Full Text of SB1812 96th General Assembly
SB1812eng 96TH GENERAL ASSEMBLY
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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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| 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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| 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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