Public Act 097-0686
 
HB1907 EnrolledLRB097 08651 RLC 48780 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by adding
Article 33G as follows:
 
    (720 ILCS 5/Art. 33G heading new)
ARTICLE 33G.
ILLINOIS STREET GANG AND RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS LAW

 
    (720 ILCS 5/33G-1 new)
    Sec. 33G-1. Short title. This Article may be cited as the
Illinois Street Gang and Racketeer Influenced and Corrupt
Organizations Law (or "RICO").
 
    (720 ILCS 5/33G-2 new)
    Sec. 33G-2. Legislative declaration. The substantial harm
inflicted on the people and economy of this State by pervasive
violent street gangs and other forms of enterprise criminality,
is legitimately a matter of grave concern to the people of this
State who have a basic right to be protected from that criminal
activity and to be given adequate remedies to redress its
harms. Whereas the current laws of this State provide
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.