Full Text of HB4078 96th General Assembly
HB4078ham002 96TH GENERAL ASSEMBLY
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Rep. Jack D. Franks
Filed: 4/1/2009
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LRB096 08471 RLC 24971 a |
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| AMENDMENT TO HOUSE BILL 4078
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| AMENDMENT NO. ______. Amend House Bill 4078 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Elected Officials Misconduct Forfeiture Act. | 6 |
| Section 5. Definitions. For the purposes of this Act, | 7 |
| "elected official" means any former elected official whose term | 8 |
| of office is terminated by operation of law for conviction of | 9 |
| an offense, who is removed from office on conviction of | 10 |
| impeachment for misconduct in office, or who resigned from | 11 |
| office prior, upon, or after conviction; and "proceeds" means | 12 |
| any interest in property of any kind acquired through or caused | 13 |
| by an act or omission, or derived from the act or omission, | 14 |
| directly or indirectly, and any fruits of this interest, in | 15 |
| whatever form. |
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LRB096 08471 RLC 24971 a |
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| Section 10. Purposes. The General Assembly finds that it | 2 |
| has compelling governmental interests in: (1) preventing | 3 |
| criminals from profiting from their crimes, and (2) ensuring | 4 |
| that the victims of crime are compensated by those who harm | 5 |
| them. Further, the General Assembly finds that the unlawful or | 6 |
| deceitful actions of elected officials can erode the public's | 7 |
| confidence in its government and debase the public's belief in | 8 |
| a fair democratic process. | 9 |
| Section 15. Forfeiture action. The Attorney General may | 10 |
| file an action in circuit court on behalf of the people of | 11 |
| Illinois against an elected official who has, by his or her | 12 |
| violation of Article 33 of the Criminal Code of 1961 or | 13 |
| violation of a similar federal offense, injured the people of | 14 |
| Illinois. The purpose of such suit is to recover all proceeds | 15 |
| traceable to the elected official's offense and by so doing, | 16 |
| prevent, restrain or remedy violations of Article 33 of the | 17 |
| Criminal Code of 1961 or similar federal offenses.
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| Section 20. Procedure. | 19 |
| (a) The circuit court has jurisdiction to prevent, | 20 |
| restrain, and remedy violations of Article 33 of the Criminal | 21 |
| Code of 1961 or violations of a similar federal offense after a | 22 |
| hearing or trial, as appropriate, by issuing appropriate | 23 |
| orders.
Prior to a determination of liability such orders may | 24 |
| include, but are not limited to, issuing seizure warrants, |
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LRB096 08471 RLC 24971 a |
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| entering findings of probable cause for in personam or in rem | 2 |
| forfeiture, or taking such other actions, in connection with | 3 |
| any property or other interest subject to forfeiture or other | 4 |
| remedies or restraints pursuant to this Section as the court | 5 |
| deems proper. | 6 |
| (b) If the Attorney General prevails in his or her action, | 7 |
| the court shall order the forfeiture of all proceeds traceable | 8 |
| to the elected official's violations of Article 33 of the | 9 |
| Criminal Code of 1961 or similar federal offenses. Proceeds | 10 |
| seized and forfeited as a result of the Attorney General's | 11 |
| action will be deposited into the General Revenue Fund or the | 12 |
| corporate county fund, as appropriate.
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| Section 25. Term of forfeiture. The maximum term of a civil | 14 |
| forfeiture under this Act shall be equal to the term of | 15 |
| imprisonment, probation and mandatory supervised release or | 16 |
| parole received by the elected official as a result of his or | 17 |
| her conviction for violating Article 33 of the Criminal Code of | 18 |
| 1961 or similar federal offenses.
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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