Public Act 094-0068
 		





HB0053 Enrolled
LRB094 04236 RLC 35024 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 29D-10 as follows:
 



    (720 ILCS 5/29D-10)



    Sec. 29D-10. Definitions. As used in this Article, where 
not
otherwise distinctly expressed or manifestly incompatible 
with the intent of
this Article:

    (a) "Computer network" means a set of related, remotely 
connected
devices
and
any communications facilities including 
more than one computer with the
capability to transmit data 
among them through communication facilities.

    (b) "Computer" means a device that accepts, processes, 
stores,
retrieves,
or
outputs data, and includes, but is not 
limited to, auxiliary storage and
telecommunications devices.

    (c) "Computer program" means a series of coded instruction 
or statements
in a
form acceptable to a computer which causes 
the computer to process data and
supply the results of data 
processing.

    (d) "Data" means representations of information, 
knowledge, facts,
concepts or
instructions, including program 
documentation, that are prepared in a
formalized manner and are 
stored or processed in or transmitted by a computer.
Data may 
be in any form, including but not limited to magnetic or 
optical
storage
media, punch cards, or data stored internally 
in the memory of a computer.

    (e) "Biological products used in or in connection with 
agricultural
production" includes, but is not
limited
to,

seeds, plants, and DNA of plants or animals altered for use in 
crop or
livestock breeding or production or which are sold, 
intended, designed, or
produced for use
in crop production or 
livestock breeding or production.

    (f) "Agricultural products" means crops and livestock.

    (g) "Agricultural production" means the breeding and 
growing of
livestock
and
crops.
    (g-5) "Animal feed" means an article
that is intended for 
use for food for animals other than humans
and that is intended 
for use as a substantial source of nutrients
in the diet of the 
animal, and is not limited to a mixture intended to
be the sole 
ration of the animal.
    (g-10) "Contagious or infectious disease" means a specific 
disease designated by the Illinois Department of Agriculture as 
contagious or infectious under rules pertaining to the Illinois 
Diseased Animals Act.
    (g-15) "Processed food" means any food other than a raw 
agricultural
commodity and includes any raw agricultural 
commodity that
has been subject to processing, such as canning, 
cooking, freezing,
dehydration, or milling.
    (g-20) "Raw agricultural commodity" means any food in its 
raw or
natural state, including all fruits that are washed, 
colored, or otherwise
treated in their unpeeled natural form 
prior to marketing.


    (g-25) "Endangering the food supply" means to knowingly:
        (1)  bring into this State any domestic animal that  is 
    affected with any contagious or infectious disease or any 
    animal that  has been exposed to any
contagious or 
    infectious disease;
        (2) expose any animal in this State to any contagious 
    or infectious disease;
        (3) deliver any poultry that is infected with any 
    contagious
or infectious disease to any poultry producer 
    pursuant to a
production contract;
        (4) except as permitted under the Insect Pest and Plant 
    Disease Act,


 bring or release into this State any insect 
    pest
 or expose
any plant to an insect pest; or
        (5) expose any raw agricultural commodity, animal 
    feed, or processed food to any contaminant or contagious or 
    infectious disease.
    "Endangering the food supply" does not include bona fide 
experiments and actions related to those experiments carried on 
by commonly recognized research facilities or actions by 
agricultural producers and animal health professionals who may 
inadvertently contribute to the spread of detrimental 
biological agents while employing generally acceptable 
management practices.

    (g-30) "Endangering the water supply" means to knowingly 
contaminate a public or private water well or water reservoir 
or any water supply of a public utility or tamper with the 
production of bottled or packaged water or tamper with  bottled 
or packaged  water at a retail or wholesale mercantile 
establishment. "Endangering the water supply" does not include 
contamination of a public or private well or water reservoir
or 
any water supply of a public utility that may occur 
inadvertently
as part of the operation of  a public utility or 
electrical generating station.

    (h) "Livestock" means animals bred or raised for human 
consumption.

    (i) "Crops" means plants raised for: (1) human consumption, 
(2) fruits
that
are intended for human consumption, (3) 
consumption by livestock, and (4)
fruits that are intended for 
consumption by livestock.

    (j) "Communications systems" means any works, property, or 
material of
any radio, telegraph, telephone, microwave, or 
cable line, station, or system.

    (k) "Substantial damage" means monetary damage greater 
than $100,000.

    (l) "Terrorist act" or "act of terrorism" means: (1) any 
act that
is intended to cause or create a risk and does cause 
or create a risk of death
or great bodily harm to one or more 
persons;
(2) any act that disables or destroys the
usefulness 
or operation of any communications system; (3) any act or any 
series
of 2 or more acts committed in furtherance of a single 
intention, scheme, or
design that disables or destroys the 
usefulness or operation of
a computer network, computers, 
computer programs, or data used by any
industry, by any class 
of business, or by 5 or more businesses or by the
federal 
government, State government, any unit of local government, a 
public
utility, a manufacturer of pharmaceuticals, a national 
defense contractor, or
a manufacturer of chemical or biological 
products used in or in connection
with agricultural production; 
(4) any act that disables or causes substantial
damage to or

destruction of any structure or facility used in or used in 
connection with
ground, air, or water transportation; the 
production or distribution of
electricity, gas, oil, or other 
fuel (except for acts that occur inadvertently and as the 
result of
operation of the facility that produces or 
distributes electricity,
gas, oil, or other fuel); the 
treatment of sewage or the treatment
or distribution of water; 
or controlling the flow of any body of water; (5) any
act that 
causes substantial damage to or destruction of livestock or to 
crops
or a series of 2 or more acts committed in furtherance of 
a single intention,
scheme, or design which, in the aggregate, 
causes substantial damage to or
destruction of livestock or 
crops; (6) any act that causes substantial
damage to or 
destruction of any hospital or any building or facility used by

the federal government, State government, any unit of local 
government or
by a national defense contractor or by a public 
utility, a manufacturer of
pharmaceuticals, a manufacturer of 
chemical or biological products used in or
in connection with 
agricultural production or the storage or processing of

agricultural products or the preparation of agricultural 
products for food or
food products intended for resale or for 
feed for livestock; or (7) any act
that causes substantial 
damage to any building containing 5 or more
businesses of any 
type or to any building in which 10 or more people reside; (8) 
endangering the food supply; or (9) endangering the water 
supply.

    (m) "Terrorist" and "terrorist organization" means any 
person who
engages or is about to engage in a terrorist act 
with the intent to intimidate
or coerce a significant portion 
of a civilian population.

    (n) "Material support or resources" means currency or other 
financial
securities, financial services, lodging, training, 
safe houses, false
documentation or identification, 
communications equipment, facilities, weapons,
lethal 
substances, explosives, personnel, transportation, any other 
kind of
physical assets or intangible property, and expert 
services or expert
assistance.

    (o) "Person" has the meaning given in Section 2-15 of this 
Code
and, in addition to that meaning, includes, without 
limitation, any charitable
organization, whether incorporated 
or unincorporated, any professional fund
raiser, professional 
solicitor, limited liability company, association, joint
stock 
company, association, trust, trustee, or any group of people 
formally or
informally affiliated or associated for a common 
purpose, and any officer,
director, partner, member, or agent 
of any person.

    (p) "Render criminal assistance" means to do any of the 
following with
the intent to prevent, hinder, or delay the 
discovery or apprehension of, or
the lodging of a criminal 
charge against, a person who he or she knows or
believes has 
committed an offense under this Article or is being sought by 
law
enforcement officials for the commission of an offense 
under this Article, or
with the intent to assist a person in 
profiting or benefiting from the
commission of an offense under 
this Article:


        (1) harbor or conceal the person;


        (2) warn the person of impending discovery or 
    apprehension;


        (3) provide the person with money, transportation, a 
    weapon, a
disguise, false identification documents, or any 
    other means of avoiding
discovery or apprehension;


        (4) prevent or obstruct, by means of force, 
    intimidation, or
deception, anyone from performing an act 
    that might aid in the discovery or
apprehension of the 
    person or in the lodging of a criminal charge against the

    person;


        (5) suppress, by any act of concealment, alteration, or 
    destruction,
any physical evidence that might aid in the 
    discovery or apprehension of the
person or in the lodging 
    of a criminal charge against the person;


        (6) aid the person to protect or expeditiously profit 
    from an
advantage derived from the crime; or


        (7) provide expert services or expert assistance to the 
    person.
Providing expert services or expert assistance 
    shall not be construed to
apply to: (1) a licensed attorney 
    who discusses with a client the legal
consequences of a 
    proposed course of conduct or advises a client of legal or

    constitutional rights and (2) a licensed medical doctor who 
    provides emergency
medical treatment to a person whom he or 
    she believes has committed an offense
under this Article 
    if, as soon as reasonably practicable either before or

    after providing such treatment, he or she notifies a law 
    enforcement agency.

(Source: P.A. 92-854, eff. 12-5-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.