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| Public Act 096-0597 |
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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 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" means 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 all proceeds | ||
traceable to the elected official's offense and by so doing, | ||
prevent, restrain or remedy violations of Article 33 of the | ||
Criminal Code of 1961 or similar federal offenses.
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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, or taking such other actions, in connection with | ||
any property or other interest subject to forfeiture or other | ||
remedies or restraints pursuant to this Section as the court | ||
deems proper. | ||
(b) If the Attorney General prevails in his or her action, | ||
the court shall order the forfeiture of all proceeds traceable | ||
to the elected official's violations of Article 33 of the | ||
Criminal Code of 1961 or similar federal offenses. Proceeds | ||
seized and forfeited as a result of the Attorney General's | ||
action will be deposited into the General Revenue Fund or the | ||
corporate county fund, as appropriate.
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Section 25. Term of forfeiture. The maximum term of a civil | ||
forfeiture under this Act shall be equal to the term of | ||
imprisonment, probation and mandatory supervised release or | ||
parole received by the elected official as a result of his or | ||
her conviction for violating Article 33 of the Criminal Code of | ||
1961 or similar federal offenses.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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