CRIM CD&PRO-PUBLIC CORRUPTION

Illinois General Assembly - Full Text of SB3862

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3862

Home

Legislation

Full Text

SB3862 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3862

Introduced 2/6/2026, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33G-3
720 ILCS 5/33G-9
725 ILCS 5/108B-3

from Ch. 38, par. 108B-3

Amends the Criminal Code of 2012. In the Illinois Street Gang and
Racketeer Influenced and Corrupt Organizations Law, expands the definition
of "predicate activity" to include bribery, official misconduct,
solicitation misconduct (State government), solicitation misconduct (local
government), and legislative misconduct. Extends the repeal of the
Illinois Street Gang and Racketeer Influenced and Corrupt Organizations
Law to January 1, 2035 (rather than July 1, 2027). Amends the Code of
Criminal Procedure of 1963. Expands the authority of the State's Attorney
to seek a court order authorizing the interception of a private
communication when no party has consented to the interception and the
interception may provide evidence of, or may assist in the apprehension of
a person who has committed, is committing, or is about to commit an offense
to include predicate activity under the Illinois Street Gang and Racketeer
Influenced and Corrupt Organizations Law. Effective immediately.
LRB104 18880 RLC 32325 b

A BILL FOR

SB3862
LRB104 18880 RLC 32325 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 33G-3 and 33G-9 as follows:

6

(720 ILCS 5/33G-3)
7

(Section scheduled to be repealed on July 1, 2027)
8

Sec. 33G-3.
Definitions.
As used in this Article:
9

(a) "Another state" means any State of the United States
10
(other than the State of Illinois), or the District of
11
Columbia, or the Commonwealth of Puerto Rico, or any territory
12
or possession of the United States, or any political
13
subdivision, or any department, agency, or instrumentality
14
thereof.
15

(b) "Enterprise" includes:
16

(1) any partnership, corporation, association,
17

business or charitable trust, or other legal entity; and
18

(2) any group of individuals or other legal entities,
19

or any combination thereof, associated in fact although
20

not itself a legal entity. An association in fact must be
21

held together by a common purpose of engaging in a course
22

of conduct, and it may be associated together for purposes
23

that are both legal and illegal. An association in fact

SB3862
- 2 -
LRB104 18880 RLC 32325 b
1

must:
2

(A) have an ongoing organization or structure,
3

either formal or informal;
4

(B) the various members of the group must function
5

as a continuing unit, even if the group changes
6

membership by gaining or losing members over time; and
7

(C) have an ascertainable structure distinct from
8

that inherent in the conduct of a pattern of predicate
9

activity.
10

As used in this Article, "enterprise" includes licit and
11
illicit enterprises.
12

(c) "Labor organization" includes any organization, labor
13
union, craft union, or any voluntary unincorporated
14
association designed to further the cause of the rights of
15
union labor that is constituted for the purpose, in whole or in
16
part, of collective bargaining or of dealing with employers
17
concerning grievances, terms or conditions of employment, or
18
apprenticeships or applications for apprenticeships, or of
19
other mutual aid or protection in connection with employment,
20
including apprenticeships or applications for apprenticeships.
21

(d) "Operation or management" means directing or carrying
22
out the enterprise's affairs and is limited to any person who
23
knowingly serves as a leader, organizer, operator, manager,
24
director, supervisor, financier, advisor, recruiter, supplier,
25
or enforcer of an enterprise in violation of this Article.
26

(e) "Predicate activity" means any act that is a Class 2

SB3862
- 3 -
LRB104 18880 RLC 32325 b
1
felony or higher and constitutes a violation or violations of
2
any of the following provisions of the laws of the State of
3
Illinois (as amended or revised as of the date the activity
4
occurred or, in the instance of a continuing offense, the date
5
that charges under this Article are filed in a particular
6
matter in the State of Illinois) or any act under the law of
7
another jurisdiction for an offense that could be charged as a
8
Class 2 felony or higher in this State:
9

(1) under the Criminal Code of 1961 or the Criminal
10

Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
11

(first degree murder), 9-3.3 (drug-induced homicide), 10-1
12

(kidnapping), 10-2 (aggravated kidnapping), 10-3.1
13

(aggravated unlawful restraint), 10-4 (forcible
14

detention), 10-5(b)(10) (child abduction), 10-9
15

(trafficking in persons, involuntary servitude, and
16

related offenses), 11-1.20 (criminal sexual assault),
17

11-1.30 (aggravated criminal sexual assault), 11-1.40
18

(predatory criminal sexual assault of a child), 11-1.60
19

(aggravated criminal sexual abuse), 11-6 (indecent
20

solicitation of a child), 11-6.5 (indecent solicitation of
21

an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
22

prostitution), 11-14.4 (promoting commercial sexual
23

exploitation of a child), 11-18.1 (patronizing a sexually
24

exploited child; patronizing a sexually exploited child),
25

12-3.05 (aggravated battery), 12-6.4 (criminal street gang
26

recruitment), 12-6.5 (compelling organization membership

SB3862
- 4 -
LRB104 18880 RLC 32325 b
1

of persons), 12-7.3 (stalking), 12-7.4 (aggravated
2

stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home
3

invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1
4

(robbery; aggravated robbery), 18-2 (armed robbery), 18-3
5

(vehicular hijacking), 18-4 (aggravated vehicular
6

hijacking), 18-5 (aggravated robbery), 19-1 (burglary),
7

19-3 (residential burglary), 20-1 (arson; residential
8

arson; place of worship arson), 20-1.1 (aggravated arson),
9

20-1.2 (residential arson), 20-1.3 (place of worship
10

arson), 24-1.2 (aggravated discharge of a firearm),
11

24-1.2-5 (aggravated discharge of a machine gun or
12

silencer equipped firearm), 24-1.8 (unlawful possession of
13

a firearm by a street gang member), 24-3.2 (unlawful
14

discharge of firearm projectiles), 24-3.9 (aggravated
15

possession of a stolen firearm), 24-3A (gunrunning), 26-5
16

or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
17

(soliciting support for terrorism), 29D-15.1 (causing a
18

catastrophe), 29D-15.2 (possession of a deadly substance),
19

29D-20 (making a terrorist threat), 29D-25 (falsely making
20

a terrorist threat), 29D-29.9 (material support for
21

terrorism), 29D-35 (hindering prosecution of terrorism),
22

31A-1.2 (unauthorized contraband in a penal institution),
23

33-1 (bribery), 33-3 (official misconduct), 33-3.1
24

(solicitation misconduct (State government)), 33-3.2
25

(solicitation misconduct (local government)), 33-8
26

(legislative misconduct),
or 33A-3 (armed violence);

SB3862
- 5 -
LRB104 18880 RLC 32325 b
1

(2) under the Cannabis Control Act: Sections 5
2

(manufacture or delivery of cannabis), 5.1 (cannabis
3

trafficking), or 8 (production or possession of cannabis
4

plants), provided the offense either involves more than
5

500 grams of any substance containing cannabis or involves
6

more than 50 cannabis sativa plants;
7

(3) under the Illinois Controlled Substances Act:
8

Sections 401 (manufacture or delivery of a controlled
9

substance), 401.1 (controlled substance trafficking), 405
10

(calculated criminal drug conspiracy), or 405.2 (street
11

gang criminal drug conspiracy); or
12

(4) under the Methamphetamine Control and Community
13

Protection Act: Sections 15 (methamphetamine
14

manufacturing), or 55 (methamphetamine delivery).
15

(f) "Pattern of predicate activity" means:
16

(1) at least 3 occurrences of predicate activity that
17

are in some way related to each other and that have
18

continuity between them, and that are separate acts. Acts
19

are related to each other if they are not isolated events,
20

including if they have similar purposes, or results, or
21

participants, or victims, or are committed a similar way,
22

or have other similar distinguishing characteristics, or
23

are part of the affairs of the same enterprise. There is
24

continuity between acts if they are ongoing over a
25

substantial period, or if they are part of the regular way
26

some entity does business or conducts its affairs; and

SB3862
- 6 -
LRB104 18880 RLC 32325 b
1

(2) which occurs after the effective date of this
2

Article, and the last of which falls within 3 years
3

(excluding any period of imprisonment) after the first
4

occurrence of predicate activity.
5

(g) "Unlawful death" includes the following offenses:
6
under the Code of 1961 or the Criminal Code of 2012: Sections
7
9-1 (first degree murder) or 9-2 (second degree murder).
8
(Source: P.A. 103-1071, eff. 7-1-25; 104-10, eff. 6-16-25;
9
104-434, eff. 11-21-25.)

10

(720 ILCS 5/33G-9)
11

(Section scheduled to be repealed on July 1, 2027)
12

Sec. 33G-9.
Repeal.
This Article is repealed on
January 1,
13
2035

July 1, 2027
.
14
(Source: P.A. 103-4, eff. 5-31-23; 104-10, eff. 6-16-25;
15
104-434, eff. 11-21-25.)

16

Section 10.
The Code of Criminal Procedure of 1963 is
17
amended by changing Section 108B-3 as follows:

18

(725 ILCS 5/108B-3)

(from Ch. 38, par. 108B-3)
19

Sec. 108B-3.
Authorization for the interception of private
20
communication.
21

(a) The State's Attorney, or a person designated in
22
writing or by law to act for him and to perform his duties
23
during his absence or disability, may authorize, in writing,

SB3862
- 7 -
LRB104 18880 RLC 32325 b
1
an ex parte application to the chief judge of a court of
2
competent jurisdiction for an order authorizing the
3
interception of a private communication when no party has
4
consented to the interception and (i) the interception may
5
provide evidence of, or may assist in the apprehension of a
6
person who has committed, is committing or is about to commit,
7
a violation of Section 8-1(b) (solicitation of murder), 8-1.2
8
(solicitation of murder for hire), 9-1 (first degree murder),
9
10-9 (involuntary servitude, involuntary sexual servitude of a
10
minor, or trafficking in persons), paragraph (1), (2), or (3)
11
of subsection (a) of Section 11-14.4 (promoting commercial
12
sexual exploitation of a child), subdivision (a)(2)(A) or
13
(a)(2)(B) of Section 11-14.3 (promoting prostitution), 11-15.1
14
(soliciting for a sexually exploited child), 11-16
15
(pandering), 11-17.1 (keeping a place of commercial sexual
16
exploitation of a child), 11-18.1 (patronizing a sexually
17
exploited child), 11-19.1 (juvenile pimping and aggravated
18
juvenile pimping), or 29B-1 (money laundering) of the Criminal
19
Code of 1961 or the Criminal Code of 2012, Section 401, 401.1
20
(controlled substance trafficking), 405, 405.1 (criminal drug
21
conspiracy) or 407 of the Illinois Controlled Substances Act
22
or any Section of the Methamphetamine Control and Community
23
Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
24
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
25
24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
26
or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of

SB3862
- 8 -
LRB104 18880 RLC 32325 b
1
2012
, or an offense listed as predicate activity under
2
subsection (e) of Section 33G-3 of the Criminal Code of 1961 or
3
the Criminal Code of 2012,
or conspiracy to commit money
4
laundering or conspiracy to commit first degree murder; (ii)
5
in response to a clear and present danger of imminent death or
6
great bodily harm to persons resulting from: (1) a kidnapping
7
or the holding of a hostage by force or the threat of the
8
imminent use of force; or (2) the occupation by force or the
9
threat of the imminent use of force of any premises, place,
10
vehicle, vessel or aircraft; (iii) to aid an investigation or
11
prosecution of a civil action brought under the Illinois
12
Streetgang Terrorism Omnibus Prevention Act when there is
13
probable cause to believe the interception of the private
14
communication will provide evidence that a streetgang is
15
committing, has committed, or will commit a second or
16
subsequent gang-related offense or that the interception of
17
the private communication will aid in the collection of a
18
judgment entered under that Act; or (iv) upon information and
19
belief that a streetgang has committed, is committing, or is
20
about to commit a felony.
21

(b) The State's Attorney or a person designated in writing
22
or by law to act for the State's Attorney and to perform his or
23
her duties during his or her absence or disability, may
24
authorize, in writing, an ex parte application to the chief
25
judge of a circuit court for an order authorizing the
26
interception of a private communication when no party has

SB3862
- 9 -
LRB104 18880 RLC 32325 b
1
consented to the interception and the interception may provide
2
evidence of, or may assist in the apprehension of a person who
3
has committed, is committing or is about to commit, a
4
violation of an offense under Article 29D of the Criminal Code
5
of 1961 or the Criminal Code of 2012.
6

(b-1) Subsection (b) is inoperative on and after January
7
1, 2005.
8

(b-2) No conversations recorded or monitored pursuant to
9
subsection (b) shall be made inadmissible in a court of law by
10
virtue of subsection (b-1).
11

(c) As used in this Section, "streetgang" and
12
"gang-related" have the meanings ascribed to them in Section
13
10 of the Illinois Streetgang Terrorism Omnibus Prevention
14
Act.
15
(Source: P.A. 103-1071, eff. 7-1-25
.)

16

Section 99.
Effective date.
This Act takes effect upon
17
becoming law.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn