State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0854

HB2058 Enrolled                                LRB9201006ARsb

    AN ACT in relation to terrorism.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5. The Solicitation for Charity Act is amended by
adding Section 16.5 as follows:

    (225 ILCS 460/16.5 new)
    Sec. 16.5. Terrorist acts.
    (a)  Any  person  or organization subject to registration
under this Act, who knowingly acts to  further,  directly  or
indirectly, or knowingly uses charitable assets to conduct or
further,  directly  or  indirectly,  an act or actions as set
forth in Article 29D of the Criminal Code of 1961, is thereby
engaged in an act or actions contrary to  public  policy  and
antithetical  to  charity,  and all of the funds, assets, and
records of the person or organization  shall  be  subject  to
temporary  and  permanent  injunction from use or expenditure
and the appointment of a temporary and permanent receiver  to
take possession of all of the assets and related records.
    (b)  An  ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a violation
of this Section or Article 29D of the Criminal Code of  1961,
an  immediate  seizure  of  books and records by the Attorney
General by and through his or her assistants or investigators
or the Department of State Police and freezing of all  assets
shall  be  made  by  order  of a court to protect the public,
protect the assets, and allow a full review of the records.
    (c)  Upon a finding by a court after  a  hearing  that  a
person  or  organization has acted or is in violation of this
Section, the person  or  organization  shall  be  permanently
enjoined  from  soliciting   funds  from  the public, holding
charitable funds, or acting as a trustee or fiduciary  within
Illinois.  Upon  a  finding of violation all assets and funds
held by the person or organization shall be forfeited to  the
People  of  the State of Illinois or otherwise ordered by the
court to be accounted for and marshaled and then delivered to
charitable causes and uses within the State  of  Illinois  by
court order.
    (d)  A  determination  under  this Section may be made by
any court separate and apart from  any  criminal  proceedings
and   the   standard   of  proof  shall  be  that  for  civil
proceedings.
    (e)  Any knowing use of charitable assets to  conduct  or
further,  directly or indirectly, an act or actions set forth
in Article 29D of the Criminal Code of 1961 shall be a misuse
of charitable assets and breach of fiduciary duty relative to
all other Sections of this Act.

    Section 10.  The Firearm Owners Identification  Card  Act
is amended by changing Sections 4 and 8 as follows:

    (430 ILCS 65/4) (from Ch. 38, par. 83-4)
    Sec.   4.  (a)  Each  applicant  for  a  Firearm  Owner's
Identification Card must:
         (1)  Make application on blank  forms  prepared  and
    furnished at convenient locations throughout the State by
    the  Department  of State Police, or by electronic means,
    if and when made available by  the  Department  of  State
    Police; and
         (2)  Submit  evidence  to  the  Department  of State
    Police that:
              (i)  He or she is 21 years of age or  over,  or
         if he or she is under 21 years of age that he or she
         has  the  written  consent  of  his or her parent or
         legal guardian to possess and acquire  firearms  and
         firearm ammunition and that he or she has never been
         convicted  of  a  misdemeanor  other  than a traffic
         offense or adjudged delinquent,  provided,  however,
         that  such  parent  or  legal  guardian  is  not  an
         individual  prohibited from having a Firearm Owner's
         Identification Card and files an affidavit with  the
         Department  as  prescribed by the Department stating
         that he or she is not an individual prohibited  from
         having a Card;
              (ii)  He  or  she  has  not been convicted of a
         felony  under  the  laws  of  this  or   any   other
         jurisdiction;
              (iii)  He or she is not addicted to narcotics;
              (iv)  He  or  she  has  not been a patient in a
         mental institution within the past 5 years;
              (v)  He or she is not mentally retarded;
              (vi)  He  or  she  is  not  an  alien  who   is
         unlawfully  present  in  the United States under the
         laws of the United States;
              (vii)  He or she is not subject to an  existing
         order  of  protection  prohibiting  him  or her from
         possessing a firearm;
              (viii)  He or she has not been convicted within
         the past 5 years  of  battery,  assault,  aggravated
         assault,  violation  of an order of protection, or a
         substantially    similar    offense    in    another
         jurisdiction,  in  which  a  firearm  was  used   or
         possessed;
              (ix)  He  or  she  has  not  been  convicted of
         domestic battery or a substantially similar  offense
         in  another  jurisdiction  committed on or after the
         effective date of this amendatory Act of 1997; and
              (x)  He or she has not  been  convicted  within
         the   past   5   years  of  domestic  battery  or  a
         substantially    similar    offense    in    another
         jurisdiction committed before the effective date  of
         this amendatory Act of 1997; and
              (xi)  He  or  she  is not an alien who has been
         admitted to the United States under a  non-immigrant
         visa  (as that term is defined in Section 101(a)(26)
         of the Immigration and  Nationality  Act  (8  U.S.C.
         1101(a)(26))), or that he or she is an alien who has
         been  lawfully admitted to the United States under a
         non-immigrant visa if that alien is:
                   (1)  admitted to  the  United  States  for
              lawful hunting or sporting purposes;
                   (2)  an   official   representative  of  a
              foreign government who is:
                        (A) accredited to the  United  States
                   Government  or the Government's mission to
                   an international organization  having  its
                   headquarters in the United States; or
                        (B)  en  route  to  or  from  another
                   country to which that alien is accredited;
                   (3)  an  official  of a foreign government
              or distinguished foreign visitor who  has  been
              so designated by the Department of State;
                   (4)  a  foreign law enforcement officer of
              a  friendly  foreign  government  entering  the
              United States on official business; or
                   (5)  one who has received  a  waiver  from
              the  Attorney  General  of  the  United  States
              pursuant to 18 U.S.C. 922(y)(3); and
         (3)  Upon request by the Department of State Police,
    sign  a release on a form prescribed by the Department of
    State Police waiving any  right  to  confidentiality  and
    requesting  the  disclosure  to  the  Department of State
    Police of limited  mental  health  institution  admission
    information from another state, the District of Columbia,
    any  other  territory  of the United States, or a foreign
    nation concerning the applicant for the sole  purpose  of
    determining  whether the applicant is or was a patient in
    a mental health institution and disqualified  because  of
    that    status   from   receiving   a   Firearm   Owner's
    Identification Card.  No mental health care or  treatment
    records may be requested.  The information received shall
    be destroyed within one year of receipt.
    (a-5)  Each    applicant    for    a    Firearm   Owner's
Identification Card who is over the age of 18  shall  furnish
to  the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
    (b)  Each application form shall  include  the  following
statement  printed  in  bold  type:  "Warning: Entering false
information  on  an  application  for   a   Firearm   Owner's
Identification  Card  is  punishable  as  a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
    (c)  Upon such written consent, pursuant  to  Section  4,
paragraph  (a)  (2)  (i), the parent or legal guardian giving
the consent shall be liable for any  damages  resulting  from
the applicant's use of firearms or firearm ammunition.
(Source:  P.A.  91-514,  eff.  1-1-00;  91-694, eff. 4-13-00;
92-442, eff. 8-17-01.)

    (430 ILCS 65/8) (from Ch. 38, par. 83-8)
    Sec. 8.  The Department of State Police has authority  to
deny  an  application  for  or  to revoke and seize a Firearm
Owner's Identification Card previously issued under this  Act
only if the Department finds that the applicant or the person
to  whom  such  card  was  issued  is  or  was at the time of
issuance:
    (a)  A  person  under  21  years  of  age  who  has  been
convicted of a misdemeanor other than a  traffic  offense  or
adjudged delinquent;
    (b)  A person under 21 years of age who does not have the
written  consent  of  his  parent  or guardian to acquire and
possess firearms and firearm ammunition, or whose  parent  or
guardian  has  revoked  such  written  consent, or where such
parent or guardian does not qualify to have a Firearm Owner's
Identification Card;
    (c)  A person convicted of a felony  under  the  laws  of
this or any other jurisdiction;
    (d)  A person addicted to narcotics;
    (e)  A  person  who  has  been  a  patient  of  a  mental
institution within the past 5 years;
    (f)  A  person whose mental condition is of such a nature
that it poses a clear and present danger  to  the  applicant,
any other person or persons or the community;
    For  the  purposes  of  this  Section, "mental condition"
means a  state  of  mind  manifested  by  violent,  suicidal,
threatening or assaultive behavior.
    (g)  A person who is mentally retarded;
    (h)  A  person  who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
    (i)  An alien who is unlawfully  present  in  the  United
States under the laws of the United States;
    (i-5)  An  alien  who  has  been  admitted  to the United
States under a non-immigrant visa (as that term is defined in
Section 101(a)(26) of the Immigration and Nationality Act  (8
U.S.C.  1101(a)(26))), except that this subsection (i-5) does
not apply to any alien who has been lawfully admitted to  the
United States under a non-immigrant visa if that alien is:
         (1)  admitted   to  the  United  States  for  lawful
    hunting or sporting purposes;
         (2)  an  official  representative   of   a   foreign
    government who is:
              (A)  accredited to the United States Government
         or  the  Government's  mission  to  an international
         organization having its headquarters in  the  United
         States; or
              (B)  en  route  to  or  from another country to
         which that alien is accredited;
         (3)  an  official  of  a   foreign   government   or
    distinguished  foreign visitor who has been so designated
    by the Department of State;
         (4)  a foreign law enforcement officer of a friendly
    foreign government entering the United States on official
    business; or
         (5)  one who has received a waiver from the Attorney
    General of  the  United  States  pursuant  to  18  U.S.C.
    922(y)(3);
    (j)  A  person  who  is  subject  to an existing order of
protection prohibiting him or her from possessing a firearm;
    (k)  A person who has been convicted within  the  past  5
years  of  battery, assault, aggravated assault, violation of
an order of protection, or a substantially similar offense in
another  jurisdiction,  in  which  a  firearm  was  used   or
possessed;
    (l)  A  person who has been convicted of domestic battery
or a substantially similar offense  in  another  jurisdiction
committed on or after January 1, 1998;
    (m)  A  person  who  has been convicted within the past 5
years of domestic battery or a substantially similar  offense
in another jurisdiction committed before January 1, 1998; or
    (n)   A  person  who  is  prohibited  from  acquiring  or
possessing  firearms  or  firearm  ammunition by any Illinois
State statute or by federal law.
(Source: P.A.  90-130,  eff.  1-1-98;  90-493,  eff.  1-1-98;
90-655, eff. 7-30-98; 91-694, eff. 4-13-00.)

    Section  15.   The  Criminal  Code  of 1961 is amended by
changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D
as follows:

    (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
    (a)  A person who  kills  an  individual  without  lawful
justification  commits  first degree murder if, in performing
the acts which cause the death:
         (1)  he either intends to kill or  do  great  bodily
    harm  to  that  individual or another, or knows that such
    acts will cause death to that individual or another; or
         (2)  he  knows  that  such  acts  create  a   strong
    probability  of  death  or  great  bodily  harm  to  that
    individual or another; or
         (3)  he  is  attempting  or  committing  a  forcible
    felony other than second degree murder.
    (b)  Aggravating Factors.  A defendant who at the time of
the  commission  of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
         (1)  the murdered individual was a peace officer  or
    fireman  killed  in the course of performing his official
    duties,  to  prevent  the  performance  of  his  official
    duties, or in retaliation  for  performing  his  official
    duties,  and the defendant knew or should have known that
    the murdered individual was a peace officer  or  fireman;
    or
         (2)  the  murdered  individual was an employee of an
    institution or facility of the Department of Corrections,
    or any similar local correctional agency, killed  in  the
    course  of performing his official duties, to prevent the
    performance of his official duties, or in retaliation for
    performing  his  official   duties,   or   the   murdered
    individual  was an inmate at such institution or facility
    and was killed on the grounds thereof,  or  the  murdered
    individual  was  otherwise present in such institution or
    facility with the knowledge and  approval  of  the  chief
    administrative officer thereof; or
         (3)  the  defendant  has been convicted of murdering
    two or more individuals  under  subsection  (a)  of  this
    Section  or  under any law of the United States or of any
    state which is substantially similar to subsection (a) of
    this Section regardless  of whether the  deaths  occurred
    as  the  result  of the same act or of several related or
    unrelated acts so long as the deaths were the  result  of
    either  an  intent  to  kill  more  than one person or of
    separate acts which the defendant knew would cause  death
    or  create  a strong probability of death or great bodily
    harm to the murdered individual or another; or
         (4)  the murdered individual was killed as a  result
    of  the  hijacking  of  an  airplane, train, ship, bus or
    other public conveyance; or
         (5)  the defendant committed the murder pursuant  to
    a contract, agreement or understanding by which he was to
    receive   money  or  anything  of  value  in  return  for
    committing the murder or procured another to  commit  the
    murder for money or anything of value; or
         (6)  the  murdered  individual  was  killed  in  the
    course of another felony if:
              (a)  the murdered individual:
                   (i)  was actually killed by the defendant,
              or
                   (ii)  received      physical      injuries
              personally    inflicted    by   the   defendant
              substantially contemporaneously  with  physical
              injuries  caused  by  one  or  more persons for
              whose  conduct   the   defendant   is   legally
              accountable under Section 5-2 of this Code, and
              the  physical  injuries inflicted by either the
              defendant or the other person  or  persons  for
              whose  conduct he is legally accountable caused
              the death of the murdered individual; and
              (b)  in performing the acts  which  caused  the
         death  of  the murdered individual or which resulted
         in physical injuries  personally  inflicted  by  the
         defendant  on  the  murdered  individual  under  the
         circumstances  of  subdivision  (ii) of subparagraph
         (a) of paragraph  (6)  of  subsection  (b)  of  this
         Section, the defendant acted with the intent to kill
         the  murdered  individual or with the knowledge that
         his acts created a strong probability  of  death  or
         great  bodily  harm  to  the  murdered individual or
         another; and
              (c)  the other felony was one of the following:
         armed robbery, armed  violence,  robbery,  predatory
         criminal  sexual  assault  of  a  child,  aggravated
         criminal   sexual  assault,  aggravated  kidnapping,
         aggravated vehicular hijacking, forcible  detention,
         arson,   aggravated   arson,   aggravated  stalking,
         burglary,  residential  burglary,   home   invasion,
         calculated  criminal  drug  conspiracy as defined in
         Section 405 of the  Illinois  Controlled  Substances
         Act,  streetgang criminal drug conspiracy as defined
         in  Section  405.2  of   the   Illinois   Controlled
         Substances  Act, or the attempt to commit any of the
         felonies listed in this subsection (c); or
         (7)  the murdered individual was under 12  years  of
    age  and  the death resulted from exceptionally brutal or
    heinous behavior indicative of wanton cruelty; or
         (8)  the defendant committed the murder with  intent
    to prevent the murdered individual from testifying in any
    criminal prosecution or giving material assistance to the
    State in any investigation or prosecution, either against
    the  defendant or another; or the defendant committed the
    murder because the murdered individual was a  witness  in
    any  prosecution or gave material assistance to the State
    in any investigation or prosecution, either  against  the
    defendant or another; or
         (9)  the  defendant,  while  committing  an  offense
    punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
    407 or 407.1 or subsection (b)  of  Section  404  of  the
    Illinois Controlled Substances Act, or while engaged in a
    conspiracy   or  solicitation  to  commit  such  offense,
    intentionally  killed   an   individual   or   counseled,
    commanded,  induced,  procured  or caused the intentional
    killing of the murdered individual; or
         (10)  the   defendant   was   incarcerated   in   an
    institution or facility of the Department of  Corrections
    at  the  time  of  the  murder,  and  while committing an
    offense punishable as a felony  under  Illinois  law,  or
    while  engaged  in a conspiracy or solicitation to commit
    such  offense,  intentionally  killed  an  individual  or
    counseled, commanded, induced,  procured  or  caused  the
    intentional killing of the murdered individual; or
         (11)  the murder was committed in a cold, calculated
    and  premeditated manner pursuant to a preconceived plan,
    scheme or design to take a human life by unlawful  means,
    and  the  conduct  of  the defendant created a reasonable
    expectation that the death of a human being would  result
    therefrom; or
         (12)  the   murdered  individual  was  an  emergency
    medical  technician  -   ambulance,   emergency   medical
    technician - intermediate, emergency medical technician -
    paramedic,  ambulance driver, or other medical assistance
    or first aid personnel, employed  by  a  municipality  or
    other   governmental   unit,  killed  in  the  course  of
    performing  his   official   duties,   to   prevent   the
    performance of his official duties, or in retaliation for
    performing his official duties, and the defendant knew or
    should  have  known  that  the murdered individual was an
    emergency  medical  technician  -  ambulance,   emergency
    medical  technician  -  intermediate,  emergency  medical
    technician   -  paramedic,  ambulance  driver,  or  other
    medical assistance or first aid personnel; or
         (13)  the defendant was a  principal  administrator,
    organizer,  or  leader  of  a  calculated  criminal  drug
    conspiracy  consisting  of  a  hierarchical  position  of
    authority  superior  to  that of all other members of the
    conspiracy,  and  the  defendant  counseled,   commanded,
    induced,  procured,  or caused the intentional killing of
    the murdered person; or
         (14)  the murder was intentional  and  involved  the
    infliction  of  torture.  For the purpose of this Section
    torture means the infliction of or subjection to  extreme
    physical  pain,  motivated  by  an  intent to increase or
    prolong the pain, suffering or agony of the victim; or
         (15)  the murder was committed as a  result  of  the
    intentional  discharge of a firearm by the defendant from
    a motor vehicle and the victim was not present within the
    motor vehicle; or
         (16)  the murdered individual was 60 years of age or
    older and the death resulted from exceptionally brutal or
    heinous behavior indicative of wanton cruelty; or
         (17)  the murdered individual was a disabled  person
    and  the  defendant  knew  or  should have known that the
    murdered individual was disabled.  For purposes  of  this
    paragraph  (17),  "disabled  person"  means  a person who
    suffers from a permanent physical  or  mental  impairment
    resulting from disease, an injury, a functional disorder,
    or   a  congenital  condition  that  renders  the  person
    incapable of adequately providing  for  his  or  her  own
    health or personal care; or
         (18)  the  murder  was  committed  by  reason of any
    person's activity as a community policing volunteer or to
    prevent  any  person  from  engaging  in  activity  as  a
    community policing volunteer; or
         (19)  the murdered  individual  was  subject  to  an
    order  of  protection  and  the murder was committed by a
    person against whom the  same  order  of  protection  was
    issued  under the Illinois Domestic Violence Act of 1986;
    or
         (20)  the  murdered  individual  was  known  by  the
    defendant to be a teacher or other person employed in any
    school and the teacher or  other  employee  is  upon  the
    grounds  of  a school or grounds adjacent to a school, or
    is in any part of a building used  for  school  purposes;
    or.
         (21)  the  murder  was committed by the defendant in
    connection  with  or  as  a  result  of  the  offense  of
    terrorism as defined in Section 29D-30 of this Code.
      (c)  Consideration  of  factors  in   Aggravation   and
Mitigation.
    The  court  shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty.  Aggravating
factors may include but need not be limited to those  factors
set  forth  in subsection (b). Mitigating factors may include
but need not be limited to the following:
         (1)  the defendant has  no  significant  history  of
    prior criminal activity;
         (2)  the  murder  was  committed while the defendant
    was under the influence of extreme  mental  or  emotional
    disturbance, although not such as to constitute a defense
    to prosecution;
         (3)  the  murdered  individual  was a participant in
    the defendant's homicidal conduct  or  consented  to  the
    homicidal act;
         (4)  the  defendant  acted  under  the compulsion of
    threat or menace of the imminent infliction of  death  or
    great bodily harm;
         (5)  the defendant was not personally present during
    commission of the act or acts causing death.
    (d)  Separate sentencing hearing.
    Where  requested  by the State, the court shall conduct a
separate sentencing proceeding to determine the existence  of
factors  set  forth  in  subsection  (b)  and to consider any
aggravating or mitigating factors as indicated in  subsection
(c).  The proceeding shall be conducted:
         (1)  before the jury that determined the defendant's
    guilt; or
         (2)  before a jury impanelled for the purpose of the
    proceeding if:
              A.  the  defendant was convicted upon a plea of
         guilty; or
              B.  the defendant was convicted after  a  trial
         before the court sitting without a jury; or
              C.  the  court  for good cause shown discharges
         the jury that determined the defendant's guilt; or
         (3)  before the court alone if the defendant  waives
    a jury for the separate proceeding.
    (e)  Evidence and Argument.
    During  the proceeding any information relevant to any of
the factors set forth in subsection (b) may be  presented  by
either  the  State or the defendant under the rules governing
the  admission  of  evidence   at   criminal   trials.    Any
information relevant to any additional aggravating factors or
any  mitigating  factors  indicated  in subsection (c) may be
presented  by  the  State  or  defendant  regardless  of  its
admissibility under the  rules  governing  the  admission  of
evidence  at  criminal  trials.  The  State and the defendant
shall be given fair  opportunity  to  rebut  any  information
received at the hearing.
    (f)  Proof.
    The  burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is  on  the  State
and  shall  not  be  satisfied  unless  established  beyond a
reasonable doubt.
    (g)  Procedure - Jury.
    If at the separate sentencing proceeding the  jury  finds
that  none of the factors set forth in subsection (b) exists,
the  court  shall  sentence  the  defendant  to  a  term   of
imprisonment   under   Chapter  V  of  the  Unified  Code  of
Corrections.  If there is a unanimous  finding  by  the  jury
that  one  or more of the factors set forth in subsection (b)
exist, the jury shall  consider  aggravating  and  mitigating
factors  as  instructed  by  the  court  and  shall determine
whether the sentence of death shall be imposed.  If the  jury
determines  unanimously  that there are no mitigating factors
sufficient to preclude the imposition of the death  sentence,
the court shall sentence the defendant to death.
    Unless  the  jury  unanimously  finds  that  there are no
mitigating factors sufficient to preclude the  imposition  of
the  death sentence the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
    (h)  Procedure - No Jury.
    In a proceeding before the  court  alone,  if  the  court
finds  that  none  of  the  factors  found  in subsection (b)
exists, the court shall sentence the defendant to a  term  of
imprisonment   under  Chapter  V  of   the  Unified  Code  of
Corrections.
    If the Court determines that one or more of  the  factors
set  forth in subsection (b) exists, the Court shall consider
any  aggravating  and  mitigating  factors  as  indicated  in
subsection (c).  If the Court determines that  there  are  no
mitigating  factors  sufficient to preclude the imposition of
the death sentence, the Court shall sentence the defendant to
death.
    Unless the court  finds  that  there  are  no  mitigating
factors sufficient to preclude the imposition of the sentence
of death, the court shall sentence the defendant to a term of
imprisonment   under   Chapter  V  of  the  Unified  Code  of
Corrections.
    (i)  Appellate Procedure.
    The conviction and sentence of death shall be subject  to
automatic  review by the Supreme Court.  Such review shall be
in accordance with rules promulgated by the Supreme Court.
    (j)  Disposition of reversed death sentence.
    In the event that the death penalty in this Act  is  held
to  be  unconstitutional  by  the Supreme Court of the United
States or of the State of Illinois, any person  convicted  of
first degree murder shall be sentenced by the court to a term
of  imprisonment  under  Chapter  V  of  the  Unified Code of
Corrections.
    In the event that any  death  sentence  pursuant  to  the
sentencing   provisions   of   this   Section   is   declared
unconstitutional by the Supreme Court of the United States or
of  the State of Illinois, the court having jurisdiction over
a person  previously  sentenced  to  death  shall  cause  the
defendant to be brought before the court, and the court shall
sentence the  defendant  to  a  term  of  imprisonment  under
Chapter V of the Unified Code of Corrections.
(Source: P.A.  90-213,  eff.  1-1-98;  90-651,  eff.  1-1-99;
90-668,  eff.  1-1-99;  91-357,  eff.  7-29-99;  91-434, eff.
1-1-00.)

    (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
    Sec. 14-3.  Exemptions.  The following  activities  shall
be exempt from the provisions of this Article:
    (a)  Listening   to   radio,   wireless   and  television
communications of any sort where the same are publicly made;
    (b)  Hearing conversation when heard by employees of  any
common  carrier  by  wire  incidental to the normal course of
their employment in the operation, maintenance or  repair  of
the  equipment  of  such common carrier by wire so long as no
information obtained thereby  is  used  or  divulged  by  the
hearer;
    (c)  Any  broadcast  by  radio,  television  or otherwise
whether it be a broadcast or  recorded  for  the  purpose  of
later  broadcasts  of  any  function  where  the public is in
attendance and the conversations are overheard incidental  to
the  main  purpose  for  which such broadcasts are then being
made;
    (d)  Recording or listening with the aid of any device to
any emergency communication made  in  the  normal  course  of
operations  by  any  federal,  state or local law enforcement
agency  or  institutions  dealing  in   emergency   services,
including,  but not limited to, hospitals, clinics, ambulance
services,  fire  fighting  agencies,  any   public   utility,
emergency  repair facility, civilian defense establishment or
military installation;
    (e)  Recording the proceedings of any meeting required to
be open by the Open Meetings Act, as amended;
    (f)  Recording or listening with the aid of any device to
incoming telephone calls of phone lines  publicly  listed  or
advertised   as   consumer  "hotlines"  by  manufacturers  or
retailers of food and drug products.  Such recordings must be
destroyed, erased or turned over  to  local  law  enforcement
authorities  within  24 hours from the time of such recording
and shall not be otherwise disseminated.  Failure on the part
of the individual or business operating any such recording or
listening device to comply  with  the  requirements  of  this
subsection  shall  eliminate  any  civil or criminal immunity
conferred upon that individual or business by  the  operation
of this Section;
    (g)  With  prior  notification to the State's Attorney of
the county in which it is to occur,  recording  or  listening
with  the  aid  of any device to any conversation where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a  party  to  the  conversation  and  has
consented   to   it   being  intercepted  or  recorded  under
circumstances where the use of the device  is  necessary  for
the  protection  of the law enforcement officer or any person
acting at the direction of law enforcement, in the course  of
an  investigation of a forcible felony, a felony violation of
the Illinois Controlled Substances Act, a felony violation of
the Cannabis Control Act,  or  any  "streetgang  related"  or
"gang-related"  felony  as  those  terms  are  defined in the
Illinois Streetgang Terrorism  Omnibus  Prevention  Act.  Any
recording or evidence derived as the result of this exemption
shall  be  inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the  conversation
suffers   great  bodily  injury  or  is  killed  during  such
conversation, or (ii) when used as direct  impeachment  of  a
witness  concerning  matters contained in the interception or
recording.  The Director of the Department  of  State  Police
shall  issue  regulations as are necessary concerning the use
of  devices,  retention  of  tape  recordings,  and   reports
regarding their use;
    (g-5)  With  approval  of  the  State's  Attorney  of the
county in which it is to occur, recording or  listening  with
the  aid  of  any  device  to  any  conversation  where a law
enforcement officer, or any person acting at the direction of
law enforcement, is a  party  to  the  conversation  and  has
consented  to  it being intercepted or recorded in the course
of an investigation of any offense defined in Article 29D  of
this  Code.  In  all  such cases, 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
such use.  In the absence of  such  an  order,  or  upon  its
denial,  any  continuing use shall immediately terminate. The
Director of State Police shall issue rules as  are  necessary
concerning  the use of devices, retention of tape recordings,
and reports regarding their use.
    Any recording or evidence  obtained  or  derived  in  the
course  of an investigation of any offense defined in Article
29D of this Code shall, upon motion of the  State's  Attorney
or Attorney General prosecuting any violation of Article 29D,
be  reviewed  in camera with notice to all parties present by
the court presiding over the criminal case, and, if ruled  by
the  court  to be relevant and otherwise admissible, it shall
be admissible at the trial of the criminal case.
    This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored  pursuant  to
this subsection (g-5) shall be inadmissable in a court of law
by  virtue  of the repeal of this subsection (g-5) on January
1, 2005.
    (h)  Recordings  made   simultaneously   with   a   video
recording  of  an  oral conversation between a peace officer,
who has identified his or her office, and  a  person  stopped
for an investigation of an offense under the Illinois Vehicle
Code;
    (i)  Recording  of  a  conversation  made  by  or  at the
request of a person, not a law enforcement officer  or  agent
of  a  law  enforcement  officer,  who  is  a  party  to  the
conversation,  under  reasonable suspicion that another party
to the conversation is committing, is about to commit, or has
committed a criminal offense against the person or  a  member
of  his  or  her  immediate household, and there is reason to
believe that evidence of the criminal offense may be obtained
by the recording; and
    (j)  The use of a telephone monitoring device  by  either
(1)  a  corporation  or  other  business  entity  engaged  in
marketing  or  opinion research or (2) a corporation or other
business entity engaged in telephone solicitation, as defined
in this subsection, to record or  listen  to  oral  telephone
solicitation  conversations  or marketing or opinion research
conversations by an employee  of  the  corporation  or  other
business entity when:
         (i)  the  monitoring  is  used  for  the  purpose of
    service quality control of marketing or opinion  research
    or  telephone  solicitation, the education or training of
    employees or contractors engaged in marketing or  opinion
    research  or telephone solicitation, or internal research
    related to marketing or  opinion  research  or  telephone
    solicitation; and
         (ii)  the  monitoring is used with the consent of at
    least one person who is an active party to the  marketing
    or    opinion    research   conversation   or   telephone
    solicitation conversation being monitored.
    No communication or conversation or any part, portion, or
aspect of the communication or conversation  made,  acquired,
or  obtained,  directly  or  indirectly, under this exemption
(j), may be, directly or indirectly,  furnished  to  any  law
enforcement  officer,  agency, or official for any purpose or
used in any inquiry or investigation, or  used,  directly  or
indirectly,   in   any  administrative,  judicial,  or  other
proceeding, or divulged to any third party.
    When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results  in  recording  or
listening to a conversation that does not relate to marketing
or  opinion  research  or  telephone solicitation; the person
recording or listening shall,  immediately  upon  determining
that the conversation does not relate to marketing or opinion
research  or  telephone solicitation, terminate the recording
or listening and destroy any such recording  as  soon  as  is
practicable.
    Business  entities  that  use  a  telephone monitoring or
telephone recording system pursuant  to  this  exemption  (j)
shall  provide  current and prospective employees with notice
that the monitoring or recordings may occur during the course
of their employment.   The  notice  shall  include  prominent
signage notification within the workplace.
    Business  entities  that  use  a  telephone monitoring or
telephone recording system pursuant  to  this  exemption  (j)
shall  provide  their  employees  or  agents  with  access to
personal-only telephone lines which may  be  pay  telephones,
that  are  not  subject  to telephone monitoring or telephone
recording.
    For the  purposes  of  this  subsection  (j),  "telephone
solicitation"  means  a  communication  through  the use of a
telephone by live operators:
         (i)  soliciting the sale of goods or services;
         (ii)  receiving orders for  the  sale  of  goods  or
    services;
         (iii)  assisting in the use of goods or services; or
         (iv)  engaging  in the solicitation, administration,
    or collection of bank or retail credit accounts.
    For the purposes of this subsection  (j),  "marketing  or
opinion  research"  means  a  marketing  or  opinion research
interview conducted by a live telephone  interviewer  engaged
by  a  corporation  or  other business entity whose principal
business is the design, conduct, and analysis  of  polls  and
surveys  measuring  the opinions, attitudes, and responses of
respondents  toward  products  and  services,  or  social  or
political issues, or both.
(Source: P.A. 91-357, eff. 7-29-99.)

    (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
    Sec. 29B-1.  (a) A person commits the  offense  of  money
laundering:
         (1)  when he knowingly engages or attempts to engage
    in a financial transaction in criminally derived property
    with  either the intent to promote the carrying on of the
    unlawful  activity  from  which  the  criminally  derived
    property was obtained or where  he  knows  or  reasonably
    should know that the financial transaction is designed in
    whole  or  in part to conceal or disguise the nature, the
    location, the source, the ownership or the control of the
    criminally derived property; or.
         (2)  when, with the intent to:
              (A)  promote the carrying  on  of  a  specified
         criminal activity as defined in this Article; or
              (B)  conceal  or disguise the nature, location,
         source, ownership, or control of  property  believed
         to  be the proceeds of a specified criminal activity
         as defined by subdivision (b) (6),
    he or she conducts or attempts  to  conduct  a  financial
    transaction  involving  property he or she believes to be
    the proceeds of specified criminal activity as defined by
    subdivision (b)  (6)  or  property  used  to  conduct  or
    facilitate  specified  criminal  activity  as  defined by
    subdivision (b) (6).
    (b)  As used in this Section:
         (1)  "Financial transaction" means a purchase, sale,
    loan,  pledge,  gift,   transfer,   delivery   or   other
    disposition  utilizing  criminally  derived property, and

    with  respect  to  financial  institutions,  includes   a
    deposit,  withdrawal, transfer between accounts, exchange
    of currency, loan, extension of credit, purchase or  sale
    of  any  stock,  bond,  certificate  of  deposit or other
    monetary instrument or any  other  payment,  transfer  or
    delivery  by, through, or to a financial institution. For
    purposes of clause  (a)(2)  of  this  Section,  the  term
    "financial  transaction"  also  means a transaction which
    without   regard   to   whether   the   funds,   monetary
    instruments, or real or personal property involved in the
    transaction are criminally derived, any transaction which
    in any way or degree: (1) involves the movement of  funds
    by  wire  or  any  other  means; (2) involves one or more
    monetary instruments; or (3) the transfer of title to any
    real or personal property. The receipt by an attorney  of
    bona fide fees for the purpose of legal representation is
    not a financial transaction for purposes of this Section.
         (2)  "Financial  institution" means any bank; saving
    and loan association; trust company; agency or branch  of
    a  foreign  bank in the United States; currency exchange;
    credit union, mortgage banking  institution;  pawnbroker;
    loan  or  finance  company;  operator  of  a  credit card
    system; issuer, redeemer or cashier of travelers  checks,
    checks or money orders; dealer in precious metals, stones
    or jewels; broker or dealer in securities or commodities;
    investment banker; or investment company.
         (3)  "Monetary instrument" means United States coins
    and  currency;  coins  and currency of a foreign country;
    travelers checks; personal checks, bank checks, and money
    orders;   investment   securities;   bearer    negotiable
    instruments;  bearer  investment  securities;  or  bearer
    securities  and  certificates  of stock in such form that
    title thereto passes upon delivery.
         (4)  "Criminally   derived   property"   means   any
    property constituting or derived from proceeds  obtained,
    directly  or  indirectly,  pursuant to a violation of the
    Criminal Code of 1961, the Illinois Controlled Substances
    Act or the Cannabis Control Act.
         (5)  "Conduct" or "conducts" includes,  in  addition
    to  its  ordinary  meaning,  initiating,  concluding,  or
    participating in initiating or concluding a transaction.
         (6)  "Specified   criminal   activity"   means   any
    violation  of  Section 20.5-5 (720 ILCS 5/20.5-5) and any
    violation of Article 29D of this Code.
    (c)  Sentence.
         (1)  Laundering of criminally derived property of  a
    value not exceeding $10,000 is a Class 3 felony;
         (2)  Laundering  of criminally derived property of a
    value exceeding $10,000 but not exceeding $100,000  is  a
    Class 2 felony;
         (3)  Laundering  of criminally derived property of a
    value exceeding $100,000 is a Class 1 felony;.
         (4)  Money laundering  in  violation  of  subsection
    (a)(2) of this Section is a Class X felony.
(Source: P.A. 88-258.)

    (720 ILCS 5/Article 29D heading new)
                   ARTICLE 29D. TERRORISM

    (720 ILCS 5/29D-5 new)
    Sec.   29D-5.   Legislative   findings.  The  devastating
consequences of the  barbaric  attacks  on  the  World  Trade
Center  and the Pentagon on September 11, 2001 underscore the
compelling need for legislation that is specifically designed
to combat the evils of terrorism.  Terrorism is  inconsistent
with civilized society and cannot be tolerated.
    A   comprehensive   State   law  is  urgently  needed  to
complement federal laws in the fight against terrorism and to
better  protect  all   citizens   against   terrorist   acts.
Accordingly,  the  legislature  finds  that  our laws must be
strengthened to ensure that terrorists, as well as those  who
solicit or provide financial and other support to terrorists,
are  prosecuted and punished in State courts with appropriate
severity. The legislature further finds that due to the grave
nature and global reach of terrorism that a comprehensive law
encompassing  State  criminal  statutes  and   strong   civil
remedies is needed.
    An  investigation  may  not be initiated or continued for
activities protected by the First  Amendment  to  the  United
States  Constitution, including expressions of support or the
provision of financial support for the nonviolent  political,
religious,  philosophical, or ideological goals or beliefs of
any person or group.

    (720 ILCS 5/29D-10 new)
    Sec. 29D-10. Definitions. As used in this Article,  where
not otherwise distinctly expressed or manifestly incompatible
with the intent of this Article:
    (a)  "Computer  network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to  transmit  data
among them through communication facilities.
    (b)  "Computer"  means  a device that accepts, processes,
stores, retrieves, or outputs data, and includes, but is  not
limited to, auxiliary storage and telecommunications devices.
    (c)  "Computer   program"   means   a   series  of  coded
instruction or statements in a form acceptable to a  computer
which  causes  the  computer  to  process data and supply the
results of data processing.
    (d)  "Data"   means   representations   of   information,
knowledge, facts, concepts or instructions, including program
documentation, that are prepared in a formalized  manner  and
are stored or processed in or transmitted by a computer. Data
may  be in any form, including but not limited to magnetic or
optical storage media, punch cards, or data stored internally
in the memory of a computer.
    (e)  "Biological products used in or in  connection  with
agricultural  production"  includes,  but  is not limited to,
seeds, plants, and DNA of plants or animals altered  for  use
in  crop  or  livestock  breeding  or production or which are
sold,  intended,  designed,  or  produced  for  use  in  crop
production or livestock breeding or production.
    (f)  "Agricultural products" means crops and livestock.
    (g)  "Agricultural production"  means  the  breeding  and
growing of livestock and crops.
    (h)  "Livestock"  means  animals bred or raised for human
consumption.
    (i)  "Crops"  means  plants   raised   for:   (1)   human
consumption,   (2)   fruits   that  are  intended  for  human
consumption, (3) consumption by  livestock,  and  (4)  fruits
that are intended for consumption by livestock.
    (j)  "Communications  systems" means any works, property,
or material of any radio, telegraph, telephone, microwave, or
cable line, station, or system.
    (k)  "Substantial damage" means monetary  damage  greater
than $100,000.
    (l)  "Terrorist act" or "act of terrorism" means: (1) any
act that is intended to cause or create a risk and does cause
or create a risk of death or great bodily harm to one or more
persons; (2) any act that disables or destroys the usefulness
or operation of any communications system; (3) any act or any
series of 2 or more acts committed in furtherance of a single
intention,  scheme,  or  design that disables or destroys the
usefulness or operation of  a  computer  network,  computers,
computer programs, or data used by any industry, by any class
of  business,  or  by  5 or more businesses or by the federal
government, State government, any unit of local government, a
public utility, a manufacturer of pharmaceuticals, a national
defense  contractor,  or  a  manufacturer  of   chemical   or
biological   products   used   in   or   in  connection  with
agricultural production; (4) any act that disables or  causes
substantial  damage  to  or  destruction  of any structure or
facility used in or used in connection with ground,  air,  or
water  transportation;  the  production  or  distribution  of
electricity, gas, oil, or other fuel; the treatment of sewage
or the treatment or distribution of water; or controlling the
flow   of  any  body  of  water;  (5)  any  act  that  causes
substantial damage to or destruction of livestock or to crops
or a series of 2 or more acts committed in furtherance  of  a
single  intention, scheme, or design which, in the aggregate,
causes substantial damage to or destruction of  livestock  or
crops;  (6)  any  act  that  causes  substantial damage to or
destruction of any hospital or any building or facility  used
by  the  federal  government,  State  government, any unit of
local government or by a national defense contractor or by  a
public   utility,   a   manufacturer  of  pharmaceuticals,  a
manufacturer of chemical or biological products used in or in
connection with agricultural production  or  the  storage  or
processing  of  agricultural  products  or the preparation of
agricultural products for food or food products intended  for
resale  or for feed for livestock; or (7) any act that causes
substantial damage to  any  building  containing  5  or  more
businesses of any type or to any building in which 10 or more
people reside.
    (m)  "Terrorist"  and  "terrorist organization" means any
person who engages or is about to engage in a  terrorist  act
with the intent to intimidate or coerce a significant portion
of a civilian population.
    (n)  "Material  support  or  resources" means currency or
other  financial  securities,  financial  services,  lodging,
training, safe houses, false documentation or identification,
communications   equipment,   facilities,   weapons,   lethal
substances, explosives, personnel, transportation, any  other
kind  of  physical  assets or intangible property, and expert
services or expert assistance.
    (o)  "Person" has the meaning given in  Section  2-15  of
this Code and, in addition to that meaning, includes, without
limitation, any charitable organization, whether incorporated
or unincorporated, any professional fund raiser, professional
solicitor,  limited  liability  company,  association,  joint
stock  company,  association, trust, trustee, or any group of
people formally or informally affiliated or associated for  a
common  purpose,  and any officer, director, partner, member,
or agent of any person.
    (p)  "Render criminal assistance" means to do any of  the
following  with  the  intent to prevent, hinder, or delay the
discovery or apprehension of, or the lodging  of  a  criminal
charge  against, a person who he or she knows or believes has
committed an offense under this Article or is being sought by
law enforcement officials for the commission  of  an  offense
under  this Article, or with the intent to assist a person in
profiting or benefiting from the  commission  of  an  offense
under this Article:
         (1)  harbor or conceal the person;
         (2)  warn  the  person  of  impending  discovery  or
    apprehension;
         (3)  provide  the person with money, transportation,
    a weapon, a disguise, false identification documents,  or
    any other means of avoiding discovery or apprehension;
         (4)  prevent   or   obstruct,  by  means  of  force,
    intimidation, or deception, anyone from performing an act
    that might aid in the discovery or  apprehension  of  the
    person or in the lodging of a criminal charge against the
    person;
         (5)  suppress,    by   any   act   of   concealment,
    alteration, or destruction, any  physical  evidence  that
    might  aid in the discovery or apprehension of the person
    or in the  lodging  of  a  criminal  charge  against  the
    person;
         (6)  aid  the  person  to  protect  or expeditiously
    profit from an advantage derived from the crime; or
         (7)  provide expert services or expert assistance to
    the  person.  Providing   expert   services   or   expert
    assistance  shall  not  be  construed  to apply to: (1) a
    licensed attorney who discusses with a client  the  legal
    consequences of a proposed course of conduct or advises a
    client  of  legal  or  constitutional  rights  and  (2) a
    licensed medical doctor who  provides  emergency  medical
    treatment  to  a  person  whom  he  or  she  believes has
    committed an offense under this Article if,  as  soon  as
    reasonably  practicable  either before or after providing
    such treatment, he or  she  notifies  a  law  enforcement
    agency.

    (720 ILCS 5/29D-15 new)
    Sec.  29D-15.  Soliciting material support for terrorism;
providing material support for a terrorist act.
    (a)  A person is guilty of  soliciting  material  support
for  terrorism  if  he  or she knowingly raises, solicits, or
collects material  support  or  resources  knowing  that  the
material  support  or  resources will be used, in whole or in
part, to plan, prepare, carry out, or avoid apprehension  for
committing  terrorism as defined in Section 29D-30 or causing
a  catastrophe  as  defined  in  Section  20.5-5  (720   ILCS
5/20.5-5)  of  this  Code,  or who knows and intends that the
material  support  or  resources  so  raised,  solicited,  or
collected will be used in the commission of a  terrorist  act
as   defined   in  Section  29D-10(1)  of  this  Code  by  an
organization designated under 8 U.S.C. 1189, as  amended.  It
is  not an element of the offense that the defendant actually
knows that an organization has been designated under 8 U.S.C.
1189, as amended.
    (b)  A person is guilty of providing material support for
terrorism if he or she knowingly provides material support or
resources to a person knowing that the person will  use  that
support  or  those  resources  in  whole  or in part to plan,
prepare, carry out, facilitate, or to avoid apprehension  for
committing terrorism as defined in Section 29D-30 or to cause
a   catastrophe  as  defined  in  Section  20.5-5  (720  ILCS
5/20.5-5) of this Code.
    (c)  Sentence. Soliciting material support for  terrorism
is a Class X felony for which the sentence shall be a term of
imprisonment  of  no  less  than  9 years and no more than 40
years.  Providing material support for a terrorist act  is  a
Class  X  felony  for  which  the sentence shall be a term of
imprisonment of no less than 9 years  and  no  more  than  40
years.

    (720 ILCS 5/29D-20 new)
    Sec. 29D-20. Making a terrorist threat.
    (a)  A  person  is  guilty  of  making a terrorist threat
when, with the intent to intimidate or coerce  a  significant
portion  of  a  civilian  population, he or she in any manner
knowingly threatens to  commit  or  threatens  to  cause  the
commission of a terrorist act as defined in Section 29D-10(1)
and  thereby  causes  a reasonable expectation or fear of the
imminent commission of a terrorist act as defined in  Section
29D-10(1)  or  of another terrorist act as defined in Section
29D-10(1).
    (b)  It is not a defense  to  a  prosecution  under  this
Section  that  at  the  time the defendant made the terrorist
threat, unknown to the defendant, it was impossible to  carry

out  the  threat, nor is it a defense that the threat was not
made to a person who was a subject or intended victim of  the
threatened act.
    (c)  Sentence.  Making  a  terrorist  threat is a Class X
felony.

    (720 ILCS 5/29D-25 new)
    Sec. 29D-25. Falsely making a terrorist threat.
    (a)  A person is guilty of  falsely  making  a  terrorist
threat  when in any manner he or she knowingly makes a threat
to commit or cause to be committed a terrorist act as defined
in Section  29D-10(1)  or  otherwise  knowingly  creates  the
impression  or  belief that a terrorist act is about to be or
has been committed, or in any manner knowingly makes a threat
to commit or cause to be committed a catastrophe  as  defined
in  Section  20.5-5 (720 ILCS 5/20.5-5) of this Code which he
or she knows is false.
    (b)  Sentence. Falsely making a  terrorist  threat  is  a
Class 1 felony.

    (720 ILCS 5/29D-30 new)
    Sec. 29D-30. Terrorism.
    (a)  A  person  is  guilty  of  terrorism  when, with the
intent to intimidate or coerce a  significant  portion  of  a
civilian population:
         (1)  he  or she knowingly commits a terrorist act as
    defined in Section 29D-10(1) of  this  Code  within  this
    State; or
         (2)  he  or she, while outside this State, knowingly
    commits a terrorist act as defined in  Section  29D-10(1)
    of  this  Code  that  takes  effect  within this State or
    produces  substantial  detrimental  effects  within  this
    State.
    (b)  Sentence. Terrorism is  a  Class  X  felony.  If  no
deaths are caused by the terrorist act, the sentence shall be
a  term of 20 years to natural life imprisonment; however, if
the terrorist act caused the death of one or more persons,  a
mandatory  term  of  natural  life  imprisonment shall be the
sentence in the event the death penalty is not imposed.

    (720 ILCS 5/29D-35 new)
    Sec. 29D-35. Hindering prosecution of terrorism.
    (a)  A person  is  guilty  of  hindering  prosecution  of
terrorism  when  he  or  she renders criminal assistance to a
person who has committed  terrorism  as  defined  in  Section
29D-30  or caused a catastrophe, as defined in Section 20.5-5
of this Code when he or she knows that the person to whom  he
or  she  rendered  criminal  assistance  engaged in an act of
terrorism or caused a catastrophe.
    (b)  Hindering prosecution of  terrorism  is  a  Class  X
felony, the sentence for which shall be a term of 20 years to
natural  life  imprisonment if no death was caused by the act
of terrorism committed by the person to  whom  the  defendant
rendered  criminal assistance and a mandatory term of natural
life imprisonment if death was caused by the act of terrorism
committed by  the  person  to  whom  the  defendant  rendered
criminal assistance.

    (720 ILCS 5/29D-40 new)
    Sec.  29D-40.  Restitution.  In  addition  to  any  other
penalty  that  may  be  imposed,  a  court shall sentence any
person convicted of any violation of this Article to pay  all
expenses   incurred   by   the   federal   government,  State
government, or any unit of local government in responding  to
any violation and cleaning up following any violation.

    (720 ILCS 5/29D-45 new)
    Sec.  29D-45.  Limitations. A prosecution for any offense
in this Article may be commenced at any time.

    (720 ILCS 5/29D-60 new)
    Sec. 29D-60. Injunctive relief. Whenever  it  appears  to
the  Attorney General or any State's Attorney that any person
is engaged in, or  is  about  to  engage  in,  any  act  that
constitutes  or would constitute a violation of this Article,
the Attorney General or any State's Attorney may  initiate  a
civil action in the circuit court to enjoin the violation.

    (720 ILCS 5/29D-65 new)
    Sec. 29D-65. Asset freeze, seizure, and forfeiture.
    (a)  Asset  freeze, seizure, and forfeiture in connection
with a violation of this Article.
         (1)  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  this
    Article, 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.  A  copy of the freeze or seize
    order shall be served upon the person whose  assets  have
    been  frozen  or  seized  and  that  person or any person
    claiming an interest in the property  may,  at  any  time
    within  30  days of service, file a motion to release his
    or her assets. Within 10 days that person is entitled  to
    a  hearing.  In  any  proceeding  to  release assets, the
    burden of proof shall be by a preponderance  of  evidence
    and  shall  be on the State to show that the person used,
    was using, is about to use, or is intending  to  use  any
    property  in any way that constitutes or would constitute
    a violation of this Article. If the court finds that  any
    property  was  being  used,  is  about  to be used, or is
    intended to be used in violation of or in  any  way  that
    would  constitute  a violation of this Article, the court
    shall order such property frozen or  held  until  further
    order  of  the  court.  Any  property  so ordered held or
    frozen shall be subject to forfeiture under the following
    procedure.  Upon the request of the defendant, the  court
    may  release  frozen  or  seized assets sufficient to pay
    attorney's fees for representation of the defendant at  a
    hearing conducted under this Section.
         (2)  If,  within  60 days after any seizure or asset
    freeze under subparagraph (1) of this Section,  a  person
    having  any  property  interest  in  the seized or frozen
    property is charged with  an  offense,  the  court  which
    renders  judgment  upon  the charge shall, within 30 days
    after the  judgment,  conduct  a  forfeiture  hearing  to
    determine  whether  the  property  was  used, about to be
    used, or intended to be used in violation of this Article
    or in connection with any violation of this  Article,  or
    was  integrally  related  to  any  violation  or intended
    violation of this Article. The hearing shall be commenced
    by a written petition by the  State,  including  material
    allegations of fact, the name and address of every person
    determined  by the State to have any property interest in
    the seized or  frozen  property,  a  representation  that
    written  notice  of  the  date,  time,  and  place of the
    hearing has been mailed to every such person by certified
    mail at least 10 days before the date, and a request  for
    forfeiture.  Every  such person may appear as a party and
    present evidence at the hearing.  The  quantum  of  proof
    required  shall be preponderance of the evidence, and the
    burden of proof shall be  on  the  State.  If  the  court
    determines  that  the seized or frozen property was used,
    about to be used, or intended to be used in violation  of
    this  Article or in connection with any violation of this
    Article, or was integrally related to  any  violation  or
    intended   violation   of   this  Article,  an  order  of
    forfeiture and disposition of the seized or frozen  money
    and property shall be entered. All property forfeited may
    be  liquidated  and the resultant money together with any
    money   forfeited   shall   be   allocated   among    the
    participating    law   enforcement   agencies   in   such
    proportions as may be determined to be equitable  by  the
    court entering the forfeiture order, any such property so
    forfeited  shall  be  received by the State's Attorney or
    Attorney General and upon liquidation shall be  allocated
    among  the participating law enforcement agencies in such
    proportions as may be determined equitable by  the  court
    entering the forfeiture order.
         (3)  If a seizure or asset freeze under subparagraph
    (1)  of  this  subsection (a) is not followed by a charge
    under this Article within 60 days, or if the  prosecution
    of  the  charge is permanently terminated or indefinitely
    discontinued without any  judgment  of  conviction  or  a
    judgment of acquittal is entered, the State's Attorney or
    Attorney  General  shall  immediately  commence an in rem
    proceeding for the forfeiture  of  any  seized  money  or
    other  things of value, or both, in the circuit court and
    any person having any property interest in the  money  or
    property  may  commence separate civil proceedings in the
    manner provided by law. Any property so  forfeited  shall
    be  allocated  among  the  participating  law enforcement
    agencies in such proportions as may be determined  to  be
    equitable by the court entering the forfeiture order.
    (b)  Forfeiture of property acquired in connection with a
violation of this Article.
         (1)  Any  person  who commits any offense under this
    Article shall forfeit, according  to  the  provisions  of
    this  Section,  any moneys, profits, or proceeds, and any
    interest  or  property  in  which  the  sentencing  court
    determines he or she has acquired or maintained, directly
    or indirectly, in whole or in part, as a  result  of,  or
    used, was about to be used, or was intended to be used in
    connection  with  the  offense.  The  person  shall  also
    forfeit  any  interest  in,  security,  claim against, or
    contractual right of any kind which affords the person  a
    source  of  influence over any enterprise which he or she
    has  established,  operated,  controlled,  conducted,  or
    participated in conducting, where his or her relationship
    to or connection with any such thing or activity directly
    or indirectly, in whole or in part, is traceable  to  any
    item  or benefit which he or she has obtained or acquired
    through an offense under this Article or which he or  she
    used, about to use, or intended to use in connection with
    any  offense  under  this Article.  Forfeiture under this
    Section may be pursued in  addition  to  or  in  lieu  of
    proceeding under subsection (a) of this Section.
         (2)  Proceedings  instituted  under  this subsection
    shall be subject to and conducted in accordance with  the
    following procedures:
              (A)  The  sentencing court shall, upon petition
         by  the  prosecuting  agency,  whether  it  is   the
         Attorney  General  or  the  State's Attorney, at any
         time following  sentencing,  conduct  a  hearing  to
         determine  whether any property or property interest
         is subject to forfeiture under this  subsection.  At
         the  forfeiture  hearing  the People of the State of
         Illinois shall have the burden of establishing, by a
         preponderance of the evidence, that the property  or
         property interests are subject to forfeiture.
              (B)  In any action brought by the People of the
         State  of  Illinois  under  this  Section, the court
         shall have jurisdiction to  enter  such  restraining
         orders,  injunctions,  or  prohibitions,  or to take
         such other  action  in  connection  with  any  real,
         personal,  or  mixed  property,  or  other interest,
         subject to forfeiture, as it shall consider proper.
              (C)  In any action brought by the People of the
         State of Illinois under this subsection in which any
         restraining order, injunction, or prohibition or any
         other action in  connection  with  any  property  or
         interest subject to forfeiture under this subsection
         is  sought,  the  circuit  court  presiding over the
         trial of  the  person  or  persons  charged  with  a
         violation  under  this Article shall first determine
         whether there is probable cause to believe that  the
         person  or  persons  so  charged  have  committed an
         offense under this Article and whether the  property
         or  interest  is  subject  to  forfeiture under this
         subsection. In order  to  make  this  determination,
         prior  to  entering  any such order, the court shall
         conduct a hearing without a jury in which the People
         shall establish: (i) probable cause that the  person
         or  persons  so  charged  have  committed an offense
         under this Article; and (ii) probable cause that any
         property or interest may be  subject  to  forfeiture
         under  this subsection. The hearing may be conducted
         simultaneously with a  preliminary  hearing  if  the
         prosecution  is  commenced  by  information,  or  by
         motion   of   the   People   at  any  stage  in  the
         proceedings.  The  court  may  enter  a  finding  of
         probable cause at a  preliminary  hearing  following
         the  filing  of  information charging a violation of
         this Article or the return of  an  indictment  by  a
         grand jury charging an offense under this Article as
         sufficient  probable  cause  for  purposes  of  this
         subsection.  Upon  such a finding, the circuit court
         shall enter such restraining order,  injunction,  or
         prohibition  or  shall  take  such  other  action in
         connection with any such property or other  interest
         subject  to  forfeiture  under this subsection as is
         necessary to ensure that the property is not removed
         from  the  jurisdiction  of  the  court,  concealed,
         destroyed, or otherwise disposed of by the owner  or
         holder  of  that  property  or  interest  prior to a
         forfeiture  hearing  under  this   subsection.   The
         Attorney  General  or  State's Attorney shall file a
         certified copy of the restraining order, injunction,
         or other prohibition with the recorder of  deeds  or
         registrar  of  titles  of each county where any such
         property of the defendant may be  located.  No  such
         injunction,  restraining order, or other prohibition
         shall affect the rights of any bona fide  purchaser,
         mortgagee,  judgment  creditor, or other lien holder
         arising prior to the date of such filing.  The court
         may, at any time,  upon  verified  petition  by  the
         defendant,  conduct  a  hearing  to  release  all or
         portions of any such property or interest which  the
         court   previously   determined  to  be  subject  to
         forfeiture or  subject  to  any  restraining  order,
         injunction,  prohibition, or other action. The court
         may release the property to the defendant  for  good
         cause  shown  and within the sound discretion of the
         court.
              (D)  Upon a conviction of a person  under  this
         Article,  the  court  shall  authorize  the Attorney
         General or State's Attorney to seize  and  sell  all
         property  or other interest declared forfeited under
         this Article, unless the property is required by law
         to be destroyed or is harmful  to  the  public.  The
         court  may  order  the  Attorney  General or State's
         Attorney to segregate funds from the proceeds of the
         sale  sufficient:  (1)  to  satisfy  any  order   of
         restitution,  as the court may deem appropriate; (2)
         to satisfy any legal right, title, or interest which
         the court deems superior to  any  right,  title,  or
         interest  of  the  defendant  at  the  time  of  the
         commission of the acts which gave rise to forfeiture
         under   this  subsection;  or  (3)  to  satisfy  any
         bona-fide purchaser for value of the  right,  title,
         or   interest   in  the  property  who  was  without
         reasonable notice that the property was  subject  to
         forfeiture.  Following  the  entry  of  an  order of
         forfeiture, the Attorney General or State's Attorney
         shall publish notice of the order  and  his  or  her
         intent  to  dispose  of the property. Within 30 days
         following the publication, any person  may  petition
         the  court  to adjudicate the validity of his or her
         alleged  interest  in  the   property.   After   the
         deduction    of    all    requisite    expenses   of
         administration and sale,  the  Attorney  General  or
         State's  Attorney  shall  distribute the proceeds of
         the sale, along with any moneys forfeited or seized,
         among participating law enforcement agencies in such
         equitable portions as the court shall determine.
              (E)  No judge shall  release  any  property  or
         money  seized  under  subdivision (A) or (B) for the
         payment of attorney's fees of any person claiming an
         interest in such money or property.
    (c)  Exemptions from forfeiture. A property  interest  is
exempt  from  forfeiture  under  this Section if its owner or
interest holder establishes by a  preponderance  of  evidence
that the owner or interest holder:
         (A)(i)  in  the  case  of  personal property, is not
    legally accountable for the conduct giving  rise  to  the
    forfeiture, did not acquiesce in it, and did not know and
    could  not  reasonably  have known of the conduct or that
    the conduct was likely to occur, or
         (ii)  in the case of real property, is  not  legally
    accountable   for   the   conduct   giving  rise  to  the
    forfeiture, or did not solicit, conspire, or  attempt  to
    commit the conduct giving rise to the forfeiture; and
         (B)  had  not  acquired and did not stand to acquire
    substantial proceeds from the conduct giving rise to  its
    forfeiture  other  than  as an interest holder in an arms
    length commercial transaction; and
         (C)  with respect to conveyances, did not  hold  the
    property jointly or in common with a person whose conduct
    gave rise to the forfeiture; and
         (D)  does  not  hold the property for the benefit of
    or as nominee for any person whose conduct gave  rise  to
    its  forfeiture,  and,  if  the  owner or interest holder
    acquired the interest through any such person, the  owner
    or  interest  holder acquired it as a bona fide purchaser
    for value without knowingly taking part  in  the  conduct
    giving rise to the forfeiture; and
         (E)  that  the owner or interest holder acquired the
    interest:
              (i)  before the  commencement  of  the  conduct
         giving  rise  to its forfeiture and the person whose
         conduct gave rise to its forfeiture did not have the
         authority to convey the  interest  to  a  bona  fide
         purchaser for value at the time of the conduct; or
              (ii)  after  the  commencement  of  the conduct
         giving rise to its  forfeiture,  and  the  owner  or
         interest   holder   acquired   the   interest  as  a
         mortgagee, secured creditor, lien  holder,  or  bona
         fide  purchaser  for  value without knowledge of the
         conduct which gave rise to the forfeiture; and
                   (a)  in the  case  of  personal  property,
              without   knowledge   of  the  seizure  of  the
              property for forfeiture; or
                   (b)  in the case of  real  estate,  before
              the  filing  in  the  office of the Recorder of
              Deeds of the county in which the real estate is
              located of a notice of seizure  for  forfeiture
              or a lis pendens notice.

    (720 ILCS 5/29D-70 new)
    Sec.  29D-70.  Severability.  If  any  clause,  sentence,
Section,   provision,   or   part  of  this  Article  or  the
application thereof to any person or  circumstance  shall  be
adjudged  to  be  unconstitutional,  the  remainder  of  this
Article  or its application to persons or circumstances other
than those to which it is held invalid, shall not be affected
thereby.

    Section 17.  The Boarding Aircraft  With  Weapon  Act  is
amended by changing Section 7 as follows:

    (720 ILCS 545/7) (from Ch. 38, par. 84-7)
    Sec.  7.  Sentence.  Violation  of  this Act is a Class 4
felony A misdemeanor.
(Source: P.A. 82-662.)

    Section 20.  The Code of Criminal Procedure  of  1963  is
amended  by  changing Sections 108-4, 108A-6, 108B-1, 108B-2,
108B-3, 108B-4,  108B-5,  108B-7,  108B-8,  108B-9,  108B-10,
108B-11,  108B-12, and 108B-14 and adding Section 108B-7.5 as
follows:
    (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
    Sec. 108-4. Issuance of search warrant.
    (a)  All warrants upon written complaint shall state  the
time  and  date  of issuance and be the warrants of the judge
issuing the same and not the warrants of the court  in  which
he  is  then sitting and such warrants need not bear the seal
of the court or clerk thereof. The  complaint  on  which  the
warrant  is  issued  need  not be filed with the clerk of the
court nor with the court if  there  is  no  clerk  until  the
warrant   has   been  executed  or  has  been  returned  "not
executed".
    The search warrant upon written complaint may  be  issued
electronically  or  electromagnetically by use of a facsimile
transmission machine and any such warrant shall have the same
validity as a written search warrant.
    (b)  Warrant upon oral testimony.
         (1)  General rule. When the  offense  in  connection
    with   which  a  search  warrant  is  sought  constitutes
    terrorism or any related offense as  defined  in  Article
    29D   of   the   Criminal   Code  of  1961,  and  if  the
    circumstances make it reasonable to dispense, in whole or
    in part, with a written affidavit, a judge  may  issue  a
    warrant   based  upon  sworn  testimony  communicated  by
    telephone or other appropriate means, including facsimile
    transmission.
         (2)  Application. The person who is  requesting  the
    warrant  shall  prepare  a  document  to  be  known  as a
    duplicate original warrant and shall read such  duplicate
    original warrant, verbatim, to the judge. The judge shall
    enter,  verbatim,  what  is  so  read  to  the judge on a
    document to be known as the original warrant.  The  judge
    may direct that the warrant be modified.
         (3)  Issuance.  If  the  judge is satisfied that the
    offense in connection with which the  search  warrant  is
    sought  constitutes  terrorism  or any related offense as
    defined in Article 29D of the Criminal Code of 1961, that
    the circumstances are such as to make  it  reasonable  to
    dispense  with  a written affidavit, and that grounds for
    the application exist or that there is probable cause  to
    believe  that  they  exist,  the  judge  shall  order the
    issuance of a warrant by directing the person  requesting
    the  warrant  to  sign  the judge's name on the duplicate
    original warrant. The judge shall  immediately  sign  the
    original  warrant  and  enter on the face of the original
    warrant the exact time when the warrant was ordered to be
    issued. The finding of probable cause for a warrant  upon
    oral  testimony may be based on the same kind of evidence
    as is sufficient for a warrant upon affidavit.
         (4)  Recording and certification of testimony.  When
    a  caller  informs the judge that the purpose of the call
    is to request a  warrant,  the  judge  shall  immediately
    place  under  oath  each  person  whose testimony forms a
    basis of the application and  each  person  applying  for
    that  warrant.  If a voice recording device is available,
    the judge shall record by means of the device all of  the
    call  after the caller informs the judge that the purpose
    of  the  call  is  to  request  a  warrant,  otherwise  a
    stenographic or longhand verbatim record shall  be  made.
    If  a  voice  recording  device is used or a stenographic
    record made, the judge shall have the record transcribed,
    shall certify the  accuracy  of  the  transcription,  and
    shall  file  a  copy  of  the  original  record  and  the
    transcription  with  the  court.  If  a longhand verbatim
    record is made, the judge shall file a signed  copy  with
    the court.
         (5)  Contents.  The  contents of a warrant upon oral
    testimony shall be the same as the contents of a  warrant
    upon affidavit.
         (6)  Additional  rule  for execution. The person who
    executes the  warrant  shall  enter  the  exact  time  of
    execution on the face of the duplicate original warrant.
         (7)  Motion to suppress based on failure to obtain a
    written  affidavit.    Evidence  obtained  pursuant  to a
    warrant issued under this subsection (b) is  not  subject
    to   a   motion  to  suppress  on  the  ground  that  the
    circumstances were not such as to make it  reasonable  to
    dispense  with  a  written affidavit, absent a finding of
    bad faith. All other grounds  to  move  to  suppress  are
    preserved.
         (8)  This subsection (b) is inoperative on and after
    January 1, 2005.
         (9) No evidence obtained pursuant to this subsection
    (b) shall be inadmissable in a court of law  by virtue of
    subdivision (8).

(Source: P.A. 87-523.)

    (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
    Sec.  108A-6.  Emergency  Exception  to  Procedures.  (a)
Notwithstanding  any  other  provisions  of this Article, any
investigative or law enforcement officer, upon approval of  a
State's  Attorney,  or  without it if a reasonable effort has
been made to contact the appropriate  State's  Attorney,  may
use  an  eavesdropping  device  in  an emergency situation as
defined in this Section.  Such use must be in accordance with
the provisions of this Section and may be allowed only  where
the  officer reasonably believes that an order permitting the
use of the device would issue were there a prior hearing.
    An emergency  situation  exists  when,  without  previous
notice  to  the  law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard  or
recorded will occur within a short period of time, the use of
the  device  is  necessary  for  the  protection  of  the law
enforcement officer or it will occur in a situation involving
a clear and present danger of imminent death or great  bodily
harm  to  persons  resulting  from:  (1)  a kidnapping or the
holding of a hostage by force or the threat of  the  imminent
use of force; or (2) the occupation by force or the threat of
the  imminent  use  of force of any premises, place, vehicle,
vessel or aircraft; or (3) any violation of Article 29D.
    (b)  In all such  cases,  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
such  use.   In  the  absence  of  such an order, or upon its
denial, any continuing use shall immediately terminate.
    In order to approve such emergency use,  the  judge  must
make  a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency  situation  as
defined in this Section.
    (c)  In  the event that an application for approval under
this Section is denied  the  contents  of  the  conversations
overheard  or  recorded  shall  be  treated  as  having  been
obtained in violation of this Article.
(Source: P.A. 86-763.)

    (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
    Sec.  108B-1.  Definitions.   For  the  purpose  of  this
Article:
    (a)  "Aggrieved person" means a person who was a party to
any  intercepted  private  wire  or oral communication or any
person against whom the intercept was directed.
    (b)  "Chief Judge"  means,  when  referring  to  a  judge
authorized  to  receive  application for, and to enter orders
authorizing, interceptions of  private  oral  communications,
the  Chief Judge of the Circuit Court wherein the application
for order of  interception  is  filed,  or  a  Circuit  Judge
designated  by  the  Chief  Judge  to  enter these orders. In
circuits other than the Cook County  Circuit,  "Chief  Judge"
also  means,  when referring to a judge authorized to receive
application   for,   and   to   enter   orders   authorizing,
interceptions of private oral  communications,  an  Associate
Judge  authorized  by  Supreme Court Rule to try felony cases
who is assigned by the Chief Judge  to  enter  these  orders.
After assignment by the Chief Judge, an Associate Judge shall
have  plenary  authority  to  issue orders without additional
authorization for each specific application made  to  him  by
the  State's  Attorney  until  the time the Associate Judge's
power is rescinded by the Chief Judge.
    (c)  "Communications common  carrier"  means  any  person
engaged  as  a common carrier for hire in the transmission of
communications  by  wire  or  radio,  not   including   radio
broadcasting.
    (d)  "Contents"  includes  information  obtained  from  a
private   oral   communication   concerning   the  existence,
substance, purport or meaning of the  communication,  or  the
identity of a party of the communication.
    (e)  "Court  of competent jurisdiction" means any circuit
court.
    (f)  "Department"  means  Illinois  Department  of  State
Police.
    (g)  "Director" means Director of the Illinois Department
of State Police.
    (g-1)  "Electronic communication" means any  transfer  of
signs,   signals,   writing,   images,   sounds,   data,   or
intelligence  of any nature transmitted in whole or part by a
wire,  radio,  pager,  computer,  or  electromagnetic,  photo
electronic, or photo optical system  where  the  sending  and
receiving  parties  intend the electronic communication to be
private and the interception, recording, or transcription  of
the electronic communication is accomplished by a device in a
surreptitious  manner  contrary  to  the  provisions  of this
Article.  "Electronic communication" does not include:
         (1)  any wire or oral communication; or
         (2)  any communication from a tracking device.
    (h)  "Electronic   criminal   surveillance   device"   or
"eavesdropping device" means  any  device  or  apparatus,  or
computer  program  including  an  induction coil, that can be
used to intercept private communication  human  speech  other
than:
         (1)  Any  telephone,  telegraph or telecommunication
    instrument, equipment or facility, or  any  component  of
    it,   furnished   to   the   subscriber   or  user  by  a
    communication common carrier in the  ordinary  course  of
    its  business,  or purchased by any person and being used
    by the subscriber, user or person in the ordinary  course
    of his business, or being used by a communications common
    carrier  in the ordinary course of its business, or by an
    investigative or law enforcement officer in the  ordinary
    course of his duties; or
         (2)  A  hearing  aid or similar device being used to
    correct subnormal hearing to not better than normal.
    (i)  "Electronic criminal surveillance officer" means any
law enforcement officer of the United States or of the  State
or  political subdivision of it, or of another State, or of a
political subdivision of it, who is certified by the Illinois
Department  of  State  Police  to  intercept   private   oral
communications.
    (j)  "In-progress trace" means to determine the origin of
a  wire communication to a telephone or telegraph instrument,
equipment or facility during the course of the communication.
    (k)  "Intercept" means the aural or other acquisition  of
the  contents  of  any private oral communication through the
use of any electronic criminal surveillance device.
    (l)  "Journalist" means a person  engaged  in,  connected
with,  or  employed  by  news  media,  including  newspapers,
magazines,  press associations, news agencies, wire services,
radio, television or other similar media, for the purpose  of
gathering,  processing,  transmitting,  compiling, editing or
disseminating news for the general public.
    (m)  "Law enforcement agency" means any  law  enforcement
agency  of  the  United  States,  or the State or a political
subdivision of it.
    (n)  "Oral communication"  means  human  speech  used  to
communicate  by  one  party  to  another,  in person, by wire
communication or by any other means.
    (o)  "Private oral communication" means a wire, or  oral,
or  electronic  communication  uttered  or  transmitted  by a
person exhibiting an expectation that  the  communication  is
not  subject  to interception, under circumstances reasonably
justifying the expectation.   Circumstances  that  reasonably
justify  the  expectation that a communication is not subject
to interception include the use of a  cordless  telephone  or
cellular communication device.
    (p)  "Wire  communication" means any human speech used to
communicate by one party to  another  in  whole  or  in  part
through  the  use  of  facilities  for  the  transmission  of
communications  by  wire,  cable  or  other  like  connection
between  the  point  of  origin  and  the  point of reception
furnished or operated by a communications common carrier.
    (q)  "Privileged communications"  means  a  private  oral
communication between:
         (1)  a  licensed  and  practicing  physician  and  a
    patient  within  the  scope  of  the  profession  of  the
    physician;
         (2)  a  licensed  and  practicing  psychologist to a
    patient  within  the  scope  of  the  profession  of  the
    psychologist;
         (3)  a licensed and practicing attorney-at-law and a
    client within the scope of the profession of the lawyer;
         (4)  a practicing clergyman and a  confidant  within
    the scope of the profession of the clergyman;
         (5)  a practicing journalist within the scope of his
    profession;
         (6)  spouses  within  the  scope  of  their  marital
    relationship; or
         (7)  a  licensed  and  practicing social worker to a
    client within the scope of the profession of  the  social
    worker.
(Source: P.A. 86-391; 86-763; 86-1028; 86-1206; 87-530.)

    (725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
    Sec.  108B-2.  Request  for application for interception.
(a) A State's Attorney may apply  for  an  order  authorizing
interception  of  private  oral  communications in accordance
with the provisions of this Article.
    (b)  The head of a law enforcement agency, including, for
purposes of this subsection, the  acting  head  of  such  law
enforcement  agency  if  the head of such agency is absent or
unable to serve, may request that a  State's  Attorney  apply
for   an  order  authorizing  interception  of  private  oral
communications in accordance  with  the  provisions  of  this
Article.
    Upon  request of a law enforcement agency, the Department
may provide technical assistance to such an agency  which  is
authorized to conduct an interception.
(Source: P.A. 85-1203.)

    (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
    Sec.   108B-3.  Authorization  for  the  interception  of
private oral communication.
    (a)  The State's Attorney,  or  a  person  designated  in
writing  or  by  law to act for him and to perform his duties
during his absence or disability, may authorize, in  writing,
an  ex  parte  application  to  the chief judge of a court of
competent  jurisdiction  for   an   order   authorizing   the
interception  of  a  private oral communication when no party
has consented to the interception and  (i)  the  interception
may provide evidence of, or may assist in the apprehension of
a  person  who  has  committed,  is committing or is about to
commit,  a  violation  of  Section  8-1.1  (solicitation   of
murder),  8-1.2 (solicitation of murder for hire), 9-1 (first
degree murder), or 29B-1 (money laundering) of  the  Criminal
Code  of  1961,  Section  401,  401.1  (controlled  substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
the  Illinois  Controlled  Substances  Act,  a  violation  of
Section  24-2.1,  24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4,
or 24-5 or  subsection  24-1(a)(4),  24-1(a)(6),  24-1(a)(7),
24-1(a)(9),  24-1(a)(10),  or 24-1(c) of the Criminal Code of
1961 or conspiracy to commit money laundering  or  conspiracy
to  commit  first  degree murder; (ii) in response to a clear
and present danger of imminent death or great bodily harm  to
persons  resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of  force;
or  (2) the occupation by force or the threat of the imminent
use of force of  any  premises,  place,  vehicle,  vessel  or
aircraft;  (iii)  to aid an investigation or prosecution of a
civil action brought under the Illinois Streetgang  Terrorism
Omnibus  Prevention  Act  when  there  is  probable  cause to
believe the interception of the  private  oral  communication
will  provide  evidence  that a streetgang is committing, has
committed, or will commit a second or subsequent gang-related
offense  or  that  the  interception  of  the  private   oral
communication  will  aid  in  the  collection  of  a judgment
entered under that Act; or (iv) upon information  and  belief
that  a  streetgang has committed, is committing, or is about
to commit a felony.
    (b)  The State's  Attorney  or  a  person  designated  in
writing  or  by  law  to  act for the State's Attorney and to
perform his or her  duties  during  his  or  her  absence  or
disability,   may   authorize,   in   writing,  an  ex  parte
application to the chief judge of  a  circuit  court  for  an
order authorizing the interception of a private communication
when  no  party  has  consented  to  the interception and the
interception may provide evidence of, or may  assist  in  the
apprehension  of a person who has committed, is committing or
is about to commit, a violation of an offense  under  Article
29D of the Criminal Code of 1961.
    (b-1)  Subsection (b) is inoperative on and after January
1, 2005.
    (b-2)  No conversations recorded or monitored pursuant to
subsection  (b)  shall be made inadmissable in a court of law
by virtue of subsection (b-1).
    (c)  As  used   in   this   Section,   "streetgang"   and
"gang-related"  have the meanings ascribed to them in Section
10 of the Illinois Streetgang  Terrorism  Omnibus  Prevention
Act.
(Source: P.A. 88-249; 88-677, eff. 12-15-94.)

    (725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
    Sec.  108B-4.  Application for order of interception. (a)
Each application for an order of authorization to intercept a
private oral communication shall be made in writing upon oath
or affirmation and shall include:
    (1)  The  authority  of  the  applicant   to   make   the
application;
    (2)  The identity of the electronic criminal surveillance
officer  for  whom  the authority to intercept a private oral
communication is sought;
    (3)  The facts relied upon by the applicant including:
    (i)  The identity of the particular person, if known, who
is committing, is about  to  commit,  or  has  committed  the
offense and whose private communication is to be intercepted;
    (ii)  The  details  as to the particular offense that has
been, is being, or is about to be committed;
    (iii)  The particular type of private communication to be
intercepted;
    (iv)  Except as provided in Section 108B-7.5,  a  showing
that  there  is  probable  cause  to believe that the private
communication will be communicated on the particular wire  or
electronic   communication   facility   involved  or  at  the
particular place  where  the  oral  communication  is  to  be
intercepted;
    (v)  Except   as   provided   in  Section  108B-7.5,  the
character and location of the particular wire  or  electronic
communication  facilities  involved  or  the particular place
where the oral communication is to be intercepted;
    (vi)  The objective of the investigation;
    (vii)  A statement of the period of time  for  which  the
interception  is  required  to  be  maintained,  and,  if the
objective of the investigation is such that the authorization
for interception should not automatically terminate when  the
described  type  of  communication has been first obtained, a
particular statement of facts establishing probable cause  to
believe  that additional communications of the same type will
continue to occur;
    (viii)  A particular  statement  of  facts  showing  that
other  normal  investigative  procedures  with respect to the
offense have been tried and have failed, or reasonably appear
to be unlikely to succeed if tried, or are too  dangerous  to
employ;
    (4)  Where  the  application  is  for the extension of an
order, a statement of facts showing the results obtained from
the interception, or a reasonable explanation of the  failure
to obtain results;
    (5)  A  statement  of  the  facts concerning all previous
applications known to the applicant made  to  any  court  for
authorization  to intercept a private an oral, electronic, or
wire communication involving any of the  same  facilities  or
places  specified  in the application or involving any person
whose communication is to  be  intercepted,  and  the  action
taken by the court on each application;
    (6)  A  proposed order of authorization for consideration
by the judge; and
    (7)  Such additional statements of facts  in  support  of
the  application  on  which  the applicant may rely or as the
chief judge may require.
    (b)  As part of the consideration  of  that  part  of  an
application  for  which  there  is  no corroborative evidence
offered, the chief judge may inquire  in  camera  as  to  the
identity  of  any  informant  or request any other additional
information concerning  the  basis  upon  which  the  State's
Attorney,  or  the  head  of  the  law enforcement agency has
relied in making an application or a request for  application
for  the  order  of authorization which the chief judge finds
relevant to the determination of probable  cause  under  this
Article.
(Source: P.A. 85-1203.)

    (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
    Sec.  108B-5.   Requirements  for  order of interception.
Upon consideration of an application,  the  chief  judge  may
enter  an  ex  parte  order,  as  requested  or  as modified,
authorizing the interception of a private oral communication,
if the chief judge determines on the basis of the application
submitted by the applicant, that:
    (1)  There is probable cause  for  belief  that  (a)  the
person  whose  private  communication is to be intercepted is
committing, has committed, or is about to commit  an  offense
enumerated  in  Section  108B-3,  or  (b) the facilities from
which, or the place where, the private oral communication  is
to  be  intercepted,  is, has been, or is about to be used in
connection with the commission of the offense, or  is  leased
to,  listed  in the name of, or commonly used by, the person;
and
    (2)  There is probable cause for belief that a particular
private communication concerning such offense may be obtained
through the interception; and
    (3)  Normal investigative procedures with respect to  the
offense  have been tried and have failed or reasonably appear
to be unlikely to  succeed  if  tried  or  too  dangerous  to
employ; and
    (4)  The  electronic criminal surveillance officers to be
authorized to supervise the interception of the private  oral
communication have been certified by the Department.
    (b)  In  the  case  of  an application, other than for an
extension, for an order to intercept  a  communication  of  a
person  or  on  a  wire  communication  facility that was the
subject of a previous  order  authorizing  interception,  the
application  shall  be based upon new evidence or information
different from and in addition to the evidence or information
offered to support the prior order, regardless of whether the
evidence was derived from prior interceptions or  from  other
sources.
    (c)  The  chief  judge  may  authorize  interception of a
private oral communication anywhere in the judicial  circuit.
If  the  court  authorizes the use of an eavesdropping device
with respect to a vehicle, watercraft, or  aircraft  that  is
within  the judicial circuit at the time the order is issued,
the order may provide  that  the  interception  may  continue
anywhere  within  the  State  if  the vehicle, watercraft, or
aircraft leaves the judicial circuit.
(Source: P.A. 85-1203.)
    (725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)
    Sec. 108B-7.  Contents of order for use of  eavesdropping
device.   (a)    Each order authorizing the interception of a
private oral communication shall state:
    (1)  The chief judge is authorized to issue the order;
    (2)  The identity of, or a particular description of, the
person, if known, whose  private  communications  are  to  be
intercepted;
    (3)  The  character  and  location of the particular wire
communication facilities as to which, or the particular place
of the communications as to which, authority to intercept  is
granted;
    (4)  A  particular  description  of  the  type of private
communication to  be  intercepted  and  a  statement  of  the
particular offense to which it relates;
    (5)  The  identity  and  certification  of the electronic
criminal surveillance  officers  to  whom  the  authority  to
intercept  a  private  oral  communication  is  given and the
identity of the person who authorized the application; and
    (6)  The period of time during which the interception  is
authorized,  including  a  statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
    (b)  No order entered under this Section shall  authorize
the  interception of private oral communications for a period
of time in excess of that necessary to achieve the  objective
of the authorization.  Every order entered under this Section
shall  require  that  the interception begin and terminate as
soon as practicable and be conducted in such a manner  as  to
minimize  the  interception  of  communications not otherwise
subject  to  interception.   No  order,  other  than  for  an
extension, entered  under  this  Section  may  authorize  the
interception  of  private  oral communications for any period
exceeding 30 days.  Extensions of an order may be granted for
periods of not more than  30  days.  No  extension  shall  be
granted  unless  an  application for it is made in accordance
with Section 108B-4 and the judge makes the findings required
by Section 108B-5 and, where necessary, Section 108B-6.
    (c)  Whenever an order  authorizing  an  interception  is
entered,  the  order  shall require reports to be made to the
chief judge who issued the order showing  what  progress  has
been  made toward achievement of the authorized objective and
the need for continued interception.  The  reports  shall  be
made at such intervals as the judge may require.
    (d)  An  order  authorizing the interception of a private
oral communication shall,  upon  request  of  the  applicant,
direct that a communications common carrier, landlord, owner,
building  operator,  custodian,  or  other person furnish the
applicant forthwith all information, facilities and technical
assistance   necessary   to   accomplish   the   interception
unobtrusively and with a minimum  of  interference  with  the
services   that   the   carrier,  owner,  building  operator,
landlord, custodian, or person is affording the person  whose
communication  is  to  be  intercepted.   The obligation of a
communications common carrier under  the  order  may  include
conducting  an in-progress trace during an interception.  Any
communications  common  carrier,  landlord,  owner,  building
operator, custodian, or person furnishing the  facilities  or
technical assistance shall be compensated by the applicant at
the prevailing rates.
    (e)  A  communications  common  carrier, landlord, owner,
building operator, custodian, or other person  who  has  been
provided  with  an  order issued under this Article shall not
disclose the existence of the order of interception, or of  a
device used to accomplish the interception unless:
    (1)  He is required to do so by legal process; and
    (2)  He  has  given  prior  notification  to  the State's
Attorney, who has authorized the application for the order.
    (f)  An order authorizing the interception of  a  private
oral  communication shall, upon the request of the applicant,
authorize  the  entry  into  the  place  or   facilities   by
electronic   criminal   surveillance  officers  as  often  as
necessary for  the  purpose  of  installing,  maintaining  or
removing  an intercepting device where the entry is necessary
to conduct or complete the interception.  The chief judge who
issues the order shall be notified of the fact of each  entry
prior  to  entry, if practicable, and, in any case, within 48
hours of entry.
    (g)  (1)  Notwithstanding any provision of this  Article,
any chief judge of a court of competent jurisdiction to which
any  application  is  made  under  this  Article may take any
evidence, make any finding, or issue any order to conform the
proceedings or the issuance of any order to the  Constitution
of  the  United States, or of any law of the United States or
to the Constitution of the State of Illinois or to  the  laws
of Illinois.
    (2)  When  the  language  of  this Article is the same or
similar to the language of Title III of P.L. 90-351 (82 Stat.
211 et seq., codified at, 18 U.S.C. 2510 et seq.), the courts
of this State in construing this  Article  shall  follow  the
construction  given  to  Federal  law  by  the  United States
Supreme Court or United  States  Court  of  Appeals  for  the
Seventh Circuit.
(Source: P.A. 85-1203.)

    (725 ILCS 5/108B-7.5 new)
    Sec. 108B-7.5. Applicability.
    (a)  The  requirements  of  subdivisions  (a)(3)(iv)  and
(a)(3)(v)  of  Section  108B-4, subdivision (1)(b) of Section
108B-5, and subdivision (a)(3)  of  Section  108B-7  of  this
Article  relating to the specification of the facilities from
which, or  the  place  where,  the  communication  is  to  be
intercepted do not apply if:
         (1)  in  the  case of an application with respect to
    the interception of an oral communication:
              (A)  the  application   is   by   the   State's
         Attorney,  or  a  person designated in writing or by
         law to act for the State's Attorney and  to  perform
         his  or  her  duties  during  his  or her absence or
         disability;
              (B)  the  application  contains  a   full   and
         complete  statement  as to why such specification is
         not practical and identifies the  person  committing
         the  offense  and  whose  communications  are  to be
         intercepted;
              (C)  the judge finds that such specification is
         not practical; and
              (D)  the order sought is in connection with  an
         investigation  of  a violation of Article 29D of the
         Criminal Code of 1961.
         (2)  in the case of an application with respect to a
    wire or electronic communication:
              (A)  the  application   is   by   the   State's
         Attorney,  or  a  person designated in writing or by
         law to act for the State's Attorney and  to  perform
         his  or  her  duties  during  his  or her absence or
         disability;
              (B)  the  application  identifies  the   person
         believed  to  be  committing  the  offense and whose
         communications  are  to  be  intercepted   and   the
         applicant  makes  a  showing  that there is probable
         cause to believe that  the  person's  actions  could
         have  the  effect  of  thwarting interception from a
         specified facility;
              (C)  the judge finds that such showing has been
         adequately made;
              (D)  the order  authorizing  or  approving  the
         interception  is  limited  to  interception only for
         such time as it is reasonable to  presume  that  the
         person  identified  in  the  application  is  or was
         reasonably proximate to the instrument through which
         such communication will be or was transmitted; and
              (E)  the order sought is in connection with  an
         investigation  of  a violation of Article 29D of the
         Criminal Code of 1961.
    (b)  An interception of a communication  under  an  order
with  respect  to  which  the  requirements  of  subdivisions
(a)(3)(iv)  and  (a)(3)(v)  of  Section  108B-4,  subdivision
(1)(b)  of  Section 108B-5, and subdivision (a)(3) of Section
108B-7 of this Article do not apply by reason of this Section
shall not begin until the place where the communication is to
be intercepted is ascertained by the person implementing  the
interception   order.   A  provider  of  wire  or  electronic
communications service that has received an order as provided
for in subdivision (a)(2) may upon notice to the People  move
the court to modify or quash the order on the ground that its
assistance   with  respect  to  the  interception  cannot  be
performed in a timely or reasonable fashion. The court  shall
decide such a motion expeditiously.

    (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
    Sec. 108B-8.  Emergency use of eavesdropping device.  (a)
Whenever,  upon informal application by the State's Attorney,
a chief judge of competent jurisdiction determines that:
    (1)  There may be grounds upon which an  order  could  be
issued under this Article;
    (2)  There is probable cause to believe that an emergency
situation  exists  with  respect  to  the investigation of an
offense enumerated in Section 108B-3; and
    (3)  There  is  probable  cause   to   believe   that   a
substantial  danger  to  life  or  limb exists justifying the
authorization for immediate interception of  a  private  oral
communication  before  formal  application for an order could
with due diligence be submitted to him and  acted  upon;  the
chief  judge  may  grant  oral  approval for an interception,
without an order,  conditioned  upon  the  filing  with  him,
within 48 hours, of an application for an order under Section
108B-4  which  shall also recite the oral approval under this
Section and be retroactive to the time of the oral approval.
    (b)  Interception under oral approval under this  Section
shall  immediately terminate when the communication sought is
obtained or when the application  for  an  order  is  denied,
whichever is earlier.
    (c)  In  the  event no formal application for an order is
subsequently made under this  Section,  the  content  of  any
private  oral  communication  intercepted under oral approval
under this Section shall be treated as having  been  obtained
in violation of this Article.
    (d)  In  the  event  no  application for an order is made
under this Section or an application made under this  Section
is subsequently denied, the judge shall cause an inventory to
be  served  under  Section  108B-11 of this Article and shall
require the  tape  or  other  recording  of  the  intercepted
communication  to  be delivered to, and sealed by, the judge.
The evidence shall be retained by the court, and it shall not
be used or disclosed in any legal proceeding, except a  civil
action  brought  by an aggrieved person under Section 14-6 of
the Criminal Code of 1961, or as otherwise authorized by  the
order  of  a court of competent jurisdiction.  In addition to
other remedies or  penalties  provided  by  law,  failure  to
deliver  any tape or other recording to the chief judge shall
be  punishable  as  contempt  by  the  judge  directing   the
delivery.
(Source: P.A. 85-1203.)
    (725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
    Sec. 108B-9.  Recordings, records and custody.
    (a)  Any   private   oral  communication  intercepted  in
accordance  with  this  Article  shall,  if  practicable,  be
recorded by tape or other comparable method.   The  recording
shall,  if practicable, be done in such a way as will protect
it from editing or other alteration.  During an interception,
the interception  shall  be  carried  out  by  an  electronic
criminal  surveillance  officer,  and,  if  practicable, such
officer shall keep a signed, written record, including:
    (1)  The date and hours of surveillance;
    (2)  The  time   and   duration   of   each   intercepted
communication;
    (3)  The   parties,   if   known,   to  each  intercepted
conversation; and
    (4)  A  summary  of  the  contents  of  each  intercepted
communication.
    (b)  Immediately upon the expiration of the order or  its
extensions,   the   tapes   and  other  recordings  shall  be
transferred to the chief judge issuing the order  and  sealed
under   his  direction.   Custody  of  the  tapes,  or  other
recordings, shall be  maintained  wherever  the  chief  judge
directs.  They shall not be destroyed except upon an order of
a  court  of competent jurisdiction and in any event shall be
kept for 10 years.  Duplicate tapes or other  recordings  may
be  made for disclosure or use under paragraph (a) of Section
108B-2a of this Article.  The presence of the  seal  provided
by  this  Section,  or  a  satisfactory  explanation  for its
absence, shall be a prerequisite for the  disclosure  of  the
contents  of  any  private  oral  communication,  or evidence
derived from it, under paragraph (b) of  Section  108B-2a  of
this Article.
(Source: P.A. 86-763.)
    (725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
    Sec. 108B-10.  Applications, orders, and custody.
    (a)  Applications  made  and  orders  granted  under this
Article for the interception of private  oral  communications
shall  be  sealed  by the chief judge issuing or denying them
and  held  in  custody  as  the  judge  shall  direct.    The
applications  and  orders  shall  be  kept for a period of 10
years.  Destruction of the applications and orders  prior  to
the  expiration  of that period of time may be made only upon
the order of a court of competent  jurisdiction.   Disclosure
of  the  applications and orders may be ordered by a court of
competent jurisdiction on a showing  of good cause.
    (b)  The electronic criminal surveillance  officer  shall
retain a copy of applications and orders for the interception
of  private oral communications.  The applications and orders
shall be kept for a period of 10 years.  Destruction  of  the
applications  and  orders  prior  to  the  expiration of that
period of time may be made only upon an order of a  court  of
competent   jurisdiction.    Disclosure   and   use   of  the
applications and orders may be made by an electronic criminal
surveillance officer only in the proper  performance  of  his
official duties.
    (c)  In  addition  to  any  other  remedies  or penalties
provided by law, any  violation  of  this  Section  shall  be
punishable as contempt of court.
(Source: P.A. 85-1203.)

    (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
    Sec. 108B-11. Inventory.
    (a) Within a reasonable period of time but not later than
90  days after the termination of the period of the order, or
its extensions, or the date of the denial of  an  application
made under Section 108B-8, the chief judge issuing or denying
the  order or extension shall cause an inventory to be served
on any person:
    (1)  Named in the order;
    (2)  Arrested as a result  of  the  interception  of  his
private oral communication;
    (3)  Indicted  or  otherwise  charged  as a result of the
interception of his private oral communication;
    (4)  Any person  whose  private  oral  communication  was
intercepted and who the judge issuing or denying the order or
application   may  in  his  discretion  determine  should  be
informed in the interest of justice.
    (b)  The inventory under this Section shall include:
    (1)  Notice of the entry of the order or the  application
for an order denied under Section 108B-8;
    (2)  The  date of the entry of the order or the denial of
an order applied for under Section 108B-8;
    (3)  The   period   of    authorized    or    disapproved
interception; and
    (4)  The  fact  that  during  the  period  a private oral
communication was or was not intercepted.
    (c)  A court of competent jurisdiction, upon filing of  a
motion, may in its discretion make available to those persons
or  their  attorneys  for  inspection  those  portions of the
intercepted communications, applications and  orders  as  the
court determines to be in the interest of justice.
    (d)  On  an  ex parte showing of good cause to a court of
competent  jurisdiction,  the  serving  of  the   inventories
required by this Section may be postponed for a period not to
exceed 12 months.
(Source: P.A. 85-1203.)

    (725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
    Sec. 108B-12.  Approval, notice, suppression.
    (a)  If  an  electronic  criminal  surveillance  officer,
while intercepting a private oral communication in accordance
with the provision of this Article, intercepts a private oral
communication  that  relates  to  an  offense  other  than an
offense enumerated in Section 108B-3 of the Act,  or  relates
to  an offense enumerated in Section 108B-3 but not specified
in the order of authorization, the  State's  Attorney,  or  a
person  designated  in writing or by law to act for him, may,
in order to permit the disclosure or use of  the  information
under Section 108B-2a of this Act, make a motion for an order
approving  the  interception.   The chief judge of a court of
competent jurisdiction shall enter  an  order  approving  the
interception if he finds that at the time of the application,
there  existed  probable cause to believe that a person whose
private oral communication was intercepted was committing  or
had committed an offense and the content of the communication
relates  to  that  offense,  and  that  the communication was
otherwise intercepted in accordance with  the  provisions  of
this Article.
    (b)  An   intercepted   private  oral  communication,  or
evidence derived from it, may not be received in evidence  or
otherwise  disclosed  in  an  official proceeding unless each
aggrieved person who is a party in the  official  proceeding,
including  any  proceeding  before  a  legislative, judicial,
administrative  or  other  governmental  agency  or  official
authorized to hear evidence under oath or other person taking
testimony or depositions in any such proceeding, other than a
grand jury, has, not less than 10 days  before  the  official
proceeding,  been  furnished  with a copy of the court order,
and   the   accompanying   application,   under   which   the
interception was authorized or approved.  The 10  day  period
may  be  waived by the presiding official if he finds that it
was  not  practicable  to  furnish  the   person   with   the
information  10  days  before  the  proceeding,  and that the
person will not be or has not been  prejudiced  by  delay  in
receiving the information.
    (c)  An  aggrieved  person  in an official proceeding may
make a motion under this Section to suppress the contents  of
an   intercepted  private  oral  communication,  or  evidence
derived from it, on the grounds that:
    (1)  The communication was unlawfully intercepted;
    (2)  The order of authorization or approval  under  which
it was intercepted is insufficient on its face; or
    (3)  The interception was not made in conformity with the
order  of  authorization  or  approval  or at the time of the
application there was not probable cause to believe that  the
aggrieved  person was committing or had committed the offense
to which the content of the private communication relates.
    (d)  If a motion under this Section duly alleges that the
evidence sought to be suppressed in an  official  proceeding,
including  a  grand jury, has been derived from an unlawfully
intercepted private oral communication, and if the  aggrieved
person  who is a party has not been served with notice of the
interception  under  this  Section,  the  opponent   of   the
allegation  shall,  after conducting a thorough search of its
files, affirm or deny the occurrence of the alleged  unlawful
interception,  but  no  motion  shall  be  considered  if the
alleged unlawful interception took place more  than  5  years
before the event to which the evidence relates.
    (e)  Where a motion is duly made under this Section prior
to  the  appearance  of  a  witness  before a grand jury, the
opponent of the motion may make such applications and  orders
as  it  has  available  to  the  chief  judge  of  a court of
competent jurisdiction in camera, and if the judge determines
that there is no defect in them sufficient  on  its  face  to
render  them invalid, the judge shall inform the witness that
he has not been the subject of an unlawful  interception.  If
the   judge  determines  that  there  is  a  defect  in  them
sufficient on its face to render them invalid, he shall enter
an order prohibiting any question being put  to  the  witness
based on the unlawful interception.
    (f)  Motions  under  this  Section shall be made prior to
the official proceeding unless there was  no  opportunity  to
make the motion or unless the aggrieved person who is a party
was  not  aware  of  the  grounds for the motion.  Motions by
co-indictees shall, on motion of the People, be  heard  in  a
single consolidated hearing.
    (g)  A  chief judge of a court of competent jurisdiction,
upon the filing of a motion by an aggrieved person who  is  a
party  under  this  Section,  except before a grand jury, may
make available for inspection by the aggrieved person or  his
attorney   such   portions   of   the   intercepted   private
communications,  applications  and  orders  or  the  evidence
derived  from  them  as  the  judge  determines  to be in the
interest of justice.
    (h)  If a motion  under  this  Section  is  granted,  the
intercepted  private oral communication, and evidence derived
from it, may not be  received  in  evidence  in  an  official
proceeding, including a grand jury.
    (i)  In addition to any other right of appeal, the People
shall  have  the  right  to  appeal  from an order granting a
motion  to  suppress  if  the  official  to  whom  the  order
authorizing the interception was  granted  certifies  to  the
court  that  the  appeal  is not taken for purposes of delay.
The appeal shall otherwise be taken in  accordance  with  the
law.
(Source: P.A. 85-1203.)

    (725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
    Sec. 108B-14.  Training.
    (a)  The  Director  of  the  Illinois Department of State
Police shall:
         (1)  Establish a course of training  in  the  legal,
    practical,  and  technical aspects of the interception of
    private oral communications and related investigation and
    prosecution techniques;
         (2)  Issue regulations as he finds necessary for the
    training program;
         (3)  In   cooperation   with   the   Illinois    Law
    Enforcement   Training   Standards   Board,  set  minimum
    standards for certification and periodic  recertification
    of  electronic criminal surveillance officers as eligible
    to apply  for  orders  authorizing  the  interception  of
    private    oral    communications,    to    conduct   the
    interceptions, and to use the private  communications  or
    evidence derived from them in official proceedings; and
         (4)  In    cooperation   with   the   Illinois   Law
    Enforcement Training Standards Board, revoke  or  suspend
    the certification of any electronic criminal surveillance
    officer  who  has violated any law relating to electronic
    criminal  surveillance,  or   any   of   the   guidelines
    established  by  the Department for conducting electronic
    criminal surveillance.
    (b)  The  Executive  Director   of   the   Illinois   Law
Enforcement Training Standards Board shall:
         (1)  Pursuant  to  the Illinois Police Training Act,
    review  the  course  of  training   prescribed   by   the
    Department  for  the purpose of certification relating to
    reimbursement  of  expenses   incurred   by   local   law
    enforcement  agencies  participating  in  the  electronic
    criminal surveillance officer training process, and
         (2)  Assist  the  Department in establishing minimum
    standards for certification and periodic  recertification
    of  electronic  criminal  surveillance  officers as being
    eligible to apply for orders authorizing the interception
    of  private   oral   communications,   to   conduct   the
    interpretations,   and   to  use  the  communications  or
    evidence derived from them in official proceedings.
(Source: P.A. 88-586, eff. 8-12-94.)

    Section 21.  The Statewide Grand Jury Act is  amended  by
changing Sections 2, 3, 4, and 10 as follows:

    (725 ILCS 215/2) (from Ch. 38, par. 1702)
    Sec.  2.   (a)  County grand juries and State's Attorneys
have  always  had  and  shall  continue   to   have   primary
responsibility  for investigating, indicting, and prosecuting
persons who  violate  the  criminal  laws  of  the  State  of
Illinois.   However,  in  recent  years  organized  terrorist
activity  directed  against  innocent  civilians  and certain
criminal   enterprises   have    developed    that    require
investigation,  indictment, and prosecution on a statewide or
multicounty level.  The criminal These enterprises exist as a
result of the allure of  profitability  present  in  narcotic
activity,  the  unlawful  sale  and transfer of firearms, and
streetgang related felonies and organized terrorist  activity
is   supported  by  the  contribution  of  money  and  expert
assistance from geographically diverse sources. In  order  to
shut  off the life blood of terrorism and weaken or eliminate
the criminal these enterprises, assets, and property used  to
further  these  offenses  must  be frozen, and any the profit
must be removed. State statutes  exist  that  can  accomplish
that  goal.   Among them are the offense of money laundering,
the Cannabis and Controlled Substances Tax Act, violations of
Article 29D of the  Criminal  Code  of  1961,  the  Narcotics
Profit  Forfeiture  Act,  and  gunrunning.  Local prosecutors
need investigative  personnel  and  specialized  training  to
attack   and   eliminate  these  profits.  In  light  of  the
transitory and complex nature  of  conduct  that  constitutes
these   criminal   activities,   the  many  diverse  property
interests that may be used, acquired directly  or  indirectly
as a result of these criminal activities, and the many places
that  illegally  obtained  property may be located, it is the
purpose  of  this  Act  to  create  a  limited,   multicounty
Statewide  Grand  Jury with authority to investigate, indict,
and prosecute:  narcotic  activity,  including  cannabis  and
controlled  substance  trafficking,  narcotics  racketeering,
money   laundering,   and  violations  of  the  Cannabis  and
Controlled Substances Tax Act, and violations of Article  29D
of  the Criminal Code of 1961; the unlawful sale and transfer
of firearms; gunrunning; and streetgang related felonies.
    (b)  A Statewide Grand Jury may also investigate, indict,
and prosecute violations facilitated by the use of a computer
of any of  the following offenses: indecent solicitation of a
child, sexual exploitation  of  a  child,  soliciting  for  a
juvenile    prostitute,   keeping   a   place   of   juvenile
prostitution, juvenile pimping, or child pornography.
(Source: P.A. 91-225, eff. 1-1-00.)

    (725 ILCS 215/3) (from Ch. 38, par. 1703)
    Sec. 3.  Written application for  the  appointment  of  a
Circuit  Judge  to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court.  Upon such
written application, the Chief Justice of the  Supreme  Court
shall  appoint  a  Circuit  Judge  from the circuit where the
Statewide Grand Jury is being  sought  to  be  convened,  who
shall  make a determination that the convening of a Statewide
Grand Jury is necessary.
    In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary  because
of  an  alleged offense or offenses set forth in this Section
involving more than one county of the State  and  identifying
any such offense alleged; and
         (a)  that  he  or  she  believes that the grand jury
    function for the  investigation  and  indictment  of  the
    offense  or offenses cannot effectively be performed by a
    county grand jury together  with  the  reasons  for  such
    belief, and
           (b)(1)  that    each    State's    Attorney   with
         jurisdiction over  an  offense  or  offenses  to  be
         investigated  has consented to the impaneling of the
         Statewide Grand Jury, or
              (2)  if one or more of  the  State's  Attorneys
         having  jurisdiction  over an offense or offenses to
         be investigated fails to consent to  the  impaneling
         of  the  Statewide  Grand Jury, the Attorney General
         shall  set  forth  good  cause  for  impaneling  the
         Statewide Grand Jury.
    If the Circuit Judge determines that the convening  of  a
Statewide  Grand  Jury  is necessary, he or she shall convene
and  impanel  the  Statewide  Grand  Jury  with  jurisdiction
extending throughout the  State  to  investigate  and  return
indictments:
         (a)  For  violations  of any of the following or for
    any other criminal offense committed  in  the  course  of
    violating  any  of  the  following:  Article  29D  of the
    Criminal Code of 1961, the Illinois Controlled Substances
    Act, the  Cannabis  Control  Act,  the  Narcotics  Profit
    Forfeiture Act, or the Cannabis and Controlled Substances
    Tax  Act;  a  streetgang  related felony offense; Section
    24-2.1, 24-2.2,  24-3,  24-3A,  24-3.1,  24-3.3,  24-3.4,
    24-4,  or  24-5  or  subsection  24-1(a)(4),  24-1(a)(6),
    24-1(a)(7),  24-1(a)(9),  24-1(a)(10),  or 24-1(c) of the
    Criminal Code of 1961; or  a  money  laundering  offense;
    provided  that  the  violation  or  offense involves acts
    occurring in more than one county of this State; and
         (a-5)  For violations facilitated by the  use  of  a
    computer,  including  the  use of the Internet, the World
    Wide Web, electronic mail, message board,  newsgroup,  or
    any other commercial or noncommercial on-line service, of
    any  of the following offenses:  indecent solicitation of
    a child, sexual exploitation of a child, soliciting for a
    juvenile  prostitute,  keeping  a   place   of   juvenile
    prostitution, juvenile pimping, or child pornography; and
         (b)  For  the  offenses  of  perjury, subornation of
    perjury, communicating with  jurors  and  witnesses,  and
    harassment  of  jurors  and  witnesses, as they relate to
    matters before the Statewide Grand Jury.
    "Streetgang related" has the meaning ascribed  to  it  in
Section  10  of  the  Illinois  Streetgang  Terrorism Omnibus
Prevention Act.
    Upon written application by the Attorney General for  the
convening  of  an  additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint  a  Circuit  Judge
from  the  circuit  for  which the additional Statewide Grand
Jury is  sought.   The  Circuit  Judge  shall  determine  the
necessity   for   an   additional  Statewide  Grand  Jury  in
accordance with the provisions of this Section.  No more than
2 Statewide Grand Juries may be empaneled at any time.
(Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01.)

    (725 ILCS 215/4) (from Ch. 38, par. 1704)
    Sec. 4.  (a) The presiding judge of the  Statewide  Grand
Jury  will  receive recommendations from the Attorney General
as to the county in which the Grand Jury will sit.  Prior  to
making the recommendations, the Attorney General shall obtain
the  permission  of  the local State's Attorney to use his or
her county for the site of the Statewide  Grand  Jury.   Upon
receiving   the   Attorney   General's  recommendations,  the
presiding  judge  will  choose  one  of   those   recommended
locations as the site where the Grand Jury shall sit.
    Any  indictment  by  a  Statewide  Grand  Jury  shall  be
returned  to  the  Circuit Judge presiding over the Statewide
Grand Jury and shall include a finding as to  the  county  or
counties   in   which  the  alleged  offense  was  committed.
Thereupon, the judge shall, by order, designate the county of
venue for the purpose of  trial.   The  judge  may  also,  by
order,  direct the consolidation of an indictment returned by
a county grand  jury  with  an  indictment  returned  by  the
Statewide Grand Jury and set venue for trial.
    (b)  Venue  for  purposes  of  trial  for  the offense of
narcotics racketeering shall be proper in any county where:
         (1)  Cannabis or a controlled substance which is the
    basis for the charge of narcotics racketeering was  used;
    acquired; transferred or distributed to, from or through;
    or  any county where any act was performed to further the
    use;  acquisition,  transfer  or  distribution  of   said
    cannabis or controlled substance; or
         (2)  Any  money, property, property interest, or any
    other  asset  generated  by  narcotics   activities   was
    acquired, used, sold, transferred or distributed to, from
    or through; or,
         (3)  Any enterprise interest obtained as a result of
    narcotics racketeering was acquired, used, transferred or
    distributed  to,  from  or through, or where any activity
    was conducted by the enterprise or any conduct to further
    the interests of such an enterprise.
    (c)  Venue for purposes of trial for the offense of money
laundering shall be proper in any county where any part of  a
financial  transaction  in  criminally  derived property took
place, or in any county where any money or monetary  interest
which is the basis for the offense, was acquired, used, sold,
transferred or distributed to, from, or through.
    (d)  A   person  who  commits  the  offense  of  cannabis
trafficking or controlled substance trafficking may be  tried
in any county.
    (e)  Venue  for  purposes  of  trial for any violation of
Article 29D of the Criminal Code of 1961 may be in the county
in which an act of terrorism  occurs,  the  county  in  which
material  support or resources are provided or solicited, the
county in which  criminal  assistance  is  rendered,  or  any
county  in  which  any act in furtherance of any violation of
Article 29D of the Criminal Code of 1961 occurs.
(Source: P.A. 87-466.)

    (725 ILCS 215/10) (from Ch. 38, par. 1710)
    Sec. 10.  The Attorney General  shall,  at  the  earliest
opportunity,  upon  initiation  of Grand Jury action, consult
with and advise the State's Attorney of any  county  involved
in   a   Statewide   Grand   Jury   terrorist   or  narcotics
investigation.  Further, the State's Attorney may attend  the
Grand  Jury  proceedings  or  the  trial  of  any party being
investigated or indicted by the Statewide Grand Jury, and may
assist in the prosecution, which in his or her  judgment,  is
in the interest of the people of his or her county.  Prior to
granting  transactional  immunity  to  any witness before the
Statewide Grand Jury, any State's Attorney with  jurisdiction
over  the  offense  or  offenses  being  investigated  by the
Statewide Grand Jury must consent to the granting of immunity
to the witness.   Prior  to  granting  use  immunity  to  any
witness before the Statewide Grand Jury, the Attorney General
shall  consult  with  any  State's Attorney with jurisdiction
over the  offense  or  offenses  being  investigated  by  the
Statewide Grand Jury.
(Source: P.A. 87-466.)

    Section  25.   The Unified Code of Corrections is amended
by changing Sections 3-6-3 and 5-4-3 as follows:

    (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3.  Rules and Regulations for Early Release.
         (a) (1)  The   Department   of   Corrections   shall
    prescribe rules and regulations for the early release  on
    account  of  good  conduct  of  persons  committed to the
    Department which  shall  be  subject  to  review  by  the
    Prisoner Review Board.
         (2)  The  rules  and  regulations  on  early release
    shall provide, with respect to offenses committed  on  or
    after June 19, 1998, the following:
              (i)  that  a  prisoner who is serving a term of
         imprisonment for first  degree  murder  or  for  the
         offense  of  terrorism shall receive no good conduct
         credit and shall serve the entire  sentence  imposed
         by the court;
              (ii)  that  a  prisoner  serving a sentence for
         attempt to commit first degree murder,  solicitation
         of   murder,   solicitation   of  murder  for  hire,
         intentional homicide of an unborn  child,  predatory
         criminal  sexual  assault  of  a  child,  aggravated
         criminal  sexual  assault,  criminal sexual assault,
         aggravated kidnapping,  aggravated  battery  with  a
         firearm,  heinous  battery,  aggravated battery of a
         senior citizen, or aggravated  battery  of  a  child
         shall  receive no more than 4.5 days of good conduct
         credit for each month of  his  or  her  sentence  of
         imprisonment; and
              (iii)  that  a  prisoner serving a sentence for
         home invasion, armed robbery,  aggravated  vehicular
         hijacking,  aggravated  discharge  of  a firearm, or
         armed violence with a category I weapon or  category
         II  weapon,  when  the  court has made and entered a
         finding, pursuant to  subsection  (c-1)  of  Section
         5-4-1  of  this  Code,  that  the conduct leading to
         conviction for the enumerated  offense  resulted  in
         great bodily harm to a victim, shall receive no more
         than  4.5 days of good conduct credit for each month
         of his or her sentence of imprisonment.
         (2.1)  For all offenses, other than those enumerated
    in subdivision (a)(2) committed  on  or  after  June  19,
    1998,  and other than the offense of reckless homicide as
    defined in subsection (e) of Section 9-3 of the  Criminal
    Code  of  1961 committed on or after January 1, 1999, the
    rules and regulations shall provide that a  prisoner  who
    is  serving  a term of imprisonment shall receive one day
    of good conduct  credit  for  each  day  of  his  or  her
    sentence  of  imprisonment  or recommitment under Section
    3-3-9. Each day of good conduct credit  shall  reduce  by
    one   day   the  prisoner's  period  of  imprisonment  or
    recommitment under Section 3-3-9.
         (2.2)  A prisoner serving a  term  of  natural  life
    imprisonment  or  a  prisoner  who  has been sentenced to
    death shall receive no good conduct credit.
         (2.3)  The rules and regulations  on  early  release
    shall  provide  that a prisoner who is serving a sentence
    for reckless homicide as defined  in  subsection  (e)  of
    Section  9-3 of the Criminal Code of 1961 committed on or
    after January 1, 1999 shall receive no more than 4.5 days
    of good conduct credit for  each  month  of  his  or  her
    sentence of imprisonment.
         (2.4)  The  rules  and  regulations on early release
    shall provide with respect to the offenses of  aggravated
    battery with a machine gun or a firearm equipped with any
    device  or  attachment designed or used for silencing the
    report of a firearm or aggravated discharge of a  machine
    gun  or  a firearm equipped with any device or attachment
    designed or used for silencing the report of  a  firearm,
    committed   on  or  after  the  effective  date  of  this
    amendatory  Act  of  1999,  that  a  prisoner  serving  a
    sentence for any of these offenses shall receive no  more
    than  4.5  days  of good conduct credit for each month of
    his or her sentence of imprisonment.
         (2.5)  The rules and regulations  on  early  release
    shall  provide  that a prisoner who is serving a sentence
    for aggravated arson committed on or after the  effective
    date  of this amendatory Act of the 92nd General Assembly
    shall receive no more  than  4.5  days  of  good  conduct
    credit   for  each  month  of  his  or  her  sentence  of
    imprisonment.
         (3)  The rules and regulations  shall  also  provide
    that  the  Director  may  award up to 180 days additional
    good conduct credit for meritorious service  in  specific
    instances  as  the  Director deems proper; except that no
    more than 90 days of good conduct credit for  meritorious
    service shall be awarded to any prisoner who is serving a
    sentence  for conviction of first degree murder, reckless
    homicide while under the  influence  of  alcohol  or  any
    other  drug, aggravated kidnapping, kidnapping, predatory
    criminal sexual assault of a child,  aggravated  criminal
    sexual  assault,  criminal sexual assault, deviate sexual
    assault, aggravated  criminal  sexual  abuse,  aggravated
    indecent  liberties with a child, indecent liberties with
    a child, child pornography, heinous  battery,  aggravated
    battery  of a spouse, aggravated battery of a spouse with
    a  firearm,  stalking,  aggravated  stalking,  aggravated
    battery of a child, endangering the life or health  of  a
    child,  cruelty  to  a  child,  or narcotic racketeering.
    Notwithstanding the foregoing, good  conduct  credit  for
    meritorious service shall not be awarded on a sentence of
    imprisonment  imposed  for  conviction of: (i) one of the
    offenses  enumerated  in  subdivision  (a)(2)  when   the
    offense  is  committed  on  or  after June 19, 1998, (ii)
    reckless homicide as defined in subsection (e) of Section
    9-3 of the Criminal Code of  1961  when  the  offense  is
    committed  on  or after January 1, 1999, (iii) one of the
    offenses enumerated  in  subdivision  (a)(2.4)  when  the
    offense  is  committed  on or after the effective date of
    this amendatory Act of 1999,  or  (iv)  aggravated  arson
    when  the  offense is committed on or after the effective
    date of this amendatory Act of the 92nd General Assembly.
         (4)  The rules and regulations  shall  also  provide
    that  the  good  conduct  credit accumulated and retained
    under paragraph (2.1) of subsection (a) of  this  Section
    by  any  inmate  during specific periods of time in which
    such inmate  is  engaged  full-time  in  substance  abuse
    programs,    correctional    industry   assignments,   or
    educational programs provided  by  the  Department  under
    this  paragraph  (4)  and  satisfactorily  completes  the
    assigned  program  as  determined by the standards of the
    Department, shall be multiplied by a factor of  1.25  for
    program participation before August 11, 1993 and 1.50 for
    program  participation on or after that date. However, no
    inmate shall be eligible for the additional good  conduct
    credit  under this paragraph (4) while assigned to a boot
    camp, mental health unit, or electronic detention, or  if
    convicted of an offense enumerated in paragraph (a)(2) of
    this Section that is committed on or after June 19, 1998,
    or  if  convicted  of  reckless  homicide  as  defined in
    subsection (e) of Section 9-3 of  the  Criminal  Code  of
    1961  if  the offense is committed on or after January 1,
    1999,  or  if  convicted  of  an  offense  enumerated  in
    paragraph (a)(2.4) of this Section that is  committed  on
    or  after  the  effective  date of this amendatory Act of
    1999, or first degree murder, a Class X felony,  criminal
    sexual  assault, felony criminal sexual abuse, aggravated
    criminal sexual abuse, aggravated battery with a firearm,
    or any predecessor or successor offenses with the same or
    substantially the same elements, or any inchoate offenses
    relating to the foregoing offenses.  No inmate  shall  be
    eligible  for  the  additional  good conduct credit under
    this  paragraph  (4)  who  (i)  has  previously  received
    increased good conduct credit under  this  paragraph  (4)
    and  has subsequently been convicted of a felony, or (ii)
    has previously served more than  one  prior  sentence  of
    imprisonment  for  a  felony  in  an  adult  correctional
    facility.
         Educational,   vocational,   substance   abuse   and
    correctional  industry  programs under which good conduct
    credit may be increased under this paragraph (4) shall be
    evaluated by the Department on the  basis  of  documented
    standards.   The  Department  shall report the results of
    these  evaluations  to  the  Governor  and  the   General
    Assembly  by  September  30th  of each year.  The reports
    shall include data relating to the recidivism rate  among
    program participants.
         Availability  of  these programs shall be subject to
    the  limits  of  fiscal  resources  appropriated  by  the
    General Assembly for these  purposes.   Eligible  inmates
    who  are  denied immediate admission shall be placed on a
    waiting  list   under   criteria   established   by   the
    Department. The inability of any inmate to become engaged
    in  any  such  programs by reason of insufficient program
    resources or for any other reason established  under  the
    rules  and  regulations  of  the  Department shall not be
    deemed a cause of action under which  the  Department  or
    any  employee  or agent of the Department shall be liable
    for damages to the inmate.
         (5)  Whenever  the  Department  is  to  release  any
    inmate earlier than it otherwise would because of a grant
    of good conduct credit for meritorious service  given  at
    any  time  during  the  term,  the  Department shall give
    reasonable advance notice of the impending release to the
    State's Attorney of the county where the  prosecution  of
    the inmate took place.
    (b)  Whenever  a  person  is  or has been committed under
several convictions, with separate sentences,  the  sentences
shall  be  construed  under  Section  5-8-4  in  granting and
forfeiting of good time.
    (c)  The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending  or  reducing
the  rate of accumulation of good conduct credit for specific
rule  violations,  during  imprisonment.   These  rules   and
regulations  shall  provide  that  no inmate may be penalized
more than one  year  of  good  conduct  credit  for  any  one
infraction.
    When  the  Department  seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits  for  an
alleged  infraction  of  its  rules,  it  shall bring charges
therefor against the prisoner sought to  be  so  deprived  of
good  conduct  credits  before  the  Prisoner Review Board as
provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
Code,  if  the  amount  of credit at issue exceeds 30 days or
when during any 12 month period,  the  cumulative  amount  of
credit revoked exceeds 30 days except where the infraction is
committed  or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may  revoke  up
to 30 days of good conduct credit. The Board may subsequently
approve  the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in  excess
of  30  days.   However,  the Board shall not be empowered to
review the Department's decision with respect to the loss  of
30  days  of good conduct credit within any calendar year for
any prisoner or to increase any  penalty  beyond  the  length
requested by the Department.
    The   Director  of  the  Department  of  Corrections,  in
appropriate cases, may restore up to  30  days  good  conduct
credits  which  have  been revoked, suspended or reduced. Any
restoration of good conduct credits  in  excess  of  30  days
shall  be  subject  to  review  by the Prisoner Review Board.
However, the Board may not restore  good  conduct  credit  in
excess of the amount requested by the Director.
    Nothing  contained  in  this  Section  shall prohibit the
Prisoner Review Board  from  ordering,  pursuant  to  Section
3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
the sentence imposed by the court that was not served due  to
the accumulation of good conduct credit.
    (d)  If  a  lawsuit is filed by a prisoner in an Illinois
or  federal  court  against  the  State,  the  Department  of
Corrections, or the Prisoner Review Board, or against any  of
their  officers  or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by  the
prisoner  is  frivolous,  the Department of Corrections shall
conduct a hearing to revoke up to 180 days  of  good  conduct
credit  by bringing charges against the prisoner sought to be
deprived of the good  conduct  credits  before  the  Prisoner
Review  Board  as  provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not  accumulated  180
days  of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct  credit
accumulated by the prisoner.
    For purposes of this subsection (d):
         (1)  "Frivolous"  means  that a pleading, motion, or
    other filing which purports to be a legal document  filed
    by  a  prisoner in his or her lawsuit meets any or all of
    the following criteria:
              (A)  it lacks an arguable basis either  in  law
         or in fact;
              (B)  it  is  being  presented  for any improper
         purpose, such as to harass or to  cause  unnecessary
         delay   or   needless   increase   in  the  cost  of
         litigation;
              (C)  the  claims,  defenses,  and  other  legal
         contentions therein are not  warranted  by  existing
         law or by a nonfrivolous argument for the extension,
         modification,  or  reversal  of  existing law or the
         establishment of new law;
              (D)  the   allegations   and   other    factual
         contentions  do  not have evidentiary support or, if
         specifically so identified, are not likely  to  have
         evidentiary  support  after a reasonable opportunity
         for further investigation or discovery; or
              (E)  the denials of factual contentions are not
         warranted on the evidence,  or  if  specifically  so
         identified,  are  not  reasonably based on a lack of
         information or belief.
         (2)  "Lawsuit" means a petition for  post-conviction
    relief   under  Article  122  of  the  Code  of  Criminal
    Procedure of 1963, a motion pursuant to Section 116-3  of
    the  Code  of Criminal Procedure of 1963, a habeas corpus
    action under Article X of the Code of Civil Procedure  or
    under  federal law (28 U.S.C. 2254), a petition for claim
    under the Court of Claims Act  or  an  action  under  the
    federal Civil Rights Act (42 U.S.C. 1983).
    (e)  Nothing  in  this amendatory Act of 1998 affects the
validity of Public Act 89-404.
(Source: P.A. 91-121, eff.  7-15-99;  91-357,  eff.  7-29-99;
92-176, eff. 7-27-01.)

    (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
    Sec.  5-4-3.  Persons  convicted  of, or found delinquent
for, qualifying offenses  or  institutionalized  as  sexually
dangerous; blood specimens; genetic marker groups.
    (a)  Any  person  convicted  of,  found  guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt  of
a  qualifying  offense,  or  institutionalized  as a sexually
dangerous person under the Sexually Dangerous Persons Act, or
committed as a sexually violent  person  under  the  Sexually
Violent  Persons  Commitment  Act  shall,  regardless  of the
sentence  or  disposition  imposed,  be  required  to  submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this  Section,  provided
such person is:
         (1)  convicted of a qualifying offense or attempt of
    a  qualifying  offense  on or after the effective date of
    this amendatory Act of 1989, and sentenced to a  term  of
    imprisonment,  periodic  imprisonment,  fine,  probation,
    conditional  discharge  or any other form of sentence, or
    given a disposition of court supervision for the offense,
    or
         (1.5)  found guilty or given supervision  under  the
    Juvenile  Court  Act  of 1987 for a qualifying offense or
    attempt of a qualifying offense on or after the effective
    date of this amendatory Act of 1996, or
         (2)  ordered   institutionalized   as   a   sexually
    dangerous person on or after the effective date  of  this
    amendatory Act of 1989, or
         (3)  convicted of a qualifying offense or attempt of
    a  qualifying  offense  before the effective date of this
    amendatory Act of 1989 and is  presently  confined  as  a
    result  of  such  conviction  in  any  State correctional
    facility  or  county  jail  or  is  presently  serving  a
    sentence of probation, conditional discharge or  periodic
    imprisonment as a result of such conviction, or
         (4)  presently   institutionalized   as  a  sexually
    dangerous person  or  presently  institutionalized  as  a
    person  found guilty but mentally ill of a sexual offense
    or attempt to commit a sexual offense; or
         (4.5)  ordered  committed  as  a  sexually   violent
    person  on  or  after  the effective date of the Sexually
    Violent Persons Commitment Act; or
         (5)  seeking transfer to or  residency  in  Illinois
    under  Sections  3-3-11  through  3-3-11.5 of the Unified
    Code  of  Corrections   (Interstate   Compact   for   the
    Supervision   of   Parolees   and  Probationers)  or  the
    Interstate Agreements on Sexually Dangerous Persons Act.
    (a-5)  Any person  who  was  otherwise  convicted  of  or
received  a  disposition  of  court supervision for any other
offense under the  Criminal  Code  of  1961  or  any  offense
classified  as  a  felony under Illinois law or who was found
guilty or given supervision for such a  violation  under  the
Juvenile  Court  Act of 1987, may, regardless of the sentence
imposed, be required by an  order  of  the  court  to  submit
specimens of blood to the Illinois Department of State Police
in accordance with the provisions of this Section.
    (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
(a)(2), and (a-5) to provide specimens of blood shall provide
specimens  of  blood  within  45  days  after  sentencing  or
disposition at a collection site designated by  the  Illinois
Department of State Police.
    (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
and (a)(4.5) to provide specimens of blood shall be  required
to  provide such samples prior to final discharge, parole, or
release at a  collection  site  designated  by  the  Illinois
Department of State Police.
    (c-5)  Any person required by paragraph (a)(5) to provide
specimens  of  blood  shall,  where  feasible, be required to
provide the specimens before being accepted  for  conditioned
residency   in  Illinois  under  the  interstate  compact  or
agreement, but no later than 45 days after  arrival  in  this
State.
    (d)  The   Illinois  Department  of  State  Police  shall
provide all equipment  and  instructions  necessary  for  the
collection of blood samples.  The collection of samples shall
be   performed  in  a  medically  approved  manner.   Only  a
physician authorized to practice medicine, a registered nurse
or  other  qualified  person  trained  in  venipuncture   may
withdraw  blood  for  the  purposes of this Act.  The samples
shall thereafter be forwarded to the Illinois  Department  of
State Police, Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
    (e)  The  genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
    (f)  The genetic  marker  grouping  analysis  information
obtained pursuant to this Act shall be confidential and shall
be  released  only to peace officers of the United States, of
other states or territories, of the  insular  possessions  of
the  United  States,  of foreign countries duly authorized to
receive the same, to all  peace  officers  of  the  State  of
Illinois  and to all prosecutorial agencies.  Notwithstanding
any  other  statutory  provision   to   the   contrary,   all
information  obtained  under this Section shall be maintained
in a single State data base, which may  be  uploaded  into  a
national database, and may not be subject to expungement.
    (g)  For   the  purposes  of  this  Section,  "qualifying
offense" means any of the following:
         (1)  Any violation or inchoate violation of  Section
    11-6,  11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
    11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or
    12-33 of the Criminal Code of 1961, or
         (1.1)  Any  violation  or  inchoate   violation   of
    Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
    18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
    for which persons are convicted on or after July 1, 2001,
    or
         (2)  Any former statute of this State which  defined
    a felony sexual offense, or
         (3)  Any  violation  of paragraph (10) of subsection
    (b) of Section 10-5 of the Criminal Code of 1961 when the
    sentencing court, upon a motion by the  State's  Attorney
    or  Attorney  General,  makes  a  finding  that the child
    luring involved an intent to commit sexual penetration or
    sexual  conduct  as  defined  in  Section  12-12  of  the
    Criminal Code of 1961, or
         (4)  Any violation or inchoate violation of  Section
    9-3.1,  11-9.3,  12-3.3,  12-4.2, 12-4.3, 12-7.3, 12-7.4,
    18-5, 19-3, 20-1.1, or 20.5-5 of  the  Criminal  Code  of
    1961, or
         (5)  Any  violation or inchoate violation of Article
    29D of the Criminal Code of 1961.
    (g-5)  The Department of State Police is not required  to
provide  equipment  to  collect or to accept or process blood
specimens from individuals convicted of any offense listed in
paragraph (1.1) or (4) of subsection (g),  until  acquisition
of  the  resources necessary to process such blood specimens,
or in the case of paragraph (1.1)  of  subsection  (g)  until
July 1, 2003, whichever is earlier.
    Upon  acquisition  of  necessary  resources, including an
appropriation for the purpose of implementing this amendatory
Act of  the  91st  General  Assembly,  but  in  the  case  of
paragraph (1.1) of subsection (g) no later than July 1, 2003,
the Department of State Police shall notify the Department of
Corrections,   the  Administrative  Office  of  the  Illinois
Courts, and  any  other  entity  deemed  appropriate  by  the
Department   of   State   Police,  to  begin  blood  specimen
collection from individuals convicted of offenses  enumerated
in  paragraphs  (1.1)  and  (4)  of  subsection  (g) that the
Department is prepared to provide  collection  equipment  and
receive   and   process   blood  specimens  from  individuals
convicted  of  offenses  enumerated  in  paragraph  (1.1)  of
subsection (g).
    Until   the   Department   of   State   Police   provides
notification, designated collection agencies are not required
to collect  blood  specimen  from  individuals  convicted  of
offenses enumerated in paragraphs (1.1) and (4) of subsection
(g).
    (h)  The Illinois Department of State Police shall be the
State  central  repository  for  all  genetic marker grouping
analysis information obtained  pursuant  to  this  Act.   The
Illinois  Department of State Police may promulgate rules for
the form and manner of the collection of  blood  samples  and
other   procedures  for  the  operation  of  this  Act.   The
provisions of the Administrative Review Law  shall  apply  to
all actions taken under the rules so promulgated.
    (i)  A  person required to provide a blood specimen shall
cooperate  with  the  collection  of  the  specimen  and  any
deliberate act by that person intended to  impede,  delay  or
stop  the  collection  of  the  blood  specimen  is a Class A
misdemeanor.
    (j)  Any person required  by  subsection  (a)  to  submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in  addition  to  any  other  disposition,  penalty,  or fine
imposed, shall pay an analysis fee of  $500.   Upon  verified
petition  of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not  have
the ability to pay the fee.
    (k)  All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
         (1)  The  State  Offender  DNA Identification System
    Fund is hereby created as a special  fund  in  the  State
    Treasury.
         (2)  All fees shall be collected by the clerk of the
    court   and   forwarded   to   the   State  Offender  DNA
    Identification System Fund for deposit.  The clerk of the
    circuit court may retain the  amount  of  $10  from  each
    collected  analysis  fee  to  offset administrative costs
    incurred in carrying  out  the  clerk's  responsibilities
    under this Section.
         (3)  Fees  deposited  into  the  State  Offender DNA
    Identification System Fund  shall  be  used  by  Illinois
    State  Police  crime  laboratories  as  designated by the
    Director of  State  Police.   These  funds  shall  be  in
    addition  to  any  allocations  made pursuant to existing
    laws and shall be designated for  the  exclusive  use  of
    State  crime  laboratories.   These uses may include, but
    are not limited to, the following:
              (A)  Costs incurred in providing  analysis  and
         genetic   marker   categorization   as  required  by
         subsection (d).
              (B)  Costs  incurred  in  maintaining   genetic
         marker groupings as required by subsection (e).
              (C)  Costs   incurred   in   the  purchase  and
         maintenance  of  equipment  for  use  in  performing
         analyses.
              (D)  Costs incurred in continuing research  and
         development  of  new  techniques  for  analysis  and
         genetic marker categorization.
              (E)  Costs  incurred  in  continuing education,
         training, and professional development  of  forensic
         scientists regularly employed by these laboratories.
    (l)  The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period  shall in no way alter the obligation of the person to
submit such  specimen,  or  the  authority  of  the  Illinois
Department  of  State  Police  or  persons  designated by the
Department to collect the specimen, or the authority  of  the
Illinois  Department  of  State Police to accept, analyze and
maintain the specimen or to maintain  or  upload  results  of
genetic  marker grouping analysis information into a State or
national database.
(Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
92-40, eff. 6-29-01.)

    Section 30. The Charitable Trust Act is amended by adding
Section 16.5 as follows:

    (760 ILCS 55/16.5 new)
    Sec. 16.5.  Terrorist acts.
    (a)  Any person or organization subject  to  registration
under  this  Act,  who knowingly acts to further, directly or
indirectly, or knowingly uses charitable assets to conduct or
further, directly or indirectly, an act  or  actions  as  set
forth in Article 29D of the Criminal Code of 1961, is thereby
engaged  in  an  act or actions contrary to public policy and
antithetical to charity, and all of the  funds,  assets,  and
records  of  the  person  or organization shall be subject to
temporary and permanent injunction from  use  or  expenditure
and  the appointment of a temporary and permanent receiver to
take possession of all of the assets and related records.
    (b) An ex parte action may be commenced by  the  Attorney
General, and, upon a showing of probable cause of a violation
of  this Section or Article 29D of the Criminal Code of 1961,
an immediate seizure of books and  records  by  the  Attorney
General by and through his or her assistants or investigators
or  the Department of State Police and freezing of all assets
shall be made by order of a  court  to  protect  the  public,
protect the assets, and allow a full review of the records.
    (c)  Upon  a  finding  by  a court after a hearing that a
person or organization has acted or is in violation  of  this
Section,  the  person    or organization shall be permanently
enjoined from soliciting   funds  from  the  public,  holding
charitable  funds, or acting as a trustee or fiduciary within
Illinois. Upon a finding of violation all  assets  and  funds
held  by the person or organization shall be forfeited to the
People of the State of Illinois or otherwise ordered  by  the
court to be accounted for and marshaled and then delivered to
charitable  causes  and  uses within the State of Illinois by
court order.
    (d)  A determination under this Section may  be  made  by
any  court  separate  and apart from any criminal proceedings
and  the  standard  of  proof  shall  be   that   for   civil
proceedings.
    (e)  Any  knowing  use of charitable assets to conduct or
further, directly or indirectly, an act or actions set  forth
in Article 29D of the Criminal Code of 1961 shall be a misuse
of charitable assets and breach of fiduciary duty relative to
all other Sections of this Act.

    Section  40.  The  Code  of Civil Procedure is amended by
changing Section 8-802 as follows:

    (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
    (Text of Section WITHOUT the changes made by  P.A.  89-7,
which has been held unconstitutional)
    Sec.  8-802.   Physician  and  patient.  No  physician or
surgeon shall be permitted to disclose any information he  or
she   may  have  acquired  in  attending  any  patient  in  a
professional  character,  necessary  to  enable  him  or  her
professionally to serve  the  patient,  except  only  (1)  in
trials  for  homicide when the disclosure relates directly to
the fact or immediate circumstances of the homicide,  (2)  in
actions,   civil  or  criminal,  against  the  physician  for
malpractice, (3) with the expressed consent of  the  patient,
or  in  case of his or her death or disability, of his or her
personal representative or other person authorized to sue for
personal injury or of the beneficiary of an insurance  policy
on his or her life, health, or physical condition, (4) in all
actions  brought  by  or  against  the  patient,  his  or her
personal representative, a  beneficiary  under  a  policy  of
insurance,  or  the  executor  or administrator of his or her
estate wherein the patient's physical or mental condition  is
an  issue, (5) upon an issue as to the validity of a document
as a will of the patient, (6) in any  criminal  action  where
the  charge  is  either  first  degree  murder  by  abortion,
attempted  abortion  or  abortion,  (7)  in actions, civil or
criminal, arising from the filing of a report  in  compliance
with the Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of  the  patient pursuant to State statute or any court order
of commitment, (9) in prosecutions where written  results  of
blood  alcohol  tests  are  admissible  pursuant  to  Section
11-501.4   of   the   Illinois   Vehicle  Code,  or  (10)  in
prosecutions where written results of blood alcohol tests are
admissible under Section 5-11a of the Boat  Registration  and
Safety  Act,  or  (11)  in  criminal actions arising from the
filing  of  a  report  of  suspected  terrorist  offense   in
compliance  with Section 29D-10(p)(7) of the Criminal Code of
1961.
    In the event of a conflict  between  the  application  of
this   Section   and  the  Mental  Health  and  Developmental
Disabilities Confidentiality Act to a specific situation, the
provisions   of   the   Mental   Health   and   Developmental
Disabilities Confidentiality Act shall control.
(Source: P.A. 87-803.)

    (720 ILCS 5/Article 29C rep.)
    Section 95. The Criminal  Code  of  1961  is  amended  by
repealing Article 29C.
    Section  96.   The  provisions  of this Act are severable
under Section 1.31 of the Statute on Statutes.

    Section 99. Effective date. This Act  takes  effect  upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Governor Amendatory Veto August 23, 2002.
    Amendatory Veto overriden December 05, 2002.
    Filed Without Signature December 05, 2002.
    Effective December 05, 2002.

[ Top ]