HB 303 — CD CORR-AGGRAVATING FACTOR-DUI

For(6) thetravel, purposemeals, ofentertainment, thisconferences, Section,training, "communityand policingcontinuing volunteer"education hasseminars; the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012;

(18)and the(7) defendantother committedexpenditures theof offenseforfeiture inproceeds. a nursing home or on the real property comprising a nursing home.

For(c) theThe purposesDepartment of thisState paragraphPolice (18),shall "nursingestablish home"and meansmaintain aon skilledits nursingofficial orwebsite intermediatea longpublic termdatabase care facility that isincludes subjectannual toaggregate licensedata byfor theeach Illinoislaw Departmentenforcement ofagency Publicthat Healthreports underseizures theof Nursingproperty Homeunder Caresubsection Act,(a) theof Specializedthis MentalSection, Healththat Rehabilitationreceives Actdistributions of 2013,forfeiture theproceeds ID/DDsubject Communityto Carereporting under this Act, or thereports MC/DDexpenditures Act;under subsection (b) of this Section.

(19)This theaggregate defendantdata wasshall ainclude, federallyfor licensedeach firearmlaw dealerenforcement andagency: was previously convicted of a violation of HB0303 Engrossed - 6 - LRB100 05313 RLC 15324 b subsection (a) of Section 3 of the Firearm Owners Identification Card Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while armed with a firearm;

(20)HB0303 theEnrolled defendant- (i)5 committed- theLRB100 offense05313 ofRLC reckless15324 homicideb under(1) Section 9-3 of the Criminaltotal Codenumber of 1961asset orseizures thereported Criminalby Codeeach oflaw 2012enforcement oragency theduring offense of driving under the influencecalendar ofyear; alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;

(21)(2) the defendantmonetary (i)value committed the offense of recklessall drivingcurrency or aggravatedits recklessequivalent drivingseized underby Section 11-503 of the Illinoislaw Vehicleenforcement Codeagency andduring (ii) was operating a motor vehicle in excess of 20 miles per hour over the postedcalendar speedyear; limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;

(22)(3) the defendantnumber committedof theconveyances offenseseized againstby a person that the defendantlaw knew,enforcement oragency reasonablyduring should have known, was a member of the Armedcalendar Forcesyear, ofand the Unitedaggregate Statesestimated servingvalue; on active duty.

For(4) purposes of this clause (22), the termaggregate "Armedestimated Forces"value means any of theall Armedother Forcesproperty ofseized by the Unitedlaw States,enforcement includingagency aduring memberthe ofcalendar anyyear; reserve HB0303 Engrossed - 7 - LRB100 05313 RLC 15324 b component thereof or National Guard unit called to active duty;

(23)(5) the defendantmonetary committedvalue theof offensedistributions againstby athe personDepartment whoof wasState elderlyPolice or infirm or who was a person with a disability by taking advantage of aforfeited familycurrency or fiduciaryauction relationshipproceeds withfrom theforfeited elderlyproperty orto infirmthe personlaw orenforcement personagency withduring athe disability;calendar year;

(24)and (6) the defendanttotal committedamount any offense under Section 11-20.1 of the Criminallaw Codeenforcement agency's expenditures of 1961forfeiture orproceeds during the Criminalcalendar Codeyear, ofcategorized 2012as andprovided possessedunder 100subsection or(b) moreof images;this Section.

(25)The thedatabase defendantshall committednot theprovide offensenames, whileaddresses, thephone defendantnumbers, or theother victimpersonally wasidentifying ininformation aof train,owners bus,or interest holders, persons, business entities, covert office locations, or otherbusiness entities involved in the forfeiture action and shall not disclose the vehicle usedidentification fornumber publicor transportation;serial number of any conveyance.

(26)(d) theThe defendantDepartment committed the offense of childState pornographyPolice orshall aggravatedadopt childrules pornography,to specificallyHB0303 includingEnrolled paragraph- (1),6 (2),- (3),LRB100 (4),05313 (5),RLC or15324 (7)b ofadminister subsection (a) of Section 11-20.1 of the Criminalasset Codeforfeiture ofprogram, 1961including or the Criminalcategories Code of 2012authorized whereexpenditures aconsistent childwith engagedthe in,statutory solicitedguidelines for,for depictedeach in, or posed in any act of sexualthe penetrationincluded orforfeiture bound,statutes, fettered,the oruse subjectof toforfeited sadistic,funds, masochistic,other orexpenditure sadomasochisticrequirements, abuse in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminalreporting Code of 1961seizure whereand aforfeiture childinformation. engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to HB0303 Engrossed - 8 - LRB100 05313 RLC 15324 b sadistic, masochistic, or sadomasochistic abuse in a sexual context;

(27)The theDepartment defendantmay committedadopt therules offensenecessary ofto firstimplement degreethis murder,Act assault,through aggravatedthe assault,use battery,of aggravatedemergency battery,rulemaking robbery,under armedSection robbery,5-45 orof aggravatedthe robberyIllinois againstAdministrative aProcedure personAct whofor was a veteranperiod andnot theto defendantexceed knew,180 ordays reasonablyafter should have known, that the personeffective wasdate a veteran performing duties as a representative of athis veterans'Act. organization.

For(e) theThe purposesDepartment of thisState paragraphPolice (27),shall "veteran"have meansauthority anand Illinoisoversight residentover whoall haslaw servedenforcement asagencies areceiving memberforfeited offunds thefrom United States Armed Forces, a member of the IllinoisDepartment. National Guard, or a member of the United States Reserve Forces;

andThis "veterans'authority organization"shall meansinclude anenforcement organization comprised of membersrules ofand whichregulations substantiallyadopted allby arethe individualsDepartment whoand aresanctions veteransfor orviolations spouses,of widows,any orrules widowersand ofregulations, veterans,including the primarywithholding purpose of whichdistributions is to promote the welfare of itsforfeiture membersproceeds andfrom to provide assistance to the generallaw publicenforcement agency in suchviolation. a way as to confer a public benefit;

(28)(f) theUpon defendantapplication committedby a law enforcement agency to the offenseDepartment of assault,State aggravatedPolice, assault,the battery,reporting aggravatedof battery,a robbery,particular armedasset robbery,forfeited orunder aggravatedthis robberySection againstmay abe persondelayed thatif the defendantasset knewin orquestion reasonablywas shouldseized havefrom knowna wasperson awho letterhas carrierbecome ora postalconfidential workerinformant whileunder thatthe personagency's wasconfidential performinginformant hispolicy, or herif dutiesthe deliveringasset mailwas forseized theas Unitedpart Statesof Postalan Service;ongoing investigation.

HB0303This Engrosseddelayed -reporting 9shall -be LRB100granted 05313by RLCthe 15324Department bof (29)State thePolice defendantfor committeda themaximum offenseperiod of criminal6 sexualmonths assault,if aggravatedthe criminalHB0303 sexualEnrolled assault,- criminal7 sexual- abuse,LRB100 or05313 aggravatedRLC criminal15324 sexualb abuseconfidential againstinformant ais victimstill withproviding ancooperation intellectualto disability,law andenforcement or the defendantinvestigation holdsis astill positionongoing, ofand trust,at authority,that ortime supervisionthe inasset relationshall tobe thereported victim;as required under this Act.

or(g) (30)The theDepartment defendant committed the offense of promotingState juvenilePolice prostitution,shall patronizingon a prostitute, or patronizingbefore aJanuary minor1, engaged2019, inestablish prostitution and atimplement the timerequirements of thethis commissionAct. of the offense knew that the prostitute or minor engaged in prostitution was in the custody or guardianship of the Department of Children and Family Services;

orIn (31)order theto defendantimplement committed the offensereporting ofand drivingpublic whiledatabase requirements under thethis influenceAct, of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of Section 11-501 of the IllinoisDepartment Vehicle Code or a similar provision of aState localPolice ordinanceAsset andForfeiture theSection defendantrequires during the commission of the offense was driving his or her vehicle upon a roadwayone-time designatedupgrade for one-way traffic in the opposite direction of theits directioninformation indicatedtechnology bysoftware officialand traffichardware. control devices.

ForThis one-time upgrade shall be funded by a temporary allocation of 5% of all forfeited currency and 5% of the purposesauction proceeds from each forfeited asset, which are to be distributed after the effective date of this Section:Act.

"School"The isDepartment definedof asState aPolice publicshall ortransfer privatethese elementaryfunds orat secondarythe school,time communityof college,distribution college,to ora university.separate fund established by the Department of State Police.

"DayMonies caredeposited center"in meansthis afund publicshall orbe privateaccounted Statefor certified HB0303 Engrossed - 10 - LRB100 05313 RLC 15324 b and licensedshall daybe careused centeronly asto definedpay infor Section 2.09 of the Childactual Careone-time Actcost of 1969purchasing thatand displaysinstalling athe signhardware inand plainsoftware viewrequired statingto thatcomply thewith propertythis isnew areporting dayand carepublic center.database requirement.

"IntellectualMonies disability"deposited meansin significantlythe subaveragefund intellectualshall functioningnot whichbe existssubject concurrentlyto withre-appropriation, impairmentreallocation, inor adaptiveredistribution behavior.for any other purpose.

"PublicAfter transportation"sufficient meansfunds are transferred to the transportationfund orto conveyancecover the actual one-time cost of personspurchasing byand meansinstalling availablethe hardware and software required to thecomply generalwith public,this new reporting and includespublic paratransitdatabase services.requirement, no additional funds shall be transferred to the fund for any purpose.

(b)At Thethe followingcompletion factors,of relatedHB0303 toEnrolled all- felonies,8 may- beLRB100 considered05313 byRLC 15324 b the courtone-time asupgrade reasonsof the information technology hardware and software to imposecomply anwith extendedthis termnew sentencereporting underand Sectionpublic 5-8-2database uponrequirement, any offender:remaining funds in the fund shall be returned to the participating agencies under the distribution requirements of the statutes from which the funds were transferred, and the fund shall no longer exist.

(1)(h)(1) WhenThe aDepartment defendant is convicted of anyState felony,Police, afterin havingconsultation beenwith previouslyand convictedsubject into Illinoisthe orapproval any other jurisdiction of the sameChief orProcurement similarOfficer, classmay felonyprocure ora greatersingle classcontract felony,or whenmultiple suchcontracts convictionto hasimplement occurred within 10 years after the previousprovisions conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of differentthis seriesAct. of acts;

(2) A contract or (2)contracts Whenunder athis defendantsubsection is(h) convictedare ofnot anysubject felonyto the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and the20-160 courtand findsArticle 50 of that Code, provided that the offenseChief wasProcurement accompaniedOfficer bymay, exceptionallyin brutalwriting orwith heinousjustification, behaviorwaive indicativeany certification required under Article 50 of wantonthe cruelty;Illinois Procurement Code.

orThe (3)provisions Whenof athis defendantparagraph is(2), convictedother ofthan anythis felonysentence, committedare against:inoperative on and after July 1, 2019.

(i)Section a15. person under 12 years of age at the time of HB0303 Engrossed - 11 - LRB100 05313 RLC 15324 b the offense or such person's property;

(ii)Fund aaudits. person 60 years of age or older at the time of the offense or such person's property;

or(a) (iii)The aAuditor personGeneral whoshall hadconduct as a physicalpart disabilityof atits the2 timeyear compliance audit, an audit of the offenseState orAsset suchForfeiture person'sFund property;for compliance with the requirements of this Act.

orThe (4)audit Whenshall ainclude, defendantbut isnot convictedbe oflimited anyto, felony and the offense involved any of the following typesdeterminations: of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:

(i)HB0303 theEnrolled brutalizing- or9 torturing- LRB100 05313 RLC 15324 b (1) if detailed records of humansall orreceipts animals;and disbursements from the State Asset Forfeiture Fund are being maintained;

(ii)(2) if administrative costs charged to the theftfund ofare humanadequately corpses;documented and are reasonable;

(iii)and (3) if the kidnappingprocedures offor humans;making disbursements under the Act are adequate.

(iv)(b) theThe desecrationDepartment of State Police, and any cemetery,other religious,entity fraternal,or business,person governmental,that educational,may orhave otherinformation buildingrelevant orto property;the audit, shall cooperate fully and promptly with the Office of the Auditor General in conducting the audit.

orThe (v)Auditor ritualizedGeneral abuseshall begin the audit during the next regular two year compliance audit of athe child;Department of State Police and distribute the report upon completion under Section 3-14 of the Illinois State Auditing Act.

orSection (5)105. When a defendant is convicted of a felony other than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony HB0303 Engrossed - 12 - LRB100 05313 RLC 15324 b committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang;

orThe (6)Freedom Whenof aInformation defendantAct is convictedamended ofby anchanging offenseSection committed7.5 whileas usingfollows: a firearm with a laser sight attached to it.

For(5 purposesILCS of140/7.5) thisSec. paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012;

or7.5. (7) When a defendant who was at least 17 years of age at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody;

orStatutory (8)exemptions. When a defendant commits any felony and the defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged;

orTo (9)the Whenextent aprovided defendantfor commitsby any felony and the defendantstatutes knowinglyreferenced videobelow, or audio records the offensefollowing withshall thebe intentexempt tofrom disseminateinspection theand recording.copying:

(c)(a) TheAll followinginformation factorsdetermined mayto be consideredconfidential by the court as HB0303 Engrossed - 13 - LRB100 05313 RLC 15324 b reasons to impose an extended term sentence under Section 5-8-24002 (730of ILCSthe 5/5-8-2)Technology uponAdvancement anyand offenderDevelopment forAct. the listed offenses:

(1)HB0303 WhenEnrolled a- defendant is convicted of first degree murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred within 10 years- afterLRB100 the05313 previousRLC conviction,15324 excludingb time(b) spentLibrary incirculation custody, and theorder chargesrecords areidentifying separatelylibrary broughtusers andwith triedspecific andmaterials ariseunder outthe ofLibrary differentRecords seriesConfidentiality ofAct. acts.

(1.5)(c) WhenApplications, arelated defendantdocuments, isand convictedmedical ofrecords firstreceived degreeby murder,the afterExperimental havingOrgan beenTransplantation previouslyProcedures convictedBoard ofand domesticany batteryand (720all ILCSdocuments 5/12-3.2) or aggravatedother domesticrecords batteryprepared (720by ILCSthe 5/12-3.3)Experimental committedOrgan onTransplantation theProcedures sameBoard victim or afterits havingstaff beenrelating previouslyto convictedapplications ofit violationhas ofreceived. an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person.

(2)(d) WhenInformation aand defendantrecords isheld convictedby the Department of voluntaryPublic manslaughter,Health secondand degreeits murder,authorized involuntaryrepresentatives manslaughter,relating to known or recklesssuspected homicidecases inof whichsexually thetransmissible defendantdisease hasor beenany convictedinformation the disclosure of causingwhich is restricted under the deathIllinois ofSexually moreTransmissible thanDisease oneControl individual.Act.

(3)(e) WhenInformation athe defendantdisclosure is convicted of aggravatedwhich criminal sexual assault or criminal sexual assault, when there is aexempted findingunder thatSection aggravated30 criminal sexual assault or criminal sexual assault was also committed on the same HB0303 Engrossed - 14 - LRB100 05313 RLC 15324 b victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participationRadon ofIndustry theLicensing othersAct. in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective.

(4)(f) IfFirm theperformance victimevaluations was under 18 years of age at the time of the commission of the offense, when a defendant is convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 11-1.4055 or subsection (a)(1) of Section 12-14.1 of the CriminalArchitectural, CodeEngineering, ofand 1961Land orSurveying theQualifications CriminalBased CodeSelection ofAct. 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

(5)(g) WhenInformation a defendant is convicted of a felony violation of Section 24-1 of the Criminaldisclosure Code of 1961which oris therestricted Criminal Code of 2012 (720 ILCS 5/24-1) and thereexempted isunder aSection finding50 thatof the defendantIllinois isPrepaid aTuition memberAct. of an organized gang.

(6)(h) WhenInformation athe defendantdisclosure was convicted of unlawfulwhich useis ofexempted weapons under Section 24-1 of the CriminalState CodeOfficials ofand 1961Employees orEthics theAct, Criminaland Coderecords of 2012any (720lawfully ILCScreated 5/24-1)State foror possessinglocal ainspector weaponHB0303 thatEnrolled is- not11 readily- distinguishableLRB100 as05313 oneRLC of15324 theb weaponsgeneral's enumeratedoffice inthat Sectionwould 24-1be ofexempt theif Criminalcreated Codeor ofobtained 1961by oran theExecutive CriminalInspector CodeGeneral's ofoffice 2012under (720that ILCSAct. 5/24-1).

(7)(i) WhenInformation acontained defendantin isa convictedlocal ofemergency anenergy offenseplan involvingsubmitted theto illegal manufacture of a controlledmunicipality HB0303in Engrossedaccordance -with 15a -local LRB100emergency 05313energy RLCplan 15324ordinance bthat substanceis adopted under Section 40111-21.5-5 of the Illinois ControlledMunicipal SubstancesCode. Act (720 ILCS 570/401), the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25), or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense.

In(j) thisInformation paragraph,and "emergency"data meansconcerning athe situationdistribution inof whichsurcharge amoneys person'scollected life,and health,remitted orby safetywireless iscarriers inunder jeopardy;the Wireless Emergency Telephone Safety Act.

and(k) "emergencyLaw responseenforcement officer"officer meansidentification ainformation peaceor officer,driver communityidentification policinginformation volunteer,compiled fireman,by emergencya medicallaw technician-ambulance,enforcement emergencyagency medicalor technician-intermediate,the emergencyDepartment medicalof technician-paramedic,Transportation ambulanceunder driver,Section other11-212 medicalof assistancethe orIllinois firstVehicle aidCode. personnel, or hospital emergency room personnel.

(8)(l) WhenRecords theand defendantinformation isprovided convicted of attempted mob action, solicitation to commita mobresidential action,health orcare conspiracyfacility toresident commitsexual mobassault actionand underdeath Sectionreview 8-1,team 8-2, or 8-4 of the CriminalExecutive CodeCouncil ofunder 2012, where the criminalAbuse objectPrevention isReview aTeam violationAct. of Section 25-1 of the Criminal Code of 2012, and an electronic communication is used in the commission of the offense.

For(m) Information provided to the purposespredatory oflending thisdatabase paragraphcreated (8),pursuant "electronicto communication"Article shall3 haveof the meaningResidential providedReal inProperty SectionDisclosure 26.5-0.1Act, ofexcept to the Criminalextent Codeauthorized ofunder 2012.that Article.

HB0303(n) EngrossedDefense -budgets 16and -petitions LRB100for 05313certification RLCof 15324compensation band (d)expenses Forfor thecourt purposesappointed oftrial thiscounsel Section,as "organizedprovided gang"under hasSections the10 meaningand ascribed15 toof itthe inCapital SectionHB0303 10Enrolled of- the12 Illinois- StreetgangLRB100 Terrorism05313 OmnibusRLC Prevention15324 b Crimes Litigation Act.

(e)This Thesubsection court(n) mayshall imposeapply anuntil extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminalconclusion Code of 1961 or the Criminaltrial Code of 2012 when the victimcase, ofeven theif offense is under 18 years of age at the timeprosecution ofchooses thenot commissionto ofpursue the offensedeath and,penalty duringprior theto commissiontrial of the offense, the victim was under the influence of alcohol, regardless of whether or notsentencing. the alcohol was supplied by the offender;

and(o) theInformation offender,that atis theprohibited timefrom ofbeing thedisclosed commissionunder Section 4 of the offense,Illinois knewHealth orand shouldHazardous haveSubstances knownRegistry thatAct. the victim had consumed alcohol.

(Source:(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St.

Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information HB0303 Enrolled - 13 - LRB100 05313 RLC 15324 b Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange.

The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under Brian's Law.

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act;

and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

HB0303 Enrolled - 14 - LRB100 05313 RLC 15324 b (y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) (dd) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

HB0303 Enrolled - 15 - LRB100 05313 RLC 15324 b (Source:

98-14,98-49, eff.

1-1-14;7-1-13;

98-104,98-63, eff.

7-22-13;7-9-13;

98-385, eff.

1-1-14;

99-77,98-1039, eff.

8-25-14;

98-1045, eff.

8-25-14;

99-78, eff.

7-20-15;

99-298, eff.

8-6-15;

99-352, eff.

99-143, eff.

7-27-15;

99-180, eff.

7-29-15;

99-283, eff.

1-1-16;

99-347, eff.

1-1-16;

7-28-16.)7-28-16;

99-776, eff.

8-12-16;

99-863, eff.

8-19-16;

revised 9-1-16.) Section 110.

The Illinois Food, Drug and Cosmetic Act is amended by changing Section 3.23 as follows:

(410 ILCS 620/3.23) Sec.

3.23.

Legend drug prohibition.

(a) In this Section:

"Legend drug" means a drug limited by the Federal Food, Drug and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is:

(1) habit forming;

(2) toxic or having potential for harm;

or (3) limited in use by the new drug application for the drug to use only under a medical practitioner's supervision.

"Medical practitioner" means any person licensed to practice medicine in all its branches in the State.

"Deliver" or "delivery" means the actual, constructive, or attempted transfer of possession of a legend drug, with or without consideration, whether or not there is an agency relationship.

HB0303 Enrolled - 16 - LRB100 05313 RLC 15324 b "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a legend drug, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container.

"Manufacture" does not include:

(1) by an ultimate user, the preparation or compounding of a legend drug for his own use;

or (2) by a medical practitioner, or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a legend drug:

(A) as an incident to his administering or dispensing of a legend drug in the course of his professional practice;

or (B) as an incident to lawful research, teaching, or chemical analysis and not for sale.

"Prescription" has the same meaning ascribed to it in Section 3 of the Pharmacy Practice Act.

(b) It is unlawful for any person to knowingly manufacture or deliver or possess with the intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, or caplets or 30 ml or more of a legend drug in liquid form who is not licensed by applicable law to prescribe or dispense legend drugs or is not an employee of the licensee operating in the HB0303 Enrolled - 17 - LRB100 05313 RLC 15324 b normal course of business under the supervision of the licensee.

Any person who violates this Section is guilty of a Class 3 felony, the fine for which shall not exceed $100,000.

A person convicted of a second or subsequent violation of this Section is guilty of a Class 1 felony, the fine for which shall not exceed $250,000.

(c) The following are subject to forfeiture:

(1) (blank);

all substances that have been manufactured, distributed, dispensed, or possessed in violation of this Act;

(2) all raw materials, products, and equipment of any kind which are used, or intended for use in manufacturing, distributing, dispensing, administering, or possessing any substance in violation of this Section Act;

(3) all conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of any substance manufactured, distributed, dispensed, or possessed in violation of this Section or property described in paragraph items (1) and (2) of this subsection (c), but:

(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy HB0303 Enrolled - 18 - LRB100 05313 RLC 15324 b to the a violation of this Act;

(B) no conveyance is subject to forfeiture under this Section by reason of any act or omission which the owner proves to have been committed or omitted without his knowledge or consent;

and (C) a forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;

(4) all money, things of value, books, records, and research products and materials including formulas, microfilm, tapes, and data that are used, or intended to be used in violation of this Section Act;

(5) everything of value furnished, or intended to be furnished, in exchange for a substance in violation of this Section Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to commit or in any manner to facilitate any violation of this Section Act;

and (6) all real property, including any right, title, and interest, including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a HB0303 Enrolled - 19 - LRB100 05313 RLC 15324 b violation of this Section 33.1 of this Act or that is the proceeds of any violation or act that constitutes a violation of this Section 33.1 of this Act.

(d) Property subject to forfeiture under this Act may be seized under the Drug Asset Forfeiture Procedure Act.

In the event of seizure, forfeiture proceedings shall be instituted under the Drug Asset Forfeiture Procedure Act.

by the Director of the Department of State Police or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property.

Seizure by the Director of the Department of State Police or any peace officer without process may be made:

(1) if the seizure is incident to inspection under an administrative inspection warrant;

(2) if the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act or the Drug Asset Forfeiture Procedure Act;

(3) if there is probable cause to believe that the property is directly or indirectly dangerous to health or safety;

(4) if there is probable cause to believe that the property is subject to forfeiture under this Act and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable;

or HB0303 Enrolled - 20 - LRB100 05313 RLC 15324 b (5) in accordance with the Code of Criminal Procedure of 1963.

(e) Forfeiture under this Act is subject to an 8th amendment to the United States Constitution disproportionate penalties analysis as provided under Section 9.5 of the Drug Asset Forfeiture Procedure Act.

In the event of seizure pursuant to subsection (c) of this Section, forfeiture proceedings shall be instituted in accordance with the Drug Asset Forfeiture Procedure Act.

(f) With regard to possession of legend drug offenses only, a sum of currency with a value of less than $500 shall not be subject to forfeiture under this Act.

For all other offenses under this Act, currency with a value of under $100 shall not be subject to forfeiture under this Act.

Property taken or detained under this Section shall not be subject to replevin, but is deemed to be in the custody of the Director of the Department of State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under the Drug Asset Forfeiture Procedure Act.

If property is seized under this Act, then the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value, and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director of the Department of State Police.

Upon receiving notice of seizure, the Secretary may:

HB0303 Enrolled - 21 - LRB100 05313 RLC 15324 b (1) place the property under seal;

(2) remove the property to a place designated by the Secretary;

(3) keep the property in the possession of the seizing agency;

(4) remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account;

(5) place the property under constructive seizure by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of pending forfeiture in any appropriate public record relating to the property;

or (6) provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the Director of the Department of State Police.

(f-5) For felony offenses involving possession of legend drug only, no property shall be subject to forfeiture under this Act because of the possession of less than 2 single unit doses of a controlled substance.

This exemption shall not apply in instances when the possessor, or another person at the direction of the possessor, is engaged in the destruction of any amount of a legend drug.

The amount of a single unit dose shall be the State's burden to prove in their case in chief.

HB0303 Enrolled - 22 - LRB100 05313 RLC 15324 b (g) If the Department suspends or revokes a registration, all legend drugs owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal.

No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.

Upon a revocation rule becoming final, all substances are subject to seizure and forfeiture under the Drug Asset Forfeiture Procedure Act may be forfeited to the Department.

(h) (Blank).

If property is forfeited under this Act, then the Director of the Department of State Police must sell all such property unless such property is required by law to be destroyed or is harmful to the public, and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with subsection (i) of this Section.

Upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests, and prosecution that led to the forfeiture, the Director of the Department of State Police may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts.

If any forfeited conveyance, including an aircraft, vehicle, or HB0303 Enrolled - 23 - LRB100 05313 RLC 15324 b vessel, is returned to the seizing agency or prosecutor, then the conveyance may be used immediately in the enforcement of the criminal laws of the State.

Upon disposal, all proceeds from the sale of the conveyance must be used for drug enforcement purposes.

If any real property returned to the seizing agency is sold by the agency or its unit of government, then the proceeds of the sale shall be delivered to the Director of the Department of State Police and distributed in accordance with subsection (i) of this Section.

(i) (Blank).

All moneys and the sale proceeds of all other property forfeited and seized under this Act shall be distributed as follows:

(1) 65% shall be distributed to the metropolitan enforcement group, local, municipal, county, or State law enforcement agency or agencies which conducted or participated in the investigation resulting in the forfeiture.

The distribution shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based.

Amounts distributed to the agency or agencies shall be used for the enforcement of laws.

(2) 12.5% shall be distributed to the Office of the State's Attorney of the county in which the prosecution HB0303 Enrolled - 24 - LRB100 05313 RLC 15324 b resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws.

In counties over 3,000,000 population, 25% will be distributed to the Office of the State's Attorney for use in the enforcement of laws governing cannabis and controlled substances.

If the prosecution is undertaken solely by the Attorney General, the portion provided hereunder shall be distributed to the Attorney General for use in the enforcement of laws.

(3) 12.5% shall be distributed to the Office of the State's Attorneys Appellate Prosecutor and deposited in a separate fund of that office to be used for additional expenses incurred in the investigation, prosecution and appeal of cases.

The Office of the State's Attorneys Appellate Prosecutor shall not receive distribution from cases brought in counties with over 3,000,000 population.

(4) 10% shall be retained by the Department of State Police for expenses related to the administration and sale of seized and forfeited property.

(j) Contraband, including legend drugs possessed without a prescription or other authorization under State or federal law, is not subject to forfeiture.

No property right exists in contraband.

Contraband is subject to seizure and shall be disposed of according to State law.

(Source:

P.A.

96-573, eff.

8-18-09.) HB0303 Enrolled - 25 - LRB100 05313 RLC 15324 b Section 115.

The Environmental Protection Act is amended by changing Section 44.1 as follows:

(415 ILCS 5/44.1) (from Ch.

111 1/2, par.

1044.1) Sec.

44.1.

(a) In addition to all other civil and criminal penalties provided by law, any person convicted of a criminal violation of this Act or the regulations adopted thereunder shall forfeit to the State (1) an amount equal to the value of all profits earned, savings realized, and benefits incurred as a direct or indirect result of such violation, and (2) any vehicle or conveyance used in the perpetration of such violation, except as provided in subsection (b).

(b) Forfeiture of conveyances shall be subject to the following exceptions:

(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it is proven that the owner or other person in charge of the conveyance consented to or was privy to the covered violation.

(2) No conveyance is subject to forfeiture under this Section by reason of any covered violation which the owner proves to have been committed without his knowledge or consent.

(3) A forfeiture of a conveyance encumbered by a bona HB0303 Enrolled - 26 - LRB100 05313 RLC 15324 b fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the covered violation.

(c) Except as provided in subsection (d), all property subject to forfeiture under this Section shall be seized pursuant to the order of a circuit court.

(d) Property subject to forfeiture under this Section may be seized by the Director or any peace officer without process:

(1) if the seizure is incident to an inspection under an administrative inspection warrant, or incident to the execution of a criminal search or arrest warrant;

(2) if the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Act;

or (3) if there is probable cause to believe that the property is directly or indirectly dangerous to health or safety.

(e) Property taken or detained under this Section shall not be subject to forcible entry and detainer or replevin, but is deemed to be in the custody of the Director subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings.

When property is seized under this Act, the Director may:

(1) place the property under seal;

(2) secure the property or remove the property to a HB0303 Enrolled - 27 - LRB100 05313 RLC 15324 b place designated by him;

or (3) require the sheriff of the county in which the seizure occurs to take custody of the property and secure or remove it to an appropriate location for disposition in accordance with law.

(f) All amounts forfeited under item (1) of subsection (a) shall be apportioned in the following manner:

(1) 40% shall be deposited in the Hazardous Waste Fund created in Section 22.2;

(2) 30% shall be paid to the office of the Attorney General or the State's Attorney of the county in which the violation occurred, whichever brought and prosecuted the action;

and (3) 30% shall be paid to the law enforcement agency which investigated the violation.

Any funds received under this subsection (f) shall be used solely for the enforcement of the environmental protection laws of this State.

(g) When property is forfeited under this Section the court may order:

(1) that the property shall be made available for the official use of the Agency, the Office of the Attorney General, the State's Attorney of the county in which the violation occurred, or the law enforcement agency which investigated the violation, to be used solely for the enforcement of the environmental protection laws of this HB0303 Enrolled - 28 - LRB100 05313 RLC 15324 b State;

(2) the sheriff of the county in which the forfeiture occurs to take custody of the property and remove it for disposition in accordance with law;

or (3) the sheriff of the county in which the forfeiture occurs to sell that which is not required to be destroyed by law and which is not harmful to the public.

The proceeds of such sale shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs, and the balance, if any, shall be apportioned pursuant to subsection (f).

(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(Source:

P.A.

85-487.) Section 120.

The Herptiles-Herps Act is amended by changing Section 105-55 as follows:

(510 ILCS 68/105-55) Sec.

105-55.

Illegal collecting devices;

public nuisance.

Every collecting device, including seines, nets, traps, pillowcases, bags, snake hooks or tongs, or any electrical device or any other devices including vehicles or conveyance, watercraft, or aircraft used or operated illegally or attempted HB0303 Enrolled - 29 - LRB100 05313 RLC 15324 b to be used or operated illegally by any person in taking, transporting, holding, or conveying any reptile or amphibian life or any part of reptile or amphibian life, contrary to this Act, including administrative rules, shall be deemed a public nuisance and therefore illegal and subject to seizure and confiscation by any authorized employee of the Department.

Upon the seizure of this item, the Department shall take and hold the item until disposed of as provided in this Act.

Upon the seizure of any device because of its illegal use, the officer or authorized employee of the Department making the seizure shall, as soon as reasonably possible, cause a complaint to be filed before the circuit court and a summons to be issued requiring the owner or person in possession of the property to appear in court and show cause why the device seized should not be forfeited to the State.

Upon the return of the summons duly served or upon posting or publication of notice as provided in this Act, the court shall proceed to determine the question of the illegality of the use of the seized property.

Upon judgment being entered that the property was illegally used, an order shall be entered providing for the forfeiture of the seized property to the State.

The owner of the property may have a jury determine the illegality of its use and shall have the right of an appeal as in other civil cases.

Confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties provided in Article 90 of this Act.

HB0303 Enrolled - 30 - LRB100 05313 RLC 15324 b Upon seizure of any property under circumstances supporting a reasonable belief that the property was abandoned, lost, stolen, or otherwise illegally possessed or used contrary to this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of under order of a court in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession of the property and shall return the property after the person provides reasonable and satisfactory proof of his or her ownership or right to possession and reimburses the Department for all reasonable expenses of custody.

If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction.

The owner or other person entitled to possession of the property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody.

Any property forfeited to the State by court order under this Section may be disposed of by public auction, except that any property that is the subject of a court order shall not be HB0303 Enrolled - 31 - LRB100 05313 RLC 15324 b disposed of pending appeal of the order.

The proceeds of the sales at auction shall be deposited in the Wildlife and Fish Fund.

The Department shall pay all costs of posting or publication of notices required by this Section.

Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(Source:

P.A.

98-752, eff.

1-1-15.) Section 125.

The Fish and Aquatic Life Code is amended by changing Section 1-215 as follows:

(515 ILCS 5/1-215) (from Ch.

56, par.

1-215) Sec.

1-215.

Illegal fishing devices;

public nuisance.

Every fishing device, including seines, nets, or traps, or any electrical device or any other devices, including vehicles, watercraft, or aircraft, used or operated illegally or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any aquatic life contrary to this Code, including administrative rules, shall be deemed a public nuisance and therefore illegal and subject to seizure and confiscation by any authorized employee of the Department.

Upon the seizure of such an item the Department shall take and hold the item until disposed of as provided in this Code.

Upon the seizure of any device because of its illegal use, HB0303 Enrolled - 32 - LRB100 05313 RLC 15324 b the officer or authorized employee of the Department making the seizure shall, as soon as reasonably possible, cause a complaint to be filed before the Circuit Court and a summons to be issued requiring the owner or person in possession of the property to appear in court and show cause why the device seized should not be forfeited to the State.

Upon the return of the summons duly served or upon posting or publication of notice as provided in this Code, the court shall proceed to determine the question of the illegality of the use of the seized property.

Upon judgment being entered to the effect that the property was illegally used, an order shall be entered providing for the forfeiture of the seized property to the State.

The owner of the property, however, may have a jury determine the illegality of its use, and shall have the right of an appeal as in other civil cases.

Confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties provided in Section 20-35 of this Code.

Upon seizure of any property under circumstances supporting a reasonable belief that the property was abandoned, lost, stolen, or otherwise illegally possessed or used contrary to this Code, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of under order of a court in accordance with this Code, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other HB0303 Enrolled - 33 - LRB100 05313 RLC 15324 b person entitled to possession of the property and shall return the property after the person provides reasonable and satisfactory proof of his or her ownership or right to possession and reimburses the Department for all reasonable expenses of custody.

If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction.

The owner or other person entitled to possession of the property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody.

Any property forfeited to the State by court order under this Section may be disposed of by public auction, except that any property that is the subject of a court order shall not be disposed of pending appeal of the order.

The proceeds of the sales at auction shall be deposited in the Wildlife and Fish Fund.

The Department shall pay all costs of posting or publication of notices required by this Section.

Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(Source:

P.A.

87-833.) HB0303 Enrolled - 34 - LRB100 05313 RLC 15324 b Section 130.

The Wildlife Code is amended by changing Section 1.25 as follows:

(520 ILCS 5/1.25) (from Ch.

61, par.

1.25) Sec.

1.25.

Every hunting or trapping device, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any wild bird or wild mammal, contrary to the provisions of this Act, including administrative rules, is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department;

upon the seizure of such item the Department shall take and hold the same until disposed of as hereinafter provided.

Upon the seizure of any property as herein provided, the authorized employee of the Department making such seizure shall forthwith cause a complaint to be filed before the Circuit Court and a summons to be issued requiring the person who illegally used or operated or attempted to use or operate such property and the owner and person in possession of such property to appear in court and show cause why the property seized should not be forfeited to the State.

Upon the return of the summons duly served or other notice as herein provided, the court shall proceed to determine the question of the illegality of the use of the seized property and upon judgment being HB0303 Enrolled - 35 - LRB100 05313 RLC 15324 b entered to the effect that such property was illegally used, an order may be entered providing for the forfeiture of such seized property to the Department and shall thereupon become the property of the Department;

but the owner of such property may have a jury determine the illegality of its use, and shall have the right of an appeal, as in other cases.

Such confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties otherwise provided in this Act.

Upon seizure of any property under circumstances supporting a reasonable belief that such property was abandoned, lost or stolen or otherwise illegally possessed or used contrary to the provisions of this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of pursuant to order of a court in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession thereof, and shall return the property after such person provides reasonable and satisfactory proof of his ownership or right to possession and reimburses the Department for all reasonable expenses of such custody.

If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains such possession, the Department shall effectuate the sale of the property for cash to the highest HB0303 Enrolled - 36 - LRB100 05313 RLC 15324 b bidder at a public auction.

The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody thereof.

Any property, including guns, forfeited to the State by court order pursuant to this Section, may be disposed of by public auction, except that any property which is the subject of such a court order shall not be disposed of pending appeal of the order.

The proceeds of the sales at auction shall be deposited in the Wildlife and Fish Fund.

The Department shall pay all costs of notices required by this Section.

Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(Source:

P.A.

85-152.) Section 135.

The Criminal Code of 2012 is amended by changing Sections 17-10.6, 28-5, 29B-1, 33G-6, 36-1, 36-1.5, 36-2, 36-3, and 47-15 and by adding Sections 36-1.1, 36-1.2, 36-1.3, 36-1.4, 36-2.1, 36-2.2, 36-2.5, 36-2.7, 36-3.1, 36-6, 36-7, and 36-9 as follows:

(720 ILCS 5/17-10.6) Sec.

17-10.6.

Financial institution fraud.

HB0303 Enrolled - 37 - LRB100 05313 RLC 15324 b (a) Misappropriation of financial institution property.

A person commits misappropriation of a financial institution's property whenever he or she knowingly obtains or exerts unauthorized control over any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, or under the custody or care of any agent, officer, director, or employee of such financial institution.

(b) Commercial bribery of a financial institution.

(1) A person commits commercial bribery of a financial institution when he or she knowingly confers or offers or agrees to confer any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with the intent to influence his or her conduct in relation to his or her employer's or principal's affairs.

(2) An employee, agent, or fiduciary of a financial institution commits commercial bribery of a financial institution when, without the consent of his or her employer or principal, he or she knowingly solicits, accepts, or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to his or her employer's or principal's affairs.

(c) Financial institution fraud.

A person commits financial institution fraud when he or she knowingly executes HB0303 Enrolled - 38 - LRB100 05313 RLC 15324 b or attempts to execute a scheme or artifice:

(1) to defraud a financial institution;

or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution, by means of pretenses, representations, or promises he or she knows to be false.

(d) Loan fraud.

A person commits loan fraud when he or she knowingly, with intent to defraud, makes any false statement or report, or overvalues any land, property, or security, with the intent to influence in any way the action of a financial institution to act upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security.

(e) Concealment of collateral.

A person commits concealment of collateral when he or she, with intent to defraud, knowingly conceals, removes, disposes of, or converts to the person's own use or to that of another any property mortgaged or pledged to or held by a financial institution.

(f) Financial institution robbery.

A person commits robbery when he or she knowingly, by force or threat of force, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value HB0303 Enrolled - 39 - LRB100 05313 RLC 15324 b belonging to, or in the care, custody, control, management, or possession of, a financial institution.

(g) Conspiracy to commit a financial crime.

(1) A person commits conspiracy to commit a financial crime when, with the intent that any violation of this Section be committed, he or she agrees with another person to the commission of that offense.

(2) No person may be convicted of conspiracy to commit a financial crime unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by that person or by a co-conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity.

(3) It shall not be a defense to conspiracy to commit a financial crime that the person or persons with whom the accused is alleged to have conspired:

(A) has not been prosecuted or convicted;

(B) has been convicted of a different offense;

(C) is not amenable to justice;

(D) has been acquitted;

or (E) lacked the capacity to commit the offense.

(h) Continuing financial crimes enterprise.

A person commits a continuing financial crimes enterprise when he or she knowingly, within an 18-month period, commits 3 or more separate offenses constituting any combination of the following:

HB0303 Enrolled - 40 - LRB100 05313 RLC 15324 b (1) an offense under this Section;

(2) a felony offense in violation of Section 16A-3 or subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value;

or (3) if involving a financial institution, any other felony offense under this Code.

(i) Organizer of a continuing financial crimes enterprise.

(1) A person commits being an organizer of a continuing financial crimes enterprise when he or she:

(A) with the intent to commit any offense, agrees with another person to the commission of any combination of the following offenses on 3 or more separate occasions within an 18-month period:

(i) an offense under this Section;

(ii) a felony offense in violation of Section 16A-3 or subsection (a) of Section 16-25 or paragraph (4) or (5) of subsection (a) of Section 16-1 of this Code for the purpose of reselling or otherwise re-entering the merchandise in commerce, including conveying the merchandise to a merchant in exchange for anything of value;

or (iii) if involving a financial institution, any other felony offense under this Code;

and HB0303 Enrolled - 41 - LRB100 05313 RLC 15324 b (B) with respect to the other persons within the conspiracy, occupies a position of organizer, supervisor, or financier or other position of management.

(2) The person with whom the accused agreed to commit the 3 or more offenses under this Section, or, if involving a financial institution, any other felony offenses under this Code, need not be the same person or persons for each offense, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged offenses.

(j) Sentence.

(1) Except as otherwise provided in this subsection, a violation of this Section, the full value of which:

(A) does not exceed $500, is a Class A misdemeanor;

(B) does not exceed $500, and the person has been previously convicted of a financial crime or any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, or home invasion, is guilty of a Class 4 felony;

(C) exceeds $500 but does not exceed $10,000, is a Class 3 felony;

(D) exceeds $10,000 but does not exceed $100,000, is a Class 2 felony;

(E) exceeds $100,000 but does not exceed $500,000, is a Class 1 felony;

HB0303 Enrolled - 42 - LRB100 05313 RLC 15324 b (F) exceeds $500,000 but does not exceed $1,000,000, is a Class 1 non-probationable felony;

when a charge of financial crime, the full value of which exceeds $500,000 but does not exceed $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $500,000;

(G) exceeds $1,000,000, is a Class X felony;

when a charge of financial crime, the full value of which exceeds $1,000,000, is brought, the value of the financial crime involved is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding $1,000,000.

(2) A violation of subsection (f) is a Class 1 felony.

(3) A violation of subsection (h) is a Class 1 felony.

(4) A violation for subsection (i) is a Class X felony.

(k) A "financial crime" means an offense described in this Section.

(l) Period of limitations.

The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the offense is committed.

(m) Forfeiture.

Any violation of subdivision (2) of subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to the remedies, procedures, and forfeiture as set forth in HB0303 Enrolled - 43 - LRB100 05313 RLC 15324 b subsections (f) through (s) of Section 29B-1 of this Code.

Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(Source:

P.A.

96-1551, eff.

7-1-11;

incorporates P.A.

96-1532, eff.

1-1-12, and 97-147, eff.

1-1-12;

97-1109, eff.

1-1-13.) (720 ILCS 5/28-5) (from Ch.

38, par.

28-5) Sec.

28-5.

Seizure of gambling devices and gambling funds.

(a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a "gambling device", and shall be subject to seizure, confiscation and destruction by the Department of State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found.

As used in this Section, a "gambling device" includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property.

With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.

(b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs.

Any money or other HB0303 Enrolled - 44 - LRB100 05313 RLC 15324 b thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.

(c) If, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure.

Such hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture.

Every such person may appear as a party and present evidence at such hearing.

The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State.

If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered:

a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred;

money and other things of value HB0303 Enrolled - 45 - LRB100 05313 RLC 15324 b shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred.

However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28-1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine.

Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant.

Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.

(d) If a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the forfeiture and destruction of a gambling device, or for the forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate HB0303 Enrolled - 46 - LRB100 05313 RLC 15324 b civil proceedings in the manner provided by law.

(e) Any gambling device displayed for sale to a riverboat gambling operation or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat Gambling Act is exempt from seizure under this Section.

(f) Any gambling equipment, devices and supplies provided by a licensed supplier in accordance with the Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section.

(g) The following video gaming terminals are exempt from seizure under this Section:

(1) Video gaming terminals for sale to a licensed distributor or operator under the Video Gaming Act.

(2) Video gaming terminals used to train licensed technicians or licensed terminal handlers.

(3) Video gaming terminals that are removed from a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.

(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(Source:

P.A.

98-31, eff.

6-24-13.) (720 ILCS 5/29B-1) (from Ch.

38, par.

29B-1) Sec.

29B-1.

(a) A person commits the offense of money HB0303 Enrolled - 47 - LRB100 05313 RLC 15324 b laundering:

(1) when, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, he or she conducts or attempts to conduct such a financial transaction which in fact involves criminally derived property:

(A) with the intent to promote the carrying on of the unlawful activity from which the criminally derived property was obtained;

or (B) where he or she knows or reasonably should know that the financial transaction is designed in whole or in part:

(i) to conceal or disguise the nature, the location, the source, the ownership or the control of the criminally derived property;

or (ii) to avoid a transaction reporting requirement under State law;

or (1.5) when he or she transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument:

(A) with the intent to promote the carrying on of the unlawful activity from which the criminally derived property was obtained;

or (B) knowing, or having reason to know, that the financial transaction is designed in whole or in part:

(i) to conceal or disguise the nature, the HB0303 Enrolled - 48 - LRB100 05313 RLC 15324 b location, the source, the ownership or the control of the criminally derived property;

or (ii) to avoid a transaction reporting requirement under State law;

or (2) when, with the intent to:

(A) promote the carrying on of a specified criminal activity as defined in this Article;

or (B) conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of a specified criminal activity as defined by subdivision (b)(6);

or (C) avoid a transaction reporting requirement under State law, he or she conducts or attempts to conduct a financial transaction involving property he or she believes to be the proceeds of specified criminal activity as defined by subdivision (b)(6) or property used to conduct or facilitate specified criminal activity as defined by subdivision (b)(6).

(b) As used in this Section:

(0.5) "Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, federal, or HB0303 Enrolled - 49 - LRB100 05313 RLC 15324 b foreign law.

(1) "Financial transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition utilizing criminally derived property, and with respect to financial institutions, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of safe deposit box, or any other payment, transfer or delivery by, through, or to a financial institution.

For purposes of clause (a)(2) of this Section, the term "financial transaction" also means a transaction which without regard to whether the funds, monetary instruments, or real or personal property involved in the transaction are criminally derived, any transaction which in any way or degree:

(1) involves the movement of funds by wire or any other means;

(2) involves one or more monetary instruments;

or (3) the transfer of title to any real or personal property.

The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Section.

(2) "Financial institution" means any bank;

saving and loan association;

trust company;

agency or branch of a foreign bank in the United States;

currency exchange;

credit union, mortgage banking institution;

pawnbroker;

loan or finance company;

operator of a credit card system;

HB0303 Enrolled - 50 - LRB100 05313 RLC 15324 b issuer, redeemer or cashier of travelers checks, checks or money orders;

dealer in precious metals, stones or jewels;

broker or dealer in securities or commodities;

investment banker;

or investment company.

(3) "Monetary instrument" means United States coins and currency;

coins and currency of a foreign country;

travelers checks;

personal checks, bank checks, and money orders;

investment securities;

bearer negotiable instruments;

bearer investment securities;

or bearer securities and certificates of stock in such form that title thereto passes upon delivery.

(4) "Criminally derived property" means:

(A) any property, real or personal, constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law;

or (B) any property represented to be property constituting or derived from proceeds obtained, directly or indirectly, from activity that constitutes a felony under State, federal, or foreign law.

(5) "Conduct" or "conducts" includes, in addition to its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction.

(6) "Specified criminal activity" means any violation of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation of Article 29D of this Code.

(7) "Director" means the Director of State Police or HB0303 Enrolled - 51 - LRB100 05313 RLC 15324 b his or her designated agents.

(8) "Department" means the Department of State Police of the State of Illinois or its successor agency.

(9) "Transaction reporting requirement under State law" means any violation as defined under the Currency Reporting Act.

(c) Sentence.

(1) Laundering of criminally derived property of a value not exceeding $10,000 is a Class 3 felony;

(2) Laundering of criminally derived property of a value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony;

(3) Laundering of criminally derived property of a value exceeding $100,000 but not exceeding $500,000 is a Class 1 felony;

(4) Money laundering in violation of subsection (a)(2) of this Section is a Class X felony;

(5) Laundering of criminally derived property of a value exceeding $500,000 is a Class 1 non-probationable felony;

(6) In a prosecution under clause (a)(1.5)(B)(ii) of this Section, the sentences are as follows: