Bill Text: IL HB3989 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Transmitters of Money Act. Deletes provision that a person who engages in conduct requiring a license under the Act and fails to obtain a license from the Director is guilty of a Class 3 felony. Amends the Criminal Code of 2012. In the statute concerning money laundering, provides that the laundering of property of a value exceeding $1,000,000 is a Class X felony. Creates the offense of engaging in monetary transactions in criminally derived property and the offense of unlawful money transmitting business. Defines offenses and establishes penalties. Amends the Code of Criminal Procedure of 1963. Provides that 2 or more acts or transactions involving money laundering, engaging in monetary transactions in criminally derived property, unlawful money transmitting business, online sale of stolen property, online theft by deception, electronic fencing, or workers' compensation fraud, may be charged as a single offense in a single count of the same indictment, information, or complaint, if the acts or transactions by one or more defendants are in furtherance of a single intention and design or if the property, labor, or services obtained are of the same person or are of several persons having a common interest in the property, labor, or services. Amends the Unified Code of Corrections to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3989 Detail]

Download: Illinois-2015-HB3989-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3989 Introduced , by Rep. Ron Sandack SYNOPSIS AS INTRODUCED:
205 ILCS 657/90
720 ILCS 5/29B-1 from Ch. 38, par. 29B-1
720 ILCS 5/29B-2 new
720 ILCS 5/29B-3 new
725 ILCS 5/111-4
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
Amends the Transmitters of Money Act. Deletes provision that a person who engages in conduct requiring a license under the Act and fails to obtain a license from the Director is guilty of a Class 3 felony. Amends the Criminal Code of 2012. In the statute concerning money laundering, provides that the laundering of property of a value exceeding $1,000,000 is a Class X felony. Creates the offense of engaging in monetary transactions in criminally derived property and the offense of unlawful money transmitting business. Defines offenses and establishes penalties. Amends the Code of Criminal Procedure of 1963. Provides that 2 or more acts or transactions involving money laundering, engaging in monetary transactions in criminally derived property, unlawful money transmitting business, online sale of stolen property, online theft by deception, electronic fencing, or workers' compensation fraud, may be charged as a single offense in a single count of the same indictment, information, or complaint, if the acts or transactions by one or more defendants are in furtherance of a single intention and design or if the property, labor, or services obtained are of the same person or are of several persons having a common interest in the property, labor, or services. Amends the Unified Code of Corrections to make conforming changes.
LRB099 07390 RLC 27506 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3989 LRB099 07390 RLC 27506 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Transmitters of Money Act is amended by
changing Section 90 as follows:
(205 ILCS 657/90)
Sec. 90. Enforcement.
(a) If it appears to the Director that a person has
committed or is about to commit a violation of this Act, a rule
promulgated under this Act, or an order of the Director, the
Director may apply to the circuit court for an order enjoining
the person from violating or continuing to violate this Act,
the rule, or order and for injunctive or other relief that the
nature of the case may require and may, in addition, request
the court to assess a civil penalty up to $1,000 along with
costs and attorney fees.
(b) If the Director finds, after an investigation that he
considers appropriate, that a licensee or other person is
engaged in practices contrary to this Act or to the rules
promulgated under this Act, the Director may issue an order
directing the licensee or person to cease and desist the
violation. The Director may, in addition to or without the
issuance of a cease and desist order, assess an administrative

HB3989 - 2 - LRB099 07390 RLC 27506 b
penalty up to $1,000 against a licensee for each violation of
this Act or the rules promulgated under this Act. The issuance
of an order under this Section shall not be a prerequisite to
the taking of any action by the Director under this or any
other Section of this Act. The Director shall serve notice of
his action, including a statement of the reasons for his
actions, either personally or by certified mail, return receipt
requested. Service by mail shall be deemed completed if the
notice is deposited in the post office, postage paid, addressed
to the last known address for a license.
(c) In the case of the issuance of a cease and desist order
or assessment order, a hearing may be requested in writing
within 30 days after the date of service. The hearing shall be
held at the time and place designated by the Director in either
the City of Springfield or the City of Chicago. The Director
and any administrative law judge designated by him shall have
the power to administer oaths and affirmations, subpoena
witnesses and compel their attendance, take evidence,
authorize the taking of depositions, and require the production
of books, papers, correspondence, and other records or
information that he considers relevant or material to the
inquiry.
(d) After the Director's final determination under a
hearing under this Section, a party to the proceedings whose
interests are affected by the Director's final determination
shall be entitled to judicial review of that final

HB3989 - 3 - LRB099 07390 RLC 27506 b
determination under the Administrative Review Law.
(e) The costs for administrative hearings shall be set by
rule.
(f) Except as otherwise provided in this Act, a violation
of this Act shall subject to the party violating it to a fine
of $1,000 for each offense.
(g) Each transaction in violation of this Act or the rules
promulgated under this Act and each day that a violation
continues shall be a separate offense.
(h) A person who engages in conduct requiring a license
under this Act and fails to obtain a license from the Director
or knowingly makes a false statement, misrepresentation, or
false certification in an application, financial statement,
account record, report, or other document filed or required to
be maintained or filed under this Act or who knowingly makes a
false entry or omits a material entry in a document is guilty
of a Class 3 felony.
(i) The Director is authorized to compromise, settle, and
collect civil penalties and administrative penalties, as set by
rule, with any person for violations of this Act or of any rule
or order issued or promulgated under this Act. Any person who,
without the required license, engages in conduct requiring a
license under this Act shall be liable to the Department in an
amount equal to the greater of (i) $5,000 or (ii) an amount of
money accepted for transmission plus an amount equal to 3 times
the amount accepted for transmission. The Department shall

HB3989 - 4 - LRB099 07390 RLC 27506 b
cause any funds so recovered to be deposited in the TOMA
Consumer Protection Fund.
(j) The Director may enter into consent orders at any time
with a person to resolve a matter arising under this Act. A
consent order must be signed by the person to whom it is issued
and must indicate agreement to the terms contained in it. A
consent order need not constitute an admission by a person that
this Act or a rule or order issued or promulgated under this
Act has been violated, nor need it constitute a finding by the
Director that the person has violated this Act or a rule or
order promulgated under this Act.
(k) Notwithstanding the issuance of a consent order, the
Director may seek civil or criminal penalties or compromise
civil penalties concerning matter encompassed by the consent
order unless the consent order by its terms expressly precludes
the Director from doing so.
(l) Appeals from all final orders and judgments entered by
the circuit court under this Section in review of a decision of
the Director may be taken as in other civil actions by any
party to the proceeding.
(Source: P.A. 93-535, eff. 1-1-04.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 29B-1 and by adding Sections 29B-2 and 29B-3
as follows:

HB3989 - 5 - LRB099 07390 RLC 27506 b
(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, knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity, he or she conducts or attempts to
conduct such a financial transaction which in fact involves
criminally derived property:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) where he or she knows or reasonably should know
that the financial transaction is designed in whole or
in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(1.5) when he or she transports, transmits, or
transfers, or attempts to transport, transmit, or transfer
a monetary instrument:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) knowing, or having reason to know, that the

HB3989 - 6 - LRB099 07390 RLC 27506 b
financial transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; 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); or
(C) avoid a transaction reporting requirement
under State law,
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:
(0.5) "Knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity" means that the person knew the
property involved in the transaction represented proceeds

HB3989 - 7 - LRB099 07390 RLC 27506 b
from some form, though not necessarily which form, of
activity that constitutes a felony under State, federal, or
foreign law.
(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, use of safe deposit box, 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;

HB3989 - 8 - LRB099 07390 RLC 27506 b
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: (A) any
property, real or personal, constituting or derived from
proceeds obtained, directly or indirectly, from activity
that constitutes a felony under State, federal, or foreign
law; or (B) any property represented to be property
constituting or derived from proceeds obtained, directly
or indirectly, from activity that constitutes a felony
under State, federal, or foreign law.
(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 29D-15.1 (720 ILCS 5/29D-15.1) and any violation

HB3989 - 9 - LRB099 07390 RLC 27506 b
of Article 29D of this Code.
(7) "Director" means the Director of State Police or
his or her designated agents.
(8) "Department" means the Department of State Police
of the State of Illinois or its successor agency.
(9) "Transaction reporting requirement under State
law" means any violation as defined under the Currency
Reporting Act.
(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 but not exceeding $500,000 is a
Class 1 felony;
(4) Money laundering in violation of subsection (a)(2)
of this Section is a Class X felony;
(5) Laundering of criminally derived property of a
value exceeding $500,000 is a Class 1 non-probationable
felony;
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
this Section, the sentences are as follows:
(A) Laundering of property of a value not exceeding
$10,000 is a Class 3 felony;

HB3989 - 10 - LRB099 07390 RLC 27506 b
(B) Laundering of property of a value exceeding
$10,000 but not exceeding $100,000 is a Class 2 felony;
(C) Laundering of property of a value exceeding
$100,000 but not exceeding $500,000 is a Class 1
felony;
(D) Laundering of property of a value exceeding
$500,000 but not exceeding $1,000,000 is a Class 1
non-probationable felony.
(E) Laundering of property of a value exceeding
$1,000,000 is a Class X felony.
(d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some
form of criminally derived property or from some form of
unlawful activity:
(1) A financial transaction was conducted or
structured or attempted in violation of the reporting
requirements of any State or federal law; or
(2) A financial transaction was conducted or attempted
with the use of a false or fictitious name or a forged
instrument; or
(3) A falsely altered or completed written instrument
or a written instrument that contains any materially false
personal identifying information was made, used, offered
or presented, whether accepted or not, in connection with a
financial transaction; or

HB3989 - 11 - LRB099 07390 RLC 27506 b
(4) A financial transaction was structured or
attempted to be structured so as to falsely report the
actual consideration or value of the transaction; or
(5) A money transmitter, a person engaged in a trade or
business or any employee of a money transmitter or a person
engaged in a trade or business, knows or reasonably should
know that false personal identifying information has been
presented and incorporates the false personal identifying
information into any report or record; or
(6) The criminally derived property is transported or
possessed in a fashion inconsistent with the ordinary or
usual means of transportation or possession of such
property and where the property is discovered in the
absence of any documentation or other indicia of legitimate
origin or right to such property; or
(7) A person pays or receives substantially less than
face value for one or more monetary instruments; or
(8) A person engages in a transaction involving one or
more monetary instruments, where the physical condition or
form of the monetary instrument or instruments makes it
apparent that they are not the product of bona fide
business or financial transactions.
(e) Duty to enforce this Article.
(1) It is the duty of the Department of State Police,
and its agents, officers, and investigators, to enforce all
provisions of this Article, except those specifically

HB3989 - 12 - LRB099 07390 RLC 27506 b
delegated, and to cooperate with all agencies charged with
the enforcement of the laws of the United States, or of any
state, relating to money laundering. Only an agent,
officer, or investigator designated by the Director may be
authorized in accordance with this Section to serve seizure
notices, warrants, subpoenas, and summonses under the
authority of this State.
(2) Any agent, officer, investigator, or peace officer
designated by the Director may: (A) make seizure of
property pursuant to the provisions of this Article; and
(B) perform such other law enforcement duties as the
Director designates. It is the duty of all State's
Attorneys to prosecute violations of this Article and
institute legal proceedings as authorized under this
Article.
(f) Protective orders.
(1) Upon application of the State, the court may enter
a restraining order or injunction, require the execution of
a satisfactory performance bond, or take any other action
to preserve the availability of property described in
subsection (h) for forfeiture under this Article:
(A) upon the filing of an indictment, information,
or complaint charging a violation of this Article for
which forfeiture may be ordered under this Article and
alleging that the property with respect to which the
order is sought would be subject to forfeiture under

HB3989 - 13 - LRB099 07390 RLC 27506 b
this Article; or
(B) prior to the filing of such an indictment,
information, or complaint, if, after notice to persons
appearing to have an interest in the property and
opportunity for a hearing, the court determines that:
(i) there is probable cause to believe that the
State will prevail on the issue of forfeiture and
that failure to enter the order will result in the
property being destroyed, removed from the
jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of
the property through the entry of the requested
order outweighs the hardship on any party against
whom the order is to be entered.
Provided, however, that an order entered pursuant
to subparagraph (B) shall be effective for not more
than 90 days, unless extended by the court for good
cause shown or unless an indictment, information,
complaint, or administrative notice has been filed.
(2) A temporary restraining order under this
subsection may be entered upon application of the State
without notice or opportunity for a hearing when an
indictment, information, complaint, or administrative
notice has not yet been filed with respect to the property,
if the State demonstrates that there is probable cause to

HB3989 - 14 - LRB099 07390 RLC 27506 b
believe that the property with respect to which the order
is sought would be subject to forfeiture under this Section
and that provision of notice will jeopardize the
availability of the property for forfeiture. Such a
temporary order shall expire not more than 30 days after
the date on which it is entered, unless extended for good
cause shown or unless the party against whom it is entered
consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to
the expiration of the temporary order.
(3) The court may receive and consider, at a hearing
held pursuant to this subsection (f), evidence and
information that would be inadmissible under the Illinois
rules of evidence.
(4) Order to repatriate and deposit.
(A) In general. Pursuant to its authority to enter
a pretrial restraining order under this Section, the
court may order a defendant to repatriate any property
that may be seized and forfeited and to deposit that
property pending trial with the Illinois State Police
or another law enforcement agency designated by the
Illinois State Police.
(B) Failure to comply. Failure to comply with an
order under this subsection (f) is punishable as a
civil or criminal contempt of court.

HB3989 - 15 - LRB099 07390 RLC 27506 b
(g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
(h) Forfeiture.
(1) The following are subject to forfeiture:
(A) any property, real or personal, constituting,
derived from, or traceable to any proceeds the person
obtained directly or indirectly, as a result of a
violation of this Article;
(B) any of the person's property used, or intended
to be used, in any manner or part, to commit, or to
facilitate the commission of, a violation of this
Article;
(C) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or
concealment of property described in subparagraphs (A)
and (B), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this

HB3989 - 16 - LRB099 07390 RLC 27506 b
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Article;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he or she neither
had knowledge of nor consented to the act or
omission;
(D) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or
intended to be used, in any manner or part, to commit,
or in any manner to facilitate the commission of, any
violation of this Article or that is the proceeds of
any violation or act that constitutes a violation of
this Article.
(2) Property subject to forfeiture under this Article
may be seized by the Director or any peace officer upon
process or seizure warrant issued by any court having
jurisdiction over the property. Seizure by the Director or

HB3989 - 17 - LRB099 07390 RLC 27506 b
any peace officer without process may be made:
(A) if the seizure is incident to a seizure
warrant;
(B) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Article;
(C) if there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety;
(D) if there is probable cause to believe that the
property is subject to forfeiture under this Article
and the property is seized under circumstances in which
a warrantless seizure or arrest would be reasonable; or
(E) in accordance with the Code of Criminal
Procedure of 1963.
(3) In the event of seizure pursuant to paragraph (2),
forfeiture proceedings shall be instituted in accordance
with subsections (i) through (r).
(4) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under this Article. When property is seized under
this Article, the seizing agency shall promptly conduct an

HB3989 - 18 - LRB099 07390 RLC 27506 b
inventory of the seized property and estimate the
property's value and shall forward a copy of the inventory
of seized property and the estimate of the property's value
to the Director. Upon receiving notice of seizure, the
Director may:
(A) place the property under seal;
(B) remove the property to a place designated by
the Director;
(C) keep the property in the possession of the
seizing agency;
(D) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(E) place the property under constructive seizure
by posting notice of pending forfeiture on it, by
giving notice of pending forfeiture to its owners and
interest holders, or by filing notice of pending
forfeiture in any appropriate public record relating
to the property; or
(F) provide for another agency or custodian,
including an owner, secured party, or lienholder, to
take custody of the property upon the terms and
conditions set by the Director.
(5) When property is forfeited under this Article, the
Director shall sell all such property unless such property

HB3989 - 19 - LRB099 07390 RLC 27506 b
is required by law to be destroyed or is harmful to the
public, and shall distribute the proceeds of the sale,
together with any moneys forfeited or seized, in accordance
with paragraph (6). However, upon the application of the
seizing agency or prosecutor who was responsible for the
investigation, arrest or arrests and prosecution which
lead to the forfeiture, the Director may return any item of
forfeited property to the seizing agency or prosecutor for
official use in the enforcement of laws, if the agency or
prosecutor can demonstrate that the item requested would be
useful to the agency or prosecutor in its enforcement
efforts. When any real property returned to the seizing
agency is sold by the agency or its unit of government, the
proceeds of the sale shall be delivered to the Director and
distributed in accordance with paragraph (6).
(6) All monies and the sale proceeds of all other
property forfeited and seized under this Article shall be
distributed as follows:
(A) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State
law enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of
the law enforcement agency in the effort resulting in
the forfeiture, taking into account the total value of

HB3989 - 20 - LRB099 07390 RLC 27506 b
the property forfeited and the total law enforcement
effort with respect to the violation of the law upon
which the forfeiture is based. Amounts distributed to
the agency or agencies shall be used for the
enforcement of laws.
(B)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the county
treasury and appropriated to the State's Attorney for
use in the enforcement of laws. In counties over
3,000,000 population, 25% shall be distributed to the
Office of the State's Attorney for use in the
enforcement of laws. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund
of that office to be used for additional expenses
incurred in the investigation, prosecution and
appeal of cases arising under laws. The Office of
the State's Attorneys Appellate Prosecutor shall
not receive distribution from cases brought in
counties with over 3,000,000 population.

HB3989 - 21 - LRB099 07390 RLC 27506 b
(C) 10% shall be retained by the Department of
State Police for expenses related to the
administration and sale of seized and forfeited
property.
Moneys and the sale proceeds distributed to the
Department of State Police under this Article shall be
deposited in the Money Laundering Asset Recovery Fund
created in the State treasury and shall be used by the
Department of State Police for State law enforcement
purposes.
(i) Notice to owner or interest holder.
(1) Whenever notice of pending forfeiture or service of
an in rem complaint is required under the provisions of
this Article, such notice or service shall be given as
follows:
(A) If the owner's or interest holder's name and
current address are known, then by either personal
service or mailing a copy of the notice by certified
mail, return receipt requested, to that address. For
purposes of notice under this Section, if a person has
been arrested for the conduct giving rise to the
forfeiture, then the address provided to the arresting
agency at the time of arrest shall be deemed to be that
person's known address. Provided, however, if an owner
or interest holder's address changes prior to the
effective date of the notice of pending forfeiture, the

HB3989 - 22 - LRB099 07390 RLC 27506 b
owner or interest holder shall promptly notify the
seizing agency of the change in address or, if the
owner or interest holder's address changes subsequent
to the effective date of the notice of pending
forfeiture, the owner or interest holder shall
promptly notify the State's Attorney of the change in
address; or
(B) If the property seized is a conveyance, to the
address reflected in the office of the agency or
official in which title or interest to the conveyance
is required by law to be recorded, then by mailing a
copy of the notice by certified mail, return receipt
requested, to that address; or
(C) If the owner's or interest holder's address is
not known, and is not on record as provided in
paragraph (B), then by publication for 3 successive
weeks in a newspaper of general circulation in the
county in which the seizure occurred.
(2) Notice served under this Article is effective upon
personal service, the last date of publication, or the
mailing of written notice, whichever is earlier.
(j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the

HB3989 - 23 - LRB099 07390 RLC 27506 b
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
(k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the property
and all known interest holders of the property in
accordance with subsection (i) of this Section.
(2) The notice of pending forfeiture must include a

HB3989 - 24 - LRB099 07390 RLC 27506 b
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(3)(A) Any person claiming an interest in property
which is the subject of notice under paragraph (1) of this
subsection (k), must, in order to preserve any rights or
claims to the property, within 45 days after the effective
date of notice as described in subsection (i) of this
Section, file a verified claim with the State's Attorney
expressing his or her interest in the property. The claim
must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provision of law relied on in

HB3989 - 25 - LRB099 07390 RLC 27506 b
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim and deposits with the
State's Attorney a cost bond, in the form of a cashier's
check payable to the clerk of the court, in the sum of 10%
of the reasonable value of the property as alleged by the
State's Attorney or the sum of $100, whichever is greater,
upon condition that, in the case of forfeiture, the
claimant must pay all costs and expenses of forfeiture
proceedings, then the State's Attorney shall institute
judicial in rem forfeiture proceedings and deposit the cost
bond with the clerk of the court as described in subsection
(l) of this Section within 45 days after receipt of the
claim and cost bond. In lieu of a cost bond, a person
claiming interest in the seized property may file, under
penalty of perjury, an indigency affidavit which has been
approved by a circuit court judge.
(C) If none of the seized property is forfeited in the
judicial in rem proceeding, the clerk of the court shall
return to the claimant, unless the court orders otherwise,
90% of the sum which has been deposited and shall retain as
costs 10% of the money deposited. If any of the seized
property is forfeited under the judicial forfeiture
proceeding, the clerk of the court shall transfer 90% of

HB3989 - 26 - LRB099 07390 RLC 27506 b
the sum which has been deposited to the State's Attorney
prosecuting the civil forfeiture to be applied to the costs
of prosecution and the clerk shall retain as costs 10% of
the sum deposited.
(4) If no claim is filed or bond given within the 45
day period as described in paragraph (3) of this subsection
(k), the State's Attorney shall declare the property
forfeited and shall promptly notify the owner and all known
interest holders of the property and the Director of State
Police of the declaration of forfeiture and the Director
shall dispose of the property in accordance with law.
(l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the
following judicial in rem procedures shall apply:
(1) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45
days of the receipt of notice of seizure by the seizing
agency or the filing of the claim and cost bond, whichever
is later, the State's Attorney shall institute judicial
forfeiture proceedings by filing a verified complaint for
forfeiture and, if the claimant has filed a claim and cost
bond, by depositing the cost bond with the clerk of the

HB3989 - 27 - LRB099 07390 RLC 27506 b
court. When authorized by law, a forfeiture must be ordered
by a court on an action in rem brought by a State's
Attorney under a verified complaint for forfeiture.
(2) During the probable cause portion of the judicial
in rem proceeding wherein the State presents its
case-in-chief, the court must receive and consider, among
other things, all relevant hearsay evidence and
information. The laws of evidence relating to civil actions
apply to all other portions of the judicial in rem
proceeding.
(3) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property
in the action in rem. For purposes of this Section, the
owner or interest holder shall be referred to as claimant.
Upon motion of the State, the court shall first hold a
hearing, wherein any claimant must establish by a
preponderance of the evidence, that he or she has a lawful,
legitimate ownership interest in the property and that it
was obtained through a lawful source.
(4) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(A) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(B) the address at which the claimant will accept
mail;

HB3989 - 28 - LRB099 07390 RLC 27506 b
(C) the nature and extent of the claimant's
interest in the property;
(D) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(E) the name and address of all other persons known
to have an interest in the property;
(F) all essential facts supporting each assertion;
and
(G) the precise relief sought.
(5) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(6) The hearing must be held within 60 days after
filing of the answer unless continued for good cause.
(7) The State shall show the existence of probable
cause for forfeiture of the property. If the State shows
probable cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest
in the property is not subject to forfeiture.
(8) If the State does not show existence of probable
cause, the court shall order the interest in the property
returned or conveyed to the claimant and shall order all
other property forfeited to the State. If the State does
show existence of probable cause, the court shall order all
property forfeited to the State.
(9) A defendant convicted in any criminal proceeding is

HB3989 - 29 - LRB099 07390 RLC 27506 b
precluded from later denying the essential allegations of
the criminal offense of which the defendant was convicted
in any proceeding under this Article regardless of the
pendency of an appeal from that conviction. However,
evidence of the pendency of an appeal is admissible.
(10) An acquittal or dismissal in a criminal proceeding
does not preclude civil proceedings under this Article;
however, for good cause shown, on a motion by the State's
Attorney, the court may stay civil forfeiture proceedings
during the criminal trial for a related criminal indictment
or information alleging a money laundering violation. Such
a stay shall not be available pending an appeal. Property
subject to forfeiture under this Article shall not be
subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of
such property unless such return or release is consented to
by the State's Attorney.
(11) All property declared forfeited under this
Article vests in this State on the commission of the
conduct giving rise to forfeiture together with the
proceeds of the property after that time. Any such property
or proceeds subsequently transferred to any person remain
subject to forfeiture and thereafter shall be ordered
forfeited.
(12) A civil action under this Article must be
commenced within 5 years after the last conduct giving rise

HB3989 - 30 - LRB099 07390 RLC 27506 b
to forfeiture became known or should have become known or 5
years after the forfeitable property is discovered,
whichever is later, excluding any time during which either
the property or claimant is out of the State or in
confinement or during which criminal proceedings relating
to the same conduct are in progress.
(m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
(n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement.
(o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
(p) Construction. It is the intent of the General Assembly

HB3989 - 31 - LRB099 07390 RLC 27506 b
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
(q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
(r) Burden of proof of exemption or exception. It is not
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.
(s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending

HB3989 - 32 - LRB099 07390 RLC 27506 b
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.
(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)
(720 ILCS 5/29B-2 new)
Sec. 29B-2. Engaging in monetary transactions in
criminally derived property.
(a) A person commits engaging in monetary transactions in
criminally derived property when he or she knowingly engages or
attempts to engage in a monetary transaction in criminally
derived property of a value greater than $10,000.
(b) In a prosecution for an offense under this Section, the
State is not required to prove the defendant knew that the

HB3989 - 33 - LRB099 07390 RLC 27506 b
offense from which the criminally derived property was derived
constituted a felony under State, federal, or foreign law.
(c) Engaging in monetary transactions in property derived
from specified unlawful activity occurs in the county from
which the monetary transaction is sent, if the monetary
transaction is sent from within this State, and the county
within this State in which a monetary transaction is received.
(d) As used in this Section:
(1) "Monetary transaction" means the deposit,
withdrawal, transfer, or exchange of funds or a monetary
instrument (as defined in paragraph (3) of subsection (b)
of Section 29B-1 of this Code) by, through, or to a
financial institution (as defined in paragraph (2) of
subsection (b) of Section 29B-1 of this Code), including
any transaction that would be a financial transaction under
paragraph (1) of subsection (b) of Section 29B-1 of this
Code, but that term does not include any transaction
necessary to preserve a person's right to representation as
guaranteed by the Sixth Amendment to the United States
Constitution.
(2) "Criminally derived property" has the meaning
given that term in paragraph (4) of subsection (b) of
Section 29B-1 of this Code.
(e) Duty to enforce; protective orders; seizure warrants;
and forfeiture. All provisions of subsections (e) through (s)
of Section 29B-1 of this Code are incorporated by reference

HB3989 - 34 - LRB099 07390 RLC 27506 b
into this Section.
(f) Sentence.
(1) Engaging in monetary transactions in criminally
derived property exceeding $10,000 but not exceeding
$100,000 is a Class 2 felony.
(2) Engaging in monetary transactions in criminally
derived property exceeding $100,000 but not exceeding
$500,000 is a Class 1 felony.
(3) Engaging in monetary transactions in criminally
derived property exceeding $500,000 but not exceeding
$1,000,000 is a Class 1 non-probationable felony.
(4) Engaging in monetary transactions in criminally
derived property exceeding $1,000,000 is a Class X felony.
(g) Fines. The court may impose an alternate fine to that
imposable under paragraph (f) of not more than twice the amount
of the criminally derived property involved in the transaction.
(720 ILCS 5/29B-3 new)
Sec. 29B-3. Unlawful money transmitting business.
(a) A person commits unlawful money transmitting business
when he or she knowingly conducts, controls, manages,
supervises, directs, or owns all or part of an unlawful money
transmitting business.
(b) As used in this Section:
"Money transmitting" means the transmission of money
by any means, including transporting, transferring,

HB3989 - 35 - LRB099 07390 RLC 27506 b
exchanging, or transmitting to or from locations within the
United States or to and from locations outside of the
United States by payment instrument, facsimile or
electronic transfer, or otherwise, and includes bill
payment services.
"Money transmitting business" means any business other
than the exemptions under Section 15 of the Transmitters of
Money Act, which provides check cashing, currency
exchange, money transmitting or remittance services, or
issues, sells, or redeems money orders, travelers' checks,
prepaid access devices, digital currencies, or other
similar instruments, or any other person or association of
persons, formal or informal, engaging as a business in
transporting, transferring, exchanging, or transmitting
currency or funds in any form, including any person or
association of persons, formal or informal, engaging as a
business in any informal money transfer system, monetary
value represented in digital electronic format, or any
network of persons who engage as a business in facilitating
the transfer of money domestically or internationally
outside of the conventional financial institutions system.
"Payment instrument" means a check, draft, money
order, traveler's check, stored value card, digital
currencies, or other similar instrument, or other
instrument or memorandum, written order or written receipt
for the transmission or payment of money sold or issued to

HB3989 - 36 - LRB099 07390 RLC 27506 b
one or more persons whether or not that instrument or order
is negotiable. Payment instrument does not include an
instrument that is redeemable by the issuer in merchandise
or service, a credit card voucher, or a letter of credit. A
written order for the transmission or payment of money that
results in the issuance of a check, draft, money order,
traveler's check, or other instrument or memorandum is not
a payment instrument.
"Unlawful money transmitting business" means a money
transmitting business which:
(1) is operated without an appropriate money
transmitting license as required under Section 10 of
the Transmitters of Money Act, whether or not the
defendant knew that the operation was required to be
licensed or that the operation was so punishable; or
(2) otherwise involves the transportation,
transfer, exchange, or transmission of funds that are
known to the defendant to have been derived from a
criminal offense or are intended to be used to promote
or support unlawful activity.
(c) Duty to enforce; protective orders; seizure warrants;
and forfeiture. All provisions of subsections (e) through (s)
of Section 29B-1 of this Code are incorporated by reference
into this Section.
(d) Sentence.
(1) Unlawful money transmitting business where the

HB3989 - 37 - LRB099 07390 RLC 27506 b
value of the funds does not exceed $10,000 is a Class 3
felony.
(2) Unlawful money transmitting business where the
value of the funds exceeds $10,000 but does not exceed
$100,000 is a Class 2 felony.
(3) Unlawful money transmitting business where the
value of the funds exceeds $100,000 but does not exceed
$500,000 is a Class 1 felony.
(4) Unlawful money transmitting business where the
value of the funds exceeds $500,000 but does not exceed
$1,000,000 is a Class 1 non-probationable felony.
(5) Unlawful money transmitting business where the
value of the funds exceeds $1,000,000 is a Class X felony.
Section 15. The Code of Criminal Procedure of 1963 is
amended by changing Section 111-4 as follows:
(725 ILCS 5/111-4)
Sec. 111-4. Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same
indictment, information or complaint in a separate count for
each offense if the offenses charged, whether felonies or
misdemeanors or both, are based on the same act or on 2 or more
acts which are part of the same comprehensive transaction.
(b) Two or more defendants may be charged in the same
indictment, information or complaint if they are alleged to

HB3989 - 38 - LRB099 07390 RLC 27506 b
have participated in the same act or in the same comprehensive
transaction out of which the offense or offenses arose. Such
defendants may be charged in one or more counts together or
separately and all of the defendants need not be charged in
each count.
(c) Two or more acts or transactions in violation of any
provision or provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and
8A-5 of the Illinois Public Aid Code, Section 14 of the
Illinois Wage Payment and Collection Act, Section 25.5 of the
Workers' Compensation Act, Sections 16-1, 16-1.3, 16-2, 16-3,
16-5, 16-7, 16-8, 16-10, 16-25, 16-30, 16-40, 16A-3, 16B-2,
16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45,
16H-50, 16H-55, 17-1, 17-3, 17-6, 17-6.3, 17-10.6, 17-30,
17-56, or 17-60, 29B-1, 29B-2, or 29B-3, or item (ii) of
subsection (a) or (b) of Section 17-9, or subdivision (a)(1)
(a)(2) of Section 17-10.5, or subsection (a), (b), (c), (d),
(g), (h), or (i) of Section 17-10.6, or subsection (a) of
Section 17-32 of the Criminal Code of 1961 or the Criminal Code
of 2012 and Section 118 of Division I of the Criminal
Jurisprudence Act, may be charged as a single offense in a
single count of the same indictment, information or complaint,
if such acts or transactions by one or more defendants are in
furtherance of a single intention and design or if the
property, labor or services obtained are of the same person or
are of several persons having a common interest in such
property, labor or services. In such a charge, the period

HB3989 - 39 - LRB099 07390 RLC 27506 b
between the dates of the first and the final such acts or
transactions may be alleged as the date of the offense and, if
any such act or transaction by any defendant was committed in
the county where the prosecution was commenced, such county may
be alleged as the county of the offense.
(Source: P.A. 96-354, eff. 8-13-09; 96-1207, eff. 7-22-10;
96-1407, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff.
8-12-11; 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13.)
Section 20. The Unified Code of Corrections is amended by
changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.

HB3989 - 40 - LRB099 07390 RLC 27506 b
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) or (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine,
fentanyl, or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 2 or greater felony) classified as a Class
2 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.

HB3989 - 41 - LRB099 07390 RLC 27506 b
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property

HB3989 - 42 - LRB099 07390 RLC 27506 b
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of

HB3989 - 43 - LRB099 07390 RLC 27506 b
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a

HB3989 - 44 - LRB099 07390 RLC 27506 b
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(EE) Engaging in monetary transactions in criminally
derived property exceeding $500,000.
(FF) Unlawful money transmitting business where the
value of the funds exceeds $500,000.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall

HB3989 - 45 - LRB099 07390 RLC 27506 b
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and

HB3989 - 46 - LRB099 07390 RLC 27506 b
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and

HB3989 - 47 - LRB099 07390 RLC 27506 b
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).

HB3989 - 48 - LRB099 07390 RLC 27506 b
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision

HB3989 - 49 - LRB099 07390 RLC 27506 b
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.

HB3989 - 50 - LRB099 07390 RLC 27506 b
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying

HB3989 - 51 - LRB099 07390 RLC 27506 b
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately

HB3989 - 52 - LRB099 07390 RLC 27506 b
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the

HB3989 - 53 - LRB099 07390 RLC 27506 b
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the

HB3989 - 54 - LRB099 07390 RLC 27506 b
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

HB3989 - 55 - LRB099 07390 RLC 27506 b
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a

HB3989 - 56 - LRB099 07390 RLC 27506 b
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school

HB3989 - 57 - LRB099 07390 RLC 27506 b
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be developmentally
disabled or otherwise mentally incapable of completing the
educational or vocational program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the

HB3989 - 58 - LRB099 07390 RLC 27506 b
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional sentence credit for good conduct as provided
under Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds

HB3989 - 59 - LRB099 07390 RLC 27506 b
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
eff. 7-16-14.)