|
inadequate remedies, procedures and punishments, the Illinois |
General Assembly hereby gives the supplemental remedies of the |
Illinois Street Gang and Racketeer Influenced and Corrupt |
Organizations Law full force and effect under law for the |
common good of this State and its people.
|
(720 ILCS 5/33G-3 new) |
Sec. 33G-3. Definitions. As used in this Article: |
(a) "Another state" means any State of the United States |
(other than the State of Illinois), or the District of |
Columbia, or the Commonwealth of Puerto Rico, or any territory |
or possession of the United States, or any political |
subdivision, or any department, agency, or instrumentality |
thereof. |
(b) "Enterprise" includes: |
(1) any partnership, corporation, association, |
business or charitable trust, or other legal entity; and |
(2) any group of individuals or other legal entities, |
or any combination thereof, associated in fact although not |
itself a legal entity. An association in fact must be held |
together by a common purpose of engaging in a course of |
conduct, and it may be associated together for purposes |
that are both legal and illegal. An association in fact |
must: |
(A) have an ongoing organization or structure, |
either formal or informal; |
|
(B) the various members of the group must function |
as a continuing unit, even if the group changes |
membership by gaining or losing members over time; and |
(C) have an ascertainable structure distinct from |
that inherent in the conduct of a pattern of predicate |
activity. |
As used in this Article, "enterprise" includes licit and |
illicit enterprises. |
(c) "Labor organization" includes any organization, labor |
union, craft union, or any voluntary unincorporated |
association designed to further the cause of the rights of |
union labor that is constituted for the purpose, in whole or in |
part, of collective bargaining or of dealing with employers |
concerning grievances, terms or conditions of employment, or |
apprenticeships or applications for apprenticeships, or of |
other mutual aid or protection in connection with employment, |
including apprenticeships or applications for apprenticeships. |
(d) "Operation or management" means directing or carrying |
out the enterprise's affairs and is limited to any person who |
knowingly serves as a leader, organizer, operator, manager, |
director, supervisor, financier, advisor, recruiter, supplier, |
or enforcer of an enterprise in violation of this Article. |
(e) "Predicate activity" means any act that is a Class 2 |
felony or higher and constitutes a violation or violations of |
any of the following provisions of the laws of the State of |
Illinois (as amended or revised as of the date the activity |
|
occurred or, in the instance of a continuing offense, the date |
that charges under this Article are filed in a particular |
matter in the State of Illinois) or any act under the law of |
another jurisdiction for an offense that could be charged as a |
Class 2 felony or higher in this State: |
(1) under the Criminal Code of 1961: 8-1.2 |
(solicitation of murder for hire), 9-1 (first degree |
murder), 9-3.3 (drug-induced homicide), 10-1 (kidnapping), |
10-2 (aggravated kidnapping), 10-3.1 (aggravated unlawful |
restraint), 10-4 (forcible detention), 10-5(b)(10) (child |
abduction), 10-9 (trafficking in persons, involuntary |
servitude, and related offenses), 11-1.20 (criminal sexual |
assault), 11-1.30 (aggravated criminal sexual assault), |
11-1.40 (predatory criminal sexual assault of a child), |
11-1.60 (aggravated criminal sexual abuse), 11-6 (indecent |
solicitation of a child), 11-6.5 (indecent solicitation of |
an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting |
prostitution), 11-14.4 (promoting juvenile prostitution), |
11-18.1 (patronizing a minor engaged in prostitution; |
patronizing a juvenile prostitute), 12-3.05 (aggravated |
battery), 12-6.4 (criminal street gang recruitment), |
12-6.5 (compelling organization membership of persons), |
12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 |
(cyberstalking), 12-11 (home invasion), 12-11.1 (vehicular |
invasion), 18-1 (robbery), 18-2 (armed robbery), 18-3 |
(vehicular hijacking), 18-4 (aggravated vehicular |
|
hijacking), 18-5 (aggravated robbery), 19-1 (burglary), |
19-3 (residential burglary), 20-1 (arson), 20-1.1 |
(aggravated arson), 20-1.2 (residential arson), 20-1.3 |
(place of worship arson), 24-1.2 (aggravated discharge of a |
firearm), 24-1.2-5 (aggravated discharge of a machine gun |
or silencer equipped firearm), 24-1.8 (unlawful possession |
of a firearm by a street gang member), 24-3.2 (unlawful |
discharge of firearm projectiles), 24-3.9 (aggravated |
possession of a stolen firearm), 24-3A (gunrunning), 26-5 |
(dog-fighting), 29D-14.9 (terrorism), 29D-15 (soliciting |
support for terrorism), 29D-15.1 (causing a catastrophe), |
29D-15.2 (possession of a deadly substance), 29D-20 |
(making a terrorist threat), 29D-25 (falsely making a |
terrorist threat), 29D-29.9 (material support for |
terrorism), 29D-35 (hindering prosecution of terrorism), |
31A-1.2 (unauthorized contraband in a penal institution), |
or 33A-3 (armed violence); |
(2) under the Cannabis Control Act: Sections 5 |
(manufacture or delivery of cannabis), 5.1 (cannabis |
trafficking), or 8 (production or possession of cannabis |
plants), provided the offense either involves more than 500 |
grams of any substance containing cannabis or involves more |
than 50 cannabis sativa plants; |
(3) under the Illinois Controlled Substances Act: |
Sections 401 (manufacture or delivery of a controlled |
substance), 401.1 (controlled substance trafficking), 405 |
|
(calculated criminal drug conspiracy), or 405.2 (street |
gang criminal drug conspiracy); or |
(4) under the Methamphetamine Control and Community |
Protection Act: Sections 15 (methamphetamine |
manufacturing), or 55 (methamphetamine delivery). |
(f) "Pattern of predicate activity" means: |
(1) at least 3 occurrences of predicate activity that |
are in some way related to each other and that have |
continuity between them, and that are separate acts. Acts |
are related to each other if they are not isolated events, |
including if they have similar purposes, or results, or |
participants, or victims, or are committed a similar way, |
or have other similar distinguishing characteristics, or |
are part of the affairs of the same enterprise. There is |
continuity between acts if they are ongoing over a |
substantial period, or if they are part of the regular way |
some entity does business or conducts its affairs; and |
(2) which occurs after the effective date of this |
Article, and the last of which falls within 3 years |
(excluding any period of imprisonment) after the first |
occurrence of predicate activity. |
(g) "Unlawful death" includes the following offenses: |
under the Criminal Code of 1961: Sections 9-1 (first degree |
murder) or 9-2 (second degree murder).
|
(720 ILCS 5/33G-4 new) |
|
Sec. 33G-4. Prohibited activities. |
(a) It is unlawful for any person, who intentionally |
participates in the operation or management of an enterprise, |
directly or indirectly, to: |
(1) knowingly do so, directly or indirectly, through a |
pattern of predicate activity; |
(2) knowingly cause another to violate this Article; or |
(3) knowingly conspire to violate this Article. |
Notwithstanding any other provision of law, in any |
prosecution for a conspiracy to violate this Article, no person |
may be convicted of that conspiracy unless an overt act in |
furtherance of the agreement is alleged and proved to have been |
committed by him, her, or by a coconspirator, but the |
commission of the overt act need not itself constitute |
predicate activity underlying the specific violation of this |
Article. |
(b) It is unlawful for any person knowingly to acquire or |
maintain, directly or indirectly, through a pattern of |
predicate activity any interest in, or control of, to any |
degree, of any enterprise, real property, or personal property |
of any character, including money. |
(c) Nothing in this Article shall be construed as to make |
unlawful any activity which is arguably protected or prohibited |
by the National Labor Relations Act, the Illinois Educational |
Labor Relations Act, the Illinois Public Labor Relations Act, |
or the Railway Labor Act. |
|
(d) The following organizations, and any officer or agent |
of those organizations acting in his or her official capacity |
as an officer or agent, may not be sued in civil actions under |
this Article: |
(1) a labor organization; or |
(2) any business defined in Division D, E, F, G, H, or |
I of the Standard Industrial Classification as established |
by the Occupational Safety and Health Administration, U.S. |
Department of Labor. |
(e) Any person prosecuted under this Article may be |
convicted and sentenced either: |
(1) for the offense of conspiring to violate this |
Article, and for any other particular offense or offenses |
that may be one of the objects of a conspiracy to violate |
this Article; or |
(2) for the offense of violating this Article, and for |
any other particular offense or offenses that may |
constitute predicate activity underlying a violation of |
this Article. |
(f) The State's Attorney, or a person designated by law to |
act for him or her and to perform his or her duties during his |
or her absence or disability, may authorize a criminal |
prosecution under this Article. Prior to any State's Attorney |
authorizing a criminal prosecution under this Article, the |
State's Attorney shall adopt rules and procedures governing the |
investigation and prosecution of any offense enumerated in this |
|
Article. These rules and procedures shall set forth guidelines |
which require that any potential prosecution under this Article |
be subject to an internal approval process in which it is |
determined, in a written prosecution memorandum prepared by the |
State's Attorney's Office, that (1) a prosecution under this |
Article is necessary to ensure that the indictment adequately |
reflects the nature and extent of the criminal conduct involved |
in a way that prosecution only on the underlying predicate |
activity would not, and (2) a prosecution under this Article |
would provide the basis for an appropriate sentence under all |
the circumstances of the case in a way that a prosecution only |
on the underlying predicate activity would not. No State's |
Attorney, or person designated by law to act for him or her and |
to perform his or her duties during his or her absence or |
disability, may authorize a criminal prosecution under this |
Article prior to reviewing the prepared written prosecution |
memorandum. However, any internal memorandum shall remain |
protected from disclosure under the attorney-client privilege, |
and this provision does not create any enforceable right on |
behalf of any defendant or party, nor does it subject the |
exercise of prosecutorial discretion to judicial review. |
(g) A labor organization and any officer or agent of that |
organization acting in his or her capacity as an officer or |
agent of the labor organization are exempt from prosecution |
under this Article.
|
|
(720 ILCS 5/33G-5 new) |
Sec. 33G-5. Penalties. Under this Article, notwithstanding |
any other provision of law: |
(a) Any violation of subsection (a) of Section 33G-4 of |
this Article shall be sentenced as a Class X felony with a term |
of imprisonment of not less than 7 years and not more than 30 |
years, or the sentence applicable to the underlying predicate |
activity, whichever is higher, and the sentence imposed shall |
also include restitution, and or a criminal fine, jointly and |
severally, up to $250,000 or twice the gross amount of any |
intended proceeds of the violation, if any, whichever is |
higher. |
(b) Any violation of subsection (b) of Section 33G-4 of |
this Article shall be sentenced as a Class X felony, and the |
sentence imposed shall also include restitution, and or a |
criminal fine, jointly and severally, up to $250,000 or twice |
the gross amount of any intended proceeds of the violation, if |
any, whichever is higher. |
(c) Wherever the unlawful death of any person or persons |
results as a necessary or natural consequence of any violation |
of this Article, the sentence imposed on the defendant shall |
include an enhanced term of imprisonment of at least 25 years |
up to natural life, in addition to any other penalty imposed by |
the court, provided: |
(1) the death or deaths were reasonably foreseeable to |
the defendant to be sentenced; and |
|
(2) the death or deaths occurred when the defendant was |
otherwise engaged in the violation of this Article as a |
whole. |
(d) A sentence of probation, periodic imprisonment, |
conditional discharge, impact incarceration or county impact |
incarceration, court supervision, withheld adjudication, or |
any pretrial diversionary sentence or suspended sentence, is |
not authorized for a violation of this Article.
|
(720 ILCS 5/33G-6 new) |
Sec. 33G-6. Remedial proceedings, procedures, and |
forfeiture. Under this Article: |
(a) The circuit court shall have jurisdiction to prevent |
and restrain violations of this Article by issuing appropriate |
orders, including: |
(1) ordering any person to disgorge illicit proceeds |
obtained by a violation of this Article or divest himself |
or herself of any interest, direct or indirect, in any |
enterprise or real or personal property of any character, |
including money, obtained, directly or indirectly, by a |
violation of this Article; |
(2) imposing reasonable restrictions on the future |
activities or investments of any person or enterprise, |
including prohibiting any person or enterprise from |
engaging in the same type of endeavor as the person or |
enterprise engaged in, that violated this Article; or |
|
(3) ordering dissolution or reorganization of any |
enterprise, making due provision for the rights of innocent |
persons. |
(b) Any violation of this Article is subject to the |
remedies, procedures, and forfeiture as set forth in |
subsections (f) through (s) of Section 29B-1 of this Code.
|
(720 ILCS 5/33G-7 new) |
Sec. 33G-7. Construction. In interpreting the provisions |
of this Article, the court shall construe them in light of the |
applicable model jury instructions set forth in the Federal |
Criminal Jury Instructions for the Seventh Circuit (1999) for |
Title IX of Public Law, 91-452, 84 Stat. 922 (as amended in |
Title 18, United States Code, Sections 1961 through 1968), |
except to the extent that it is inconsistent with the plain |
language of this Article.
|
(720 ILCS 5/33G-8 new) |
Sec. 33G-8. Limitations. Under this Article, |
notwithstanding any other provision of law, but otherwise |
subject to the periods of exclusion from limitation as provided |
in Section 3-7 of this Code, the following limitations apply: |
(a) Any action, proceeding, or prosecution brought under |
this Article must commence within 5 years of one of the |
following dates, whichever is latest: |
(1) the date of the commission of the last occurrence |
|
of predicate activity in a pattern of that activity, in the |
form of an act underlying the alleged violation of this |
Article; or |
(2) in the case of an action, proceeding, or |
prosecution, based upon a conspiracy to violate this |
Article, the date that the last objective of the alleged |
conspiracy was accomplished, defeated or abandoned |
(whichever is later); or |
(3) the date any minor victim of the violation attains |
the age of 18 years or the date any victim of the violation |
subject to a legal disability thereafter gains legal |
capacity. |
(b) Any action, proceeding, or prosecution brought under |
this Article may be commenced at any time against all |
defendants if the conduct of any defendant, or any part of the |
overall violation, resulted in the unlawful death of any person |
or persons.
|
(720 ILCS 5/33G-9 new) |
Sec. 33G-9. Repeal. This Article is repealed 5 years after |
it becomes law.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|