Full Text of SB1013 96th General Assembly
SB1013sam002 96TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 5/21/2009
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| AMENDMENT TO SENATE BILL 1013
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| AMENDMENT NO. ______. Amend Senate Bill 1013, AS AMENDED, | 3 |
| by inserting the following in its proper numeric sequence in | 4 |
| Article 1:
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| "Section 1-5. The Criminal Code of 1961 is amended by | 6 |
| adding Article 33G as follows: | 7 |
| (720 ILCS 5/Art. 33G heading new) | 8 |
| ARTICLE 33G. Corruption Influenced and Criminal Organizations | 9 |
| Law | 10 |
| (720 ILCS 5/33G-1 new) | 11 |
| Sec. 33G-1. Short title. This Article may be cited as the | 12 |
| Corruption Influenced and Criminal Organizations Law, or | 13 |
| ("CICO"). | 14 |
| (720 ILCS 5/33G-2 new) |
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| Sec. 33G-2. Legislative declaration. The substantial harm, | 2 |
| public and private, inflicted on the people and economy of this | 3 |
| State by pervasive public corruption, violent street gangs, | 4 |
| organized sexual predators and hate crime offenders, | 5 |
| identity-theft rings, criminal commercial schemes, and all | 6 |
| other forms of enterprise criminality, is legitimately a matter | 7 |
| of grave concern to the people of this State who have a basic | 8 |
| right to be protected from such criminal activity and to be | 9 |
| given adequate criminal and civil remedies to redress its | 10 |
| harms. Whereas the current laws of this State provide | 11 |
| inadequate criminal and civil remedies, procedures and | 12 |
| punishments, the Illinois General Assembly hereby gives the | 13 |
| supplemental remedies of the Corruption Influenced and | 14 |
| Criminal Organizations Law full force and effect under law for | 15 |
| the common good of this State and its people. | 16 |
| (720 ILCS 5/33G-3 new) | 17 |
| Sec. 33G-3. Definitions. As used in this Article: | 18 |
| (a) "Another state" means any state of the United States | 19 |
| (other than the State of Illinois), or the District of | 20 |
| Columbia, or the Commonwealth of Puerto Rico, or any territory | 21 |
| or possession of the United States, or any political | 22 |
| subdivision, or any department, agency, or instrumentality | 23 |
| thereof. | 24 |
| (b) "Enterprise" includes (1) any individual, sole | 25 |
| proprietorship, partnership, corporation, association, |
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| business or charitable trust or other legal entity, and (2) any | 2 |
| union or group of individuals, sole proprietorships, | 3 |
| partnerships, corporations, associations, business or | 4 |
| charitable trusts or other legal entities, or any combination | 5 |
| thereof, associated in fact although not itself a legal entity. | 6 |
| An association in fact must be held together by a common | 7 |
| purpose, apart from an individual purpose or purposes, but it | 8 |
| need not be hierarchically structured or otherwise specially | 9 |
| configured. As used in this Article, "enterprise" includes | 10 |
| licit and illicit enterprises, as well as the State of Illinois | 11 |
| and any political subdivision, or any department, agency, or | 12 |
| instrumentality thereof. | 13 |
| (c) "Predicate activity" means: | 14 |
| (1) any act, attempt, endeavor, solicitation, or | 15 |
| conspiracy that is punishable by imprisonment for more than | 16 |
| one year, and constitutes a violation or violations of any | 17 |
| of the following provisions of the laws of the State of | 18 |
| Illinois (as amended or revised as of the date the activity | 19 |
| occurred or, in the instance of a continuing offense, the | 20 |
| date that charges under this Article are filed in a | 21 |
| particular matter in the State of Illinois): | 22 |
| (i) Section 7 of the Currency Reporting Act | 23 |
| (financial structuring); | 24 |
| (ii) Illinois Vehicle Code: Section 4-103 | 25 |
| (possession of stolen vehicles), 4-103.1 (stolen | 26 |
| vehicle conspiracy), 4-103.2 (aggravated possession of |
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| stolen vehicles), 4-103.3 (organizer of a stolen | 2 |
| vehicle conspiracy), 4-104 (stolen vehicle documents), | 3 |
| 4-105 (altered vehicle documents), or 4-105.1 (false | 4 |
| vehicle documents); | 5 |
| (iii) Criminal Code of 1961: Section 8-1 | 6 |
| (solicitation), 8-1.1 (solicitation of murder), 8-1.2 | 7 |
| (solicitation of murder for hire), 8-2 (conspiracy), | 8 |
| 8-4 (attempt), 9-1 (first degree murder), 9-3.1 | 9 |
| (concealment of homicidal death), 9-3.3 (drug-induced | 10 |
| homicide), 10-1 (kidnaping), 10-2 (aggravated | 11 |
| kidnaping), 10-3 (unlawful restraint), 10-3.1 | 12 |
| (aggravated unlawful restraint), 10-4 (forcible | 13 |
| detention), 10-5 (child abduction), 10-7 (aiding and | 14 |
| abetting child abduction), 10A-10 (trafficking of | 15 |
| persons and involuntary servitude), 11-6 (indecent | 16 |
| solicitation of a child), 11-9.1 (sexual exploitation | 17 |
| of a child), 11-9.2 (custodial sexual misconduct), | 18 |
| 11-15.1 (soliciting for a juvenile prostitute), 11-16 | 19 |
| (pandering), 11-17.1 (keeping a place of juvenile | 20 |
| prostitution), 11-18.1 (patronizing a juvenile | 21 |
| prostitute), 11-19.1 (juvenile pimping and aggravated | 22 |
| juvenile pimping), 11-19.2 (exploitation of a child), | 23 |
| 12-2 (aggravated assault), 12-4 (aggravated battery), | 24 |
| 12-4.1 (heinous battery), 12-4.2 (aggravated battery | 25 |
| with a firearm), 12-4.2-5 (aggravated battery with a | 26 |
| machine gun or silencer-equipped firearm), 12-4.5 |
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| (tampering with food, drugs or cosmetics), 12-4.7 | 2 |
| (drug-induced infliction of great bodily harm), 12-6 | 3 |
| (intimidation), 12-6.1 (compelling organization | 4 |
| membership of persons), 12-6.2 (aggravated | 5 |
| intimation), 12-6.4 (criminal street gang | 6 |
| recruitment), 12-7.1 (hate crime), 12-7.3 (stalking), | 7 |
| 12-7.4 (aggravated stalking), 12-7.5 (cyberstalking), | 8 |
| 12-9 (threatening public officials), 12-11 (home | 9 |
| invasion), 12-11.1 (vehicular invasion), 12-13 | 10 |
| (criminal sexual assault), 12-14 (aggravated criminal | 11 |
| sexual assault), 12-14.1 (predatory criminal sexual | 12 |
| assault of a child), 12-16 (aggravated criminal sexual | 13 |
| abuse), 12-20 (sale of body parts), 16-1 (theft), 16-7 | 14 |
| (piracy of recorded sounds or images), 16-16.1 | 15 |
| (aggravated possession of a stolen firearm), 16D-4 | 16 |
| (aggravated computer tampering), 16D-5 (computer | 17 |
| fraud), 16G-15 (identity theft), 16G-20 (aggravated | 18 |
| identity theft), 16H-60 (financial crime), 17-3 | 19 |
| (forgery), 17-5 (deceptive collection practices), 17-6 | 20 |
| (state benefits fraud), 17-9 (public aid wire fraud), | 21 |
| 17-10 (public aid mail fraud), 17-15 (fraudulent | 22 |
| conveyance), 17-24 (fraudulent schemes and artifices), | 23 |
| 17-25 (use of scanning devices to defraud), 17-26 | 24 |
| (corporate misconduct), 17-27 (fraud in insolvency), | 25 |
| 17-29 (fraudulent disadvantaged business contracts), | 26 |
| 18-1 (robbery), 18-2 (armed robbery), 18-3 (vehicular |
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| hijacking), 18-4 (aggravated vehicular hijacking), | 2 |
| 18-5 (aggravated robbery), 19-1 (burglary), 19-2 | 3 |
| (possession of burglary tools), 19-3 (residential | 4 |
| burglary), 20-1 (arson), 20-1.1 (aggravated arson), | 5 |
| 20-1.2 (residential arson), 20-1.3 (place of worship | 6 |
| arson), 20-2 (possession of explosives), 20.5-5 | 7 |
| (causing a catastrophe), 20.5-6 (possession of a | 8 |
| deadly substance), 24-1.2 (aggravated discharge of a | 9 |
| firearm), 24-1.2-5 (aggravated discharge of a machine | 10 |
| gun or silencer equipped firearm), 24-1.6 (aggravated | 11 |
| unlawful use of a weapon), 24-2.2 (unlawful | 12 |
| ammunition), 24-3 (unlawful sale of firearms), 24-3.2 | 13 |
| (unlawful discharge of firearm projectiles), 24-3A | 14 |
| (gunrunning), 24-5 (defacing a firearm), 28-1.1 | 15 |
| (syndicated gambling), 29-1 (offering a sports bribe), | 16 |
| 29-2 (accepting a sports bribe), 29A-1 (offering a | 17 |
| commercial bribe), 29A-2 (accepting a commercial | 18 |
| bribe), 29B-1 (money laundering), 29D-15 (soliciting | 19 |
| support for terrorism), 29D-20 (making a terrorist | 20 |
| threat), 29D-25 (falsely making a terrorist threat), | 21 |
| 29D-30 (terrorism), 29D-35 (hindering prosecution of | 22 |
| terrorism), 30-1 (treason), 31-4 (obstruction of | 23 |
| justice), 31A-1.2 (unauthorized contraband in a penal | 24 |
| institution), 32-2 (perjury), 32-3 (subornation of | 25 |
| perjury), 32-4 (communication with jurors or | 26 |
| witnesses), 32-4a (harassment of jurors or witnesses), |
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| 32-4b (juror bribery), 32-5 (false personation of a | 2 |
| government official), 32-5.1 (false personation of a | 3 |
| peace officer), 32-5.1-1 (false personation of a peace | 4 |
| officer with a deadly weapon), 32-5.2 (aggravated | 5 |
| false personation of a peace officer), 32-5.4 (false | 6 |
| personation of a fire fighter), 32-5.5 (aggravated | 7 |
| false personation of a firefighter), 33-1 (bribery), | 8 |
| 33A-3 (armed violence), 33C-1 (fraudulent | 9 |
| certification of disadvantaged business), 33C-2 (false | 10 |
| statement regarding a disadvantaged business), 33C-3 | 11 |
| (obstruction of a disadvantaged business | 12 |
| investigation), 33C-4 (obtaining fraudulent payments | 13 |
| for a disadvantaged business), 33E-3 (bid-rigging), | 14 |
| 33E-4 (bid-rotating), 33E-5 (unlawful acquisition or | 15 |
| disclosure of bid information), 33E-6 (interference | 16 |
| with contract submission or award), 33E-7 (kickbacks), | 17 |
| 33E-8 (bribery of inspectors), 33E-9 (unlawful change | 18 |
| orders), 33E-11 (unlawful certification), 33E-14 | 19 |
| (false statements on vendor applications), 33E-15 | 20 |
| (false entries), 33E-16 (misapplication of funds), | 21 |
| 33E-17 (unlawful participation), 33E-18 (unlawful | 22 |
| stringing of bids), 39-1 (criminal usury), 46-2 | 23 |
| (insurance fraud), 46-1.1 (fraud on a governmental | 24 |
| entity), or 46-2 (aggravated insurance fraud); | 25 |
| (iv) Illinois Credit Card and Debit Card Act: | 26 |
| Section 3 (false statement in procuring a credit card), |
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| 7 (obtaining or transferring a credit card with intent | 2 |
| to defraud), 8 (credit card fraud), 12 (use of account | 3 |
| information with intent to defraud), 15 (alteration of | 4 |
| a credit card), 16 (counterfeit credit card), 17 | 5 |
| (unlawful possession of credit card machinery), 17.01 | 6 |
| (fraudulent deposit), or 17.02 (fraudulent | 7 |
| transmission); | 8 |
| (v) Cannabis Control Act: Section 5 (manufacture | 9 |
| or delivery of cannabis), 5.1 (cannabis trafficking), | 10 |
| 8 (production or possession of cannabis plants); | 11 |
| (vi) Illinois Controlled Substances Act: 401 | 12 |
| (manufacture or delivery of a controlled substance), | 13 |
| 401.1 (controlled substance trafficking), 405 | 14 |
| (calculated criminal drug conspiracy), 405.1 (criminal | 15 |
| drug conspiracy), 405.2 (streetgang criminal drug | 16 |
| conspiracy), or 406.1 (unlawful use of buildings to | 17 |
| produce controlled substances); | 18 |
| (vii) Methamphetamine Control and Community | 19 |
| Protection Act: Section 15 (methamphetamine | 20 |
| manufacturing) or 55 (methamphetamine delivery); or | 21 |
| (viii) Home Repair Fraud Act: Section 3 (home | 22 |
| repair fraud) or 5 (aggravated home repair fraud); or | 23 |
| (2) any act, attempt, endeavor, solicitation, or | 24 |
| conspiracy involving murder, kidnaping, gambling, arson, | 25 |
| robbery, bribery, extortion, dealing in obscene matter, or | 26 |
| dealing in a controlled substance or listed chemical (as |
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| defined under the laws of the United States in Title 21, | 2 |
| United States Code, Section 802), that is chargeable under | 3 |
| the laws of Another State and punishable by imprisonment | 4 |
| for more than one year. Under this Article, "chargeable" | 5 |
| means the act, attempt or endeavor, solicitation, or | 6 |
| conspiracy constitutes an offense under the substantive | 7 |
| criminal law of Another State, as such laws exist as of the | 8 |
| date the activity occurred or, in the instance of a | 9 |
| continuing offense, the date that charges under this | 10 |
| Article are filed in a particular matter in the State of | 11 |
| Illinois, but it does not include any procedural defenses | 12 |
| under the laws of Another State; or | 13 |
| (3) any act, attempt, endeavor, solicitation, or | 14 |
| conspiracy that is chargeable under any of the provisions | 15 |
| referenced in Title 18, United States Code, Sections | 16 |
| 1961(1)(B) through (G). Under this Article, "chargeable" | 17 |
| means the act, attempt or endeavor, solicitation, or | 18 |
| conspiracy constitutes an offense under the referenced | 19 |
| provisions, as such provisions exist as of the date the | 20 |
| activity occurred or, in the instance of a continuing | 21 |
| offense, the date that charges under this Article are filed | 22 |
| in a particular matter in the State of Illinois, but it | 23 |
| does not include any procedural defenses under the laws of | 24 |
| the United States. | 25 |
| (d) "Pattern of predicate activity" means: (1) at least 2 | 26 |
| occurrences of predicate activity related to the affairs of an |
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| enterprise in the form of an act, attempt, endeavor, | 2 |
| solicitation, or conspiracy, or any combination thereof; and | 3 |
| (2) at least one of which falls after the effective date of | 4 |
| this Article, and the last of which falls within 10 years | 5 |
| (excluding any period of imprisonment) after the prior | 6 |
| occurrence of predicate activity. | 7 |
| (e) "Unlawful debt" means a debt (1) incurred or contracted | 8 |
| in the business of gambling activity that was in violation of | 9 |
| the law of the United States, or the State of Illinois or | 10 |
| Another State, or any political subdivision thereof, and that | 11 |
| is unenforceable under Federal law, or the laws of the State of | 12 |
| Illinois or Another State, in whole or in part as to principal | 13 |
| or interest, or (2) that was incurred in connection with the | 14 |
| business of lending money or other things of value in violation | 15 |
| of the laws of the United States, or the laws of the State of | 16 |
| Illinois or Another State, or a political subdivision thereof, | 17 |
| at a rate usurious under Federal law, or the laws of the State | 18 |
| of Illinois or Another State, where the usurious rate is at | 19 |
| least twice the enforceable rate. | 20 |
| (f) "Unlawful death" includes the following offenses under | 21 |
| the Criminal Code of 1961: Section 9-1 (first degree murder), | 22 |
| 9-2 (second degree murder), 9-3 (voluntary manslaughter and | 23 |
| reckless homicide), or 9-3.2 (involuntary manslaughter). | 24 |
| (g) "Corruption prosecutor" means any Illinois State's | 25 |
| Attorney, or any of his or her representatives so designated by | 26 |
| such Illinois State's Attorney, under the laws or regulations |
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| of the State of Illinois or any political subdivision thereof, | 2 |
| who is charged with the duty of enforcing or carrying into | 3 |
| effect this Article. "Corruption prosecutor" also includes the | 4 |
| Attorney General of the State of Illinois upon the granting of | 5 |
| an application pursuant to the Statewide Grand Jury Act. | 6 |
| (h) "Corruption investigator" means any peace officer or | 7 |
| law enforcement agent of the United States, Another State, the | 8 |
| State of Illinois, or any political subdivision thereof, or any | 9 |
| member or attorney of a law enforcement office, agency, | 10 |
| commission, or other entity that is empowered to investigate or | 11 |
| prosecute any criminal violation of the laws of the United | 12 |
| States, another state, the State of Illinois, or any political | 13 |
| subdivision thereof. | 14 |
| (i) "Corruption investigation" means any inquiry conducted | 15 |
| by any corruption prosecutor or corruption investigator for the | 16 |
| purpose of ascertaining whether, or to what degree, any person | 17 |
| has been involved in any violation of this Article, or any | 18 |
| inquiry concerning any final order, judgment, or decree of any | 19 |
| court, duly entered in any case or proceeding arising under | 20 |
| this Article. | 21 |
| (720 ILCS 5/33G-4 new) | 22 |
| Sec. 33G-4. Prohibited activities. Under this Article: | 23 |
| (a) It is unlawful for any person: (1) who is employed by | 24 |
| or associated with any enterprise, knowingly to conduct or | 25 |
| participate, directly or indirectly, in such enterprise's |
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| affairs through either a pattern of predicate activity or the | 2 |
| collection of unlawful debt; or (2) knowingly to acquire or | 3 |
| maintain, directly or indirectly, through either a pattern of | 4 |
| predicate activity or the collection of unlawful debt, any | 5 |
| interest in, or control of, to any degree, of any enterprise, | 6 |
| real property, or personal property of any character, including | 7 |
| money. | 8 |
| (b) It is unlawful for any person knowingly to attempt to | 9 |
| violate, or knowingly conspire to violate, this Article. | 10 |
| Notwithstanding any other provision of law, in any prosecution | 11 |
| for a conspiracy to violate this Article, no person may be | 12 |
| convicted of such conspiracy unless an overt act in furtherance | 13 |
| of such agreement is alleged and proved to have been committed | 14 |
| by him or by a coconspirator. The commission of such overt act | 15 |
| need not itself constitute predicate activity underlying the | 16 |
| specific violation of this Article. | 17 |
| (c) The application of a remedy under this Article shall | 18 |
| not preclude the application of other criminal, civil or | 19 |
| administrative remedies under this Article or any other | 20 |
| provision of law. Any person prosecuted under this Article may | 21 |
| be convicted and sentenced either: (1) for the offense of | 22 |
| attempting or conspiring to violate this Article, and for any | 23 |
| other particular offense or offenses that may constitute an | 24 |
| object of the attempt or conspiracy to violate this Article; or | 25 |
| (2) for the substantive offense of violating this Article, and | 26 |
| for any other particular offense or offenses that may |
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| constitute predicate activity underlying a violation of this | 2 |
| Article. | 3 |
| (d) It is not a defense to any violation of this Article | 4 |
| that a defendant has been formerly prosecuted for an offense | 5 |
| based upon the same facts, within the meaning of Section 3-4 of | 6 |
| this Code, that thereafter serves as any portion of the | 7 |
| underlying predicate activity in a subsequent prosecution for | 8 |
| any violation of this Article, unless the former prosecution | 9 |
| was terminated by a final order or judgment, even if entered | 10 |
| before trial, which required a determination inconsistent with | 11 |
| any fact necessary to a conviction in the subsequent | 12 |
| prosecution under this Article. | 13 |
| (720 ILCS 5/33G-5 new) | 14 |
| Sec. 33G-5. Penalties. Under this Article, notwithstanding | 15 |
| any other provision of law: | 16 |
| (a) Any violation of this Article shall be sentenced as a | 17 |
| Class X felony with a term of imprisonment of not less than 6 | 18 |
| years and not more than 30 years, and the sentence imposed | 19 |
| shall also include restitution, and/or a criminal fine, jointly | 20 |
| and severally, up to $250,000 or twice the gross amount of any | 21 |
| intended loss of the violation, if any, whichever is higher. | 22 |
| (b) Wherever the unlawful death of any person or persons | 23 |
| results as a necessary or natural consequence of any violation | 24 |
| of this Article, the sentence imposed on the defendant shall | 25 |
| include an enhanced term of imprisonment of at least 25 years |
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| up to natural life, in addition to any other penalty imposed by | 2 |
| the court, provided: (1) the death or deaths were reasonably | 3 |
| foreseeable to the defendant to be sentenced; and (2) the death | 4 |
| or deaths occurred when such defendant was otherwise engaged in | 5 |
| the violation of this Article as a whole. | 6 |
| (c) A sentence of probation, periodic imprisonment, | 7 |
| conditional discharge, impact incarceration or county impact | 8 |
| incarceration, court supervision, withheld adjudication, or | 9 |
| any pretrial diversionary sentence or suspended sentence, is | 10 |
| not authorized for a violation of this Article. | 11 |
| (720 ILCS 5/33G-6 new) | 12 |
| Sec. 33G-6. Remedial proceedings, procedures, and | 13 |
| forfeiture. Under this Article: | 14 |
| (a) The courts shall have jurisdiction to prevent and | 15 |
| restrain violations of this Article by issuing appropriate | 16 |
| orders, including: (1) ordering any person to disgorge illicit | 17 |
| proceeds obtained by a violation of this Article or divest | 18 |
| himself or herself of any interest, direct or indirect, in any | 19 |
| enterprise or real or personal property of any character, | 20 |
| including money, obtained, directly or indirectly, by a | 21 |
| violation of this Article; (2) imposing reasonable | 22 |
| restrictions on the future activities or investments of any | 23 |
| person or enterprise, including prohibiting any person or | 24 |
| enterprise from engaging in the same type of endeavor as the | 25 |
| person or enterprise engaged in, that violated this Article; or |
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| (3) ordering dissolution or reorganization of any enterprise, | 2 |
| making due provision for the rights of innocent persons. | 3 |
| (b) The United States, Another State, or the State of | 4 |
| Illinois, or any political subdivision, or any department, | 5 |
| agency, or instrumentality thereof, or any person (subject to a | 6 |
| substantially equal involvement defense) or such person's | 7 |
| estate, injured in his or her person, business, or property by | 8 |
| reason of a violation, directly or indirectly, of this Article, | 9 |
| may sue in any appropriate court and shall recover threefold | 10 |
| any damages sustained and the costs of the suit, including a | 11 |
| reasonable attorney's fee at the trial and appellate level, and | 12 |
| any equitable remedy justice requires, including injunctions, | 13 |
| declaratory judgments, divestiture, accounting or | 14 |
| disgorgement. Pending final determination thereof, the court | 15 |
| may at any time enter such restraining orders or prohibitions, | 16 |
| or take such other actions, including the acceptance of | 17 |
| satisfactory performance bonds, as it shall deem proper. | 18 |
| Satisfactory performance bonds shall not be required of the | 19 |
| United States, Another State, or the State of Illinois, or any | 20 |
| political subdivision, or any department, agency, or | 21 |
| instrumentality thereof. The existence of a criminal | 22 |
| conviction or corruption investigation for the alleged | 23 |
| violation of this Article is not a prerequisite to any | 24 |
| proceeding hereunder, but a final judgment entered in favor of | 25 |
| the People of the State of Illinois in any criminal proceeding | 26 |
| brought under this Article shall estop the defendant in the |
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| criminal case from denying the material allegations of the | 2 |
| criminal violation in any subsequent civil or administrative | 3 |
| proceeding brought under this Article. | 4 |
| (c) Notwithstanding any other provision of law, the court | 5 |
| shall, for any violation of this Article, order criminal or | 6 |
| civil forfeiture, in personam or in rem, jointly and severally, | 7 |
| of any interest or property the person has acquired or | 8 |
| maintained in violation of this Article, or any interest in, | 9 |
| security of, or claim against, or property or contractual right | 10 |
| of any kind affording a source of influence of any degree over, | 11 |
| any enterprise that the person has established, operated, | 12 |
| controlled, conducted, or participated in, in violation of this | 13 |
| Article, as well as any property constituting, or derived from, | 14 |
| any proceeds, including money, that the person obtained, | 15 |
| directly or indirectly, from predicate activity or unlawful | 16 |
| debt collection in violation of this Article. Any court, in | 17 |
| imposing sentence on such person, shall order, in addition to | 18 |
| any other sentence imposed pursuant to this Article, that the | 19 |
| person forfeit to the State of Illinois all property described | 20 |
| herein. The property and interests subject to criminal or civil | 21 |
| forfeiture under this Article include any real property, | 22 |
| including things growing on, affixed to, and found in land, and | 23 |
| any tangible and intangible personal property, including | 24 |
| rights, privileges, interests, claims, and securities. All | 25 |
| right, title, and interest in property described in this | 26 |
| Article vests in the State of Illinois upon the inception of |
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| the illicit agreement or commission of any act otherwise giving | 2 |
| rise to forfeiture under this Article. The court shall further | 3 |
| order the criminal or civil forfeiture of any other property of | 4 |
| the defendant up to the value of the property described herein | 5 |
| if, as a result of any act or omission of the defendant, such | 6 |
| property subject to forfeiture: (1) cannot be located upon the | 7 |
| exercise of due diligence; (2) has been transferred or sold to, | 8 |
| or deposited with, a third party; (3) has been placed beyond | 9 |
| the jurisdiction of the court; (4) has been substantially | 10 |
| diminished in value; or (5) has been commingled with other | 11 |
| property that cannot be divided without difficulty. | 12 |
| (d) Any property subject to criminal or civil forfeiture | 13 |
| under this Article that is subsequently transferred to a person | 14 |
| other than a defendant may be the subject of a special verdict | 15 |
| of forfeiture and thereafter shall be ordered forfeited to the | 16 |
| State of Illinois, unless the transferee petitions the court | 17 |
| and establishes in a hearing before the court, without a jury, | 18 |
| that he or she is a bona fide purchaser for value of such | 19 |
| property who at the time of purchase was reasonably without | 20 |
| cause to believe that the property was subject to forfeiture | 21 |
| under this Article. The petition shall be signed by the | 22 |
| petitioner under penalty of perjury and shall set forth the | 23 |
| nature and extent of the petitioner's right, title, or interest | 24 |
| in the property, the time and circumstances of the petitioner's | 25 |
| acquisition of the right, title, or interest in the property, | 26 |
| any additional facts supporting the petitioner's claim, and the |
|
|
|
09600SB1013sam002 |
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| 1 |
| relief sought. The hearing on the petition shall, to the extent | 2 |
| practicable and consistent with the interests of justice, be | 3 |
| held as soon as possible after completion of the criminal | 4 |
| proceedings, if any, pursuant to this Article. The court may | 5 |
| consolidate the hearing on the petition with a hearing on any | 6 |
| other petition filed by a person other than the defendant under | 7 |
| this Article. Following the court's disposition of all | 8 |
| petitions filed under this Article, or if no such petitions are | 9 |
| filed then within 90 days of the completion of criminal or | 10 |
| civil proceedings pursuant to this Article, the State of | 11 |
| Illinois shall have clear title to property that is the subject | 12 |
| of the order of forfeiture and may warrant good title to any | 13 |
| subsequent purchaser or transferee. In addition to testimony | 14 |
| and evidence presented at the hearing, the court shall consider | 15 |
| the relevant portions of the record of any criminal case that | 16 |
| resulted in, or relates to, the order of forfeiture. After the | 17 |
| hearing, the court shall amend the order of forfeiture if the | 18 |
| court determines that the petitioner has established by a | 19 |
| preponderance of the evidence that: | 20 |
| (1) the petitioner has a legal right, title, or | 21 |
| interest in the property, and such right, title, or | 22 |
| interest renders the order of forfeiture invalid in whole | 23 |
| or in part because the right, title, or interest was vested | 24 |
| in the petitioner rather than the defendant or was superior | 25 |
| to any right, title, or interest of the defendant at the | 26 |
| time of the commission of the acts that gave rise to the |
|
|
|
09600SB1013sam002 |
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| 1 |
| forfeiture of the property under this Article; or | 2 |
| (2) the petitioner is a bona fide purchaser for value | 3 |
| of the right, title, or interest in the property and was at | 4 |
| the time of purchase reasonably without cause to believe | 5 |
| that the property was subject to forfeiture under this | 6 |
| Article. | 7 |
| (e) Upon application of a corruption prosecutor, the court | 8 |
| may enter a restraining order or injunction, require the | 9 |
| execution of a satisfactory performance bond, or take any other | 10 |
| action to preserve the availability of property described | 11 |
| herein for forfeiture under this Article: | 12 |
| (1) upon the filing of an indictment or information | 13 |
| charging a violation of this Article and alleging that the | 14 |
| property with respect to which the order is sought would, | 15 |
| in the event of conviction, be subject to forfeiture under | 16 |
| this Article; or | 17 |
| (2) prior to the filing of such an indictment or | 18 |
| information, if, after notice to persons appearing to have | 19 |
| an interest in the property and opportunity for a hearing, | 20 |
| the court determines that: (A) there is a substantial | 21 |
| probability that the corruption prosecutor will prevail on | 22 |
| the issue of forfeiture and that failure to enter the order | 23 |
| will result in the property being destroyed, removed from | 24 |
| the jurisdiction of the court, or otherwise made | 25 |
| unavailable for forfeiture; and (B) the need to preserve | 26 |
| the availability of the property through the entry of the |
|
|
|
09600SB1013sam002 |
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| 1 |
| requested order outweighs the hardship on any party against | 2 |
| whom the order is to be entered; Provided that any such | 3 |
| order entered be effective for not more than ninety days, | 4 |
| unless extended by the court for good cause shown or unless | 5 |
| an indictment or information described herein has been | 6 |
| filed. | 7 |
| A temporary restraining order under this Article may be | 8 |
| entered upon application of a corruption prosecutor without | 9 |
| notice or opportunity for a hearing when an information or | 10 |
| indictment has not yet been filed with respect to the property, | 11 |
| if the corruption prosecutor demonstrates that there is | 12 |
| probable cause to believe that the property with respect to | 13 |
| which the order is sought would, in the event of conviction, be | 14 |
| subject to forfeiture under this Article and that provision of | 15 |
| notice will jeopardize the integrity of a corruption | 16 |
| investigation, the safety of any persons, or the availability | 17 |
| of the property for forfeiture. Such a temporary order shall | 18 |
| expire not more than 10 days after the date on which it is | 19 |
| entered, unless extended for good cause shown or unless the | 20 |
| party against whom it is entered consents to an extension for a | 21 |
| longer period. A hearing requested concerning an order entered | 22 |
| herein under this Article shall be held at the earliest | 23 |
| possible time, and prior to the expiration of the temporary | 24 |
| order. The court may receive and consider, at a hearing held | 25 |
| pursuant to this Article, evidence and information that would | 26 |
| be otherwise inadmissible under the rules of evidence, and such |
|
|
|
09600SB1013sam002 |
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| 1 |
| a hearing shall be heard by the court without a jury. | 2 |
| (f) Upon conviction of a person under this Article or upon | 3 |
| the completion of appropriate civil proceedings under this | 4 |
| Article, the court shall enter a judgment of forfeiture of the | 5 |
| property to the State of Illinois and shall authorize the | 6 |
| corruption prosecutor or his or her agent to seize all property | 7 |
| ordered forfeited upon such terms and conditions as the court | 8 |
| shall deem proper. Following the entry of an order declaring | 9 |
| the property forfeited, the court may, upon application of a | 10 |
| corruption prosecutor or corruption investigator, enter such | 11 |
| appropriate restraining orders or injunctions, require the | 12 |
| execution of satisfactory performance bonds, appoint | 13 |
| receivers, conservators, appraisers, accountants, or trustees, | 14 |
| or take any other action to protect the interest of the State | 15 |
| of Illinois in the property ordered forfeited. Any income | 16 |
| accruing to, or derived from, an enterprise or an interest in | 17 |
| an enterprise that has been ordered forfeited under this | 18 |
| Article may be used to offset ordinary and necessary expenses | 19 |
| to the enterprise which are required by law, or which are | 20 |
| necessary to protect the interests of the State of Illinois or | 21 |
| third parties. | 22 |
| (g) Following the seizure of property ordered forfeited | 23 |
| under this Article, the corruption prosecutor or his or her | 24 |
| agent shall direct the disposition of the property by sale or | 25 |
| any other commercially feasible means, making due provision for | 26 |
| the rights of any innocent persons. Any property right or |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| interest not exercisable by, or transferable for value to, the | 2 |
| State of Illinois shall expire and shall not revert to the | 3 |
| defendant, nor shall the defendant or any person acting in | 4 |
| concert with or on behalf of the defendant be eligible to | 5 |
| purchase forfeited property at any sale held by the corruption | 6 |
| prosecutor or his or her agent. Upon application of a person, | 7 |
| other than the defendant or a person acting in concert with or | 8 |
| on behalf of the defendant, the court may restrain or stay the | 9 |
| sale or disposition of the property pending the conclusion of | 10 |
| any appeal of the criminal case giving rise to the forfeiture, | 11 |
| if the applicant demonstrates that proceeding with the sale or | 12 |
| disposition of the property will result in irreparable injury, | 13 |
| harm or loss to him or her. At the direction of the court, the | 14 |
| proceeds of any sale or other disposition of property forfeited | 15 |
| under this Article and any moneys forfeited shall be used to | 16 |
| pay all proper expenses consisting of the costs of the | 17 |
| corruption investigation, the prosecution thereof, and any | 18 |
| related remedial proceedings under this Article, as well as the | 19 |
| forfeiture and sale, including any expenses of seizure, | 20 |
| maintenance or custody of the property pending its disposition, | 21 |
| advertising and court costs. The corruption prosecutor shall | 22 |
| deposit in the treasury of the State of Illinois 75% of any | 23 |
| amounts of the proceeds or moneys remaining after the payment | 24 |
| of such proper expenses, which money or proceeds shall | 25 |
| thereafter be disposed of as prescribed by law, and the | 26 |
| corruption prosecutor shall retain directly the final 25% of |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| such proceeds or moneys for the general purposes of fulfilling | 2 |
| the duties of his or her office, or for equitable sharing, as | 3 |
| directed by the corruption prosecutor, among those corruption | 4 |
| investigators participating in the corruption investigation, | 5 |
| the prosecution thereof, and or any related remedial | 6 |
| proceedings under this Article. | 7 |
| (h) With respect to property ordered forfeited under this | 8 |
| Article, the court is authorized to: (1) grant petitions for | 9 |
| mitigation or remission of forfeiture, restore forfeited | 10 |
| property to victims of a violation of this Article, or take any | 11 |
| other action to protect the rights of innocent persons that is | 12 |
| in the interest of justice and that is not inconsistent with | 13 |
| the provisions of this Article; (2) compromise claims arising | 14 |
| under this Article; (3) award compensation to persons providing | 15 |
| information resulting in a forfeiture under this Article; (4) | 16 |
| direct the disposition by public sale by the corruption | 17 |
| prosecutor or his or her agent of all property ordered | 18 |
| forfeited under this Article or direct any other commercially | 19 |
| feasible means, making due provision for the rights of innocent | 20 |
| persons; and (5) take appropriate measures necessary to | 21 |
| safeguard and maintain property ordered forfeited under this | 22 |
| Article pending its disposition. | 23 |
| (i) Except as provided herein, no party claiming an | 24 |
| interest in property subject to forfeiture under this Article | 25 |
| may: (1) intervene in any trial or appeal of a criminal case | 26 |
| involving the forfeiture of such property under this Article; |
|
|
|
09600SB1013sam002 |
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| 1 |
| or (2) commence an action at law or equity against the State of | 2 |
| Illinois, or against any corruption prosecutor or corruption | 3 |
| investigator, concerning the actions taken under this Article | 4 |
| or concerning the validity of an alleged interest in the | 5 |
| property subsequent to the filing of an indictment or | 6 |
| information alleging that the property is subject to forfeiture | 7 |
| under this Article. | 8 |
| (j) In order to facilitate the identification or location | 9 |
| of property declared forfeited and to facilitate the | 10 |
| disposition of petitions for remission or mitigation of | 11 |
| forfeiture, after the entry of an order declaring property | 12 |
| forfeited to the State of Illinois, the court may, upon | 13 |
| application of the corruption prosecutor, order that the | 14 |
| testimony of any witness relating to the property forfeited be | 15 |
| taken by deposition and that any designated book, paper, | 16 |
| document, record, recording, or other material not privileged | 17 |
| be produced at the same time and place, in the same manner as | 18 |
| provided for the taking of depositions in civil proceedings | 19 |
| under the laws of the State of Illinois. | 20 |
| (720 ILCS 5/33G-7 new) | 21 |
| Sec. 33G-7. Severability. If any clause, sentence, Section | 22 |
| or provision, or part of this Article or the application | 23 |
| thereof to any person or circumstance shall be adjudged to be | 24 |
| unconstitutional, the remainder of this Article or its | 25 |
| application to any person or circumstances other than those to |
|
|
|
09600SB1013sam002 |
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| 1 |
| which it is held invalid shall not be affected thereby. | 2 |
| (720 ILCS 5/33G-8 new) | 3 |
| Sec. 33G-8. Construction. In interpreting the provisions | 4 |
| of this Article, the court, because of their remedial purposes, | 5 |
| shall construe them liberally. Nothing in this Article shall | 6 |
| preclude the imposition of additional criminal penalties under | 7 |
| any provision of Federal law, or the laws of the State of | 8 |
| Illinois or Another State, or any other law, or the affording | 9 |
| of any civil or administrative remedies in addition to those | 10 |
| provided for in this Article. In addition, the court shall | 11 |
| construe this Article in light of the provisions contained in | 12 |
| Title IX of Public Law 91-452, 84 Stat. 922 (as amended in | 13 |
| Title 18, United States Code, Section 1961-1968), wherever | 14 |
| substantially similar language is used in such Title and this | 15 |
| Article, but where such language indicates an intent to depart | 16 |
| from such Title, the court shall interpret the language as | 17 |
| herein provided. | 18 |
| (720 ILCS 5/33G-9 new) | 19 |
| Sec. 33G-9. Limitations. Under this Article, | 20 |
| notwithstanding any other provision of law, but otherwise | 21 |
| subject to the periods of exclusion from limitation as provided | 22 |
| in Section 3-7 of this Code, the following limitations apply: | 23 |
| (a) Any action, proceeding, or prosecution brought by a | 24 |
| corruption prosecutor under this Article must commence within 5 |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| years of one of the following dates, whichever is latest: (1) | 2 |
| the date of the commission of the last occurrence of predicate | 3 |
| activity in a pattern of such activity, in the form of an act, | 4 |
| attempt, endeavor, or solicitation, underlying the alleged | 5 |
| violation of this Article; or (2) in the case of an action, | 6 |
| proceeding, or prosecution, based upon a conspiracy to violate | 7 |
| this Article, the date that the last objective of the alleged | 8 |
| conspiracy was accomplished, defeated or abandoned (whichever | 9 |
| is later); or (3) the date any minor victim of the violation | 10 |
| attains the age of 18 years or the date any victim of the | 11 |
| violation subject to a legal disability thereafter gains legal | 12 |
| capacity; or (4) the date that any alleged violation of this | 13 |
| Article, including injury, cause, pattern, or identity of the | 14 |
| violator or violators, was otherwise discovered in the exercise | 15 |
| of good faith; | 16 |
| (b) Any action, proceeding, or prosecution brought by a | 17 |
| corruption prosecutor under this Article may be commenced at | 18 |
| any time against all defendants if the conduct of any | 19 |
| defendant, or any part of the overall violation, resulted in | 20 |
| the unlawful death of any person or persons; | 21 |
| (c) Any action or proceeding brought by a private party | 22 |
| under subsection (b) of Section 33G-6 of this Article must | 23 |
| commence within 3 years of one of the following dates, | 24 |
| whichever is latest: (1) the date of the commission of the last | 25 |
| occurrence of predicate activity in a pattern of such activity, | 26 |
| in the form of an act, attempt, endeavor, or solicitation, |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| underlying the alleged violation of this Article; or (2) in the | 2 |
| case of an action, proceeding, or prosecution, based upon a | 3 |
| conspiracy to violate this Article, the date that the last | 4 |
| objective of the alleged conspiracy was accomplished, defeated | 5 |
| or abandoned (whichever is later); or (3) the date any minor | 6 |
| victim of the violation attains the age of 18 years or the date | 7 |
| any victim of the violation subject to a legal disability | 8 |
| thereafter gains legal capacity; or (4) the date that any | 9 |
| alleged violation of this Article, including injury, cause, | 10 |
| pattern, or identity of the violator or violators, was | 11 |
| otherwise discovered in the exercise of good faith. | 12 |
| Section 1-10. The Code of Criminal Procedure of 1963 is | 13 |
| amended by changing Sections 108A-1, 108A-3, 108A-4, 108A-5, | 14 |
| and 108B-3 as follows:
| 15 |
| (725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)
| 16 |
| Sec. 108A-1. Authorization for use of eavesdropping | 17 |
| device. The State's
Attorney or an Assistant State's Attorney | 18 |
| authorized by the State's
Attorney may authorize an
application | 19 |
| to a circuit judge or an associate
judge assigned by the Chief | 20 |
| Judge of the circuit for, and such judge
may grant in | 21 |
| conformity with this Article, an order authorizing or approving
| 22 |
| the use of an eavesdropping device by a law enforcement officer | 23 |
| or agency
having the responsibility for the investigation of | 24 |
| any felony under Illinois
law where any one party to a |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| conversation to be monitored, or previously
monitored in the | 2 |
| case of an emergency situation as defined in this Article,
has | 3 |
| consented to such monitoring.
| 4 |
| The Chief Judge of the circuit may assign to associate | 5 |
| judges the power
to issue orders authorizing or approving the | 6 |
| use of eavesdropping devices
by law enforcement officers or | 7 |
| agencies in accordance with this Article.
After assignment by | 8 |
| the Chief Judge, an associate judge shall have plenary
| 9 |
| authority to issue such orders without additional | 10 |
| authorization for each
specific application made to him by the | 11 |
| State's Attorney until such time as
the associate judge's power | 12 |
| is rescinded by the Chief Judge. The Chief Judge of the | 13 |
| circuit, or any circuit judge or an associate judge assigned by | 14 |
| the Chief Judge, shall remain available on an expedited basis | 15 |
| to review applications and issue orders authorizing or | 16 |
| approving the use of eavesdropping devices in accordance with | 17 |
| this Article during non-business hours.
| 18 |
| (Source: P.A. 92-413, eff. 8-17-01.)
| 19 |
| (725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
| 20 |
| Sec. 108A-3. Procedure for Obtaining Judicial Approval of | 21 |
| Use
of Eavesdropping Device. (a) Where any one party to a | 22 |
| conversation to occur
in the future has consented to the use of | 23 |
| an eavesdropping device
to overhear or record the conversation, | 24 |
| a judge may grant
approval to an application to use an | 25 |
| eavesdropping device
pursuant to the provisions of this |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| section.
| 2 |
| Each application for an order authorizing or subsequently | 3 |
| approving the
use of an eavesdropping device shall be made in | 4 |
| writing
upon oath or affirmation to a circuit judge, or an | 5 |
| associate judge
assigned for such purpose pursuant to Section | 6 |
| 108A-1 of this Code, and
shall state the applicant's authority | 7 |
| to make such application. Each
application shall include the | 8 |
| following:
| 9 |
| (1) the identity of the investigative or law enforcement
| 10 |
| officer making the application and the State's Attorney | 11 |
| authorizing
the application;
| 12 |
| (2) a statement of the facts and circumstances
relied upon | 13 |
| by the applicant to justify his belief that
an order should be | 14 |
| issued including: (a) details as to the
felony that has been, | 15 |
| is being, or is about to be committed , or a brief statement of | 16 |
| the nature of the felony investigation ; (b)
a description of | 17 |
| the type of communication sought to be monitored; (c) the
| 18 |
| identity of the party to the expected conversation consenting
| 19 |
| to the use of an eavesdropping device; (d) the identity of
the | 20 |
| person, if known, whose conversations are to be overheard by
| 21 |
| the eavesdropping device;
| 22 |
| (3) a statement of the period of time for which
the use of | 23 |
| the device is to be maintained or, if the
nature of the | 24 |
| investigation is such that the authorization for
use of the | 25 |
| device should not terminate automatically when the
described | 26 |
| type of communication is overheard or recorded, a
description |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| of facts establishing reasonable cause to
believe that | 2 |
| additional conversations of the same type will
occur | 3 |
| thereafter ;
| 4 |
| (4) a statement of the existence of all
previous | 5 |
| applications known to the individual making the
application | 6 |
| which have been made to any judge requesting permission
to use | 7 |
| an eavesdropping device involving the same
persons in the | 8 |
| present application, and the
action taken by the judge on the | 9 |
| previous applications . ;
| 10 |
| (5) when the application is for an extension of an
order, a | 11 |
| statement setting forth the results so far obtained
from the | 12 |
| use of the eavesdropping device or an explanation of
the | 13 |
| failure to obtain such results.
| 14 |
| (b) The judge may request the applicant to furnish | 15 |
| additional
testimony, witnesses, or evidence in support of the | 16 |
| application.
| 17 |
| (Source: P.A. 86-391.)
| 18 |
| (725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4)
| 19 |
| Sec. 108A-4. Grounds for Approval or Authorization. The | 20 |
| judge may authorize or
approve the use of the eavesdropping | 21 |
| device where it is found that:
| 22 |
| (a) one party to the conversation has or will have | 23 |
| consented
to the use of the device;
| 24 |
| (b) the use of the device is relevant to an ongoing felony | 25 |
| investigation or otherwise facilitates the safety of any person |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| conducting or assisting in such felony investigation; and there | 2 |
| is reasonable cause for believing that an individual
is | 3 |
| committing, has committed, or is about to commit a felony under | 4 |
| Illinois law;
| 5 |
| (c) there is reasonable cause for believing that particular
| 6 |
| conversations concerning that felony offense will be obtained
| 7 |
| through such use; and
| 8 |
| (c) (d) for any extension authorized, that further use of a
| 9 |
| device is warranted on similar grounds.
| 10 |
| (Source: P.A. 79-1159.)
| 11 |
| (725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5)
| 12 |
| Sec. 108A-5. Orders Authorizing Use of an Eavesdropping | 13 |
| Device.
| 14 |
| (a) Each order authorizing or approving the use of an
| 15 |
| eavesdropping device shall specify:
| 16 |
| (1) the identity of the person who has consented to the
| 17 |
| use of the device to monitor any of his conversations and a
| 18 |
| requirement that any conversation overheard or received | 19 |
| must
include this person;
| 20 |
| (2) the identity of the other person or persons, if | 21 |
| known,
who will participate in the conversation;
| 22 |
| (3) the period of time in which
the use of the device | 23 |
| is authorized , including a statement as to
whether or not | 24 |
| the use shall automatically terminate when the
described | 25 |
| conversations have been first obtained .
|
|
|
|
09600SB1013sam002 |
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|
| 1 |
| (b) No order entered under this section may authorize
or | 2 |
| approve the use of any eavesdropping device for any period | 3 |
| longer than
30 days. An
initial or a subsequent extension, in | 4 |
| no case for more than
30 days each, of an order may be granted | 5 |
| but only upon
application made in accordance with Section | 6 |
| 108A-3 and where
the court makes the findings required in | 7 |
| Section 108A-4.
| 8 |
| (Source: P.A. 92-413, eff. 8-17-01.)
| 9 |
| (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
| 10 |
| Sec. 108B-3. Authorization for the interception of private
| 11 |
| communication. | 12 |
| (a) The State's Attorney, or a person
designated in writing | 13 |
| or
by law to act for him and to perform his duties during his | 14 |
| absence or
disability, may authorize, in writing, an ex parte | 15 |
| application to the chief
judge of a court of competent | 16 |
| jurisdiction for an order authorizing the
interception of a | 17 |
| private communication when no
party has consented to
the | 18 |
| interception and (i) the interception may provide evidence of, | 19 |
| or may
assist in the apprehension of a person who has | 20 |
| committed, is committing or
is about to commit, a violation of | 21 |
| Section 8-1.1 (solicitation of murder),
8-1.2 (solicitation of | 22 |
| murder for hire), 9-1 (first degree murder), or 29B-1
(money | 23 |
| laundering) of the Criminal Code of 1961,
Section 401, 401.1 | 24 |
| (controlled substance
trafficking), 405, 405.1 (criminal drug | 25 |
| conspiracy) or 407 of the Illinois
Controlled Substances Act or |
|
|
|
09600SB1013sam002 |
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|
| 1 |
| any Section of the Methamphetamine Control and Community | 2 |
| Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
| 3 |
| 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), | 4 |
| 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of | 5 |
| the Criminal Code of 1961 , or an offense listed as predicate | 6 |
| activity under subsection 33G-3(c),
or conspiracy to commit | 7 |
| money laundering or
conspiracy to commit first degree murder; | 8 |
| (ii)
in response to a clear and present danger of imminent | 9 |
| death or great bodily
harm to persons resulting from: (1) a | 10 |
| kidnapping or the holding of a
hostage by force or the threat | 11 |
| of the imminent use of force; or (2) the
occupation by force or | 12 |
| the threat of the imminent use of force of any
premises, place, | 13 |
| vehicle, vessel or aircraft; (iii) to aid an investigation
or | 14 |
| prosecution of a civil action brought under the Illinois | 15 |
| Streetgang
Terrorism Omnibus Prevention Act when there is | 16 |
| probable cause to
believe the
interception of the private | 17 |
| communication will
provide evidence that a
streetgang is | 18 |
| committing, has committed, or will commit a second or | 19 |
| subsequent
gang-related offense or that the interception of the | 20 |
| private
communication
will aid in the collection of a judgment | 21 |
| entered under that Act; or (iv)
upon
information and belief | 22 |
| that a streetgang has committed, is committing, or is
about to | 23 |
| commit a felony.
| 24 |
| (b) The State's Attorney or a person designated in writing | 25 |
| or by law to
act for the State's Attorney and to perform his or | 26 |
| her duties during his or her
absence or disability, may |
|
|
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| 1 |
| authorize, in writing, an ex parte application to
the chief | 2 |
| judge of a circuit court for an order authorizing
the | 3 |
| interception of a private communication when no
party has | 4 |
| consented to the interception and the interception may provide
| 5 |
| evidence of, or may assist in the apprehension of a person who | 6 |
| has committed,
is committing or is about to commit, a violation | 7 |
| of an offense under Article
29D of the Criminal Code of 1961.
| 8 |
| (b-1) Subsection (b) is inoperative on and after January 1, | 9 |
| 2005.
| 10 |
| (b-2) No conversations recorded or monitored pursuant to | 11 |
| subsection (b)
shall be made inadmissible in a court of law by | 12 |
| virtue of subsection (b-1).
| 13 |
| (c) As used in this Section, "streetgang" and | 14 |
| "gang-related" have the
meanings ascribed to them in Section 10 | 15 |
| of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
| 16 |
| (Source: P.A. 94-468, eff. 8-4-05; 94-556, eff. 9-11-05; | 17 |
| 95-331, eff. 8-21-07.)
| 18 |
| Section 1-15. The Statewide Grand Jury Act is amended by | 19 |
| changing Section 3 as follows:
| 20 |
| (725 ILCS 215/3) (from Ch. 38, par. 1703)
| 21 |
| Sec. 3. Written application for the appointment of a | 22 |
| Circuit
Judge to convene and preside over a Statewide Grand | 23 |
| Jury, with jurisdiction
extending throughout the State, shall | 24 |
| be made to the Chief Justice of the
Supreme Court. Upon such |
|
|
|
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| 1 |
| written application, the Chief Justice of the
Supreme Court | 2 |
| shall appoint a Circuit Judge from the circuit where the
| 3 |
| Statewide Grand Jury is being sought to be convened, who shall | 4 |
| make a
determination that the convening of a Statewide Grand | 5 |
| Jury is necessary.
| 6 |
| In such application the Attorney General shall state that | 7 |
| the convening
of a Statewide Grand Jury is necessary because of | 8 |
| an alleged offense or
offenses set forth in this Section | 9 |
| involving more than one county of the
State and identifying any | 10 |
| such offense alleged; and
| 11 |
| (a) that he or she believes that the grand jury | 12 |
| function for the
investigation and indictment of the | 13 |
| offense or offenses cannot effectively be
performed by a | 14 |
| county grand jury together with the reasons for such
| 15 |
| belief, and
| 16 |
| (b)(1) that each State's Attorney with jurisdiction | 17 |
| over an offense
or offenses to be investigated has | 18 |
| consented to the impaneling of the
Statewide Grand | 19 |
| Jury, or
| 20 |
| (2) if one or more of the State's Attorneys having | 21 |
| jurisdiction over
an offense or offenses to be | 22 |
| investigated fails to consent to the impaneling
of the | 23 |
| Statewide Grand Jury, the Attorney General shall set | 24 |
| forth good cause
for impaneling the Statewide Grand | 25 |
| Jury.
| 26 |
| If the Circuit Judge determines that the convening of a |
|
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| 1 |
| Statewide Grand
Jury is necessary, he or she shall convene and | 2 |
| impanel the Statewide Grand
Jury with jurisdiction extending | 3 |
| throughout the State to investigate and
return indictments:
| 4 |
| (a) For violations of any of the following or for any | 5 |
| other criminal
offense committed in the course of violating | 6 |
| any of the following: Article
29D of the Criminal Code of | 7 |
| 1961, the
Illinois Controlled Substances Act, the Cannabis | 8 |
| Control Act, the Methamphetamine Control and Community | 9 |
| Protection Act, the Narcotics
Profit Forfeiture Act, or the | 10 |
| Cannabis and Controlled Substances Tax Act; a
streetgang | 11 |
| related felony offense; Section 24-2.1, 24-2.2, 24-3, | 12 |
| 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 13 |
| 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | 14 |
| 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a | 15 |
| money
laundering offense; or any violation of the | 16 |
| Corruption Influenced and Criminal Organizations Law; | 17 |
| provided that the violation or offense involves acts
| 18 |
| occurring in more than one county of this State; and
| 19 |
| (a-5) For violations facilitated by the use of a | 20 |
| computer, including
the use of the Internet, the World Wide | 21 |
| Web, electronic mail, message board,
newsgroup, or any | 22 |
| other commercial or noncommercial on-line service, of any | 23 |
| of
the following offenses: indecent solicitation of a | 24 |
| child, sexual exploitation
of a child, soliciting for a | 25 |
| juvenile prostitute, keeping a place of juvenile
| 26 |
| prostitution, juvenile pimping, or child pornography; and
|
|
|
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| 1 |
| (b) For the offenses of perjury, subornation of | 2 |
| perjury, communicating
with jurors and witnesses, and | 3 |
| harassment of jurors and witnesses, as they
relate to | 4 |
| matters before the Statewide Grand Jury.
| 5 |
| "Streetgang related" has the meaning ascribed to it in | 6 |
| Section 10 of the
Illinois Streetgang Terrorism Omnibus | 7 |
| Prevention Act.
| 8 |
| Upon written application by the Attorney General for the | 9 |
| convening of an
additional Statewide Grand Jury, the Chief | 10 |
| Justice of the Supreme Court shall
appoint a Circuit Judge from | 11 |
| the circuit for which the additional Statewide
Grand Jury is | 12 |
| sought. The Circuit Judge shall determine the necessity for
an | 13 |
| additional Statewide Grand Jury in accordance with the | 14 |
| provisions of this
Section. No more than 2 Statewide Grand | 15 |
| Juries may be empaneled at any time.
| 16 |
| (Source: P.A. 94-556, eff. 9-11-05.)".
|
|