Rep. Jack D. Franks
Filed: 4/1/2009
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1 | AMENDMENT TO HOUSE BILL 4078
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2 | AMENDMENT NO. ______. Amend House Bill 4078 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Elected Officials Misconduct Forfeiture Act. | ||||||
6 | Section 5. Definitions. For the purposes of this Act, | ||||||
7 | "elected official" means any former elected official whose term | ||||||
8 | of office is terminated by operation of law for conviction of | ||||||
9 | an offense, who is removed from office on conviction of | ||||||
10 | impeachment for misconduct in office, or who resigned from | ||||||
11 | office prior, upon, or after conviction; and "proceeds" means | ||||||
12 | any interest in property of any kind acquired through or caused | ||||||
13 | by an act or omission, or derived from the act or omission, | ||||||
14 | directly or indirectly, and any fruits of this interest, in | ||||||
15 | whatever form. |
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1 | Section 10. Purposes. The General Assembly finds that it | ||||||
2 | has compelling governmental interests in: (1) preventing | ||||||
3 | criminals from profiting from their crimes, and (2) ensuring | ||||||
4 | that the victims of crime are compensated by those who harm | ||||||
5 | them. Further, the General Assembly finds that the unlawful or | ||||||
6 | deceitful actions of elected officials can erode the public's | ||||||
7 | confidence in its government and debase the public's belief in | ||||||
8 | a fair democratic process. | ||||||
9 | Section 15. Forfeiture action. The Attorney General may | ||||||
10 | file an action in circuit court on behalf of the people of | ||||||
11 | Illinois against an elected official who has, by his or her | ||||||
12 | violation of Article 33 of the Criminal Code of 1961 or | ||||||
13 | violation of a similar federal offense, injured the people of | ||||||
14 | Illinois. The purpose of such suit is to recover all proceeds | ||||||
15 | traceable to the elected official's offense and by so doing, | ||||||
16 | prevent, restrain or remedy violations of Article 33 of the | ||||||
17 | Criminal Code of 1961 or similar federal offenses.
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18 | Section 20. Procedure. | ||||||
19 | (a) The circuit court has jurisdiction to prevent, | ||||||
20 | restrain, and remedy violations of Article 33 of the Criminal | ||||||
21 | Code of 1961 or violations of a similar federal offense after a | ||||||
22 | hearing or trial, as appropriate, by issuing appropriate | ||||||
23 | orders.
Prior to a determination of liability such orders may | ||||||
24 | include, but are not limited to, issuing seizure warrants, |
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1 | entering findings of probable cause for in personam or in rem | ||||||
2 | forfeiture, or taking such other actions, in connection with | ||||||
3 | any property or other interest subject to forfeiture or other | ||||||
4 | remedies or restraints pursuant to this Section as the court | ||||||
5 | deems proper. | ||||||
6 | (b) If the Attorney General prevails in his or her action, | ||||||
7 | the court shall order the forfeiture of all proceeds traceable | ||||||
8 | to the elected official's violations of Article 33 of the | ||||||
9 | Criminal Code of 1961 or similar federal offenses. Proceeds | ||||||
10 | seized and forfeited as a result of the Attorney General's | ||||||
11 | action will be deposited into the General Revenue Fund or the | ||||||
12 | corporate county fund, as appropriate.
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13 | Section 25. Term of forfeiture. The maximum term of a civil | ||||||
14 | forfeiture under this Act shall be equal to the term of | ||||||
15 | imprisonment, probation and mandatory supervised release or | ||||||
16 | parole received by the elected official as a result of his or | ||||||
17 | her conviction for violating Article 33 of the Criminal Code of | ||||||
18 | 1961 or similar federal offenses.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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