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Illinois Compiled Statutes
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CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 720 ILCS 5/Art. 28
(720 ILCS 5/Art. 28 heading)
ARTICLE 28.
GAMBLING AND RELATED OFFENSES
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720 ILCS 5/28-1
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:
(1) knowingly plays a game of chance or skill for | | money or other thing of value, unless excepted in subsection (b) of this Section;
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(2) knowingly makes a wager upon the result of any
| | game, contest, or any political nomination, appointment or election;
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(3) knowingly operates, keeps, owns, uses, purchases,
| | exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
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(4) contracts to have or give himself or herself or
| | another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
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(5) knowingly owns or possesses any book, instrument
| | or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
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(6) knowingly sells pools upon the result of any game
| | or contest of skill or chance, political nomination, appointment or election;
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(7) knowingly sets up or promotes any lottery or
| | sells, offers to sell or transfers any ticket or share for any lottery;
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(8) knowingly sets up or promotes any policy game or
| | sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
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(9) knowingly drafts, prints or publishes any lottery
| | ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
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(10) knowingly advertises any lottery or policy game,
| | except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
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(11) knowingly transmits information as to wagers,
| | betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
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(12) knowingly establishes, maintains, or operates an
| | Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
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(b) Participants in any of the following activities shall not be
convicted of gambling:
(1) Agreements to compensate for loss caused by the
| | happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
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(2) Offers of prizes, award or compensation to the
| | actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
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(3) Pari-mutuel betting as authorized by the law of
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(4) Manufacture of gambling devices, including the
| | acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
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(5) The game commonly known as "bingo", when
| | conducted in accordance with the Bingo License and Tax Act.
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(6) Lotteries when conducted by the State of Illinois
| | in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
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(6.1) The purchase of lottery tickets through the
| | Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
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| (7) Possession of an antique slot machine that is
| | neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
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(8) Raffles and poker runs when conducted in
| | accordance with the Raffles and Poker Runs Act.
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(8.1) The purchase of raffle chances for a raffle
| | conducted in accordance with the Raffles and Poker Runs Act.
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| (9) Charitable games when conducted in accordance
| | with the Charitable Games Act.
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(10) Pull tabs and jar games when conducted under the
| | Illinois Pull Tabs and Jar Games Act.
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(11) Gambling games when authorized by the Illinois
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(12) Video gaming terminal games at a licensed
| | establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
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| (13) Games of skill or chance where money or other
| | things of value can be won but no payment or purchase is required to participate.
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| (14) Savings promotion raffles authorized under
| | Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
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| (15) Sports wagering when conducted in accordance
| | with the Sports Wagering Act.
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| (c) Sentence.
Gambling is a
Class A misdemeanor. A second or
subsequent conviction under subsections (a)(3) through (a)(12),
is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under
this
Section circumstantial evidence shall have the same validity and weight as
in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
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720 ILCS 5/28-1.1
(720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
Sec. 28-1.1. Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close relationship between
professional gambling and other organized crime, it is declared to be the
policy of the legislature to restrain persons from engaging in the business
of gambling for profit in this State. This Section shall be liberally
construed and administered with a view to carrying out this policy.
(b) A person commits syndicated gambling when he or she operates a "policy
game" or engages in the business of bookmaking.
(c) A person "operates a policy game" when he or she knowingly uses any
premises or property for the purpose of receiving or knowingly does
receive from what is commonly called "policy":
(1) money from a person other than the bettor or | | player whose bets or plays are represented by the money; or
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(2) written "policy game" records, made or used over
| | any period of time, from a person other than the bettor or player whose bets or plays are represented by the written record.
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(d) A person engages in bookmaking when he or she knowingly receives or accepts more
than five bets or wagers upon the result of any trials or contests of
skill, speed or power of endurance or upon any lot, chance, casualty,
unknown or contingent event whatsoever, which bets or wagers shall be of
such size that the total of the amounts of money paid or promised to be
paid to the bookmaker on account thereof shall exceed $2,000.
Bookmaking is the receiving or accepting of bets or wagers
regardless of the form or manner in which the bookmaker records them.
(e) Participants in any of the following activities shall not be
convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the
| | happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance;
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(2) Offers of prizes, award or compensation to the
| | actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in the contest;
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(3) Pari-mutuel betting as authorized by law of this
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(4) Manufacture of gambling devices, including the
| | acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when the transportation is not prohibited by any applicable Federal law;
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(5) Raffles and poker runs when conducted in
| | accordance with the Raffles and Poker Runs Act;
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(6) Gambling games conducted on riverboats, in
| | casinos, or at organization gaming facilities when authorized by the Illinois Gambling Act;
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(7) Video gaming terminal games at a licensed
| | establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act; and
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(8) Savings promotion raffles authorized under
| | Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
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| (f) Sentence. Syndicated gambling is a Class 3 felony.
(Source: P.A. 101-31, eff. 6-28-19.)
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720 ILCS 5/28-2
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or
other machines or device for the reception of money or other thing of value
on chance or skill or upon the action of which money or other thing of
value is staked, hazarded, bet, won, or lost; or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use in a gambling
place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device | | played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
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(2) Vending machines by which full and adequate
| | return is made for the money invested and in which there is no element of chance or hazard.
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(3) A crane game. For the purposes of this paragraph
| | (3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties, and prizes other than currency, each having a wholesale value which is not more than $25.
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(4) A redemption machine. For the purposes of this
| | paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
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(A) The outcome of the game is predominantly
| | determined by the skill of the player.
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(B) The award of the prize is based solely upon
| | the player's achieving the object of the game or otherwise upon the player's score.
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(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu
| | of tickets or tokens for single play of the device does not exceed $25.
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(E) The redemption value of tickets, tokens, and
| | other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
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(5) Video gaming terminals at a licensed
| | establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
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| (a-5) "Internet" means an interactive computer service or system or an
information service, system, or access software provider that provides or
enables computer access by multiple users to a computer server, and includes,
but is not limited to, an information service, system, or access software
provider that provides access to a network system commonly known as the
Internet, or any comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or other online
service.
(a-6) "Access" has the meaning ascribed to the term in Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.
(b) A "lottery" is any scheme or procedure whereby one or more prizes
are distributed by chance among persons who have paid or promised
consideration for a chance to win such prizes, whether such scheme or
procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a person promises
or guarantees by any instrument, bill, certificate, writing, token, or other
device that any particular number, character, ticket, or certificate shall
in the event of any contingency in the nature of a lottery entitle the
purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)
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720 ILCS 5/28-3
(720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
Sec. 28-3. Keeping a gambling place. A "gambling place" is any real
estate, vehicle, boat, or any other property whatsoever used for the
purposes of gambling other than gambling conducted in the manner authorized
by the Illinois Gambling Act, the Sports Wagering Act, or the Video Gaming Act. Any person who
knowingly permits any premises
or property owned or occupied by him or under his control to be used as a
gambling place commits a Class A misdemeanor. Each subsequent offense is a
Class 4 felony. When any premises is determined by the circuit court to be
a gambling place:
(a) Such premises is a public nuisance and may be | | proceeded against as such, and
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(b) All licenses, permits or certificates issued by
| | the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so cancelled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and
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(c) Such premises of any person who knowingly permits
| | thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article.
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(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-558, eff. 8-20-21.)
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720 ILCS 5/28-4
(720 ILCS 5/28-4) (from Ch. 38, par. 28-4)
Sec. 28-4.
Registration of Federal Gambling Stamps.
(a) Every person who has purchased a Federal Wagering Occupational Tax
Stamp, as required by the United States under the applicable provisions of
the Internal Revenue Code, or a Federal Gaming Device Tax Stamp, as
required by the United States under the applicable provisions of the
Internal Revenue Code, shall register forthwith such stamp or stamps with
the county clerk's office in which he resides and the county clerk's office
of each and every county in which he conducts any business. A violation of
this Section is a Class B misdemeanor. A subsequent violation is a Class A
misdemeanor.
(b) To register a stamp as required by this Section, each individual
stamp purchaser and each member of a firm or association which is a stamp
purchaser and, if such purchaser is corporate, the registered agent of the
purchasing corporation shall deliver the stamp to the county clerk for
inspection and shall under oath or affirmation complete and sign a
registration form which shall state the full name and residence and
business address of each purchaser and of each member of a purchasing firm
or association and of each person employed or engaged in gambling on behalf
of such purchaser, shall state the registered agent and registered address
of a corporate purchaser, shall state each place where gambling is to be
performed by or on behalf of the purchaser, and shall state the duration of
validity of the stamp and the federal registration number and tax return
number thereof. Any false statement in the registration form is material
and is evidence of perjury.
(c) Within 3 days after such registration the county clerk shall by
registered mail forward notice of such registration and a duplicate copy of
each registration form to the Attorney General of this State, to the
Chairman of the Illinois Liquor Control Commission, to the State's Attorney
and Sheriff of each county wherein the stamp is registered, and to the
principal official of the department of police of each city, village and
incorporated town in this State wherein the stamp is registered or wherein
the registrant maintains a business address.
(Source: P.A. 77-2638.)
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720 ILCS 5/28-5
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable of lawful use
or every device used unlawfully for gambling shall be considered a
"gambling device", and shall be subject to seizure, confiscation and
destruction by the Illinois State Police or by any municipal, or other
local authority, within whose jurisdiction the same may be found. As used
in this Section, a "gambling device" includes any slot machine, and
includes any machine or device constructed for the reception of money or
other thing of value and so constructed as to return, or to cause someone
to return, on chance to the player thereof money, property or a right to
receive money or property. With the exception of any device designed for
gambling which is incapable of lawful use, no gambling device shall be
forfeited or destroyed unless an individual with a property interest in
said device knows of the unlawful use of the device.
(b) Every gambling device shall be seized and forfeited to the county
wherein such seizure occurs. Any money or other thing of value integrally
related to acts of gambling shall be seized and forfeited to the county
wherein such seizure occurs.
(c) If, within 60 days after any seizure pursuant to subparagraph
(b) of this Section, a person having any property interest in the seized
property is charged with an offense, the court which renders judgment
upon such charge shall, within 30 days after such judgment, conduct a
forfeiture hearing to determine whether such property was a gambling device
at the time of seizure. Such 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 property, a representation that written notice of
the date, time and place of such hearing has been mailed to every such
person by certified mail at least 10 days before such date, and a
request for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required shall
be a preponderance of the evidence, and the burden of proof shall be on
the State. If the court determines that the seized property was
a gambling device at the time of seizure, an order of forfeiture and
disposition of the seized property shall be entered: a gambling device
shall be received by the State's Attorney, who shall effect its
destruction, except that valuable parts thereof may be liquidated and
the resultant money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value shall be
received by the State's Attorney and, upon liquidation, shall be
deposited in the general fund of the county wherein such seizure
occurred. However, in the event that a defendant raises the defense
that the seized slot machine is an antique slot machine described in
subparagraph (b) (7) of Section 28-1 of this Code and therefore he is
exempt from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise altered until a
final determination is made by the Court as to whether it is such an
antique slot machine. Upon a final determination by the Court of this
question in favor of the defendant, such slot machine shall be
immediately returned to the defendant. Such order of forfeiture and
disposition shall, for the purposes of appeal, be a final order and
judgment in a civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this Section is not
followed by a charge pursuant to subparagraph (c) of this Section, or if
the prosecution of such charge is permanently terminated or indefinitely
discontinued without any judgment of conviction or acquittal (1) the
State's Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and deposit
in the general fund of the county of any seized money or other things of
value, or both, in the circuit court and (2) any person having any
property interest in such seized gambling device, money or other thing
of value may commence separate civil proceedings in the manner provided
by law.
(e) Any gambling device displayed for sale to a riverboat gambling
operation, casino gambling operation, or organization gaming facility or used to train occupational licensees of a riverboat gambling
operation, casino gambling operation, or organization gaming facility as authorized under the Illinois Gambling Act is exempt from
seizure under this Section.
(f) Any gambling equipment, devices, and supplies provided by a licensed
supplier in accordance with the Illinois Gambling Act which are removed
from a riverboat, casino, or organization gaming facility for repair are exempt from seizure under this Section.
(g) The following video gaming terminals are exempt from seizure under this Section: (1) Video gaming terminals for sale to a licensed | | distributor or operator under the Video Gaming Act.
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| (2) Video gaming terminals used to train licensed
| | technicians or licensed terminal handlers.
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| (3) Video gaming terminals that are removed from a
| | licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.
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| (h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(i) Any sports lottery terminals provided by a central system provider that are removed from a lottery retailer for repair under the Sports Wagering Act are exempt from seizure under this Section.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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720 ILCS 5/28-7
(720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
Sec. 28-7. Gambling contracts void.
(a) All promises, notes, bills, bonds, covenants, contracts, agreements,
judgments, mortgages, or other securities or conveyances made, given,
granted, drawn, or entered into, or executed by any person whatsoever,
where the whole or any part of the consideration thereof is for any
money or thing of value, won or obtained in violation of any Section of
this Article are null and void.
(b) Any obligation void under this Section may be set aside and vacated
by any court of competent jurisdiction, upon a complaint filed for that
purpose, by the person so granting, giving, entering into, or executing the
same, or by his executors or administrators, or by any creditor, heir,
legatee, purchaser or other person interested therein; or if a judgment,
the same may be set aside on motion of any person stated above, on due
notice thereof given.
(c) No assignment of any obligation void under this Section may in any
manner affect the defense of the person giving, granting, drawing, entering
into or executing such obligation, or the remedies of any person interested
therein.
(d) This Section shall not prevent a licensed owner of a riverboat
gambling operation, a casino gambling operation, or an organization gaming licensee under the Illinois Gambling
Act and the Illinois Horse Racing Act of 1975 from instituting a cause of
action to collect any amount due and owing under an extension of credit to a
gambling patron as authorized under Section 11.1 of the Illinois
Gambling Act.
(Source: P.A. 101-31, eff. 6-28-19.)
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720 ILCS 5/28-8
(720 ILCS 5/28-8) (from Ch. 38, par. 28-8)
Sec. 28-8. Gambling
losses recoverable.
(a) Any person who by gambling shall lose to any other person, any sum
of money or thing of value, amounting to the sum of $50 or more and shall
pay or deliver the same or any part thereof, may sue for and recover the
money or other thing of value, so lost and paid or delivered, in a civil
action against the winner thereof, with costs, in
the circuit court. No person who accepts from another person for transmission,
and transmits, either in his own name or in the name of such other person,
any order for any transaction to be made upon, or who executes any order
given to him by another person, or who executes any transaction for his own
account on, any regular board of trade or commercial, commodity or stock
exchange, shall, under any circumstances, be deemed a "winner" of any
moneys lost by such other person in or through any such transactions.
(b) If within 6 months, such person who under the terms of Subsection
28-8(a) is entitled to initiate action to recover his losses does not in
fact pursue his remedy, any person may initiate a civil action against the
winner. The court or the jury, as the case may be, shall determine the
amount of the loss. After such determination, the court shall enter a
judgment of triple the amount so determined.
(c) Gambling losses as a result of gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this Section. (Source: P.A. 98-31, eff. 6-24-13.)
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720 ILCS 5/28-9
(720 ILCS 5/28-9) (from Ch. 38, par. 28-9)
Sec. 28-9.
At the option of the prosecuting attorney any prosecution under this
Article may be commenced by an information as defined in Section 102-12 of
the Code of Criminal Procedure of 1963.
(Source: P.A. 76-1131 .)
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720 ILCS 5/Art. 29
(720 ILCS 5/Art. 29 heading)
ARTICLE 29.
BRIBERY IN CONTESTS
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720 ILCS 5/29-1
(720 ILCS 5/29-1) (from Ch. 38, par. 29-1)
Sec. 29-1.
Offering
a bribe.
(a) Any person who, with intent to influence any person participating in,
officiating or connected with any professional or amateur athletic contest,
sporting event or exhibition, gives, offers or promises any money, bribe or
other thing of value or advantage to induce such participant, official or
other person not to use his best efforts in connection with such contest,
event or exhibition commits a Class 4 felony.
(b) Any person who, with the intent to influence the decision of any
individual, offers or promises any money, bribe or other thing of value or
advantage to induce such individual to attend, refrain from attending or
continue to attend a particular public or private institution of secondary
education or higher education for the purpose of participating or not
participating in interscholastic athletic competition for such
institution commits a Class A misdemeanor. This Section does not apply to the:
(1) offering or awarding
to an individual any type of scholarship, grant or other bona fide
financial aid or employment; (2) offering of any type of financial
assistance by such individual's family; or (3) offering of any item of
de minimis value by such institution's authorities if such item is of the
nature of an item that is commonly provided to any or all students or
prospective students.
(c) Any person who gives any money, goods or other thing of value to
an individual enrolled in an institution of higher education who
participates in interscholastic competition and represents or attempts to represent such
individual in future negotiations for employment with any professional
sports team commits a Class A misdemeanor.
(Source: P.A. 85-665 .)
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720 ILCS 5/29-2
(720 ILCS 5/29-2) (from Ch. 38, par. 29-2)
Sec. 29-2.
Accepting a bribe.
Any person participating in, officiating or connected with any
professional or amateur athletic contest, sporting event or exhibition who
accepts or agrees to accept any money, bribe or other thing of value or
advantage with the intent, understanding or agreement that he will not use
his best efforts in connection with such contest, event or exhibition
commits a Class 4 felony.
(Source: P.A. 77-2638.)
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720 ILCS 5/29-3
(720 ILCS 5/29-3) (from Ch. 38, par. 29-3)
Sec. 29-3.
Failure
to report offer of bribe.
Any person participating, officiating or connected with any professional
or amateur athletic contest, sporting event or exhibition who fails to
report forthwith to his employer, the promoter of such contest, event or
exhibition, a peace officer, or the local State's Attorney any offer or
promise made to him in violation of Section 29-1 commits a Class A
misdemeanor.
(Source: P.A. 77-2638.)
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720 ILCS 5/Art. 29A
(720 ILCS 5/Art. 29A heading)
ARTICLE 29A.
COMMERCIAL BRIBERY
|
720 ILCS 5/29A-1
(720 ILCS 5/29A-1) (from Ch. 38, par. 29A-1)
Sec. 29A-1.
A person commits commercial bribery when he confers, or offers or agrees
to confer, any benefit upon any employee, agent or fiduciary without the
consent of the latter's employer or principal, with intent to influence his
conduct in relation to his employer's or principal's affairs.
(Source: P.A. 76-1129 .)
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720 ILCS 5/29A-2
(720 ILCS 5/29A-2) (from Ch. 38, par. 29A-2)
Sec. 29A-2.
An employee, agent or fiduciary commits commercial bribe receiving when,
without consent of his employer or principal, he solicits, accepts or
agrees to accept any benefit from another person upon an agreement or
understanding that such benefit will influence his conduct in relation to
his employer's or principal's affairs.
(Source: P.A. 76-1129 .)
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720 ILCS 5/29A-3
(720 ILCS 5/29A-3) (from Ch. 38, par. 29A-3)
Sec. 29A-3.
Sentence.
(a) If the benefit offered, conferred, or agreed to be conferred,
solicited, accepted or agreed to be accepted is less than $500,000,
commercial bribery or commercial bribe receiving is a Class A misdemeanor and
the sentence shall include, but not be limited to, a fine not to exceed $5,000.
(b) If the benefit offered, conferred, or agreed to be conferred,
solicited, accepted, or agreed to be accepted in violation of this Article is
$500,000 or more, the offender is guilty of a Class 3 felony.
(Source: P.A. 93-496, eff. 1-1-04.)
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720 ILCS 5/29A-4
(720 ILCS 5/29A-4)
Sec. 29A-4.
Corporate Crime Fund.
(a) In addition to any fines, penalties, and assessments otherwise
authorized under this Code, any person convicted of a violation of this
Article or Section 17-26 or 17-27 of this Code shall be assessed a penalty
of not more than 3 times the value of all
property involved in the criminal activity.
(b) The penalties assessed under subsection (a) shall be deposited into
the Corporate Crime Fund, a special fund hereby created in the State
treasury. Moneys in the Fund shall be used to make restitution to a person
who has suffered property loss as a result of violations of this Article. The
court may determine the reasonable amount, terms, and conditions of the
restitution. In determining the amount and method of payment of restitution,
the court shall take into account all financial resources of the defendant.
(Source: P.A. 93-496, eff. 1-1-04.)
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720 ILCS 5/Art. 29B
(720 ILCS 5/Art. 29B heading)
ARTICLE 29B.
MONEY LAUNDERING
|
720 ILCS 5/29B-0.5 (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.) |
720 ILCS 5/29B-1
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. Money laundering. (a) A person commits the offense of money laundering:
(1) when, knowing that the property involved in a | | financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct the financial transaction which in fact involves criminally derived property:
|
| (A) with the intent to promote the carrying on
| | of the unlawful activity from which the criminally derived property was obtained; or
|
| (B) where he or she knows or reasonably should
| | know that the financial transaction is designed in whole or in part:
|
| (i) to conceal or disguise the nature, the
| | location, the source, the ownership or the control of the criminally derived property; or
|
| (ii) to avoid a transaction reporting
| | requirement under State law; or
|
| (1.5) when he or she transports, transmits, or
| | transfers, or attempts to transport, transmit, or transfer a monetary instrument:
|
| (A) with the intent to promote the carrying on of
| | the unlawful activity from which the criminally derived property was obtained; or
|
| (B) knowing, or having reason to know, that the
| | financial transaction is designed in whole or in part:
|
| (i) to conceal or disguise the nature, the
| | location, the source, the ownership or the control of the criminally derived property; or
|
| (ii) to avoid a transaction reporting
| | requirement under State law; 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 in this Article; or
|
| (C) avoid a transaction reporting requirement
| |
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 or property used to conduct or facilitate specified criminal activity as defined in this Article.
|
|
(b) (Blank).
(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 but not exceeding $500,000 is a Class 1 felony;
|
|
(4) Money laundering in violation of subsection
| | (a)(2) of this Section is a Class X felony;
|
|
(5) Laundering of criminally derived property of a
| | value exceeding $500,000 is a Class 1 non-probationable felony;
|
|
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
| | this Section, the sentences are as follows:
|
| (A) Laundering of property of a value not
| | exceeding $10,000 is a Class 3 felony;
|
| (B) Laundering of property of a value exceeding
| | $10,000 but not exceeding $100,000 is a Class 2 felony;
|
| (C) Laundering of property of a value exceeding
| | $100,000 but not exceeding $500,000 is a Class 1 felony;
|
| (D) Laundering of property of a value exceeding
| | $500,000 is a Class 1 non-probationable felony.
|
| (Source: P.A. 99-480, eff. 9-9-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-759, eff. 1-1-19; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/29B-2 (720 ILCS 5/29B-2) Sec. 29B-2. Evidence in money laundering prosecutions. In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity: (1) a financial transaction was conducted or | | structured or attempted in violation of the reporting requirements of any State or federal law;
|
| (2) a financial transaction was conducted or
| | attempted with the use of a false or fictitious name or a forged instrument;
|
| (3) a falsely altered or completed written instrument
| | or a written instrument that contains any materially false personal identifying information was made, used, offered, or presented, whether accepted or not, in connection with a financial transaction;
|
| (4) a financial transaction was structured or
| | attempted to be structured so as to falsely report the actual consideration or value of the transaction;
|
| (5) a money transmitter, a person engaged in a trade
| | or business, or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record;
|
| (6) the criminally derived property is transported or
| | possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of the property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to the property;
|
| (7) a person pays or receives substantially less than
| | face value for one or more monetary instruments; or
|
| (8) a person engages in a transaction involving one
| | or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.
|
|
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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720 ILCS 5/29B-3 (720 ILCS 5/29B-3) Sec. 29B-3. Duty to enforce this Article. (a) It is the duty of the Illinois State Police, and its agents, officers, and investigators, to enforce this Article, except those provisions otherwise specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, or of any state, relating to money laundering. Only an agent, officer, or investigator designated by the Director may be authorized in accordance with this Section to serve seizure notices, warrants, subpoenas, and summonses under the authority of this State. (b) An agent, officer, investigator, or peace officer designated by the Director may: (1) make seizure of property under this Article; and (2) perform other law enforcement duties as the Director designates. It is the duty of all State's Attorneys to prosecute violations of this Article and institute legal proceedings as authorized under this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
720 ILCS 5/29B-4 (720 ILCS 5/29B-4) Sec. 29B-4. Protective orders and warrants for forfeiture purposes. (a) Upon application of the State, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in Section 29B-5 of this Article for forfeiture under this Article: (1) upon the filing of an indictment, information, or | | complaint charging a violation of this Article for which forfeiture may be ordered under this Article and alleging that the property with respect to which the order is sought would be subject to forfeiture under this Article; or
|
| (2) prior to the filing of the indictment,
| | information, or complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that:
|
| (A) there is probable cause to believe that the
| | State will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and
|
| (B) the need to preserve the availability of the
| | property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
|
| Provided, however, that an order entered under
| | paragraph (2) of this Section shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment, information, complaint, or administrative notice has been filed.
|
| (b) A temporary restraining order under this subsection (b) may be entered upon application of the State without notice or opportunity for a hearing when an indictment, information, complaint, or administrative notice has not yet been filed with respect to the property, if the State demonstrates that there is probable cause to believe that the property with respect to which the order is sought would be subject to forfeiture under this Article and that provision of notice will jeopardize the availability of the property for forfeiture. The temporary order shall expire not more than 30 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this subsection (b) shall be held at the earliest possible time and prior to the expiration of the temporary order.
(c) The court may receive and consider, at a hearing held under this Section, evidence and information that would be inadmissible under the Illinois rules of evidence.
(d) Under its authority to enter a pretrial restraining order under this Section, the court may order a defendant to repatriate any property that may be seized and forfeited and to deposit that property pending trial with the Illinois State Police or another law enforcement agency designated by the Illinois State Police. Failure to comply with an order under this Section is punishable as a civil or criminal contempt of court.
(e) The State may request the issuance of a warrant authorizing the seizure of property described in Section 29B-5 of this Article in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would be subject to forfeiture, the court shall issue a warrant authorizing the seizure of that property.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/29B-5 (720 ILCS 5/29B-5) Sec. 29B-5. Property subject to forfeiture. The following are subject to forfeiture: (1) any property, real or personal, constituting, | | derived from, or traceable to any proceeds the person obtained, directly or indirectly, as a result of a violation of this Article;
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| (2) any of the person's property used, or intended to
| | be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this Article;
|
| (3) all conveyances, including aircraft, vehicles, or
| | vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraphs (1) and (2) of this Section, but:
|
| (A) no conveyance used by any person as a common
| | carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Article;
|
| (B) no conveyance is subject to forfeiture under
| | this Article by reason of any act or omission which the owner proves to have been committed or omitted without his or her knowledge or consent;
|
| (C) a forfeiture of a conveyance encumbered by a
| | bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
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| (4) all real property, including any right, title,
| | and interest, including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation of this Article or that is the proceeds of any violation or act that constitutes a violation of this Article.
|
|
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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720 ILCS 5/29B-6 (720 ILCS 5/29B-6) Sec. 29B-6. Seizure. (a) Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made: (1) if the seizure is incident to a seizure warrant; (2) if the property subject to seizure has been the | | subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article;
|
| (3) if there is probable cause to believe that the
| | property is directly or indirectly dangerous to health or safety;
|
| (4) if there is probable cause to believe that the
| | property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or
|
| (5) in accordance with the Code of Criminal Procedure
| | (b) In the event of seizure under subsection (a) of this Section, forfeiture proceedings shall be instituted in accordance with this Article.
(c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.
(Source: P.A. 100-699, eff. 8-3-18.)
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720 ILCS 5/29B-7 (720 ILCS 5/29B-7) Sec. 29B-7. Safekeeping of seized property pending disposition. (a) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director. Upon receiving notice of seizure, the Director may: (1) place the property under seal; (2) remove the property to a place designated by the | | (3) keep the property in the possession of the
| | (4) remove the property to a storage area for
| | safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account;
|
| (5) place the property under constructive seizure by
| | posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property; or
|
| (6) provide for another agency or custodian,
| | including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the Director.
|
| (b) When property is forfeited under this Article, the Director shall sell all the property unless the property is required by law to be destroyed or is harmful to the public and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, under Section 29B-26 of this Article.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
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720 ILCS 5/29B-8 (720 ILCS 5/29B-8) Sec. 29B-8. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, within 60 days after seizure, notify the State's Attorney for the county, either where an act or omission giving rise to the forfeiture occurred or where the property was seized, of the seizure of the property and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. If the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle. This notice shall be by Form 4-64.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-9 (720 ILCS 5/29B-9) Sec. 29B-9. Preliminary review. (a) Within 28 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may conduct the review under subsection (a) of this Section simultaneously with a proceeding under Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a) of this Section. (e) Upon a finding of probable cause as required under this Section, the circuit court shall order the property subject to the applicable forfeiture Act held until the conclusion of any forfeiture proceeding.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-10 (720 ILCS 5/29B-10) Sec. 29B-10. Notice to owner or interest holder. (a) The first attempted service of notice shall be commenced within 28 days of the latter of filing of the verified claim or the receipt of the notice from the seizing agency by Form 4-64. A complaint for forfeiture or a notice of pending forfeiture shall be served on a claimant if the owner's or interest holder's name and current address are known, then by either: (1) personal service; or (2) mailing a copy of the notice by certified mail, return receipt requested, and first class mail to that address. (b) If no signed return receipt is received by the State's Attorney within 28 days of mailing or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall, within a reasonable period of time, mail a second copy of the notice by certified mail, return receipt requested, and first class mail to that address. If no signed return receipt is received by the State's Attorney within 28 days of the second mailing, or no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by the parties, the State's Attorney shall have 60 days to attempt to serve the notice by personal service, including substitute service by leaving a copy at the usual place of abode with some person of the family or a person residing there, of the age of 13 years or upwards. If, after 3 attempts at service in this manner, no service of the notice is accomplished, the notice shall be posted in a conspicuous manner at the address and service shall be made by the posting. The attempts at service and the posting, if required, shall be documented by the person attempting service which shall be made part of a return of service returned to the State's Attorney. The State's Attorney may utilize any Sheriff or Deputy Sheriff, a peace officer, a private process server or investigator, or an employee, agent, or investigator of the State's Attorney's Office to attempt service without seeking leave of court. (c) After the procedures listed are followed, service shall be effective on the owner or interest holder on the date of receipt by the State's Attorney of a return receipt, or on the date of receipt of a communication from an owner or interest holder documenting actual notice, whichever is first in time, or on the date of the last act performed by the State's Attorney in attempting personal service. For purposes of notice under this Section, if a person has been arrested for the conduct giving rise to the forfeiture, the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address. If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. (d) If the owner's or interest holder's address is not known, and is not on record as provided in this Section, service by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred shall suffice for service requirements. (e) Notice to any business entity, corporation, limited liability company, limited liability partnership, or partnership shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. (f) Notice to a person whose address is not within the State shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class
mail to that address. This notice is complete regardless of the return of a signed return receipt. (g) Notice to a person whose address is not within the United States shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt. If certified mail is not available in the foreign country where the person has an address, notice shall proceed by publication requirements under subsection (d) of this Section. (h) Notice to a person whom the State's Attorney reasonably should know is incarcerated within this State shall also include mailing a copy of the notice by certified mail, return receipt requested, and first class mail to the address of the detention facility with the inmate's name clearly marked on the envelope. (i) After a claimant files a verified claim with the State's Attorney and provides an address at which the claimant will accept service, the complaint shall be served and notice shall be complete upon the mailing of the complaint to the claimant at the address the claimant provided via certified mail, return receipt requested, and first class mail. No return receipt need be received, or any other attempts at service need be made to comply with service and notice requirements under this Section. This certified mailing, return receipt requested, shall be proof of service of the complaint on the claimant. If notice is to be shown by actual notice from communication with a claimant, then the State's Attorney shall file an affidavit as proof of service, providing details of the communication, which shall be accepted as proof of service by the court. (j) If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded by mailing a copy of the notice by certified mail, return receipt requested, to that address. (k) Notice served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
720 ILCS 5/29B-11 (720 ILCS 5/29B-11) Sec. 29B-11. Replevin prohibited. Property taken or detained under this Article shall not be subject to replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-12 (720 ILCS 5/29B-12) Sec. 29B-12. Non-judicial forfeiture. If non-real property that exceeds $20,000 in value excluding the value of any conveyance, or if real property is seized under the provisions of this Article, the State's Attorney shall institute judicial in rem forfeiture proceedings as described in Section 29B-13 of this Article within 28 days from receipt of notice of seizure from the seizing agency under Section 29B-8 of this Article. However, if non-real property that does not exceed $20,000 in value excluding the value of any conveyance is seized, the following procedure shall be used: (1) If, after review of the facts surrounding the | | seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then, within 28 days after the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with Section 29B-10 of this Article.
|
| (2) The notice of pending forfeiture shall include a
| | description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.
|
| (3)(A) Any person claiming an interest in property
| | that is the subject of notice under paragraph (1) of this Section, must, in order to preserve any rights or claims to the property, within 45 days after the effective date of notice as described in Section 29B-10 of this Article, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim shall set forth:
|
| (i) the caption of the proceedings as set forth
| | on the notice of pending forfeiture and the name of the claimant;
|
| (ii) the address at which the claimant will
| | (iii) the nature and extent of the claimant's
| | interest in the property;
|
| (iv) the date, identity of the transferor, and
| | circumstances of the claimant's acquisition of the interest in the property;
|
| (v) the names and addresses of all other persons
| | known to have an interest in the property;
|
| (vi) the specific provision of law relied on in
| | asserting the property is not subject to forfeiture;
|
| (vii) all essential facts supporting each
| | (viii) the relief sought.
(B) If a claimant files the claim, then the State's
| | Attorney shall institute judicial in rem forfeiture proceedings with the clerk of the court as described in Section 29B-13 of this Article within 28 days after receipt of the claim.
|
| (4) If no claim is filed within the 28-day period as
| | described in paragraph (3) of this Section, the State's Attorney shall declare the property forfeited and shall promptly notify the owner and all known interest holders of the property and the Director of the Illinois State Police of the declaration of forfeiture and the Director shall dispose of the property in accordance with law.
|
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
720 ILCS 5/29B-13 (720 ILCS 5/29B-13) Sec. 29B-13. Judicial in rem procedures. If property seized under this Article is non-real property that exceeds $20,000 in value excluding the value of any conveyance, or is real property, or a claimant has filed a claim under paragraph (3) of Section 29B-12 of this Article, the following judicial in rem procedures shall apply: (1) If, after a review of the facts surrounding the | | seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then, within 28 days of the receipt of notice of seizure by the seizing agency or the filing of the claim, whichever is later, the State's Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture. If authorized by law, a forfeiture shall be ordered by a court on an action in rem brought by a State's Attorney under a verified complaint for forfeiture.
|
| (2) A complaint of forfeiture shall include:
(A) a description of the property seized;
(B) the date and place of seizure of the
| | (C) the name and address of the law enforcement
| | agency making the seizure; and
|
| (D) the specific statutory and factual grounds
| | (3) The complaint shall be served upon the person
| | from whom the property was seized and all persons known or reasonably believed by the State to claim an interest in the property, as provided in Section 29B-10 of this Article. The complaint shall be accompanied by the following written notice:
|
| "This is a civil court proceeding subject to the Code
| | of Civil Procedure. You received this Complaint of Forfeiture because the State's Attorney's office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back."
|
| (4) Forfeiture proceedings under this Article shall
| | be subject to the Code of Civil Procedure and the rules of evidence relating to civil actions shall apply to proceedings under this Article with the following exception. The parties shall be allowed to use, and the court shall receive and consider, all relevant hearsay evidence that relates to evidentiary foundation, chain of custody, business records, recordings, laboratory analysis, laboratory reports, and relevant hearsay related to the use of technology in the investigation that resulted in the seizure of property that is subject to the forfeiture action.
|
| (5) Only an owner of or interest holder in the
| | property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. Upon motion of the State, the court shall first hold a hearing, in which a claimant shall establish by a preponderance of the evidence, that he or she has a lawful, legitimate ownership interest in the property and that it was obtained through a lawful source.
|
| (6) The answer must be signed by the owner or
| | interest holder under penalty of perjury and shall set forth:
|
| (A) the caption of the proceedings as set forth
| | on the notice of pending forfeiture and the name of the claimant;
|
| (B) the address at which the claimant will accept
| | (C) the nature and extent of the claimant's
| | interest in the property;
|
| (D) the date, identity of transferor, and
| | circumstances of the claimant's acquisition of the interest in the property;
|
| (E) the names and addresses of all other persons
| | known to have an interest in the property;
|
| (F) all essential facts supporting each
| | (G) the precise relief sought; and
(H) in a forfeiture action involving currency or
| | its equivalent, a claimant shall provide the State with notice of his or her intent to allege that the currency or its equivalent is not related to the alleged factual basis for the forfeiture, and why.
|
| The answer shall follow the rules under the Code of
| | (7) The answer shall be filed with the court within
| | 45 days after service of the civil in rem complaint.
|
| (8) The hearing shall be held within 60 days after
| | filing of the answer unless continued for good cause.
|
| (9) At the judicial in rem proceeding, in the State's
| | case in chief, the State shall show by a preponderance of the evidence that the property is subject to forfeiture. If the State makes such a showing, the claimant shall have the burden of production to set forth evidence that the property is not related to the alleged factual basis of the forfeiture. After this production of evidence, the State shall maintain the burden of proof to overcome this assertion. A claimant shall provide the State notice of its intent to allege that the currency or its equivalent is not related to the alleged factual basis of the forfeiture and why. As to conveyances, at the judicial in rem proceeding, in its case in chief, the State shall show by a preponderance of the evidence:
|
| (A) that the property is subject to forfeiture;
| | (B) at least one of the following:
(i) that the claimant was legally accountable
| | for the conduct giving rise to the forfeiture;
|
| (ii) that the claimant knew or reasonably
| | should have known of the conduct giving rise to the forfeiture;
|
| (iii) that the claimant knew or reasonably
| | should have known that the conduct giving rise to the forfeiture was likely to occur;
|
| (iv) that the claimant held the property for
| | the benefit of, or as nominee for, any person whose conduct gave rise to its forfeiture;
|
| (v) that if the claimant acquired the
| | interest through any person engaging in any of the conduct described above or conduct giving rise to the forfeiture:
|
| (a) the claimant did not acquire it as a
| | bona fide purchaser for value; or
|
| (b) the claimant acquired the interest
| | under the circumstances that the claimant reasonably should have known the property was derived from, or used in, the conduct giving rise to the forfeiture; or
|
| (vi) that the claimant is not the true owner
| | of the property that is subject to forfeiture.
|
| (10) If the State does not meet its burden to show
| | that the property is subject to forfeiture, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does meet its burden to show that the property is subject to forfeiture, the court shall order all property forfeited to the State.
|
| (11) A defendant convicted in any criminal proceeding
| | is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.
|
| (12) On a motion by the parties, the court may stay
| | civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a money laundering violation. Such a stay shall not be available pending an appeal. Property subject to forfeiture under this Article shall not be subject to return or release by a court exercising jurisdiction over a criminal case involving the seizure of the property unless the return or release is consented to by the State's Attorney.
|
|
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/29B-14 (720 ILCS 5/29B-14) Sec. 29B-14. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific facts that support each assertion: (1) that the claimant filing the motion is the true | | owner of the conveyance as interpreted by case law;
|
| (2) that the claimant was not legally accountable for
| | the conduct giving rise to the forfeiture or acquiesced in the conduct;
|
| (3) that the claimant did not solicit, conspire, or
| | attempt to commit the conduct giving rise to the forfeiture;
|
| (4) that the claimant did not know or did not have
| | reason to know that the conduct giving rise to the forfeiture was likely to occur; and
|
| (5) that the claimant did not hold the property for
| | the benefit of, or as nominee for, any person whose conduct gave rise to its forfeiture, or if the claimant acquired the interest through any person, the claimant acquired it as a bona fide purchaser for value or acquired the interest without knowledge of the seizure of the property for forfeiture.
|
| (b) The claimant's motion shall include specific facts supporting these assertions.
(c) Upon this filing, a hearing may only be conducted after the parties have been given the opportunity to conduct limited discovery as to the ownership and control of the property, the claimant's knowledge, or any matter relevant to the issues raised or facts alleged in the claimant's motion. Discovery shall be limited to the People's requests in these areas but may proceed by any means allowed in the Code of Civil Procedure.
(1) After discovery is complete and the court has
| | allowed for sufficient time to review and investigate the discovery responses, the court shall conduct a hearing. At the hearing, the fact that the conveyance is subject to forfeiture shall not be at issue. The court shall only hear evidence relating to the issue of innocent ownership.
|
| (2) At the hearing on the motion, it shall be the
| | burden of the claimant to prove each of the assertions listed in subsection (a) of this Section by a preponderance of the evidence.
|
| (3) If a claimant meets his or her burden of proof,
| | the court shall grant the motion and order the property returned to the claimant. If the claimant fails to meet his or her burden of proof, then the court shall deny the motion and the forfeiture case shall proceed according to the Code of Civil Procedure.
|
|
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/29B-15 (720 ILCS 5/29B-15) Sec. 29B-15. Burden and commencement of forfeiture action. (a) Notwithstanding any other provision of this Article, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if: (1) a finding of not guilty is entered as to all | | counts and all defendants in a criminal proceeding relating to the conduct giving rise to the forfeiture action; or
|
| (2) the State receives an adverse finding at a
| | preliminary hearing and fails to secure an indictment in a criminal proceeding relating to the factual allegations of the forfeiture action.
|
| (b) All property declared forfeited under this Article vests in the State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Except as otherwise provided in this Article, title to any property or proceeds subject to forfeiture subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the person to whom the property was transferred makes an appropriate claim and has his or her claim adjudicated at the judicial in rem hearing.
(c) A civil action under this Article shall be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.
(Source: P.A. 100-699, eff. 8-3-18.)
|
720 ILCS 5/29B-16 (720 ILCS 5/29B-16) Sec. 29B-16. Joint tenancy or tenancy in common. If property is ordered forfeited under this Section from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner's interest in the property according to principles of property law.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-17 (720 ILCS 5/29B-17) Sec. 29B-17. Exception for bona fide purchasers. No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bona fide purchaser for value. A person who purports to effect transfer of property after receiving actual or constructive notice that the property is subject to seizure or forfeiture is guilty of contempt of court and shall be liable to the State for a penalty in the amount of the fair market value of the property.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
720 ILCS 5/29B-18 (720 ILCS 5/29B-18) Sec. 29B-18. Proportionality. Property that is forfeited shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment as interpreted by case law.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-19 (720 ILCS 5/29B-19) Sec. 29B-19. Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evidence.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-20 (720 ILCS 5/29B-20) Sec. 29B-20. Settlement of claims. Notwithstanding other provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon such terms as are set out in writing in a settlement agreement. All proceeds from a settlement agreement shall be tendered to the Illinois State Police and distributed under Section 29B-26 of this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
720 ILCS 5/29B-21 (720 ILCS 5/29B-21) Sec. 29B-21. Attorney's fees. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating directly thereto if the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and if the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 102-558, eff. 8-20-21.) |
720 ILCS 5/29B-22 (720 ILCS 5/29B-22) Sec. 29B-22. Construction. (a) It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law. (b) The changes made to this Article by Public Act 100-512 and Public Act 100-699 are subject to Section 2 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
720 ILCS 5/29B-23 (720 ILCS 5/29B-23) Sec. 29B-23. Judicial review. If property has been declared forfeited under Section 29B-12 of this Article, any person who has an interest in the property declared forfeited may, within 30 days after the effective date of the notice of the declaration of forfeiture, file a claim as described in paragraph (3) of Section 29B-12 of this Article. If a claim is filed under this Section, then the procedures described in Section of 29B-13 of this Article apply.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-24 (720 ILCS 5/29B-24) Sec. 29B-24. Review of administrative decisions. All administrative findings, rulings, final determinations, findings, and conclusions of the State's Attorney's Office under this Article are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision under the provisions of the Administrative Review Law and the rules adopted under that Law. Pending final decision on such review, the administrative acts, orders, and rulings of the State's Attorney's Office remain in full force and effect unless modified or suspended by order of court pending final judicial decision. Pending final decision on such review, the acts, orders, and rulings of the State's Attorney's Office remain in full force and effect, unless stayed by order of court. However, no stay of any decision of the administrative agency shall issue unless the person aggrieved by the decision establishes by a preponderance of the evidence that good cause exists for the stay. In determining good cause, the court shall find that the aggrieved party has established a substantial likelihood of prevailing on the merits and that granting the stay will not have an injurious effect on the general public.
(Source: P.A. 100-699, eff. 8-3-18.) |
720 ILCS 5/29B-25 (720 ILCS 5/29B-25) Sec. 29B-25. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasonable time not to exceed 7 days, unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason. (b) The law enforcement agency that holds custody of property is responsible for any damages, storage fees, and related costs applicable to property returned. The claimant shall not be subject to any charges by the State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This Section does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government. (c) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use and the justification shall be retained for a period of not less than 3 years. (d) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in a non-judicial forfeiture action, or a motion with the court in a judicial forfeiture action for the return of any personal property contained within a conveyance that is seized under this Article. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. Any law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if it is returned to an improper party.
(Source: P.A. 102-538, eff. 8-20-21.) |
720 ILCS 5/29B-26 (720 ILCS 5/29B-26) Sec. 29B-26. Distribution of proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Article shall be distributed as follows: (1) 65% shall be distributed to the metropolitan | | enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used for the enforcement of laws.
|
| (2)(i) 12.5% shall be distributed to the Office of
| | the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws. In counties over 3,000,000 population, 25% shall be distributed to the Office of the State's Attorney for use in the enforcement of laws. If the prosecution is undertaken solely by the Attorney General, the portion provided under this subparagraph (i) shall be distributed to the Attorney General for use in the enforcement of laws.
|
| (ii) 12.5% shall be distributed to the Office of the
| | State's Attorneys Appellate Prosecutor and deposited in the Narcotics Profit Forfeiture Fund of that office to be used for additional expenses incurred in the investigation, prosecution, and appeal of cases arising under laws. The Office of the State's Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.
|
| (3) 10% shall be retained by the Illinois State
| | Police for expenses related to the administration and sale of seized and forfeited property.
|
| Moneys and the sale proceeds distributed to the Illinois State Police under this Article shall be deposited in the Money Laundering Asset Recovery Fund created in the State treasury and shall be used by the Illinois State Police for State law enforcement purposes. All moneys and sale proceeds of property forfeited and seized under this Article and distributed according to this Section may also be used to purchase opioid antagonists as defined in Section 5-23 of the Substance Use Disorder Act.
(Source: P.A. 102-538, eff. 8-20-21.)
|
720 ILCS 5/29B-27 (720 ILCS 5/29B-27) Sec. 29B-27. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
720 ILCS 5/Art. 29C
(720 ILCS 5/Art. 29C heading)
ARTICLE 29C.
INTERNATIONAL TERRORISM
(Repealed by P.A. 92-854, eff. 12-5-02)
|
720 ILCS 5/29C-5
(720 ILCS 5/29C-5)
Sec. 29C-5.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
|
720 ILCS 5/29C-10
(720 ILCS 5/29C-10)
Sec. 29C-10.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
|
720 ILCS 5/29C-15
(720 ILCS 5/29C-15)
Sec. 29C-15.
(Repealed).
(Source: P.A. 89-515, eff. 1-1-97. Repealed by P.A. 92-854, eff. 12-5-02.)
|
720 ILCS 5/Art. 29D
(720 ILCS 5/Art. 29D heading)
ARTICLE 29D.
TERRORISM
|
720 ILCS 5/29D-5
(720 ILCS 5/29D-5)
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.
(Source: P.A. 92-854, eff. 12-5-02.)
|
720 ILCS 5/29D-10
(720 ILCS 5/29D-10)
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. (g-5) "Animal feed" means an article
that is intended for use for food for animals other than humans
and that is intended for use as a substantial source of nutrients
in the diet of the animal, and is not limited to a mixture intended to
be the sole ration of the animal. (g-10) "Contagious or infectious disease" means a specific disease designated by the Illinois Department of Agriculture as contagious or infectious under rules pertaining to the Illinois Diseased Animals Act. (g-15) "Processed food" means any food other than a raw agricultural
commodity and includes any raw agricultural commodity that
has been subject to processing, such as canning, cooking, freezing,
dehydration, or milling. (g-20) "Raw agricultural commodity" means any food in its raw or
natural state, including all fruits that are washed, colored, or otherwise
treated in their unpeeled natural form prior to marketing and honey that is in the comb or that is removed from the comb and in an unadulterated condition.
(g-25) "Endangering the food supply" means to knowingly: (1) bring into this State any domestic animal that | | is affected with any contagious or infectious disease or any animal that has been exposed to any contagious or infectious disease;
|
| (2) expose any animal in this State to any contagious
| | (3) deliver any poultry that is infected with any
| | contagious or infectious disease to any poultry producer pursuant to a production contract;
|
| (4) except as permitted under the Insect Pest and
| | Plant Disease Act, bring or release into this State any insect pest or expose any plant to an insect pest; or
|
| (5) expose any raw agricultural commodity, animal
| | feed, or processed food to any contaminant or contagious or infectious disease.
|
| "Endangering the food supply" does not include bona fide experiments and actions related to those experiments carried on by commonly recognized research facilities or actions by agricultural producers and animal health professionals who may inadvertently contribute to the spread of detrimental biological agents while employing generally acceptable management practices.
(g-30) "Endangering the water supply" means to knowingly contaminate a public or private water well or water reservoir or any water supply of a public utility or tamper with the production of bottled or packaged water or tamper with bottled or packaged water at a retail or wholesale mercantile establishment. "Endangering the water supply" does not include contamination of a public or private well or water reservoir
or any water supply of a public utility that may occur inadvertently
as part of the operation of a public utility or electrical generating station.
(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 (except for acts that occur inadvertently and as the result of
operation of the facility that produces or distributes 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; (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; (8) endangering the food supply; or (9) endangering the water supply.
(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
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(3) provide the person with money, transportation, a
| | weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension;
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(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;
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(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;
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(6) aid the person to protect or expeditiously profit
| | from an advantage derived from the crime; or
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(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.
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(Source: P.A. 96-1028, eff. 1-1-11.)
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720 ILCS 5/29D-14.9
(720 ILCS 5/29D-14.9)
(was 720 ILCS 5/29D-30)
Sec. 29D-14.9. Terrorism.
(a) A person commits the offense 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
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(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.
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(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;
if the terrorist act caused the death of one or more persons, however, a mandatory term
of natural life imprisonment shall be the sentence if the death
penalty is not imposed and the person has attained the age of 18 years at the time of the commission of the offense. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16 .)
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720 ILCS 5/29D-15
(720 ILCS 5/29D-15)
Sec. 29D-15.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/29D-15.1
(720 ILCS 5/29D-15.1)
(was 720 ILCS 5/20.5-5)
Sec. 29D-15.1. Causing a catastrophe.
(a) A person commits the offense of causing a catastrophe if he or she
knowingly causes a catastrophe by explosion, fire, flood, collapse of a
building, or release of poison, radioactive material, bacteria, virus, or other
dangerous and difficult to confine force or substance.
(b) As used in this Section, "catastrophe" means serious physical
injury to 5 or more persons, substantial damage to 5 or more buildings or
inhabitable structures, or substantial damage to a vital public facility that
seriously impairs its usefulness or operation; and "vital public facility"
means
a facility that is necessary to ensure or protect the public health, safety, or
welfare, including, but not limited to, a hospital, a law enforcement agency, a fire
department, a private or public utility company, a national defense contractor, a
facility of the armed forces, or an emergency services agency.
(c) Sentence. Causing a catastrophe is a Class X felony.
(Source: P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/29D-15.2
(720 ILCS 5/29D-15.2)
(was 720 ILCS 5/20.5-6)
Sec. 29D-15.2. Possession of a deadly substance.
(a) A person commits the offense of possession of a deadly substance when he
or she possesses, manufactures, or transports any poisonous gas,
deadly biological or chemical contaminant or agent, or
radioactive substance either with the intent to use that gas, biological or
chemical contaminant or agent, or radioactive substance to commit a felony
or with the knowledge that another person intends to use that gas, biological
or chemical
contaminant or agent, or radioactive substance to commit a felony.
(b) Sentence. Possession of a deadly substance is a Class 1 felony for
which a person, if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 4 years and not more than 30 years.
(Source: P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/29D-20
(720 ILCS 5/29D-20)
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.
(d) In addition to any other sentence that may be imposed, the court shall
order any person convicted of making a terrorist threat involving a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96-413, eff. 8-13-09.)
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720 ILCS 5/29D-25
(720 ILCS 5/29D-25)
Sec. 29D-25. Falsely making a terrorist threat.
(a) A person commits the offense 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 29D-15.1 (720 ILCS 5/29D-15.1) of
this Code that he or she knows is false.
(b) Sentence. Falsely making a terrorist threat is a Class 1
felony.
(c) In addition to any other sentence that may be imposed, the court shall
order any person convicted of falsely making a terrorist threat, involving a threat that a bomb or explosive device has been placed in a school in which the offender knows that such bomb or explosive device was not placed in the school, to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance. (Source: P.A. 96-413, eff. 8-13-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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720 ILCS 5/29D-29.9
(720 ILCS 5/29D-29.9)
(was 720 ILCS 5/29D-15)
Sec. 29D-29.9. Material support for terrorism. (a) A person commits the offense of soliciting or providing material support for terrorism
if he or she knowingly raises, solicits, collects, or provides material support or
resources knowing that the material support or resources will be used, in
whole or in part, to plan, prepare, carry out, facilitate, or avoid apprehension for
committing terrorism as defined in Section 29D-14.9 (720 ILCS 5/29D-14.9) or causing a catastrophe as
defined in Section 29D-15.1 (720 ILCS 5/29D-15.1) of
this Code, or who knows and intends that the material support or resources so
raised,
solicited, collected, or provided 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) Sentence. Soliciting or providing 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.
(Source: P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/29D-30
(720 ILCS 5/29D-30)
Sec. 29D-30.
(Renumbered).
(Source: Renumbered by P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/29D-35
(720 ILCS 5/29D-35)
Sec. 29D-35. Hindering prosecution of terrorism.
(a) A person commits the offense of hindering prosecution of terrorism when
he or she renders criminal assistance to a person who has committed
terrorism as defined in Section 29D-14.9 or caused a catastrophe as defined in
Section 29D-15.1 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. An offender under the age of 18 years at the time of the commission of the offense shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16 .)
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720 ILCS 5/29D-35.1 (720 ILCS 5/29D-35.1) Sec. 29D-35.1. Boarding or attempting to board an aircraft with weapon.
(a) It is unlawful for any person to board or attempt to board any
commercial or charter aircraft, knowingly having in his or her possession any firearm,
explosive of any type, or other lethal or dangerous weapon.
(b) This Section does not apply to any person authorized by either the federal
government or any state government to carry firearms, but the person so
exempted from the provisions of this Section shall notify the commander of any
aircraft he or she is about to board that he or she does possess a firearm and show
identification satisfactory to the aircraft commander that he or she is authorized
to carry that firearm. (c) Any person purchasing a ticket to board any commercial or charter
aircraft shall by that purchase consent to a search of his or her person or
personal belongings by the company selling the ticket to him or her. The person
may refuse to submit to a search of his or her person or personal belongings by
the aircraft company, but the person refusing may be denied the right to
board the commercial or charter aircraft at the discretion of the carrier.
Such a refusal creates no inference of unlawful conduct. (d) Any evidence of criminal activity found during a search made pursuant to
this Section shall be admissible in legal proceedings for the sole purpose of
supporting a charge of violation of this Section and is inadmissible as
evidence in any legal proceeding for any other purpose, except in the prosecution
of offenses related to weapons as set out in Article 24 of this Code. (e) No action may be brought against any commercial or charter airline
company operating in this State for the refusal of that company to permit
a person to board any aircraft if that person refused to be searched as
set out in subsection (c) of this Section. (f) Violation of this Section is a Class 4 felony.
(Source: P.A. 96-710, eff. 1-1-10.) |
720 ILCS 5/29D-40
(720 ILCS 5/29D-40)
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.
(Source: P.A. 92-854, eff. 12-5-02.)
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720 ILCS 5/29D-45
(720 ILCS 5/29D-45)
Sec. 29D-45.
Limitations.
A prosecution for any offense in
this Article may be commenced at any time.
(Source: P.A. 92-854, eff. 12-5-02.)
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720 ILCS 5/29D-60
(720 ILCS 5/29D-60)
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.
(Source: P.A. 92-854, eff. 12-5-02.)
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720 ILCS 5/29D-65
(720 ILCS 5/29D-65)
Sec. 29D-65. Forfeiture of property acquired in connection with a violation of this Article; property freeze or seizure. (a) If there is probable cause to believe that a person used, is using, is about to use, or is intending to use property in a way that would violate this Article, then that person's assets may be frozen or seized pursuant to Part 800 of Article 124B of the Code of Criminal Procedure of 1963.
(b)
Any person who commits any offense under this Article is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963. Forfeiture under this subsection may be
pursued in addition to or in lieu of proceeding under
Section 124B-805 (property freeze or seizure; ex parte proceeding) of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/29D-70
(720 ILCS 5/29D-70)
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.
(Source: P.A. 92-854, eff. 12-5-02.)
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720 ILCS 5/Tit. III Pt. E
(720 ILCS 5/Tit. III Pt. E heading)
PART E.
OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
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720 ILCS 5/Art. 30
(720 ILCS 5/Art. 30 heading)
ARTICLE 30.
TREASON AND RELATED OFFENSES
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720 ILCS 5/30-1
(720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
Sec. 30-1. Treason. (a) A person owing allegiance to this
State commits treason when he or she knowingly:
(1) levies war against this State; or
(2) adheres to the enemies of this State, giving them | |
(b) No person may be convicted of treason except on the
testimony of 2 witnesses to the same overt act, or on his
confession in open court.
(c) Sentence. Treason is a Class X felony.
(Source: P.A. 103-51, eff. 1-1-24 .)
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720 ILCS 5/30-2
(720 ILCS 5/30-2) (from Ch. 38, par. 30-2)
Sec. 30-2. Misprision of treason.
(a) A person owing allegiance to this State commits misprision of
treason when he or she knowingly conceals or withholds his or her knowledge that another has
committed treason against this State.
(b) Sentence.
Misprision of treason is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/30-3
(720 ILCS 5/30-3) (from Ch. 38, par. 30-3)
Sec. 30-3.
Advocating overthrow of Government.
A person who advocates, or with knowledge of its contents knowingly
publishes, sells or distributes any document which advocates or with
knowledge of its purpose, knowingly becomes a member of any organization
which advocates the overthrow or reformation of the existing form of
government of this State by violence or unlawful means commits a Class 3
felony.
(Source: P.A. 77-2638.)
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720 ILCS 5/Art. 31
(720 ILCS 5/Art. 31 heading)
ARTICLE 31.
INTERFERENCE WITH PUBLIC OFFICERS
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720 ILCS 5/31-1
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional
institution employee. (a) A person who knowingly: (1) resists arrest, or (2) obstructs the performance by one known to the | | person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity commits a Class A misdemeanor.
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(a-5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional
institution employee to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service.
(a-7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer, firefighter, or correctional
institution employee is guilty of a Class 4
felony.
(b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half-way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised
release, or awaiting a hearing or preliminary hearing on setting the conditions of pretrial release, or who
are
sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person, pipe person, and any
other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person.
(d) A person shall not be subject to arrest for resisting arrest under this Section unless there is an underlying offense for which the person was initially subject to arrest.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21 .)
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720 ILCS 5/31-1a
(720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
Sec. 31-1a. Disarming a peace officer or correctional institution
employee. (a) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31-1,
takes a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 1 felony.
(b) A person who, without the consent of a peace officer or
correctional institution employee as defined in subsection (b) of Section 31-1,
attempts to take a weapon from
a person known to him or her to be
a peace officer or correctional institution employee, while the peace
officer or correctional institution employee is engaged in the performance
of
his or her official duties or from an area within the
peace officer's or correctional institution employee's immediate presence
is guilty of a Class 2 felony. (Source: P.A. 96-348, eff. 8-12-09.)
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720 ILCS 5/31-3
(720 ILCS 5/31-3) (from Ch. 38, par. 31-3)
Sec. 31-3.
Obstructing service of process.
Whoever knowingly resists or obstructs the authorized service or
execution of any civil or criminal process or order of any court commits a
Class B misdemeanor.
(Source: P.A. 77-2638.)
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720 ILCS 5/31-4
(720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
Sec. 31-4. Obstructing justice.
(a) A person obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he or she knowingly commits
any of the following acts:
(1) Destroys, alters, conceals or disguises physical | | evidence, plants false evidence, furnishes false information; or
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(2) Induces a witness having knowledge material to
| | the subject at issue to leave the State or conceal himself or herself; or
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(3) Possessing knowledge material to the subject at
| | issue, he or she leaves the State or conceals himself; or
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| (4) If a parent, legal guardian, or caretaker of a
| | child under 13 years of age reports materially false information to a law enforcement agency, medical examiner, coroner, State's Attorney, or other governmental agency during an investigation of the disappearance or death of a child under circumstances described in subsection (a) or (b) of Section 10-10 of this Code.
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(b) Sentence.
(1) Obstructing justice is a Class 4 felony, except
| | as provided in paragraph (2) of this subsection (b).
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(2) Obstructing justice in furtherance of streetgang
| | related or gang-related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, is a Class 3 felony.
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(Source: P.A. 97-1079, eff. 1-1-13.)
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720 ILCS 5/31-4.5 (720 ILCS 5/31-4.5) Sec. 31-4.5. Obstructing identification. (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the | | peace officer has good cause to believe is a witness to a criminal offense.
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| (b) Sentence. Obstructing identification is a Class A misdemeanor.
(Source: P.A. 96-335, eff. 1-1-10.)
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720 ILCS 5/31-5
(720 ILCS 5/31-5) (from Ch. 38, par. 31-5)
Sec. 31-5. Concealing or aiding a fugitive.
(a) Every person not standing in the relation of husband, wife, parent,
child, brother or sister to the offender, who, with intent to prevent the
apprehension of the offender, conceals his knowledge that an offense has
been committed or harbors, aids or conceals the offender, commits a Class 4
felony. (b) Every person, 18 years of age or older, who, with
intent to prevent the apprehension of the offender, aids or
assists the offender, by some volitional act, in fleeing the
municipality, county, State, country, or other defined
jurisdiction in which the offender is to be arrested, charged,
or prosecuted, commits a Class 4 felony.
(Source: P.A. 97-741, eff. 1-1-13.)
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720 ILCS 5/31-6
(720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
Sec. 31-6. Escape; failure to report to a penal institution or to report
for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a
felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody
of an employee of that institution commits a Class 2 felony; however, a person
convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or
to report for periodic imprisonment at any time or knowingly fails to return
from furlough or from work and day release or who knowingly fails to abide
by the terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with the
commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person convicted
of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to
report for periodic imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails to abide by
the terms of home confinement is guilty of a Class B misdemeanor.
(b-1) A person in the custody of the Department of Human Services under the
provisions of the Sexually Violent Persons Commitment Act under a detention order, commitment order, conditional release order, or other court order who intentionally
escapes from any secure residential facility or from a Department employee or any of its agents commits a Class 2 felony.
(c) A person in the lawful custody of a peace officer for the alleged
commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody
commits a Class 2 felony; however, a person in the lawful custody of a
peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who
intentionally escapes from custody commits a Class A misdemeanor.
(c-5) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of probation, conditional discharge, parole, aftercare release,
or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes
from custody is guilty of a Class 2 felony.
(c-6) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of supervision, probation, or conditional
discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is
guilty of a Class A misdemeanor.
(d) A person who violates this Section
while armed with a dangerous weapon commits a Class 1 felony.
(Source: P.A. 98-558, eff. 1-1-14; 98-770, eff. 1-1-15 .)
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720 ILCS 5/31-7
(720 ILCS 5/31-7) (from Ch. 38, par. 31-7)
Sec. 31-7. Aiding escape.
(a) Whoever, with intent to aid any prisoner in
escaping from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits a Class A
misdemeanor.
(b) Whoever knowingly aids a person convicted of a felony or charged
with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in escaping from any penal institution or
from the custody of any employee of that institution commits a Class 2
felony; however, whoever knowingly aids a person convicted of a felony
or charged with the commission of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, in failing to return from furlough
or from work and day release is guilty of a Class 3 felony.
(c) Whoever knowingly aids a person convicted of a misdemeanor or
charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in escaping from any penal
institution or from the custody of an employee of that institution commits
a Class A misdemeanor; however, whoever knowingly aids a person convicted
of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, in failing
to return from furlough or from work and day release is guilty of a Class
B misdemeanor.
(d) Whoever knowingly aids a person in escaping from any public
institution, other than a penal institution, in which he is lawfully
detained, or from the custody of an employee of that institution, commits a
Class A misdemeanor.
(e) Whoever knowingly aids a person in the lawful custody of a peace
officer for the alleged commission of a felony offense or an act which, if committed by an adult, would constitute a felony, in escaping from
custody commits a Class 2 felony; however, whoever knowingly aids a
person in the lawful custody of a peace officer for the alleged commission of
a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, in escaping from custody commits a Class A misdemeanor.
(f) An officer or employee of any penal institution who recklessly
permits any prisoner in his custody to escape commits a Class A
misdemeanor.
(f-5) With respect to a person in the lawful custody of a peace
officer for an alleged violation of a term or condition of probation,
conditional discharge, parole, aftercare release, or mandatory supervised release for a felony,
whoever intentionally aids that person to escape from that custody is guilty of
a Class 2 felony.
(f-6) With respect to a person who is in the lawful custody of a peace
officer for an alleged violation of a term or condition of supervision,
probation, or conditional discharge for a misdemeanor, whoever intentionally
aids that person to escape from that custody is guilty of a Class A
misdemeanor.
(g) A person who violates this Section while armed with a dangerous weapon
commits a Class 2 felony.
(Source: P.A. 98-558, eff. 1-1-14.)
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720 ILCS 5/31-8
(720 ILCS 5/31-8) (from Ch. 38, par. 31-8)
Sec. 31-8.
Refusing
to aid an officer.
Whoever upon command refuses or knowingly fails reasonably to aid a
person known by him to be a peace officer in:
(a) Apprehending a person whom the officer is authorized to apprehend;
or
(b) Preventing the commission by another of any offense, commits a petty
offense.
(Source: P.A. 77-2638.)
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720 ILCS 5/31-9 (720 ILCS 5/31-9)
Sec. 31-9. Obstructing an emergency management worker. A person who
knowingly obstructs the performance by one known to the person to be an
emergency management worker of any authorized act within his or her official
capacity commits a Class A misdemeanor.
(Source: P.A. 94-243, eff. 1-1-06.) |
720 ILCS 5/Art. 31A
(720 ILCS 5/Art. 31A heading)
ARTICLE 31A.
INTERFERENCE WITH PENAL INSTITUTION
|
720 ILCS 5/31A-0.1 (720 ILCS 5/31A-0.1) Sec. 31A-0.1. Definitions. For the purposes of this Article: "Deliver" or "delivery" means the actual, constructive or attempted
transfer of possession of an item of contraband, with or without consideration,
whether or not there is an agency relationship. "Employee" means any elected or appointed officer, trustee or
employee of a penal institution or of the governing authority of the penal
institution, or any person who performs services for the penal institution
pursuant to contract with the penal institution or its governing
authority. "Item of contraband" means any of the following: (i) "Alcoholic liquor" as that term is defined in | | Section 1-3.05 of the Liquor Control Act of 1934.
|
| (ii) "Cannabis" as that term is defined in subsection
| | (a) of Section 3 of the Cannabis Control Act.
|
| (iii) "Controlled substance" as that term is defined
| | in the Illinois Controlled Substances Act.
|
| (iii-a) "Methamphetamine" as that term is defined in
| | the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act.
|
| (iv) "Hypodermic syringe" or hypodermic needle, or
| | any instrument adapted for use of controlled substances or cannabis by subcutaneous injection.
|
| (v) "Weapon" means any knife, dagger, dirk, billy,
| | razor, stiletto, broken bottle, or other piece of glass which could be used as a dangerous weapon. This term includes any of the devices or implements designated in subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of this Code, or any other dangerous weapon or instrument of like character.
|
| (vi) "Firearm" means any device, by whatever name
| | known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, including but not limited to:
|
| (A) any pneumatic gun, spring gun, or B-B gun
| | which expels a single globular projectile not exceeding .18 inch in diameter; or
|
| (B) any device used exclusively for signaling or
| | safety and required as recommended by the United States Coast Guard or the Interstate Commerce Commission; or
|
| (C) any device used exclusively for the firing of
| | stud cartridges, explosive rivets or industrial ammunition; or
|
| (D) any device which is powered by electrical
| | charging units, such as batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him or her incapable of normal functioning, commonly referred to as a stun gun or taser.
|
| (vii) "Firearm ammunition" means any self-contained
| | cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm, including but not limited to:
|
| (A) any ammunition exclusively designed for use
| | with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or
|
| (B) any ammunition designed exclusively for use
| | with a stud or rivet driver or other similar industrial ammunition.
|
| (viii) "Explosive" means, but is not limited to,
| | bomb, bombshell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes such as black powder bombs and Molotov cocktails or artillery projectiles.
|
| (ix) "Tool to defeat security mechanisms" means, but
| | is not limited to, handcuff or security restraint key, tool designed to pick locks, popper, or any device or instrument used to or capable of unlocking or preventing from locking any handcuff or security restraints, doors to cells, rooms, gates or other areas of the penal institution.
|
| (x) "Cutting tool" means, but is not limited to,
| | hacksaw blade, wirecutter, or device, instrument or file capable of cutting through metal.
|
| (xi) "Electronic contraband" for the purposes of
| | Section 31A-1.1 of this Article means, but is not limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer. "Electronic contraband" for the purposes of Section 31A-1.2 of this Article, means, but is not limited to, any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment.
|
| "Penal institution" means any penitentiary, State farm,
reformatory, prison, jail, house of correction, police detention area,
half-way house or other institution or place for the incarceration or
custody of persons under sentence for offenses awaiting trial or sentence
for offenses, under arrest for an offense, a violation of probation, a
violation of parole, a violation of aftercare release, or a violation of mandatory supervised release, or
awaiting a hearing on the setting of conditions of pretrial release or preliminary hearing; provided that where
the place for incarceration or custody is housed within another public
building this Article shall not apply to that part of the building unrelated
to the incarceration or custody of persons.
(Source: P.A. 101-652, eff. 1-1-23 .)
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720 ILCS 5/31A-1.1 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) Sec. 31A-1.1. Bringing Contraband into a Penal Institution;
Possessing Contraband in a Penal Institution. (a) A person commits bringing contraband into a penal
institution when he or she knowingly and without authority of any person designated
or authorized to grant this authority (1) brings an item of contraband into
a penal institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give an
inmate access to the contraband. (b) A person commits possessing contraband in a
penal institution when he or she knowingly possesses contraband in a penal institution,
regardless of the intent with which he or she possesses it. (c) (Blank). (d) Sentence. (1) Bringing into or possessing alcoholic liquor in a | | penal institution is a Class 4 felony.
|
| (2) Bringing into or possessing cannabis in a penal
| | institution is a Class 3 felony.
|
| (3) Bringing into or possessing any amount of a
| | controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act in a penal institution is a Class 2 felony.
|
| (4) Bringing into or possessing any amount of a
| | controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act in a penal institution is a Class 1 felony.
|
| (5) Bringing into or possessing a hypodermic syringe
| | in a penal institution is a Class 1 felony.
|
| (6) Bringing into or possessing a weapon, tool to
| | defeat security mechanisms, cutting tool, or electronic contraband in a penal institution is a Class 1 felony.
|
| (7) Bringing into or possessing a firearm, firearm
| | ammunition, or explosive in a penal institution is a Class X felony.
|
| (e) It shall be an affirmative defense to subsection
(b), that
the possession was specifically authorized by rule, regulation, or
directive of the governing authority of the penal institution or order
issued under it.
(f) It shall be an affirmative defense to subsection (a)(1) and
subsection (b) that the person bringing into or possessing
contraband in a penal institution had been arrested, and that person
possessed the contraband at the time of his
or her arrest, and that the contraband was brought into or possessed in the penal
institution by that person as a direct and immediate result of his or her arrest.
(g) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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720 ILCS 5/31A-1.2 (720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) Sec. 31A-1.2. Unauthorized bringing of contraband into a penal institution
by an employee; unauthorized possessing of contraband in a penal institution by
an employee; unauthorized delivery of contraband in a penal institution by an
employee. (a) A person commits unauthorized bringing of contraband into
a penal institution by an employee when a person who is an employee knowingly
and without authority of
any person designated or authorized to grant this
authority: (1) brings or attempts to bring an item of contraband | | into a penal institution, or
|
| (2) causes or permits another to bring an item of
| | contraband into a penal institution.
|
| (b) A person commits unauthorized possession of contraband in
a penal institution by an employee when a person who is an employee knowingly
and without authority of any person designated or authorized to grant this
authority possesses an item of contraband in a penal institution, regardless of the intent with which
he or she possesses it.
(c) A person commits unauthorized delivery of contraband
in a penal institution by an employee when a person who is an employee
knowingly and without authority of any person designated or authorized to grant
this authority:
(1) delivers or possesses with intent to deliver an
| | item of contraband to any inmate of a penal institution, or
|
| (2) conspires to deliver or solicits the delivery of
| | an item of contraband to any inmate of a penal institution, or
|
| (3) causes or permits the delivery of an item of
| | contraband to any inmate of a penal institution, or
|
| (4) permits another person to attempt to deliver an
| | item of contraband to any inmate of a penal institution.
|
| (d) For a violation of subsection (a) or (b) involving a cellular telephone or cellular telephone battery, the defendant must intend to provide the cellular telephone or cellular telephone battery to any inmate in a penal institution, or to use the cellular telephone or cellular telephone battery at the direction of an inmate or for the benefit of any inmate of a penal institution.
(e) Sentence.
(1) A violation of paragraphs (a) or (b) of this
| | Section involving alcohol is a Class 4 felony. A violation of paragraph (a) or (b) of this Section involving cannabis is a Class 2 felony. A violation of paragraph (a) or (b) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class 1 felony. A violation of paragraph (a) or (b) of this Section involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (a) or (b) involving a hypodermic syringe is a Class X felony. A violation of paragraph (a) or (b) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class 1 felony. A violation of paragraph (a) or (b) involving a firearm, firearm ammunition, or explosive is a Class X felony.
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| (2) A violation of paragraph (c) of this Section
| | involving alcoholic liquor is a Class 3 felony. A violation of paragraph (c) involving cannabis is a Class 1 felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules III, IV or V of Article II of the Illinois Controlled Substances Act is a Class X felony. A violation of paragraph (c) involving any amount of a controlled substance classified in Schedules I or II of Article II of the Illinois Controlled Substances Act is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving a hypodermic syringe is a Class X felony for which the minimum term of imprisonment shall be 8 years. A violation of paragraph (c) involving a weapon, tool to defeat security mechanisms, cutting tool, or electronic contraband is a Class X felony for which the minimum term of imprisonment shall be 10 years. A violation of paragraph (c) involving a firearm, firearm ammunition, or explosive is a Class X felony for which the minimum term of imprisonment shall be 12 years.
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| (f) Items confiscated may be retained for use by the Department of
Corrections or disposed of as deemed appropriate by the Chief Administrative
Officer in accordance with Department rules or disposed of as required by
law.
(g) For a violation of subsection (a) or (b) involving alcoholic liquor, a weapon, firearm, firearm ammunition, tool to defeat security mechanisms, cutting tool, or electronic contraband, the items shall not be considered to be in a penal institution when they are secured in an employee's locked, private motor vehicle parked on the grounds of a penal institution.
(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; 96-1325, eff. 7-27-10; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13.)
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720 ILCS 5/Art. 32
(720 ILCS 5/Art. 32 heading)
ARTICLE 32.
INTERFERENCE WITH JUDICIAL PROCEDURE
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720 ILCS 5/32-1
(720 ILCS 5/32-1) (from Ch. 38, par. 32-1)
Sec. 32-1. Compounding a crime.
(a) A person commits compounding a crime when he or she knowingly receives or offers to another any
consideration for a promise not to prosecute or aid in the prosecution of
an offender.
(b) Sentence. Compounding a crime is a petty offense.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-2
(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
Sec. 32-2. Perjury.
(a) A person commits perjury when, under oath or affirmation, in a
proceeding or in any other matter where by law the oath or affirmation is
required, he or she makes a false statement, material to the issue or point in
question, knowing the statement is false.
(b) Proof of Falsity.
An indictment or information for perjury alleging that the offender,
under oath, has knowingly made contradictory statements, material to the issue or
point in question, in the same or in different proceedings, where the oath
or affirmation is required, need not specify which statement is false. At
the trial, the prosecution need not establish which statement is false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same continuous
trial, an admission by the offender in that same continuous trial of the
falsity of a contradictory statement shall bar prosecution therefor under
any provisions of this Code.
(d) A person shall be exempt from prosecution under subsection (a) of
this Section if he or she is a peace officer who uses a false or fictitious name
in the enforcement of the criminal laws,
and this use is approved in writing as provided in Section 10-1 of "The
Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to
the
use of an assumed name in the conduct or transaction of business in this
State", approved
July 17, 1941, as amended, or Section 2605-200 of the Illinois State Police Law. However, this exemption shall not apply to testimony
in judicial proceedings where the identity of the peace officer is material
to the issue, and he or she is ordered by the court to disclose his or her identity.
(e) Sentence.
Perjury is a Class 3 felony.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/32-3
(720 ILCS 5/32-3) (from Ch. 38, par. 32-3)
Sec. 32-3. Subornation of perjury.
(a) A person commits subornation of perjury when he or she knowingly procures or induces
another to make a statement in violation of Section 32-2 which the person
knows to be false.
(b) Sentence.
Subornation of perjury is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-4
(720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
Sec. 32-4. Communicating with jurors and witnesses.
(a) A person who, with intent to influence any person whom he believes
has been summoned as a juror, regarding any matter which is or may be
brought before such juror, communicates, directly or indirectly, with such
juror otherwise than as authorized by law commits a Class 4 felony.
(b) A person who, with intent to deter any party or witness from
testifying freely, fully and truthfully to any matter pending in any court,
or before a Grand Jury, Administrative agency or any other State or local
governmental unit, forcibly detains such party or witness, or communicates,
directly or indirectly, to such party or witness any knowingly false
information or a threat of injury or damage to the property or person of
any individual or offers or delivers or threatens to withhold money or
another thing of value to
any individual commits a
Class 3 felony.
(c) A person who violates the Juror Protection Act commits a Class 4 felony.
(Source: P.A. 94-186, eff. 1-1-06.)
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720 ILCS 5/32-4a
(720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
Sec. 32-4a. Harassment of representatives for the child, jurors,
witnesses and others.
(a) A person who, with intent to harass or annoy one who has served or
is serving or who is a family member of a person who has served or is
serving (1) as a juror because of the verdict returned by the jury in a
pending legal proceeding or the participation of the juror in the verdict or
(2) as a witness, or who may be expected to serve as a witness in a
pending legal proceeding, or who was expected to serve as a witness but who did not serve as a witness because the charges against the defendant were dismissed or because the defendant pleaded guilty to the charges against him or her, because of the testimony
or potential testimony of the witness or person who may be expected or may have been expected to serve as a witness, communicates directly
or indirectly with the juror, witness or person who may be expected or may have been expected to serve as a witness, or family member of a juror
or witness or person who may be expected or may have been expected to serve as a witness in such manner
as to produce mental
anguish or emotional distress or who conveys a threat of injury or damage
to the property or person of any juror, witness or person who may be expected or may have been expected to serve as a witness, or family member
of the juror or witness or person who may be expected or may have been expected to serve as a witness commits a Class 2
felony.
(b) A person who, with intent to harass or annoy one who has served or is
serving or who is a family member of a person who has served or is serving
as a representative for the child, appointed under Section 506 of
the Illinois Marriage and Dissolution of Marriage Act or Section 2-502 of the Code of Civil
Procedure, because of the representative service of that capacity, communicates
directly or indirectly with the representative or a family member of the
representative in such manner as to produce
mental anguish or emotional distress or who conveys a threat of injury or
damage to the property or person of any representative or a family member of
the representative commits a Class A
misdemeanor.
(c) For purposes of this Section, "family member" means a spouse, parent,
child, stepchild or other person related by blood or by present marriage, a
person who has, or allegedly has a child in common, and a person who shares or
allegedly shares a
blood relationship through a child.
(Source: P.A. 93-108, eff. 1-1-04; 93-818, eff. 7-27-04.)
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720 ILCS 5/32-4b
(720 ILCS 5/32-4b) (from Ch. 38, par. 32-4b)
Sec. 32-4b. Bribery for excuse from jury duty. (a) A jury commissioner or any other person acting on behalf of
a jury commissioner commits bribery for excuse from jury duty, when he or she knowingly requests, solicits, suggests, or accepts financial
compensation or any other form of consideration in exchange for a promise
to excuse or for excusing any person from jury duty. (b) Sentence. Bribery for excuse from jury duty is a Class 3 felony. In addition to any other penalty provided by law, a jury commissioner
convicted under this Section shall forfeit the performance bond required by
Section 1 of "An Act in relation to jury commissioners and authorizing
judges to appoint such commissioners and to make rules concerning their
powers and duties", approved June 15, 1887, as amended, and shall be
excluded from further service as a jury commissioner.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-4c
(720 ILCS 5/32-4c)
Sec. 32-4c. Witnesses; prohibition on accepting payments before judgment
or verdict. (a) A person who, after the commencement of a criminal prosecution, has
been identified in the criminal discovery process
as a person who may be called as a witness in a criminal proceeding shall not
knowingly accept or receive,
directly or indirectly, any payment or benefit in consideration for providing
information obtained as a result of witnessing an event or occurrence or
having
personal knowledge of certain facts in relation to the criminal proceeding.
(b) Sentence. A violation of this Section is a Class B misdemeanor for which the court
may impose a fine not to exceed 3 times the amount of compensation requested,
accepted, or received.
(c) This Section remains applicable until the judgment of the court in the
action if the defendant is tried by the court without a jury
or the rendering of
the
verdict by the jury if the defendant is tried by jury in the action.
(d) This Section does not apply to any of the following circumstances:
(1) Lawful compensation paid to expert witnesses, | | investigators, employees, or agents by a prosecutor, law enforcement agency, or an attorney employed to represent a person in a criminal matter.
|
|
(2) Lawful compensation or benefits provided to an
| | informant by a prosecutor or law enforcement agency.
|
|
(2.5) Lawful compensation or benefits, or both,
| | provided to an informant under a local anti-crime program, such as Crime Stoppers, We-Tip, and similar programs designed to solve crimes or that foster the detection of crime and encourage persons through the programs and otherwise to come forward with information about criminal activity.
|
|
(2.6) Lawful compensation or benefits, or both,
| | provided by a private individual to another private individual as a reward for information leading to the arrest and conviction of specified offenders.
|
|
(3) Lawful compensation paid to a publisher, editor,
| | reporter, writer, or other person connected with or employed by a newspaper, magazine, television or radio station or any other publishing or media outlet for disclosing information obtained from another person relating to an offense.
|
|
(e) For purposes of this Section, "publishing or media outlet" means a
news gathering organization that sells or distributes news to newspapers,
television, or radio stations, or a cable or broadcast television or radio
network that disseminates news and information.
(f) The person identified as a witness may receive
written notice from counsel for either the prosecution or defense of the fact
that he or she has been identified as a witness
who may be called in
a criminal proceeding and his or her responsibilities and possible
penalties under this Section. This Section shall be applicable only if the
witness received the written
notice referred to in this subsection.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-4d
(720 ILCS 5/32-4d)
Sec. 32-4d. Payment of jurors by parties prohibited.
(a) After a verdict has been rendered in a civil or criminal case, a person
who was
a plaintiff or defendant in the case may not knowingly offer or pay an award or other fee
to a juror
who was a member of the jury that rendered the verdict in the case.
(b) After a verdict has been rendered in a civil or criminal case, a member
of the
jury that rendered the verdict may not knowingly accept an award or fee from the
plaintiff or
defendant in that case.
(c) Sentence. A violation of this Section is a Class A misdemeanor.
(d) This Section does not apply to the payment of a fee or award to a
person who was a juror for purposes unrelated to the jury's verdict or to the
outcome of
the case.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-4e (720 ILCS 5/32-4e) Sec. 32-4e. Interfering with the duties of a judicial officer. (a) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to a judicial officer or a member of the judicial officer's immediate family with the intent to: (1) induce such judicial officer to do, or fail to | | do, any act in violation of the lawful execution of his or her official duties; or
|
| (2) induce such judicial officer to commit or aid in
| | the commission of any fraud, or to collude in, allow, or make available the opportunity for the commission of any fraud on the State of Illinois.
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| (b) A person may not give or offer to give benefits, promises, pecuniary compensation, or any other form of compensation, either directly or indirectly, to court employees and staff with the intent to interfere with the administration of the judicial process.
(c) Sentence. A person who violates this Section commits a Class 2 felony.
(d) Definitions. For purposes of this Section:
"Judicial officer" means a justice, judge, associate judge, or magistrate of a court of the United States of America or the State of Illinois.
"Immediate family" means a judicial officer's spouse or children.
(Source: P.A. 95-1035, eff. 6-1-09 .)
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720 ILCS 5/32-4f (720 ILCS 5/32-4f) Sec. 32-4f. Retaliating against a Judge by false claim, slander of title, or malicious recording of fictitious liens. A person who files or causes to be filed, in any public record or in any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a Supreme, Appellate, Circuit, or Associate Judge of the State of Illinois with knowledge that such lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation, and with the intent of retaliating against that Judge for the performance or non-performance of an official judicial duty, is guilty of a violation of this Section. A person is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 95-1035, eff. 6-1-09 .) |
720 ILCS 5/32-5
(720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
Sec. 32-5. (Repealed).
(Source: P.A. 97-219, eff. 1-1-12. Repealed by P.A. 96-1551, eff. 7-1-11.)
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720 ILCS 5/32-5.1
(720 ILCS 5/32-5.1) (from Ch. 38, par. 32-5.1)
Sec. 32-5.1. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/32-5.1-1 (720 ILCS 5/32-5.1-1)
Sec. 32-5.1-1. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-5.2
(720 ILCS 5/32-5.2) (from Ch. 38, par. 32-5.2)
Sec. 32-5.2. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/32-5.2-5 (720 ILCS 5/32-5.2-5) Sec. 32-5.2-5. (Repealed).
(Source: P.A. 94-341, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-5.3
(720 ILCS 5/32-5.3)
Sec. 32-5.3.
(Repealed).
(Source: P.A. 88-677, eff. 12-15-94. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/32-5.4 (720 ILCS 5/32-5.4) Sec. 32-5.4. (Repealed).
(Source: P.A. 94-323, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-5.4-1 (720 ILCS 5/32-5.4-1)
Sec. 32-5.4-1. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-5.5 (720 ILCS 5/32-5.5) Sec. 32-5.5. (Repealed).
(Source: P.A. 94-730, eff. 4-17-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-5.6 (720 ILCS 5/32-5.6)
Sec. 32-5.6. (Repealed).
(Source: P.A. 94-323, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-5.7 (720 ILCS 5/32-5.7)
Sec. 32-5.7. (Repealed).
(Source: P.A. 94-323, eff. 1-1-06. Repealed by P.A. 96-1551, eff. 7-1-11 .) |
720 ILCS 5/32-6
(720 ILCS 5/32-6) (from Ch. 38, par. 32-6)
Sec. 32-6.
Performance of unauthorized acts.
A person who performs any of the following acts, knowing that his
performance is not authorized by law, commits a Class 4 felony:
(a) Conducts a marriage ceremony; or
(b) Acknowledges the execution of any document which by law may be
recorded; or
(c) Becomes a surety for any party in any civil or criminal proceeding,
before any court or public officer authorized to accept such surety.
(Source: P.A. 77-2638)
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720 ILCS 5/32-7
(720 ILCS 5/32-7) (from Ch. 38, par. 32-7)
Sec. 32-7. Simulating legal process.
(a) A person commits simulating legal process when he or she issues or delivers any document which he or she knows falsely
purports to be or simulates any civil or criminal process.
(b) Sentence. Simulating legal process is a Class B
misdemeanor. (Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-8
(720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
Sec. 32-8. Tampering with public records.
(a) A person commits tampering with public records when he or she knowingly, without lawful authority, and with the intent to defraud any party, public officer or entity, alters, destroys,
defaces, removes or conceals any public record. (b) (Blank). (c) A judge, circuit clerk or clerk of court, public official or employee, court reporter, or other person commits tampering with public records when he or she knowingly, without lawful authority, and with the intent to defraud any party, public officer or entity, alters, destroys, defaces, removes, or conceals any public record received or held by any judge or by a clerk of any court. (c-5) "Public record" expressly includes, but is not limited to, court records, or documents, evidence, or exhibits filed with the clerk of the court and which have become a part of the official court record, pertaining to any civil or criminal proceeding in any court. (d) Sentence. A violation of subsection (a) is a Class 4 felony. A violation of subsection (c) is a Class 3 felony. Any person convicted under subsection (c) who at the time of the violation was responsible for making, keeping, storing, or reporting the record for which the tampering occurred: (1) shall forfeit his or her public office or public | | employment, if any, and shall thereafter be ineligible for both State and local public office and public employment in this State for a period of 5 years after completion of any term of probation, conditional discharge, or incarceration in a penitentiary including the period of mandatory supervised release;
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| (2) shall forfeit all retirement, pension, and other
| | benefits arising out of public office or public employment as may be determined by the court in accordance with the applicable provisions of the Illinois Pension Code;
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| (3) shall be subject to termination of any
| | professional licensure or registration in this State as may be determined by the court in accordance with the provisions of the applicable professional licensing or registration laws;
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| (4) may be ordered by the court, after a hearing in
| | accordance with applicable law and in addition to any other penalty or fine imposed by the court, to forfeit to the State an amount equal to any financial gain or the value of any advantage realized by the person as a result of the offense; and
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| (5) may be ordered by the court, after a hearing in
| | accordance with applicable law and in addition to any other penalty or fine imposed by the court, to pay restitution to the victim in an amount equal to any financial loss or the value of any advantage lost by the victim as a result of the offense.
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| For the purposes of this subsection (d), an offense under subsection (c) committed by a person holding public office or public employment shall be rebuttably presumed to relate to or arise out of or in connection with that public office or public employment.
(e) Any party litigant who believes a violation of this Section has occurred may seek the restoration of the court record as provided in the Court Records Restoration Act. Any order of the court denying the restoration of the court record may be appealed as any other civil judgment.
(f) When the sheriff or local law enforcement agency having jurisdiction declines to investigate, or inadequately investigates, the court or any interested party, shall notify the Illinois State Police of a suspected violation of subsection (a) or (c), who shall have the authority to investigate, and may investigate, the same, without regard to whether the local law enforcement agency has requested the Illinois State Police to do so.
(g) If the State's Attorney having jurisdiction declines to prosecute a violation of subsection (a) or (c), the court or interested party shall notify the Attorney General of the refusal. The Attorney General shall, thereafter, have the authority to prosecute, and may prosecute, the violation, without a referral from the State's Attorney.
(h) Prosecution of a violation of subsection (c) shall be commenced within 3 years after the act constituting the violation is discovered or reasonably should have been discovered.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/32-8.1 (720 ILCS 5/32-8.1) Sec. 32-8.1. Tampering with a certification by a public official. (a) A person commits tampering with a certification by a public official when he or she knowingly, without lawful authority, and with the intent to defraud any individual, entity, public officer, or governmental unit, uses a certification or part of a certification by a public official, including but not limited to an apostille, the "great seal of the State of Illinois", or other similar certification, in connection with any document he or she knows or reasonably should know is not the original document for which the public official originally issued the certification. (b) Sentence. Tampering with a certification by a public official is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 98-170, eff. 8-5-13.) |
720 ILCS 5/32-9
(720 ILCS 5/32-9) (from Ch. 38, par. 32-9)
Sec. 32-9. Tampering with public notice.
(a) A person commits tampering with public notice when he or she knowingly and without lawful authority alters, destroys,
defaces, removes or conceals any public notice, posted according to law,
during the time for which the notice was to remain posted.
(b) Sentence. Tampering with public notice is a petty offense. (Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/32-10
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pretrial release.
(a) (Blank).
(a-5) Any person who knowingly violates a condition of pretrial release by possessing a
firearm in violation of his or her conditions of pretrial release commits a Class 4 felony
for a first violation and a Class 3 felony for a second or subsequent violation.
(b) Whoever, having been released pretrial under conditions for appearance before
any court
of this State, while charged with a criminal offense in which the victim is a
family or household member as defined in Article 112A of the Code of Criminal
Procedure of 1963, knowingly violates a condition of that release as set forth
in Section 110-10, subsection (d) of the Code of Criminal Procedure of 1963,
commits a Class A misdemeanor.
(c) Whoever, having been released pretrial for appearance before
any court
of this State for a felony, Class A misdemeanor or a
criminal offense in which the victim is a family
or household member as defined in Article 112A of the Code of Criminal
Procedure of 1963, is charged with any other
felony, Class A misdemeanor,
or a
criminal offense in which the victim is a family or household
member as
defined in Article 112A of the Code of Criminal Procedure of 1963 while on
this
release, must appear before the court and may not be released by law enforcement under 109-1 of the Code of Criminal Procedure of 1963 prior to the court appearance.
(d) Nothing in this Section shall interfere with or
prevent the exercise
by
any court of its power to punish for contempt.
Any sentence imposed for violation of this Section may be served
consecutive to the sentence imposed for the charge for which pretrial release had been
granted and with respect to which the defendant has been convicted.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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720 ILCS 5/32-11
(720 ILCS 5/32-11)
Sec. 32-11.
Barratry.
If a person
wickedly and willfully excites and stirs up
actions or quarrels between the people of this State with a view to promote
strife and contention, he or she is guilty of the petty
offense of common barratry; and if he or she is an attorney at
law, he or she shall be suspended from the practice of his or her
profession, for any time not exceeding 6 months.
(Source: P.A. 89-234, eff. 1-1-96.)
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720 ILCS 5/32-12
(720 ILCS 5/32-12)
Sec. 32-12.
Maintenance.
If a person
officiously intermeddles in an action that in
no way belongs to or concerns that person, by maintaining or
assisting either party, with money or otherwise, to prosecute or defend the
action, with a view to promote litigation, he or she is guilty of maintenance
and upon conviction shall be
fined and punished as in cases of common barratry. It
is not maintenance for a person to maintain the
action of his or her relative or servant, or a poor person out of
charity.
(Source: P.A. 89-234, eff. 1-1-96.)
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720 ILCS 5/32-13
(720 ILCS 5/32-13)
Sec. 32-13. Unlawful clouding of title.
(a) Any person who intentionally records or files or causes to be recorded
or filed any document in the office of the recorder or registrar of titles of
any county of this State that is a cloud on the title of land in
this State, knowing that the theory upon which the purported cloud on title is
based is not recognized as a legitimate legal theory by the courts of this
State or of the United States, commits the offense of unlawful clouding of
title.
(b) Unlawful clouding of title is a Class A misdemeanor for a first offense if the cloud on the title has a value that does not exceed $10,000. Unlawful clouding of title is a Class 4 felony if the cloud on the title has a value that exceeds $10,000, or for a second or subsequent offense.
(c) In addition to any other sentence that may be imposed, the court shall
order any person convicted of a violation of this Section, or placed on
supervision for a violation of this Section, to execute a release of the
purported cloud on title as may be requested by or on behalf of any person
whose property is encumbered or potentially encumbered by the document filed.
Irrespective of whether or not a person charged under this Section is convicted
of the offense of unlawful clouding of title, when the evidence demonstrates
that, as a matter of law, the cloud on title is not a type of cloud
recognized or authorized by the courts of this State or the United
States, the court shall forthwith direct the recorder or registrar of titles to
expunge the cloud.
(c-5) This Section does not apply to an attorney licensed to practice law
in this State who in good faith files a lien on behalf of his or her client and
who in good faith believes that the validity of the lien is supported by
statutory law, by a decision of a court of law, or by a good faith argument
for an extension, modification, or
reversal of existing court decisions relating to the validity of the lien.
(d) For purposes of this Section, "cloud on title" or "cloud on the title"
means an outstanding claim or encumbrance that, if valid, would affect or
impair the title of the owner of an estate in land and on its face has that
effect, but can be shown by extrinsic proof to be invalid or inapplicable to
that estate.
(Source: P.A. 98-98, eff. 1-1-14.)
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720 ILCS 5/32-14 (720 ILCS 5/32-14) Sec. 32-14. Unlawful manipulation of a judicial sale. (a) A person commits the offense of unlawful manipulation of a judicial sale when he or she knowingly and by any means makes any contract with or engages in any combination or conspiracy with any other person who is, or but for a prior agreement is, a competitor of such person for the purpose of or with the effect of fixing, controlling, limiting, or otherwise manipulating (1) the participation of any person in, or (2) the making of bids, at any judicial sale. (b) Penalties. Unlawful manipulation of a judicial sale is a Class 3 felony. A mandatory fine shall be imposed for a violation, not to exceed $1,000,000 if the violator is a corporation, or, if the violator is any other person, $100,000. A second or subsequent violation is a Class 2 felony. (c) Injunctive and other relief. The State's Attorney shall bring suit in the circuit court to prevent and restrain violations of subsection (a). In such a proceeding, the court shall determine whether a violation has been committed, and shall enter such judgment as it considers necessary to remove the effects of any violation which it finds, and to prevent such violation from continuing or from being renewed in the future. The court, in its discretion, may exercise all powers necessary for this purpose, including, but not limited to, injunction and divestiture of property. (d) Private right of action. Any person who has been injured by a violation of subsection (a) may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation. If, in an action for an injunction, the court issues an injunction, the plaintiff shall be awarded costs and reasonable attorney's fees. In an action for damages, the person injured shall be awarded 3 times the amount of actual damages. This State, counties, municipalities, townships, and any political subdivision organized under the authority of this State, and the United States, are considered a person having standing to bring an action under this subsection.
Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued. In any action for damages under this subsection, the court may, in its discretion, award reasonable fees to the prevailing defendant upon a finding that the plaintiff acted in bad faith, vexatiously, wantonly, or for oppressive reasons. (e) Exclusion from subsequent judicial sales. Any person convicted of a violation of subsection (a) or any similar offense of any state or the United States shall be barred for 5 years from the date of conviction from participating as a bidding entity in any judicial sale. No corporation shall be barred from participating in a judicial sale as a result of a conviction under subsection (a) of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) it has been finally adjudicated not guilty or (2) it demonstrates to the circuit court conducting such judicial sale and the court so finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5-4 of this Code. (f) Definitions. As used in this Section, unless the context otherwise requires: "Judicial sale" means any sale of real or personal property in accordance with a court order, including, but not limited to, judicial sales conducted pursuant to Section 15-1507 of the Code of Civil Procedure, sales ordered to satisfy judgments under Article XII of the Code of Civil Procedure, and enforcements of delinquent property taxes under Article 21 of the Property Tax Code. "Person" means any natural person, or any corporation, partnership, or association of persons.
(Source: P.A. 100-201, eff. 8-18-17.) |
720 ILCS 5/32-15
(720 ILCS 5/32-15)
Sec. 32-15. (Repealed).
(Source: P.A. 101-652, eff. 1-1-23. Repealed by P.A. 102-1104, eff. 1-1-23.)
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720 ILCS 5/Art. 33
(720 ILCS 5/Art. 33 heading)
ARTICLE 33.
OFFICIAL MISCONDUCT
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720 ILCS 5/33-1
(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
Sec. 33-1. Bribery. A person commits bribery when:
(a) With intent to influence the performance of any | | act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or
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(b) With intent to influence the performance of any
| | act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to one whom he or she believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or
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(c) With intent to cause any person to influence the
| | performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or
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(d) He or she receives, retains or agrees to accept
| | any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause him or her to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or
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(e) He or she solicits, receives, retains, or agrees
| | to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.
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As used in this Section, "tenders" means any delivery or proffer made with the requisite intent.
Sentence. Bribery is a Class 2 felony.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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720 ILCS 5/33-2
(720 ILCS 5/33-2) (from Ch. 38, par. 33-2)
Sec. 33-2. Failure to report a bribe. Any public officer, public employee
or juror who fails to report
forthwith to the local State's Attorney, or in the case of a State employee
to the Illinois State Police, any offer made
to him in violation
of Section 33-1 commits a Class A misdemeanor.
In the case of a State employee, the making of such report
to the Illinois State Police shall discharge
such employee from
any further duty under this Section. Upon receiving any such report, the
Illinois State Police
shall forthwith transmit a copy thereof to the appropriate State's Attorney.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/33-3
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official
misconduct. (a) A public officer or employee or special government agent commits misconduct
when, in his official capacity or capacity as a special government agent, he or she commits any of the following acts:
(1) Intentionally or recklessly fails to perform any | | mandatory duty as required by law; or
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(2) Knowingly performs an act which he knows he is
| | forbidden by law to perform; or
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(3) With intent to obtain a personal advantage for
| | himself or another, he performs an act in excess of his lawful authority; or
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(4) Solicits or knowingly accepts for the performance
| | of any act a fee or reward which he knows is not authorized by law.
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(b) An employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, with the intent to obstruct, impede, or prevent the investigation, apprehension, or prosecution of any criminal offense or person. Nothing in this subsection (b) shall be construed to impose liability for communicating to a confidential resource, who is participating or aiding law enforcement, in an ongoing investigation.
(c) A public officer or employee or special government agent
convicted of violating any provision of
this Section forfeits his or her office or employment or position as a special government agent. In addition, he or she commits a
Class
3 felony.
(d) For purposes of this Section:
"Special government agent" has the meaning ascribed
| | to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act.
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(Source: P.A. 101-652, eff. 7-1-21 .)
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720 ILCS 5/33-3.1
(720 ILCS 5/33-3.1)
Sec. 33-3.1. Solicitation misconduct (State government).
(a) An employee of an
executive branch constitutional officer commits solicitation misconduct (State
government) when, at any time, he or she knowingly solicits or receives
contributions, as
that
term is defined in Section 9-1.4 of the Election Code, from a person engaged in
a business or activity over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of
an
executive branch constitutional officer" means a full-time or part-time
salaried
employee, full-time or part-time salaried appointee, or any contractual
employee of any office, board,
commission, agency, department, authority, administrative unit, or corporate
outgrowth under the jurisdiction of an executive branch constitutional officer;
and "regulatory authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to the requirements
of any
State or federal statute or regulation relating to the business or activity.
(c) An employee of an executive branch constitutional officer, including one
who does not
have
regulatory authority, commits a violation of this Section if that employee
knowingly acts in concert with an employee of an executive
branch constitutional officer who does
have regulatory authority to solicit or receive contributions in violation of
this Section.
(d) Solicitation misconduct (State government) is a Class A
misdemeanor. An employee of an executive branch constitutional
officer convicted of committing solicitation misconduct (State government)
forfeits his or her employment.
(e) An employee of an executive branch constitutional officer who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (State government) to the Illinois State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/33-3.2
(720 ILCS 5/33-3.2)
Sec. 33-3.2. Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local government commits
solicitation misconduct (local government) when, at any time, he or she
knowingly solicits or
receives contributions, as that term is defined in Section 9-1.4 of the
Election
Code, from a person engaged in a business or activity over which the person has
regulatory authority.
(b) For the purpose of this Section, "chief executive officer of a
local government" means an executive officer of a county, township or municipal
government or any administrative subdivision under jurisdiction of the county,
township, or municipal government including but not limited to: chairman or
president of a county board or commission, mayor or village president, township
supervisor, county executive, municipal manager, assessor, auditor, clerk,
coroner,
recorder, sheriff or State's Attorney; "employee of
a
chief
executive officer of a local government" means a full-time or part-time
salaried employee, full-time or part-time salaried appointee, or any
contractual employee of any office,
board, commission, agency, department, authority, administrative unit, or
corporate outgrowth under the jurisdiction of a chief executive officer of a
local government; and "regulatory authority" means having the
responsibility to investigate, inspect, license, or enforce regulatory measures
necessary to the requirements of any State, local, or federal statute or
regulation
relating to the business or activity.
(c) An employee of a chief executive officer of a local government,
including
one
who does not have regulatory authority, commits a violation of this Section if
that employee knowingly acts in concert with an employee of a chief
executive officer
of a local government who does have regulatory authority to solicit or
receive contributions in violation of this Section.
(d) Solicitation misconduct (local government) is a Class A
misdemeanor. An employee of a
chief executive officer of a local government convicted of committing
solicitation misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local government who is
discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated against in the terms
and conditions of employment because of lawful acts done
by
the employee or on behalf of the employee or others in furtherance of the
enforcement of this Section shall be entitled to all relief necessary to make
the employee whole.
(f) Any person who knowingly makes a false report of solicitation
misconduct (local government) to the Illinois State Police, the Attorney General, a
State's Attorney, or any law enforcement official is guilty of a Class C
misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/33-4
(720 ILCS 5/33-4)
Sec. 33-4.
Peace officer or correctional officer; gang-related activity
prohibited.
(a) It is unlawful for a peace officer or correctional officer to
knowingly commit any act in
furtherance of gang-related activities, except when acting in furtherance of an
undercover law enforcement investigation.
(b) In this Section, "gang-related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(c) Sentence. A violation of this Section is a Class 3 felony.
(Source: P.A. 90-131, eff. 1-1-98 .)
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720 ILCS 5/33-5
(720 ILCS 5/33-5)
Sec. 33-5.
Preservation of evidence.
(a) It is unlawful for a
law enforcement agency
or an agent acting on behalf of the law enforcement agency to intentionally fail to comply with the provisions of subsection (a)
of
Section 116-4 of
the Code of Criminal Procedure of 1963.
(b) Sentence. A person who violates this Section is guilty of a Class 4
felony.
(c) For purposes of this Section, "law enforcement agency" has the meaning
ascribed to it in subsection (e) of Section 116-4 of the Code of Criminal
Procedure of 1963.
(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
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720 ILCS 5/33-6 (720 ILCS 5/33-6) Sec. 33-6. Bribery to obtain driving privileges.
(a) A person commits the offense of bribery to obtain driving privileges when: (1) with intent to influence any act related to the | | issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or
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| (2) with intent to cause any person to influence any
| | act related to the issuance of any driver's license or permit by an employee of the Illinois Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, he or she promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept; or
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| (3) as an employee of the Illinois Secretary of
| | State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage that he or she is not authorized by law to accept knowing that such property or personal advantage was promised or tendered with intent to influence the performance of any act related to the issuance of any driver's license or permit; or
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| (4) as an employee of the Illinois Secretary of
| | State's Office, or the owner or employee of any commercial driver training school licensed by the Illinois Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the issuance of any driver's license or permit.
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| (b) Sentence.
Bribery to obtain driving privileges is a Class 2 felony.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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720 ILCS 5/33-7 (720 ILCS 5/33-7) Sec. 33-7. Public contractor misconduct.
(a) A public contractor; a person seeking a public contract on behalf of himself, herself, or another; an employee of a public
contractor; or a person seeking a public contract on behalf of himself, herself, or another commits public contractor misconduct when, in the performance of, or in connection with, a contract with
the State, a unit of local government, or a school district or in obtaining or seeking to obtain such a contract he or she commits any of
the following acts: (1) intentionally or knowingly makes, uses, or causes | | to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property;
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| (2) knowingly performs an act that he or she knows he
| | or she is forbidden by law to perform;
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| (3) with intent to obtain a personal advantage for
| | himself, herself, or another, he or she performs an act in excess of his or her contractual responsibility;
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| (4) solicits or knowingly accepts for the performance
| | of any act a fee or reward that he or she knows is not authorized by law; or
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| (5) knowingly or intentionally seeks or receives
| | compensation or reimbursement for goods and services he or she purported to deliver or render, but failed to do so pursuant to the terms of the contract, to the unit of State or local government or school district.
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| (b) Sentence. Any person who violates this Section commits a Class 3 felony. Any person convicted of this offense or a similar offense in any state of the United States which contains the same elements of this offense shall be barred for 10 years from the date of conviction from contracting with, employment by, or holding public office with the State or any unit of local government or school district. No corporation shall be barred as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and (1) it has been finally adjudicated not guilty or (2) it demonstrates to the government entity with which it seeks to contract, and that entity finds, that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or high managerial agent on behalf of the corporation as provided in paragraph (2) of subsection (a) of Section 5-4 of this Code.
(c) The Attorney General or the State's Attorney in the county where the principal office of the unit of local government or school district is located may bring a civil action on behalf of any unit of State or local government to recover a civil penalty from any person who knowingly engages in conduct which violates subsection (a) of this Section in treble the amount of the monetary cost to the unit of State or local government or school district involved in the violation. The Attorney General or State's Attorney shall be entitled to recover reasonable attorney's fees as part of the costs assessed to the defendant. This subsection (c) shall in no way limit the ability of any unit of State or local government or school district to recover moneys or damages regarding public contracts under any other law or ordinance. A civil action shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the conduct establishing the cause of action occurred or (2) the date on which the unit of State or local government or school district knew or should have known that the conduct establishing the cause of action occurred.
(d) This amendatory Act of the 96th General Assembly shall not be construed to create a private right of action.
(Source: P.A. 96-575, eff. 8-18-09.)
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720 ILCS 5/33-8 (720 ILCS 5/33-8) Sec. 33-8. Legislative misconduct. (a) A member of the General Assembly commits legislative misconduct when he or she knowingly accepts or receives, directly
or indirectly, any money or other valuable thing, from any corporation,
company or person, for any vote or influence he or she may give or withhold on any
bill, resolution or appropriation, or for any other official act. (b) Sentence. Legislative misconduct is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/33-9 (720 ILCS 5/33-9) Sec. 33-9. Law enforcement misconduct. (a) A law enforcement officer or a person acting under color of law commits law enforcement misconduct when, in the performance of his or her official duties with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she: (1) knowingly and intentionally misrepresents or | | fails to provide material facts describing an incident in any report or during any investigations regarding the law enforcement employee's conduct;
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| (2) knowingly and intentionally withholds any
| | knowledge of the material misrepresentations of another law enforcement officer from the law enforcement employee's supervisor, investigator, or other person or entity tasked with holding the law enforcement officer accountable; or
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| (3) knowingly and intentionally fails to comply with
| | paragraphs (3), (5), (6), and (7) of subsection (a) of Section 10-20 of the Law Enforcement Officer-Worn Body Camera Act.
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| (b) Sentence. Law enforcement misconduct is a Class 3 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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720 ILCS 5/Tit. III Pt. F
(720 ILCS 5/Tit. III Pt. F heading)
PART F.
CERTAIN AGGRAVATED OFFENSES
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720 ILCS 5/Art. 33A
(720 ILCS 5/Art. 33A heading)
ARTICLE 33A.
ARMED VIOLENCE
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720 ILCS 5/33A-1
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1.
Legislative intent and definitions.
(a) Legislative findings. The legislature finds and declares the
following:
(1) The use of a dangerous weapon in the commission | | of a felony offense poses a much greater threat to the public health, safety, and general welfare, than when a weapon is not used in the commission of the offense.
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(2) Further, the use of a firearm greatly facilitates
| | the commission of a criminal offense because of the more lethal nature of a firearm and the greater perceived threat produced in those confronted by a person wielding a firearm. Unlike other dangerous weapons such as knives and clubs, the use of a firearm in the commission of a criminal felony offense significantly escalates the threat and the potential for bodily harm, and the greater range of the firearm increases the potential for harm to more persons. Not only are the victims and bystanders at greater risk when a firearm is used, but also the law enforcement officers whose duty is to confront and apprehend the armed suspect.
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(3) Current law does contain offenses involving the
| | use or discharge of a gun toward or against a person, such as aggravated battery with a firearm, aggravated discharge of a firearm, and reckless discharge of a firearm; however, the General Assembly has legislated greater penalties for the commission of a felony while in possession of a firearm because it deems such acts as more serious.
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(b) Legislative intent.
(1) In order to deter the use of firearms in the
| | commission of a felony offense, the General Assembly deems it appropriate for a greater penalty to be imposed when a firearm is used or discharged in the commission of an offense than the penalty imposed for using other types of weapons and for the penalty to increase on more serious offenses.
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(2) With the additional elements of the discharge of
| | a firearm and great bodily harm inflicted by a firearm being added to armed violence and other serious felony offenses, it is the intent of the General Assembly to punish those elements more severely during commission of a felony offense than when those elements stand alone as the act of the offender.
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(3) It is the intent of the 91st General Assembly
| | that should Public Act 88-680 be declared unconstitutional for a violation of Article 4, Section 8 of the 1970 Constitution of the State of Illinois, the amendatory changes made by Public Act 88-680 to Article 33A of the Criminal Code of 1961 and which are set forth as law in this amendatory Act of the 91st General Assembly are hereby reenacted by this amendatory Act of the 91st General Assembly.
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(c) Definitions.
(1) "Armed with a dangerous weapon". A person is
| | considered armed with a dangerous weapon for purposes of this Article, when he or she carries on or about his or her person or is otherwise armed with a Category I, Category II, or Category III weapon.
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(2) A Category I weapon is a handgun, sawed-off
| | shotgun, sawed-off rifle, any other firearm small enough to be concealed upon the person, semiautomatic firearm, or machine gun. A Category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24-1 of this Code, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe, hatchet, or other deadly or dangerous weapon or instrument of like character. As used in this subsection (b) "semiautomatic firearm" means a repeating firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round and that requires a separate pull of the trigger to fire each cartridge.
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|
(3) A Category III weapon is a bludgeon, black-jack,
| | slungshot, sand-bag, sand-club, metal knuckles, billy, or other dangerous weapon of like character.
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(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)
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720 ILCS 5/33A-2
(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense.
(a) A person commits armed violence when, while armed with
a dangerous weapon, he commits any felony defined by
Illinois Law, except first degree murder, attempted first degree murder,
intentional
homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child,
aggravated battery of
a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(b) A person commits armed violence when he or she personally discharges a
firearm that is a Category I or Category II weapon while committing any felony
defined by
Illinois law, except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide,
predatory criminal sexual assault of a
child, aggravated
battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(c) A person commits armed violence when he or she personally discharges a
firearm that is a Category I or Category II weapon that proximately causes
great bodily harm,
permanent disability, or permanent disfigurement or death to another person
while committing any felony defined by Illinois law, except first degree
murder, attempted first degree murder, intentional homicide of an unborn child,
second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion,
or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(d) This Section does not apply to violations of the Fish and Aquatic Life
Code or the Wildlife Code.
(Source: P.A. 95-688, eff. 10-23-07; 96-1551, eff. 7-1-11 .)
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720 ILCS 5/33A-3
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) with a
Category I weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) with a Category II weapon
is a Class X
felony for which the defendant shall be sentenced to a minimum term of
imprisonment of 10 years.
(b) Violation of Section 33A-2(a)
with a Category III weapon is a Class 2 felony or the felony
classification provided for the same act while unarmed, whichever
permits the greater penalty. A second or subsequent violation of
Section 33A-2(a) with a Category III weapon is a Class 1 felony
or the felony classification provided for the same act while unarmed, whichever
permits the greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that is a Category I or
Category II
weapon is a Class X felony for which the defendant shall be sentenced to a
minimum term of imprisonment of 20 years.
(b-10) Violation of Section 33A-2(c) with a firearm that is a Category I or
Category II
weapon is a Class X felony for which the defendant shall be sentenced to a
term of imprisonment of not less than 25 years nor more than 40 years.
(c) Unless sentencing under subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) is applicable, any person who
violates subsection (a) or (b) of Section 33A-2 with a
firearm, when that person has been convicted in any state or federal court
of 3 or more of the following offenses: treason, first degree murder, second
degree murder, predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery resulting in great
bodily harm or permanent disability or disfigurement, a violation of the Methamphetamine Control and Community Protection Act, or a violation of Section
401(a) of the Illinois Controlled Substances Act,
when the third offense was committed after conviction on the second, the second
offense was committed after conviction on the first, and the violation of
Section 33A-2 was committed after conviction on the third, shall be sentenced
to a term of imprisonment of not less than 25 years nor more than 50
years.
(c-5) Except as otherwise provided in paragraph (b-10) or (c) of this
Section, a person who violates Section 33A-2(a) with a firearm that is a
Category I weapon or
Section 33A-2(b) in any school, in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school related
activity, or on the real property comprising any school or public park, and
where
the offense was related to the activities of an organized gang, shall be
sentenced to a term of imprisonment of not less than the term set forth in
subsection (a) or (b-5) of this Section, whichever is applicable, and not more
than 30 years. For the purposes of this subsection (c-5), "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
(d) For armed violence based upon a predicate offense listed in this
subsection (d) the court
shall enter the sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses covered by this
provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery as described in Section 12-4.1 | | or subdivision (a)(2) of Section 12-3.05,
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(iv) aggravated battery of a senior citizen as
| | described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05,
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(v) (blank),
(vi) a violation of subsection (g) of Section 5 of
| | the Cannabis Control Act,
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|
(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401
| | of the Illinois Controlled Substances Act,
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|
(ix) controlled substance trafficking involving a
| | Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act,
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|
(x) calculated criminal drug conspiracy,
(xi) streetgang criminal drug conspiracy, or
(xii) a violation of the Methamphetamine Control and
| | Community Protection Act.
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|
(Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09; 96-1551, eff. 7-1-11 .)
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720 ILCS 5/Art. 33B
(720 ILCS 5/Art. 33B heading)
ARTICLE 33B.
MANDATORY LIFE SENTENCE
A THIRD OR SUBSEQUENT FORCIBLE OFFENSE
(Repealed) (Source: Repealed by P.A. 95-1052, eff. 7-1-09.)
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720 ILCS 5/Art. 33C
(720 ILCS 5/Art. 33C heading)
ARTICLE 33C.
DECEPTION
RELATING TO CERTIFICATION
OF DISADVANTAGED BUSINESS ENTERPRISES
(Repealed) (Article repealed by P.A. 96-1551, eff. 7-1-11)
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720 ILCS 5/Art. 33D
(720 ILCS 5/Art. 33D heading)
ARTICLE 33D.
CONTRIBUTING TO THE
CRIMINAL DELINQUENCY OF A JUVENILE
(Repealed) (Source: P.A. 85-906. Repealed by P.A. 97-1109, eff. 1-1-13.)
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720 ILCS 5/33D-1
(720 ILCS 5/33D-1) (from Ch. 38, par. 33D-1)
(This Section was renumbered as Section 12C-30 by P.A. 97-1109.) Sec. 33D-1.
(Renumbered).
(Source: P.A. 91-337, eff. 1-1-00. Renumbered by P.A. 97-1109, eff. 1-1-13.)
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720 ILCS 5/Art. 33E
(720 ILCS 5/Art. 33E heading)
ARTICLE 33E.
PUBLIC CONTRACTS
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720 ILCS 5/33E-1
(720 ILCS 5/33E-1) (from Ch. 38, par. 33E-1)
Sec. 33E-1.
Interference with public contracting.
It is
the finding of the General Assembly that the cost to the
public is increased and the quality of goods, services and
construction paid for by public monies is decreased when
contracts for such goods, services or construction are
obtained by any means other than through independent
noncollusive submission of bids or offers by individual
contractors or suppliers, and the evaluation of those bids
or offers by the governmental unit pursuant only to criteria
publicly announced in advance.
(Source: P.A. 85-1295.)
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720 ILCS 5/33E-2
(720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
Sec. 33E-2. Definitions. In this Act:
(a) "Public contract" means any
contract for goods, services or construction let to any person with or
without bid by any unit of State or local government.
(b) "Unit of State or local government" means the State, any unit of state
government or agency thereof, any county or municipal government or committee
or agency thereof, or any other entity which is funded by or expends tax
dollars or the proceeds of publicly guaranteed bonds.
(c) "Change order" means a change in a contract term other than as
specifically provided for in the contract which authorizes or necessitates
any increase or decrease in the cost of the contract or the time to completion.
(d) "Person" means any individual, firm, partnership,
corporation, joint venture or other entity, but does not include a unit
of State or local government.
(e) "Person employed by any unit of State or local government" means
any employee of a unit of State or local government and any person defined in
subsection (d) who is authorized by such unit of State or local government
to act on its behalf in relation to any public contract.
(f) "Sheltered market" has the meaning ascribed to it in Section 8b of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; except that, with respect to State contracts set aside for award to service-disabled veteran-owned small businesses and veteran-owned small businesses pursuant to Section 45-57 of the Illinois Procurement Code, "sheltered market" means procurements pursuant to that Section.
(g) "Kickback" means any money, fee, commission, credit, gift, gratuity,
thing of value, or compensation of any kind which is provided, directly or
indirectly, to any prime contractor, prime contractor employee,
subcontractor, or subcontractor employee for the purpose of improperly
obtaining or rewarding favorable treatment in connection with a prime
contract or in connection with a subcontract relating to a prime contract.
(h) "Prime contractor" means any person who has entered into
a public contract.
(i) "Prime contractor employee" means any officer, partner, employee, or
agent of a prime contractor.
(i-5) "Stringing" means knowingly structuring a contract
or job order to avoid the contract or job order being subject to competitive
bidding requirements.
(j) "Subcontract" means a contract or contractual action entered into by
a prime contractor or subcontractor for the purpose of obtaining goods or
services of any kind under a prime contract.
(k) "Subcontractor" (1) means any person, other than the prime
contractor, who offers to furnish or furnishes any goods or services of any
kind under a prime contract or a subcontract entered into in connection
with such prime contract; and (2) includes any person who offers to furnish
or furnishes goods or services to the prime contractor or a higher tier
subcontractor.
(l) "Subcontractor employee" means any officer, partner, employee, or
agent of a subcontractor.
(Source: P.A. 100-391, eff. 8-25-17.)
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720 ILCS 5/33E-3
(720 ILCS 5/33E-3) (from Ch. 38, par. 33E-3)
Sec. 33E-3.
Bid-rigging.
A person commits the offense of bid-rigging
when he knowingly agrees with any person who is, or but for such agreement
would be, a competitor of such person concerning any bid submitted or not
submitted by such person or another to a unit of State or local government
when with the intent that the bid submitted or not submitted will result in
the award of a contract to such person or another and he either (1)
provides such person or receives from another information concerning the
price or other material term or terms of the bid which would otherwise not
be disclosed to a competitor in an independent noncollusive submission of
bids or (2) submits a bid that is of such a price or other material term or
terms that he does not intend the bid to be accepted.
Bid-rigging is a Class 3 felony. Any person convicted of this offense
or any similar offense of any state or the United States which contains
the same elements as this offense shall be barred for 5 years from the date
of conviction from contracting with any unit of State or local government.
No corporation shall be barred from contracting with any unit of State or
local government as a result of a conviction under this Section of any
employee or agent of such corporation if the employee so convicted is no
longer employed by the corporation and: (1) it has been finally
adjudicated not guilty or (2) if it demonstrates to the governmental
entity with which it seeks to contract and that entity finds that the
commission of the offense was neither authorized, requested, commanded, nor
performed by a director, officer or a high managerial agent in behalf of
the corporation as provided in paragraph (2) of subsection (a) of Section
5-4 of this Code.
(Source: P.A. 86-150.)
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720 ILCS 5/33E-4
(720 ILCS 5/33E-4) (from Ch. 38, par. 33E-4)
Sec. 33E-4.
Bid rotating.
A person commits the offense of bid
rotating when, pursuant to any collusive scheme or agreement with another,
he engages in a pattern over time (which, for the purposes of
this Section, shall include at least 3 contract bids within a period of 10
years, the most recent of which occurs after the effective date of this
amendatory Act of 1988) of submitting sealed bids to units of State or
local government with the intent that the award of such bids rotates, or is
distributed among, persons or business entities which submit bids on a
substantial number of the same contracts. Bid rotating is a Class 2 felony.
Any person convicted of this offense or any similar offense of any state
or the United States which contains the same elements as this offense
shall be permanently barred from contracting with any unit of State or
local government. No corporation shall be barred from contracting with any
unit of State or local government as a result of a conviction under this
Section of any employee or agent of such corporation if the employee so
convicted is no longer employed by the corporation and: (1) it has been
finally adjudicated not guilty or (2) if it demonstrates to the
governmental entity with which it seeks to contract and that entity finds
that the commission of the offense was neither authorized, requested,
commanded, nor performed by a director, officer or a high managerial agent
in behalf of the corporation as provided in paragraph (2) of subsection (a)
of Section 5-4 of this Code.
(Source: P.A. 86-150.)
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720 ILCS 5/33E-5
(720 ILCS 5/33E-5) (from Ch. 38, par. 33E-5)
Sec. 33E-5.
Acquisition or disclosure of bidding information by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly opens a sealed bid at a time or
place other than as specified in the invitation to bid or as otherwise
designated by the State or unit of local government, or outside the
presence of witnesses required by the applicable statute or ordinance,
commits a Class 4 felony.
(b) Any person who is an official of or employed by any unit of State or
local government who knowingly discloses to any interested person any
information related to the terms of a sealed bid whether that information
is acquired through a violation of subsection (a) or by any other means
except as provided by law or necessary to the performance of such
official's or employee's responsibilities relating to the bid, commits
a Class 3 felony.
(c) It shall not constitute a violation of subsection (b) of this
Section for any person who is an official of or employed by any unit of
State or local government to make any disclosure to any interested person
where such disclosure is also made generally available to the public.
(d) This Section only applies to contracts let by sealed bid.
(Source: P.A. 86-150.)
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720 ILCS 5/33E-6
(720 ILCS 5/33E-6) (from Ch. 38, par. 33E-6)
Sec. 33E-6.
Interference with contract submission and award by public
official. (a) Any person who is an official of or employed by any unit of
State or local government who knowingly conveys, either directly or indirectly,
outside of the publicly available official invitation to bid, pre-bid
conference, solicitation for contracts procedure or such procedure used
in any sheltered market procurement adopted pursuant to law or ordinance by
that unit of government, to any person any information concerning the
specifications for such contract or the identity of any particular
potential subcontractors, when inclusion of such information concerning the
specifications or contractors in the bid or offer would influence the
likelihood of acceptance of such bid or offer, commits a Class 4 felony.
It shall not constitute a violation of this subsection to convey
information intended to clarify plans or specifications regarding a public
contract where such disclosure of information is also made generally
available to the public.
(b) Any person who is an official of or employed by any unit of State or
local government who, either directly or indirectly, knowingly informs a
bidder or offeror that the bid or offer will be accepted or executed only
if specified individuals are included as subcontractors commits a Class 3
felony.
(c) It shall not constitute a violation of subsection (a) of this
Section where any person who is an official of or employed by any unit of
State or local government follows procedures established (i) by federal,
State or local minority or female owned business enterprise programs or (ii) pursuant to Section 45-57 of the Illinois Procurement Code.
(d) Any bidder or offeror who is the recipient of communications from
the unit of government which he reasonably believes to be proscribed by
subsections (a) or (b), and fails to inform either the Attorney General or
the State's Attorney for the county in which the unit of government is
located, commits a Class A misdemeanor.
(e) Any public official who knowingly awards a contract based on
criteria which were not publicly disseminated via the invitation to bid,
when such invitation to bid is required by law or ordinance, the pre-bid
conference, or any solicitation for contracts procedure or such
procedure used in any sheltered market procurement procedure adopted
pursuant to statute or ordinance, commits a Class 3 felony.
(f) It shall not constitute a violation of subsection (a) for any
person who is an official of or employed by any unit of State or local
government to provide to any person a copy of the transcript or other
summary of any pre-bid conference where such transcript or summary is also
made generally available to the public.
(Source: P.A. 97-260, eff. 8-5-11.)
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720 ILCS 5/33E-7
(720 ILCS 5/33E-7) (from Ch. 38, par. 33E-7)
Sec. 33E-7.
Kickbacks.
(a) A person violates this Section when he knowingly either:
(1) provides, attempts to provide or offers to provide any kickback;
(2) solicits, accepts or attempts to accept any kickback; or
(3) includes, directly or indirectly, the amount of any kickback
prohibited by paragraphs (1) or (2) of this subsection (a) in the contract
price charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime contractor to any
unit of State or local government for a public contract.
(b) Any person violates this Section when he has received an offer of
a kickback, or has been solicited to make a kickback, and fails to report
it to law enforcement officials, including but not limited to the Attorney
General or the State's Attorney for the county in which the contract is to be performed.
(c) A violation of subsection (a) is a Class 3 felony. A
violation of subsection (b) is a Class 4 felony.
(d) Any unit of State or local government may, in a civil action,
recover a civil penalty from any person who knowingly engages in conduct
which violates paragraph (3) of subsection (a) of this Section in twice the
amount of each kickback involved in the violation. This subsection (d)
shall in no way limit the ability of any unit of State or local government
to recover monies or damages regarding public contracts under any other law
or ordinance. A civil action shall be barred unless
the action is commenced within 6 years after the later of (1) the date on
which the conduct establishing the cause of action occurred or (2) the date
on which the unit of State or local government knew or should have known
that the conduct establishing the cause of action occurred.
(Source: P.A. 85-1295.)
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720 ILCS 5/33E-8
(720 ILCS 5/33E-8) (from Ch. 38, par. 33E-8)
Sec. 33E-8.
Bribery of inspector employed by contractor.
(a) A person
commits bribery of an inspector when he offers to any person employed by a
contractor or subcontractor on any public project contracted for by any
unit of State or local government any property or other thing of value
with the intent that such offer is for the purpose of
obtaining wrongful certification or approval of the quality or completion
of any goods or services supplied or performed in the course of work on
such project. Violation of this subsection is a Class 4 felony.
(b) Any person employed by a contractor or subcontractor on any public
project contracted for by any unit of State or local government who accepts any
property or other thing of value knowing that such was intentionally
offered for the purpose of influencing the certification or approval of
the quality or completion of any goods or services supplied or performed
under subcontract to that contractor, and either before or afterwards
issues such wrongful certification, commits a Class 3 felony. Failure to
report such offer to law enforcement officials, including but not limited
to the Attorney General or the State's Attorney for the county in which the
contract is performed, constitutes a Class 4 felony.
(Source: P.A. 85-1295.)
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720 ILCS 5/33E-9
(720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
Sec. 33E-9. Change orders. Any change order authorized under this
Section shall be made in writing. Any person employed by and authorized
by any unit of State or local government to approve a change order to any
public contract who knowingly grants that approval without first obtaining
from the unit of State or local government on whose behalf the contract was
signed, or from a designee authorized by that unit of State or local
government, a determination in writing that (1) the circumstances said to
necessitate the change in performance were not reasonably foreseeable at
the time the contract was signed, or (2) the change is germane to the
original contract as signed, or (3) the change order is in the best
interest of the unit of State or local government and authorized by law,
commits a Class 4 felony. The written determination and the written change
order resulting from that determination shall be preserved in the
contract's file which shall be open to the public for inspection. This
Section shall only apply to a change order or series of change orders
which authorize or necessitate an increase or decrease in either the cost
of a public contract by a total of $25,000 or more or the time of
completion by a total of 180 days or more.
(Source: P.A. 102-1119, eff. 1-23-23.)
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720 ILCS 5/33E-10
(720 ILCS 5/33E-10) (from Ch. 38, par. 33E-10)
Sec. 33E-10.
Rules of evidence.
(a) The certified bid is prima facie
evidence of the bid.
(b) It shall be presumed that in the absence of practices proscribed by this
Article 33E, all persons who submit bids in response to an invitation to
bid by any unit of State or local government submit their bids independent
of all other bidders, without information obtained from the governmental
entity outside the invitation to bid, and in a good faith effort to obtain
the contract.
(Source: P.A. 85-1295.)
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720 ILCS 5/33E-11
(720 ILCS 5/33E-11) (from Ch. 38, par. 33E-11)
Sec. 33E-11.
(a) Every bid submitted to and public contract executed
pursuant to such bid by the State or a unit of local government shall
contain a certification by the prime contractor that the prime contractor
is not barred from contracting with any unit of State or local government
as a result of a violation of either Section 33E-3 or 33E-4 of this
Article. The State and units of local government shall provide the
appropriate forms for such certification.
(b) A contractor who knowingly makes a false statement, material to the
certification, commits a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/33E-12
(720 ILCS 5/33E-12) (from Ch. 38, par. 33E-12)
Sec. 33E-12.
It shall not constitute a violation of any provisions of
this Article for any person who is an official of or employed by a unit of
State or local government to (1) disclose the name of any person who has
submitted a bid in response to or requested plans or specifications
regarding an invitation to bid or who has been awarded a public contract to
any person or, (2) to convey information concerning acceptable alternatives
or substitute to plans or specifications if such information is also made
generally available to the public and mailed to any person who has
submitted a bid in response to or requested plans or specifications
regarding an invitation to bid on a public contract or, (3) to negotiate
with the lowest responsible bidder a reduction in only the price term of
the bid.
(Source: P.A. 86-150.)
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720 ILCS 5/33E-13
(720 ILCS 5/33E-13) (from Ch. 38, par. 33E-13)
Sec. 33E-13.
Contract negotiations under the Local Government
Professional Services Selection Act shall not be subject to the provisions
of this Article.
(Source: P.A. 87-855.)
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720 ILCS 5/33E-14
(720 ILCS 5/33E-14)
Sec. 33E-14. False statements on vendor applications. (a) A person commits false statements on vendor applications when he or she knowingly
makes any false statement or report with the intent to influence in any way
the action of any unit of local government or school district in considering a
vendor
application.
(b) Sentence. False statements on vendor applications is a Class 3 felony. (Source: P.A. 99-78, eff. 7-20-15.)
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720 ILCS 5/33E-15
(720 ILCS 5/33E-15)
Sec. 33E-15. False entries. (a) An officer, agent, or employee of, or anyone
who is affiliated in any capacity with any unit of local government or school
district
commits false entries when he or she makes a false entry in any book, report, or statement of any
unit of local government or school district with the intent to defraud the unit
of local government or school district.
(b) Sentence. False entries is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/33E-16
(720 ILCS 5/33E-16)
Sec. 33E-16. Misapplication of funds. (a) An officer,
director, agent, or employee of, or affiliated in any capacity with any unit of
local government or school
district commits misapplication of funds when he or she knowingly
misapplies any of the moneys, funds, or credits of the unit of local government
or school district.
(b) Sentence. Misapplication of funds is a Class 3 felony. (Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/33E-17
(720 ILCS 5/33E-17)
Sec. 33E-17.
Unlawful participation.
Whoever, being an officer, director,
agent, or employee of, or affiliated in any capacity with any unit of local
government or school district
participates, shares in, or receiving directly or indirectly any
money, profit, property, or benefit through any contract with the unit of local
government or school
district, with the intent to defraud the unit of local government or school
district
is guilty of a Class 3 felony.
(Source: P.A. 90-800, eff. 1-1-99.)
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720 ILCS 5/33E-18
(720 ILCS 5/33E-18)
Sec. 33E-18. Unlawful stringing of bids.
(a) A person commits unlawful stringing of bids when he or she, with the intent to evade the bidding requirements of any
unit of local government or school district, knowingly strings or assists in
stringing or attempts to string any contract or job order with the unit of
local government
or school district.
(b) Sentence. Unlawful stringing of bids is a Class 4
felony.
(Source: P.A. 97-1108, eff. 1-1-13; 98-756, eff. 7-16-14.)
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720 ILCS 5/Art. 33F
(720 ILCS 5/Art. 33F heading)
ARTICLE 33F.
UNLAWFUL USE OF BODY ARMOR
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720 ILCS 5/33F-1
(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
Sec. 33F-1.
Definitions.
For purposes of this Article:
(a) "Body Armor" means any one of the following:
(1) A military style flak or tactical assault vest | | which is made of Kevlar or any other similar material or metal, fiberglass, plastic, and nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.
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(2) Soft body armor which is made of Kevlar or any
| | other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.
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(3) A military style recon/surveillance vest which is
| | made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.
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(4) Protective casual clothing which is made of
| | Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.
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(b) "Dangerous weapon" means a Category I, Category II, or
Category III weapon as
defined in Section 33A-1 of this Code.
(Source: P.A. 91-696, eff. 4-13-00.)
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720 ILCS 5/33F-2
(720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
Sec. 33F-2. Unlawful use of body armor. A person commits the
offense of unlawful use of body armor when he knowingly wears body armor
and is in possession of a dangerous weapon, other than a firearm, in the commission or attempted
commission of any offense.
(Source: P.A. 93-906, eff. 8-11-04.)
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720 ILCS 5/33F-3
(720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)
Sec. 33F-3.
Sentence.
A person convicted of unlawful use of body armor
for a first offense shall be guilty of a Class A misdemeanor and for a
second or subsequent offense shall be guilty of a Class 4 felony.
(Source: P.A. 87-521.)
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720 ILCS 5/Art. 33G
(720 ILCS 5/Art. 33G heading)
ARTICLE 33G. ILLINOIS STREET GANG AND RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS LAW
(Source: P.A. 97-686, eff. 6-11-12 .) |
720 ILCS 5/33G-1 (720 ILCS 5/33G-1) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-1. Short title. This Article may be cited as the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (or "RICO").
(Source: P.A. 97-686, eff. 6-11-12 .) |
720 ILCS 5/33G-2 (720 ILCS 5/33G-2) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-2. Legislative declaration. The substantial harm inflicted on the people and economy of this State by pervasive violent street gangs and other forms of enterprise criminality, is legitimately a matter of grave concern to the people of this State who have a basic right to be protected from that criminal activity and to be given adequate remedies to redress its harms. Whereas the current laws of this State provide inadequate remedies, procedures and punishments, the Illinois General Assembly hereby gives the supplemental remedies of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law full force and effect under law for the common good of this State and its people.
(Source: P.A. 97-686, eff. 6-11-12 .) |
720 ILCS 5/33G-3 (720 ILCS 5/33G-3) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-3. Definitions. As used in this Article: (a) "Another state" means any State of the United States (other than the State of Illinois), or the District of Columbia, or the Commonwealth of Puerto Rico, or any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof. (b) "Enterprise" includes: (1) any partnership, corporation, association, | | business or charitable trust, or other legal entity; and
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| (2) any group of individuals or other legal entities,
| | or any combination thereof, associated in fact although not itself a legal entity. An association in fact must be held together by a common purpose of engaging in a course of conduct, and it may be associated together for purposes that are both legal and illegal. An association in fact must:
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| (A) have an ongoing organization or structure,
| | either formal or informal;
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| (B) the various members of the group must
| | function as a continuing unit, even if the group changes membership by gaining or losing members over time; and
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| (C) have an ascertainable structure distinct from
| | that inherent in the conduct of a pattern of predicate activity.
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| As used in this Article, "enterprise" includes licit and illicit enterprises.
(c) "Labor organization" includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor that is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
(d) "Operation or management" means directing or carrying out the enterprise's affairs and is limited to any person who knowingly serves as a leader, organizer, operator, manager, director, supervisor, financier, advisor, recruiter, supplier, or enforcer of an enterprise in violation of this Article.
(e) "Predicate activity" means any act that is a Class 2 felony or higher and constitutes a violation or violations of any of the following provisions of the laws of the State of Illinois (as amended or revised as of the date the activity occurred or, in the instance of a continuing offense, the date that charges under this Article are filed in a particular matter in the State of Illinois) or any act under the law of another jurisdiction for an offense that could be charged as a Class 2 felony or higher in this State:
(1) under the Criminal Code of 1961 or the Criminal
| | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 (first degree murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 (aggravated unlawful restraint), 10-4 (forcible detention), 10-5(b)(10) (child abduction), 10-9 (trafficking in persons, involuntary servitude, and related offenses), 11-1.20 (criminal sexual assault), 11-1.30 (aggravated criminal sexual assault), 11-1.40 (predatory criminal sexual assault of a child), 11-1.60 (aggravated criminal sexual abuse), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution; patronizing a juvenile prostitute), 12-3.05 (aggravated battery), 12-6.4 (criminal street gang recruitment), 12-6.5 (compelling organization membership of persons), 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1 (robbery; aggravated robbery), 18-2 (armed robbery), 18-3 (vehicular hijacking), 18-4 (aggravated vehicular hijacking), 18-5 (aggravated robbery), 19-1 (burglary), 19-3 (residential burglary), 20-1 (arson; residential arson; place of worship arson), 20-1.1 (aggravated arson), 20-1.2 (residential arson), 20-1.3 (place of worship arson), 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 (aggravated discharge of a machine gun or silencer equipped firearm), 24-1.8 (unlawful possession of a firearm by a street gang member), 24-3.2 (unlawful discharge of firearm projectiles), 24-3.9 (aggravated possession of a stolen firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 (soliciting support for terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2 (possession of a deadly substance), 29D-20 (making a terrorist threat), 29D-25 (falsely making a terrorist threat), 29D-29.9 (material support for terrorism), 29D-35 (hindering prosecution of terrorism), 31A-1.2 (unauthorized contraband in a penal institution), or 33A-3 (armed violence);
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| (2) under the Cannabis Control Act: Sections 5
| | (manufacture or delivery of cannabis), 5.1 (cannabis trafficking), or 8 (production or possession of cannabis plants), provided the offense either involves more than 500 grams of any substance containing cannabis or involves more than 50 cannabis sativa plants;
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| (3) under the Illinois Controlled Substances Act:
| | Sections 401 (manufacture or delivery of a controlled substance), 401.1 (controlled substance trafficking), 405 (calculated criminal drug conspiracy), or 405.2 (street gang criminal drug conspiracy); or
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| (4) under the Methamphetamine Control and Community
| | Protection Act: Sections 15 (methamphetamine manufacturing), or 55 (methamphetamine delivery).
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| (f) "Pattern of predicate activity" means:
(1) at least 3 occurrences of predicate activity that
| | are in some way related to each other and that have continuity between them, and that are separate acts. Acts are related to each other if they are not isolated events, including if they have similar purposes, or results, or participants, or victims, or are committed a similar way, or have other similar distinguishing characteristics, or are part of the affairs of the same enterprise. There is continuity between acts if they are ongoing over a substantial period, or if they are part of the regular way some entity does business or conducts its affairs; and
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| (2) which occurs after the effective date of this
| | Article, and the last of which falls within 3 years (excluding any period of imprisonment) after the first occurrence of predicate activity.
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| (g) "Unlawful death" includes the following offenses: under the Code of 1961 or the Criminal Code of 2012: Sections 9-1 (first degree murder) or 9-2 (second degree murder).
(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .)
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720 ILCS 5/33G-4 (720 ILCS 5/33G-4) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-4. Prohibited activities. (a) It is unlawful for any person, who intentionally participates in the operation or management of an enterprise, directly or indirectly, to: (1) knowingly do so, directly or indirectly, through | | a pattern of predicate activity;
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| (2) knowingly cause another to violate this Article;
| | (3) knowingly conspire to violate this Article.
Notwithstanding any other provision of law, in any prosecution for a conspiracy to violate this Article, no person may be convicted of that conspiracy unless an overt act in furtherance of the agreement is alleged and proved to have been committed by him, her, or by a coconspirator, but the commission of the overt act need not itself constitute predicate activity underlying the specific violation of this Article.
(b) It is unlawful for any person knowingly to acquire or maintain, directly or indirectly, through a pattern of predicate activity any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money.
(c) Nothing in this Article shall be construed as to make unlawful any activity which is arguably protected or prohibited by the National Labor Relations Act, the Illinois Educational Labor Relations Act, the Illinois Public Labor Relations Act, or the Railway Labor Act.
(d) The following organizations, and any officer or agent of those organizations acting in his or her official capacity as an officer or agent, may not be sued in civil actions under this Article:
(1) a labor organization; or
(2) any business defined in Division D, E, F, G, H,
| | or I of the Standard Industrial Classification as established by the Occupational Safety and Health Administration, U.S. Department of Labor.
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| (e) Any person prosecuted under this Article may be convicted and sentenced either:
(1) for the offense of conspiring to violate this
| | Article, and for any other particular offense or offenses that may be one of the objects of a conspiracy to violate this Article; or
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| (2) for the offense of violating this Article, and
| | for any other particular offense or offenses that may constitute predicate activity underlying a violation of this Article.
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| (f) The State's Attorney, or a person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article. Prior to any State's Attorney authorizing a criminal prosecution under this Article, the State's Attorney shall adopt rules and procedures governing the investigation and prosecution of any offense enumerated in this Article. These rules and procedures shall set forth guidelines which require that any potential prosecution under this Article be subject to an internal approval process in which it is determined, in a written prosecution memorandum prepared by the State's Attorney's Office, that (1) a prosecution under this Article is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying predicate activity would not, and (2) a prosecution under this Article would provide the basis for an appropriate sentence under all the circumstances of the case in a way that a prosecution only on the underlying predicate activity would not. No State's Attorney, or person designated by law to act for him or her and to perform his or her duties during his or her absence or disability, may authorize a criminal prosecution under this Article prior to reviewing the prepared written prosecution memorandum. However, any internal memorandum shall remain protected from disclosure under the attorney-client privilege, and this provision does not create any enforceable right on behalf of any defendant or party, nor does it subject the exercise of prosecutorial discretion to judicial review.
(g) A labor organization and any officer or agent of that organization acting in his or her capacity as an officer or agent of the labor organization are exempt from prosecution under this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13 .)
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720 ILCS 5/33G-5 (720 ILCS 5/33G-5) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-5. Penalties. Under this Article, notwithstanding any other provision of law: (a) Any violation of subsection (a) of Section 33G-4 of this Article shall be sentenced as a Class X felony with a term of imprisonment of not less than 7 years and not more than 30 years, or the sentence applicable to the underlying predicate activity, whichever is higher, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended proceeds of the violation, if any, whichever is higher. (b) Any violation of subsection (b) of Section 33G-4 of this Article shall be sentenced as a Class X felony, and the sentence imposed shall also include restitution, and/or a criminal fine, jointly and severally, up to $250,000 or twice the gross amount of any intended proceeds of the violation, if any, whichever is higher. (c) Wherever the unlawful death of any person or persons results as a necessary or natural consequence of any violation of this Article, the sentence imposed on the defendant shall include an enhanced term of imprisonment of at least 25 years up to natural life, in addition to any other penalty imposed by the court, provided: (1) the death or deaths were reasonably foreseeable | | to the defendant to be sentenced; and
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| (2) the death or deaths occurred when the defendant
| | was otherwise engaged in the violation of this Article as a whole.
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| (d) A sentence of probation, periodic imprisonment, conditional discharge, impact incarceration or county impact incarceration, court supervision, withheld adjudication, or any pretrial diversionary sentence or suspended sentence, is not authorized for a violation of this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13 .)
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720 ILCS 5/33G-6 (720 ILCS 5/33G-6) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-6. Remedial proceedings, procedures, and forfeiture. (a) Under this Article, the circuit court shall have jurisdiction to prevent and restrain violations of this Article by issuing appropriate orders, including: (1) ordering any person to disgorge illicit proceeds | | obtained by a violation of this Article or divest himself or herself of any interest, direct or indirect, in any enterprise or real or personal property of any character, including money, obtained, directly or indirectly, by a violation of this Article;
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| (2) imposing reasonable restrictions on the future
| | activities or investments of any person or enterprise, including prohibiting any person or enterprise from engaging in the same type of endeavor as the person or enterprise engaged in, that violated this Article; or
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| (3) ordering dissolution or reorganization of any
| | enterprise, making due provision for the rights of innocent persons.
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| (b) Any violation of this Article is subject to the remedies, procedures, and forfeiture as set forth in Article 29B of this Code.
(c) Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 101-81, eff. 7-12-19 .)
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720 ILCS 5/33G-7 (720 ILCS 5/33G-7) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-7. Construction. In interpreting the provisions of this Article, the court shall construe them in light of the applicable model jury instructions set forth in the Federal Criminal Jury Instructions for the Seventh Circuit (1999) for Title IX of Public Law 91-452, 84 Stat. 922 (as amended in Title 18, United States Code, Sections 1961 through 1968), except to the extent that they are inconsistent with the plain language of this Article.
(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13 .) |
720 ILCS 5/33G-8 (720 ILCS 5/33G-8) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-8. Limitations. Under this Article, notwithstanding any other provision of law, but otherwise subject to the periods of exclusion from limitation as provided in Section 3-7 of this Code, the following limitations apply: (a) Any action, proceeding, or prosecution brought under this Article must commence within 5 years of one of the following dates, whichever is latest: (1) the date of the commission of the last occurrence | | of predicate activity in a pattern of that activity, in the form of an act underlying the alleged violation of this Article; or
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| (2) in the case of an action, proceeding, or
| | prosecution, based upon a conspiracy to violate this Article, the date that the last objective of the alleged conspiracy was accomplished, defeated or abandoned (whichever is later); or
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| (3) the date any minor victim of the violation
| | attains the age of 18 years or the date any victim of the violation subject to a legal disability thereafter gains legal capacity.
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| (b) Any action, proceeding, or prosecution brought under this Article may be commenced at any time against all defendants if the conduct of any defendant, or any part of the overall violation, resulted in the unlawful death of any person or persons.
(Source: P.A. 97-686, eff. 6-11-12 .)
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720 ILCS 5/33G-9 (720 ILCS 5/33G-9) (Section scheduled to be repealed on June 1, 2025) Sec. 33G-9. Repeal. This Article is repealed on June 1, 2025.
(Source: P.A. 102-918, eff. 5-27-22; 103-4, eff. 5-31-23.) |
720 ILCS 5/Tit. IV
(720 ILCS 5/Tit. IV heading)
TITLE IV.
CONSTRUCTION, EFFECTIVE DATE AND REPEAL
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720 ILCS 5/Art. 34
(720 ILCS 5/Art. 34 heading)
ARTICLE 34.
CONSTRUCTION AND EFFECTIVE DATE
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720 ILCS 5/34-1
(720 ILCS 5/34-1) (from Ch. 38, par. 34-1)
Sec. 34-1.
Effect of headings.
Section, Article, and
Title headings contained herein shall not be deemed
to govern, limit, modify or in any manner affect the scope, meaning, or
intent of the provisions of any Section, Article, or Title hereof.
(Source: P.A. 91-357, eff. 7-29-99.)
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720 ILCS 5/34-2
(720 ILCS 5/34-2) (from Ch. 38, par. 34-2)
Sec. 34-2.
Partial
invalidity.
The invalidity of any provision of this Code shall not affect the
validity of the remainder of this Code.
(Source: Laws 1961, p. 1983.)
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720 ILCS 5/34-3
(720 ILCS 5/34-3) (from Ch. 38, par. 34-3)
Sec. 34-3.
Savings
provisions; continuation of prior Statutes.
The provisions of Sections 2, 3 and 4 of "An Act to revise the law in
relation to the construction of the Statutes", approved March 5, 1874, as
amended, shall apply in all constructions of this Code.
(Source: Laws 1961, p. 1983.)
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720 ILCS 5/34-4
(720 ILCS 5/34-4) (from Ch. 38, par. 34-4)
Sec. 34-4.
Effective date.
This Code shall take effect January 1, 1962.
(Source: Laws 1961, p. 1983.)
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720 ILCS 5/Tit. V
(720 ILCS 5/Tit. V heading)
TITLE V.
ADDED ARTICLES
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720 ILCS 5/Art. 36
(720 ILCS 5/Art. 36 heading)
ARTICLE 36.
SEIZURE AND FORFEITURE
OF VESSELS, VEHICLES AND AIRCRAFT
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720 ILCS 5/36-1 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) Sec. 36-1. Property subject to forfeiture. (a) Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge and consent of the owner in the commission of or in the attempt to commit as defined in Section 8-4 of this Code: (1) an offense prohibited by Section 9-1 (first | | degree murder), Section 9-3 (involuntary manslaughter and reckless homicide), Section 10-2 (aggravated kidnaping), Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Section 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile prostitution), Section 11-20.1 (child pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated battery), Section 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), Section 16-1 (theft if the theft is of precious metal or of scrap metal), subdivision (f)(2) or (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed robbery), Section 19-1 (burglary), Section 19-2 (possession of burglary tools), Section 19-3 (residential burglary), Section 20-1 (arson; residential arson; place of worship arson), Section 20-2 (possession of explosives or explosive or incendiary devices), subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use of weapons), Section 24-1.2 (aggravated discharge of a firearm), Section 24-1.2-5 (aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm), Section 24-1.5 (reckless discharge of a firearm), Section 28-1 (gambling), or Section 29D-15.2 (possession of a deadly substance) of this Code;
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| (2) an offense prohibited by Section 21, 22, 23, 24
| | or 26 of the Cigarette Tax Act if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of such cigarettes;
|
| (3) an offense prohibited by Section 28, 29, or 30 of
| | the Cigarette Use Tax Act if the vessel or watercraft, vehicle, or aircraft contains more than 10 cartons of such cigarettes;
|
| (4) an offense prohibited by Section 44 of the
| | Environmental Protection Act;
|
| (5) an offense prohibited by Section 11-204.1 of the
| | Illinois Vehicle Code (aggravated fleeing or attempting to elude a peace officer);
|
| (6) an offense prohibited by Section 11-501 of the
| | Illinois Vehicle Code (driving while under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof) or a similar provision of a local ordinance, and:
|
| (A) during a period in which his or her driving
| | privileges are revoked or suspended if the revocation or suspension was for:
|
| (i) Section 11-501 (driving under the
| | influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof),
|
| (ii) Section 11-501.1 (statutory summary
| | suspension or revocation),
|
| (iii) paragraph (b) of Section 11-401 (motor
| | vehicle crashes involving death or personal injuries), or
|
| (iv) reckless homicide as defined in Section
| | (B) has been previously convicted of reckless
| | homicide or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted of committing a violation of driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof and was involved in a motor vehicle crash that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries;
|
| (C) the person committed a violation of driving
| | under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision for the third or subsequent time;
|
| (D) he or she did not possess a valid driver's
| | license or permit or a valid restricted driving permit or a valid judicial driving permit or a valid monitoring device driving permit; or
|
| (E) he or she knew or should have known that the
| | vehicle he or she was driving was not covered by a liability insurance policy;
|
| (7) an offense described in subsection (g) of Section
| | 6-303 of the Illinois Vehicle Code;
|
| (8) an offense described in subsection (e) of Section
| | 6-101 of the Illinois Vehicle Code; or
|
| (9)(A) operating a watercraft under the influence of
| | alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under Section 5-16 of the Boat Registration and Safety Act during a period in which his or her privileges to operate a watercraft are revoked or suspended and the revocation or suspension was for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; (B) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and has been previously convicted of reckless homicide or a similar provision of a law in another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof as an element of the offense or the person has previously been convicted of committing a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and was involved in an accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries; or (C) the person committed a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under Section 5-16 of the Boat Registration and Safety Act or a similar provision for the third or subsequent time.
|
| (b) In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels or watercraft, vehicles, and aircraft, and any such equipment shall be deemed a vessel or watercraft, vehicle, or aircraft for purposes of this Article.
(c) In addition, when a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (1), (2), (3), or (4) of subsection (a) of this Section.
(d) If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.
(e) In addition, property subject to forfeiture under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
720 ILCS 5/36-1.1 (720 ILCS 5/36-1.1) Sec. 36-1.1. Seizure. (a) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. (b) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer without process if there is probable cause to believe that the property is subject to forfeiture under Section 36-1 of this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable. (c) If the seized property is a conveyance, an investigation shall be made by the law enforcement agency as to any person whose right, title, interest, or lien is of record in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. (d) After seizure under this Section, notice shall be given to all known interest holders that forfeiture proceedings, including a preliminary review, may be instituted and the proceedings may be instituted under this Article.
(Source: P.A. 102-538, eff. 8-20-21.) |
720 ILCS 5/36-1.2 (720 ILCS 5/36-1.2) Sec. 36-1.2. Receipt for seized property. If a law enforcement officer seizes property for forfeiture under this Article, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be given, shall leave the receipt in the place where the property was found, if possible.
(Source: P.A. 100-512, eff. 7-1-18 .) |
720 ILCS 5/36-1.3 (720 ILCS 5/36-1.3) Sec. 36-1.3. Safekeeping of seized property pending disposition. (a) Property seized under this Article is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under this Article. (b) If property is seized under this Article, the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director of the Illinois State Police. Upon receiving notice of seizure, the Director of the Illinois State Police may: (1) place the property under seal; (2) remove the property to a place designated by the | | Director of the Illinois State Police;
|
| (3) keep the property in the possession of the
| | (4) remove the property to a storage area for
| | (5) place the property under constructive seizure by
| | posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property; or
|
| (6) provide for another agency or custodian,
| | including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the seizing agency.
|
| (c) The seizing agency shall exercise ordinary care to protect the subject of the forfeiture from negligent loss, damage, or destruction.
(d) Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 102-538, eff. 8-20-21.)
|
720 ILCS 5/36-1.4 (720 ILCS 5/36-1.4) Sec. 36-1.4. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under this Article shall, as soon as practicable but not later than 28 days after the seizure, notify the State's Attorney for the county in which an act or omission giving rise to the seizure occurred or in which the property was seized and the facts and circumstances giving rise to the seizure and shall provide the State's Attorney with the inventory of the property and its estimated value. The notice shall be by the delivery of Illinois State Police Notice/Inventory of Seized Property (Form 4-64). If the property seized for forfeiture is a vehicle, the law enforcement agency seizing the property shall immediately notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
720 ILCS 5/36-1.5 (720 ILCS 5/36-1.5) Sec. 36-1.5. Preliminary review. (a) Within 14 days of the seizure, the State's Attorney of the county in which the seizure occurred shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not apply to any proceeding conducted under this Section. (c) The court may conduct the review under subsection (a) of this Section simultaneously with a proceeding under Section 109-1 of the Code of Criminal Procedure of 1963 for a related criminal offense if a prosecution is commenced by information or complaint. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information or complaint charging a related criminal offense or following the return of indictment by a grand jury charging the related offense as sufficient evidence of probable cause as required under subsection (a) of this Section. (e) Upon making a finding of probable cause as required under this Section, the circuit court shall order the property subject to the provisions of the applicable forfeiture Act held until the conclusion of any forfeiture proceeding. For seizures of conveyances, within 28 days of a finding of probable cause under subsection (a) of this Section, the registered owner or other claimant may file a motion in writing supported by sworn affidavits claiming that denial of the use of the conveyance during the pendency of the forfeiture proceedings creates a substantial hardship and alleges facts showing that the hardship was not due to his or her culpable negligence. The court shall consider the following factors in determining whether a substantial hardship has been proven: (1) the nature of the claimed hardship; (2) the availability of public transportation or | | other available means of transportation; and
|
| (3) any available alternatives to alleviate the
| | hardship other than the return of the seized conveyance.
|
| If the court determines that a substantial hardship has been proven, the court shall then balance the nature of the hardship against the State's interest in safeguarding the conveyance. If the court determines that the hardship outweighs the State's interest in safeguarding the conveyance, the court may temporarily release the conveyance to the registered owner or the registered owner's authorized designee, or both, until the conclusion of the forfeiture proceedings or for such shorter period as ordered by the court provided that the person to whom the conveyance is released provides proof of insurance and a valid driver's license and all State and local registrations for operation of the conveyance are current. The court shall place conditions on the conveyance limiting its use to the stated hardship and providing transportation for employment, religious purposes, medical needs, child care, and restricting the conveyance's use to only those individuals authorized to use the conveyance by the registered owner. The use of the vehicle shall be further restricted to exclude all recreational and entertainment purposes. The court may order additional restrictions it deems reasonable and just on its own motion or on motion of the People. The court shall revoke the order releasing the conveyance and order that the conveyance be reseized by law enforcement if the conditions of release are violated or if the conveyance is used in the commission of any offense identified in subsection (a) of Section 6-205 of the Illinois Vehicle Code.
If the court orders the release of the conveyance during the pendency of the forfeiture proceedings, the court may order the registered owner or his or her authorized designee to post a cash security with the clerk of the court as ordered by the court. If cash security is ordered, the court shall consider the following factors in determining the amount of the cash security:
(A) the full market value of the conveyance;
(B) the nature of the hardship;
(C) the extent and length of the usage of the
| | (D) the ability of the owner or designee to pay; and
(E) other conditions as the court deems necessary to
| | safeguard the conveyance.
|
| If the conveyance is released, the court shall order that the registered owner or his or her designee safeguard the conveyance, not remove the conveyance from the jurisdiction, not conceal, destroy, or otherwise dispose of the conveyance, not encumber the conveyance, and not diminish the value of the conveyance in any way. The court shall also make a determination of the full market value of the conveyance prior to it being released based on a source or sources defined in 50 Ill. Adm. Code 919.80(c)(2)(A) or 919.80(c)(2)(B).
If the conveyance subject to forfeiture is released under this Section and is subsequently forfeited, the person to whom the conveyance was released shall return the conveyance to the law enforcement agency that seized the conveyance within 7 days from the date of the declaration of forfeiture or order of forfeiture. If the conveyance is not returned within 7 days, the cash security shall be forfeited in the same manner as the conveyance subject to forfeiture. If the cash security was less than the full market value, a judgment shall be entered against the parties to whom the conveyance was released and the registered owner, jointly and severally, for the difference between the full market value and the amount of the cash security. If the conveyance is returned in a condition other than the condition in which it was released, the cash security shall be returned to the surety who posted the security minus the amount of the diminished value, and that amount shall be forfeited in the same manner as the conveyance subject to forfeiture. Additionally, the court may enter an order allowing any law enforcement agency in the State of Illinois to seize the conveyance wherever it may be found in the State to satisfy the judgment if the cash security was less than the full market value of the conveyance.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/36-1a
(720 ILCS 5/36-1a) (from Ch. 38, par. 36-1a)
Sec. 36-1a. (Repealed).
(Source: P.A. 98-699, eff. 1-1-15. Repealed by P.A. 100-512, eff. 7-1-18 .)
|
720 ILCS 5/36-2
(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
Sec. 36-2. Complaint for forfeiture. (a) If the State's Attorney of the county in which such seizure occurs
finds that the alleged violation of law giving rise to the seizure was incurred without willful negligence
or without any intention on the part of the owner of the vessel or watercraft, vehicle,
or aircraft or any person whose right, title, or interest is of record as
described in Section 36-1 of this Article, to violate the law, or finds the existence of
such mitigating circumstances as to justify remission of the forfeiture, he or she
may cause the law enforcement agency having custody of the property to return the property to the owner within a reasonable time not to exceed 7 days. The State's Attorney
shall exercise his or her discretion under this subsection (a) prior to or promptly after the preliminary review under Section 36-1.5. (b) If, after review of the facts surrounding the seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture and the State's Attorney does not cause the forfeiture to
be remitted under subsection (a) of this Section, he or she shall bring an action for forfeiture in the
circuit court within whose jurisdiction the seizure and confiscation has
taken place by filing a verified complaint for forfeiture in the circuit court within whose jurisdiction the seizure occurred, or within whose jurisdiction an act or omission giving rise to the seizure occurred, subject to Supreme Court Rule 187. The complaint shall be filed as soon as practicable but not later than 28 days after the State's Attorney receives notice from the seizing agency as provided under Section 36-1.4 of this Article. A complaint of forfeiture shall include: (1) a description of the property seized; (2) the date and place of seizure of the property; (3) the name and address of the law enforcement | | agency making the seizure; and
|
| (4) the specific statutory and factual grounds for
| | The complaint shall be served upon each person whose right, title, or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other department of this State, or any other state of the United States if the vessel or watercraft, vehicle, or aircraft is required to be so registered, as the case may be, the person from whom the property was seized, and all persons known or reasonably believed by the State to claim an interest in the property, as provided in this Article. The complaint shall be accompanied by the following written notice:
"This is a civil court proceeding subject to the Code of Civil Procedure. You received this Complaint of Forfeiture because the State's Attorney's office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back."
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/36-2.1 (720 ILCS 5/36-2.1) Sec. 36-2.1. Notice to owner or interest holder.
The first attempted service of notice shall be commenced within 28 days of the receipt of the notice from the seizing agency by Form 4-64. If the property seized is a conveyance, notice shall also be directed to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded. A complaint for forfeiture shall be served upon the property owner or interest holder in the following manner: (1) If the owner's or interest holder's name and | | current address are known, then by either:
|
| (A) personal service; or
(B) mailing a copy of the notice by certified
| | mail, return receipt requested, and first class mail to that address.
|
| (i) If notice is sent by certified mail and
| | no signed return receipt is received by the State's Attorney within 28 days of mailing, and no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by said parties, the State's Attorney shall, within a reasonable period of time, mail a second copy of the notice by certified mail, return receipt requested, and first class mail to that address.
|
| (ii) If no signed return receipt is received
| | by the State's Attorney within 28 days of the second attempt at service by certified mail, and no communication from the owner or interest holder is received by the State's Attorney documenting actual notice by said parties, the State's Attorney shall have 60 days to attempt to serve the notice by personal service, which also includes substitute service by leaving a copy at the usual place of abode with some person of the family or a person residing there, of the age of 13 years or upwards. If, after 3 attempts at service in this manner, no service of the notice is accomplished, then the notice shall be posted in a conspicuous manner at this address and service shall be made by the posting.
|
| The attempts at service and the posting, if
| | required, shall be documented by the person attempting service and said documentation shall be made part of a return of service returned to the State's Attorney.
|
| The State's Attorney may utilize a Sheriff or
| | Deputy Sheriff, any peace officer, a private process server or investigator, or any employee, agent, or investigator of the State's Attorney's office to attempt service without seeking leave of court.
|
| After the procedures are followed, service shall
| | be effective on an owner or interest holder on the date of receipt by the State's Attorney of a return receipt, or on the date of receipt of a communication from an owner or interest holder documenting actual notice, whichever is first in time, or on the date of the last act performed by the State's Attorney in attempting personal service under item (ii) of this paragraph (1). If notice is to be shown by actual notice from communication with a claimant, then the State's Attorney shall file an affidavit providing details of the communication, which shall be accepted as sufficient proof of service by the court.
|
| For purposes of notice under this Section, if a
| | person has been arrested for the conduct giving rise to the forfeiture, the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the complaint for forfeiture, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeiture, the owner or interest holder shall promptly notify the State's Attorney of the change in address; or if the property seized is a conveyance, to the address reflected in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded.
|
| (2) If the owner's or interest holder's address is
| | not known, and is not on record, then notice shall be served by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred.
|
| (3) Notice to any business entity, corporation,
| | limited liability company, limited liability partnership, or partnership shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt.
|
| (4) Notice to a person whose address is not within
| | the State shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice is complete regardless of the return of a signed return receipt.
|
| (5) Notice to a person whose address is not within
| | the United States shall be completed by a single mailing of a copy of the notice by certified mail, return receipt requested, and first class mail to that address. This notice shall be complete regardless of the return of a signed return receipt. If certified mail is not available in the foreign country where the person has an address, then notice shall proceed by publication under paragraph (2) of this Section.
|
| (6) Notice to any person whom the State's Attorney
| | reasonably should know is incarcerated within the State shall also include mailing a copy of the notice by certified mail, return receipt requested, and first class mail to the address of the detention facility with the inmate's name clearly marked on the envelope.
|
|
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/36-2.2 (720 ILCS 5/36-2.2) Sec. 36-2.2. Replevin prohibited; return of personal property inside seized conveyance. (a) Property seized under this Article shall not be subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney. (b) A claimant or a party interested in personal property contained within a seized conveyance may file a motion with the court in a judicial forfeiture action for the return of any personal property contained within a conveyance seized under this Article. The return of personal property shall not be unreasonably withheld if the personal property is not mechanically or electrically coupled to the conveyance, needed for evidentiary purposes, or otherwise contraband. A law enforcement agency that returns property under a court order under this Section shall not be liable to any person who claims ownership to the property if the property is returned to an improper party.
(Source: P.A. 102-538, eff. 8-20-21.) |
720 ILCS 5/36-2.5 (720 ILCS 5/36-2.5) Sec. 36-2.5. Judicial in rem procedures. (a) The laws of evidence relating to civil actions shall apply to judicial in rem proceedings under this Article. (b) Only an owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. For purposes of this Section, the owner or interest holder shall be referred to as claimant. A person not named in the forfeiture complaint who claims to have an interest in the property may petition to intervene as a claimant under Section 2-408 of the Code of Civil Procedure. (c) The answer shall be filed with the court within 45 days after service of the civil in rem complaint. (d) The trial shall be held within 60 days after filing of the answer unless continued for good cause. (e) In its case in chief, the State shall show by a preponderance of the evidence that: (1) the property is subject to forfeiture; and (2) at least one of the following: (i) the claimant knew or should have known that | | the conduct was likely to occur; or
|
| (ii) the claimant is not the true owner of the
| | property that is subject to forfeiture.
|
| In any forfeiture case under this Article, a claimant may present evidence to overcome evidence presented by the State that the property is subject to forfeiture.
(f) Notwithstanding any other provision of this Section, the State's burden of proof at the trial of the forfeiture action shall be by clear and convincing evidence if:
(1) a finding of not guilty is entered as to all
| | counts and all defendants in a criminal proceeding relating to the conduct giving rise to the forfeiture action; or
|
| (2) the State receives an adverse finding at a
| | preliminary hearing and fails to secure an indictment in a criminal proceeding related to the factual allegations of the forfeiture action.
|
| (g) If the State does not meet its burden of proof, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property in which the State does meet its burden of proof forfeited to the State. If the State does meet its burden of proof, the court shall order all property forfeited to the State.
(h) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.
(i) An acquittal or dismissal in a criminal proceeding shall not preclude civil proceedings under this Act; however, for good cause shown, on a motion by either party, the court may stay civil forfeiture proceedings during the criminal trial for a related criminal indictment or information alleging a violation of law authorizing forfeiture under Section 36-1 of this Article.
(j) Title to all property declared forfeited under this Act vests in this State on the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Except as otherwise provided in this Article, any property or proceeds subsequently transferred to any person remain subject to forfeiture unless a person to whom the property was transferred makes an appropriate claim under or has the claim adjudicated at the judicial in rem hearing.
(k) No property shall be forfeited under this Article from a person who, without actual or constructive notice that the property was the subject of forfeiture proceedings, obtained possession of the property as a bona fide purchaser for value. A person who purports to transfer property after receiving actual or constructive notice that the property is subject to seizure or forfeiture is guilty of contempt of court and shall be liable to the State for a penalty in the amount of the fair market value of the property.
(l) A civil action under this Article shall be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known or 5 years after the forfeitable property is discovered, whichever is later, excluding any time during which either the property or claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.
(m) If property is ordered forfeited under this Article from a claimant who held title to the property in joint tenancy or tenancy in common with another claimant, the court shall determine the amount of each owner's interest in the property according to principles of property law.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
|
720 ILCS 5/36-2.7 (720 ILCS 5/36-2.7) Sec. 36-2.7. Innocent owner hearing. (a) After a complaint for forfeiture has been filed and all claimants have appeared and answered, a claimant may file a motion with the court for an innocent owner hearing prior to trial. This motion shall be made and supported by sworn affidavit and shall assert the following along with specific facts that support each assertion: (1) that the claimant filing the motion is the true | | owner of the conveyance as interpreted by case law; and
|
| (2) that the claimant did not know or did not have
| | reason to know the conduct giving rise to the forfeiture was likely to occur.
|
| The claimant's motion shall include specific facts that support these assertions.
(b) Upon the filing, a hearing may only be conducted after the parties have been given the opportunity to conduct limited discovery as to the ownership and control of the property, the claimant's knowledge, or any matter relevant to the issues raised or facts alleged in the claimant's motion. Discovery shall be limited to the People's requests in these areas but may proceed by any means allowed in the Code of Civil Procedure.
(c) After discovery is complete and the court has allowed for sufficient time to review and investigate the discovery responses, the court shall conduct a hearing. At the hearing, the fact that the conveyance is subject to forfeiture shall not be at issue. The court shall only hear evidence relating to the issue of innocent ownership.
(d) At the hearing on the motion, the claimant shall bear the burden of proving each of the assertions listed in subsection (a) of this Section by a preponderance of the evidence. If a claimant meets the burden of proof, the court shall grant the motion and order the conveyance returned to the claimant. If the claimant fails to meet the burden of proof, the court shall deny the motion and the forfeiture case shall proceed according to the Code of Civil Procedure.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
|
720 ILCS 5/36-3
(720 ILCS 5/36-3) (from Ch. 38, par. 36-3)
Sec. 36-3. Exemptions from forfeiture.
(a) No vessel or watercraft, vehicle, or aircraft used by any person as a common
carrier in the transaction of business as such common carrier may be
forfeited under the provisions of Section 36-2 unless the State proves by a preponderance of the evidence that (1)
in the case of a railway car or engine, the owner, or (2) in the case of
any other such vessel or watercraft, vehicle or aircraft, the owner or the master of such
vessel or watercraft or the owner or conductor, driver, pilot, or other person in charge
of such vehicle or aircraft was at the time of the alleged illegal act a
consenting party or privy thereto.
(b) No vessel or watercraft, vehicle, or aircraft shall be forfeited under the
provisions of Section 36-2 of this Article by reason of any act or omission committed or omitted by any person other
than such owner while such vessel or watercraft, vehicle, or aircraft was unlawfully in
the possession of a person who acquired possession thereof in violation of
the criminal laws of the United States, or of any state.
(Source: P.A. 100-512, eff. 7-1-18 .)
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720 ILCS 5/36-3.1 (720 ILCS 5/36-3.1) Sec. 36-3.1. Proportionality. Property forfeited under this Article shall be subject to an 8th Amendment to the United States Constitution disproportionate penalties analysis, and the property forfeiture may be denied in whole or in part if the court finds that the forfeiture would constitute an excessive fine in violation of the 8th Amendment to the United States Constitution, as interpreted by case law.
(Source: P.A. 100-512, eff. 7-1-18 .) |
720 ILCS 5/36-4
(720 ILCS 5/36-4) (from Ch. 38, par. 36-4)
Sec. 36-4. Remission by Attorney General. Whenever any owner of, or other person interested in, a vessel or watercraft, vehicle,
or aircraft seized under the provisions of this Act files with the Attorney
General before the sale or destruction of such vessel or watercraft, vehicle, or
aircraft, a petition for the remission of such forfeiture the Attorney
General if he finds that such forfeiture was incurred without willful
negligence or without any intention on the part of the owner or any person
whose right, title or interest is of record as described in Section 36-1,
to violate the law, or finds the existence of such mitigating circumstances
as to justify the remission of forfeiture, may cause the same to be
remitted upon such terms and conditions as he deems reasonable and just, or
order discontinuance of any forfeiture proceeding relating thereto.
(Source: P.A. 98-699, eff. 1-1-15 .)
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720 ILCS 5/36-5 (720 ILCS 5/36-5) Sec. 36-5. (Repealed).
(Source: P.A. 98-1020, eff. 8-22-14. Repealed by P.A. 100-512, eff. 7-1-18 .) |
720 ILCS 5/36-6 (720 ILCS 5/36-6) Sec. 36-6. Return of property, damages and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall return to the claimant, within a reasonable period of time not to exceed 7 days unless the order is stayed by the trial court or a reviewing court pending an appeal, motion to reconsider, or other reason after the court orders the property to be returned or conveyed to the claimant: (1) property ordered by the court to be conveyed or | | returned to the claimant; and
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| (2) property ordered by the court to be conveyed or
| | returned to the claimant under subsection (d) of Section 36-3.1 of this Article.
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| (b) The law enforcement agency that holds custody of property seized under this Article is responsible for any damages, storage fees, and related costs applicable to property returned to a claimant under this Article. The claimant shall not be subject to any charges by the
State for storage of the property or expenses incurred in the preservation of the property. Charges for the towing of a conveyance shall be borne by the claimant unless the conveyance was towed for the sole reason of seizure for forfeiture. This subsection does not prohibit the imposition of any fees or costs by a home rule unit of local government related to the impoundment of a conveyance under an ordinance enacted by the unit of government.
(Source: P.A. 100-512, eff. 7-1-18 .)
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720 ILCS 5/36-7 (720 ILCS 5/36-7) Sec. 36-7. Distribution of proceeds; selling or retaining seized property prohibited. (a) Except as otherwise provided in this Section, the court shall order that property forfeited under this Article be delivered to the Illinois State Police within 60 days. (b) The Illinois State Police or its designee shall dispose of all property at public auction and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, under subsection (c) of this Section. (c) All moneys and the sale proceeds of all other property forfeited and seized under this Act shall be distributed as follows: (1) 65% shall be distributed to the drug task force, | | metropolitan enforcement group, local, municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture. The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based. Amounts distributed to the agency or agencies shall be used, at the discretion of the agency, for the enforcement of criminal laws; or for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol; or for security cameras used for the prevention or detection of violence, except that amounts distributed to the Secretary of State shall be deposited into the Secretary of State Evidence Fund to be used as provided in Section 2-115 of the Illinois Vehicle Code.
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| Any local, municipal, or county law enforcement
| | agency entitled to receive a monetary distribution of forfeiture proceeds may share those forfeiture proceeds pursuant to the terms of an intergovernmental agreement with a municipality that has a population in excess of 20,000 if:
|
| (A) the receiving agency has entered into an
| | intergovernmental agreement with the municipality to provide police services;
|
| (B) the intergovernmental agreement for police
| | services provides for consideration in an amount of not less than $1,000,000 per year;
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| (C) the seizure took place within the
| | geographical limits of the municipality; and
|
| (D) the funds are used only for the enforcement
| | of criminal laws; for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol; or for security cameras used for the prevention or detection of violence or the establishment of a municipal police force, including the training of officers, construction of a police station, the purchase of law enforcement equipment, or vehicles.
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| (2) 12.5% shall be distributed to the Office of the
| | State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use, at the discretion of the State's Attorney, in the enforcement of criminal laws; or for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol; or at the discretion of the State's Attorney, in addition to other authorized purposes, to make grants to local substance abuse treatment facilities and half-way houses. In counties over 3,000,000 population, 25% will be distributed to the Office of the State's Attorney for use, at the discretion of the State's Attorney, in the enforcement of criminal laws; or for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol; or at the discretion of the State's Attorney, in addition to other authorized purposes, to make grants to local substance abuse treatment facilities and half-way houses. If the prosecution is undertaken solely by the Attorney General, the portion provided shall be distributed to the Attorney General for use in the enforcement of criminal laws governing cannabis and controlled substances or for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol.
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| 12.5% shall be distributed to the Office of the
| | State's Attorneys Appellate Prosecutor and shall be used at the discretion of the State's Attorneys Appellate Prosecutor for additional expenses incurred in the investigation, prosecution and appeal of cases arising in the enforcement of criminal laws; or for public education in the community or schools in the prevention or detection of the abuse of drugs or alcohol. The Office of the State's Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.
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| (3) 10% shall be retained by the Illinois State
| | Police for expenses related to the administration and sale of seized and forfeited property.
|
| (d) A law enforcement agency shall not retain forfeited property for its own use or transfer the property to any person or entity, except as provided under this Section. A law enforcement agency may apply in writing to the Director of the Illinois State Police to request that forfeited property be awarded to the agency for a specifically articulated official law enforcement use in an investigation. The Director of the Illinois State Police shall provide a written justification in each instance detailing the reasons why the forfeited property was placed into official use, and the justification shall be retained for a period of not less than 3 years.
(Source: P.A. 102-538, eff. 8-20-21.)
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720 ILCS 5/36-9 (720 ILCS 5/36-9) Sec. 36-9. Reporting. Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18 .) |
720 ILCS 5/Art. 36.5
(720 ILCS 5/Art. 36.5 heading)
ARTICLE 36.5. VEHICLE IMPOUNDMENT
(Source: P.A. 96-1551, eff. 7-1-11.) |
720 ILCS 5/36-10 (720 ILCS 5/36-10) Sec. 36-10. Applicability; savings clause. (a) The changes made to this Article by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Article by Public Act 100-699 are subject to Section 4 of the Statute on Statutes.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.) |
720 ILCS 5/36.5-5
(720 ILCS 5/36.5-5) Sec. 36.5-5. Vehicle impoundment. (a) In addition to any other penalty, fee or forfeiture provided by law, a peace officer who arrests a person for a violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1 of this Code or related municipal ordinance, may tow and impound any vehicle used by the person in the commission of the violation. The person arrested for one or more such violations shall be charged a $1,000 fee, to be paid to the law enforcement agency that made the arrest or its designated representative. The person may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of the fee. (b) $500 of the fee shall be distributed to the law enforcement agency whose peace officers made the arrest, for the costs incurred by the law enforcement agency to investigate and to tow and impound the vehicle. Upon the defendant's conviction of one or more of the violations in connection with which the vehicle was impounded and the fee imposed under this Section, the remaining $500 of the fee shall be deposited into the Specialized Services for Survivors of Human Trafficking Fund and disbursed in accordance with subsections (d), (e), and (f) of Section 5-9-1.21 of the Unified Code of Corrections. (c) Upon the presentation by the defendant of a signed court order showing that the defendant has been acquitted of all of the violations in connection with which a vehicle was impounded and a fee imposed under this Section, or that the charges against the defendant for those violations have been dismissed, the law enforcement agency shall refund the $1,000 fee to the defendant.
(Source: P.A. 97-333, eff. 8-12-11; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1013, eff. 1-1-15 .)
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720 ILCS 5/Art. 37
(720 ILCS 5/Art. 37 heading)
ARTICLE 37.
PROPERTY FORFEITURE
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720 ILCS 5/37-1
(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
Sec. 37-1. Maintaining Public Nuisance. Any building used in the commission of offenses prohibited by Sections
9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or
39A-1, or subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of this Code, or
prohibited by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis
Control Act, or used in the commission of an inchoate offense
relative to any of the aforesaid principal offenses, or any real property
erected, established, maintained, owned, leased, or used by a streetgang for
the purpose of conducting streetgang related activity as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public
nuisance.
(b) Sentence. A person convicted of knowingly maintaining such a public
nuisance commits a Class A misdemeanor. Each subsequent offense under this
Section is a Class 4 felony.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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720 ILCS 5/37-2
(720 ILCS 5/37-2) (from Ch. 38, par. 37-2)
Sec. 37-2.
Enforcement of lien upon public nuisance.
Any building, used in the commission of an offense specified in Section
37-1 of this Act with the intentional, knowing, reckless or negligent
permission of the owner thereof, or the agent of the owner managing the
building, shall, together with the underlying real estate, all fixtures and
other property used to commit such an offense, be subject to a lien and may
be sold to pay any unsatisfied judgment that may be recovered and any
unsatisfied fine that may be levied under any Section of this Article and
to pay to any person not maintaining the nuisance his damages as a
consequence of the nuisance; provided, that the lien herein created shall
not affect the rights of any purchaser, mortgagee, judgment creditor or
other lien holder arising prior to the filing of a notice of such lien in
the office of the recorder of the county in which the real estate
subject to the lien is located, or in the office of the registrar of titles
of such county if that real estate is registered under "An Act concerning
land titles" approved May 1, 1897, as amended; which notice shall
definitely describe the real estate and property involved, the nature and
extent of the lien claimed, and the facts upon which the same is based. An
action to enforce such lien may be commenced in any circuit court by the
State's Attorney of the county of the nuisance or by the person suffering
damages or both, except that a person seeking to recover damages must
pursue his remedy within 6 months after the damages are sustained or his
cause of action becomes thereafter exclusively enforceable by the State's
Attorney of the county of the nuisance.
(Source: P.A. 83-358.)
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720 ILCS 5/37-3
(720 ILCS 5/37-3) (from Ch. 38, par. 37-3)
Sec. 37-3.
Revocation of licenses, permits and certificates.
All licenses, permits or certificates issued by the State of Illinois or
any subdivision or political agency thereof authorizing the serving of food
or liquor on any premises found to constitute a public nuisance as
described in Section 37-1 shall be void and shall be revoked by the issuing
authority; and no license, permit or certificate so revoked shall be
reissued for such premises for a period of 60 days thereafter; nor shall
any person convicted of knowingly maintaining such nuisance be reissued
such license, permit or certificate for one year from his conviction. No
license, permit or certificate shall be revoked pursuant to this Section
without a full hearing conducted by the commission or agency which issued
the license.
(Source: Laws 1965, p. 403.)
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720 ILCS 5/37-4
(720 ILCS 5/37-4) (from Ch. 38, par. 37-4)
Sec. 37-4.
Abatement of nuisance.)
The Attorney General of this State or the State's Attorney of the county
wherein the nuisance exists may commence an action to abate a public nuisance
as described
in Section 37-1 of this Act, in the name of the People of the State of
Illinois, in
the circuit court. Upon being satisfied by
affidavits or other sworn evidence that an alleged public nuisance exists,
the court may without notice or bond enter a temporary restraining
order or preliminary injunction to enjoin
any defendant from maintaining such nuisance and may enter an order
restraining any defendant from removing or interfering with all property
used in connection with the public nuisance. If during the proceedings and
hearings upon the merits, which shall be in the manner of "An Act in
relation to places used for the purpose of using, keeping or selling
controlled substances or cannabis", approved July 5, 1957, the existence
of the nuisance is established, and it is found that such nuisance
was maintained with the intentional, knowing, reckless or negligent
permission of the owner or the agent of the owner managing the building,
the court shall enter an order restraining all persons from maintaining or
permitting such nuisance and from using the building for a period of one
year thereafter, except that an owner, lessee or other occupant thereof may
use such place if the owner shall give bond with sufficient security or
surety approved by the court, in an amount between $1,000 and $5,000
inclusive, payable to the People of the State of Illinois, and including a
condition that no offense specified in Section 37-1 of this Act shall be
committed at, in or upon the property described and a condition that the
principal obligor and surety assume responsibility for any fine, costs or
damages resulting from such an offense thereafter.
(Source: P.A. 83-342.)
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720 ILCS 5/37-5
(720 ILCS 5/37-5) (from Ch. 38, par. 37-5)
Sec. 37-5.
Enforcement by private person.
A private person may, after 30 days and within 90 days of giving the
Attorney General and the State's Attorney of the county of nuisance written
notice by certified or registered mail of the fact that a public nuisance
as described in Section 37-1 of this Act, commence an action pursuant to
Section 37-4 of this Act, provided that the Attorney General or the State's
Attorney of the county of nuisance has not already commenced said action.
(Source: Laws 1965, p. 403.)
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720 ILCS 5/Art. 37.5
(720 ILCS 5/Art. 37.5 heading)
ARTICLE 37.5.
ANIMAL FIGHTING; FORFEITURE
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720 ILCS 5/37.5-5
(720 ILCS 5/37.5-5)
Sec. 37.5-5. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-10
(720 ILCS 5/37.5-10)
Sec. 37.5-10. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-15
(720 ILCS 5/37.5-15)
Sec. 37.5-15. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-20
(720 ILCS 5/37.5-20)
Sec. 37.5-20. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-25
(720 ILCS 5/37.5-25)
Sec. 37.5-25. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-30
(720 ILCS 5/37.5-30)
Sec. 37.5-30. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-35
(720 ILCS 5/37.5-35)
Sec. 37.5-35. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-40
(720 ILCS 5/37.5-40)
Sec. 37.5-40. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/37.5-45
(720 ILCS 5/37.5-45)
Sec. 37.5-45. (Repealed).
(Source: P.A. 93-192, eff. 7-14-03. Repealed by P.A. 96-712, eff. 1-1-10.)
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720 ILCS 5/Art. 38
(720 ILCS 5/Art. 38 heading)
ARTICLE 38.
CRIMINALLY OPERATED BUSINESSES
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720 ILCS 5/38-1
(720 ILCS 5/38-1) (from Ch. 38, par. 38-1)
Sec. 38-1.
Forfeiture of charter and revocation of certificate.
The State's Attorney is authorized to institute civil proceedings in the
Circuit Court to forfeit the charter of a corporation organized under the
laws of this State or to revoke the certificate authorizing a foreign
corporation to conduct business in this State. The Court may order the
charter forfeited or the certificate revoked upon finding (a) that a
director, officer, employee, agent or stockholder acting in behalf of the
corporation has, in conducting the corporation's affairs, purposely engaged
in a persistent course of intimidation, coercion, bribery or other such
illegal conduct with the intent to compel other persons, firms, or
corporations to deal with such corporation, and (b) that for the prevention
of future illegal conduct of the same character, the public interest
requires the charter of the corporation to be forfeited and the corporation
to be dissolved or the certificate to be revoked.
(Source: Laws 1965, p. 1222.)
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720 ILCS 5/38-2
(720 ILCS 5/38-2) (from Ch. 38, par. 38-2)
Sec. 38-2.
Enjoining operation of a business.
The State's Attorney is authorized to institute civil proceedings in the
Circuit Court to enjoin the operation of any business other than a
corporation, including a partnership, joint venture or sole proprietorship.
The Court may grant the injunction upon finding that (a) any person in
control of any such business, who may be a partner in a partnership, a
participant in a joint venture, the owner of a sole proprietorship, an
employee or agent of any such business, or a person who, in fact, exercises
control over the operations of any such business, has, in conducting its
business affairs, purposely engaged in a persistent course of intimidation,
coercion, bribery or other such illegal conduct with the intent to compel
other persons, firms, or corporations to deal with such business, and (b)
that for the prevention of future illegal conduct of the same character,
the public interest requires the operation of the business to be enjoined.
(Source: Laws 1965, p. 1222.)
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720 ILCS 5/38-3
(720 ILCS 5/38-3) (from Ch. 38, par. 38-3)
Sec. 38-3.
Institution and conduct of proceedings.)
(a) The proceedings authorized by Section 38-1 may be instituted
against a corporation in any county in which it is doing business and
the proceedings shall be conducted in accordance with the Civil Practice
Law and all existing and future amendments of that
Law and the Supreme Court Rules now or hereafter adopted in
relation to that Law. Such proceedings shall be deemed
additional to any other proceeding authorized by law for the purpose of
forfeiting the charter of a corporation or revoking the certificate of a
foreign corporation.
(b) The proceedings authorized by Section 38-2 may be instituted
against a business other than a corporation in any county in which it is
doing business and the proceedings shall be conducted in accordance with
the Civil Practice Law and all existing and future amendments
of that Law and the Supreme Court Rules now or hereafter adopted
in relation to that Law.
(c) Whenever proceedings are instituted against a corporation or
business pursuant to Section 38-1 or 38-2, the State's Attorney shall
give written notice of the institution of such proceedings to the
corporation or business against which the proceedings are brought.
(Source: P.A. 82-783.)
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720 ILCS 5/Art. 39
(720 ILCS 5/Art. 39 heading)
ARTICLE 39.
CRIMINAL USURY
(Repealed) (Article heading repealed by P.A. 96-1551, eff. 7-1-11)
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720 ILCS 5/39-1
(720 ILCS 5/39-1) (from Ch. 38, par. 39-1)
(This Section was renumbered as Section 17-59 by P.A. 96-1551.) Sec. 39-1.
(Renumbered).
(Source: P.A. 76-1879. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/39-2
(720 ILCS 5/39-2) (from Ch. 38, par. 39-2)
Sec. 39-2.
(Repealed).
(Source: P.A. 77-2638. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/39-3
(720 ILCS 5/39-3) (from Ch. 38, par. 39-3)
Sec. 39-3.
(Repealed).
(Source: P.A. 84-1004. Repealed by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/Art. 42
(720 ILCS 5/Art. 42 heading)
ARTICLE 42.
LOOTING
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720 ILCS 5/42-1
(720 ILCS 5/42-1)
Sec. 42-1. (Repealed).
(Source: Laws 1967, p. 2598. Repealed by P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/42-2
(720 ILCS 5/42-2)
Sec. 42-2. (Repealed).
(Source: P.A. 87-1170. Repealed by P.A. 96-710, eff. 1-1-10.)
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720 ILCS 5/Art. 44
(720 ILCS 5/Art. 44 heading)
ARTICLE 44.
TELECOMMUNICATIONS DEVICES
(Repealed) (Source: P.A. 86-811. Repealed by P.A. 97-1109, eff. 1-1-13.)
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720 ILCS 5/44-1
(720 ILCS 5/44-1) (from Ch. 38, par. 44-1)
Sec. 44-1.
(Repealed).
(Source: P.A. 86-811. Repealed by P.A. 97-1109, eff. 1-1-13.)
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720 ILCS 5/44-2
(720 ILCS 5/44-2) (from Ch. 38, par. 44-2)
(This Section was renumbered as Section 12C-65 by P.A. 97-1109.) Sec. 44-2. (Renumbered).
(Source: P.A. 94-556, eff. 9-11-05. Renumbered by P.A. 97-1109, eff. 1-1-13.)
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720 ILCS 5/44-3
(720 ILCS 5/44-3) (from Ch. 38, par. 44-3)
Sec. 44-3. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-1109, eff. 1-1-13.)
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720 ILCS 5/Art. 45
(720 ILCS 5/Art. 45 heading)
ARTICLE 45.
DISCLOSING LOCATION
OF DOMESTIC VIOLENCE VICTIM
(Repealed) (Article heading repealed by P.A. 96-1551, eff. 7-1-11)
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720 ILCS 5/45-1
(720 ILCS 5/45-1) (from Ch. 38, par. 45-1)
(This Section was renumbered as Section 12-3.6 by P.A. 96-1551.) Sec. 45-1.
(Renumbered).
(Source: P.A. 88-45. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/45-2
(720 ILCS 5/45-2) (from Ch. 38, par. 45-2)
(This Section was renumbered as Section 12-3.6 by P.A. 96-1551.) Sec. 45-2.
(Renumbered).
(Source: P.A. 88-45. Renumbered by P.A. 96-1551, eff. 7-1-11 .)
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720 ILCS 5/Art. 46
(720 ILCS 5/Art. 46 heading)
ARTICLE 46.
INSURANCE FRAUD, FRAUD ON THE GOVERNMENT,
AND RELATED OFFENSES
(Repealed) (Article repealed by P.A. 96-1551, eff. 7-1-11)
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720 ILCS 5/Art. 47
(720 ILCS 5/Art. 47 heading)
ARTICLE 47.
NUISANCE
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720 ILCS 5/47-5
(720 ILCS 5/47-5)
Sec. 47-5.
Public nuisance.
It is a public nuisance:
(1) To cause or allow the carcass of an animal or offal, filth, or a
noisome substance to be collected,
deposited, or to remain in any place to the prejudice of others.
(2) To throw or deposit offal or other offensive
matter or the carcass of a dead animal in a water
course, lake, pond, spring, well, or common sewer, street, or public
highway.
(3) To corrupt or render unwholesome or impure the water of
a spring, river, stream, pond, or lake to the injury or
prejudice of others.
(4) To obstruct or impede, without legal authority, the passage
of a navigable river or waters.
(5) To obstruct or encroach upon public highways, private ways,
streets, alleys, commons, landing places, and ways to burying places.
(6) To carry on the business of manufacturing gunpowder,
nitroglycerine, or other highly explosive substances, or mixing or grinding the
materials for those substances, in a building
within 20 rods of a valuable building erected
at the time the business is commenced.
(7) To establish powder magazines near incorporated towns, at a
point different from that appointed according to law by the corporate
authorities of the town, or within 50 rods of an occupied dwelling
house.
(8) To erect, continue, or use a building or
other place for the exercise of a trade, employment, or
manufacture that, by occasioning noxious exhalations, offensive
smells, or otherwise, is offensive or dangerous to the health of
individuals or of the public.
(9) To advertise wares or occupation by painting notices of the
wares or occupation on
or affixing them to fences or other private property, or on rocks or other
natural objects, without the consent of the owner, or if in the highway or
other public place, without permission of the proper authorities.
(10) To permit a well drilled for oil, gas, salt
water disposal, or any other purpose in connection with the production of
oil and gas to remain unplugged after the well is no
longer used for the purpose for which it was drilled.
(11) To construct or operate a salt water pit or
oil
field refuse pit, commonly called a "burn out pit", so that salt water,
brine, or oil field refuse or other waste liquids may escape from the
pit in a manner except by the evaporation of
the salt water or brine or by the burning of the oil
field waste or refuse.
(12) To permit concrete bases, discarded machinery, and
materials to remain around an oil or gas well, or to fail to fill holes,
cellars, slush pits, and other excavations made in
connection with the well or to restore the surface of the
lands surrounding the well to its condition before the
drilling of the well, upon abandonment of the
oil or gas well.
(13) To permit salt water, oil, gas, or other
wastes
from a well drilled for oil, gas, or exploratory purposes to escape
to the surface, or into a mine or coal seam, or into an underground
fresh water supply, or from one underground stratum to another.
(14) To harass, intimidate, or threaten a
person
who is about to sell or lease or has sold or leased a residence or other real
property or is about
to buy or lease or has bought or leased a residence or other real property,
when the harassment, intimidation, or threat relates to a person's attempt
to sell, buy, or lease a residence, or other real property, or refers to a
person's sale, purchase, or lease of a residence or other real property.
(15) To store, dump, or permit the accumulation of debris,
refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans,
or other containers in a manner that may harbor mosquitoes, flies, insects,
rodents,
nuisance birds, or other animal pests that are offensive, injurious, or
dangerous to the health of individuals or the public.
(16) To create a condition, through the improper
maintenance of a swimming pool or wading pool, or by causing an
action that alters the condition of a natural body of water, so
that it harbors mosquitoes, flies, or other animal pests that are
offensive, injurious, or dangerous to the health of individuals or the
public.
(17) To operate a tanning facility without a valid permit under
the Tanning Facility Permit Act.
Nothing in this Section shall be construed to prevent the corporate
authorities of a city, village, or incorporated town, or the
county board of a county, from declaring what are
nuisances and abating them within their limits. Counties have that authority
only outside the corporate limits of a city,
village, or incorporated town.
(Source: P.A. 89-234, eff. 1-1-96.)
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720 ILCS 5/47-10
(720 ILCS 5/47-10)
Sec. 47-10.
Dumping garbage.
It is unlawful for a
person to dump or place garbage or
another offensive substance within the
corporate limits of a city, village, or incorporated town other
than (1) the city, village, or incorporated town within the corporate
limits of which the garbage or other offensive substance originated or (2) a
city, village, or incorporated
town that has contracted with the city, village, or
incorporated town
within which the garbage originated, for the joint collection and
disposal of garbage; nor shall the garbage or other offensive
substance be dumped or placed within a distance of one mile of the
corporate limits of any other city, village, or incorporated town.
A person violating this Section is guilty
of a petty offense.
(Source: P.A. 89-234, eff. 1-1-96.)
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720 ILCS 5/47-15
(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or place garbage,
rubbish, trash, or refuse upon real property not owned by
that person without the consent of the owner or person in possession of the
real property.
(b) A person who violates this Section is liable to the owner or person in
possession of the real property on which the garbage, rubbish,
trash, or refuse is dumped, deposited, or placed for the reasonable costs
incurred by the owner or person in possession for cleaning up and properly
disposing of the garbage, rubbish, trash, or refuse, and for
reasonable attorneys' fees.
(c) A person violating this Section is guilty of a Class B misdemeanor for
which the court must impose a minimum fine of $500. A
second conviction for an offense committed after the first conviction is a
Class A misdemeanor for which the court must impose a minimum fine of $500.
A third or subsequent violation, committed after a second
conviction, is a Class 4 felony for which the court must impose a minimum
fine of $500.
A person who violates this Section and who has an equity interest in a motor
vehicle used in violation of this Section is presumed to have the financial
resources to pay the minimum fine not exceeding his or her equity interest in
the vehicle.
Personal property used by a person in
violation of this Section shall on the third or subsequent conviction of the
person be forfeited to the county where the violation occurred and disposed of
at a public sale. Before the forfeiture, the court shall conduct a hearing to
determine whether property is subject to forfeiture under this Section. At the
forfeiture hearing the State has the burden of establishing by a preponderance
of the evidence that property is subject to forfeiture under this Section. Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(d) The statutory minimum fine required by subsection (c) is not subject
to reduction or suspension unless the defendant is indigent.
If the defendant files a motion with the court asserting his or her inability
to pay the mandatory fine required by this Section, the court must set a
hearing on the motion before sentencing. The court must require an affidavit
signed by the defendant containing sufficient information to ascertain the
assets and liabilities of the defendant. If the court determines that the
defendant is indigent, the court must require that the defendant choose
either to pay the minimum fine of $500 or to perform 100 hours of community
service.
(Source: P.A. 100-512, eff. 7-1-18 .)
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720 ILCS 5/47-20
(720 ILCS 5/47-20)
Sec. 47-20.
Unplugged well.
It is a Class A misdemeanor for
a person to permit a water
well, located on property owned by him or her, to be in an unplugged
condition at any time after the abandonment of the well for
obtaining water. No well is in an unplugged
condition, however, that is plugged in conformity
with the rules and regulations of the Department of Natural Resources
issued under Section 6 and Section 19 of the Illinois Oil
and Gas Act. This Section does not apply to a well
drilled or used for
observation or any other purpose in connection with the development or
operation of a gas storage project.
(Source: P.A. 89-234, eff. 1-1-96; 89-445, eff. 2-7-96.)
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720 ILCS 5/47-25
(720 ILCS 5/47-25)
Sec. 47-25.
Penalties.
Whoever causes, erects, or continues a nuisance
described in this Article, for the
first offense, is guilty of a petty offense and shall be fined
not exceeding $100, and for a subsequent offense is guilty of
a Class B misdemeanor. Every nuisance described in this Article,
when a conviction for that nuisance is had, may, by order
of the court before which the conviction is had, be abated by the sheriff or
other
proper officer, at the expense of the defendant. It is not a defense to a
proceeding under this Section
that the nuisance is erected or continued by virtue or permission of a law of
this State.
(Source: P.A. 89-234, eff. 1-1-96.)
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720 ILCS 5/Art. 48
(720 ILCS 5/Art. 48 heading)
ARTICLE 48. ANIMALS
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/48-1
(720 ILCS 5/48-1)
(was 720 ILCS 5/26-5)
Sec. 48-1. Dog fighting. (For other provisions that may apply to dog
fighting, see the Humane Care for Animals Act. For provisions similar to this
Section that apply to animals other than dogs, see in particular Section 4.01
of the Humane Care for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any
show, exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or human, or the
intentional killing of any dog for the purpose of sport, wagering, or
entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment of
any show, exhibition, program, or other activity involving
a fight between 2 or more dogs or any dog and human,
or the intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or she
knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this Section.
(d) No person may manufacture for sale, shipment, transportation,
or delivery any device or equipment which he or she knows or should know
is intended for use in any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more dogs, or any
human and dog, or the intentional killing of any dog for purposes of
sport, wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale, ship,
transport, or otherwise move any equipment or device which he or she
knows or should know is intended for use in connection with any show,
exhibition, program, or activity featuring or otherwise involving a fight
between 2 or more dogs, or any dog and human, or the intentional
killing of any dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site, structure, or
facility, whether enclosed or not, that he or she knows is intended to be
used for the purpose of conducting any show, exhibition, program, or other
activity involving a fight between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture, distribute, or
deliver fittings to be used in a fight between 2 or more dogs or a dog and
human.
(g) No person may knowingly attend or otherwise patronize any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
2 or more dogs, or any dog and human, or the intentional killing of
any dog for purposes of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal to any
machine or device propelled by any power for the purpose of causing the
animal to be pursued by a dog or dogs. This subsection (h) applies only
when the dog is intended to be used in a dog fight.
(i) Sentence.
(1) Any person convicted of violating subsection (a), | | (b), (c), or (h) of this Section is guilty of a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation, and may be fined an amount not to exceed $50,000.
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(1.5) A person who knowingly owns a dog for fighting
| | purposes or for producing a fight between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a dog bred for fighting is guilty of a Class 3 felony and may be fined an amount not to exceed $50,000, if the dog participates in a dogfight and any of the following factors is present:
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(i) the dogfight is performed in the presence of
| | a person under 18 years of age;
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(ii) the dogfight is performed for the purpose of
| | or in the presence of illegal wagering activity; or
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(iii) the dogfight is performed in furtherance of
| | streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
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(1.7) A person convicted of violating subsection
| | (c-5) of this Section is guilty of a Class 4 felony.
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(2) Any person convicted of violating subsection (d)
| | or (e) of this Section is guilty of a Class 4 felony for a first violation. A second or subsequent violation of subsection (d) or (e) of this Section is a Class 3 felony.
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(2.5) Any person convicted of violating subsection
| | (f) of this Section is guilty of a Class 4 felony. Any person convicted of violating subsection (f) of this Section in which the site, structure, or facility made available to violate subsection (f) is located within 1,000 feet of a school, public park, playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of age is guilty of a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation.
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(3) Any person convicted of violating subsection (g)
| | of this Section is guilty of a Class 4 felony for a first violation. A second or subsequent violation of subsection (g) of this Section is a Class 3 felony. If a person under 13 years of age is present at any show, exhibition, program, or other activity prohibited in subsection (g), the parent, legal guardian, or other person who is 18 years of age or older who brings that person under 13 years of age to that show, exhibition, program, or other activity is guilty of a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation.
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(i-5) A person who commits a felony violation of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.
(j) Any dog or equipment involved in a violation of this Section shall
be immediately seized and impounded under Section 12 of the Humane Care for
Animals Act when located at any show, exhibition, program, or other activity
featuring or otherwise involving a dog fight for the purposes of sport,
wagering, or entertainment.
(k) Any vehicle or conveyance other than a common carrier that is used
in violation of this Section shall be seized, held, and offered for sale at
public auction by the sheriff's department of the proper jurisdiction, and
the proceeds from the sale shall be remitted to the general fund of the
county where the violation took place.
(l) Any veterinarian in this State who is presented with a dog for treatment
of injuries or wounds resulting from fighting where there is a reasonable
possibility that the dog was engaged in or utilized for a fighting event for
the purposes of sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the owners' names, dates,
and descriptions of the dog or dogs involved. Any veterinarian who in good
faith complies with the requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from his or her
actions. For the purposes of any proceedings, civil or criminal, the good
faith of the veterinarian shall be rebuttably presumed.
(m) In addition to any other penalty provided by law, upon conviction for
violating this Section, the court may order that the convicted person and
persons dwelling in the same household as the convicted person who conspired,
aided, or abetted in the unlawful act that was the basis of the conviction,
or who knew or should have known of the unlawful act, may not own, harbor, or
have custody or control of any dog or other animal for a period of time that
the court deems reasonable.
(n) A violation of subsection (a) of this Section may be inferred from evidence that the accused possessed any device or equipment described in subsection (d), (e), or (h) of this Section, and also possessed any dog.
(o) When no longer required for investigations or court proceedings relating to the events described or depicted therein, evidence relating to convictions for violations of this Section shall be retained and made available for use in training peace officers in detecting and identifying violations of this Section. Such evidence shall be made available upon request to other law enforcement agencies and to schools certified under the Illinois Police Training Act.
(p) For the purposes of this Section, "school" has the meaning ascribed to it in Section 11-9.3 of this Code; and "public park", "playground", "child care institution", "day care center", "part day child care facility", "day care home", "group day care home", and "facility providing programs or services
exclusively directed toward persons under 18 years of age" have the meanings ascribed to them in Section 11-9.4 of this Code.
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff. 1-1-13.)
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720 ILCS 5/48-2 (720 ILCS 5/48-2) Sec. 48-2. Animal research and production facilities protection. (a) Definitions. "Animal" means every living creature, domestic or | | wild, but does not include man.
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| "Animal facility" means any facility engaging in
| | legal scientific research or agricultural production of or involving the use of animals including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, any person licensed to practice veterinary medicine, any institution as defined in the Impounding and Disposition of Stray Animals Act, and any organization with a primary purpose of representing any such person, organization, or institution. "Animal facility" shall include the owner, operator, and employees of any animal facility and any premises where animals are located.
|
| "Director" means the Director of the Illinois
| | Department of Agriculture or the Director's authorized representative.
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| (b) Legislative Declaration. There has been an increasing number of illegal acts committed
against animal research and production facilities involving
injury or loss of life to humans or animals, criminal
trespass and damage to property. These actions not only abridge the
property rights of the owner of the facility, they may also damage the
public interest by jeopardizing crucial scientific, biomedical, or
agricultural research or production. These actions can also
threaten the public safety by possibly exposing communities to serious
public health concerns and creating traffic hazards. These actions may
substantially disrupt or damage publicly funded research and
can result in the potential loss of physical and intellectual property.
Therefore, it is in the interest of the people of the State of Illinois to
protect the welfare of humans and animals as well as productive use of
public funds to require regulation to prevent unauthorized possession,
alteration, destruction, or transportation of research records, test data,
research materials, equipment, research and agricultural production animals.
(c) It shall be unlawful for any person:
(1) to release, steal, or otherwise intentionally
| | cause the death, injury, or loss of any animal at or from an animal facility and not authorized by that facility;
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| (2) to damage, vandalize, or steal any property in or
| | (3) to obtain access to an animal facility by false
| | pretenses for the purpose of performing acts not authorized by that facility;
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| (4) to enter into an animal facility with an intent
| | to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, or animals;
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| (5) by theft or deception knowingly to obtain control
| | or to exert control over records, data, material, equipment, or animals of any animal facility for the purpose of depriving the rightful owner or animal facility of the records, material, data, equipment, or animals or for the purpose of concealing, abandoning, or destroying these records, material, data, equipment, or animals; or
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| (6) to enter or remain on an animal facility with the
| | intent to commit an act prohibited under this Section.
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| (d) Sentence.
(1) Any person who violates any provision of
| | subsection (c) shall be guilty of a Class 4 felony for each violation, unless the loss, theft, or damage to the animal facility property exceeds $300 in value.
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| (2) If the loss, theft, or damage to the animal
| | facility property exceeds $300 in value but does not exceed $10,000 in value, the person is guilty of a Class 3 felony.
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| (3) If the loss, theft, or damage to the animal
| | facility property exceeds $10,000 in value but does not exceed $100,000 in value, the person is guilty of a Class 2 felony.
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| (4) If the loss, theft, or damage to the animal
| | facility property exceeds $100,000 in value, the person is guilty of a Class 1 felony.
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| (5) Any person who, with the intent that any
| | violation of any provision of subsection (c) be committed, agrees with another to the commission of the violation and commits an act in furtherance of this agreement is guilty of the same class of felony as provided in paragraphs (1) through (4) of this subsection for that violation.
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| (6) Restitution.
(A) The court shall conduct a hearing to
| | determine the reasonable cost of replacing materials, data, equipment, animals and records that may have been damaged, destroyed, lost or cannot be returned, and the reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of a violation of subsection (c).
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| (B) Any persons convicted of a violation shall be
| | ordered jointly and severally to make restitution to the owner, operator, or both, of the animal facility in the full amount of the reasonable cost determined under paragraph (A).
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| (e) Private right of action. Nothing in this Section shall preclude
any animal facility injured in its business or property by a violation of
this Section from seeking appropriate relief under any other provision of law
or remedy including the issuance of a permanent injunction against any
person who violates any provision of this Section. The animal facility owner
or operator may petition the court to permanently enjoin the person from
violating this Section and the court shall provide this relief.
(f) The Director shall have authority to investigate any alleged
violation of this Section, along with any other law enforcement agency, and may
take any action within the Director's authority necessary for the
enforcement of this Section. State's Attorneys, State police and other law
enforcement officials shall provide any assistance required in the conduct
of an investigation and prosecution. Before the Director reports a
violation for prosecution he or she may give the owner or operator of the
animal facility and the alleged violator an opportunity to present his or
her views at an administrative hearing. The Director may adopt any rules and regulations necessary
for the enforcement of this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/48-3 (720 ILCS 5/48-3) Sec. 48-3. Hunter or fisherman interference. (a) Definitions. As used in this Section: "Aquatic life" means all fish, reptiles, amphibians, | | crayfish, and mussels the taking of which is authorized by the Fish and Aquatic Life Code.
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| "Interfere with" means to take any action that
| | physically impedes, hinders, or obstructs the lawful taking of wildlife or aquatic life.
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| "Taking" means the capture or killing of wildlife or
| | aquatic life and includes travel, camping, and other acts preparatory to taking which occur on lands or waters upon which the affected person has the right or privilege to take such wildlife or aquatic life.
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| "Wildlife" means any wildlife the taking of which is
| | authorized by the Wildlife Code and includes those species that are lawfully released by properly licensed permittees of the Department of Natural Resources.
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| (b) A person commits hunter or fisherman interference when he or she intentionally or knowingly:
(1) obstructs or interferes with the lawful taking of
| | wildlife or aquatic life by another person with the specific intent to prevent that lawful taking;
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| (2) drives or disturbs wildlife or aquatic life for
| | the purpose of disrupting a lawful taking of wildlife or aquatic life;
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| (3) blocks, impedes, or physically harasses another
| | person who is engaged in the process of lawfully taking wildlife or aquatic life;
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| (4) uses natural or artificial visual, aural,
| | olfactory, gustatory, or physical stimuli to affect wildlife or aquatic life behavior in order to hinder or prevent the lawful taking of wildlife or aquatic life;
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| (5) erects barriers with the intent to deny ingress
| | or egress to or from areas where the lawful taking of wildlife or aquatic life may occur;
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| (6) intentionally interjects himself or herself into
| | the line of fire or fishing lines of a person lawfully taking wildlife or aquatic life;
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| (7) affects the physical condition or placement of
| | personal or public property intended for use in the lawful taking of wildlife or aquatic life in order to impair the usefulness of the property or prevent the use of the property;
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| (8) enters or remains upon or over private lands
| | without the permission of the owner or the owner's agent, with the intent to violate this subsection;
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| (9) fails to obey the order of a peace officer to
| | desist from conduct in violation of this subsection (b) if the officer observes the conduct, or has reasonable grounds to believe that the person has engaged in the conduct that day or that the person plans or intends to engage in the conduct that day on a specific premises; or
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| (10) uses a drone in a way that interferes with
| | another person's lawful taking of wildlife or aquatic life. For the purposes of this paragraph (10), "drone" means any aerial vehicle that does not carry a human operator.
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| (c) Exemptions; defenses.
(1) This Section does not apply to actions performed
| | by authorized employees of the Department of Natural Resources, duly accredited officers of the U.S. Fish and Wildlife Service, sheriffs, deputy sheriffs, or other peace officers if the actions are authorized by law and are necessary for the performance of their official duties.
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| (2) This Section does not apply to landowners,
| | tenants, or lease holders exercising their legal rights to the enjoyment of land, including, but not limited to, farming and restricting trespass.
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| (3) It is an affirmative defense to a prosecution for
| | a violation of this Section that the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this State or the United States.
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| (4) Any interested parties may engage in protests or
| | other free speech activities adjacent to or on the perimeter of the location where the lawful taking of wildlife or aquatic life is taking place, provided that none of the provisions of this Section are being violated.
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| (d) Sentence. A first violation of paragraphs (1) through (8) of subsection (b) is a Class B misdemeanor. A second or subsequent violation of
paragraphs (1) through (8) of subsection (b) is a Class A misdemeanor for which imprisonment for not less than 7 days shall be imposed. A
person guilty of a second or subsequent violation of paragraphs (1) through (8) of subsection (b) is not
eligible for court
supervision. A violation of paragraph (9) or (10) of subsection (b) is a Class A misdemeanor. A court shall revoke, for a period of one year to 5 years, any Illinois
hunting, fishing, or trapping privilege, license or permit of any person
convicted of violating any provision of this Section. For
purposes of this subsection, a "second or subsequent violation" means a conviction
under paragraphs (1) through (8) of subsection (b) of this Section within 2 years of a prior violation arising from a separate set
of circumstances.
(e) Injunctions; damages.
(1) Any court may enjoin conduct which would be in
| | violation of paragraphs (1) through (8) or (10) of subsection (b) upon petition by a person affected or who reasonably may be affected by the conduct, upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
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| (2) A court shall award all resulting costs and
| | damages to any person adversely affected by a violation of paragraphs (1) through (8) or (10) of subsection (b), which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that these expenditures were rendered futile by prevention of the taking of wildlife or aquatic life.
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(Source: P.A. 97-1108, eff. 1-1-13; 98-402, eff. 8-16-13.)
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720 ILCS 5/48-4 (720 ILCS 5/48-4) Sec. 48-4. Obtaining certificate of registration by false pretenses. (a) A person commits obtaining certificate of registration by false pretenses when he or she, by any false pretense, obtains from any club,
association, society or company for improving the breed of cattle, horses,
sheep, swine, or other domestic animals, a certificate of registration of
any animal in the herd register, or other register of any club,
association, society or company, or a transfer of the registration. (b) A person commits obtaining certificate of registration by false pretenses when he or she knowingly gives a false pedigree of any animal. (c) Sentence. Obtaining certificate of registration by false pretenses is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/48-5 (720 ILCS 5/48-5) Sec. 48-5. Horse mutilation. (a) A person commits horse mutilation when he or she cuts the solid part of the tail of any horse in the operation
known as docking, or by any other operation performed for the purpose of
shortening the tail, and whoever shall cause the same to be done, or assist
in doing this cutting, unless the same is proved to be a benefit to the
horse. (b) Sentence. Horse mutilation is a Class A misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/48-6 (720 ILCS 5/48-6) Sec. 48-6. Horse racing false entry. (a) That in order to encourage the breeding of and
improvement in trotting, running and pacing horses in the State, it is hereby made unlawful for any person or persons knowingly to
enter or cause to be entered for competition, or knowingly to compete with
any horse, mare, gelding, colt or filly under any other than its true name
or out of its proper class for any purse, prize, premium, stake or
sweepstakes offered or given by any agricultural or other society,
association, person or persons in the State where the prize,
purse, premium, stake or sweepstakes is to be decided by a contest of
speed. (b) The name of any horse, mare, gelding, colt or filly, for the
purpose of entry for competition or performance in any contest of speed,
shall be the name under which the horse has publicly performed, and shall
not be changed after having once so performed or contested for a prize,
purse, premium, stake or sweepstakes, except as provided by the code of
printed rules of the society or association under which the contest is
advertised to be conducted. (c) The official records shall be
received in all courts as evidence upon the trial of any person under
the provisions of this Section. (d) Sentence. A violation of subsection (a) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/48-7 (720 ILCS 5/48-7) Sec. 48-7. Feeding garbage to animals. (a) Definitions. As used in this Section: "Department" means the Department of Agriculture of the State of
Illinois. "Garbage" has the same meaning as in the federal Swine Health Protection Act (7 U.S.C. 3802) and also includes putrescible vegetable waste. "Garbage" does not include the contents of the bovine digestive tract. "Person" means any person, firm, partnership, association, corporation,
or other legal entity, any public or private institution, the State, or any municipal corporation or political subdivision of the
State. (b) A person commits feeding garbage to animals when he or she feeds or permits the feeding of garbage to swine or any
animals or poultry on any farm or any other premises where swine are kept. (c) Establishments licensed under the Animal Mortality Act or under similar laws in other states are exempt from the provisions of this Section. (d) Nothing in this Section shall be construed to apply to any person who
feeds garbage produced in his or her own household to animals or poultry kept on
the premises where he or she resides except this garbage if fed to swine shall not
contain particles of meat. (e) Sentence. Feeding garbage to animals is a Class B misdemeanor, and for the first
offense shall be fined not less than $100 nor more than $500 and for a
second or subsequent offense shall be fined not less than $200 nor more
than $500 or imprisoned in a penal institution other than the penitentiary
for not more than 6 months, or both. (f) A person violating this Section may be enjoined by the Department from
continuing the violation. (g) The Department may make reasonable inspections necessary for the
enforcement of this Section, and is authorized to enforce, and administer the
provisions of this Section.
(Source: P.A. 102-216, eff. 1-1-22 .) |
720 ILCS 5/48-8 (720 ILCS 5/48-8) Sec. 48-8. Service animal access. (a) When a
person with a physical, mental, or intellectual disability requiring the use of a service animal is
accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor
the service animal shall be denied the right of entry and use of facilities of any public
place of accommodation as defined in Section 5-101 of the Illinois Human
Rights Act. For the purposes of this Section, "service animal" means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. "Service animal" includes a miniature horse that a public
place of accommodation shall make reasonable accommodation so long as the public
place of accommodation takes into consideration: (1) the type, size, and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse's presence in the facility compromises legitimate safety requirements necessary for operation. (b) A person who knowingly violates this Section commits a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.) |
720 ILCS 5/48-9 (720 ILCS 5/48-9) Sec. 48-9. Misrepresentation of stallion and jack pedigree. (a) The owner or keeper of any
stallion or jack kept for public service commits misrepresentation of stallion and jack pedigree when he or she misrepresents the
pedigree or breeding of the stallion or jack, or represents
that the animal, so kept for public service, is registered, when in fact
it is not registered in a published volume of a society for the registry of
standard and purebred animals, or who shall post or publish, or cause to be
posted or published, any false pedigree or breeding of this animal. (b) Sentence. Misrepresentation of stallion and jack pedigree is a petty offense, and for a second or subsequent offense
is a Class B misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/48-10 (720 ILCS 5/48-10) Sec. 48-10. Dangerous animals. (a) Definitions. As used in this Section, unless the context otherwise requires: "Dangerous animal" means a lion, tiger, leopard, | | ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote. Dangerous animal does not mean any herptiles included in the Herptiles-Herps Act.
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| "Owner" means any person who (1) has a right of
| | property in a dangerous animal or primate, (2) keeps or harbors a dangerous animal or primate, (3) has a dangerous animal or primate in his or her care, or (4) acts as custodian of a dangerous animal or primate.
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| "Person" means any individual, firm, association,
| | partnership, corporation, or other legal entity, any public or private institution, the State, or any municipal corporation or political subdivision of the State.
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| "Primate" means a nonhuman member of the order
| | primate, including but not limited to chimpanzee, gorilla, orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, and tarsier.
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| (b) Dangerous animal or primate offense. No person shall have a right of property in, keep, harbor,
care for, act as custodian
of or maintain in
his or her possession any dangerous animal or primate except at a properly maintained zoological
park, federally licensed
exhibit, circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal
refuge in an escape-proof enclosure.
(c) Exemptions.
(1) This Section does not prohibit a person who had
| | lawful possession of a primate before January 1, 2011, from continuing to possess that primate if the person registers the animal by providing written notification to the local animal control administrator on or before April 1, 2011. The notification shall include:
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| (A) the person's name, address, and telephone
| | (B) the type of primate, the age, a photograph, a
| | description of any tattoo, microchip, or other identifying information, and a list of current inoculations.
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| (2) This Section does not prohibit a person who has a
| | permanent disability with a severe mobility impairment from possessing a single capuchin monkey to assist the person in performing daily tasks if:
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| (A) the capuchin monkey was obtained from and
| | trained at a licensed nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, the nonprofit tax status of which was obtained on the basis of a mission to improve the quality of life of severely mobility-impaired individuals; and
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| (B) the person complies with the notification
| | requirements as described in paragraph (1) of this subsection (c).
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| (d) A person who registers a primate shall notify the local animal control administrator within 30 days of a change of address. If the person moves to another locality within the State, the person shall register the primate with the new local animal control administrator within 30 days of moving by providing written notification as provided in paragraph (1) of subsection (c) and shall include proof of the prior registration.
(e) A person who registers a primate shall notify the local animal control administrator immediately if the primate dies, escapes, or bites, scratches, or injures a person.
(f) It is no defense to a violation of subsection (b)
that the person violating subsection
(b) has attempted to domesticate the dangerous animal. If there appears
to be imminent danger to the public, any
dangerous animal found not in compliance with the provisions of this Section
shall be subject to
seizure and may immediately be placed in an approved facility. Upon the
conviction of a person for a violation of subsection (b), the animal with regard
to which the conviction was obtained shall be confiscated and placed in an
approved facility, with the owner responsible for all costs
connected with the seizure and confiscation of the animal.
Approved facilities include, but are not limited to, a zoological park,
federally licensed exhibit,
humane society, veterinary hospital or animal refuge.
(g) Sentence. Any person violating this Section is guilty of a Class C
misdemeanor. Any corporation or
partnership, any officer, director, manager or managerial agent of the
partnership or corporation who violates this Section or causes the
partnership or corporation to violate this Section is guilty of a Class C misdemeanor. Each day of violation constitutes a separate offense.
(Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.)
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720 ILCS 5/48-11 (720 ILCS 5/48-11) Sec. 48-11. Unlawful use of an elephant in a traveling animal act. (a) Definitions. As used in this Section: "Mobile or traveling animal housing facility" means a transporting vehicle such as a truck, trailer, or railway car used to transport or house animals while traveling to an exhibition or other performance. "Performance" means an exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or other similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for entertainment, amusement, or benefit of a live audience. "Traveling animal act" means any performance of animals where animals are transported to, from, or between locations for the purpose of a performance in a mobile or traveling animal housing facility. (b) A person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. (c) This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility. (d) Sentence. Unlawful use of an elephant in a traveling animal act is a Class A misdemeanor.
(Source: P.A. 100-90, eff. 1-1-18 .) |
720 ILCS 5/Art. 49
(720 ILCS 5/Art. 49 heading)
ARTICLE 49. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/49-1 (720 ILCS 5/49-1) Sec. 49-1. Flag desecration. (a) Definition. As used in this Section: "Flag", "standard", "color" or "ensign" shall include | | any flag, standard, color, ensign or any picture or representation of either thereof, made of any substance or represented on any substance and of any size evidently purporting to be either of said flag, standard, color or ensign of the United States of America, or a picture or a representation of either thereof, upon which shall be shown the colors, the stars, and the stripes, in any number of either thereof, of the flag, colors, standard, or ensign of the United States of America.
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| (b) A person commits flag desecration when he or she knowingly:
(1) for exhibition or display, places or causes to be
| | placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature, upon any flag, standard, color or ensign of the United States or State flag of this State or ensign;
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| (2) exposes or causes to be exposed to public view
| | any such flag, standard, color or ensign, upon which has been printed, painted or otherwise placed, or to which has been attached, appended, affixed, or annexed, any word, figure, mark, picture, design or drawing or any advertisement of any nature;
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| (3) exposes to public view, manufactures, sells,
| | exposes for sale, gives away, or has in possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise, or a receptacle of merchandise or article or thing for carrying or transporting merchandise upon which has been printed, painted, attached, or otherwise placed a representation of any such flag, standard, color, or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed; or
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| (4) publicly mutilates, defaces, defiles, tramples,
| | or intentionally displays on the ground or floor any such flag, standard, color or ensign.
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| (c) All prosecutions under this Section shall be brought by any
person in the name of the People of the State of Illinois, against any
person or persons violating any of the provisions of this Section, before
any circuit court. The State's Attorneys shall see that this Section is
enforced in their respective counties, and shall prosecute all offenders
on receiving information of the violation of this Section. Sheriffs, deputy
sheriffs, and police officers shall inform against and prosecute all
persons whom there is probable cause to believe are guilty of violating
this Section. One-half of the amount recovered in any penal action under
this Section shall be paid to the person making and filing the complaint in
the action, and the remaining 1/2 to the school fund of the county in
which the conviction is obtained.
(d) All prosecutions under this Section shall be commenced within six
months from the time the offense was committed, and not afterwards.
(e) Sentence. A violation of paragraphs (1) through (3) of subsection (b) is a Class C misdemeanor. A violation of paragraph (4) of subsection (b) is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/49-1.5 (720 ILCS 5/49-1.5) Sec. 49-1.5. Draft card mutilation. (a) A person commits draft card mutilation when he or she knowingly destroys or mutilates a valid registration
certificate or any other valid certificate issued under the federal
"Military Selective Service Act of 1967". (b) Sentence. Draft card mutilation is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/49-2 (720 ILCS 5/49-2) Sec. 49-2. Business use of military terms. (a) It is unlawful for any person, concern, firm or corporation to use
in the name, or description of the name, of any privately operated
mercantile establishment which may or may not be engaged principally in the
buying and selling of equipment or materials of the Government of the
United States or any of its departments, agencies or military services, the
terms "Army", "Navy", "Marine", "Coast Guard", "Government", "GI", "PX" or
any terms denoting a branch of the government, either independently or in
connection or conjunction with any other word or words, letter or insignia
which import or imply that the products so described are or were made for
the United States government or in accordance with government
specifications or requirements, or of government materials, or that these
products have been disposed of by the United States government as surplus
or rejected stock. (b) Sentence. A violation of this Section is a petty offense with a fine of not less than
$25.00 nor more than $500 for the first conviction, and not less than $500
or more than $1000 for each subsequent conviction.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/49-3 (720 ILCS 5/49-3) Sec. 49-3. Governmental uneconomic practices. (a) It is unlawful for the State of Illinois, any political subdivision
thereof, or any municipality therein, or any officer, agent or employee of
the State of Illinois, any political subdivision thereof or any
municipality therein, to sell to or procure for sale or have in its or his
or her possession or under its or his or her control for sale to any officer, agent or
employee of the State or any political subdivision thereof or municipality
therein any article, material, product or merchandise of whatsoever nature,
excepting meals, public services and such specialized appliances and
paraphernalia as may be required for the safety or health of such officers,
agents or employees. (b) The provisions of this Section shall not apply to the State, any
political subdivision thereof or municipality therein, nor to any officer,
agent or employee of the State, or of any such subdivision or municipality
while engaged in any recreational, health, welfare, relief, safety or
educational activities furnished by the State, or any such political
subdivision or municipality. (c) Sentence. A violation of this Section is a
Class B misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/49-4 (720 ILCS 5/49-4) Sec. 49-4. Sale of maps. (a) The sale of current Illinois publications or highway maps published
by the Secretary of State is prohibited except where provided by law. (b) Sentence. A violation of this Section is a Class B misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.) |
720 ILCS 5/49-5 (720 ILCS 5/49-5) Sec. 49-5. Video movie sales and rentals rating violation. (a) Definitions. As used in this Section, unless the context otherwise requires: "Person" means an individual, corporation, | | partnership, or any other legal or commercial entity.
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| "Official rating" means an official rating of the
| | Motion Picture Association of America.
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| "Video movie" means a videotape or video disc copy of
| | (b) A person may not sell at retail or rent, or attempt to
sell at retail or rent, a video movie in this State unless the official
rating of the motion picture from which it is copied is clearly displayed
on the outside of any cassette, case, jacket, or other covering of the
video movie.
(c) This Section does not apply to any video movie of
a motion picture which:
(1) has not been given an official rating; or
(2) has been altered in any way subsequent to
| | receiving an official rating.
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| (d) Sentence. A violation of this Section is a Class C misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)
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720 ILCS 5/49-6 (720 ILCS 5/49-6) Sec. 49-6. Container label obliteration prohibited. (a) No person shall sell or offer for sale any product, article or
substance in a container on which any statement of weight, quantity,
quality, grade, ingredients or identification of the manufacturer, supplier
or processor is obliterated by any other labeling unless the other
labeling correctly restates the obliterated statement. (b) This Section does not apply to any obliteration which is done in order
to comply with subsection (c) of this Section. (c) No person shall utilize any used container for the purpose of sale
of any product, article or substance unless the original marks of
identification, weight, grade, quality and quantity have first been
obliterated. (d) This Section shall not be construed as permitting the use of any
containers or labels in a manner prohibited by any other law. (e) Sentence. A violation of this Section is a business offense for which a
fine shall be imposed not to exceed $1,000.
(Source: P.A. 97-1108, eff. 1-1-13.) |
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