SB 2551 — PUBLIC CORRUPTION-FORFEITURE

SB2551 EngrossedEnrolled LRB096 17492 RLC 32848 b AN ACT concerning criminal law.

SB2551 EngrossedEnrolled - 2 - LRB096 17492 RLC 32848 b (a) A person who is convicted of a violation of any of the following Sections, subsections, and clauses of the Criminal Code of 1961:

and (B) any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over, any enterprise which he or she has established, operated, controlled, conducted, or participated in the conduct of, in violation of any of the offenses listed in clauses (1) through (3) of this subsection (a) that the court determines, after a forfeiture hearing under subsection (b) of this Section, to have been acquired or maintained as a result of violating any of the offenses listed in clauses (1) through (3) of SB2551 EngrossedEnrolled - 3 - LRB096 17492 RLC 32848 b this subsection (a) or used to facilitate a violation of one of the offenses listed in clauses (1) through (3) of this subsection (a).

and (2) there was no likely source for such property or property interest other than the violation of any of the SB2551 EngrossedEnrolled - 4 - LRB096 17492 RLC 32848 b offenses listed in clauses (1) through (3) of subsection (a) of this Section.

The court may accept a SB2551 EngrossedEnrolled - 5 - LRB096 17492 RLC 32848 b finding of probable cause at a preliminary hearing following the filing of a charge for violating one of the offenses listed in clauses (1) through (3) of subsection (a) of this Section or the return of an indictment by a grand jury charging one of the offenses listed in clauses (1) through (3) of subsection (a) of this Section as sufficient evidence of probable cause as provided in item (i) above.

The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined SB2551 EngrossedEnrolled - 6 - LRB096 17492 RLC 32848 b to be subject to forfeiture or subject to any restraining order, injunction, or prohibition or other action.

(f) The Attorney General or his or her designee is authorized to sell all property forfeited and seized pursuant to this Act, unless such property is required by law to be destroyed or is harmful to the public, and, after the deduction of all requisite expenses of administration and sale, shall SB2551 EngrossedEnrolled - 7 - LRB096 17492 RLC 32848 b distribute the proceeds of such sale, along with any moneys forfeited or seized, in accordance with subsection (g).

(2)If Anthe amountinvestigation, equalarrest toor 12.5%arrests shalland beprosecution distributedleading to the countyforfeiture inwere whichundertaken by the prosecutionAttorney resultingGeneral, in the forfeitureportion wasprovided instituted,hereunder depositedshall inbe apaid specialinto fundthe Attorney General's Whistleblower Reward and Protection Fund in the countyState treasury andto appropriatedbe toused by the State's Attorney forGeneral use in accordance with law.

IfSB2551 theEnrolled prosecution- was8 conducted- byLRB096 the17492 AttorneyRLC General,32848 thenb the(2) An amount SB2551equal Engrossedto -12.5% 8shall -be LRB096distributed 17492to RLCthe 32848county bin providedwhich underthe thisprosecution subsectionresulting shallin bethe paidforfeiture intowas theinstituted, Statedeposited Assetin Forfeiturea Fundspecial fund in the Statecounty treasury toand beappropriated usedto by the State's Attorney Generalfor use in accordance with law.

(3)If Anthe amountprosecution equalwas toconducted 12.5%by shallthe beAttorney distributedGeneral, tothen the Officeamount ofprovided under this subsection shall be paid into the State'sAttorney AttorneysGeneral's AppellateWhistleblower ProsecutorReward and depositedProtection Fund in the State Assettreasury Forfeiture Fund, to be used by the OfficeAttorney ofGeneral the State's Attorneys Appellate Prosecutor for additional expenses incurred in prosecutingaccordance appealswith arisinglaw. under this Act.

(3) An amount equal to 12.5% shall be distributed to the Office of the State's Attorneys Appellate Prosecutor and deposited in the State's Attorneys Appellate Prosecutor Anti-Corruption Fund, to be used by the Office of the State's Attorneys Appellate Prosecutor for additional expenses incurred in prosecuting appeals arising under this Act.

If the appeal is to be conducted by the Attorney General, then the amount provided under this subsection shall be paid into the StateAttorney AssetGeneral's ForfeitureWhistleblower Reward and Protection SB2551 Enrolled - 9 - LRB096 17492 RLC 32848 b Fund in the State treasury to be used by the Attorney General in accordance with law.

Any amounts remaining in the Fund after full funding of such investigations shall be used by the Department in accordance with law to fund its other enforcement SB2551 Engrossed - 9 - LRB096 17492 RLC 32848 b activities.

(h) All moniesmoneys deposited pursuant to this Act in the State Asset Forfeiture Fund areshall, appropriated,subject onto aappropriation, continuingbe basis,used toby the Department of State Police to be used in the manner set forth in this Section.

All moneys deposited pursuant to this Act in the Attorney General's Whistleblower Reward and Protection Fund shall, subject to appropriation, be used by the Attorney General for State law enforcement purposes and for the performance of the duties of that office.

All moneys deposited pursuant to this Act in the State's Attorneys Appellate Prosecutor Anti-Corruption Fund shall, subject to appropriation, be used by the Office of the State's Attorneys Appellate Prosecutor in the manner set forth in this Section.

Whenever any person pleads guilty to, or is found guilty of, any offense under subsection (a) of Section 10 of this Act, or is convicted SB2551 Enrolled - 10 - LRB096 17492 RLC 32848 b of a violation of any of the following Sections of Title 18 of the United States Code:

(a) Whenever any person pleads guilty to or is found guilty of an offense under this Act, a fine may be levied in addition SB2551 Engrossed - 10 - LRB096 17492 RLC 32848 b to any other penalty imposed by the court.

(1) consider the defendant's income, regardless of source, the defendant's earning capacity, and the defendant's financial resources, as well as the nature of the burden the fine will impose on the defendant and any person legally or financially dependent upon the SB2551 Enrolled - 11 - LRB096 17492 RLC 32848 b defendant;

(d) If a fine for a violation of this Act is imposed on an SB2551 Engrossed - 11 - LRB096 17492 RLC 32848 b organization, it is the duty of each individual authorized to make disbursements of the assets of the organization to pay the fine from assets of the organization.

SB2551 Enrolled - 12 - LRB096 17492 RLC 32848 b (i) the circumstances that warranted payment by the time or method specified no longer exist;

In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of SB2551 Engrossed - 12 - LRB096 17492 RLC 32848 b inhabitants exceeds 2 million, the court levying the fine shall allocate 100% of the fine to that unit of local government.

SB2551 Enrolled - 13 - LRB096 17492 RLC 32848 b (2) If such seizure was made by State law enforcement personnel, then the court shall allocate 50% to the State treasury and 50% to the county general corporate fund.

Monies SB2551 Engrossed - 13 - LRB096 17492 RLC 32848 b from this Fund may be used by the Department of State Police in the enforcement of laws regulating public corruption and other laws;

ordering any SB2551 Enrolled - 14 - LRB096 17492 RLC 32848 b person to divest himself of any interest, direct or indirect, in any enterprise;

SB2551 Engrossed - 14 - LRB096 17492 RLC 32848 b (c) Any person directly injured in his business, person or property by reason of a violation of this Act may sue the violator therefor in any appropriate circuit court and shall recover threefold the damages he or she sustains and the cost of the action, including a reasonable attorney's fee.

(d) A final judgment entered in favor of the People of the State of Illinois in any criminal proceeding brought under this Act shall estop the defendant in the criminal case from denying the essential allegations of the criminal offense in any SB2551 Enrolled - 15 - LRB096 17492 RLC 32848 b subsequent civil proceeding brought under this Act.

If any provision of this Act or the application thereof to any person or circumstance is invalid, such invalidation shall not affect other provisions or SB2551 Engrossed - 15 - LRB096 17492 RLC 32848 b applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Use of political committee and other reporting SB2551 Enrolled - 16 - LRB096 17492 RLC 32848 b organization funds.

The terms and conditions of any loan or credit agreement to a committee shall be set SB2551 Engrossed - 16 - LRB096 17492 RLC 32848 b forth in a written agreement, including but not limited to the method and amount of repayment, that shall be executed by the chairman or treasurer of the committee at the time of the loan or credit agreement.

(4) For the satisfaction or repayment of any debts or for the payment of any expenses relating to a personal SB2551 Enrolled - 17 - LRB096 17492 RLC 32848 b residence.

provided, however, that funds received under this Article may be used to rent the clubs or facilities SB2551 Engrossed - 17 - LRB096 17492 RLC 32848 b for a specific campaign-related event.

(9) For the purchase of or installment payment for a motor vehicle unless the political committee can demonstrate that purchase of a motor vehicle is more cost-effective than leasing a motor vehicle as permitted SB2551 Enrolled - 18 - LRB096 17492 RLC 32848 b under this item (9).

SB2551 Engrossed - 18 - LRB096 17492 RLC 32848 b (11) For payments to a public official or candidate or his or her family member unless for compensation for services actually rendered by that person.

The provisions of this item (11) do not apply to expenditures by a political committee in an aggregate amount not exceeding the amount of funds reported to and certified by the State Board or county clerk as available as of June 30, 1998, in the semi-annual report of contributions and expenditures filed by the political committee for the period concluding SB2551 Enrolled - 19 - LRB096 17492 RLC 32848 b June 30, 1998.

(c) Nothing in this Section prohibits the expenditure of funds of (i) a political committee controlled by an officeholder or by a candidate or (ii) an organization subject to Section 9-7.5 to defray the customary and reasonable SB2551 Engrossed - 19 - LRB096 17492 RLC 32848 b expenses of an officeholder in connection with the performance of governmental and public service functions.

7-8-04.) SB2551 Enrolled - 20 - LRB096 17492 RLC 32848 b Section 99.55.

The State Finance Act is amended by adding Section 5.755 as follows:

(30 ILCS 105/5.755 new) Sec.

5.755.