State of Illinois
2019 and 2020


Introduced 1/4/2021, by Sen. John F. Curran - Dan McConchie - Dale A. Righter - Jil Tracy, Paul Schimpf, et al.


720 ILCS 5/33G-3
725 ILCS 5/108B-3  from Ch. 38, par. 108B-3

    Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government)), and legislative misconduct. Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court 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 an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law.

LRB101 22336 RLC 73379 b






SB4013LRB101 22336 RLC 73379 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 33G-3 as follows:
6    (720 ILCS 5/33G-3)
7    (Section scheduled to be repealed on June 11, 2022)
8    Sec. 33G-3. Definitions. As used in this Article:
9    (a) "Another state" means any State of the United States
10(other than the State of Illinois), or the District of
11Columbia, or the Commonwealth of Puerto Rico, or any territory
12or possession of the United States, or any political
13subdivision, or any department, agency, or instrumentality
15    (b) "Enterprise" includes:
16        (1) any partnership, corporation, association,
17    business or charitable trust, or other legal entity; and
18        (2) any group of individuals or other legal entities,
19    or any combination thereof, associated in fact although not
20    itself a legal entity. An association in fact must be held
21    together by a common purpose of engaging in a course of
22    conduct, and it may be associated together for purposes
23    that are both legal and illegal. An association in fact



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1    must:
2            (A) have an ongoing organization or structure,
3        either formal or informal;
4            (B) the various members of the group must function
5        as a continuing unit, even if the group changes
6        membership by gaining or losing members over time; and
7            (C) have an ascertainable structure distinct from
8        that inherent in the conduct of a pattern of predicate
9        activity.
10    As used in this Article, "enterprise" includes licit and
11illicit enterprises.
12    (c) "Labor organization" includes any organization, labor
13union, craft union, or any voluntary unincorporated
14association designed to further the cause of the rights of
15union labor that is constituted for the purpose, in whole or in
16part, of collective bargaining or of dealing with employers
17concerning grievances, terms or conditions of employment, or
18apprenticeships or applications for apprenticeships, or of
19other mutual aid or protection in connection with employment,
20including apprenticeships or applications for apprenticeships.
21    (d) "Operation or management" means directing or carrying
22out the enterprise's affairs and is limited to any person who
23knowingly serves as a leader, organizer, operator, manager,
24director, supervisor, financier, advisor, recruiter, supplier,
25or enforcer of an enterprise in violation of this Article.
26    (e) "Predicate activity" means any act that is a Class 2



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1felony or higher and constitutes a violation or violations of
2any of the following provisions of the laws of the State of
3Illinois (as amended or revised as of the date the activity
4occurred or, in the instance of a continuing offense, the date
5that charges under this Article are filed in a particular
6matter in the State of Illinois) or any act under the law of
7another jurisdiction for an offense that could be charged as a
8Class 2 felony or higher in this State:
9        (1) under the Criminal Code of 1961 or the Criminal
10    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
11    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
12    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
13    (aggravated unlawful restraint), 10-4 (forcible
14    detention), 10-5(b)(10) (child abduction), 10-9
15    (trafficking in persons, involuntary servitude, and
16    related offenses), 11-1.20 (criminal sexual assault),
17    11-1.30 (aggravated criminal sexual assault), 11-1.40
18    (predatory criminal sexual assault of a child), 11-1.60
19    (aggravated criminal sexual abuse), 11-6 (indecent
20    solicitation of a child), 11-6.5 (indecent solicitation of
21    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
22    prostitution), 11-14.4 (promoting juvenile prostitution),
23    11-18.1 (patronizing a minor engaged in prostitution;
24    patronizing a juvenile prostitute), 12-3.05 (aggravated
25    battery), 12-6.4 (criminal street gang recruitment),
26    12-6.5 (compelling organization membership of persons),



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1    12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5
2    (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
3    18-6 (vehicular invasion), 18-1 (robbery; aggravated
4    robbery), 18-2 (armed robbery), 18-3 (vehicular
5    hijacking), 18-4 (aggravated vehicular hijacking), 18-5
6    (aggravated robbery), 19-1 (burglary), 19-3 (residential
7    burglary), 20-1 (arson; residential arson; place of
8    worship arson), 20-1.1 (aggravated arson), 20-1.2
9    (residential arson), 20-1.3 (place of worship arson),
10    24-1.2 (aggravated discharge of a firearm), 24-1.2-5
11    (aggravated discharge of a machine gun or silencer equipped
12    firearm), 24-1.8 (unlawful possession of a firearm by a
13    street gang member), 24-3.2 (unlawful discharge of firearm
14    projectiles), 24-3.9 (aggravated possession of a stolen
15    firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting),
16    29D-14.9 (terrorism), 29D-15 (soliciting support for
17    terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2
18    (possession of a deadly substance), 29D-20 (making a
19    terrorist threat), 29D-25 (falsely making a terrorist
20    threat), 29D-29.9 (material support for terrorism), 29D-35
21    (hindering prosecution of terrorism), 31A-1.2
22    (unauthorized contraband in a penal institution), 33-1
23    (bribery), 33-3 (official misconduct), 33-3.1
24    (solicitation misconduct (State government)), 33-3.2
25    (solicitation misconduct (local government)), 33-8
26    (legislative misconduct), or 33A-3 (armed violence);



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1        (2) under the Cannabis Control Act: Sections 5
2    (manufacture or delivery of cannabis), 5.1 (cannabis
3    trafficking), or 8 (production or possession of cannabis
4    plants), provided the offense either involves more than 500
5    grams of any substance containing cannabis or involves more
6    than 50 cannabis sativa plants;
7        (3) under the Illinois Controlled Substances Act:
8    Sections 401 (manufacture or delivery of a controlled
9    substance), 401.1 (controlled substance trafficking), 405
10    (calculated criminal drug conspiracy), or 405.2 (street
11    gang criminal drug conspiracy); or
12        (4) under the Methamphetamine Control and Community
13    Protection Act: Sections 15 (methamphetamine
14    manufacturing), or 55 (methamphetamine delivery).
15    (f) "Pattern of predicate activity" means:
16        (1) at least 3 occurrences of predicate activity that
17    are in some way related to each other and that have
18    continuity between them, and that are separate acts. Acts
19    are related to each other if they are not isolated events,
20    including if they have similar purposes, or results, or
21    participants, or victims, or are committed a similar way,
22    or have other similar distinguishing characteristics, or
23    are part of the affairs of the same enterprise. There is
24    continuity between acts if they are ongoing over a
25    substantial period, or if they are part of the regular way
26    some entity does business or conducts its affairs; and



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1        (2) which occurs after the effective date of this
2    Article, and the last of which falls within 3 years
3    (excluding any period of imprisonment) after the first
4    occurrence of predicate activity.
5    (g) "Unlawful death" includes the following offenses:
6under the Code of 1961 or the Criminal Code of 2012: Sections
79-1 (first degree murder) or 9-2 (second degree murder).
8(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Section 108B-3 as follows:
11    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
12    Sec. 108B-3. Authorization for the interception of private
14    (a) The State's Attorney, or a person designated in writing
15or by law to act for him and to perform his duties during his
16absence or disability, may authorize, in writing, an ex parte
17application to the chief judge of a court of competent
18jurisdiction for an order authorizing the interception of a
19private communication when no party has consented to the
20interception and (i) the interception may provide evidence of,
21or may assist in the apprehension of a person who has
22committed, is committing or is about to commit, a violation of
23Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
24of murder for hire), 9-1 (first degree murder), 10-9



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1(involuntary servitude, involuntary sexual servitude of a
2minor, or trafficking in persons), paragraph (1), (2), or (3)
3of subsection (a) of Section 11-14.4 (promoting juvenile
4prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
511-14.3 (promoting prostitution), 11-15.1 (soliciting for a
6minor engaged in prostitution), 11-16 (pandering), 11-17.1
7(keeping a place of juvenile prostitution), 11-18.1
8(patronizing a minor engaged in prostitution), 11-19.1
9(juvenile pimping and aggravated juvenile pimping), or 29B-1
10(money laundering) of the Criminal Code of 1961 or the Criminal
11Code of 2012, Section 401, 401.1 (controlled substance
12trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
13the Illinois Controlled Substances Act or any Section of the
14Methamphetamine Control and Community Protection Act, a
15violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
1624-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
1724-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
18Criminal Code of 1961 or the Criminal Code of 2012, or an
19offense listed as predicate activity under subsection (e) of
20Section 33G-3 of the Criminal Code of 1961 or the Criminal Code
21of 2012, or conspiracy to commit money laundering or conspiracy
22to commit first degree murder; (ii) in response to a clear and
23present danger of imminent death or great bodily harm to
24persons resulting from: (1) a kidnapping or the holding of a
25hostage by force or the threat of the imminent use of force; or
26(2) the occupation by force or the threat of the imminent use



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1of force of any premises, place, vehicle, vessel or aircraft;
2(iii) to aid an investigation or prosecution of a civil action
3brought under the Illinois Streetgang Terrorism Omnibus
4Prevention Act when there is probable cause to believe the
5interception of the private communication will provide
6evidence that a streetgang is committing, has committed, or
7will commit a second or subsequent gang-related offense or that
8the interception of the private communication will aid in the
9collection of a judgment entered under that Act; or (iv) upon
10information and belief that a streetgang has committed, is
11committing, or is about to commit a felony.
12    (b) The State's Attorney or a person designated in writing
13or by law to act for the State's Attorney and to perform his or
14her duties during his or her absence or disability, may
15authorize, in writing, an ex parte application to the chief
16judge of a circuit court for an order authorizing the
17interception of a private communication when no party has
18consented to the interception and the interception may provide
19evidence of, or may assist in the apprehension of a person who
20has committed, is committing or is about to commit, a violation
21of an offense under Article 29D of the Criminal Code of 1961 or
22the Criminal Code of 2012.
23    (b-1) Subsection (b) is inoperative on and after January 1,
25    (b-2) No conversations recorded or monitored pursuant to
26subsection (b) shall be made inadmissible in a court of law by



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1virtue of subsection (b-1).
2    (c) As used in this Section, "streetgang" and
3"gang-related" have the meanings ascribed to them in Section 10
4of the Illinois Streetgang Terrorism Omnibus Prevention Act.
5(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
697-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)