Full Text of SB1812 96th General Assembly
SB1812 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1812
Introduced 2/20/2009, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Creates the offense of unlawful manipulation of a judicial sale. Provides that a person commits the offense when he or she knowingly and by any means makes any contract with or engages in any combination or conspiracy with any other person who is, or but for a prior agreement is, a competitor of such person for the purpose of or with the effect of fixing, controlling, limiting, or otherwise manipulating (1) the participation of any person in, or (2) the making of bids, at any judicial sale. Provides that unlawful manipulation of a judicial sale is a Class 3 felony. Provides that a mandatory fine shall be imposed for a violation, not to exceed $1,000,000 if the violator is a corporation, or, if the violator is any other person, $100,000. Provides that a second or subsequent violation is a Class 2 felony. Establishes injunctive relief and a private right of action for damages or injunctive relief. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1812 |
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LRB096 04569 RLC 14624 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 | 5 |
| Section 32-14 as follows: | 6 |
| (720 ILCS 5/32-14 new) | 7 |
| Sec. 32-14. Unlawful manipulation of a judicial sale. | 8 |
| (a) A person commits the offense of unlawful manipulation | 9 |
| of a judicial sale when he or she knowingly and by any means | 10 |
| makes any contract with or engages in any combination or | 11 |
| conspiracy with any other person who is, or but for a prior | 12 |
| agreement is, a competitor of such person for the purpose of or | 13 |
| with the effect of fixing, controlling, limiting, or otherwise | 14 |
| manipulating (1) the participation of any person in, or (2) the | 15 |
| making of bids, at any judicial sale. | 16 |
| (b) Penalties. Unlawful manipulation of a judicial sale is | 17 |
| a Class 3 felony. A mandatory fine shall be imposed for a | 18 |
| violation, not to exceed $1,000,000 if the violator is a | 19 |
| corporation, or, if the violator is any other person, $100,000. | 20 |
| A second or subsequent violation is a Class 2 felony. | 21 |
| (c) Injunctive and other relief. The State's Attorney shall | 22 |
| bring suit in the circuit court to prevent and restrain | 23 |
| violations of subsection (a). In such a proceeding, the court |
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LRB096 04569 RLC 14624 b |
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| shall determine whether a violation has been committed, and | 2 |
| shall enter such judgment as it considers necessary to remove | 3 |
| the effects of any violation which it finds, and to prevent | 4 |
| such violation from continuing or from being renewed in the | 5 |
| future. The court, in its discretion, may exercise all powers | 6 |
| necessary for this purpose, including, but not limited to, | 7 |
| injunction and divestiture of property. | 8 |
| (d) Private right of action. Any person who has been | 9 |
| injured by a violation of subsection (a) may maintain an action | 10 |
| in the Circuit Court for damages, or for an injunction, or | 11 |
| both, against any person who has committed such violation. If, | 12 |
| in an action for an injunction, the court issues an injunction, | 13 |
| the plaintiff shall be awarded costs and reasonable attorney's | 14 |
| fees. In an action for damages, the person injured shall be | 15 |
| awarded 3 times the amount of actual damages. This State, | 16 |
| counties, municipalities, townships, and any political | 17 |
| subdivision organized under the authority of this State, and | 18 |
| the United States, are considered a person having standing to | 19 |
| bring an action under this subsection.
Any action for damages | 20 |
| under this subsection is forever barred unless commenced within | 21 |
| 4 years after the cause of action accrued. In any action for | 22 |
| damages under this subsection, the court may, in its | 23 |
| discretion, award reasonable fees to the prevailing defendant | 24 |
| upon a finding that the plaintiff acted in bad faith, | 25 |
| vexatiously, wantonly, or for oppressive reasons. | 26 |
| (e) Exclusion from subsequent judicial sales. Any person |
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LRB096 04569 RLC 14624 b |
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| convicted of a violation of subsection (a) or any similar | 2 |
| offense of any state or the United States shall be barred for 5 | 3 |
| years from the date of conviction from participating as a | 4 |
| bidding entity in any judicial sale. No corporation shall be | 5 |
| barred from participating in a judicial sale as a result of a | 6 |
| conviction under subsection (a) of any employee or agent of | 7 |
| such corporation if the employee so convicted is no longer | 8 |
| employed by the corporation and: (1) it has been finally | 9 |
| adjudicated not guilty or (2) it demonstrates to the circuit | 10 |
| court conducting such judicial sale and the court so finds that | 11 |
| the commission of the offense was neither authorized, | 12 |
| requested, commanded, nor performed by a director, officer or a | 13 |
| high managerial agent in behalf of the corporation as provided | 14 |
| in paragraph (2) of subsection (a) of Section 5-4 of this Code. | 15 |
| (f) Definitions. As used in this Section, unless the | 16 |
| context otherwise requires: | 17 |
| "Judicial sale" means any sale of real or personal | 18 |
| property in accordance with a court order, including, but | 19 |
| not limited to, judicial sales conducted pursuant to | 20 |
| Section 15-1507 of the Code of Civil Procedure, sales | 21 |
| ordered to satisfy judgments under Article XII of the Code | 22 |
| of Civil Procedure, and enforcements of delinquent | 23 |
| property taxes under Article XXI of the Property Tax Code. | 24 |
| "Person" means any natural person, or any corporation, | 25 |
| partnership, or association of persons.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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