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IL HB5767

Bill

Status

Failed

12/3/2014

Primary Sponsor

Dennis Reboletti

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

  • Removes provision that street gang and racketeering violations are subject to money laundering remedies and procedures, replacing it with independent civil remedy provisions allowing the U.S., states, political subdivisions, or injured persons to sue for treble damages, attorney's fees, and equitable relief including injunctions and disgorgement.

  • Establishes mandatory criminal and civil forfeiture of property derived from or used in violations of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, including real property, personal property, and interests in enterprises.

  • Allows courts to grant petitions for mitigation or remission of forfeiture, restore property to victims, award compensation to informants, and take measures to protect innocent persons' rights consistent with the Act.

  • Extends the sunset (repeal) date of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law from June 11, 2017 to June 11, 2022.

  • Permits prosecutors to obtain restraining orders and injunctions to preserve property for forfeiture pending trial, with temporary orders lasting up to 10 days without notice if probable cause exists and notice would jeopardize the investigation.

Legislative Description

CRIM CD-RICO-REMEDIES-SUNSET

Last Action

Session Sine Die

12/3/2014

Committee Referrals

Rules3/28/2014
Judiciary2/20/2014
Rules2/14/2014

Full Bill Text

No bill text available