Bill Text: IL HB6167 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Adds the Gang Influenced and Criminal Organizations Law (GICO) as a new Article of the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in the enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. Defines "pattern of predicate activity". Provides criminal penalties and for seizure and forfeiture of property derived from the pattern of predicate activity. Amends the Code of Criminal Procedure of 1963. Authorizes the court to issue 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 predicate activity under GICO. Amends the Statewide Grand Jury Act. Permits the convening of a Statewide Grand Jury to investigate and return indictments for violations of the Gang Influenced and Criminal Organizations Law. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6167 Detail]

Download: Illinois-2011-HB6167-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6167 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED:
See Index
Amends the Criminal Code of 1961. Adds the Gang Influenced and Criminal Organizations Law (GICO) as a new Article of the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in the enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. Defines "pattern of predicate activity". Provides criminal penalties and for seizure and forfeiture of property derived from the pattern of predicate activity. Amends the Code of Criminal Procedure of 1963. Authorizes the court to issue 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 predicate activity under GICO. Amends the Statewide Grand Jury Act. Permits the convening of a Statewide Grand Jury to investigate and return indictments for violations of the Gang Influenced and Criminal Organizations Law. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Article 33G as follows:
(720 ILCS 5/Art. 33G heading new)
ARTICLE 33G. GANG INFLUENCED AND CRIMINAL ORGANIZATIONS LAW
(720 ILCS 5/33G-1 new)
Sec. 33G-1. Short title. This Article may be cited as the
Gang Influenced and Criminal Organizations Law (or "GICO").
(720 ILCS 5/33G-5 new)
Sec. 33G-5. Definitions. As used in this Article:
(a) "Another state" means any state of the United States
(other than the State of Illinois), or the District of
Columbia, or the Commonwealth of Puerto Rico, or any territory
or possession of the United States, or any political
subdivision, or any department, agency, or instrumentality
thereof.
(b) "Enterprise" includes (1) any individual, sole
proprietorship, partnership, corporation, association,
business or charitable trust or other legal entity, and (2) any

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union or group of individuals, sole proprietorships,
partnerships, corporations, associations, business or
charitable trusts or other legal entities, or any combination
thereof, associated in fact although not itself a legal entity.
An association in fact must be held together by a common
purpose, apart from an individual purpose or purposes, but it
need not be hierarchically structured or otherwise specially
configured. As used in this Article, "enterprise" includes
licit and illicit enterprises, as well as the State of Illinois
and any political subdivision, or any department, agency, or
instrumentality thereof.
(c) "Predicate activity" means:
(1) any act, attempt, endeavor, solicitation, or
conspiracy that is punishable by imprisonment for more than
one year, and constitutes a violation or violations of any
of the following provisions of the laws of the State of
Illinois (as amended or revised as of the date the activity
occurred or, in the instance of a continuing offense, the
date that charges under this Article are filed in a
particular matter in the State of Illinois):
(i) under the Criminal Code of 1961: 8-1.2
(solicitation of murder for hire), 9-1 (first degree
murder), 9-3.3 (drug-induced homicide), 9-3.4 or 9-3.1
(concealment of homicidal death), 10-1 (kidnapping),
10-2 (aggravated kidnapping), 10-3 (unlawful
restraint), 10-3.1 (aggravated unlawful restraint),

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10-4 (forcible detention), 10-5 (child abduction),
10-7 (aiding and abetting child abduction), 10-9
(trafficking in persons, involuntary servitude, and
related offenses), 11-1.20 or 12-13 (criminal sexual
assault), 11-1.30 or 12-14 (aggravated criminal sexual
assault), 11-1.40 or 12-14.1 (predatory criminal
sexual assault of a child), 11-1.60 or 12-16
(aggravated criminal sexual abuse), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9.1 (sexual exploitation
of a child), 11-9.2 (custodial sexual misconduct),
11-14.3(a)(2)(A) and (a)(2)(B) (promoting
prostitution), 11-14.4 (promoting juvenile
prostitution), 11-15.1 (soliciting for a juvenile
prostitute), 11-16 (pandering), 11-17.1 (keeping a
place of juvenile prostitution), 11-18.1 (patronizing
a minor engaged in prostitution; patronizing a
juvenile prostitute), 11-19.1 (juvenile pimping and
aggravated juvenile pimping), 11-19.2 (exploitation of
a child), 12-2 (aggravated assault), 12-3.05 or 12-4
(aggravated battery), 12-4.1 (heinous battery), 12-4.2
(aggravated battery with a firearm), 12-4.2-5
(aggravated battery with a machine gun or
silencer-equipped firearm), 12-4.7 (drug-induced
infliction of great bodily harm), 12-6.4 (criminal
street gang recruitment), 12-6.5 or 12-6.1 (compelling

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organization membership of persons), 12-7.3
(stalking), 12-7.4 (aggravated stalking), 12-7.5
(cyber-stalking), 12-11 (home invasion), 12-11.1
(vehicular invasion), 18-1 (robbery), 18-2 (armed
robbery), 18-3 (vehicular hijacking), 18-4 (aggravated
vehicular hijacking), 18-5 (aggravated robbery), 19-1
(burglary), 19-2 (possession of burglary tools), 19-3
(residential burglary), 20-1 (arson), 20-1.1
(aggravated arson), 20-1.2 (residential arson), 20-1.3
(place of worship arson), 20-2 (possession of
explosives), 24-1.2 (aggravated discharge of a
firearm), 24-1.2-5 (aggravated discharge of a machine
gun or silencer equipped firearm), 24-1.6 (aggravated
unlawful use of a weapon), 24-1.8 (unlawful possession
of a firearm by a street gang member), 24-2.2 (unlawful
ammunition), 24-3 (unlawful sale of firearms), 24-3.2
(unlawful discharge of firearm projectiles), 24-3.9 or
16-16.1 (aggravated possession of a stolen firearm),
24-3A (gunrunning), 24-5 (defacing a firearm), 26-5
(dog-fighting), 29D-14.9 or 29D-30 (terrorism), 29D-15
(soliciting support for terrorism), 29D-15.1 or 20.5-5
(causing a catastrophe), 29D-15.2 or 20.5-6
(possession of a deadly substance), 29D-20 (making a
terrorist threat), 29D-25 (falsely making a terrorist
threat), 29D-29.9 (material support for terrorism),
29D-35 (hindering prosecution of terrorism), 31A-1.2

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(unauthorized contraband in a penal institution), or
33A-3 (armed violence);
(ii) under the Cannabis Control Act: Sections 5
(manufacture or delivery of cannabis), 5.1 (cannabis
trafficking), or 8 (production or possession of
cannabis plants);
(iii) under the Illinois Controlled Substances
Act: Sections 401 (manufacture or delivery of a
controlled substance), 401.1 (controlled substance
trafficking), 405 (calculated criminal drug
conspiracy), 405.1 (criminal drug conspiracy), 405.2
(street gang criminal drug conspiracy), or 406.1
(unlawful use of buildings to produce controlled
substances);
(iv) under the Methamphetamine Control and
Community Protection Act: Sections 15 (methamphetamine
manufacturing), or 55 (methamphetamine delivery); or
(2) any act, attempt, endeavor, solicitation, or
conspiracy involving predicate activity.
(d) "Pattern of predicate activity" means: (1) at least 2
occurrences of predicate activity related to the affairs of an
enterprise in the form of an act, attempt, endeavor,
solicitation, or conspiracy, or any combination thereof; and
(2) at least one of which falls after the effective date of
this Article, and the last of which falls within 10 years
(excluding any period of imprisonment) after the prior

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occurrence of predicate activity.
(e) "Unlawful debt" means a debt (1) incurred or contracted
in the business of gambling activity that was in violation of
the law of the United States, or the State of Illinois or
another state, or any political subdivision thereof, and that
is unenforceable under Federal law, or the laws of the State of
Illinois or another state, in whole or in part as to principal
or interest, or (2) that was incurred in connection with the
business of lending money or other things of value in violation
of the laws of the United States, or the laws of the State of
Illinois or another state, or a political subdivision thereof,
at a rate usurious under Federal law, or the laws of the State
of Illinois or another state, where the usurious rate is at
least twice the enforceable rate.
(f) "Unlawful death" includes the following offenses under
the Criminal Code of 1961: Section 9-1 (first degree murder),
9-2 (second degree murder), 9-3 (voluntary manslaughter and
reckless homicide), or 9-3.2 (involuntary manslaughter).
(g) "GICO prosecutor" means any State's Attorney, or any of
his or her representatives so designated by the State's
Attorney, under the laws or regulations of the State or any
political subdivision thereof, who is charged with the duty of
enforcing or carrying into effect this Article. "Prosecutor"
also includes the Attorney General upon the granting of an
application under the Statewide Grand Jury Act.

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(720 ILCS 5/33G-10 new)
Sec. 33G-10. Prohibited activities. Under this Article:
(a) It is unlawful for any person: (1) who is employed by
or associated with any enterprise, knowingly to conduct or
participate, directly or indirectly, in the enterprise's
affairs through either a pattern of predicate activity or the
collection of unlawful debt; or (2) knowingly to acquire or
maintain, directly or indirectly, through either a pattern of
predicate activity or the collection of unlawful debt, any
interest in, or control of, to any degree, of any enterprise,
real property, or personal property of any character, including
money.
(b) It is unlawful for any person knowingly to attempt to
violate, or knowingly conspire to violate, this Article.
Notwithstanding any other provision of law, in any prosecution
for a conspiracy to violate this Article, no person may be
convicted of the conspiracy unless an overt act in furtherance
of the agreement is alleged and proved to have been committed
by him or by a coconspirator. The commission of the overt act
need not itself constitute predicate activity underlying the
specific violation of this Article.
(c) The application of a remedy under this Article shall
not preclude the application of other criminal, civil or
administrative remedies under this Article or any other
provision of law. Any person prosecuted under this Article may
be convicted and sentenced either: (1) for the offense of

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attempting or conspiring to violate this Article, and for any
other particular offense or offenses that may constitute an
object of the attempt or conspiracy to violate this Article; or
(2) for the substantive offense of violating this Article, and
for any other particular offense or offenses that may
constitute predicate activity underlying a violation of this
Article.
(d) It is not a defense to any violation of this Article
that a defendant has been formerly prosecuted for an offense
based upon the same facts, within the meaning of Section 3-4 of
this Code, that thereafter serves as any portion of the
underlying predicate activity in a subsequent prosecution for
any violation of this Article, unless the former prosecution
was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with
any fact necessary to a conviction in the subsequent
prosecution under this Article.
(720 ILCS 5/33G-15 new)
Sec. 33G-15. Penalties. Under this Article,
notwithstanding any other provision of law:
(a) Any violation of this Article shall be sentenced as a
Class X felony with a term of imprisonment of not less than 6
years and not more than 30 years, and the sentence imposed
shall also include restitution or a criminal fine, or both,
jointly and severally, up to $250,000 or twice the gross amount

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of any intended loss of the violation, if any, whichever is
higher.
(b) Wherever the unlawful death of any person or persons
results as a necessary or natural consequence of any violation
of this Article, the sentence imposed on the defendant shall
include an enhanced term of imprisonment of at least 25 years
up to natural life, in addition to any other penalty imposed by
the court, provided: (1) the death or deaths were reasonably
foreseeable to the defendant to be sentenced; and (2) the death
or deaths occurred when the defendant was otherwise engaged in
the violation of this Article as a whole.
(c) A sentence of probation, periodic imprisonment,
conditional discharge, impact incarceration or county impact
incarceration, court supervision, withheld adjudication, or
any pretrial diversionary sentence or suspended sentence, is
not authorized for a violation of this Article.
(720 ILCS 5/33G-20 new)
Sec. 33G-20. Remedial proceedings, procedures, and
forfeiture. Under this Article:
(a) The courts shall have jurisdiction to prevent and
restrain violations of this Article by issuing appropriate
orders, including: (1) ordering any person to disgorge illicit
proceeds obtained by a violation of this Article or divest
himself or herself of any interest, direct or indirect, in any
enterprise or real or personal property of any character,

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including money, obtained, directly or indirectly, by a
violation of this Article; (2) imposing reasonable
restrictions on the future activities or investments of any
person or enterprise, including prohibiting any person or
enterprise from engaging in the same type of endeavor as the
person or enterprise engaged in, that violated this Article; or
(3) ordering dissolution or reorganization of any enterprise,
making due provision for the rights of innocent persons.
(b) The United States, another state, or the State of
Illinois, or any political subdivision, or any department,
agency, or instrumentality thereof, or any person (subject to a
substantially equal involvement defense) or the person's
estate, injured in his or her person, business, or property by
reason of a violation, directly or indirectly, of this Article,
may sue in any appropriate court and shall recover threefold
any damages sustained and the costs of the suit, including a
reasonable attorney's fee at the trial and appellate level, and
any equitable remedy justice requires, including injunctions,
declaratory judgments, divestiture, accounting or
disgorgement. Pending final determination thereof, the court
may at any time enter the restraining orders or prohibitions,
or take other actions, including the acceptance of satisfactory
performance bonds, as it shall deem proper. Satisfactory
performance bonds shall not be required of the United States,
another state, or the State of Illinois, or any political
subdivision, or any department, agency, or instrumentality

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thereof. The existence of a criminal conviction or
investigation for the alleged violation of this Article is not
a prerequisite to any proceeding hereunder, but a final
judgment entered in favor of the People of the State of
Illinois in any criminal proceeding brought under this Article
shall estop the defendant in the criminal case from denying the
material allegations of the criminal violation in any
subsequent civil or administrative proceeding brought under
this Article.
(c) Notwithstanding any other provision of law, the court
shall, for any violation of this Article, order criminal or
civil forfeiture, in personam or in rem, jointly and severally,
of any interest or property the person has acquired or
maintained in violation of this Article, or any interest in,
security of, or claim against, or property or contractual right
of any kind affording a source of influence of any degree over,
any enterprise that the person has established, operated,
controlled, conducted, or participated in, in violation of this
Article, as well as any property constituting, or derived from,
any proceeds, including money, that the person obtained,
directly or indirectly, from predicate activity or unlawful
debt collection in violation of this Article. Any court, in
imposing sentence on the person, shall order, in addition to
any other sentence imposed under this Article, that the person
forfeit to the State of Illinois all property described in this
Article. The property and interests subject to criminal or

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civil forfeiture under this Article include any real property,
including things growing on, affixed to, and found in land, and
any tangible and intangible personal property, including
rights, privileges, interests, claims, and securities. All
right, title, and interest in property described in this
Article vests in the State of Illinois upon the inception of
the illicit agreement or commission of any act otherwise giving
rise to forfeiture under this Article. The court shall further
order the criminal or civil forfeiture of any other property of
the defendant up to the value of the property described in this
Article if, as a result of any act or omission of the
defendant, the property subject to forfeiture: (1) cannot be
located upon the exercise of due diligence; (2) has been
transferred or sold to, or deposited with, a third party; (3)
has been placed beyond the jurisdiction of the court; (4) has
been substantially diminished in value; or (5) has been
commingled with other property that cannot be divided without
difficulty.
(d) Any property subject to criminal or civil forfeiture
under this Article that is subsequently transferred to a person
other than a defendant may be the subject of a special verdict
of forfeiture and thereafter shall be ordered forfeited to the
State of Illinois, unless the transferee petitions the court
and establishes in a hearing before the court, without a jury,
that he or she is a bona fide purchaser for value of the
property who at the time of purchase was reasonably without

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cause to believe that the property was subject to forfeiture
under this Article. The petition shall be signed by the
petitioner under penalty of perjury and shall set forth the
nature and extent of the petitioner's right, title, or interest
in the property, the time and circumstances of the petitioner's
acquisition of the right, title, or interest in the property,
any additional facts supporting the petitioner's claim, and the
relief sought. The hearing on the petition shall, to the extent
practicable and consistent with the interests of justice, be
held as soon as possible after completion of the criminal
proceedings, if any, under this Article. The court may
consolidate the hearing on the petition with a hearing on any
other petition filed by a person other than the defendant under
this Article. Following the court's disposition of all
petitions filed under this Article, or if no petitions are
filed then within 90 days of the completion of criminal or
civil proceedings under this Article, the State of Illinois
shall have clear title to property that is the subject of the
order of forfeiture and may warrant good title to any
subsequent purchaser or transferee. In addition to testimony
and evidence presented at the hearing, the court shall consider
the relevant portions of the record of any criminal case that
resulted in, or relates to, the order of forfeiture. After the
hearing, the court shall amend the order of forfeiture if the
court determines that the petitioner has established by a
preponderance of the evidence that:

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(1) the petitioner has a legal right, title, or
interest in the property, and the right, title, or interest
renders the order of forfeiture invalid in whole or in part
because the right, title, or interest was vested in the
petitioner rather than the defendant or was superior to any
right, title, or interest of the defendant at the time of
the commission of the acts that gave rise to the forfeiture
of the property under this Article; or
(2) the petitioner is a bona fide purchaser for value
of the right, title, or interest in the property and was at
the time of purchase reasonably without cause to believe
that the property was subject to forfeiture under this
Article.
(e) Upon application of a GICO prosecutor, 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 this Article
for forfeiture under this Article:
(1) upon the filing of an indictment or information
charging a violation of this Article and alleging that the
property with respect to which the order is sought would,
in the event of conviction, be subject to forfeiture under
this Article; or
(2) prior to the filing of an indictment or
information, if, after notice to persons appearing to have
an interest in the property and opportunity for a hearing,

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the court determines that: (A) there is a substantial
probability that the prosecutor 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 (B) 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 that any order
entered be effective for not more than 90 days, unless
extended by the court for good cause shown or unless an
indictment or information described in this Article has
been filed.
A temporary restraining order under this Article may be
entered upon application of a prosecutor without notice or
opportunity for a hearing when an information or indictment has
not yet been filed with respect to the property, if the
prosecutor demonstrates that there is probable cause to believe
that the property with respect to which the order is sought
would, in the event of conviction, be subject to forfeiture
under this Article and that provision of notice will jeopardize
the integrity of an investigation, the safety of any persons,
or the availability of the property for forfeiture. A temporary
order shall expire not more than 10 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

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extension for a longer period. A hearing requested concerning
an order entered under this Article shall be held at the
earliest possible time, and prior to the expiration of the
temporary order. The court may receive and consider, at a
hearing held under this Article, evidence and information that
would be otherwise inadmissible under the rules of evidence,
and the evidence shall be heard by the court without a jury.
(f) Upon conviction of a person under this Article or upon
the completion of appropriate civil proceedings under this
Article, the court shall enter a judgment of forfeiture of the
property to the State of Illinois and shall authorize the
prosecutor or his or her agent to seize all property ordered
forfeited upon the terms and conditions as the court shall deem
proper. Following the entry of an order declaring the property
forfeited, the court may, upon application of a prosecutor or
investigator, enter the appropriate restraining orders or
injunctions, require the execution of satisfactory performance
bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect
the interest of the State of Illinois in the property ordered
forfeited. Any income accruing to, or derived from, an
enterprise or an interest in an enterprise that has been
ordered forfeited under this Article may be used to offset
ordinary and necessary expenses to the enterprise which are
required by law, or which are necessary to protect the
interests of the State of Illinois or third parties.

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(g) Following the seizure of property ordered forfeited
under this Article, the prosecutor or his or her agent shall
direct the disposition of the property by sale or any other
commercially feasible means, making due provision for the
rights of any innocent persons. Any property right or interest
not exercisable by, or transferable for value to, the State of
Illinois shall expire and shall not revert to the defendant,
nor shall the defendant or any person acting in concert with or
on behalf of the defendant be eligible to purchase forfeited
property at any sale held by the prosecutor or his or her
agent. Upon application of a person, other than the defendant
or a person acting in concert with or on behalf of the
defendant, the court may restrain or stay the sale or
disposition of the property pending the conclusion of any
appeal of the criminal case giving rise to the forfeiture, if
the applicant demonstrates that proceeding with the sale or
disposition of the property will result in irreparable injury,
harm or loss to him or her. At the direction of the court, the
proceeds of any sale or other disposition of property forfeited
under this Article and any moneys forfeited shall be used to
pay all proper expenses consisting of the costs of the
investigation, the prosecution thereof, and any related
remedial proceedings under this Article, as well as the
forfeiture and sale, including any expenses of seizure,
maintenance or custody of the property pending its disposition,
advertising and court costs. The prosecutor shall deposit in

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the treasury of the State of Illinois 75% of any amounts of the
proceeds or moneys remaining after the payment of the proper
expenses, which money or proceeds shall thereafter be disposed
of as prescribed by law, and the prosecutor shall retain
directly the final 25% of the proceeds or moneys for the
general purposes of fulfilling the duties of his or her office,
or for equitable sharing, as directed by the prosecutor, among
those investigators participating in the investigation, the
prosecution thereof, and or any related remedial proceedings
under this Article.
(h) With respect to property ordered forfeited under this
Article, the court is authorized to: (1) grant petitions for
mitigation or remission of forfeiture, restore forfeited
property to victims of a violation of this Article, or take any
other action to protect the rights of innocent persons that is
in the interest of justice and that is not inconsistent with
the provisions of this Article; (2) compromise claims arising
under this Article; (3) award compensation to persons providing
information resulting in a forfeiture under this Article; (4)
direct the disposition by public sale by the prosecutor or his
or her agent of all property ordered forfeited under this
Article or direct any other commercially feasible means, making
due provision for the rights of innocent persons; and (5) take
appropriate measures necessary to safeguard and maintain
property ordered forfeited under this Article pending its
disposition.

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(i) Except as provided in this Article, no party claiming
an interest in property subject to forfeiture under this
Article may: (1) intervene in any trial or appeal of a criminal
case involving the forfeiture of the property under this
Article; or (2) commence an action at law or equity against the
State of Illinois, or against any prosecutor or investigator,
concerning the actions taken under this Article or concerning
the validity of an alleged interest in the property subsequent
to the filing of an indictment or information alleging that the
property is subject to forfeiture under this Article.
(j) In order to facilitate the identification or location
of property declared forfeited and to facilitate the
disposition of petitions for remission or mitigation of
forfeiture, after the entry of an order declaring property
forfeited to the State of Illinois, the court may, upon
application of the prosecutor, order that the testimony of any
witness relating to the property forfeited be taken by
deposition and that any designated book, paper, document,
record, recording, or other material not privileged be produced
at the same time and place, in the same manner as provided for
the taking of depositions in civil proceedings under the laws
of the State of Illinois.
(720 ILCS 5/33G-25 new)
Sec. 33G-25. Severability. If any clause, sentence,
Section, or provision, or part of this Article or the

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application thereof to any person or circumstance shall be
adjudged to be unconstitutional, the remainder of this Article
or its application to any person or circumstances other than
those to which it is held invalid shall not be affected
thereby.
(720 ILCS 5/33G-30 new)
Sec. 33G-30. Construction. In interpreting the provisions
of this Article, the court, because of their remedial purposes,
shall construe them liberally. Nothing in this Article shall
preclude the imposition of additional criminal penalties under
any provision of Federal law, or the laws of the State of
Illinois or another state, or any other law, or the affording
of any civil or administrative remedies in addition to those
provided for in this Article. In addition, the court shall
construe this Article in light of the provisions contained in
Title IX of Public Law 91-452, 84 Stat. 922 (as amended in
Title 18, United States Code, Section 1961-1968), wherever
substantially similar language is used in the Title and this
Article, but where the language indicates an intent to depart
from the Title, the court shall interpret the language as
provided in this Article.
(720 ILCS 5/33G-35 new)
Sec. 33G-35. Limitations. Under this Article,
notwithstanding any other provision of law, but otherwise

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subject to the periods of exclusion from limitation as provided
in Section 3-7 of this Code, the following limitations apply:
(a) Any action, proceeding, or prosecution brought by a
prosecutor under this Article must commence within 5 years of
one of the following dates, whichever is latest: (1) the date
of the commission of the last occurrence of predicate activity
in a pattern of the activity, in the form of an act, attempt,
endeavor, or solicitation, underlying the alleged violation of
this Article; or (2) in the case of an action, proceeding, or
prosecution, based upon a conspiracy to violate this Article,
the date that the last objective of the alleged conspiracy was
accomplished, defeated or abandoned (whichever is later); or
(3) the date any minor victim of the violation attains the age
of 18 years or the date any victim of the violation subject to
a legal disability thereafter gains legal capacity; or (4) the
date that any alleged violation of this Article, including
injury, cause, pattern, or identity of the violator or
violators, was otherwise discovered in the exercise of good
faith;
(b) Any action, proceeding, or prosecution brought by a
prosecutor under this Article may be commenced at any time
against all defendants if the conduct of any defendant, or any
part of the overall violation, resulted in the unlawful death
of any person or persons;
(c) Any action or proceeding brought by a private party
under subsection (b) of Section 33G-20 of this Article must

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commence within 3 years of one of the following dates,
whichever is latest: (1) the date of the commission of the last
occurrence of predicate activity in a pattern of the activity,
in the form of an act, attempt, endeavor, or solicitation,
underlying the alleged violation of this Article; or (2) in the
case of an action, proceeding, or prosecution, based upon a
conspiracy to violate this Article, the date that the last
objective of the alleged conspiracy was accomplished, defeated
or abandoned (whichever is later); or (3) the date that any
alleged violation of this Article, including injury, cause,
pattern, or identity of the violator or violators, was
otherwise discovered in the exercise of good faith.
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 108A-5 and 108B-3 as follows:
(725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5)
Sec. 108A-5. Orders Authorizing Use of an Eavesdropping
Device.
(a) Each order authorizing or approving the use of an
eavesdropping device shall specify:
(1) the identity of the person who has consented to the
use of the device to monitor any of his conversations and a
requirement that any conversation overheard or received
must include this person;
(2) the identity of the other person or persons, if

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known, who will participate in the conversation;
(3) the period of time in which the use of the device
is authorized, including a statement as to whether or not
the use shall automatically terminate when the described
conversations have been first obtained.
(b) No order entered under this section may authorize or
approve the use of any eavesdropping device for any period
longer than 30 days. An initial or a subsequent extension, in
no case for more than 30 days each, of an order may be granted
but only upon application made in accordance with Section
108A-3 and where the court makes the findings required in
Section 108A-4.
(Source: P.A. 92-413, eff. 8-17-01.)
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
Sec. 108B-3. Authorization for the interception of private
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 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

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Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
of murder for hire), 9-1 (first degree murder), 10-9
(involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services),
11-15.1 (soliciting for a minor engaged in prostitution), 11-16
(pandering), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a minor engaged in
prostitution), 11-19.1 (juvenile pimping and aggravated
juvenile pimping), 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 or any Section of the
Methamphetamine Control and Community Protection 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 an offense listed as predicate
activity under subsection (c) of Section 33G-5, 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

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the Illinois Streetgang Terrorism Omnibus Prevention Act when
there is probable cause to believe the interception of the
private 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 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 inadmissible 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

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of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
96-1464, eff. 8-20-10.)
Section 15. The Statewide Grand Jury Act is amended by
changing Section 3 as follows:
(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

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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 Methamphetamine Control and Community
Protection 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

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money laundering offense; or any violation of the Gang
Influenced and Criminal Organizations Law; 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, child pornography,
aggravated child pornography, or promoting juvenile
prostitution except as described in subdivision (a)(4) of
Section 11-14.4 of the Criminal Code of 1961; 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

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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. 96-1551, eff. 7-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance