Bill Text: IL SB1958 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government), and legislative misconduct. Extends the repeal of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law to January 1, 2033 (rather than June 11, 2023). Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court 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 an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-02-21 - Added as Co-Sponsor Sen. Neil Anderson [SB1958 Detail]

Download: Illinois-2023-SB1958-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1958 Introduced 2/9/2023, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
720 ILCS 5/33G-3
720 ILCS 5/33G-9
725 ILCS 5/108B-3 from Ch. 38, par. 108B-3
Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government)), and legislative misconduct. Extends the repeal of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law to January 1, 2033 (rather than June 11, 2023). Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court 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 an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Effective immediately.
LRB103 28980 RLC 55366 b
A BILL FOR
SB1958 LRB103 28980 RLC 55366 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 Criminal Code of 2012 is amended by
changing Sections 33G-3 and 33G-9 as follows:
(720 ILCS 5/33G-3)
(Section scheduled to be repealed on June 11, 2023)
Sec. 33G-3. 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 partnership, corporation, association,
business or charitable trust, or other legal entity; and
(2) any group of individuals 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 of engaging in a course
of conduct, and it may be associated together for purposes
that are both legal and illegal. An association in fact

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must:
(A) have an ongoing organization or structure,
either formal or informal;
(B) the various members of the group must function
as a continuing unit, even if the group changes
membership by gaining or losing members over time; and
(C) have an ascertainable structure distinct from
that inherent in the conduct of a pattern of predicate
activity.
As used in this Article, "enterprise" includes licit and
illicit enterprises.
(c) "Labor organization" includes any organization, labor
union, craft union, or any voluntary unincorporated
association designed to further the cause of the rights of
union labor that is constituted for the purpose, in whole or in
part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment, or
apprenticeships or applications for apprenticeships, or of
other mutual aid or protection in connection with employment,
including apprenticeships or applications for apprenticeships.
(d) "Operation or management" means directing or carrying
out the enterprise's affairs and is limited to any person who
knowingly serves as a leader, organizer, operator, manager,
director, supervisor, financier, advisor, recruiter, supplier,
or enforcer of an enterprise in violation of this Article.
(e) "Predicate activity" means any act that is a Class 2

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felony or higher 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) or any act under the law of
another jurisdiction for an offense that could be charged as a
Class 2 felony or higher in this State:
(1) under the Criminal Code of 1961 or the Criminal
Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
(first degree murder), 9-3.3 (drug-induced homicide), 10-1
(kidnapping), 10-2 (aggravated kidnapping), 10-3.1
(aggravated unlawful restraint), 10-4 (forcible
detention), 10-5(b)(10) (child abduction), 10-9
(trafficking in persons, involuntary servitude, and
related offenses), 11-1.20 (criminal sexual assault),
11-1.30 (aggravated criminal sexual assault), 11-1.40
(predatory criminal sexual assault of a child), 11-1.60
(aggravated criminal sexual abuse), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of
an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
prostitution), 11-14.4 (promoting juvenile prostitution),
11-18.1 (patronizing a minor engaged in prostitution;
patronizing a juvenile prostitute), 12-3.05 (aggravated
battery), 12-6.4 (criminal street gang recruitment),
12-6.5 (compelling organization membership of persons),

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12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5
(cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
18-6 (vehicular invasion), 18-1 (robbery; aggravated
robbery), 18-2 (armed robbery), 18-3 (vehicular
hijacking), 18-4 (aggravated vehicular hijacking), 18-5
(aggravated robbery), 19-1 (burglary), 19-3 (residential
burglary), 20-1 (arson; residential arson; place of
worship arson), 20-1.1 (aggravated arson), 20-1.2
(residential arson), 20-1.3 (place of worship arson),
24-1.2 (aggravated discharge of a firearm), 24-1.2-5
(aggravated discharge of a machine gun or silencer
equipped firearm), 24-1.8 (unlawful possession of a
firearm by a street gang member), 24-3.2 (unlawful
discharge of firearm projectiles), 24-3.9 (aggravated
possession of a stolen firearm), 24-3A (gunrunning), 26-5
or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
(soliciting support for terrorism), 29D-15.1 (causing a
catastrophe), 29D-15.2 (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 (unauthorized contraband in a penal institution),
33-1 (bribery), 33-3 (official misconduct), 33-3.1
(solicitation misconduct (State government)), 33-3.2
(solicitation misconduct (local government)), 33-8
(legislative misconduct), or 33A-3 (armed violence);

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(2) under the Cannabis Control Act: Sections 5
(manufacture or delivery of cannabis), 5.1 (cannabis
trafficking), or 8 (production or possession of cannabis
plants), provided the offense either involves more than
500 grams of any substance containing cannabis or involves
more than 50 cannabis sativa plants;
(3) 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), or 405.2 (street
gang criminal drug conspiracy); or
(4) under the Methamphetamine Control and Community
Protection Act: Sections 15 (methamphetamine
manufacturing), or 55 (methamphetamine delivery).
(f) "Pattern of predicate activity" means:
(1) at least 3 occurrences of predicate activity that
are in some way related to each other and that have
continuity between them, and that are separate acts. Acts
are related to each other if they are not isolated events,
including if they have similar purposes, or results, or
participants, or victims, or are committed a similar way,
or have other similar distinguishing characteristics, or
are part of the affairs of the same enterprise. There is
continuity between acts if they are ongoing over a
substantial period, or if they are part of the regular way
some entity does business or conducts its affairs; and

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(2) which occurs after the effective date of this
Article, and the last of which falls within 3 years
(excluding any period of imprisonment) after the first
occurrence of predicate activity.
(g) "Unlawful death" includes the following offenses:
under the Code of 1961 or the Criminal Code of 2012: Sections
9-1 (first degree murder) or 9-2 (second degree murder).
(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
(720 ILCS 5/33G-9)
(Section scheduled to be repealed on June 11, 2023)
Sec. 33G-9. Repeal. This Article is repealed on January 1,
2033 June 11, 2023.
(Source: P.A. 102-918, eff. 5-27-22.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 108B-3 as follows:
(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

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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 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), paragraph (1), (2), or (3)
of subsection (a) of Section 11-14.4 (promoting juvenile
prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3 (promoting prostitution), 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 or the
Criminal Code of 2012, 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 the Criminal Code of
2012, or an offense listed as predicate activity under
subsection (e) of Section 33G-3 of the Criminal Code of 1961 or

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the Criminal Code of 2012, or conspiracy to commit money
laundering or conspiracy to commit first degree murder; (ii)
in response to a clear and present danger of imminent death or
great bodily harm to persons resulting from: (1) a kidnapping
or the holding of a hostage by force or the threat of the
imminent use of force; or (2) the occupation by force or the
threat of the imminent use of force of any premises, place,
vehicle, vessel or aircraft; (iii) to aid an investigation or
prosecution of a civil action brought under the Illinois
Streetgang Terrorism Omnibus Prevention Act when there is
probable cause to believe the interception of the private
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

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has committed, is committing or is about to commit, a
violation of an offense under Article 29D of the Criminal Code
of 1961 or the Criminal Code of 2012.
(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 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.