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HB3885 Engrossed |
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LRB096 11679 RLC 22329 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding |
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| Section 32-14 as follows:
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| (720 ILCS 5/32-14 new) |
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| Sec. 32-14. Unlawful manipulation of a judicial sale. |
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| (a) A person commits the offense of unlawful manipulation |
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| of a judicial sale when he or she knowingly and by any means |
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| makes any contract with or engages in any combination or |
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| conspiracy with any other person who is, or but for a prior |
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| agreement is, a competitor of such person for the purpose of or |
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| with the effect of fixing, controlling, limiting, or otherwise |
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| manipulating (1) the participation of any person in, or (2) the |
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| making of bids, at any judicial sale. |
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| (b) Penalties. Unlawful manipulation of a judicial sale is |
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| a Class 3 felony. A mandatory fine shall be imposed for a |
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| violation, not to exceed $1,000,000 if the violator is a |
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| corporation, or, if the violator is any other person, $100,000. |
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| A second or subsequent violation is a Class 2 felony. |
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| (c) Injunctive and other relief. The State's Attorney shall |
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| bring suit in the circuit court to prevent and restrain |
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| violations of subsection (a). In such a proceeding, the court |
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HB3885 Engrossed |
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LRB096 11679 RLC 22329 b |
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| shall determine whether a violation has been committed, and |
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| shall enter such judgment as it considers necessary to remove |
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| the effects of any violation which it finds, and to prevent |
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| such violation from continuing or from being renewed in the |
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| future. The court, in its discretion, may exercise all powers |
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| necessary for this purpose, including, but not limited to, |
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| injunction and divestiture of property. |
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| (d) Private right of action. Any person who has been |
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| injured by a violation of subsection (a) may maintain an action |
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| in the Circuit Court for damages, or for an injunction, or |
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| both, against any person who has committed such violation. If, |
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| in an action for an injunction, the court issues an injunction, |
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| the plaintiff shall be awarded costs and reasonable attorney's |
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| fees. In an action for damages, the person injured shall be |
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| awarded 3 times the amount of actual damages. This State, |
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| counties, municipalities, townships, and any political |
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| subdivision organized under the authority of this State, and |
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| the United States, are considered a person having standing to |
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| bring an action under this subsection.
Any action for damages |
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| under this subsection is forever barred unless commenced within |
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| 4 years after the cause of action accrued. In any action for |
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| damages under this subsection, the court may, in its |
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| discretion, award reasonable fees to the prevailing defendant |
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| upon a finding that the plaintiff acted in bad faith, |
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| vexatiously, wantonly, or for oppressive reasons. |
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| (e) Exclusion from subsequent judicial sales. Any person |
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HB3885 Engrossed |
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LRB096 11679 RLC 22329 b |
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| convicted of a violation of subsection (a) or any similar |
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| offense of any state or the United States shall be barred for 5 |
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| years from the date of conviction from participating as a |
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| bidding entity in any judicial sale. No corporation shall be |
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| barred from participating in a judicial sale as a result of a |
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| conviction under subsection (a) of any employee or agent of |
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| such corporation if the employee so convicted is no longer |
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| employed by the corporation and: (1) it has been finally |
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| adjudicated not guilty or (2) it demonstrates to the circuit |
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| court conducting such judicial sale and the court so finds that |
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| the commission of the offense was neither authorized, |
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| requested, commanded, nor performed by a director, officer or a |
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| high managerial agent in behalf of the corporation as provided |
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| in paragraph (2) of subsection (a) of Section 5-4 of this Code. |
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| (f) Definitions. As used in this Section, unless the |
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| context otherwise requires: |
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| "Judicial sale" means any sale of real or personal |
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| property in accordance with a court order, including, but |
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| not limited to, judicial sales conducted pursuant to |
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| Section 15-1507 of the Code of Civil Procedure, sales |
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| ordered to satisfy judgments under Article XII of the Code |
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| of Civil Procedure, and enforcements of delinquent |
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| property taxes under Article XXI of the Property Tax Code. |
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| "Person" means any natural person, or any corporation, |
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| partnership, or association of persons.
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| Section 99. Effective date. This Act takes effect upon |