HB442 Summary

• Creates the Alabama RICO (Racketeer Influenced and Corrupt Organizations) Act to criminalize racketeering activity and patterns of racketeering involving three or more persons, with conviction classified as a Class A felony.

• Prohibits persons from acquiring or maintaining any interest in enterprises, real property, or personal property through patterns of racketeering activity or derived proceeds, and prohibits persons employed by enterprises from conducting them through racketeering.

• Authorizes circuit courts to enjoin RICO violations and order divestment of interests, dissolution of enterprises, suspension of licenses, and forfeiture of corporate charters upon proper findings.

• Requires forfeiture of all property used in or derived from racketeering activity to the state, with protections for innocent owners and lienholders unless they had actual knowledge and knowingly consented to the activity.

• Establishes a five-year statute of limitations for criminal or civil actions, creates the Criminal Organized Activity/RICO Fund to support investigations and prosecutions, and provides that 25% of fines and civil judgments go to the State General Fund with the remainder to the RICO Fund.