92nd General Assembly
Summary of HB2299
   [ Home ]   [ Back ]   [ Legislation ]
Please enter a bill number.

 Full Text  Bill Status
House Sponsors:

Senate Sponsors:

Short description: 
CRIM CD-TERRORISM-OFFENSES                                                 

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.   Adds to the list of  offenses      
   for  which  a  vehicle  can be seized and delivered to the sheriff the      
   offenses of concealing or aiding  a  fugitive,  escape  from  a  penal      
   institution  (felony  and  misdemeanor),  escape from a peace officer,      
   escape while armed, and aiding escape.  Effective immediately.              
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          720 ILCS 5/36-1                                                      
          Adds reference to:                                                   
          225 ILCS 460/16.5 new                                                
          430 ILCS 65/8                   from Ch. 38, par. 83-8               
          720 ILCS 5/9-1                  from Ch. 38, par. 9-1                
          720 ILCS 5/14-3                 from Ch. 38, par. 14-3               
          720 ILCS 5/29B-1                from Ch. 38, par. 29B-1              
          720 ILCS 5/Article 29D heading new                                   
          720 ILCS 5/29D-5 new                                                 
          720 ILCS 5/29D-10 new                                                
          720 ILCS 5/29D-15 new                                                
          720 ILCS 5/29D-20 new                                                
          720 ILCS 5/29D-25 new                                                
          720 ILCS 5/29D-30 new                                                
          720 ILCS 5/29D-35 new                                                
          720 ILCS 5/29D-40 new                                                
          720 ILCS 5/29D-45 new                                                
          720 ILCS 5/29D-55 new                                                
          720 ILCS 5/29D-60 new                                                
          720 ILCS 5/29D-65 new                                                
          720 ILCS 5/29D-70 new                                                
          725 ILCS 5/108-4                from Ch. 38, par. 108-4              
          725 ILCS 5/108A-6               from Ch. 38, par. 108A-6             
          725 ILCS 5/108B-1               from Ch. 38, par. 108B-1             
          725 ILCS 5/108B-2               from Ch. 38, par. 108B-2             
          725 ILCS 5/108B-3               from Ch. 38, par. 108B-3             
          725 ILCS 5/108B-4               from Ch. 38, par. 108B-4             
          725 ILCS 5/108B-5               from Ch. 38, par. 108B-5             
          725 ILCS 5/108B-7               from Ch. 38, par. 108B-7             
          725 ILCS 5/108B-7.5 new                                              
          725 ILCS 5/108B-8               from Ch. 38, par. 108B-8             
          725 ILCS 5/108B-9               from Ch. 38, par. 108B-9             
          725 ILCS 5/108B-10              from Ch. 38, par. 108B-10            
          725 ILCS 5/108B-11              from Ch. 38, par. 108B-11            
          725 ILCS 5/108B-12              from Ch. 38, par. 108B-12            
          725 ILCS 5/108B-14              from Ch. 38, par. 108B-14            
          725 ILCS 215/2                  from Ch. 38, par. 1702               
          725 ILCS 215/3                  from Ch. 38, par. 1703               
          725 ILCS 215/4                  from Ch. 38, par. 1704               
          725 ILCS 215/10                 from Ch. 38, par. 1710               
          730 ILCS 5/3-6-3                from Ch. 38, par. 1003-6-3           
          730 ILCS 5/5-4-3                from Ch. 38, par. 1005-4-3           
          760 ILCS 55/16.5 new                                                 
          720 ILCS 5/Article 29C rep.                                          
        Deletes everything. Amends the Solicitation for Charity Act and        
   the Charitable Trust Act. Provides for the forfeiture to the State of       
   Illinois of charitable assets used directly or indirectly  to  further      
   terrorist  acts.  Amends  the  Firearm Owners Identification Card Act.      
   Provides for the denial of a Firearm Owner's  Identification  Card  to      
   aliens  who  have been admitted to the U.S. under a non-immigrant visa      
   with certain exceptions. Amends the Criminal Code  of  1961.  Provides      
   for the imposition of the death penalty if the murder was committed as      
   a  result of or in connection with the offense of terrorism.  Provides      
   that money laundering also includes financial transactions that do not      
   involve criminally derived funds but in which the funds  are  used  to      
   conduct  or  facilitate  specified  unlawful  activity.    Permits the      
   State's Attorney to approve eavesdropping by law enforcement  officers      
   who  are  parties to conversations involving investigations of certain      
   terrorism  offenses.  Creates  the  offenses  of  soliciting  material      
   support for terrorism, providing material support for terrorist  acts,      
   making   a  terrorist  threat,  falsely  making  a  terrorist  threat,      
   terrorism, and hindering prosecution of terrorism.  Provides  for  the      
   forfeiture  of  assets  used  or about to be used in committing any of      
   these terrorist crimes. Provides for restitution. Amends the  Code  of      
   Criminal Procedure of 1963 to permit a court to issue a search warrant      
   upon  sworn  oral  statements made by telephone or fax if the criminal      
   act relates to terrorism. Amends  the  Unified  Code  of  Corrections.      
   Provides  that  a person who is serving a term of imprisonment for the      
   offense of terrorism shall receive no good conduct  credit  and  shall      
   serve  the  entire  sentence  imposed  by the court. Provides that DNA      
   specimens shall  be  taken  of  persons  convicted  of  the  terrorism      
   offenses.  Amends  the  Statewide  Grand  Jury  Act.   Provides that a      
   Statewide Grand  Jury  may  be  convened  to  investigate  and  return      
   indictments  for  violating these new terrorism offenses.  Repeals the      
   International  Terrorism  Article  of  the  Criminal  Code  of   1961.      
   Effective immediately.                                                      
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          720 ILCS 5/29D-55 new                                                
        Deletes new provisions relating to asset freeze orders.  Provides      
   that  certain  provisions  relating  to  exceptions  to  eavesdropping      
   violations    and   orders   authorizing   interception   of   private      
   communications when no party has  consented  to  the  conversation  in      
   investigations  of  violations  of  the  new  terrorism  offenses  are      
   inoperative on and after January 1, 2005. In the definition Section of      
   the  new  terrorism  Article added to the Criminal Code of 1961 adds a      
   definition of "substantial damage". Provides that in the new  offenses      
   relating  to terrorism, limits references to "terrorist acts" to those      
   defined in the  new  terrorism  Article.  Provides  that  whenever  it      
   appears  that there is probable cause to believe that any person used,      
   is using, is about to use, or is intending to use property in any  way      
   that  constitutes or would constitute a violation of the new terrorism      
   offenses, the Attorney General or any State's Attorney may make an  ex      
   parte  application  to  the  circuit  court to freeze or seize all the      
   assets of that person and, upon a showing of probable cause in the  ex      
   parte  hearing,  the  circuit  court shall issue an order to freeze or      
   seize all assets of that person.                                            
        SENATE AMENDMENT NO. 3.                                                
          Adds reference to:                                                   
          720 ILCS 545/7                  from Ch. 38, par. 84-7               
        In the Solicitation for Charity Act and the Charitable Trust Act,      
   provides for the forfeiture of assets  of  a  charity  if  the  person      
   knowingly  uses  the  charitable  assets in furtherance of a terrorist      
   act. Provides that there must be a showing of  probable  cause  rather      
   than a reasonable suspicion of a violation of terrorism offenses or of      
   the  Solicitation  for  Charity Act or the Charitable Trust Act before      
   the Attorney General may seize assets of the  charity.  Provides  that      
   there  must  be  a  finding  of a violation by a court after a hearing      
   before the charity may be permanently enjoined from soliciting  funds.      
   In  the  new  Article of the Criminal Code of 1961 relating to the new      
   terrorism offenses, provides that an investigation  for  violation  of      
   these  offenses  may  not  be  initiated  or  continued for activities      
   protected by the First Amendment to the U.S. Constitution. Amends  the      
   Boarding Aircraft With Weapon Act. Changes the penalty for a violation      
   of the Act from a Class A misdemeanor to a Class 4 felony. Makes other      
        SENATE AMENDMENT NO. 5.                                                
        Provides that in an asset freeze or forfeiture hearing, the court      
   may  order  the  assets  released   to   pay   attorney's   fees   for      
   representation of the defendant in the hearing.                             
        SENATE AMENDMENT NO. 6.                                                
        Provides that the State's Attorney must approve  the  use  of  an      
   eavesdropping  device  (rather than just be notified of the use of the      
   device) to record or listen to a conversation in an investigation of a      
   terrorist offense when a law enforcement officer is  a  party  to  the      
   conversation  and consents to being intercepted or recorded.  Provides      
   that an application for an order approving the previous or  continuing      
   use  of  an  eavesdropping  device must be made within 48 hours of the      
   commencement of the use.                                                    
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
          Deletes reference to:                                                
          720 ILCS 5/9-1                                                       
          Adds reference to:                                                   
          430 ILCS 65/4                                                        
          735 ILCS 5/8-802                                                     
        Recommends that the Firearm Owner's Identification Card Act be         
   further amended to provide that a person applying for a Firearm             
   Owner's Identification Card must submit evidence to the Department of       
   State Police that he or she is not an alien who has been admitted to        
   the United States under a non-immigrant visa, or that he or she is an       
   alien who meets certain requirements. Eliminates a provision that a         
   person who commits first degree murder in connection with or as a           
   result of the offense of terrorism, is eligible for the death               
   penalty. Provides that an in rem proceeding for the forfeiture of           
   seized money or other things of value in connection with a violation        
   of the new terrorism provisions must be commenced within 60 days if         
   the seizure or asset freeze is not followed by a criminal charge.           
   Establishes conditions under which an innocent owner or interest            
   holder in seized assets may assert that the assets are exempt from          
   forfeiture. Amends the Code of Civil Procedure. Provides that a             
   health care practitioner may disclose information that the health           
   care practitioner acquired during the rending of professional services      
   in criminal actions arising from the rendering of a report of a             
   suspected terrorist offense. Makes other changes.                           

   Last action date: MAR-06-2002

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   5


 Full Text  Bill Status