State of Illinois
2011 and 2012


Introduced 2/7/2012, by Rep. Michael J. Zalewski


See Index

    Amends the Criminal Code of 1961. Adds the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (RICO) as a new Article of the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in such enterprise's affairs through either a pattern of predicate activity (specified criminal offenses) or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, of any enterprise, real property, or personal property of any character, including money. Establishes criminal penalties and civil remedies. Provides that any violation of the Article is subject to the remedies, procedures, and forfeiture as set forth in the money laundering statute. Effective immediately.

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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by adding
5Article 33G as follows:
6    (720 ILCS 5/Art. 33G heading new)

10    (720 ILCS 5/33G-1 new)
11    Sec. 33G-1. Short title. This Article may be cited as the
12Illinois Street Gang and Racketeer Influenced and Corrupt
13Organizations Law (or "RICO").
14    (720 ILCS 5/33G-2 new)
15    Sec. 33G-2. Legislative declaration. The substantial harm
16inflicted on the people and economy of this State by pervasive
17violent street gangs and other forms of enterprise criminality,
18is legitimately a matter of grave concern to the people of this
19State who have a basic right to be protected from such criminal
20activity and to be given adequate remedies to redress its
21harms. Whereas the current laws of this State provide



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1inadequate remedies, procedures and punishments, the Illinois
2General Assembly hereby gives the supplemental remedies of the
3Illinois Street Gang and Racketeer Influenced and Corrupt
4Organizations Law full force and effect under law for the
5common good of this State and its people.
6    (720 ILCS 5/33G-3 new)
7    Sec. 33G-3. Definitions. As used in this Article:
8    (a) "Another state" means any State of the United States
9(other than the State of Illinois), or the District of
10Columbia, or the Commonwealth of Puerto Rico, or any territory
11or possession of the United States, or any political
12subdivision, or any department, agency, or instrumentality
14    (b) "Enterprise" includes (1) any individual, sole
15proprietorship, partnership, corporation, association,
16business or charitable trust or other legal entity, and (2) any
17group of individuals or other legal entities, or any
18combination thereof, associated in fact although not itself a
19legal entity. An association in fact must be held together by a
20common purpose, apart from an individual purpose or purposes,
21but it need not be hierarchically structured or otherwise
22specially configured. As used in this Article, "enterprise"
23includes licit and illicit enterprises.
24    (c) "Predicate activity" means:
25        (1) any act, attempt, endeavor, solicitation, or



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1    conspiracy that is punishable by imprisonment for more than
2    one year, and constitutes a violation or violations of any
3    of the following provisions of the laws of the State of
4    Illinois (as amended or revised as of the date the activity
5    occurred or, in the instance of a continuing offense, the
6    date that charges under this Article are filed in a
7    particular matter in the State of Illinois):
8            (i) under the Criminal Code of 1961: 8-1.2
9        (solicitation of murder for hire), 9-1 (first degree
10        murder), 9-3.1 (concealment of homicidal death), 9-3.3
11        (drug-induced homicide), 10-1 (kidnapping), 10-2
12        (aggravated kidnapping), 10-3 (unlawful restraint),
13        10-3.1 (aggravated unlawful restraint), 10-4 (forcible
14        detention), 10-5 (child abduction), 10-7 (aiding and
15        abetting child abduction), 10-9 (trafficking of
16        persons, involuntary servitude, and related offenses),
17        11-6 (indecent solicitation of a child), 11-6.5
18        (indecent solicitation of an adult), 11-9.1 (sexual
19        exploitation of a child), 11-9.2 (custodial sexual
20        misconduct), 11-14.4(a)(1) (promoting juvenile
21        prostitution), 11-15.1 (soliciting for a juvenile
22        prostitute), 11-14.3(a)(2)(A) or 11-14.3(a)(2)(B)
23        (promoting prostitution), 11-16 (pandering),
24        11-14.4(a)(1) (promoting juvenile prostitution),
25        11-17.1 (keeping a place of juvenile prostitution),
26        11-18.1 (patronizing a juvenile prostitute),



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1        11-14.4(a)(2) or 11-14.4(a)(3) (promoting juvenile
2        prostitution), 11-19.1 (juvenile pimping and
3        aggravated juvenile pimping), 11-14.4(a)(4) (promoting
4        juvenile prostitution), 11-19.2 (exploitation of a
5        child), 12-2 (aggravated assault), 12-3.05 or 12-4
6        (aggravated battery), 12-4.1 (heinous battery), 12-4.2
7        (aggravated battery with a firearm), 12-4.2-5
8        (aggravated battery with a machine gun or
9        silencer-equipped firearm), 12-4.7 (drug-induced
10        infliction of great bodily harm), 12-6.1 or 12-6.5
11        (compelling organization membership of persons),
12        12-6.4 (criminal street gang recruitment), 12-7.3
13        (stalking), 12-7.4 (aggravated stalking), 12-7.5
14        (cyber-stalking), 12-11 (home invasion), 12-11.1
15        (vehicular invasion), 11-1.20 or 12-13 (criminal
16        sexual assault), 11-1.30 or 12-14 (aggravated criminal
17        sexual assault), 11-1.40 or 12-14.1 or (predatory
18        criminal sexual assault of a child), 11-1.60 or 12-16
19        (aggravated criminal sexual abuse), 16-16.1 or 24-3.9
20        (aggravated possession of a stolen firearm), 18-1
21        (robbery), 18-2 (armed robbery), 18-3 (vehicular
22        hijacking), 18-4 (aggravated vehicular hijacking),
23        18-5 (aggravated robbery), 19-1 (burglary), 19-2
24        (possession of burglary tools), 19-3 (residential
25        burglary), 20-1 (arson), 20-1.1 (aggravated arson),
26        20-1.2 (residential arson), 20-1.3 (place of worship



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1        arson), 20-2 (possession of explosives), 20.5-5
2        (causing a catastrophe), 20.5-6 (possession of a
3        deadly substance), 24-1.2 (aggravated discharge of a
4        firearm), 24-1.2-5 (aggravated discharge of a machine
5        gun or silencer equipped firearm), 24-1.6 (aggravated
6        unlawful use of a weapon), 24-1.8 (unlawful possession
7        of a firearm by a street gang member), 24-2.2 (unlawful
8        ammunition), 24-3 (unlawful sale of firearms), 24-3.2
9        (unlawful discharge of firearm projectiles), 24-3A
10        (gunrunning), 24-5 (defacing a firearm), 26-5
11        (dog-fighting), 29D-15 (soliciting support for
12        terrorism), 29D-20 (making a terrorist threat), 29D-25
13        (falsely making a terrorist threat), 29D-30
14        (terrorism), 29D-35 (hindering prosecution of
15        terrorism), 31A-1.2 (unauthorized contraband in a
16        penal institution), or 33A-3 (armed violence).
17            (ii) under the Cannabis Control Act: Sections 5
18        (manufacture or delivery of cannabis), 5.1 (cannabis
19        trafficking), or 8 (production or possession of
20        cannabis plants) provided the offense either involves
21        more than 30 grams of any substance containing cannabis
22        or involves more than 20 cannabis sativa plants.
23            (iii) under the Illinois Controlled Substances
24        Act: Sections 401 (manufacture or delivery of a
25        controlled substance), 401.1 (controlled substance
26        trafficking), 405 (calculated criminal drug



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1        conspiracy), or 405.2 (street gang criminal drug
2        conspiracy).
3            (iv) under the Methamphetamine Control and
4        Community Protection Act: Sections 15 (methamphetamine
5        manufacturing), or 55 (methamphetamine delivery); or
6        (2) any act, attempt, endeavor, solicitation, or
7    conspiracy involving murder, kidnapping, illegal gambling,
8    arson, robbery, or dealing in a controlled substance or
9    listed chemical (as defined under the laws of the United
10    States in Title 21, United States Code, Section 802), that
11    is chargeable under the laws of another state and
12    punishable by imprisonment for more than one year. Under
13    this Article, the term "chargeable" means the act, attempt
14    or endeavor, solicitation, or conspiracy constitutes an
15    offense under the substantive criminal law of another
16    state, as such laws exist as of the date the activity
17    occurred or, in the instance of a continuing offense, the
18    date that charges under this Article are filed in a
19    particular matter in the State of Illinois, but it does not
20    include any procedural defenses under the laws of another
21    state.
22    (d) "Pattern of predicate activity" means:
23        (1) at least 2 occurrences of predicate activity
24    related to the affairs of an enterprise in the form of an
25    act, attempt, endeavor, solicitation, or conspiracy, or
26    any combination thereof; and



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1        (2) at least one of which occurs after the effective
2    date of this Article, and the last of which falls within 10
3    years (excluding any period of imprisonment) after the
4    prior occurrence of predicate activity;
5    (e) "Unlawful debt" means a debt:
6        (1) incurred or contracted in the business of gambling
7    activity that was in violation of the law of the United
8    States, or the State of Illinois or another state, or any
9    political subdivision thereof, and that is unenforceable
10    under federal law, or the laws of the State of Illinois or
11    another state, in whole or in part as to principal or
12    interest, or
13        (2) that was incurred in connection with the business
14    of lending money or other things of value in violation of
15    the law of the United States, or the laws of the State of
16    Illinois or another state, or political subdivision
17    thereof at a rate usurious under federal law, or the laws
18    of the State of Illinois or another state, where the
19    usurious rate is at least twice the enforceable rate;
20    (f) "Unlawful death" includes the following offenses:
21under the Criminal Code of 1961: Sections 9-1 (first degree
22murder), 9-2 (second degree murder), 9-3 (voluntary
23manslaughter and reckless homicide), or 9-3.2 (involuntary
25    (720 ILCS 5/33G-4 new)



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1    Sec. 33G-4. Prohibited activities. Under this Article:
2    (a) It is unlawful for any person:
3        (1) who is employed by or associated with any
4    enterprise, knowingly to conduct or participate, directly
5    or indirectly, in such enterprise's affairs through either
6    a pattern of predicate activity or the collection of
7    unlawful debt; or
8        (2) knowingly to acquire or maintain, directly or
9    indirectly, through either a pattern of predicate activity
10    or the collection of unlawful debt, any interest in, or
11    control of, to any degree, of any enterprise, real
12    property, or personal property of any character, including
13    money.
14    (b) It is unlawful for any person knowingly to attempt to
15violate, or knowingly conspire to violate, this Article.
16Notwithstanding any other provision of law, in any prosecution
17for a conspiracy to violate this Article, no person may be
18convicted of such conspiracy unless an overt act in furtherance
19of such agreement is alleged and proved to have been committed
20by him or by a coconspirator, but the commission of such overt
21act need not itself constitute predicate activity underlying
22the specific violation of this Article.
23    (c) The application of a remedy under this Article does not
24preclude the application of other criminal, civil, or
25administrative remedies under this Article or any other
26provision of law. Any person prosecuted under this Article may



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1be convicted and sentenced either:
2        (1) for the offense of conspiring to violate this
3    Article, and for any other particular offense or offenses
4    that may be one of the objects of a conspiracy to violate
5    this Article; or
6        (2) for the offense of violating this Article, and for
7    any other particular offense or offenses that may
8    constitute predicate activity underlying a violation of
9    this Article.
10    (d) It is not a defense to any violation of this Article
11that a defendant has been formerly prosecuted for an offense
12based upon the same facts, within the meaning of Section 3-4 of
13this Code, that thereafter serves as any portion of the
14underlying predicate activity in a subsequent prosecution
15under this Article, unless the former prosecution was
16terminated by a final order or judgment, even if entered before
17trial, which required a determination inconsistent with any
18fact necessary to a conviction in the subsequent prosecution
19under this Article.
20    (e) In any criminal prosecution under this Article, the
21court may permit the introduction into evidence, as an
22admission or self-incriminating verbal act by a defendant, any
23certified court document relating to that defendant, including
24charging instruments, judgments of conviction, or transcripts
25of previous court proceedings underlying any prior conviction
26of that defendant, that may otherwise constitute evidence of a



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1violation of this Article. The finder of fact may consider such
2court documents against that defendant, but the admission of
3the court documents shall not estop the defendant from
4challenging, in the criminal prosecution under this Article,
5any factual matters asserted in the court documents or any
6inferences to be drawn therefrom.
7    (720 ILCS 5/33G-5 new)
8    Sec. 33G-5. Penalties. Under this Article, notwithstanding
9any other provision of law:
10    (a) Any violation of subsection (a) of Section 33G-4 of
11this Article shall be sentenced as a Class X felony with a
12special term of imprisonment of not less than 10 years and not
13more than 30 years, or the sentence applicable to the
14underlying predicate activity, whichever is higher, and the
15sentence imposed shall also include restitution, and or a
16criminal fine, jointly and severally, up to $250,000 or twice
17the gross amount of any intended proceeds of the violation, if
18any, whichever is higher.
19    (b) Any violation of subsection (b) of Section 33G-4 of
20this Article shall be sentenced as a Class X felony with a
21special term of imprisonment of not less than 7 years and not
22more than 30 years, and the sentence imposed shall also include
23restitution, and or a criminal fine, jointly and severally, up
24to $250,000 or twice the gross amount of any intended proceeds
25of the violation, if any, whichever is higher.



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1    (c) Wherever the unlawful death of any person or persons
2results as a necessary or natural consequence of any violation
3of this Article, the sentence imposed on the defendant shall
4include an enhanced term of imprisonment of at least 25 years
5up to natural life, in addition to any other penalty imposed by
6the court, provided:
7        (1) the death or deaths were reasonably foreseeable to
8    the defendant to be sentenced; and
9        (2) the death or deaths occurred when such defendant
10    was otherwise engaged in the violation of this Article as a
11    whole.
12    (d) A sentence of probation, periodic imprisonment,
13conditional discharge, impact incarceration or county impact
14incarceration, court supervision, withheld adjudication, or
15any pretrial diversionary sentence or suspended sentence, is
16not authorized for a violation of this Article.
17    (720 ILCS 5/33G-6 new)
18    Sec. 33G-6. Remedial proceedings, procedures, and
19forfeiture. Under this Article:
20    (a) The circuit court shall have jurisdiction to prevent
21and restrain violations of this Article by issuing appropriate
22orders, including:
23        (1) ordering any person to disgorge illicit proceeds
24    obtained by a violation of this Article or divest himself
25    or herself of any interest, direct or indirect, in any



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1    enterprise or real or personal property of any character,
2    including money, obtained, directly or indirectly, by a
3    violation of this Article;
4        (2) imposing reasonable restrictions on the future
5    activities or investments of any person or enterprise,
6    including prohibiting any person or enterprise from
7    engaging in the same type of endeavor as the person or
8    enterprise engaged in, that violated this Article; or
9        (3) ordering dissolution or reorganization of any
10    enterprise, making due provision for the rights of innocent
11    persons.
12    (b) Any violation of this Article is subject to the
13remedies, procedures, and forfeiture as set forth in
14subsections (f) through (s) of Section 29B-1 of this Code.
15    (720 ILCS 5/33G-7 new)
16    Sec. 33G-7. Severability. If any clause, sentence, Section
17or provision, or part of this Article or the application
18thereof to any person or circumstance shall be adjudged to be
19unconstitutional, the remainder of this Article or its
20application to any person or circumstances other than those to
21which it is held invalid shall not be affected thereby.
22    (720 ILCS 5/33G-8 new)
23    Sec. 33G-8. Construction. In interpreting the provisions
24of this Article, the court, because of its remedial purposes,



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1shall construe them liberally. Nothing in this Article shall
2preclude the imposition of additional criminal penalties under
3any provision of Federal law, or the laws of the State of
4Illinois or another state, or any other law, or the affording
5of any remedies in addition to those provided for in this
6Article. In addition, the court shall construe this Article in
7light of the provisions contained in Title IX of Public Law
891-452, 84 Stat. 922 (as amended in Title 18, United States
9Code, Section 1961-1968), wherever substantially similar
10language is used in such Title and this Article, but where such
11language indicates an intent to depart from such Title, the
12court shall interpret the language as herein provided.
13    (720 ILCS 5/33G-9 new)
14    Sec. 33G-9. Limitations. Under this Article,
15notwithstanding any other provision of law, but otherwise
16subject to the periods of exclusion from limitation as provided
17in Section 3-7 of this Code, the following limitations apply:
18    (a) Any action, proceeding, or prosecution brought under
19this Article must commence within 5 years of one of the
20following dates, whichever is latest:
21        (1) the date of the commission of the last occurrence
22    of predicate activity in a pattern of such activity, in the
23    form of an act, attempt, endeavor, or solicitation,
24    underlying the alleged violation of this Article; or
25        (2) in the case of an action, proceeding, or



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1    prosecution, based upon a conspiracy to violate this
2    Article, the date that the last objective of the alleged
3    conspiracy was accomplished, defeated or abandoned
4    (whichever is later); or
5        (3) the date any minor victim of the violation attains
6    the age of 18 years or the date any victim of the violation
7    subject to a legal disability thereafter gains legal
8    capacity; or
9        (4) the date that any alleged violation of this
10    Article, including injury, cause, pattern, or identity of
11    the violator or violators, was otherwise discovered in the
12    exercise of good faith.
13    (b) Any action, proceeding, or prosecution brought under
14this Article may be commenced at any time against all
15defendants if the conduct of any defendant, or any part of the
16overall violation, resulted in the unlawful death of any person
17or persons.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.