Public Act 096-1019
 
SB2551 EnrolledLRB096 17492 RLC 32848 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 1. Short title. This Act may be cited as the Public 
Corruption Profit Forfeiture Act.
 
    Section 5. Legislative declaration. Public corruption is a 
far-reaching, continuing and extremely profitable criminal 
enterprise, which diverts significant amounts of public money 
for illicit purposes.  Public corruption-related schemes 
persist despite the threat of prosecution and the actual 
prosecution and imprisonment of individual participants 
because existing sanctions do not effectively reach the money 
and other assets generated by such schemes. It is therefore 
necessary to supplement existing sanctions by mandating 
forfeiture of money and other assets generated by public 
corruption-related activities. Forfeiture diminishes the 
financial incentives which encourage and sustain public 
corruption, restores public moneys which have been diverted by 
public corruption, and secures for the People of the State of 
Illinois assets to be used for enforcement of laws governing 
public corruption.
 
    Section 10. Penalties.
    (a)  A person who is convicted of a violation of any of the 
following Sections, subsections, and clauses of the Criminal 
Code of 1961:
        (1)  clause (a)(6) of Section 12-6 (intimidation by a 
    public official),
        (2)  Section 33-1 (bribery), or
        (3)   subsection (a) of Section 33E-7 (kickbacks),
shall forfeit to the State of Illinois:
        (A) any profits or proceeds and any property or 
    property interest he or she has acquired or maintained in 
    violation of  any of the offenses listed in clauses (1) 
    through (3) of this subsection (a) that the court 
    determines, after a forfeiture hearing under subsection 
    (b) of this Section, to have been acquired or maintained as 
    a result of violating any of the offenses listed in clauses 
    (1) through (3) of this subsection (a); and
        (B) any interest in, security of, claim against, or 
    property or contractual right of any kind affording a 
    source of influence over, any enterprise which he or she 
    has established, operated, controlled, conducted, or 
    participated in the conduct of, in violation of any of the 
    offenses listed in clauses (1) through (3) of this 
    subsection (a) that the court determines, after a 
    forfeiture hearing under subsection (b) of this Section, to 
    have been acquired or maintained as a result of violating 
    any of the offenses listed in clauses (1) through (3) of 
    this subsection (a) or used to facilitate a violation of 
    one of the offenses listed in clauses (1) through (3) of 
    this subsection (a).

    
    (b) The court shall, upon petition by the Attorney General 
or State's Attorney, at any time after the filing of an 
information or return of an indictment, conduct a hearing to 
determine whether any property or property interest is subject 
to forfeiture under this Act. At the forfeiture hearing the 
people shall have the burden of establishing, by a 
preponderance of the evidence, that property or property 
interests are subject to forfeiture under this Act. There is a 
rebuttable presumption at such hearing that any property or 
property interest of a person charged by information or 
indictment with a violation of any of the offenses listed in 
clauses (1) through (3) of subsection (a) of this Section or 
who is convicted of a violation of any of the offenses listed 
in clauses (1) through (3) of subsection (a) of this Section is 
subject to forfeiture under this Section if the State 
establishes by a preponderance of the evidence that:
        (1) such property or property interest was acquired by 
    such person during the period of the violation of any of 
    the offenses listed in clauses (1) through (3) of 
    subsection (a) of this Section or within a reasonable time 
    after such period; and
        
        (2) there was no likely source for such property or 
    property interest other than the violation of any of the 
    offenses listed in clauses (1) through (3) of subsection 
    (a) of this Section.

    
    (c) In an action brought by the People of the State of 
Illinois under this Act, wherein any restraining order, 
injunction or prohibition or any other action in connection 
with any property or property interest subject to forfeiture 
under this Act is sought, the circuit court which shall preside 
over the trial of the person or persons charged with any of the 
offenses listed in clauses (1) through (3) of subsection (a) of 
this Section shall first determine whether there is probable 
cause to believe that the person or persons so charged have 
committed a violation of any of the offenses listed in clauses 
(1) through (3) of subsection (a) of this Section and whether 
the property or property interest is subject to forfeiture 
pursuant to this Act.
    
    In order to make such a determination, prior to entering 
any such order, the court shall conduct a hearing without a 
jury, wherein the People shall establish that there is: (i) 
probable cause that the person or persons so charged have 
committed one of the offenses listed in clauses (1) through (3) 
of subsection (a) of this Section and (ii) probable cause that 
any property or property interest may be subject to forfeiture 
pursuant to this Act. Such hearing may be conducted 
simultaneously with a preliminary hearing, if the prosecution 
is commenced by information or complaint, or by motion of the 
People, at any stage in the proceedings. The court may accept a 
finding of probable cause at a preliminary hearing following 
the filing of a charge for violating one of the offenses  listed 
in clauses (1) through (3) of subsection (a) of this Section or 
the return of an indictment by a grand jury charging one of the 
offenses listed  in clauses (1) through (3) of subsection (a) of 
this Section as sufficient evidence of probable cause as 
provided in item (i) above.
    
    Upon such a finding, the circuit court shall enter such 
restraining order, injunction or prohibition, or shall take 
such other action in connection with any such property or 
property interest subject to forfeiture under this Act, as is 
necessary to insure that such property is not removed from the 
jurisdiction of the court, concealed, destroyed or otherwise 
disposed of by the owner of that property or property interest 
prior to a forfeiture hearing under subsection (b) of this 
Section. The Attorney General or State's Attorney shall file a 
certified copy of such restraining order, injunction or other 
prohibition with the recorder of deeds or registrar of titles 
of each county where any such property of the defendant may be 
located. No such injunction, restraining order or other 
prohibition shall affect the rights of any bona fide purchaser, 
mortgagee, judgment creditor or other lien holder arising prior 
to the date of such filing.
    
    The court may, at any time, upon verified petition by the 
defendant, conduct a hearing to release all or portions of any 
such property or interest which the court previously determined 
to be subject to forfeiture or subject to any restraining 
order, injunction, or prohibition or other action. The court 
may release such property to the defendant for good cause shown 
and within the sound discretion of the court.
    
    (d) Prosecution under this Act may be commenced by the 
Attorney General or a State's Attorney.
    
    (e) Upon an order of forfeiture being entered pursuant to 
subsection (b) of this Section, the court shall authorize the 
Attorney General to seize any property or property interest 
declared forfeited under this Act and under such terms and 
conditions as the court shall deem proper. Any property or 
property interest that has been the subject of an entered 
restraining order, injunction or prohibition or any other 
action filed under subsection (c) shall be forfeited unless the 
claimant can show by a preponderance of the evidence that the 
property or property interest has not been acquired or 
maintained as a result of a violation of any of the offenses 
listed in clauses (1) through (3) of subsection (a) of this 
Section or has not been used to facilitate a violation of any 
of the offenses listed in clauses (1) through (3) of subsection 
(a) of this Section.
    
    (f) The Attorney General or his or her designee is 
authorized to sell all property forfeited and seized pursuant 
to this Act, unless such property is required by law to be 
destroyed or is harmful to the public, and, after the deduction 
of all requisite expenses of administration and sale, shall 
distribute the proceeds of such sale, along with any moneys 
forfeited or seized, in accordance with subsection (g).
    
    (g) All monies and the sale proceeds of all other property 
forfeited and seized pursuant to this Act shall be distributed 
as follows:
        
        (1) An amount equal to 50% shall be distributed to the 
    unit of local government or other law enforcement agency 
    whose officers or employees conducted the investigation 
    into a violation of any of the offenses listed in clauses 
    (1) through (3) of subsection (a) of this Section and 
    caused the arrest or arrests and prosecution leading to the 
    forfeiture. Amounts distributed to units of local 
    government and law enforcement agencies shall be used for 
    enforcement of laws governing public corruption, or for 
    other law enforcement purposes. In the event, however, that 
    the investigation, arrest or arrests and prosecution 
    leading to the forfeiture were undertaken solely by a State 
    agency, the portion provided hereunder shall be paid into 
    the State Asset Forfeiture Fund in the State treasury to be 
    used by that State agency in accordance with law.
        If the 
    investigation, arrest or arrests and prosecution leading 
    to the forfeiture were undertaken by the Attorney General, 
    the portion provided hereunder shall be paid into the 
    Attorney General's Whistleblower Reward and Protection 
    Fund in the State treasury to be used by the Attorney 
    General in accordance with law.
        (2) An amount equal to 12.5% shall be distributed to 
    the county in which the prosecution resulting in the 
    forfeiture was instituted, deposited in a special fund in 
    the county treasury and appropriated to the State's 
    Attorney for use in accordance with law.
        If the prosecution 
    was conducted by the Attorney General, then the amount 
    provided under this subsection shall be paid into the 
    Attorney General's Whistleblower Reward and Protection 
    Fund in the State treasury to be used by the Attorney 
    General in accordance with law.
        (3) An amount equal to 12.5% shall be distributed to 
    the Office of the State's Attorneys Appellate Prosecutor 
    and deposited in the State's Attorneys Appellate 
    Prosecutor Anti-Corruption Fund, to be used by the Office 
    of the State's Attorneys Appellate Prosecutor for 
    additional expenses incurred in prosecuting appeals 
    arising under this Act. Any amounts remaining in the Fund 
    after all additional expenses have been paid shall be used 
    by the Office to reduce the participating county 
    contributions to the Office on a prorated basis as 
    determined by the board of governors of the Office of the 
    State's Attorneys Appellate Prosecutor based on the 
    populations of the participating counties.
        If the appeal is 
    to be  conducted by the Attorney General, then the amount 
    provided under this subsection shall be paid into the 
    Attorney General's Whistleblower Reward and Protection 
    Fund in the State treasury to be used by the Attorney 
    General in accordance with law.
        (4) An amount equal to 25% shall be paid into the State 
    Asset Forfeiture Fund in the State treasury to be used by 
    the Department of State Police for the funding of the 
    investigation of public corruption activities. Any amounts 
    remaining in the Fund after full funding of such 
    investigations shall be used by the Department in 
    accordance with law to fund its other enforcement 
    activities.
    
    (h) All moneys deposited pursuant to this Act in the State 
Asset Forfeiture Fund shall, subject to appropriation, be used 
by the Department of State Police in the manner set forth in 
this Section.  All moneys deposited pursuant to this Act in the 
Attorney General's Whistleblower Reward and Protection Fund 
shall, subject to appropriation, be used by the Attorney 
General for State law enforcement purposes and for the 
performance of the duties of that office.  All moneys deposited 
pursuant to this Act in the State's Attorneys Appellate 
Prosecutor Anti-Corruption Fund shall, subject to 
appropriation, be used by the Office of the  State's Attorneys 
Appellate Prosecutor in the manner set forth in this Section.

 
    Section 15. Forfeiture of political contribution. Whenever 
any person pleads guilty to, or is found guilty of, any offense 
under subsection (a) of Section 10 of this Act, or is convicted 
of a violation of any of the following Sections of Title 18 of 
the United States Code: (i) Section 872 (extortion); (ii) 
Section 880 (receiving the proceeds of extortion); (iii) 
Section 201 (bribery); or (iv) Section 874 (kickbacks), in 
addition to any other penalty imposed by the court, all 
contributions (as defined by Section 9-1.4 of the Election 
Code) or other receipts held at the time of forfeiture by a 
political committee (as defined by Section 9-1.8 of the 
Election Code), which is controlled by that person, shall be 
paid to the State within 30 days from the date of the entry of 
the guilty plea or conviction.  Payments received by the State 
pursuant to this Section shall be deposited into the General 
Revenue Fund.
 
    Section 20. Fines.
    (a) Whenever any person pleads guilty to or is found guilty 
of an offense under this Act, a fine may be levied in addition 
to any other penalty imposed by the court.
    
    (b) In determining whether to impose a fine under this 
Section and the amount, time for payment, and method of payment 
of any fine so imposed, the court shall:
    
        (1) consider the defendant's income, regardless of 
    source, the defendant's earning capacity, and the 
    defendant's financial resources, as well as the nature of 
    the burden the fine will impose on the defendant and any 
    person legally or financially dependent upon the 
    defendant;
    
        (2) consider the proof received at trial, or as a 
    result of a plea of guilty, concerning any profits or other 
    proceeds derived by the defendant from the violation of 
    this Act;
    
        (3) take into account any other pertinent equitable 
    considerations; and
    
        (4) give primary consideration to the need to deprive 
    the defendant of illegally obtained profits or other 
    proceeds from the offense.
    
    (c) As a condition of a fine, the court may require that 
payment be made in specified installments or within a specified 
period of time, but such period shall not be greater than the 
maximum applicable term of probation or imprisonment, 
whichever is greater. Unless otherwise specified, payment of a 
fine shall be due immediately.
    
    (d) If a fine for a violation of this Act is imposed on an 
organization, it is the duty of each individual authorized to 
make disbursements of the assets of the organization to pay the 
fine from assets of the organization.
    
    (e) (1) A defendant who has been sentenced to pay a fine, 
and who has paid part but not all of such fine, may petition 
the court for an extension of the time for payment or 
modification of the method of payment.
    
        (2) The court may grant a petition made pursuant to 
    this subsection if it finds that:
    
            (i) the circumstances that warranted payment by 
        the time or method specified no longer exist; or
    
            (ii) it is otherwise unjust to require payment of 
        the fine by the time or method specified.

 
    Section 25. Distribution of proceeds of fines.
    (a) The proceeds of all fines received under the provisions 
of this Act shall be transmitted to and deposited in the 
treasurer's office at the level of government as follows:
        
        (1) If the seizure was made by a combination of law

    enforcement personnel representing differing units of 
    local government, the court levying the fine shall 
    equitably allocate 50% of the fine among these units of 
    local government and shall allocate 50% to the county 
    general corporate fund. In the event that the seizure was 
    made by law enforcement personnel representing a unit of 
    local government from a municipality where the number of 
    inhabitants exceeds 2 million, the court levying the fine 
    shall allocate 100% of the fine to that unit of local 
    government. If the seizure was made by a combination of law 
    enforcement personnel representing differing units of 
    local government, and at least one of those units 
    represents a municipality where the number of inhabitants 
    exceeds 2 million, the court shall equitably allocate 100% 
    of the proceeds of the fines received among the differing 
    units of local government.
        
        (2) If such seizure was made by State law enforcement 
    personnel, then the court shall allocate 50% to the State 
    treasury and 50% to the county general corporate fund.
        
        (3) If a State law enforcement agency in combination 
    with a law enforcement agency or agencies of a unit or 
    units of local government conducted the seizure, the court 
    shall equitably allocate 50% of the fines to or among the 
    law enforcement agency or agencies of the unit or units of 
    local government which conducted the seizure and shall 
    allocate 50% to the county general corporate fund.
    
    (b) The proceeds of all fines allocated to the law 
enforcement agency or agencies of the unit or units of local 
government pursuant to subsection (a) shall be made available 
to that law enforcement agency as expendable receipts for use 
in the enforcement of laws regulating public corruption and 
other laws. The proceeds of fines awarded to the State treasury 
shall be deposited in the State Asset Forfeiture Fund. Monies 
from this Fund may be used by the Department of State Police in 
the enforcement of laws regulating public corruption and other 
laws; and all other monies shall be paid into the General 
Revenue Fund in the State treasury.

 
    Section 30. Preventing and restraining violations.
    (a) The circuit courts of the State shall have jurisdiction 
to prevent and restrain violations of this Act by issuing 
appropriate orders, including, but not limited to: ordering any 
person to divest himself of any interest, direct or indirect, 
in any enterprise; imposing reasonable restrictions on the 
future activities or investment of any person, including, but 
not limited to, prohibiting any person from engaging in the 
same type of endeavor as the enterprise engaged in, the 
activities of which affect business in the State of Illinois; 
or ordering dissolution or reorganization of any enterprise, 
making due provision for the rights of innocent persons.
    
    (b) The Attorney General or the State's Attorney may 
institute proceedings under this Section. In any action brought 
by the State of Illinois under this Section, the court shall 
proceed as soon as practicable to the hearing and determination 
thereof. Pending that determination, the court may at any time 
enter such temporary restraining orders, preliminary or 
permanent injunctions, or prohibitions, or take such other 
actions including the acceptance of satisfactory performance 
bonds by a defendant, as it shall deem proper.
    
    (c) Any person directly injured in his business, person or 
property by reason of a violation of this Act may sue the 
violator therefor in any appropriate circuit court and shall 
recover threefold the damages he or she sustains and the cost 
of the action, including a reasonable attorney's fee.
    
    (d) A final judgment entered in favor of the People of the 
State of Illinois in any criminal proceeding brought under this 
Act shall estop the defendant in the criminal case from denying 
the essential allegations of the criminal offense in any 
subsequent civil proceeding brought under this Act.

 
    Section 35. Venue. Any civil action or proceeding under 
this Act against any person may be instituted in the circuit 
court for any county in which such person resides, is found, 
has an agent, transacts his or her affairs, or in which 
property that is the subject of these proceedings is located. 
 
    Section 40. Intent. It is the intent of the General 
Assembly that this Act be liberally construed so as to effect 
the purposes of this Act and be construed in accordance with 
similar provisions contained in the Narcotics Profit 
Forfeiture Act.
 
    Section 45. Severability. If any provision of this Act or 
the application thereof to any person or circumstance is 
invalid, such invalidation shall not affect other provisions or 
applications of the Act which can be given effect without the 
invalid provision or application, and to this end the 
provisions of this Act are declared to be severable.
 
    Section 50. The Election Code is amended  by changing 
Section 9-8.10 as follows:
 
    (10 ILCS 5/9-8.10)

    Sec. 9-8.10. Use of political committee and other reporting 
organization
funds.


    (a) A political committee, or
organization subject to 
Section 9-7.5, shall
not
make
expenditures:


        (1) In violation of any law of the United States or of 
    this State.


        (2) Clearly in excess of the fair market value of the 
    services,
materials, facilities,
or other things of value 
    received in exchange.


        (3) For satisfaction or repayment of any debts other 
    than loans made to
the
committee or to the public official 
    or candidate on behalf of the committee or
repayment of 
    goods
and services purchased by the committee under a 
    credit
agreement.  Nothing in this Section authorizes the 
    use of campaign funds to
repay personal loans.  The 
    repayments shall be made by check written to the
person who 
    made the loan or credit agreement.  The terms and conditions 
    of any
loan or credit agreement to a
committee shall be set 
    forth in a written agreement, including but not limited
to 
    the
method and
amount of repayment, that shall be executed 
    by the chairman or treasurer of the
committee at the time 
    of the loan or credit agreement.  The loan or agreement

    shall also
set forth the rate of interest for the loan, if 
    any, which may not
substantially exceed the
prevailing 
    market interest rate at the time the agreement is executed.


        (4) For the satisfaction or repayment of any debts or 
    for the payment of
any expenses relating to a personal 
    residence.
Campaign funds may not be used as collateral for 
    home mortgages.


        (5) For clothing or personal laundry expenses, except 
    clothing items
rented by
the public official or candidate

    for his or her own use exclusively for a specific 
    campaign-related event,
provided that
committees may 
    purchase costumes, novelty items, or other accessories 
    worn
primarily to
advertise the candidacy.


        (6) For the travel expenses of
any person unless the 
    travel is necessary for fulfillment of political,

    governmental, or public policy duties, activities, or 
    purposes.


        (7) For membership or club dues charged by 
    organizations, clubs, or
facilities that
are primarily 
    engaged in providing health, exercise, or recreational 
    services;
provided,
however, that funds received under 
    this Article may be used to rent the clubs
or facilities

    for a specific campaign-related event.


        (8) In payment for anything of value or for 
    reimbursement of any
expenditure for
which any person has 
    been reimbursed by the State or any person.
For purposes of 
    this item (8), a per diem allowance is not a reimbursement.


        (9) For the purchase of or installment payment for a 
    motor vehicle unless
the political committee can 
    demonstrate that purchase of a motor vehicle is
more 
    cost-effective than leasing a motor vehicle as permitted 
    under this item
(9).  A political committee may lease or 
    purchase and insure, maintain, and
repair a motor vehicle 
    if the vehicle will be used primarily for campaign
purposes 
    or
for the performance of governmental duties.  A committee

    shall not make expenditures for use of the vehicle for 
    non-campaign or
non-governmental purposes.  Persons using 
    vehicles not purchased or leased by a
political committee 
    may be reimbursed for actual mileage for the use of the

    vehicle for campaign purposes or for the performance of 
    governmental duties.
The mileage reimbursements shall be 
    made at a rate not to exceed the standard
mileage rate 
    method for computation of business expenses under the 
    Internal
Revenue Code.


        (10) Directly for an individual's tuition or other 
    educational expenses,
except for governmental or political 
    purposes directly related to a candidate's
or public 
    official's duties and responsibilities.


        (11) For payments to a public official or candidate or 
    his or her
family member unless
for compensation for 
    services actually rendered by that person.
The provisions 
    of this item (11) do not apply to expenditures by a

    political committee in an aggregate
amount not exceeding 
    the amount of funds reported to and certified by the State

    Board or county clerk as available as of June 30, 1998, in 
    the semi-annual
report of
contributions and expenditures 
    filed by the
political committee for the period concluding 
    June 30, 1998.


    (b) The Board shall have the authority to investigate, upon

receipt of a verified complaint, violations of the provisions 
of this Section.
The Board may levy a fine
on any person who 
knowingly makes expenditures in violation of this Section and

on any person who knowingly makes a malicious and false 
accusation of a
violation of this Section.
The Board may act 
under this subsection only upon the affirmative vote of at

least 5 of its members.  The fine shall not
exceed $500 for each 
expenditure of $500 or less and shall not exceed the
amount of 
the
expenditure plus $500 for each expenditure greater than 
$500.  The Board shall
also
have the authority
to render rulings 
and issue opinions relating to compliance with this
Section.


    (c) Nothing in this Section prohibits the expenditure of 
funds of (i) a
political
committee controlled by an 
officeholder or by a candidate or (ii) an
organization subject

to Section 9-7.5 to defray the customary and reasonable 
expenses of an
officeholder in
connection with the performance 
of governmental and public service functions.


    (d) Nothing in this Section prohibits the funds of a 
political committee which is controlled by a person convicted 
of a violation of any of the offenses listed in subsection (a) 
of Section 10 of the Public Corruption Profit Forfeiture Act 
from being forfeited to the State under Section 15 of the 
Public Corruption Profit Forfeiture Act. 
(Source: P.A. 93-615, eff. 11-19-03; 93-685, eff. 7-8-04.)

 
    Section 55. The State Finance Act is amended by adding 
Section 5.755 as follows:
 
    (30 ILCS 105/5.755 new)
    Sec. 5.755. The State's Attorneys Appellate Prosecutor 
Anti-Corruption Fund.
 
    Section 99. Effective date. This Act takes effect January 
1, 2011.

Effective Date:  1/1/2011