HB4078ham001 96TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 3/30/2009

09600HB4078ham001 LRB096 08471 RLC 24749 a

AMENDMENT TO HOUSE BILL 4078

AMENDMENT NO. ______. Amend House Bill 4078 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Elected Officials Misconduct Forfeiture Act.

Section 5. Definitions. For the purposes of this Act, "elected official" includes any former elected official whose term of office is terminated by operation of law for conviction of an offense, who is removed from office on conviction of impeachment for misconduct in office, or who resigned from office prior, upon, or after conviction; and "proceeds" means any interest in property of any kind acquired through or caused by an act or omission, or derived from the act or omission, directly or indirectly, and any fruits of this interest, in whatever form.

Section 10. Purposes. The General Assembly finds that it has compelling governmental interests in: (1) preventing criminals from profiting from their crimes, and (2) ensuring that the victims of crime are compensated by those who harm them. Further, the General Assembly finds that the unlawful or deceitful actions of elected officials can erode the public's confidence in its government and debase the public's belief in a fair democratic process.

Section 15. Forfeiture action. The Attorney General may file an action in circuit court on behalf of the people of Illinois against an elected official who has, by his or her violation of Article 33 of the Criminal Code of 1961 or violation of a similar federal offense, injured the people of Illinois. The purpose of such suit is to recover treble damages and the costs of the suit, including reasonable attorney's fees, or to prevent, restrain, or remedy violations of Article 33 of the Criminal Code of 1961, or violations of similar federal offenses. If the elected official against whom a violation of Article 33 of the Criminal Code of 1961 or federal claim has been asserted, including a forfeiture action or lien, prevails on that claim, the elected official may be awarded costs and reasonable attorney's fees incurred in defense of the claim.

Section 20. Procedure.

(a) The circuit court has jurisdiction to prevent, restrain, and remedy violations of Article 33 of the Criminal Code of 1961 or violations of a similar federal offense after a hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability such orders may include, but are not limited to, issuing seizure warrants, entering findings of probable cause for in personam or in rem forfeiture, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, the creation of receiverships and the enforcement of constructive trusts, in connection with any property or other interest subject to forfeiture, damages, or other remedies or restraints pursuant to this Section as the court deems proper.

(b) Following a determination of liability such orders may include payment to the General Revenue Fund in the State treasury or the corporate county fund, as appropriate, of an amount equal to the gain that was acquired or maintained through a violation of Article 33 of the Criminal Code of 1961 or violations of similar federal offenses.

Section 25. Action by the Attorney General.

(a) In addition to or in lieu of an action under Section 20 of this Act, the Attorney General may file an action for forfeiture of:

(1) any property or interest in property acquired or maintained by an elected official in violation of Article 33 of the Criminal Code of 1961 or similar federal offenses;

(2) any interest in, security of, claims against or property, office, title, license, or contractual right of any kind affording a source of influence over any enterprise or other property which an elected official has acquired or maintained an interest in or control of, conducted or participated in the conduct of in violation of Article 33 of the Criminal Code of 1961 or similar federal offenses; or

(3) all proceeds traceable to an offense included in Article 33 of the Criminal Code of 1961 or similar federal offenses, and all monies, negotiable instruments, securities and other property used or intended to be used in any manner or part to facilitate commission of the offense.

(b) Before the Attorney General may bring a forfeiture action under this Section, he or she must notify the elected official that he or she intends to file a suit for seizure and forfeiture of property, interests or proceeds acquired or maintained by the elected official in violation of Article 33 of the Criminal Code of 1961 or similar federal offenses, or traceable to an offense included in Article 33 of the Criminal Code of 1961 or similar federal offenses.

(c) In the event that the Attorney General files a forfeiture action seeking seizure and forfeiture of all proceeds traceable to an offense included in Article 33 of the Criminal Code of 1961 or similar federal offenses and prevails in such action, the maximum term of such forfeiture shall be equal to the term of the imprisonment of the elected official, including any period of probation or mandatory supervised release received by the elected official as a result of his or her violation of Article 33 of the Criminal Code of 1961 or similar federal offenses.".