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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012. 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.) |
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