State of Illinois
92^nd General Assembly
Legislation

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92_HB2299sam002











                                           LRB9205089RCcdam03

 1                    AMENDMENT TO HOUSE BILL 2299

 2        AMENDMENT NO.     .  Amend House Bill 2299,  AS  AMENDED,
 3    with  page and line number references to Senate Amendment No.
 4    1, on page 16, by inserting  between  lines  21  and  22  the
 5    following:

 6        "This  subsection  (g-5)  is  inoperative  on  and  after
 7    January 1, 2005."; and

 8    on  page  23,  by  inserting  between  lines  10  and  11 the
 9    following:

10        ""Substantial damage" means monetary damage greater  than
11    $100,000."; and

12    on page 23, by replacing line 12 with the following:

13    "that is intended to cause or create a risk and does cause or
14    create a risk of death or great bodily harm"; and

15    on  page  26,  line  16,  by  inserting  "and  intends" after
16    "knows"; and

17    on page 26, line 17, by inserting "in  the  commission  of  a
18    terrorist  act  as  defined  in  Section 29D-10 of this Code"
19    after "used"; and

20    on page 27, line 9,  by  inserting  "as  defined  in  Section
 
                            -2-            LRB9205089RCcdam03
 1    29D-10" after "act"; and

 2    on  page  27,  line  24,  by inserting "as defined in Section
 3    29D-10" after "act"; and

 4    on page 28, line 6, by replacing "an act of  terrorism"  with
 5    the following:

 6    "a  terrorist act as defined in Section 29D-10 of this Code";
 7    and

 8    on page 28, line 9, by replacing "an act of  terrorism"  with
 9    the following:

10    "a  terrorist act as defined in Section 29D-10 of this Code";
11    and

12    on page 28,  line  17,  by  inserting  after  "sentence"  the
13    following:

14    "in the event the death penalty is not imposed"; and

15    on page 29, by deleting lines 12 through 31; and

16    on page 30, by deleting lines 1 through 11; and

17    on  page  30,  line  20,  by  replacing "Seizure" with "Asset
18    freeze, seizure,"; and

19    on page 30, line  21,  by  replacing  "Seizure"  with  "Asset
20    freeze, seizure,"; and

21    on page 30, line 21, by deleting "of property used"; and

22    on  page  30,  by  replacing  lines  23  through  32 with the
23    following:
24             "(1)  Whenever it appears  that  there  is  probable
25        cause to believe that any person used, is using, is about
26        to  use,  or is intending to use property in any way that
27        constitutes or  would  constitute  a  violation  of  this
28        Article, the Attorney General or any State's Attorney may
 
                            -3-            LRB9205089RCcdam03
 1        make  an  ex  parte  application  to the circuit court to
 2        freeze or seize all the assets of that person and, upon a
 3        showing of probable cause in the ex  parte  hearing,  the
 4        circuit court shall issue an order to freeze or seize all
 5        assets  of  that  person.  A  copy of the freeze or seize
 6        order shall be served upon the person whose  assets  have
 7        been  frozen  or  seized and that person may, at any time
 8        within 30 days of service, file a motion to  release  his
 9        or  her  assets. In any proceeding to release assets, the
10        burden of proof shall be by a preponderance  of  evidence
11        and  shall  be on the State to show that the person used,
12        was using, is about to use, or is intending  to  use  any
13        property  in any way that constitutes or would constitute
14        a violation of this Article. If the court finds that  any
15        property  was  being  used,  is  about  to be used, or is
16        intended to be used in violation of or in  any  way  that
17        would  constitute  a violation of this Article, the court
18        shall order the property frozen  or  held  until  further
19        order  of  the  court.  Any  property  so ordered held or
20        frozen shall be subject to forfeiture under the following
21        procedure."; and

22    on page 31, line 1, by  inserting  "or  asset  freeze"  after
23    "seizure"; and

24    on  page 31, line 3, by inserting "or frozen" after "seized";
25    and

26    on page 31, line 14, by inserting "or frozen" after "seized";
27    and

28    on page 31, line 22, by inserting "or frozen" after "seized";
29    and

30    on page 31, line 27, by inserting "or frozen" after "seized";
31    and
 
                            -4-            LRB9205089RCcdam03
 1    on page 32, line 5, by  inserting  "or  asset  freeze"  after
 2    "seizure"; and

 3    on  page  39,  by  inserting  between  lines  9  and  10  the
 4    following:
 5             "(8)  This  subsection  (b)  is  inoperative  on and
 6        after January 1, 2005."; and

 7    on page 46, lines 5 and 6, by replacing "shall cease to  have
 8    effect  on  December  31"  with  "is inoperative on and after
 9    January 1".

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