IL
Illinois House Bill HB1836

Illinois 2025-2026 Regular Session

Illinois House Bill HB1836 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 720 ILCS 5/1-6 from Ch. 38, par. 1-6720 ILCS 5/14-3725 ILCS 5/108A-1 from Ch. 38, par. 108A-1725 ILCS 5/108A-3 from Ch. 38, par. 108A-3725 ILCS 5/108A-6 from Ch. 38, par. 108A-6725 ILCS 5/108A-11 from Ch. 38, par. 108A-11725 ILCS 215/2 from Ch. 38, par. 1702725 ILCS 215/3 from Ch. 38, par. 1703725 ILCS 215/4 from Ch. 38, par. 1704 Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State. LRB104 08084 RLC 18130 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 720 ILCS 5/1-6 from Ch. 38, par. 1-6720 ILCS 5/14-3725 ILCS 5/108A-1 from Ch. 38, par. 108A-1725 ILCS 5/108A-3 from Ch. 38, par. 108A-3725 ILCS 5/108A-6 from Ch. 38, par. 108A-6725 ILCS 5/108A-11 from Ch. 38, par. 108A-11725 ILCS 215/2 from Ch. 38, par. 1702725 ILCS 215/3 from Ch. 38, par. 1703725 ILCS 215/4 from Ch. 38, par. 1704 720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/14-3 725 ILCS 5/108A-1 from Ch. 38, par. 108A-1 725 ILCS 5/108A-3 from Ch. 38, par. 108A-3 725 ILCS 5/108A-6 from Ch. 38, par. 108A-6 725 ILCS 5/108A-11 from Ch. 38, par. 108A-11 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 725 ILCS 215/4 from Ch. 38, par. 1704 Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State. LRB104 08084 RLC 18130 b LRB104 08084 RLC 18130 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
3+720 ILCS 5/1-6 from Ch. 38, par. 1-6720 ILCS 5/14-3725 ILCS 5/108A-1 from Ch. 38, par. 108A-1725 ILCS 5/108A-3 from Ch. 38, par. 108A-3725 ILCS 5/108A-6 from Ch. 38, par. 108A-6725 ILCS 5/108A-11 from Ch. 38, par. 108A-11725 ILCS 215/2 from Ch. 38, par. 1702725 ILCS 215/3 from Ch. 38, par. 1703725 ILCS 215/4 from Ch. 38, par. 1704 720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/14-3 725 ILCS 5/108A-1 from Ch. 38, par. 108A-1 725 ILCS 5/108A-3 from Ch. 38, par. 108A-3 725 ILCS 5/108A-6 from Ch. 38, par. 108A-6 725 ILCS 5/108A-11 from Ch. 38, par. 108A-11 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 725 ILCS 215/4 from Ch. 38, par. 1704
4+720 ILCS 5/1-6 from Ch. 38, par. 1-6
5+720 ILCS 5/14-3
6+725 ILCS 5/108A-1 from Ch. 38, par. 108A-1
7+725 ILCS 5/108A-3 from Ch. 38, par. 108A-3
8+725 ILCS 5/108A-6 from Ch. 38, par. 108A-6
9+725 ILCS 5/108A-11 from Ch. 38, par. 108A-11
10+725 ILCS 215/2 from Ch. 38, par. 1702
11+725 ILCS 215/3 from Ch. 38, par. 1703
12+725 ILCS 215/4 from Ch. 38, par. 1704
13+Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.
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319 1 AN ACT concerning criminal law.
420 2 Be it enacted by the People of the State of Illinois,
521 3 represented in the General Assembly:
622 4 Section 5. The Criminal Code of 2012 is amended by
723 5 changing Sections 1-6 and 14-3 as follows:
824 6 (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
925 7 Sec. 1-6. Place of trial.
1026 8 (a) Generally.
1127 9 Criminal actions shall be tried in the county where the
1228 10 offense was committed, except as otherwise provided by law.
1329 11 The State is not required to prove during trial that the
1430 12 alleged offense occurred in any particular county in this
1531 13 State. When a defendant contests the place of trial under this
1632 14 Section, all proceedings regarding this issue shall be
1733 15 conducted under Section 114-1 of the Code of Criminal
1834 16 Procedure of 1963. All objections of improper place of trial
1935 17 are waived by a defendant unless made before trial.
2036 18 (b) Assailant and Victim in Different Counties.
2137 19 If a person committing an offense upon the person of
2238 20 another is located in one county and his victim is located in
2339 21 another county at the time of the commission of the offense,
2440 22 trial may be had in either of said counties.
2541 23 (c) Death and Cause of Death in Different Places or
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45+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1836 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
46+720 ILCS 5/1-6 from Ch. 38, par. 1-6720 ILCS 5/14-3725 ILCS 5/108A-1 from Ch. 38, par. 108A-1725 ILCS 5/108A-3 from Ch. 38, par. 108A-3725 ILCS 5/108A-6 from Ch. 38, par. 108A-6725 ILCS 5/108A-11 from Ch. 38, par. 108A-11725 ILCS 215/2 from Ch. 38, par. 1702725 ILCS 215/3 from Ch. 38, par. 1703725 ILCS 215/4 from Ch. 38, par. 1704 720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/14-3 725 ILCS 5/108A-1 from Ch. 38, par. 108A-1 725 ILCS 5/108A-3 from Ch. 38, par. 108A-3 725 ILCS 5/108A-6 from Ch. 38, par. 108A-6 725 ILCS 5/108A-11 from Ch. 38, par. 108A-11 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 725 ILCS 215/4 from Ch. 38, par. 1704
47+720 ILCS 5/1-6 from Ch. 38, par. 1-6
48+720 ILCS 5/14-3
49+725 ILCS 5/108A-1 from Ch. 38, par. 108A-1
50+725 ILCS 5/108A-3 from Ch. 38, par. 108A-3
51+725 ILCS 5/108A-6 from Ch. 38, par. 108A-6
52+725 ILCS 5/108A-11 from Ch. 38, par. 108A-11
53+725 ILCS 215/2 from Ch. 38, par. 1702
54+725 ILCS 215/3 from Ch. 38, par. 1703
55+725 ILCS 215/4 from Ch. 38, par. 1704
56+Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.
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66+720 ILCS 5/14-3
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68+725 ILCS 5/108A-3 from Ch. 38, par. 108A-3
69+725 ILCS 5/108A-6 from Ch. 38, par. 108A-6
70+725 ILCS 5/108A-11 from Ch. 38, par. 108A-11
71+725 ILCS 215/2 from Ch. 38, par. 1702
72+725 ILCS 215/3 from Ch. 38, par. 1703
73+725 ILCS 215/4 from Ch. 38, par. 1704
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3492 1 Undetermined.
3593 2 If cause of death is inflicted in one county and death
3694 3 ensues in another county, the offender may be tried in either
3795 4 county. If neither the county in which the cause of death was
3896 5 inflicted nor the county in which death ensued are known
3997 6 before trial, the offender may be tried in the county where the
4098 7 body was found.
4199 8 (d) Offense Commenced Outside the State.
42100 9 If the commission of an offense commenced outside the
43101 10 State is consummated within this State, the offender shall be
44102 11 tried in the county where the offense is consummated.
45103 12 (e) Offenses Committed in Bordering Navigable Waters.
46104 13 If an offense is committed on any of the navigable waters
47105 14 bordering on this State, the offender may be tried in any
48106 15 county adjacent to such navigable water.
49107 16 (f) Offenses Committed while in Transit.
50108 17 If an offense is committed upon any railroad car, vehicle,
51109 18 watercraft or aircraft passing within this State, and it
52110 19 cannot readily be determined in which county the offense was
53111 20 committed, the offender may be tried in any county through
54112 21 which such railroad car, vehicle, watercraft or aircraft has
55113 22 passed.
56114 23 (g) Theft.
57115 24 A person who commits theft of property may be tried in any
58116 25 county in which he exerted control over such property.
59117 26 (h) Bigamy.
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70128 1 A person who commits the offense of bigamy may be tried in
71129 2 any county where the bigamous marriage or bigamous
72130 3 cohabitation has occurred.
73131 4 (i) Kidnaping.
74132 5 A person who commits the offense of kidnaping may be tried
75133 6 in any county in which his victim has traveled or has been
76134 7 confined during the course of the offense.
77135 8 (j) Pandering.
78136 9 A person who commits the offense of pandering as set forth
79137 10 in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may
80138 11 be tried in any county in which the prostitution was practiced
81139 12 or in any county in which any act in furtherance of the offense
82140 13 shall have been committed.
83141 14 (k) Treason.
84142 15 A person who commits the offense of treason may be tried in
85143 16 any county.
86144 17 (l) Criminal Defamation.
87145 18 If criminal defamation is spoken, printed or written in
88146 19 one county and is received or circulated in another or other
89147 20 counties, the offender shall be tried in the county where the
90148 21 defamation is spoken, printed or written. If the defamation is
91149 22 spoken, printed or written outside this state, or the offender
92150 23 resides outside this state, the offender may be tried in any
93151 24 county in this state in which the defamation was circulated or
94152 25 received.
95153 26 (m) Inchoate Offenses.
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106164 1 A person who commits an inchoate offense may be tried in
107165 2 any county in which any act which is an element of the offense,
108166 3 including the agreement in conspiracy, is committed.
109167 4 (n) Accountability for Conduct of Another.
110168 5 Where a person in one county solicits, aids, abets,
111169 6 agrees, or attempts to aid another in the planning or
112170 7 commission of an offense in another county, he may be tried for
113171 8 the offense in either county.
114172 9 (o) Child Abduction.
115173 10 A person who commits the offense of child abduction may be
116174 11 tried in any county in which his victim has traveled, been
117175 12 detained, concealed or removed to during the course of the
118176 13 offense. Notwithstanding the foregoing, unless for good cause
119177 14 shown, the preferred place of trial shall be the county of the
120178 15 residence of the lawful custodian.
121179 16 (p) A person who commits the offense of narcotics
122180 17 racketeering may be tried in any county where cannabis or a
123181 18 controlled substance which is the basis for the charge of
124182 19 narcotics racketeering was used; acquired; transferred or
125183 20 distributed to, from or through; or any county where any act
126184 21 was performed to further the use; acquisition, transfer or
127185 22 distribution of said cannabis or controlled substance; any
128186 23 money, property, property interest, or any other asset
129187 24 generated by narcotics activities was acquired, used, sold,
130188 25 transferred or distributed to, from or through; or, any
131189 26 enterprise interest obtained as a result of narcotics
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142200 1 racketeering was acquired, used, transferred or distributed
143201 2 to, from or through, or where any activity was conducted by the
144202 3 enterprise or any conduct to further the interests of such an
145203 4 enterprise.
146204 5 (q) A person who commits the offense of money laundering
147205 6 may be tried in any county where any part of a financial
148206 7 transaction in criminally derived property took place or in
149207 8 any county where any money or monetary instrument which is the
150208 9 basis for the offense was acquired, used, sold, transferred or
151209 10 distributed to, from or through.
152210 11 (r) A person who commits the offense of cannabis
153211 12 trafficking, methamphetamine trafficking, or controlled
154212 13 substance trafficking may be tried in any county.
155213 14 (s) A person who commits the offense of online sale of
156214 15 stolen property, online theft by deception, or electronic
157215 16 fencing may be tried in any county where any one or more
158216 17 elements of the offense took place, regardless of whether the
159217 18 element of the offense was the result of acts by the accused,
160218 19 the victim or by another person, and regardless of whether the
161219 20 defendant was ever physically present within the boundaries of
162220 21 the county.
163221 22 (t) A person who commits the offense of identity theft or
164222 23 aggravated identity theft may be tried in any one of the
165223 24 following counties in which: (1) the offense occurred; (2) the
166224 25 information used to commit the offense was illegally used; or
167225 26 (3) the victim resides.
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178236 1 (u) A person who commits the offense of financial
179237 2 exploitation of an elderly person or a person with a
180238 3 disability may be tried in any one of the following counties in
181239 4 which: (1) any part of the offense occurred; or (2) the victim
182240 5 or one of the victims reside.
183241 6 If a person is charged with more than one violation of
184242 7 identity theft or aggravated identity theft and those
185243 8 violations may be tried in more than one county, any of those
186244 9 counties is a proper venue for all of the violations.
187245 10 (Source: P.A. 101-394, eff. 1-1-20.)
188246 11 (720 ILCS 5/14-3)
189247 12 Sec. 14-3. Exemptions. The following activities shall be
190248 13 exempt from the provisions of this Article:
191249 14 (a) Listening to radio, wireless electronic
192250 15 communications, and television communications of any sort
193251 16 where the same are publicly made;
194252 17 (b) Hearing conversation when heard by employees of
195253 18 any common carrier by wire incidental to the normal course
196254 19 of their employment in the operation, maintenance or
197255 20 repair of the equipment of such common carrier by wire so
198256 21 long as no information obtained thereby is used or
199257 22 divulged by the hearer;
200258 23 (c) Any broadcast by radio, television or otherwise
201259 24 whether it be a broadcast or recorded for the purpose of
202260 25 later broadcasts of any function where the public is in
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213271 1 attendance and the conversations are overheard incidental
214272 2 to the main purpose for which such broadcasts are then
215273 3 being made;
216274 4 (d) Recording or listening with the aid of any device
217275 5 to any emergency communication made in the normal course
218276 6 of operations by any federal, state or local law
219277 7 enforcement agency or institutions dealing in emergency
220278 8 services, including, but not limited to, hospitals,
221279 9 clinics, ambulance services, fire fighting agencies, any
222280 10 public utility, emergency repair facility, civilian
223281 11 defense establishment or military installation;
224282 12 (e) Recording the proceedings of any meeting required
225283 13 to be open by the Open Meetings Act, as amended;
226284 14 (f) Recording or listening with the aid of any device
227285 15 to incoming telephone calls of phone lines publicly listed
228286 16 or advertised as consumer "hotlines" by manufacturers or
229287 17 retailers of food and drug products. Such recordings must
230288 18 be destroyed, erased or turned over to local law
231289 19 enforcement authorities within 24 hours from the time of
232290 20 such recording and shall not be otherwise disseminated.
233291 21 Failure on the part of the individual or business
234292 22 operating any such recording or listening device to comply
235293 23 with the requirements of this subsection shall eliminate
236294 24 any civil or criminal immunity conferred upon that
237295 25 individual or business by the operation of this Section;
238296 26 (g) With prior notification to the Attorney General or
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249307 1 the State's Attorney of the county in which it is to occur,
250308 2 recording or listening with the aid of any device to any
251309 3 conversation where a law enforcement officer, or any
252310 4 person acting at the direction of law enforcement, is a
253311 5 party to the conversation and has consented to it being
254312 6 intercepted or recorded under circumstances where the use
255313 7 of the device is necessary for the protection of the law
256314 8 enforcement officer or any person acting at the direction
257315 9 of law enforcement, in the course of an investigation of a
258316 10 forcible felony, a felony offense of involuntary
259317 11 servitude, involuntary sexual servitude of a minor, or
260318 12 trafficking in persons under Section 10-9 of this Code, an
261319 13 offense involving prostitution, solicitation of a sexual
262320 14 act, or pandering, a felony violation of the Illinois
263321 15 Controlled Substances Act, a felony violation of the
264322 16 Cannabis Control Act, a felony violation of the
265323 17 Methamphetamine Control and Community Protection Act, any
266324 18 "streetgang related" or "gang-related" felony as those
267325 19 terms are defined in the Illinois Streetgang Terrorism
268326 20 Omnibus Prevention Act, or any felony offense involving
269327 21 any weapon listed in paragraphs (1) through (11) of
270328 22 subsection (a) of Section 24-1 of this Code. Any recording
271329 23 or evidence derived as the result of this exemption shall
272330 24 be inadmissible in any proceeding, criminal, civil or
273331 25 administrative, except (i) where a party to the
274332 26 conversation suffers great bodily injury or is killed
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285343 1 during such conversation, or (ii) when used as direct
286344 2 impeachment of a witness concerning matters contained in
287345 3 the interception or recording. The Director of the
288346 4 Illinois State Police shall issue regulations as are
289347 5 necessary concerning the use of devices, retention of tape
290348 6 recordings, and reports regarding their use;
291349 7 (g-5) (Blank);
292350 8 (g-6) With approval of the Attorney General or the
293351 9 State's Attorney of the county in which it is to occur,
294352 10 recording or listening with the aid of any device to any
295353 11 conversation where a law enforcement officer, or any
296354 12 person acting at the direction of law enforcement, is a
297355 13 party to the conversation and has consented to it being
298356 14 intercepted or recorded in the course of an investigation
299357 15 of child pornography, aggravated child pornography,
300358 16 indecent solicitation of a child, luring of a minor,
301359 17 sexual exploitation of a child, aggravated criminal sexual
302360 18 abuse in which the victim of the offense was at the time of
303361 19 the commission of the offense under 18 years of age, or
304362 20 criminal sexual abuse by force or threat of force in which
305363 21 the victim of the offense was at the time of the commission
306364 22 of the offense under 18 years of age. In all such cases, an
307365 23 application for an order approving the previous or
308366 24 continuing use of an eavesdropping device must be made
309367 25 within 48 hours of the commencement of such use. In the
310368 26 absence of such an order, or upon its denial, any
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321379 1 continuing use shall immediately terminate. The Director
322380 2 of the Illinois State Police shall issue rules as are
323381 3 necessary concerning the use of devices, retention of
324382 4 recordings, and reports regarding their use. Any recording
325383 5 or evidence obtained or derived in the course of an
326384 6 investigation of child pornography, aggravated child
327385 7 pornography, indecent solicitation of a child, luring of a
328386 8 minor, sexual exploitation of a child, aggravated criminal
329387 9 sexual abuse in which the victim of the offense was at the
330388 10 time of the commission of the offense under 18 years of
331389 11 age, or criminal sexual abuse by force or threat of force
332390 12 in which the victim of the offense was at the time of the
333391 13 commission of the offense under 18 years of age shall,
334392 14 upon motion of the State's Attorney or Attorney General
335393 15 prosecuting any case involving child pornography,
336394 16 aggravated child pornography, indecent solicitation of a
337395 17 child, luring of a minor, sexual exploitation of a child,
338396 18 aggravated criminal sexual abuse in which the victim of
339397 19 the offense was at the time of the commission of the
340398 20 offense under 18 years of age, or criminal sexual abuse by
341399 21 force or threat of force in which the victim of the offense
342400 22 was at the time of the commission of the offense under 18
343401 23 years of age be reviewed in camera with notice to all
344402 24 parties present by the court presiding over the criminal
345403 25 case, and, if ruled by the court to be relevant and
346404 26 otherwise admissible, it shall be admissible at the trial
347405
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357415 1 of the criminal case. Absent such a ruling, any such
358416 2 recording or evidence shall not be admissible at the trial
359417 3 of the criminal case;
360418 4 (h) Recordings made simultaneously with the use of an
361419 5 in-car video camera recording of an oral conversation
362420 6 between a uniformed peace officer, who has identified his
363421 7 or her office, and a person in the presence of the peace
364422 8 officer whenever (i) an officer assigned a patrol vehicle
365423 9 is conducting an enforcement stop; or (ii) patrol vehicle
366424 10 emergency lights are activated or would otherwise be
367425 11 activated if not for the need to conceal the presence of
368426 12 law enforcement.
369427 13 For the purposes of this subsection (h), "enforcement
370428 14 stop" means an action by a law enforcement officer in
371429 15 relation to enforcement and investigation duties,
372430 16 including but not limited to, traffic stops, pedestrian
373431 17 stops, abandoned vehicle contacts, motorist assists,
374432 18 commercial motor vehicle stops, roadside safety checks,
375433 19 requests for identification, or responses to requests for
376434 20 emergency assistance;
377435 21 (h-5) Recordings of utterances made by a person while
378436 22 in the presence of a uniformed peace officer and while an
379437 23 occupant of a police vehicle including, but not limited
380438 24 to, (i) recordings made simultaneously with the use of an
381439 25 in-car video camera and (ii) recordings made in the
382440 26 presence of the peace officer utilizing video or audio
383441
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393451 1 systems, or both, authorized by the law enforcement
394452 2 agency;
395453 3 (h-10) Recordings made simultaneously with a video
396454 4 camera recording during the use of a taser or similar
397455 5 weapon or device by a peace officer if the weapon or device
398456 6 is equipped with such camera;
399457 7 (h-15) Recordings made under subsection (h), (h-5), or
400458 8 (h-10) shall be retained by the law enforcement agency
401459 9 that employs the peace officer who made the recordings for
402460 10 a storage period of 90 days, unless the recordings are
403461 11 made as a part of an arrest or the recordings are deemed
404462 12 evidence in any criminal, civil, or administrative
405463 13 proceeding and then the recordings must only be destroyed
406464 14 upon a final disposition and an order from the court.
407465 15 Under no circumstances shall any recording be altered or
408466 16 erased prior to the expiration of the designated storage
409467 17 period. Upon completion of the storage period, the
410468 18 recording medium may be erased and reissued for
411469 19 operational use;
412470 20 (i) Recording of a conversation made by or at the
413471 21 request of a person, not a law enforcement officer or
414472 22 agent of a law enforcement officer, who is a party to the
415473 23 conversation, under reasonable suspicion that another
416474 24 party to the conversation is committing, is about to
417475 25 commit, or has committed a criminal offense against the
418476 26 person or a member of his or her immediate household, and
419477
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429487 1 there is reason to believe that evidence of the criminal
430488 2 offense may be obtained by the recording;
431489 3 (j) The use of a telephone monitoring device by either
432490 4 (1) a corporation or other business entity engaged in
433491 5 marketing or opinion research or (2) a corporation or
434492 6 other business entity engaged in telephone solicitation,
435493 7 as defined in this subsection, to record or listen to oral
436494 8 telephone solicitation conversations or marketing or
437495 9 opinion research conversations by an employee of the
438496 10 corporation or other business entity when:
439497 11 (i) the monitoring is used for the purpose of
440498 12 service quality control of marketing or opinion
441499 13 research or telephone solicitation, the education or
442500 14 training of employees or contractors engaged in
443501 15 marketing or opinion research or telephone
444502 16 solicitation, or internal research related to
445503 17 marketing or opinion research or telephone
446504 18 solicitation; and
447505 19 (ii) the monitoring is used with the consent of at
448506 20 least one person who is an active party to the
449507 21 marketing or opinion research conversation or
450508 22 telephone solicitation conversation being monitored.
451509 23 No communication or conversation or any part, portion,
452510 24 or aspect of the communication or conversation made,
453511 25 acquired, or obtained, directly or indirectly, under this
454512 26 exemption (j), may be, directly or indirectly, furnished
455513
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465523 1 to any law enforcement officer, agency, or official for
466524 2 any purpose or used in any inquiry or investigation, or
467525 3 used, directly or indirectly, in any administrative,
468526 4 judicial, or other proceeding, or divulged to any third
469527 5 party.
470528 6 When recording or listening authorized by this
471529 7 subsection (j) on telephone lines used for marketing or
472530 8 opinion research or telephone solicitation purposes
473531 9 results in recording or listening to a conversation that
474532 10 does not relate to marketing or opinion research or
475533 11 telephone solicitation; the person recording or listening
476534 12 shall, immediately upon determining that the conversation
477535 13 does not relate to marketing or opinion research or
478536 14 telephone solicitation, terminate the recording or
479537 15 listening and destroy any such recording as soon as is
480538 16 practicable.
481539 17 Business entities that use a telephone monitoring or
482540 18 telephone recording system pursuant to this exemption (j)
483541 19 shall provide current and prospective employees with
484542 20 notice that the monitoring or recordings may occur during
485543 21 the course of their employment. The notice shall include
486544 22 prominent signage notification within the workplace.
487545 23 Business entities that use a telephone monitoring or
488546 24 telephone recording system pursuant to this exemption (j)
489547 25 shall provide their employees or agents with access to
490548 26 personal-only telephone lines which may be pay telephones,
491549
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501559 1 that are not subject to telephone monitoring or telephone
502560 2 recording.
503561 3 For the purposes of this subsection (j), "telephone
504562 4 solicitation" means a communication through the use of a
505563 5 telephone by live operators:
506564 6 (i) soliciting the sale of goods or services;
507565 7 (ii) receiving orders for the sale of goods or
508566 8 services;
509567 9 (iii) assisting in the use of goods or services;
510568 10 or
511569 11 (iv) engaging in the solicitation, administration,
512570 12 or collection of bank or retail credit accounts.
513571 13 For the purposes of this subsection (j), "marketing or
514572 14 opinion research" means a marketing or opinion research
515573 15 interview conducted by a live telephone interviewer
516574 16 engaged by a corporation or other business entity whose
517575 17 principal business is the design, conduct, and analysis of
518576 18 polls and surveys measuring the opinions, attitudes, and
519577 19 responses of respondents toward products and services, or
520578 20 social or political issues, or both;
521579 21 (k) Electronic recordings, including but not limited
522580 22 to, a motion picture, videotape, digital, or other visual
523581 23 or audio recording, made of a custodial interrogation of
524582 24 an individual at a police station or other place of
525583 25 detention by a law enforcement officer under Section
526584 26 5-401.5 of the Juvenile Court Act of 1987 or Section
527585
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537595 1 103-2.1 of the Code of Criminal Procedure of 1963;
538596 2 (l) Recording the interview or statement of any person
539597 3 when the person knows that the interview is being
540598 4 conducted by a law enforcement officer or prosecutor and
541599 5 the interview takes place at a police station that is
542600 6 currently participating in the Custodial Interview Pilot
543601 7 Program established under the Illinois Criminal Justice
544602 8 Information Act;
545603 9 (m) An electronic recording, including, but not
546604 10 limited to, a motion picture, videotape, digital, or other
547605 11 visual or audio recording, made of the interior of a
548606 12 school bus while the school bus is being used in the
549607 13 transportation of students to and from school and
550608 14 school-sponsored activities, when the school board has
551609 15 adopted a policy authorizing such recording, notice of
552610 16 such recording policy is included in student handbooks and
553611 17 other documents including the policies of the school,
554612 18 notice of the policy regarding recording is provided to
555613 19 parents of students, and notice of such recording is
556614 20 clearly posted on the door of and inside the school bus.
557615 21 Recordings made pursuant to this subsection (m) shall
558616 22 be confidential records and may only be used by school
559617 23 officials (or their designees) and law enforcement
560618 24 personnel for investigations, school disciplinary actions
561619 25 and hearings, proceedings under the Juvenile Court Act of
562620 26 1987, and criminal prosecutions, related to incidents
563621
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573631 1 occurring in or around the school bus;
574632 2 (n) Recording or listening to an audio transmission
575633 3 from a microphone placed by a person under the authority
576634 4 of a law enforcement agency inside a bait car surveillance
577635 5 vehicle while simultaneously capturing a photographic or
578636 6 video image;
579637 7 (o) The use of an eavesdropping camera or audio device
580638 8 during an ongoing hostage or barricade situation by a law
581639 9 enforcement officer or individual acting on behalf of a
582640 10 law enforcement officer when the use of such device is
583641 11 necessary to protect the safety of the general public,
584642 12 hostages, or law enforcement officers or anyone acting on
585643 13 their behalf;
586644 14 (p) Recording or listening with the aid of any device
587645 15 to incoming telephone calls of phone lines publicly listed
588646 16 or advertised as the "CPS Violence Prevention Hotline",
589647 17 but only where the notice of recording is given at the
590648 18 beginning of each call as required by Section 34-21.8 of
591649 19 the School Code. The recordings may be retained only by
592650 20 the Chicago Police Department or other law enforcement
593651 21 authorities, and shall not be otherwise retained or
594652 22 disseminated;
595653 23 (q)(1) With prior request to and written or verbal
596654 24 approval of the Attorney General or the State's Attorney
597655 25 of the county in which the conversation is anticipated to
598656 26 occur, recording or listening with the aid of an
599657
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609667 1 eavesdropping device to a conversation in which a law
610668 2 enforcement officer, or any person acting at the direction
611669 3 of a law enforcement officer, is a party to the
612670 4 conversation and has consented to the conversation being
613671 5 intercepted or recorded in the course of an investigation
614672 6 of a qualified offense. The Attorney General or the
615673 7 State's Attorney may grant this approval only after
616674 8 determining that reasonable cause exists to believe that
617675 9 inculpatory conversations concerning a qualified offense
618676 10 will occur with a specified individual or individuals
619677 11 within a designated period of time.
620678 12 (2) Request for approval. To invoke the exception
621679 13 contained in this subsection (q), a law enforcement
622680 14 officer shall make a request for approval to the Attorney
623681 15 General or the appropriate State's Attorney. The request
624682 16 may be written or verbal; however, a written
625683 17 memorialization of the request must be made by the
626684 18 Attorney General or the State's Attorney. This request for
627685 19 approval shall include whatever information is deemed
628686 20 necessary by the Attorney General or the State's Attorney
629687 21 but shall include, at a minimum, the following information
630688 22 about each specified individual whom the law enforcement
631689 23 officer believes will commit a qualified offense:
632690 24 (A) his or her full or partial name, nickname or
633691 25 alias;
634692 26 (B) a physical description; or
635693
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645703 1 (C) failing either (A) or (B) of this paragraph
646704 2 (2), any other supporting information known to the law
647705 3 enforcement officer at the time of the request that
648706 4 gives rise to reasonable cause to believe that the
649707 5 specified individual will participate in an
650708 6 inculpatory conversation concerning a qualified
651709 7 offense.
652710 8 (3) Limitations on approval. Each written approval by
653711 9 the Attorney General or the State's Attorney under this
654712 10 subsection (q) shall be limited to:
655713 11 (A) a recording or interception conducted by a
656714 12 specified law enforcement officer or person acting at
657715 13 the direction of a law enforcement officer;
658716 14 (B) recording or intercepting conversations with
659717 15 the individuals specified in the request for approval,
660718 16 provided that the verbal approval shall be deemed to
661719 17 include the recording or intercepting of conversations
662720 18 with other individuals, unknown to the law enforcement
663721 19 officer at the time of the request for approval, who
664722 20 are acting in conjunction with or as co-conspirators
665723 21 with the individuals specified in the request for
666724 22 approval in the commission of a qualified offense;
667725 23 (C) a reasonable period of time but in no event
668726 24 longer than 24 consecutive hours;
669727 25 (D) the written request for approval, if
670728 26 applicable, or the written memorialization must be
671729
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681739 1 filed, along with the written approval, with the
682740 2 circuit clerk of the jurisdiction on the next business
683741 3 day following the expiration of the authorized period
684742 4 of time, and shall be subject to review by the Chief
685743 5 Judge or his or her designee as deemed appropriate by
686744 6 the court.
687745 7 (3.5) The written memorialization of the request for
688746 8 approval and the written approval by the Attorney General
689747 9 or the State's Attorney may be in any format, including
690748 10 via facsimile, email, or otherwise, so long as it is
691749 11 capable of being filed with the circuit clerk.
692750 12 (3.10) Beginning March 1, 2015, the Attorney General
693751 13 and each State's Attorney shall annually submit a report
694752 14 to the General Assembly disclosing:
695753 15 (A) the number of requests for each qualified
696754 16 offense for approval under this subsection; and
697755 17 (B) the number of approvals for each qualified
698756 18 offense given by the Attorney General or the State's
699757 19 Attorney.
700758 20 (4) Admissibility of evidence. No part of the contents
701759 21 of any wire, electronic, or oral communication that has
702760 22 been recorded or intercepted as a result of this exception
703761 23 may be received in evidence in any trial, hearing, or
704762 24 other proceeding in or before any court, grand jury,
705763 25 department, officer, agency, regulatory body, legislative
706764 26 committee, or other authority of this State, or a
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717775 1 political subdivision of the State, other than in a
718776 2 prosecution of:
719777 3 (A) the qualified offense for which approval was
720778 4 given to record or intercept a conversation under this
721779 5 subsection (q);
722780 6 (B) a forcible felony committed directly in the
723781 7 course of the investigation of the qualified offense
724782 8 for which approval was given to record or intercept a
725783 9 conversation under this subsection (q); or
726784 10 (C) any other forcible felony committed while the
727785 11 recording or interception was approved in accordance
728786 12 with this subsection (q), but for this specific
729787 13 category of prosecutions, only if the law enforcement
730788 14 officer or person acting at the direction of a law
731789 15 enforcement officer who has consented to the
732790 16 conversation being intercepted or recorded suffers
733791 17 great bodily injury or is killed during the commission
734792 18 of the charged forcible felony.
735793 19 (5) Compliance with the provisions of this subsection
736794 20 is a prerequisite to the admissibility in evidence of any
737795 21 part of the contents of any wire, electronic or oral
738796 22 communication that has been intercepted as a result of
739797 23 this exception, but nothing in this subsection shall be
740798 24 deemed to prevent a court from otherwise excluding the
741799 25 evidence on any other ground recognized by State or
742800 26 federal law, nor shall anything in this subsection be
743801
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753811 1 deemed to prevent a court from independently reviewing the
754812 2 admissibility of the evidence for compliance with the
755813 3 Fourth Amendment to the U.S. Constitution or with Article
756814 4 I, Section 6 of the Illinois Constitution.
757815 5 (6) Use of recordings or intercepts unrelated to
758816 6 qualified offenses. Whenever any private conversation or
759817 7 private electronic communication has been recorded or
760818 8 intercepted as a result of this exception that is not
761819 9 related to an offense for which the recording or intercept
762820 10 is admissible under paragraph (4) of this subsection (q),
763821 11 no part of the contents of the communication and evidence
764822 12 derived from the communication may be received in evidence
765823 13 in any trial, hearing, or other proceeding in or before
766824 14 any court, grand jury, department, officer, agency,
767825 15 regulatory body, legislative committee, or other authority
768826 16 of this State, or a political subdivision of the State,
769827 17 nor may it be publicly disclosed in any way.
770828 18 (6.5) The Illinois State Police shall adopt rules as
771829 19 are necessary concerning the use of devices, retention of
772830 20 recordings, and reports regarding their use under this
773831 21 subsection (q).
774832 22 (7) Definitions. For the purposes of this subsection
775833 23 (q) only:
776834 24 "Attorney General" includes and is limited to the
777835 25 Attorney General or an Assistant Attorney General
778836 26 designated by the Attorney General to provide verbal
779837
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788- HB1836 Engrossed - 23 - LRB104 08084 RLC 18130 b
845+HB1836- 23 -LRB104 08084 RLC 18130 b HB1836 - 23 - LRB104 08084 RLC 18130 b
846+ HB1836 - 23 - LRB104 08084 RLC 18130 b
789847 1 approval to record or intercept conversations under
790848 2 this subsection (q).
791849 3 "Forcible felony" includes and is limited to those
792850 4 offenses contained in Section 2-8 of the Criminal Code
793851 5 of 1961 as of the effective date of this amendatory Act
794852 6 of the 97th General Assembly, and only as those
795853 7 offenses have been defined by law or judicial
796854 8 interpretation as of that date.
797855 9 "Qualified offense" means and is limited to:
798856 10 (A) a felony violation of the Cannabis Control
799857 11 Act, the Illinois Controlled Substances Act, or
800858 12 the Methamphetamine Control and Community
801859 13 Protection Act, except for violations of:
802860 14 (i) Section 4 of the Cannabis Control Act;
803861 15 (ii) Section 402 of the Illinois
804862 16 Controlled Substances Act; and
805863 17 (iii) Section 60 of the Methamphetamine
806864 18 Control and Community Protection Act; and
807865 19 (B) first degree murder, solicitation of
808866 20 murder for hire, predatory criminal sexual assault
809867 21 of a child, criminal sexual assault, aggravated
810868 22 criminal sexual assault, aggravated arson,
811869 23 kidnapping, aggravated kidnapping, child
812870 24 abduction, trafficking in persons, involuntary
813871 25 servitude, involuntary sexual servitude of a
814872 26 minor, or gunrunning.
815873
816874
817875
818876
819877
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878+ HB1836 - 23 - LRB104 08084 RLC 18130 b
821879
822880
823-HB1836 Engrossed- 24 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 24 - LRB104 08084 RLC 18130 b
824- HB1836 Engrossed - 24 - LRB104 08084 RLC 18130 b
881+HB1836- 24 -LRB104 08084 RLC 18130 b HB1836 - 24 - LRB104 08084 RLC 18130 b
882+ HB1836 - 24 - LRB104 08084 RLC 18130 b
825883 1 "State's Attorney" includes and is limited to the
826884 2 State's Attorney or an assistant State's Attorney
827885 3 designated by the State's Attorney to provide verbal
828886 4 approval to record or intercept conversations under
829887 5 this subsection (q).
830888 6 (8) Sunset. This subsection (q) is inoperative on and
831889 7 after January 1, 2027. No conversations intercepted
832890 8 pursuant to this subsection (q), while operative, shall be
833891 9 inadmissible in a court of law by virtue of the
834892 10 inoperability of this subsection (q) on January 1, 2027.
835893 11 (9) Recordings, records, and custody. Any private
836894 12 conversation or private electronic communication
837895 13 intercepted by a law enforcement officer or a person
838896 14 acting at the direction of law enforcement shall, if
839897 15 practicable, be recorded in such a way as will protect the
840898 16 recording from editing or other alteration. Any and all
841899 17 original recordings made under this subsection (q) shall
842900 18 be inventoried without unnecessary delay pursuant to the
843901 19 law enforcement agency's policies for inventorying
844902 20 evidence. The original recordings shall not be destroyed
845903 21 except upon an order of a court of competent jurisdiction;
846904 22 and
847905 23 (r) Electronic recordings, including but not limited
848906 24 to, motion picture, videotape, digital, or other visual or
849907 25 audio recording, made of a lineup under Section 107A-2 of
850908 26 the Code of Criminal Procedure of 1963.
851909
852910
853911
854912
855913
856- HB1836 Engrossed - 24 - LRB104 08084 RLC 18130 b
914+ HB1836 - 24 - LRB104 08084 RLC 18130 b
857915
858916
859-HB1836 Engrossed- 25 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 25 - LRB104 08084 RLC 18130 b
860- HB1836 Engrossed - 25 - LRB104 08084 RLC 18130 b
917+HB1836- 25 -LRB104 08084 RLC 18130 b HB1836 - 25 - LRB104 08084 RLC 18130 b
918+ HB1836 - 25 - LRB104 08084 RLC 18130 b
861919 1 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
862920 2 102-918, eff. 5-27-22.)
863921 3 Section 10. The Code of Criminal Procedure of 1963 is
864922 4 amended by changing Sections 108A-1, 108A-3, 108A-6, and
865923 5 108A-11 as follows:
866924 6 (725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)
867925 7 Sec. 108A-1. Authorization for use of eavesdropping
868926 8 device. The Attorney General or an Assistant Attorney General
869927 9 authorized by the Attorney General or the State's Attorney or
870928 10 an Assistant State's Attorney authorized by the State's
871929 11 Attorney may authorize an application to a circuit judge or an
872930 12 associate judge assigned by the Chief Judge of the circuit
873931 13 for, and such judge may grant in conformity with this Article,
874932 14 an order authorizing or approving the use of an eavesdropping
875933 15 device by a law enforcement officer or agency having the
876934 16 responsibility for the investigation of any felony under
877935 17 Illinois law where any one party to a conversation to be
878936 18 monitored, or previously monitored in the case of an emergency
879937 19 situation as defined in this Article, has consented to such
880938 20 monitoring.
881939 21 The Chief Judge of the circuit may assign to associate
882940 22 judges the power to issue orders authorizing or approving the
883941 23 use of eavesdropping devices by law enforcement officers or
884942 24 agencies in accordance with this Article. After assignment by
885943
886944
887945
888946
889947
890- HB1836 Engrossed - 25 - LRB104 08084 RLC 18130 b
948+ HB1836 - 25 - LRB104 08084 RLC 18130 b
891949
892950
893-HB1836 Engrossed- 26 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 26 - LRB104 08084 RLC 18130 b
894- HB1836 Engrossed - 26 - LRB104 08084 RLC 18130 b
951+HB1836- 26 -LRB104 08084 RLC 18130 b HB1836 - 26 - LRB104 08084 RLC 18130 b
952+ HB1836 - 26 - LRB104 08084 RLC 18130 b
895953 1 the Chief Judge, an associate judge shall have plenary
896954 2 authority to issue such orders without additional
897955 3 authorization for each specific application made to him by the
898956 4 Attorney General or the State's Attorney until such time as
899957 5 the associate judge's power is rescinded by the Chief Judge.
900958 6 (Source: P.A. 92-413, eff. 8-17-01.)
901959 7 (725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
902960 8 Sec. 108A-3. Procedure for Obtaining Judicial Approval of
903961 9 Use of Eavesdropping Device. (a) Where any one party to a
904962 10 conversation to occur in the future has consented to the use of
905963 11 an eavesdropping device to overhear or record the
906964 12 conversation, a judge may grant approval to an application to
907965 13 use an eavesdropping device pursuant to the provisions of this
908966 14 section.
909967 15 Each application for an order authorizing or subsequently
910968 16 approving the use of an eavesdropping device shall be made in
911969 17 writing upon oath or affirmation to a circuit judge, or an
912970 18 associate judge assigned for such purpose pursuant to Section
913971 19 108A-1 of this Code, and shall state the applicant's authority
914972 20 to make such application. Each application shall include the
915973 21 following:
916974 22 (1) the identity of the investigative or law enforcement
917975 23 officer making the application and the Attorney General or the
918976 24 State's Attorney authorizing the application;
919977 25 (2) a statement of the facts and circumstances relied upon
920978
921979
922980
923981
924982
925- HB1836 Engrossed - 26 - LRB104 08084 RLC 18130 b
983+ HB1836 - 26 - LRB104 08084 RLC 18130 b
926984
927985
928-HB1836 Engrossed- 27 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 27 - LRB104 08084 RLC 18130 b
929- HB1836 Engrossed - 27 - LRB104 08084 RLC 18130 b
986+HB1836- 27 -LRB104 08084 RLC 18130 b HB1836 - 27 - LRB104 08084 RLC 18130 b
987+ HB1836 - 27 - LRB104 08084 RLC 18130 b
930988 1 by the applicant to justify his belief that an order should be
931989 2 issued including: (a) details as to the felony that has been,
932990 3 is being, or is about to be committed; (b) a description of the
933991 4 type of communication sought to be monitored; (c) the identity
934992 5 of the party to the expected conversation consenting to the
935993 6 use of an eavesdropping device; (d) the identity of the
936994 7 person, if known, whose conversations are to be overheard by
937995 8 the eavesdropping device;
938996 9 (3) a statement of the period of time for which the use of
939997 10 the device is to be maintained or, if the nature of the
940998 11 investigation is such that the authorization for use of the
941999 12 device should not terminate automatically when the described
9421000 13 type of communication is overheard or recorded, a description
9431001 14 of facts establishing reasonable cause to believe that
9441002 15 additional conversations of the same type will occur
9451003 16 thereafter;
9461004 17 (4) a statement of the existence of all previous
9471005 18 applications known to the individual making the application
9481006 19 which have been made to any judge requesting permission to use
9491007 20 an eavesdropping device involving the same persons in the
9501008 21 present application, and the action taken by the judge on the
9511009 22 previous applications;
9521010 23 (5) when the application is for an extension of an order, a
9531011 24 statement setting forth the results so far obtained from the
9541012 25 use of the eavesdropping device or an explanation of the
9551013 26 failure to obtain such results.
9561014
9571015
9581016
9591017
9601018
961- HB1836 Engrossed - 27 - LRB104 08084 RLC 18130 b
1019+ HB1836 - 27 - LRB104 08084 RLC 18130 b
9621020
9631021
964-HB1836 Engrossed- 28 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 28 - LRB104 08084 RLC 18130 b
965- HB1836 Engrossed - 28 - LRB104 08084 RLC 18130 b
1022+HB1836- 28 -LRB104 08084 RLC 18130 b HB1836 - 28 - LRB104 08084 RLC 18130 b
1023+ HB1836 - 28 - LRB104 08084 RLC 18130 b
9661024 1 (b) The judge may request the applicant to furnish
9671025 2 additional testimony, witnesses, or evidence in support of the
9681026 3 application.
9691027 4 (Source: P.A. 86-391.)
9701028 5 (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
9711029 6 Sec. 108A-6. Emergency Exception to Procedures. (a)
9721030 7 Notwithstanding any other provisions of this Article, any
9731031 8 investigative or law enforcement officer, upon approval of the
9741032 9 Attorney General or a State's Attorney, or without it if a
9751033 10 reasonable effort has been made to contact the Attorney
9761034 11 General or the appropriate State's Attorney, may use an
9771035 12 eavesdropping device in an emergency situation as defined in
9781036 13 this Section. Such use must be in accordance with the
9791037 14 provisions of this Section and may be allowed only where the
9801038 15 officer reasonably believes that an order permitting the use
9811039 16 of the device would issue were there a prior hearing.
9821040 17 An emergency situation exists when, without previous
9831041 18 notice to the law enforcement officer sufficient to obtain
9841042 19 prior judicial approval, the conversation to be overheard or
9851043 20 recorded will occur within a short period of time, the use of
9861044 21 the device is necessary for the protection of the law
9871045 22 enforcement officer or it will occur in a situation involving
9881046 23 a clear and present danger of imminent death or great bodily
9891047 24 harm to persons resulting from: (1) a kidnapping or the
9901048 25 holding of a hostage by force or the threat of the imminent use
9911049
9921050
9931051
9941052
9951053
996- HB1836 Engrossed - 28 - LRB104 08084 RLC 18130 b
1054+ HB1836 - 28 - LRB104 08084 RLC 18130 b
9971055
9981056
999-HB1836 Engrossed- 29 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 29 - LRB104 08084 RLC 18130 b
1000- HB1836 Engrossed - 29 - LRB104 08084 RLC 18130 b
1057+HB1836- 29 -LRB104 08084 RLC 18130 b HB1836 - 29 - LRB104 08084 RLC 18130 b
1058+ HB1836 - 29 - LRB104 08084 RLC 18130 b
10011059 1 of force; or (2) the occupation by force or the threat of the
10021060 2 imminent use of force of any premises, place, vehicle, vessel
10031061 3 or aircraft; or (3) any violation of Article 29D.
10041062 4 (b) In all such cases, an application for an order
10051063 5 approving the previous or continuing use of an eavesdropping
10061064 6 device must be made within 48 hours of the commencement of such
10071065 7 use. In the absence of such an order, or upon its denial, any
10081066 8 continuing use shall immediately terminate.
10091067 9 In order to approve such emergency use, the judge must
10101068 10 make a determination (1) that he would have granted an order
10111069 11 had the information been before the court prior to the use of
10121070 12 the device and (2) that there was an emergency situation as
10131071 13 defined in this Section.
10141072 14 (c) In the event that an application for approval under
10151073 15 this Section is denied the contents of the conversations
10161074 16 overheard or recorded shall be treated as having been obtained
10171075 17 in violation of this Article.
10181076 18 (Source: P.A. 92-854, eff. 12-5-02.)
10191077 19 (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
10201078 20 Sec. 108A-11. Reports concerning use of eavesdropping
10211079 21 devices.
10221080 22 (a) In January of each year the Attorney General and the
10231081 23 State's Attorney of each county in which eavesdropping devices
10241082 24 were used pursuant to the provisions of this Article shall
10251083 25 report to the Illinois State Police the following with respect
10261084
10271085
10281086
10291087
10301088
1031- HB1836 Engrossed - 29 - LRB104 08084 RLC 18130 b
1089+ HB1836 - 29 - LRB104 08084 RLC 18130 b
10321090
10331091
1034-HB1836 Engrossed- 30 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 30 - LRB104 08084 RLC 18130 b
1035- HB1836 Engrossed - 30 - LRB104 08084 RLC 18130 b
1092+HB1836- 30 -LRB104 08084 RLC 18130 b HB1836 - 30 - LRB104 08084 RLC 18130 b
1093+ HB1836 - 30 - LRB104 08084 RLC 18130 b
10361094 1 to each application for an order authorizing the use of an
10371095 2 eavesdropping device, or an extension thereof, made during the
10381096 3 preceding calendar year:
10391097 4 (1) the fact that such an order, extension, or
10401098 5 subsequent approval of an emergency was applied for;
10411099 6 (2) the kind of order or extension applied for;
10421100 7 (3) a statement as to whether the order or extension
10431101 8 was granted as applied for was modified, or was denied;
10441102 9 (4) the period authorized by the order or extensions
10451103 10 in which an eavesdropping device could be used;
10461104 11 (5) the felony specified in the order extension or
10471105 12 denied application;
10481106 13 (6) the identity of the applying investigative or law
10491107 14 enforcement officer and agency making the application and
10501108 15 the Attorney General or the State's Attorney authorizing
10511109 16 the application; and
10521110 17 (7) the nature of the facilities from which or the
10531111 18 place where the eavesdropping device was to be used.
10541112 19 (b) Such report shall also include the following:
10551113 20 (1) a general description of the uses of eavesdropping
10561114 21 devices actually made under such order to overheard or
10571115 22 record conversations, including: (a) the approximate
10581116 23 nature and frequency of incriminating conversations
10591117 24 overheard, (b) the approximate nature and frequency of
10601118 25 other conversations overheard, (c) the approximate number
10611119 26 of persons whose conversations were overheard, and (d) the
10621120
10631121
10641122
10651123
10661124
1067- HB1836 Engrossed - 30 - LRB104 08084 RLC 18130 b
1125+ HB1836 - 30 - LRB104 08084 RLC 18130 b
10681126
10691127
1070-HB1836 Engrossed- 31 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 31 - LRB104 08084 RLC 18130 b
1071- HB1836 Engrossed - 31 - LRB104 08084 RLC 18130 b
1128+HB1836- 31 -LRB104 08084 RLC 18130 b HB1836 - 31 - LRB104 08084 RLC 18130 b
1129+ HB1836 - 31 - LRB104 08084 RLC 18130 b
10721130 1 approximate nature, amount, and cost of the manpower and
10731131 2 other resources used pursuant to the authorization to use
10741132 3 an eavesdropping device;
10751133 4 (2) the number of arrests resulting from authorized
10761134 5 uses of eavesdropping devices and the offenses for which
10771135 6 arrests were made;
10781136 7 (3) the number of trials resulting from such uses of
10791137 8 eavesdropping devices;
10801138 9 (4) the number of motions to suppress made with
10811139 10 respect to such uses, and the number granted or denied;
10821140 11 and
10831141 12 (5) the number of convictions resulting from such uses
10841142 13 and the offenses for which the convictions were obtained
10851143 14 and a general assessment of the importance of the
10861144 15 convictions.
10871145 16 (c) In April of each year, the Illinois State Police shall
10881146 17 transmit to the General Assembly a report including
10891147 18 information on the number of applications for orders
10901148 19 authorizing the use of eavesdropping devices, the number of
10911149 20 orders and extensions granted or denied during the preceding
10921150 21 calendar year, and the convictions arising out of such uses.
10931151 22 The requirement for reporting to the General Assembly
10941152 23 shall be satisfied by filing copies of the report as required
10951153 24 by Section 3.1 of the General Assembly Organization Act, and
10961154 25 filing such additional copies with the State Government Report
10971155 26 Distribution Center for the General Assembly as is required
10981156
10991157
11001158
11011159
11021160
1103- HB1836 Engrossed - 31 - LRB104 08084 RLC 18130 b
1161+ HB1836 - 31 - LRB104 08084 RLC 18130 b
11041162
11051163
1106-HB1836 Engrossed- 32 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 32 - LRB104 08084 RLC 18130 b
1107- HB1836 Engrossed - 32 - LRB104 08084 RLC 18130 b
1164+HB1836- 32 -LRB104 08084 RLC 18130 b HB1836 - 32 - LRB104 08084 RLC 18130 b
1165+ HB1836 - 32 - LRB104 08084 RLC 18130 b
11081166 1 under paragraph (t) of Section 7 of the State Library Act.
11091167 2 (Source: P.A. 102-538, eff. 8-20-21.)
11101168 3 Section 15. The Statewide Grand Jury Act is amended by
11111169 4 changing Sections 2, 3, and 4 as follows:
11121170 5 (725 ILCS 215/2) (from Ch. 38, par. 1702)
11131171 6 Sec. 2. (a) County grand juries and State's Attorneys have
11141172 7 always had and shall continue to have primary responsibility
11151173 8 for investigating, indicting, and prosecuting persons who
11161174 9 violate the criminal laws of the State of Illinois. However,
11171175 10 in recent years organized terrorist activity directed against
11181176 11 innocent civilians and certain criminal enterprises have
11191177 12 developed that require investigation, indictment, and
11201178 13 prosecution on a statewide or multicounty level. The criminal
11211179 14 enterprises exist as a result of the allure of profitability
11221180 15 present in narcotic activity, the unlawful sale and transfer
1123-16 of firearms, retail theft, crimes committed by use of the
1124-17 Internet, financial crimes, and streetgang related felonies
1125-18 and organized terrorist activity is supported by the
1126-19 contribution of money and expert assistance from
1127-20 geographically diverse sources. In order to shut off the life
1128-21 blood of terrorism and weaken or eliminate the criminal
1129-22 enterprises, assets, and property used to further these
1130-23 offenses must be frozen, and any profit must be removed. State
1131-24 statutes exist that can accomplish that goal. Among them are
1181+16 of firearms, and streetgang related felonies and organized
1182+17 terrorist activity is supported by the contribution of money
1183+18 and expert assistance from geographically diverse sources. In
1184+19 order to shut off the life blood of terrorism and weaken or
1185+20 eliminate the criminal enterprises, assets, and property used
1186+21 to further these offenses must be frozen, and any profit must
1187+22 be removed. State statutes exist that can accomplish that
1188+23 goal. Among them are the offense of money laundering,
1189+24 violations of Article 29D of the Criminal Code of 1961 or the
11321190
11331191
11341192
11351193
11361194
1137- HB1836 Engrossed - 32 - LRB104 08084 RLC 18130 b
1195+ HB1836 - 32 - LRB104 08084 RLC 18130 b
11381196
11391197
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1141- HB1836 Engrossed - 33 - LRB104 08084 RLC 18130 b
1142-1 the offense of money laundering, violations of Article 29D of
1143-2 the Criminal Code of 1961 or the Criminal Code of 2012, the
1144-3 Narcotics Profit Forfeiture Act, and gunrunning. Local
1145-4 prosecutors need investigative personnel and specialized
1146-5 training to attack and eliminate these profits. In light of
1147-6 the transitory and complex nature of conduct that constitutes
1148-7 these criminal activities, the many diverse property interests
1149-8 that may be used, acquired directly or indirectly as a result
1150-9 of these criminal activities, and the many places that
1151-10 illegally obtained property may be located, it is the purpose
1152-11 of this Act to create a limited, multicounty Statewide Grand
1153-12 Jury with authority to investigate, indict, and prosecute:
1154-13 narcotic activity, including cannabis and controlled substance
1155-14 trafficking, narcotics racketeering, money laundering,
1156-15 violations of the Cannabis and Controlled Substances Tax Act,
1157-16 and violations of Article 29D of the Criminal Code of 1961 or
1158-17 the Criminal Code of 2012; the unlawful sale and transfer of
1159-18 firearms; gunrunning; retail theft; crimes committed by use of
1160-19 the Internet; financial crimes; and streetgang related
1161-20 felonies.
1162-21 (b) A Statewide Grand Jury may also investigate, indict,
1163-22 and prosecute violations facilitated by the use of a computer
1164-23 of any of the following offenses: indecent solicitation of a
1165-24 child, sexual exploitation of a child, soliciting for a
1166-25 juvenile prostitute, keeping a place of juvenile prostitution,
1167-26 juvenile pimping, child pornography, aggravated child
1198+HB1836- 33 -LRB104 08084 RLC 18130 b HB1836 - 33 - LRB104 08084 RLC 18130 b
1199+ HB1836 - 33 - LRB104 08084 RLC 18130 b
1200+1 Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
1201+2 and gunrunning. Local prosecutors need investigative personnel
1202+3 and specialized training to attack and eliminate these
1203+4 profits. In light of the transitory and complex nature of
1204+5 conduct that constitutes these criminal activities, the many
1205+6 diverse property interests that may be used, acquired directly
1206+7 or indirectly as a result of these criminal activities, and
1207+8 the many places that illegally obtained property may be
1208+9 located, it is the purpose of this Act to create a limited,
1209+10 multicounty Statewide Grand Jury with authority to
1210+11 investigate, indict, and prosecute: narcotic activity,
1211+12 including cannabis and controlled substance trafficking,
1212+13 narcotics racketeering, money laundering, violations of the
1213+14 Cannabis and Controlled Substances Tax Act, and violations of
1214+15 Article 29D of the Criminal Code of 1961 or the Criminal Code
1215+16 of 2012; the unlawful sale and transfer of firearms;
1216+17 gunrunning; and streetgang related felonies.
1217+18 (b) A Statewide Grand Jury may also investigate, indict,
1218+19 and prosecute violations facilitated by the use of a computer
1219+20 of any of the following offenses: indecent solicitation of a
1220+21 child, sexual exploitation of a child, soliciting for a
1221+22 juvenile prostitute, keeping a place of juvenile prostitution,
1222+23 juvenile pimping, child pornography, aggravated child
1223+24 pornography, obscene depiction of a purported child,
1224+25 non-consensual dissemination of sexually explicit digitized
1225+26 depictions, or promoting juvenile prostitution except as
11681226
11691227
11701228
11711229
11721230
1173- HB1836 Engrossed - 33 - LRB104 08084 RLC 18130 b
1231+ HB1836 - 33 - LRB104 08084 RLC 18130 b
11741232
11751233
1176-HB1836 Engrossed- 34 -LRB104 08084 RLC 18130 b HB1836 Engrossed - 34 - LRB104 08084 RLC 18130 b
1177- HB1836 Engrossed - 34 - LRB104 08084 RLC 18130 b
1178-1 pornography, obscene depiction of a purported child,
1179-2 non-consensual dissemination of sexually explicit digitized
1180-3 depictions, or promoting juvenile prostitution except as
1181-4 described in subdivision (a)(4) of Section 11-14.4 of the
1182-5 Criminal Code of 1961 or the Criminal Code of 2012.
1183-6 (c) A Statewide Grand Jury may also investigate, indict,
1184-7 and prosecute violations of organized retail crime, and its
1185-8 related acts; continuing financial enterprises and Internet
1186-9 offenses.
1187-10 (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
1188-11 (725 ILCS 215/3) (from Ch. 38, par. 1703)
1189-12 Sec. 3. Written application for the appointment of a
1190-13 Circuit Judge to convene and preside over a Statewide Grand
1191-14 Jury, with jurisdiction extending throughout the State, shall
1192-15 be made to the Chief Justice of the Supreme Court. Upon such
1193-16 written application, the Chief Justice of the Supreme Court
1194-17 shall appoint a Circuit Judge from the circuit where the
1195-18 Statewide Grand Jury is being sought to be convened, who shall
1196-19 make a determination that the convening of a Statewide Grand
1197-20 Jury is necessary.
1198-21 In such application the Attorney General shall state that
1199-22 the convening of a Statewide Grand Jury is necessary because
1200-23 of an alleged offense or offenses set forth in this Section
1201-24 involving more than one county of the State and identifying
1202-25 any such offense alleged; and
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1235+ HB1836 - 34 - LRB104 08084 RLC 18130 b
1236+1 described in subdivision (a)(4) of Section 11-14.4 of the
1237+2 Criminal Code of 1961 or the Criminal Code of 2012.
1238+3 (c) A Statewide Grand Jury may also investigate, indict,
1239+4 and prosecute violations of theft, retail theft, organized
1240+5 retail crime, Internet offenses, continuing financial crimes
1241+6 enterprise, vehicular hijacking, aggravated vehicular
1242+7 hijacking, vehicular invasion, burglary, residential burglary,
1243+8 and home invasion.
1244+9 (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
1245+10 (725 ILCS 215/3) (from Ch. 38, par. 1703)
1246+11 Sec. 3. Written application for the appointment of a
1247+12 Circuit Judge to convene and preside over a Statewide Grand
1248+13 Jury, with jurisdiction extending throughout the State, shall
1249+14 be made to the Chief Justice of the Supreme Court. Upon such
1250+15 written application, the Chief Justice of the Supreme Court
1251+16 shall appoint a Circuit Judge from the circuit where the
1252+17 Statewide Grand Jury is being sought to be convened, who shall
1253+18 make a determination that the convening of a Statewide Grand
1254+19 Jury is necessary.
1255+20 In such application the Attorney General shall state that
1256+21 the convening of a Statewide Grand Jury is necessary because
1257+22 of an alleged offense or offenses set forth in this Section
1258+23 involving more than one county of the State and identifying
1259+24 any such offense alleged; and
1260+25 (a) that he or she believes that the grand jury
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1213-1 (a) that he or she believes that the grand jury
1214-2 function for the investigation and indictment of the
1215-3 offense or offenses cannot effectively be performed by a
1216-4 county grand jury together with the reasons for such
1217-5 belief, and
1218-6 (b)(1) that each State's Attorney with jurisdiction
1219-7 over an offense or offenses to be investigated has
1220-8 consented to the impaneling of the Statewide Grand Jury,
1221-9 or
1222-10 (2) if one or more of the State's Attorneys having
1223-11 jurisdiction over an offense or offenses to be
1224-12 investigated fails to consent to the impaneling of the
1225-13 Statewide Grand Jury, the Attorney General shall set forth
1226-14 good cause for impaneling the Statewide Grand Jury.
1227-15 If the Circuit Judge determines that the convening of a
1228-16 Statewide Grand Jury is necessary, he or she shall convene and
1229-17 impanel the Statewide Grand Jury with jurisdiction extending
1230-18 throughout the State to investigate and return indictments:
1231-19 (a) For violations of any of the following or for any
1232-20 other criminal offense committed in the course of
1233-21 violating any of the following: Article 29D of the
1234-22 Criminal Code of 1961 or the Criminal Code of 2012, the
1235-23 Illinois Controlled Substances Act, the Cannabis Control
1236-24 Act, the Methamphetamine Control and Community Protection
1237-25 Act, or the Narcotics Profit Forfeiture Act; a streetgang
1238-26 related felony offense; Section 16-1, 16-25, 16-25.1,
1269+HB1836- 35 -LRB104 08084 RLC 18130 b HB1836 - 35 - LRB104 08084 RLC 18130 b
1270+ HB1836 - 35 - LRB104 08084 RLC 18130 b
1271+1 function for the investigation and indictment of the
1272+2 offense or offenses cannot effectively be performed by a
1273+3 county grand jury together with the reasons for such
1274+4 belief, and
1275+5 (b)(1) that each State's Attorney with jurisdiction
1276+6 over an offense or offenses to be investigated has
1277+7 consented to the impaneling of the Statewide Grand Jury,
1278+8 or
1279+9 (2) if one or more of the State's Attorneys having
1280+10 jurisdiction over an offense or offenses to be
1281+11 investigated fails to consent to the impaneling of the
1282+12 Statewide Grand Jury, the Attorney General shall set forth
1283+13 good cause for impaneling the Statewide Grand Jury.
1284+14 If the Circuit Judge determines that the convening of a
1285+15 Statewide Grand Jury is necessary, he or she shall convene and
1286+16 impanel the Statewide Grand Jury with jurisdiction extending
1287+17 throughout the State to investigate and return indictments:
1288+18 (a) For violations of any of the following or for any
1289+19 other criminal offense committed in the course of
1290+20 violating any of the following: Article 29D of the
1291+21 Criminal Code of 1961 or the Criminal Code of 2012, the
1292+22 Illinois Controlled Substances Act, the Cannabis Control
1293+23 Act, the Methamphetamine Control and Community Protection
1294+24 Act, or the Narcotics Profit Forfeiture Act; a streetgang
1295+25 related felony offense; Section 16-1, 16-25, 16-25.1,
1296+26 16-40, 17-10.6(h), 18-3, 18-4, 18-6, 19-1, 19-3, 19-6,
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1249-1 16-40, 17-10.6(h), 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
1250-2 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
1251-3 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
1252-4 24-1(c) of the Criminal Code of 1961 or the Criminal Code
1253-5 of 2012; or a money laundering offense; provided that the
1254-6 violation or offense inv olves acts occurring in more than
1255-7 one county of this State; and
1256-8 (a-5) For violations facilitated by the use of a
1257-9 computer, including the use of the Internet, the World
1258-10 Wide Web, electronic mail, message board, newsgroup, or
1259-11 any other commercial or noncommercial on-line service, of
1260-12 any of the following offenses: indecent solicitation of a
1261-13 child, sexual exploitation of a child, soliciting for a
1262-14 juvenile prostitute, keeping a place of juvenile
1263-15 prostitution, juvenile pimping, child pornography,
1264-16 aggravated child pornography, obscene depiction of a
1265-17 purported child, non-consensual dissemination of sexually
1266-18 explicit digitized depictions, or promoting juvenile
1267-19 prostitution except as described in subdivision (a)(4) of
1268-20 Section 11-14.4 of the Criminal Code of 1961 or the
1269-21 Criminal Code of 2012; and
1270-22 (b) For the offenses of perjury, subornation of
1271-23 perjury, communicating with jurors and witnesses, and
1272-24 harassment of jurors and witnesses, as they relate to
1273-25 matters before the Statewide Grand Jury.
1274-26 "Streetgang related" has the meaning ascribed to it in
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1306+ HB1836 - 36 - LRB104 08084 RLC 18130 b
1307+1 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4,
1308+2 or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
1309+3 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
1310+4 of 1961 or the Criminal Code of 2012; or a money laundering
1311+5 offense; provided that the violation or offense involves
1312+6 acts occurring in more than one county of this State; and
1313+7 (a-5) For violations facilitated by the use of a
1314+8 computer, including the use of the Internet, the World
1315+9 Wide Web, electronic mail, message board, newsgroup, or
1316+10 any other commercial or noncommercial on-line service, of
1317+11 any of the following offenses: indecent solicitation of a
1318+12 child, sexual exploitation of a child, soliciting for a
1319+13 juvenile prostitute, keeping a place of juvenile
1320+14 prostitution, juvenile pimping, child pornography,
1321+15 aggravated child pornography, obscene depiction of a
1322+16 purported child, non-consensual dissemination of sexually
1323+17 explicit digitized depictions, or promoting juvenile
1324+18 prostitution except as described in subdivision (a)(4) of
1325+19 Section 11-14.4 of the Criminal Code of 1961 or the
1326+20 Criminal Code of 2012; and
1327+21 (b) For the offenses of perjury, subornation of
1328+22 perjury, communicating with jurors and witnesses, and
1329+23 harassment of jurors and witnesses, as they relate to
1330+24 matters before the Statewide Grand Jury.
1331+25 "Streetgang related" has the meaning ascribed to it in
1332+26 Section 10 of the Illinois Streetgang Terrorism Omnibus
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1285-1 Section 10 of the Illinois Streetgang Terrorism Omnibus
1286-2 Prevention Act.
1287-3 Upon written application by the Attorney General for the
1288-4 convening of an additional Statewide Grand Jury, the Chief
1289-5 Justice of the Supreme Court shall appoint a Circuit Judge
1290-6 from the circuit for which the additional Statewide Grand Jury
1291-7 is sought. The Circuit Judge shall determine the necessity for
1292-8 an additional Statewide Grand Jury in accordance with the
1293-9 provisions of this Section. No more than 2 Statewide Grand
1294-10 Juries may be empaneled at any time.
1295-11 (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
1296-12 (725 ILCS 215/4) (from Ch. 38, par. 1704)
1297-13 Sec. 4. (a) The presiding judge of the Statewide Grand
1298-14 Jury will receive recommendations from the Attorney General as
1299-15 to the county in which the Grand Jury will sit. Prior to making
1300-16 the recommendations, the Attorney General shall obtain the
1301-17 permission of the local State's Attorney to use his or her
1302-18 county for the site of the Statewide Grand Jury. Upon
1303-19 receiving the Attorney General's recommendations, the
1304-20 presiding judge will choose one of those recommended locations
1305-21 as the site where the Grand Jury shall sit.
1306-22 Any indictment by a Statewide Grand Jury shall be returned
1307-23 to the Circuit Judge presiding over the Statewide Grand Jury
1308-24 and shall include a finding as to the county or counties in
1309-25 which the alleged offense was committed. Thereupon, the judge
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1342+ HB1836 - 37 - LRB104 08084 RLC 18130 b
1343+1 Prevention Act.
1344+2 Upon written application by the Attorney General for the
1345+3 convening of an additional Statewide Grand Jury, the Chief
1346+4 Justice of the Supreme Court shall appoint a Circuit Judge
1347+5 from the circuit for which the additional Statewide Grand Jury
1348+6 is sought. The Circuit Judge shall determine the necessity for
1349+7 an additional Statewide Grand Jury in accordance with the
1350+8 provisions of this Section. No more than 2 Statewide Grand
1351+9 Juries may be empaneled at any time.
1352+10 (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
1353+11 (725 ILCS 215/4) (from Ch. 38, par. 1704)
1354+12 Sec. 4. (a) The presiding judge of the Statewide Grand
1355+13 Jury will receive recommendations from the Attorney General as
1356+14 to the county in which the Grand Jury will sit. Prior to making
1357+15 the recommendations, the Attorney General shall obtain the
1358+16 permission of the local State's Attorney to use his or her
1359+17 county for the site of the Statewide Grand Jury. Upon
1360+18 receiving the Attorney General's recommendations, the
1361+19 presiding judge will choose one of those recommended locations
1362+20 as the site where the Grand Jury shall sit.
1363+21 Any indictment by a Statewide Grand Jury shall be returned
1364+22 to the Circuit Judge presiding over the Statewide Grand Jury
1365+23 and shall include a finding as to the county or counties in
1366+24 which the alleged offense was committed. Thereupon, the judge
1367+25 shall, by order, designate the county of venue for the purpose
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1320-1 shall, by order, designate the county of venue for the purpose
1321-2 of trial. The judge may also, by order, direct the
1322-3 consolidation of an indictment returned by a county grand jury
1323-4 with an indictment returned by the Statewide Grand Jury and
1324-5 set venue for trial.
1325-6 (b) Venue for purposes of trial for the offense of
1326-7 narcotics racketeering shall be proper in any county where:
1327-8 (1) Cannabis or a controlled substance which is the
1328-9 basis for the charge of narcotics racketeering was used;
1329-10 acquired; transferred or distributed to, from or through;
1330-11 or any county where any act was performed to further the
1331-12 use; acquisition, transfer or distribution of said
1332-13 cannabis or controlled substance; or
1333-14 (2) Any money, property, property interest, or any
1334-15 other asset generated by narcotics activities was
1335-16 acquired, used, sold, transferred or distributed to, from
1336-17 or through; or,
1337-18 (3) Any enterprise interest obtained as a result of
1338-19 narcotics racketeering was acquired, used, transferred or
1339-20 distributed to, from or through, or where any activity was
1340-21 conducted by the enterprise or any conduct to further the
1341-22 interests of such an enterprise.
1342-23 (c) Venue for purposes of trial for the offense of money
1343-24 laundering shall be proper in any county where any part of a
1344-25 financial transaction in criminally derived property took
1345-26 place, or in any county where any money or monetary interest
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1378+1 of trial. The judge may also, by order, direct the
1379+2 consolidation of an indictment returned by a county grand jury
1380+3 with an indictment returned by the Statewide Grand Jury and
1381+4 set venue for trial.
1382+5 (b) Venue for purposes of trial for the offense of
1383+6 narcotics racketeering shall be proper in any county where:
1384+7 (1) Cannabis or a controlled substance which is the
1385+8 basis for the charge of narcotics racketeering was used;
1386+9 acquired; transferred or distributed to, from or through;
1387+10 or any county where any act was performed to further the
1388+11 use; acquisition, transfer or distribution of said
1389+12 cannabis or controlled substance; or
1390+13 (2) Any money, property, property interest, or any
1391+14 other asset generated by narcotics activities was
1392+15 acquired, used, sold, transferred or distributed to, from
1393+16 or through; or,
1394+17 (3) Any enterprise interest obtained as a result of
1395+18 narcotics racketeering was acquired, used, transferred or
1396+19 distributed to, from or through, or where any activity was
1397+20 conducted by the enterprise or any conduct to further the
1398+21 interests of such an enterprise.
1399+22 (c) Venue for purposes of trial for the offense of money
1400+23 laundering shall be proper in any county where any part of a
1401+24 financial transaction in criminally derived property took
1402+25 place, or in any county where any money or monetary interest
1403+26 which is the basis for the offense, was acquired, used, sold,
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1356-1 which is the basis for the offense, was acquired, used, sold,
1357-2 transferred or distributed to, from, or through.
1358-3 (d) A person who commits the offense of cannabis
1359-4 trafficking, methamphetamine trafficking, or controlled
1360-5 substance trafficking may be tried in any county.
1361-6 (e) Venue for purposes of trial for any violation of
1362-7 Article 29D of the Criminal Code of 1961 or the Criminal Code
1363-8 of 2012 may be in the county in which an act of terrorism
1364-9 occurs, the county in which material support or resources are
1365-10 provided or solicited, the county in which criminal assistance
1366-11 is rendered, or any county in which any act in furtherance of
1367-12 any violation of Article 29D of the Criminal Code of 1961 or
1368-13 the Criminal Code of 2012 occurs.
1369-14 (f) Venue for purposes of trial for the offense of
1370-15 organized retail crime shall be proper in any county where:
1371-16 (1) any property, property interest, asset, money, or
1372-17 thing of value that is the basis for the charge of
1373-18 organized retail crime was used, acquired, transferred, or
1374-19 distributed to, from, or through; or any county where any
1375-20 act was performed to further the use, acquisition,
1376-21 transfer, or distribution of the property, property
1377-22 interest, asset, money, or thing or value; or
1378-23 (2) any enterprise interest obtained as a result of
1379-24 organized retail crime was acquired, used, transferred, or
1380-25 distributed to, from, or through, or where any activity
1381-26 was conducted by the enterprise or any conduct to further
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1414+1 transferred or distributed to, from, or through.
1415+2 (d) A person who commits the offense of cannabis
1416+3 trafficking, methamphetamine trafficking, or controlled
1417+4 substance trafficking may be tried in any county.
1418+5 (e) Venue for purposes of trial for any violation of
1419+6 Article 29D of the Criminal Code of 1961 or the Criminal Code
1420+7 of 2012 may be in the county in which an act of terrorism
1421+8 occurs, the county in which material support or resources are
1422+9 provided or solicited, the county in which criminal assistance
1423+10 is rendered, or any county in which any act in furtherance of
1424+11 any violation of Article 29D of the Criminal Code of 1961 or
1425+12 the Criminal Code of 2012 occurs.
1426+13 (f) Venue for purposes of trial for the offense of
1427+14 organized retail crime shall be proper in any county where:
1428+15 (1) any property, property interest, asset, money, or
1429+16 thing of value that is the basis for the charge of
1430+17 organized retail crime was used, acquired, transferred, or
1431+18 distributed to, from, or through; or any county where any
1432+19 act was performed to further the use, acquisition,
1433+20 transfer, or distribution of the property, property
1434+21 interest, asset, money, or thing or value; or
1435+22 (2) any enterprise interest obtained as a result of
1436+23 organized retail crime was acquired, used, transferred, or
1437+24 distributed to, from, or through, or where any activity
1438+25 was conducted by the enterprise or any conduct to further
1439+26 the interests of such an enterprise.
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1392-1 the interests of such an enterprise.
1393-2 (Source: P.A. 102-757, eff. 5-13-22.)
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