(720 ILCS 5/29B-0.5) Sec. 29B-0.5. Definitions. In this Article: "Conduct" or "conducts" includes, in addition to its ordinary
meaning, initiating, concluding, or participating in initiating or concluding
a transaction. "Criminally derived property" means: (1) any property, real or personal, constituting
or
derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law; or (2) any property
represented to be property constituting or derived from proceeds obtained,
directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law. "Director" means the Director of the Illinois State Police or his or her designated agents. "Financial institution" means any bank; savings and loan
association; trust company; agency or branch of a foreign bank in the
United States; currency exchange; credit union; mortgage banking
institution; pawnbroker; loan or finance company; operator of a credit card
system; issuer, redeemer, or cashier of travelers checks, checks, or money
orders; dealer in precious metals, stones, or jewels; broker or dealer in
securities or commodities; investment banker; or investment company. "Financial transaction" means a purchase, sale, loan, pledge, gift,
transfer, delivery, or other disposition utilizing criminally derived property,
and with respect to financial institutions, includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan, extension of credit,
purchase or sale of any stock, bond, certificate of deposit or other monetary
instrument, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a
financial institution.
"Financial
transaction" also
means a transaction which without regard to whether the funds, monetary
instruments, or real or personal property involved in the transaction are
criminally derived, any transaction which in any way or degree: (1) involves
the movement of funds by wire or any other means; (2) involves one or more
monetary instruments; or (3) the transfer of title to any real or personal
property.
The receipt by an attorney of bona fide fees for the purpose
of legal representation is not a financial transaction for purposes of this
Article. "Form 4-64" means the Illinois State Police Notice/Inventory of Seized Property (Form 4-64). "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or foreign law. "Monetary instrument" means United States coins and currency;
coins and currency of a foreign country; travelers checks; personal checks,
bank checks, and money orders; investment securities; bearer
negotiable instruments; bearer investment securities; or bearer securities
and certificates of stock in a form that title passes upon
delivery. "Specified criminal activity" means any violation of Section 29D-15.1 and any violation of Article 29D of this Code. "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.) |