Full Text of HB5021 93rd General Assembly
HB5021 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5021
Introduced 02/05/04, by John J. Millner, Patricia Bailey SYNOPSIS AS INTRODUCED: |
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Amends the Terrorism Article of the Criminal Code of 1961. Exempts from the
definition of "render criminal assistance" the acts of a licensed physician who
provides treatment for an emergency medical condition to a person whom
he or she reasonably believes has committed a terrorist act and reports
this belief to a law enforcement agency. Provides that a person who
makes the report, if acting in good faith, is immune from civil,
administrative, or criminal liability that might otherwise apply to
these actions. Eliminates the reference to a licensed medical doctor.
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A BILL FOR
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HB5021 |
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LRB093 14820 RLC 40381 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Section 29D-10 as follows:
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| (720 ILCS 5/29D-10)
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| Sec. 29D-10. Definitions. As used in this Article, where | 8 |
| not
otherwise distinctly expressed or manifestly incompatible | 9 |
| with the intent of
this Article:
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| (a) "Computer network" means a set of related, remotely | 11 |
| connected
devices
and
any communications facilities including | 12 |
| more than one computer with the
capability to transmit data | 13 |
| among them through communication facilities.
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| (b) "Computer" means a device that accepts, processes, | 15 |
| stores,
retrieves,
or
outputs data, and includes, but is not | 16 |
| limited to, auxiliary storage and
telecommunications devices.
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| (c) "Computer program" means a series of coded instruction | 18 |
| or statements
in a
form acceptable to a computer which causes | 19 |
| the computer to process data and
supply the results of data | 20 |
| processing.
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| (d) "Data" means representations of information, | 22 |
| knowledge, facts,
concepts or
instructions, including program | 23 |
| documentation, that are prepared in a
formalized manner and are | 24 |
| stored or processed in or transmitted by a computer.
Data may | 25 |
| be in any form, including but not limited to magnetic or | 26 |
| optical
storage
media, punch cards, or data stored internally | 27 |
| in the memory of a computer.
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| (e) "Biological products used in or in connection with | 29 |
| agricultural
production" includes, but is not
limited
to,
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| seeds, plants, and DNA of plants or animals altered for use in | 31 |
| crop or
livestock breeding or production or which are sold, | 32 |
| intended, designed, or
produced for use
in crop production or |
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HB5021 |
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LRB093 14820 RLC 40381 b |
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| livestock breeding or production.
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| (f) "Agricultural products" means crops and livestock.
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| (g) "Agricultural production" means the breeding and | 4 |
| growing of
livestock
and
crops.
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| (h) "Livestock" means animals bred or raised for human | 6 |
| consumption.
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| (i) "Crops" means plants raised for: (1) human consumption, | 8 |
| (2) fruits
that
are intended for human consumption, (3) | 9 |
| consumption by livestock, and (4)
fruits that are intended for | 10 |
| consumption by livestock.
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| (j) "Communications systems" means any works, property, or | 12 |
| material of
any radio, telegraph, telephone, microwave, or | 13 |
| cable line, station, or system.
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| (k) "Substantial damage" means monetary damage greater | 15 |
| than $100,000.
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| (l) "Terrorist act" or "act of terrorism" means: (1) any | 17 |
| act that
is intended to cause or create a risk and does cause | 18 |
| or create a risk of death
or great bodily harm to one or more | 19 |
| persons;
(2) any act that disables or destroys the
usefulness | 20 |
| or operation of any communications system; (3) any act or any | 21 |
| series
of 2 or more acts committed in furtherance of a single | 22 |
| intention, scheme, or
design that disables or destroys the | 23 |
| usefulness or operation of
a computer network, computers, | 24 |
| computer programs, or data used by any
industry, by any class | 25 |
| of business, or by 5 or more businesses or by the
federal | 26 |
| government, State government, any unit of local government, a | 27 |
| public
utility, a manufacturer of pharmaceuticals, a national | 28 |
| defense contractor, or
a manufacturer of chemical or biological | 29 |
| products used in or in connection
with agricultural production; | 30 |
| (4) any act that disables or causes substantial
damage to or
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| destruction of any structure or facility used in or used in | 32 |
| connection with
ground, air, or water transportation; the | 33 |
| production or distribution of
electricity, gas, oil, or other | 34 |
| fuel; the treatment of sewage or the treatment
or distribution | 35 |
| of water; or controlling the flow of any body of water; (5) any
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| act that causes substantial damage to or destruction of |
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HB5021 |
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LRB093 14820 RLC 40381 b |
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| livestock or to crops
or a series of 2 or more acts committed | 2 |
| in furtherance of a single intention,
scheme, or design which, | 3 |
| in the aggregate, causes substantial damage to or
destruction | 4 |
| of livestock or crops; (6) any act that causes substantial
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| damage to or destruction of any hospital or any building or | 6 |
| facility used by
the federal government, State government, any | 7 |
| unit of local government or
by a national defense contractor or | 8 |
| by a public utility, a manufacturer of
pharmaceuticals, a | 9 |
| manufacturer of chemical or biological products used in or
in | 10 |
| connection with agricultural production or the storage or | 11 |
| processing of
agricultural products or the preparation of | 12 |
| agricultural products for food or
food products intended for | 13 |
| resale or for feed for livestock; or (7) any act
that causes | 14 |
| substantial damage to any building containing 5 or more
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| businesses of any type or to any building in which 10 or more | 16 |
| people reside.
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| (m) "Terrorist" and "terrorist organization" means any | 18 |
| person who
engages or is about to engage in a terrorist act | 19 |
| with the intent to intimidate
or coerce a significant portion | 20 |
| of a civilian population.
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| (n) "Material support or resources" means currency or other | 22 |
| financial
securities, financial services, lodging, training, | 23 |
| safe houses, false
documentation or identification, | 24 |
| communications equipment, facilities, weapons,
lethal | 25 |
| substances, explosives, personnel, transportation, any other | 26 |
| kind of
physical assets or intangible property, and expert | 27 |
| services or expert
assistance.
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| (o) "Person" has the meaning given in Section 2-15 of this | 29 |
| Code
and, in addition to that meaning, includes, without | 30 |
| limitation, any charitable
organization, whether incorporated | 31 |
| or unincorporated, any professional fund
raiser, professional | 32 |
| solicitor, limited liability company, association, joint
stock | 33 |
| company, association, trust, trustee, or any group of people | 34 |
| formally or
informally affiliated or associated for a common | 35 |
| purpose, and any officer,
director, partner, member, or agent | 36 |
| of any person.
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LRB093 14820 RLC 40381 b |
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| (p) "Render criminal assistance" means to do any of the | 2 |
| following with
the intent to prevent, hinder, or delay the | 3 |
| discovery or apprehension of, or
the lodging of a criminal | 4 |
| charge against, a person who he or she knows or
believes has | 5 |
| committed an offense under this Article or is being sought by | 6 |
| law
enforcement officials for the commission of an offense | 7 |
| under this Article, or
with the intent to assist a person in | 8 |
| profiting or benefiting from the
commission of an offense under | 9 |
| this Article:
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| (1) harbor or conceal the person;
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| (2) warn the person of impending discovery or | 12 |
| apprehension;
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| (3) provide the person with money, transportation, a | 14 |
| weapon, a
disguise, false identification documents, or any | 15 |
| other means of avoiding
discovery or apprehension;
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| (4) prevent or obstruct, by means of force, | 17 |
| intimidation, or
deception, anyone from performing an act | 18 |
| that might aid in the discovery or
apprehension of the | 19 |
| person or in the lodging of a criminal charge against the
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| person;
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| (5) suppress, by any act of concealment, alteration, or | 22 |
| destruction,
any physical evidence that might aid in the | 23 |
| discovery or apprehension of the
person or in the lodging | 24 |
| of a criminal charge against the person;
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| (6) aid the person to protect or expeditiously profit | 26 |
| from an
advantage derived from the crime; or
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| (7) provide expert services or expert assistance to the | 28 |
| person.
Providing expert services or expert assistance | 29 |
| shall not be construed to
apply to: (1) a licensed attorney | 30 |
| who discusses with a client the legal
consequences of a | 31 |
| proposed course of conduct or advises a client of legal or
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| constitutional rights and (2) a licensed
physician who | 33 |
| provides treatment for an emergency medical condition
to a
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| person whom he or she reasonably believes has committed a | 35 |
| terrorist act and
reports this
belief to a law enforcement | 36 |
| agency. Any person who makes a report shall provide
to law
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HB5021 |
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LRB093 14820 RLC 40381 b |
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| enforcement investigators copies of records, photographs, | 2 |
| and x-rays concerning
this
treatment. No evidence shall be | 3 |
| excluded by reason of any common law or
statutory
privilege | 4 |
| related to communications between the alleged offender and | 5 |
| any other
person.
Any person who makes a report pursuant to | 6 |
| this paragraph (7) or who
participates in
good faith
in any | 7 |
| investigation of a report or in taking photographs and | 8 |
| x-rays shall be
immune from
any civil, administrative, or | 9 |
| criminal liability that might otherwise apply by
reason of
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| these actions. The good faith of any person who makes a | 11 |
| report or who
participates in
any investigation of a report | 12 |
| or in taking photographs or x-rays shall be
presumed. For
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| the purposes of this paragraph (7), "emergency medical | 14 |
| condition" shall have
the
meaning ascribed to it in Section | 15 |
| 370g of the Illinois Insurance Code
medical doctor who | 16 |
| provides emergency
medical treatment to a person whom he or | 17 |
| she believes has committed an offense
under this Article | 18 |
| if, as soon as reasonably practicable either before or
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| after providing such treatment, he or she notifies a law | 20 |
| enforcement agency .
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| (Source: P.A. 92-854, eff. 12-5-02.)
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