations as are necessary concerning the use
of devices, retention of tape recordings, and reports
regarding their use;
(g-5) With approval of the State's Attorney of the
county in which it is to occur, recording or listening with
the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded in the course
of an investigation of any offense defined in Article 29D of
this Code. In all such cases, an application for an order
approving the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of
such use. In the absence of such an order, or upon its
denial, any continuing use shall immediately terminate. The
Director of State Police shall issue rules as are necessary
concerning the use of devices, retention of tape recordings,
and reports regarding their use.
Any recording or evidence obtained or derived in the
course of an investigation of any offense defined in Article
29D of this Code shall, upon motion of the State's Attorney
or Attorney General prosecuting any violation of Article 29D,
be reviewed in camera with notice to all parties present by
the court presiding over the criminal case, and, if ruled by
the court to be relevant and otherwise admissible, it shall
be admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissable in a court of law
by virtue of the repeal of this subsection (g-5) on January
1, 2005.
(h) Recordings made simultaneously with a video
recording of an oral conversation between a peace officer,
who has identified his or her office, and a person stopped
for an investigation of an offense under the Illinois Vehicle
Code;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or agent
of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another party
to the conversation is committing, is about to commit, or has
committed a criminal offense against the person or a member
of his or her immediate household, and there is reason to
believe that evidence of the criminal offense may be obtained
by the recording; and
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or other
business entity engaged in telephone solicitation, as defined
in this subsection, to record or listen to oral telephone
solicitation conversations or marketing or opinion research
conversations by an employee of the corporation or other
business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion research
or telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing
or opinion research conversation or telephone
solicitation conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired,
or obtained, directly or indirectly, under this exemption
(j), may be, directly or indirectly, furnished to any law
enforcement officer, agency, or official for any purpose or
used in any inquiry or investigation, or used, directly or
indirectly, in any administrative, judicial, or other
proceeding, or divulged to any third party.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording
or listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with notice
that the monitoring or recordings may occur during the course
of their employment. The notice shall include prominent
signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged
by a corporation or other business entity whose principal
business is the design, conduct, and analysis of polls and
surveys measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. (a) A person commits the offense of money
laundering:
(1) when he knowingly engages or attempts to engage
in a financial transaction in criminally derived property
with either the intent to promote the carrying on of the
unlawful activity from which the criminally derived
property was obtained or where he knows or reasonably
should know that the financial transaction is designed in
whole or in part to conceal or disguise the nature, the
location, the source, the ownership or the control of the
criminally derived property; or.
(2) when, with the intent to:
(A) promote the carrying on of a specified
criminal activity as defined in this Article; or
(B) conceal or disguise the nature, location,
source, ownership, or control of property believed
to be the proceeds of a specified criminal activity
as defined by subdivision (b) (6),
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be
the proceeds of specified criminal activity as defined by
subdivision (b) (6) or property used to conduct or
facilitate specified criminal activity as defined by
subdivision (b) (6).
(b) As used in this Section:
(1) "Financial transaction" means a purchase, sale,
loan, pledge, gift, transfer, delivery or other
disposition utilizing criminally derived property, and
with respect to financial institutions, includes a
deposit, withdrawal, transfer between accounts, exchange
of currency, loan, extension of credit, purchase or sale
of any stock, bond, certificate of deposit or other
monetary instrument or any other payment, transfer or
delivery by, through, or to a financial institution. For
purposes of clause (a)(2) of this Section, the term
"financial transaction" also means a transaction which
without regard to whether the funds, monetary
instruments, or real or personal property involved in the
transaction are criminally derived, any transaction which
in any way or degree: (1) involves the movement of funds
by wire or any other means; (2) involves one or more
monetary instruments; or (3) the transfer of title to any
real or personal property. The receipt by an attorney of
bona fide fees for the purpose of legal representation is
not a financial transaction for purposes of this Section.
(2) "Financial institution" means any bank; saving
and loan association; trust company; agency or branch of
a foreign bank in the United States; currency exchange;
credit union, mortgage banking institution; pawnbroker;
loan or finance company; operator of a credit card
system; issuer, redeemer or cashier of travelers checks,
checks or money orders; dealer in precious metals, stones
or jewels; broker or dealer in securities or commodities;
investment banker; or investment company.
(3) "Monetary instrument" means United States coins
and currency; coins and currency of a foreign country;
travelers checks; personal checks, bank checks, and money
orders; investment securities; bearer negotiable
instruments; bearer investment securities; or bearer
securities and certificates of stock in such form that
title thereto passes upon delivery.
(4) "Criminally derived property" means any
property constituting or derived from proceeds obtained,
directly or indirectly, pursuant to a violation of the
Criminal Code of 1961, the Illinois Controlled Substances
Act or the Cannabis Control Act.
(5) "Conduct" or "conducts" includes, in addition
to its ordinary meaning, initiating, concluding, or
participating in initiating or concluding a transaction.
(6) "Specified criminal activity" means any
violation of Section 20.5-5 (720 ILCS 5/20.5-5) and any
violation of Article 29D of this Code.
(c) Sentence.
(1) Laundering of criminally derived property of a
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 is a Class 1 felony;.
(4) Money laundering in violation of subsection
(a)(2) of this Section is a Class X felony.
(Source: P.A. 88-258.)
(720 ILCS 5/Article 29D heading new)
ARTICLE 29D. TERRORISM
(720 ILCS 5/29D-5 new)
Sec. 29D-5. Legislative findings. The devastating
consequences of the barbaric attacks on the World Trade
Center and the Pentagon on September 11, 2001 underscore the
compelling need for legislation that is specifically designed
to combat the evils of terrorism. Terrorism is inconsistent
with civilized society and cannot be tolerated.
A comprehensive State law is urgently needed to
complement federal laws in the fight against terrorism and to
better protect all citizens against terrorist acts.
Accordingly, the legislature finds that our laws must be
strengthened to ensure that terrorists, as well as those who
solicit or provide financial and other support to terrorists,
are prosecuted and punished in State courts with appropriate
severity. The legislature further finds that due to the grave
nature and global reach of terrorism that a comprehensive law
encompassing State criminal statutes and strong civil
remedies is needed.
An investigation may not be initiated or continued for
activities protected by the First Amendment to the United
States Constitution, including expressions of support or the
provision of financial support for the nonviolent political,
religious, philosophical, or ideological goals or beliefs of
any person or group.
(720 ILCS 5/29D-10 new)
Sec. 29D-10. Definitions. As used in this Article, where
not otherwise distinctly expressed or manifestly incompatible
with the intent of this Article:
(a) "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data
among them through communication facilities.
(b) "Computer" means a device that accepts, processes,
stores, retrieves, or outputs data, and includes, but is not
limited to, auxiliary storage and telecommunications devices.
(c) "Computer program" means a series of coded
instruction or statements in a form acceptable to a computer
which causes the computer to process data and supply the
results of data processing.
(d) "Data" means representations of information,
knowledge, facts, concepts or instructions, including program
documentation, that are prepared in a formalized manner and
are stored or processed in or transmitted by a computer. Data
may be in any form, including but not limited to magnetic or
optical storage media, punch cards, or data stored internally
in the memory of a computer.
(e) "Biological products used in or in connection with
agricultural production" includes, but is not limited to,
seeds, plants, and DNA of plants or animals altered for use
in crop or livestock breeding or production or which are
sold, intended, designed, or produced for use in crop
production or livestock breeding or production.
(f) "Agricultural products" means crops and livestock.
(g) "Agricultural production" means the breeding and
growing of livestock and crops.
(h) "Livestock" means animals bred or raised for human
consumption.
(i) "Crops" means plants raised for: (1) human
consumption, (2) fruits that are intended for human
consumption, (3) consumption by livestock, and (4) fruits
that are intended for consumption by livestock.
(j) "Communications systems" means any works, property,
or material of any radio, telegraph, telephone, microwave, or
cable line, station, or system.
(k) "Substantial damage" means monetary damage greater
than $100,000.
(l) "Terrorist act" or "act of terrorism" means: (1) any
act that is intended to cause or create a risk and does cause
or create a risk of death or great bodily harm to one or more
persons; (2) any act that disables or destroys the usefulness
or operation of any communications system; (3) any act or any
series of 2 or more acts committed in furtherance of a single
intention, scheme, or design that disables or destroys the
usefulness or operation of a computer network, computers,
computer programs, or data used by any industry, by any class
of business, or by 5 or more businesses or by the federal
government, State government, any unit of local government, a
public utility, a manufacturer of pharmaceuticals, a national
defense contractor, or a manufacturer of chemical or
biological products used in or in connection with
agricultural production; (4) any act that disables or causes
substantial damage to or destruction of any structure or
facility used in or used in connection with ground, air, or
water transportation; the production or distribution of
electricity, gas, oil, or other fuel; the treatment of sewage
or the treatment or distribution of water; or controlling the
flow of any body of water; (5) any act that causes
substantial damage to or destruction of livestock or to crops
or a series of 2 or more acts committed in furtherance of a
single intention, scheme, or design which, in the aggregate,
causes substantial damage to or destruction of livestock or
crops; (6) any act that causes substantial damage to or
destruction of any hospital or any building or facility used
by the federal government, State government, any unit of
local government or by a national defense contractor or by a
public utility, a manufacturer of pharmaceuticals, a
manufacturer of chemical or biological products used in or in
connection with agricultural production or the storage or
processing of agricultural products or the preparation of
agricultural products for food or food products intended for
resale or for feed for livestock; or (7) any act that causes
substantial damage to any building containing 5 or more
businesses of any type or to any building in which 10 or more
people reside.
(m) "Terrorist" and "terrorist organization" means any
person who engages or is about to engage in a terrorist act
with the intent to intimidate or coerce a significant portion
of a civilian population.
(n) "Material support or resources" means currency or
other financial securities, financial services, lodging,
training, safe houses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, any other
kind of physical assets or intangible property, and expert
services or expert assistance.
(o) "Person" has the meaning given in Section 2-15 of
this Code and, in addition to that meaning, includes, without
limitation, any charitable organization, whether incorporated
or unincorporated, any professional fund raiser, professional
solicitor, limited liability company, association, joint
stock company, association, trust, trustee, or any group of
people formally or informally affiliated or associated for a
common purpose, and any officer, director, partner, member,
or agent of any person.
(p) "Render criminal assistance" means to do any of the
following with the intent to prevent, hinder, or delay the
discovery or apprehension of, or the lodging of a criminal
charge against, a person who he or she knows or believes has
committed an offense under this Article or is being sought by
law enforcement officials for the commission of an offense
under this Article, or with the intent to assist a person in
profiting or benefiting from the commission of an offense
under this Article:
(1) harbor or conceal the person;
(2) warn the person of impending discovery or
apprehension;
(3) provide the person with money, transportation,
a weapon, a disguise, false identification documents, or
any other means of avoiding discovery or apprehension;
(4) prevent or obstruct, by means of force,
intimidation, or deception, anyone from performing an act
that might aid in the discovery or apprehension of the
person or in the lodging of a criminal charge against the
person;
(5) suppress, by any act of concealment,
alteration, or destruction, any physical evidence that
might aid in the discovery or apprehension of the person
or in the lodging of a criminal charge against the
person;
(6) aid the person to protect or expeditiously
profit from an advantage derived from the crime; or
(7) provide expert services or expert assistance to
the person. Providing expert services or expert
assistance shall not be construed to apply to: (1) a
licensed attorney who discusses with a client the legal
consequences of a proposed course of conduct or advises a
client of legal or constitutional rights and (2) a
licensed medical doctor who provides emergency medical
treatment to a person whom he or she believes has
committed an offense under this Article if, as soon as
reasonably practicable either before or after providing
such treatment, he or she notifies a law enforcement
agency.
(720 ILCS 5/29D-15 new)
Sec. 29D-15. Soliciting material support for terrorism;
providing material support for a terrorist act.
(a) A person is guilty of soliciting material support
for terrorism if he or she knowingly raises, solicits, or
collects material support or resources knowing that the
material support or resources will be used, in whole or in
part, to plan, prepare, carry out, or avoid apprehension for
committing terrorism as defined in Section 29D-30 or causing
a catastrophe as defined in Section 20.5-5 (720 ILCS
5/20.5-5) of this Code, or who knows and intends that the
material support or resources so raised, solicited, or
collected will be used in the commission of a terrorist act
as defined in Section 29D-10(1) of this Code by an
organization designated under 8 U.S.C. 1189, as amended. It
is not an element of the offense that the defendant actually
knows that an organization has been designated under 8 U.S.C.
1189, as amended.
(b) A person is guilty of providing material support for
terrorism if he or she knowingly provides material support or
resources to a person knowing that the person will use that
support or those resources in whole or in part to plan,
prepare, carry out, facilitate, or to avoid apprehension for
committing terrorism as defined in Section 29D-30 or to cause
a catastrophe as defined in Section 20.5-5 (720 ILCS
5/20.5-5) of this Code.
(c) Sentence. Soliciting material support for terrorism
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 9 years and no more than 40
years. Providing material support for a terrorist act is a
Class X felony for which the sentence shall be a term of
imprisonment of no less than 9 years and no more than 40
years.
(720 ILCS 5/29D-20 new)
Sec. 29D-20. Making a terrorist threat.
(a) A person is guilty of making a terrorist threat
when, with the intent to intimidate or coerce a significant
portion of a civilian population, he or she in any manner
knowingly threatens to commit or threatens to cause the
commission of a terrorist act as defined in Section 29D-10(1)
and thereby causes a reasonable expectation or fear of the
imminent commission of a terrorist act as defined in Section
29D-10(1) or of another terrorist act as defined in Section
29D-10(1).
(b) It is not a defense to a prosecution under this
Section that at the time the defendant made the terrorist
threat, unknown to the defendant, it was impossible to carry
out the threat, nor is it a defense that the threat was not
made to a person who was a subject or intended victim of the
threatened act.
(c) Sentence. Making a terrorist threat is a Class X
felony.
(720 ILCS 5/29D-25 new)
Sec. 29D-25. Falsely making a terrorist threat.
(a) A person is guilty of falsely making a terrorist
threat when in any manner he or she knowingly makes a threat
to commit or cause to be committed a terrorist act as defined
in Section 29D-10(1) or otherwise knowingly creates the
impression or belief that a terrorist act is about to be or
has been committed, or in any manner knowingly makes a threat
to commit or cause to be committed a catastrophe as defined
in Section 20.5-5 (720 ILCS 5/20.5-5) of this Code which he
or she knows is false.
(b) Sentence. Falsely making a terrorist threat is a
Class 1 felony.
(720 ILCS 5/29D-30 new)
Sec. 29D-30. Terrorism.
(a) A person is guilty of terrorism when, with the
intent to intimidate or coerce a significant portion of a
civilian population:
(1) he or she knowingly commits a terrorist act as
defined in Section 29D-10(1) of this Code within this
State; or
(2) he or she, while outside this State, knowingly
commits a terrorist act as defined in Section 29D-10(1)
of this Code that takes effect within this State or
produces substantial detrimental effects within this
State.
(b) Sentence. Terrorism is a Class X felony. If no
deaths are caused by the terrorist act, the sentence shall be
a term of 20 years to natural life imprisonment; however, if
the terrorist act caused the death of one or more persons, a
mandatory term of natural life imprisonment shall be the
sentence in the event the death penalty is not imposed.
(720 ILCS 5/29D-35 new)
Sec. 29D-35. Hindering prosecution of terrorism.
(a) A person is guilty of hindering prosecution of
terrorism when he or she renders criminal assistance to a
person who has committed terrorism as defined in Section
29D-30 or caused a catastrophe, as defined in Section 20.5-5
of this Code when he or she knows that the person to whom he
or she rendered criminal assistance engaged in an act of
terrorism or caused a catastrophe.
(b) Hindering prosecution of terrorism is a Class X
felony, the sentence for which shall be a term of 20 years to
natural life imprisonment if no death was caused by the act
of terrorism committed by the person to whom the defendant
rendered criminal assistance and a mandatory term of natural
life imprisonment if death was caused by the act of terrorism
committed by the person to whom the defendant rendered
criminal assistance.
(720 ILCS 5/29D-40 new)
Sec. 29D-40. Restitution. In addition to any other
penalty that may be imposed, a court shall sentence any
person convicted of any violation of this Article to pay all
expenses incurred by the federal government, State
government, or any unit of local government in responding to
any violation and cleaning up following any violation.
(720 ILCS 5/29D-45 new)
Sec. 29D-45. Limitations. A prosecution for any offense
in this Article may be commenced at any time.
(720 ILCS 5/29D-60 new)
Sec. 29D-60. Injunctive relief. Whenever it appears to
the Attorney General or any State's Attorney that any person
is engaged in, or is about to engage in, any act that
constitutes or would constitute a violation of this Article,
the Attorney General or any State's Attorney may initiate a
civil action in the circuit court to enjoin the violation.
(720 ILCS 5/29D-65 new)
Sec. 29D-65. Asset freeze, seizure, and forfeiture.
(a) Asset freeze, seizure, and forfeiture in connection
with a violation of this Article.
(1) Whenever it appears that there is probable
cause to believe that any person used, is using, is about
to use, or is intending to use property in any way that
constitutes or would constitute a violation of this
Article, the Attorney General or any State's Attorney may
make an ex parte application to the circuit court to
freeze or seize all the assets of that person and, upon a
showing of probable cause in the ex parte hearing, the
circuit court shall issue an order to freeze or seize all
assets of that person. A copy of the freeze or seize
order shall be served upon the person whose assets have
been frozen or seized and that person or any person
claiming an interest in the property may, at any time
within 30 days of service, file a motion to release his
or her assets. Within 10 days that person is entitled to
a hearing. In any proceeding to release assets, the
burden of proof shall be by a preponderance of evidence
and shall be on the State to show that the person used,
was using, is about to use, or is intending to use any
property in any way that constitutes or would constitute
a violation of this Article. If the court finds that any
property was being used, is about to be used, or is
intended to be used in violation of or in any way that
would constitute a violation of this Article, the court
shall order such property frozen or held until further
order of the court. Any property so ordered held or
frozen shall be subject to forfeiture under the following
procedure. Upon the request of the defendant, the court
may release frozen or seized assets sufficient to pay
attorney's fees for representation of the defendant at a
hearing conducted under this Section.
(2) If, within 60 days after any seizure or asset
freeze under subparagraph (1) of this Section, a person
having any property interest in the seized or frozen
property is charged with an offense, the court which
renders judgment upon the charge shall, within 30 days
after the judgment, conduct a forfeiture hearing to
determine whether the property was used, about to be
used, or intended to be used in violation of this Article
or in connection with any violation of this Article, or
was integrally related to any violation or intended
violation of this Article. The hearing shall be commenced
by a written petition by the State, including material
allegations of fact, the name and address of every person
determined by the State to have any property interest in
the seized or frozen property, a representation that
written notice of the date, time, and place of the
hearing has been mailed to every such person by certified
mail at least 10 days before the date, and a request for
forfeiture. Every such person may appear as a party and
present evidence at the hearing. The quantum of proof
required shall be preponderance of the evidence, and the
burden of proof shall be on the State. If the court
determines that the seized or frozen property was used,
about to be used, or intended to be used in violation of
this Article or in connection with any violation of this
Article, or was integrally related to any violation or
intended violation of this Article, an order of
forfeiture and disposition of the seized or frozen money
and property shall be entered. All property forfeited may
be liquidated and the resultant money together with any
money forfeited shall be allocated among the
participating law enforcement agencies in such
proportions as may be determined to be equitable by the
court entering the forfeiture order, any such property so
forfeited shall be received by the State's Attorney or
Attorney General and upon liquidation shall be allocated
among the participating law enforcement agencies in such
proportions as may be determined equitable by the court
entering the forfeiture order.
(3) If a seizure or asset freeze under subparagraph
(1) of this subsection (a) is not followed by a charge
under this Article within 60 days, or if the prosecution
of the charge is permanently terminated or indefinitely
discontinued without any judgment of conviction or a
judgment of acquittal is entered, the State's Attorney or
Attorney General shall immediately commence an in rem
proceeding for the forfeiture of any seized money or
other things of value, or both, in the circuit court and
any person having any property interest in the money or
property may commence separate civil proceedings in the
manner provided by law. Any property so forfeited shall
be allocated among the participating law enforcement
agencies in such proportions as may be determined to be
equitable by the court entering the forfeiture order.
(b) Forfeiture of property acquired in connection with a
violation of this Article.
(1) Any person who commits any offense under this
Article shall forfeit, according to the provisions of
this Section, any moneys, profits, or proceeds, and any
interest or property in which the sentencing court
determines he or she has acquired or maintained, directly
or indirectly, in whole or in part, as a result of, or
used, was about to be used, or was intended to be used in
connection with the offense. The person shall also
forfeit any interest in, security, claim against, or
contractual right of any kind which affords the person a
source of influence over any enterprise which he or she
has established, operated, controlled, conducted, or
participated in conducting, where his or her relationship
to or connection with any such thing or activity directly
or indirectly, in whole or in part, is traceable to any
item or benefit which he or she has obtained or acquired
through an offense under this Article or which he or she
used, about to use, or intended to use in connection with
any offense under this Article. Forfeiture under this
Section may be pursued in addition to or in lieu of
proceeding under subsection (a) of this Section.
(2) Proceedings instituted under this subsection
shall be subject to and conducted in accordance with the
following procedures:
(A) The sentencing court shall, upon petition
by the prosecuting agency, whether it is the
Attorney General or the State's Attorney, at any
time following sentencing, conduct a hearing to
determine whether any property or property interest
is subject to forfeiture under this subsection. At
the forfeiture hearing the People of the State of
Illinois shall have the burden of establishing, by a
preponderance of the evidence, that the property or
property interests are subject to forfeiture.
(B) In any action brought by the People of the
State of Illinois under this Section, the court
shall have jurisdiction to enter such restraining
orders, injunctions, or prohibitions, or to take
such other action in connection with any real,
personal, or mixed property, or other interest,
subject to forfeiture, as it shall consider proper.
(C) In any action brought by the People of the
State of Illinois under this subsection in which any
restraining order, injunction, or prohibition or any
other action in connection with any property or
interest subject to forfeiture under this subsection
is sought, the circuit court presiding over the
trial of the person or persons charged with a
violation under this Article shall first determine
whether there is probable cause to believe that the
person or persons so charged have committed an
offense under this Article and whether the property
or interest is subject to forfeiture under this
subsection. In order to make this determination,
prior to entering any such order, the court shall
conduct a hearing without a jury in which the People
shall establish: (i) probable cause that the person
or persons so charged have committed an offense
under this Article; and (ii) probable cause that any
property or interest may be subject to forfeiture
under this subsection. The hearing may be conducted
simultaneously with a preliminary hearing if the
prosecution is commenced by information, or by
motion of the People at any stage in the
proceedings. The court may enter a finding of
probable cause at a preliminary hearing following
the filing of information charging a violation of
this Article or the return of an indictment by a
grand jury charging an offense under this Article as
sufficient probable cause for purposes of this
subsection. Upon such a finding, the circuit court
shall enter such restraining order, injunction, or
prohibition or shall take such other action in
connection with any such property or other interest
subject to forfeiture under this subsection as is
necessary to ensure that the property is not removed
from the jurisdiction of the court, concealed,
destroyed, or otherwise disposed of by the owner or
holder of that property or interest prior to a
forfeiture hearing under this subsection. The
Attorney General or State's Attorney shall file a
certified copy of the restraining order, injunction,
or other prohibition with the recorder of deeds or
registrar of titles of each county where any such
property of the defendant may be located. No such
injunction, restraining order, or other prohibition
shall affect the rights of any bona fide purchaser,
mortgagee, judgment creditor, or other lien holder
arising prior to the date of such filing. The court
may, at any time, upon verified petition by the
defendant, conduct a hearing to release all or
portions of any such property or interest which the
court previously determined to be subject to
forfeiture or subject to any restraining order,
injunction, prohibition, or other action. The court
may release the property to the defendant for good
cause shown and within the sound discretion of the
court.
(D) Upon a conviction of a person under this
Article, the court shall authorize the Attorney
General or State's Attorney to seize and sell all
property or other interest declared forfeited under
this Article, unless the property is required by law
to be destroyed or is harmful to the public. The
court may order the Attorney General or State's
Attorney to segregate funds from the proceeds of the
sale sufficient: (1) to satisfy any order of
restitution, as the court may deem appropriate; (2)
to satisfy any legal right, title, or interest which
the court deems superior to any right, title, or
interest of the defendant at the time of the
commission of the acts which gave rise to forfeiture
under this subsection; or (3) to satisfy any
bona-fide purchaser for value of the right, title,
or interest in the property who was without
reasonable notice that the property was subject to
forfeiture. Following the entry of an order of
forfeiture, the Attorney General or State's Attorney
shall publish notice of the order and his or her
intent to dispose of the property. Within 30 days
following the publication, any person may petition
the court to adjudicate the validity of his or her
alleged interest in the property. After the
deduction of all requisite expenses of
administration and sale, the Attorney General or
State's Attorney shall distribute the proceeds of
the sale, along with any moneys forfeited or seized,
among participating law enforcement agencies in such
equitable portions as the court shall determine.
(E) No judge shall release any property or
money seized under subdivision (A) or (B) for the
payment of attorney's fees of any person claiming an
interest in such money or property.
(c) Exemptions from forfeiture. A property interest is
exempt from forfeiture under this Section if its owner or
interest holder establishes by a preponderance of evidence
that the owner or interest holder:
(A)(i) in the case of personal property, is not
legally accountable for the conduct giving rise to the
forfeiture, did not acquiesce in it, and did not know and
could not reasonably have known of the conduct or that
the conduct was likely to occur, or
(ii) in the case of real property, is not legally
accountable for the conduct giving rise to the
forfeiture, or did not solicit, conspire, or attempt to
commit the conduct giving rise to the forfeiture; and
(B) had not acquired and did not stand to acquire
substantial proceeds from the conduct giving rise to its
forfeiture other than as an interest holder in an arms
length commercial transaction; and
(C) with respect to conveyances, did not hold the
property jointly or in common with a person whose conduct
gave rise to the forfeiture; and
(D) does not hold the property for the benefit of
or as nominee for any person whose conduct gave rise to
its forfeiture, and, if the owner or interest holder
acquired the interest through any such person, the owner
or interest holder acquired it as a bona fide purchaser
for value without knowingly taking part in the conduct
giving rise to the forfeiture; and
(E) that the owner or interest holder acquired the
interest:
(i) before the commencement of the conduct
giving rise to its forfeiture and the person whose
conduct gave rise to its forfeiture did not have the
authority to convey the interest to a bona fide
purchaser for value at the time of the conduct; or
(ii) after the commencement of the conduct
giving rise to its forfeiture, and the owner or
interest holder acquired the interest as a
mortgagee, secured creditor, lien holder, or bona
fide purchaser for value without knowledge of the
conduct which gave rise to the forfeiture; and
(a) in the case of personal property,
without knowledge of the seizure of the
property for forfeiture; or
(b) in the case of real estate, before
the filing in the office of the Recorder of
Deeds of the county in which the real estate is
located of a notice of seizure for forfeiture
or a lis pendens notice.
(720 ILCS 5/29D-70 new)
Sec. 29D-70. Severability. If any clause, sentence,
Section, provision, or part of this Article or the
application thereof to any person or circumstance shall be
adjudged to be unconstitutional, the remainder of this
Article or its application to persons or circumstances other
than those to which it is held invalid, shall not be affected
thereby.
Section 17. The Boarding Aircraft With Weapon Act is
amended by changing Section 7 as follows:
(720 ILCS 545/7) (from Ch. 38, par. 84-7)
Sec. 7. Sentence. Violation of this Act is a Class 4
felony A misdemeanor.
(Source: P.A. 82-662.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Sections 108-4, 108A-6, 108B-1, 108B-2,
108B-3, 108B-4, 108B-5, 108B-7, 108B-8, 108B-9, 108B-10,
108B-11, 108B-12, and 108B-14 and adding Section 108B-7.5 as
follows:
(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
Sec. 108-4. Issuance of search warrant.
(a) All warrants upon written complaint shall state the
time and date of issuance and be the warrants of the judge
issuing the same and not the warrants of the court in which
he is then sitting and such warrants need not bear the seal
of the court or clerk thereof. The complaint on which the
warrant is issued need not be filed with the clerk of the
court nor with the court if there is no clerk until the
warrant has been executed or has been returned "not
executed".
The search warrant upon written complaint may be issued
electronically or electromagnetically by use of a facsimile
transmission machine and any such warrant shall have the same
validity as a written search warrant.
(b) Warrant upon oral testimony.
(1) General rule. When the offense in connection
with which a search warrant is sought constitutes
terrorism or any related offense as defined in Article
29D of the Criminal Code of 1961, and if the
circumstances make it reasonable to dispense, in whole or
in part, with a written affidavit, a judge may issue a
warrant based upon sworn testimony communicated by
telephone or other appropriate means, including facsimile
transmission.
(2) Application. The person who is requesting the
warrant shall prepare a document to be known as a
duplicate original warrant and shall read such duplicate
original warrant, verbatim, to the judge. The judge shall
enter, verbatim, what is so read to the judge on a
document to be known as the original warrant. The judge
may direct that the warrant be modified.
(3) Issuance. If the judge is satisfied that the
offense in connection with which the search warrant is
sought constitutes terrorism or any related offense as
defined in Article 29D of the Criminal Code of 1961, that
the circumstances are such as to make it reasonable to
dispense with a written affidavit, and that grounds for
the application exist or that there is probable cause to
believe that they exist, the judge shall order the
issuance of a warrant by directing the person requesting
the warrant to sign the judge's name on the duplicate
original warrant. The judge shall immediately sign the
original warrant and enter on the face of the original
warrant the exact time when the warrant was ordered to be
issued. The finding of probable cause for a warrant upon
oral testimony may be based on the same kind of evidence
as is sufficient for a warrant upon affidavit.
(4) Recording and certification of testimony. When
a caller informs the judge that the purpose of the call
is to request a warrant, the judge shall immediately
place under oath each person whose testimony forms a
basis of the application and each person applying for
that warrant. If a voice recording device is available,
the judge shall record by means of the device all of the
call after the caller informs the judge that the purpose
of the call is to request a warrant, otherwise a
stenographic or longhand verbatim record shall be made.
If a voice recording device is used or a stenographic
record made, the judge shall have the record transcribed,
shall certify the accuracy of the transcription, and
shall file a copy of the original record and the
transcription with the court. If a longhand verbatim
record is made, the judge shall file a signed copy with
the court.
(5) Contents. The contents of a warrant upon oral
testimony shall be the same as the contents of a warrant
upon affidavit.
(6) Additional rule for execution. The person who
executes the warrant shall enter the exact time of
execution on the face of the duplicate original warrant.
(7) Motion to suppress based on failure to obtain a
written affidavit. Evidence obtained pursuant to a
warrant issued under this subsection (b) is not subject
to a motion to suppress on the ground that the
circumstances were not such as to make it reasonable to
dispense with a written affidavit, absent a finding of
bad faith. All other grounds to move to suppress are
preserved.
(8) This subsection (b) is inoperative on and after
January 1, 2005.
(9) No evidence obtained pursuant to this subsection
(b) shall be inadmissable in a court of law by virtue of
subdivision (8).
(Source: P.A. 87-523.)
(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
Sec. 108A-6. Emergency Exception to Procedures. (a)
Notwithstanding any other provisions of this Article, any
investigative or law enforcement officer, upon approval of a
State's Attorney, or without it if a reasonable effort has
been made to contact the appropriate State's Attorney, may
use an eavesdropping device in an emergency situation as
defined in this Section. Such use must be in accordance with
the provisions of this Section and may be allowed only where
the officer reasonably believes that an order permitting the
use of the device would issue were there a prior hearing.
An emergency situation exists when, without previous
notice to the law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard or
recorded will occur within a short period of time, the use of
the device is necessary for the protection of the law
enforcement officer or it will occur in a situation involving
a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the
holding of a hostage by force or the threat of the imminent
use of force; or (2) the occupation by force or the threat of
the imminent use of force of any premises, place, vehicle,
vessel or aircraft; or (3) any violation of Article 29D.
(b) In all such cases, an application for an order
approving the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of
such use. In the absence of such an order, or upon its
denial, any continuing use shall immediately terminate.
In order to approve such emergency use, the judge must
make a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency situation as
defined in this Section.
(c) In the event that an application for approval under
this Section is denied the contents of the conversations
overheard or recorded shall be treated as having been
obtained in violation of this Article.
(Source: P.A. 86-763.)
(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this
Article:
(a) "Aggrieved person" means a person who was a party to
any intercepted private wire or oral communication or any
person against whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge
authorized to receive application for, and to enter orders
authorizing, interceptions of private oral communications,
the Chief Judge of the Circuit Court wherein the application
for order of interception is filed, or a Circuit Judge
designated by the Chief Judge to enter these orders. In
circuits other than the Cook County Circuit, "Chief Judge"
also means, when referring to a judge authorized to receive
application for, and to enter orders authorizing,
interceptions of private oral communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases
who is assigned by the Chief Judge to enter these orders.
After assignment by the Chief Judge, an Associate Judge shall
have plenary authority to issue orders without additional
authorization for each specific application made to him by
the State's Attorney until the time the Associate Judge's
power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person
engaged as a common carrier for hire in the transmission of
communications by wire or radio, not including radio
broadcasting.
(d) "Contents" includes information obtained from a
private oral communication concerning the existence,
substance, purport or meaning of the communication, or the
identity of a party of the communication.
(e) "Court of competent jurisdiction" means any circuit
court.
(f) "Department" means Illinois Department of State
Police.
(g) "Director" means Director of the Illinois Department
of State Police.
(g-1) "Electronic communication" means any transfer of
signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or part by a
wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and
receiving parties intend the electronic communication to be
private and the interception, recording, or transcription of
the electronic communication is accomplished by a device in a
surreptitious manner contrary to the provisions of this
Article. "Electronic communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or
"eavesdropping device" means any device or apparatus, or
computer program including an induction coil, that can be
used to intercept private communication human speech other
than:
(1) Any telephone, telegraph or telecommunication
instrument, equipment or facility, or any component of
it, furnished to the subscriber or user by a
communication common carrier in the ordinary course of
its business, or purchased by any person and being used
by the subscriber, user or person in the ordinary course
of his business, or being used by a communications common
carrier in the ordinary course of its business, or by an
investigative or law enforcement officer in the ordinary
course of his duties; or
(2) A hearing aid or similar device being used to
correct subnormal hearing to not better than normal.
(i) "Electronic criminal surveillance officer" means any
law enforcement officer of the United States or of the State
or political subdivision of it, or of another State, or of a
political subdivision of it, who is certified by the Illinois
Department of State Police to intercept private oral
communications.
(j) "In-progress trace" means to determine the origin of
a wire communication to a telephone or telegraph instrument,
equipment or facility during the course of the communication.
(k) "Intercept" means the aural or other acquisition of
the contents of any private oral communication through the
use of any electronic criminal surveillance device.
(l) "Journalist" means a person engaged in, connected
with, or employed by news media, including newspapers,
magazines, press associations, news agencies, wire services,
radio, television or other similar media, for the purpose of
gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement
agency of the United States, or the State or a political
subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one party to another, in person, by wire
communication or by any other means.
(o) "Private oral communication" means a wire, or oral,
or electronic communication uttered or transmitted by a
person exhibiting an expectation that the communication is
not subject to interception, under circumstances reasonably
justifying the expectation. Circumstances that reasonably
justify the expectation that a communication is not subject
to interception include the use of a cordless telephone or
cellular communication device.
(p) "Wire communication" means any human speech used to
communicate by one party to another in whole or in part
through the use of facilities for the transmission of
communications by wire, cable or other like connection
between the point of origin and the point of reception
furnished or operated by a communications common carrier.
(q) "Privileged communications" means a private oral
communication between:
(1) a licensed and practicing physician and a
patient within the scope of the profession of the
physician;
(2) a licensed and practicing psychologist to a
patient within the scope of the profession of the
psychologist;
(3) a licensed and practicing attorney-at-law and a
client within the scope of the profession of the lawyer;
(4) a practicing clergyman and a confidant within
the scope of the profession of the clergyman;
(5) a practicing journalist within the scope of his
profession;
(6) spouses within the scope of their marital
relationship; or
(7) a licensed and practicing social worker to a
client within the scope of the profession of the social
worker.
(Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)
(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
Sec. 108B-2. Request for application for interception.
(a) A State's Attorney may apply for an order authorizing
interception of private oral communications in accordance
with the provisions of this Article.
(b) The head of a law enforcement agency, including, for
purposes of this subsection, the acting head of such law
enforcement agency if the head of such agency is absent or
unable to serve, may request that a State's Attorney apply
for an order authorizing interception of private oral
communications in accordance with the provisions of this
Article.
Upon request of a law enforcement agency, the Department
may provide technical assistance to such an agency which is
authorized to conduct an interception.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
Sec. 108B-3. Authorization for the interception of
private oral communication.
(a) The State's Attorney, or a person designated in
writing or by law to act for him and to perform his duties
during his absence or disability, may authorize, in writing,
an ex parte application to the chief judge of a court of
competent jurisdiction for an order authorizing the
interception of a private oral communication when no party
has consented to the interception and (i) the interception
may provide evidence of, or may assist in the apprehension of
a person who has committed, is committing or is about to
commit, a violation of Section 8-1.1 (solicitation of
murder), 8-1.2 (solicitation of murder for hire), 9-1 (first
degree murder), or 29B-1 (money laundering) of the Criminal
Code of 1961, Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
the Illinois Controlled Substances Act, a violation of
Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4,
or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of
1961 or conspiracy to commit money laundering or conspiracy
to commit first degree murder; (ii) in response to a clear
and present danger of imminent death or great bodily harm to
persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force;
or (2) the occupation by force or the threat of the imminent
use of force of any premises, place, vehicle, vessel or
aircraft; (iii) to aid an investigation or prosecution of a
civil action brought under the Illinois Streetgang Terrorism
Omnibus Prevention Act when there is probable cause to
believe the interception of the private oral communication
will provide evidence that a streetgang is committing, has
committed, or will commit a second or subsequent gang-related
offense or that the interception of the private oral
communication will aid in the collection of a judgment
entered under that Act; or (iv) upon information and belief
that a streetgang has committed, is committing, or is about
to commit a felony.
(b) The State's Attorney or a person designated in
writing or by law to act for the State's Attorney and to
perform his or her duties during his or her absence or
disability, may authorize, in writing, an ex parte
application to the chief judge of a circuit court for an
order authorizing the interception of a private communication
when no party has consented to the interception and the
interception may provide evidence of, or may assist in the
apprehension of a person who has committed, is committing or
is about to commit, a violation of an offense under Article
29D of the Criminal Code of 1961.
(b-1) Subsection (b) is inoperative on and after January
1, 2005.
(b-2) No conversations recorded or monitored pursuant to
subsection (b) shall be made inadmissable in a court of law
by virtue of subsection (b-1).
(c) As used in this Section, "streetgang" and
"gang-related" have the meanings ascribed to them in Section
10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(Source: P.A. 88-249; 88-677, eff. 12-15-94.)
(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
Sec. 108B-4. Application for order of interception. (a)
Each application for an order of authorization to intercept a
private oral communication shall be made in writing upon oath
or affirmation and shall include:
(1) The authority of the applicant to make the
application;
(2) The identity of the electronic criminal surveillance
officer for whom the authority to intercept a private oral
communication is sought;
(3) The facts relied upon by the applicant including:
(i) The identity of the particular person, if known, who
is committing, is about to commit, or has committed the
offense and whose private communication is to be intercepted;
(ii) The details as to the particular offense that has
been, is being, or is about to be committed;
(iii) The particular type of private communication to be
intercepted;
(iv) Except as provided in Section 108B-7.5, a showing
that there is probable cause to believe that the private
communication will be communicated on the particular wire or
electronic communication facility involved or at the
particular place where the oral communication is to be
intercepted;
(v) Except as provided in Section 108B-7.5, the
character and location of the particular wire or electronic
communication facilities involved or the particular place
where the oral communication is to be intercepted;
(vi) The objective of the investigation;
(vii) A statement of the period of time for which the
interception is required to be maintained, and, if the
objective of the investigation is such that the authorization
for interception should not automatically terminate when the
described type of communication has been first obtained, a
particular statement of facts establishing probable cause to
believe that additional communications of the same type will
continue to occur;
(viii) A particular statement of facts showing that
other normal investigative procedures with respect to the
offense have been tried and have failed, or reasonably appear
to be unlikely to succeed if tried, or are too dangerous to
employ;
(4) Where the application is for the extension of an
order, a statement of facts showing the results obtained from
the interception, or a reasonable explanation of the failure
to obtain results;
(5) A statement of the facts concerning all previous
applications known to the applicant made to any court for
authorization to intercept a private an oral, electronic, or
wire communication involving any of the same facilities or
places specified in the application or involving any person
whose communication is to be intercepted, and the action
taken by the court on each application;
(6) A proposed order of authorization for consideration
by the judge; and
(7) Such additional statements of facts in support of
the application on which the applicant may rely or as the
chief judge may require.
(b) As part of the consideration of that part of an
application for which there is no corroborative evidence
offered, the chief judge may inquire in camera as to the
identity of any informant or request any other additional
information concerning the basis upon which the State's
Attorney, or the head of the law enforcement agency has
relied in making an application or a request for application
for the order of authorization which the chief judge finds
relevant to the determination of probable cause under this
Article.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
Sec. 108B-5. Requirements for order of interception.
Upon consideration of an application, the chief judge may
enter an ex parte order, as requested or as modified,
authorizing the interception of a private oral communication,
if the chief judge determines on the basis of the application
submitted by the applicant, that:
(1) There is probable cause for belief that (a) the
person whose private communication is to be intercepted is
committing, has committed, or is about to commit an offense
enumerated in Section 108B-3, or (b) the facilities from
which, or the place where, the private oral communication is
to be intercepted, is, has been, or is about to be used in
connection with the commission of the offense, or is leased
to, listed in the name of, or commonly used by, the person;
and
(2) There is probable cause for belief that a particular
private communication concerning such offense may be obtained
through the interception; and
(3) Normal investigative procedures with respect to the
offense have been tried and have failed or reasonably appear
to be unlikely to succeed if tried or too dangerous to
employ; and
(4) The electronic criminal surveillance officers to be
authorized to supervise the interception of the private oral
communication have been certified by the Department.
(b) In the case of an application, other than for an
extension, for an order to intercept a communication of a
person or on a wire communication facility that was the
subject of a previous order authorizing interception, the
application shall be based upon new evidence or information
different from and in addition to the evidence or information
offered to support the prior order, regardless of whether the
evidence was derived from prior interceptions or from other
sources.
(c) The chief judge may authorize interception of a
private oral communication anywhere in the judicial circuit.
If the court authorizes the use of an eavesdropping device
with respect to a vehicle, watercraft, or aircraft that is
within the judicial circuit at the time the order is issued,
the order may provide that the interception may continue
anywhere within the State if the vehicle, watercraft, or
aircraft leaves the judicial circuit.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)
Sec. 108B-7. Contents of order for use of eavesdropping
device. (a) Each order authorizing the interception of a
private oral communication shall state:
(1) The chief judge is authorized to issue the order;
(2) The identity of, or a particular description of, the
person, if known, whose private communications are to be
intercepted;
(3) The character and location of the particular wire
communication facilities as to which, or the particular place
of the communications as to which, authority to intercept is
granted;
(4) A particular description of the type of private
communication to be intercepted and a statement of the
particular offense to which it relates;
(5) The identity and certification of the electronic
criminal surveillance officers to whom the authority to
intercept a private oral communication is given and the
identity of the person who authorized the application; and
(6) The period of time during which the interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
(b) No order entered under this Section shall authorize
the interception of private oral communications for a period
of time in excess of that necessary to achieve the objective
of the authorization. Every order entered under this Section
shall require that the interception begin and terminate as
soon as practicable and be conducted in such a manner as to
minimize the interception of communications not otherwise
subject to interception. No order, other than for an
extension, entered under this Section may authorize the
interception of private oral communications for any period
exceeding 30 days. Extensions of an order may be granted for
periods of not more than 30 days. No extension shall be
granted unless an application for it is made in accordance
with Section 108B-4 and the judge makes the findings required
by Section 108B-5 and, where necessary, Section 108B-6.
(c) Whenever an order authorizing an interception is
entered, the order shall require reports to be made to the
chief judge who issued the order showing what progress has
been made toward achievement of the authorized objective and
the need for continued interception. The reports shall be
made at such intervals as the judge may require.
(d) An order authorizing the interception of a private
oral communication shall, upon request of the applicant,
direct that a communications common carrier, landlord, owner,
building operator, custodian, or other person furnish the
applicant forthwith all information, facilities and technical
assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the
services that the carrier, owner, building operator,
landlord, custodian, or person is affording the person whose
communication is to be intercepted. The obligation of a
communications common carrier under the order may include
conducting an in-progress trace during an interception. Any
communications common carrier, landlord, owner, building
operator, custodian, or person furnishing the facilities or
technical assistance shall be compensated by the applicant at
the prevailing rates.
(e) A communications common carrier, landlord, owner,
building operator, custodian, or other person who has been
provided with an order issued under this Article shall not
disclose the existence of the order of interception, or of a
device used to accomplish the interception unless:
(1) He is required to do so by legal process; and
(2) He has given prior notification to the State's
Attorney, who has authorized the application for the order.
(f) An order authorizing the interception of a private
oral communication shall, upon the request of the applicant,
authorize the entry into the place or facilities by
electronic criminal surveillance officers as often as
necessary for the purpose of installing, maintaining or
removing an intercepting device where the entry is necessary
to conduct or complete the interception. The chief judge who
issues the order shall be notified of the fact of each entry
prior to entry, if practicable, and, in any case, within 48
hours of entry.
(g) (1) Notwithstanding any provision of this Article,
any chief judge of a court of competent jurisdiction to which
any application is made under this Article may take any
evidence, make any finding, or issue any order to conform the
proceedings or the issuance of any order to the Constitution
of the United States, or of any law of the United States or
to the Constitution of the State of Illinois or to the laws
of Illinois.
(2) When the language of this Article is the same or
similar to the language of Title III of P.L. 90-351 (82 Stat.
211 et seq., codified at, 18 U.S.C. 2510 et seq.), the courts
of this State in construing this Article shall follow the
construction given to Federal law by the United States
Supreme Court or United States Court of Appeals for the
Seventh Circuit.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-7.5 new)
Sec. 108B-7.5. Applicability.
(a) The requirements of subdivisions (a)(3)(iv) and
(a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section
108B-5, and subdivision (a)(3) of Section 108B-7 of this
Article relating to the specification of the facilities from
which, or the place where, the communication is to be
intercepted do not apply if:
(1) in the case of an application with respect to
the interception of an oral communication:
(A) the application is by the State's
Attorney, or a person designated in writing or by
law to act for the State's Attorney and to perform
his or her duties during his or her absence or
disability;
(B) the application contains a full and
complete statement as to why such specification is
not practical and identifies the person committing
the offense and whose communications are to be
intercepted;
(C) the judge finds that such specification is
not practical; and
(D) the order sought is in connection with an
investigation of a violation of Article 29D of the
Criminal Code of 1961.
(2) in the case of an application with respect to a
wire or electronic communication:
(A) the application is by the State's
Attorney, or a person designated in writing or by
law to act for the State's Attorney and to perform
his or her duties during his or her absence or
disability;
(B) the application identifies the person
believed to be committing the offense and whose
communications are to be intercepted and the
applicant makes a showing that there is probable
cause to believe that the person's actions could
have the effect of thwarting interception from a
specified facility;
(C) the judge finds that such showing has been
adequately made;
(D) the order authorizing or approving the
interception is limited to interception only for
such time as it is reasonable to presume that the
person identified in the application is or was
reasonably proximate to the instrument through which
such communication will be or was transmitted; and
(E) the order sought is in connection with an
investigation of a violation of Article 29D of the
Criminal Code of 1961.
(b) An interception of a communication under an order
with respect to which the requirements of subdivisions
(a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision
(1)(b) of Section 108B-5, and subdivision (a)(3) of Section
108B-7 of this Article do not apply by reason of this Section
shall not begin until the place where the communication is to
be intercepted is ascertained by the person implementing the
interception order. A provider of wire or electronic
communications service that has received an order as provided
for in subdivision (a)(2) may upon notice to the People move
the court to modify or quash the order on the ground that its
assistance with respect to the interception cannot be
performed in a timely or reasonable fashion. The court shall
decide such a motion expeditiously.
(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
Sec. 108B-8. Emergency use of eavesdropping device. (a)
Whenever, upon informal application by the State's Attorney,
a chief judge of competent jurisdiction determines that:
(1) There may be grounds upon which an order could be
issued under this Article;
(2) There is probable cause to believe that an emergency
situation exists with respect to the investigation of an
offense enumerated in Section 108B-3; and
(3) There is probable cause to believe that a
substantial danger to life or limb exists justifying the
authorization for immediate interception of a private oral
communication before formal application for an order could
with due diligence be submitted to him and acted upon; the
chief judge may grant oral approval for an interception,
without an order, conditioned upon the filing with him,
within 48 hours, of an application for an order under Section
108B-4 which shall also recite the oral approval under this
Section and be retroactive to the time of the oral approval.
(b) Interception under oral approval under this Section
shall immediately terminate when the communication sought is
obtained or when the application for an order is denied,
whichever is earlier.
(c) In the event no formal application for an order is
subsequently made under this Section, the content of any
private oral communication intercepted under oral approval
under this Section shall be treated as having been obtained
in violation of this Article.
(d) In the event no application for an order is made
under this Section or an application made under this Section
is subsequently denied, the judge shall cause an inventory to
be served under Section 108B-11 of this Article and shall
require the tape or other recording of the intercepted
communication to be delivered to, and sealed by, the judge.
The evidence shall be retained by the court, and it shall not
be used or disclosed in any legal proceeding, except a civil
action brought by an aggrieved person under Section 14-6 of
the Criminal Code of 1961, or as otherwise authorized by the
order of a court of competent jurisdiction. In addition to
other remedies or penalties provided by law, failure to
deliver any tape or other recording to the chief judge shall
be punishable as contempt by the judge directing the
delivery.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
Sec. 108B-9. Recordings, records and custody.
(a) Any private oral communication intercepted in
accordance with this Article shall, if practicable, be
recorded by tape or other comparable method. The recording
shall, if practicable, be done in such a way as will protect
it from editing or other alteration. During an interception,
the interception shall be carried out by an electronic
criminal surveillance officer, and, if practicable, such
officer shall keep a signed, written record, including:
(1) The date and hours of surveillance;
(2) The time and duration of each intercepted
communication;
(3) The parties, if known, to each intercepted
conversation; and
(4) A summary of the contents of each intercepted
communication.
(b) Immediately upon the expiration of the order or its
extensions, the tapes and other recordings shall be
transferred to the chief judge issuing the order and sealed
under his direction. Custody of the tapes, or other
recordings, shall be maintained wherever the chief judge
directs. They shall not be destroyed except upon an order of
a court of competent jurisdiction and in any event shall be
kept for 10 years. Duplicate tapes or other recordings may
be made for disclosure or use under paragraph (a) of Section
108B-2a of this Article. The presence of the seal provided
by this Section, or a satisfactory explanation for its
absence, shall be a prerequisite for the disclosure of the
contents of any private oral communication, or evidence
derived from it, under paragraph (b) of Section 108B-2a of
this Article.
(Source: P.A. 86-763.)
(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
Sec. 108B-10. Applications, orders, and custody.
(a) Applications made and orders granted under this
Article for the interception of private oral communications
shall be sealed by the chief judge issuing or denying them
and held in custody as the judge shall direct. The
applications and orders shall be kept for a period of 10
years. Destruction of the applications and orders prior to
the expiration of that period of time may be made only upon
the order of a court of competent jurisdiction. Disclosure
of the applications and orders may be ordered by a court of
competent jurisdiction on a showing of good cause.
(b) The electronic criminal surveillance officer shall
retain a copy of applications and orders for the interception
of private oral communications. The applications and orders
shall be kept for a period of 10 years. Destruction of the
applications and orders prior to the expiration of that
period of time may be made only upon an order of a court of
competent jurisdiction. Disclosure and use of the
applications and orders may be made by an electronic criminal
surveillance officer only in the proper performance of his
official duties.
(c) In addition to any other remedies or penalties
provided by law, any violation of this Section shall be
punishable as contempt of court.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
Sec. 108B-11. Inventory.
(a) Within a reasonable period of time but not later than
90 days after the termination of the period of the order, or
its extensions, or the date of the denial of an application
made under Section 108B-8, the chief judge issuing or denying
the order or extension shall cause an inventory to be served
on any person:
(1) Named in the order;
(2) Arrested as a result of the interception of his
private oral communication;
(3) Indicted or otherwise charged as a result of the
interception of his private oral communication;
(4) Any person whose private oral communication was
intercepted and who the judge issuing or denying the order or
application may in his discretion determine should be
informed in the interest of justice.
(b) The inventory under this Section shall include:
(1) Notice of the entry of the order or the application
for an order denied under Section 108B-8;
(2) The date of the entry of the order or the denial of
an order applied for under Section 108B-8;
(3) The period of authorized or disapproved
interception; and
(4) The fact that during the period a private oral
communication was or was not intercepted.
(c) A court of competent jurisdiction, upon filing of a
motion, may in its discretion make available to those persons
or their attorneys for inspection those portions of the
intercepted communications, applications and orders as the
court determines to be in the interest of justice.
(d) On an ex parte showing of good cause to a court of
competent jurisdiction, the serving of the inventories
required by this Section may be postponed for a period not to
exceed 12 months.
(Source: P.A. 85-1203.)
(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
Sec. 108B-12. Approval, notice, suppression.
(a) If an electronic criminal surveillance officer,
while intercepting a private oral communication in accordance
with the provision of this Article, intercepts a private oral
communication that relates to an offense other than an
offense enumerated in Section 108B-3 of the Act, or relates
to an offense enumerated in Section 108B-3 but not specified
in the order of authorization, the State's Attorney, or a
person designated in writing or by law to act for him, may,
in order to permit the disclosure or use of the information
under Section 108B-2a of this Act, make a motion for an order
approving the interception. The chief judge of a court of
competent jurisdiction shall enter an order approving the
interception if he finds that at the time of the application,
there existed probable cause to believe that a person whose
private oral communication was intercepted was committing or
had committed an offense and the content of the communication
relates to that offense, and that the communication was
otherwise intercepted in accordance with the provisions of
this Article.
(b) An intercepted private oral communication, or
evidence derived from it, may not be received in evidence or
otherwise disclosed in an official proceeding unless each
aggrieved person who is a party in the official proceeding,
including any proceeding before a legislative, judicial,
administrative or other governmental agency or official
authorized to hear evidence under oath or other person taking
testimony or depositions in any such proceeding, other than a
grand jury, has, not less than 10 days before the official
proceeding, been furnished with a copy of the court order,
and the accompanying application, under which the
interception was authorized or approved. The 10 day period
may be waived by the presiding official if he finds that it
was not practicable to furnish the person with the
information 10 days before the proceeding, and that the
person will not be or has not been prejudiced by delay in
receiving the information.
(c) An aggrieved person in an official proceeding may
make a motion under this Section to suppress the contents of
an intercepted private oral communication, or evidence
derived from it, on the grounds that:
(1) The communication was unlawfully intercepted;
(2) The order of authorization or approval under which
it was intercepted is insufficient on its face; or
(3) The interception was not made in conformity with the
order of authorization or approval or at the time of the
application there was not probable cause to believe that the
aggrieved person was committing or had committed the offense
to which the content of the private communication relates.
(d) If a motion under this Section duly alleges that the
evidence sought to be suppressed in an official proceeding,
including a grand jury, has been derived from an unlawfully
intercepted private oral</