HB3732 100TH GENERAL ASSEMBLY

LRB100 09009 MLM 19155 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3732

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-50 new

Amends the Election Code. Provides that the treasurer of a candidate political committee shall freeze all funds, contributions, or other receipts held in a candidate political committee account upon the filing of an indictment or information against the candidate violation of specified State and federal criminal statutes. Provides that the funds are frozen until the pending case has been resolved or a court with jurisdiction orders otherwise. Provides that any transfers, expenditures, or use of funds in violation of the provisions constitutes a class 4 felony. Provides that in the event that the Attorney General or a State's Attorney files a petition to conduct a hearing pursuant to the Public Corrupt Profit Forfeiture Act, the provisions of that Act shall control.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

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

Section 5. The Election Code is amended by adding Section 9-50 as follows:

(10 ILCS 5/9-50 new)

Sec. 9-50. Account freeze.

(a) The treasurer of a candidate political committee shall freeze all funds, contributions, or other receipts held in a candidate political committee account upon the filing of an indictment or information against the candidate for violation any of the following:

(1) Any Section of Article 29 of this Code;

(2) Clause (a)(6) of Section 12-6 of the Criminal Code of 2012 (intimidation by a public official);

(3) Section 33-1 of the Criminal Code of 2012 (bribery);

(4) Section 33-3 of the Criminal Code of 2012 (official misconduct);

(5) Section 33-3.1 of the Criminal Code of 2012 (solicitation misconduct—State Government);

(6) Section 33-3.2 of the Criminal Code of 2012 (solicitation misconduct—Local Government);

(7) Section 33-6 of the Criminal Code of 2012 (bribery to obtain driving privileges);

(8) Section 33-7 of the Criminal Code of 2012 (public contractor misconduct);

(9) Section 33-8 of the Criminal Code of 2012 (legislative misconduct);

(10) Section 33E-5 of the Criminal Code of 2012 (acquisition or disclosure of bidding information by public official);

(11) Section 33E-6 of the Criminal Code of 2012 (interference with contract submission and award by public official);

(12) Section 33E-7 of the Criminal Code of 2012 (kickbacks);

(13) Section 17-10.3 of the Criminal Code of 2012 (fraudulently obtaining moneys revered for disadvantaged business enterprise);

(14) Section 872 of Title 18 of the United States Code (extortion);

(15) Section 880 of Title 18 of the United States Code (receiving the proceeds of extortion);

(16) Section 201 of Title 18 of the United States Code (bribery); or

(17) Section 874 of Title 18 of the United States Code (kickbacks).

(b) The funds shall be frozen until the pending case has been resolved or a court with jurisdiction orders otherwise.

(c) Transfers, expenditures, or use of funds in violation of this Section shall constitute a class 4 felony.

(d) In the event the Attorney General or a State's Attorney files a petition to conduct a hearing pursuant to subsection (b) of Section 10 of the Public Corrupt Profit Forfeiture Act, the provisions of that Act shall control.