Illinois General Assembly

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 Bill Status of HB1907  97th General Assembly


Short Description:  CRIM CD, CRIM PRO-RICO

House Sponsors
Rep. Michael J. Zalewski - Dennis M. Reboletti - Anthony DeLuca - Michael G. Connelly - Dena M. Carli, Deborah Mell, William Cunningham, Jehan A. Gordon, Donald L. Moffitt, Joseph M. Lyons, John D'Amico, Ann Williams, Adam Brown and Karen A. Yarbrough

Senate Sponsors
(Sen. Antonio Muņoz - Michael Noland - Dan Kotowski - John J. Millner, Emil Jones, III, Mr. Steven M. Landek, Martin A. Sandoval, Darin M. LaHood and Edward D. Maloney)

Last Action
DateChamber Action
  6/11/2012HousePublic Act . . . . . . . . . 97-0686

Statutes Amended In Order of Appearance
720 ILCS 5/Art. 33G heading new
720 ILCS 5/33G-1 new
720 ILCS 5/33G-2 new
720 ILCS 5/33G-3 new
720 ILCS 5/33G-4 new
720 ILCS 5/33G-5 new
720 ILCS 5/33G-6 new
720 ILCS 5/33G-7 new
720 ILCS 5/33G-8 new
720 ILCS 5/33G-9 new
725 ILCS 5/108B-3from Ch. 38, par. 108B-3


Synopsis As Introduced
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. Amends the Code of Criminal Procedure of 1963. Permit the State's Attorney to apply to the chief judge of the circuit for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit a violation of the RICO Article of the Criminal Code of 1961. Effective immediately.

House Committee Amendment No. 2
Deletes reference to:
725 ILCS 5/108B-3

Replaces everything after the enacting clause. Reinserts the provisions of the bill. Eliminates from the definition of "enterprise" references to the State of Illinois, and any political subdivision, or any department, agency, or instrumentality thereof. Eliminates from the definition of "predicate activity" the offenses of solicitation, solicitation of murder, conspiracy, attempt, money laundering, extortion, threatening public officials, intimidation, and aggravated intimidation. Eliminates the amendatory changes to the Code of Criminal Procedure of 1963. Effective immediately.

 Judicial Note, House Committee Amendment No. 2 (Admin Office of the Illinois Courts)
 HB 1907 (H-AM 2) may have a minimal increase in judicial workloads. However, it is not anticipated that the bill would increase the number of judges needed in the State.

 Pension Note, House Committee Amendment No. 2 (Government Forecasting & Accountability)
 HB 1907 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

 Housing Affordability Impact Note, House Committee Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 State Debt Impact Note, House Committee Amendment No. 2 (Government Forecasting & Accountability)
 HB 1907 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Fiscal Note, House Committee Amendment No. 2 (Illinois State Police)
 There is no fiscal impact to the Illinois State Police.

 Land Conveyance Appraisal Note, House Committee Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in HB 1907 (H-AM 2) therefore, there are no appraisals to be filed.

 Balanced Budget Note, House Committee Amendment No. 2 (Office of Management and Budget)
 HB 1907 (H-AM 2) will cause a fiscal impact to the State. While the fiscal impact is undeterminable at this time, it is believed that the impact will not be substantial.

 State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1907 (H-AM 2) does not create a State mandate.

 Home Rule Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 HB 1907 (H-AM 2) does not pre-empt home rule authority.

 Correctional Note, House Committee Amendment No. 2 (Dept of Corrections)
 The estimated corrections/fiscal impact to the Department of Corrections is unknown.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the bill as amended but: (1) adds a definition of "labor organization" and definition of "operation or management"; (2) deletes from the definition of "predicate activity" criminal drug conspiracy and unlawful use of buildings to produce controlled substances; (3) in the definition of "predicate activity", provides that the production or possession of cannabis plants must involve more than 500 grams of any substance containing cannabis or involve more than 50 cannabis sativa plants; (4) eliminates various offenses from the definition of "predicate activity"; (5) provides that "pattern of predicate activity" means 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; (6) limits "predicate activity" to Class 2 or higher felonies that involve the various proscribed offenses and to acts under the laws of another jurisdiction for an offense that could be charged as a Class 2 or felony or higher in this State; (7) changes the definition of "enterprise"; (8) changes the offense to making it unlawful for any person, who intentionally participates in the operation or management of an enterprise, directly or indirectly, to: (A) knowingly do so, directly or indirectly, through a pattern of predicate activity; (B) knowingly cause another to violate the RICO Article; or (C) knowingly conspire to violate the RICO Article; (9) provides that 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 the RICO Law; (10) makes grammatical and technical changes in the bill; (11) provides that prior to any State's Attorney authorizing a criminal prosecution under the RICO Article, the State's Attorney shall adopt rules and procedures governing the investigation and prosecution of any offense enumerated in the RICO Article; (12) changes penalties for violations of the RICO Article; (13) provides that nothing in the RICO 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; (14) provides that 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 the RICO Article: (i) a labor organization; or (ii) 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; (15) provides that the RICO Article is repealed 5 years after it becomes law; (16) makes changes concerning the interpretation of the Law; and (17) provides that 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 the RICO Article. Effective immediately.

Actions 
DateChamber Action
  2/17/2011HouseFiled with the Clerk by Rep. Michael J. Zalewski
  2/17/2011HouseFirst Reading
  2/17/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/3/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  3/3/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
  3/7/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/8/2011HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/8/2011HouseAdded Co-Sponsor Rep. Anthony DeLuca
  3/8/2011HouseRemoved Co-Sponsor Rep. Anthony DeLuca
  3/8/2011HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  3/8/2011HouseAdded Chief Co-Sponsor Rep. Anthony DeLuca
  3/9/2011HouseAdded Chief Co-Sponsor Rep. Michael G. Connelly
  3/9/2011HouseHouse Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/9/2011HouseDo Pass as Amended / Standard Debate Judiciary I - Civil Law Committee; 006-005-000
  3/9/2011HousePlaced on Calendar 2nd Reading - Standard Debate
  3/9/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/10/2011HouseAdded Co-Sponsor Rep. Deborah Mell
  3/10/2011HouseHouse Committee Amendment No. 2 Fiscal Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 State Mandates Fiscal Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Balanced Budget Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Correctional Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Home Rule Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Housing Affordability Impact Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Judicial Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Land Conveyance Appraisal Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 Pension Note Requested as Amended by Rep. Annazette Collins
  3/10/2011HouseHouse Committee Amendment No. 2 State Debt Impact Note Requested as Amended by Rep. Annazette Collins
  3/14/2011HouseHouse Committee Amendment No. 2 Judicial Note Filed as Amended
  3/14/2011HouseHouse Committee Amendment No. 2 Pension Note Filed as Amended
  3/14/2011HouseHouse Committee Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  3/14/2011HouseHouse Committee Amendment No. 2 State Debt Impact Note Filed as Amended
  3/15/2011HouseHouse Committee Amendment No. 2 Fiscal Note Filed as Amended
  3/15/2011HouseHouse Committee Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  3/15/2011HouseHouse Committee Amendment No. 2 Balanced Budget Note Filed as Amended
  3/17/2011HouseHouse Committee Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  3/17/2011HouseHouse Committee Amendment No. 2 Home Rule Note Filed as Amended
  3/29/2011HouseSecond Reading - Standard Debate
  3/29/2011HouseHeld on Calendar Order of Second Reading - Standard Debate
  3/30/2011HouseSecond Reading - Standard Debate
  3/30/2011HouseHouse Committee Amendment No. 2 Correctional Note Not Required as Amended Rep. Michael J. Zalewski
  3/30/2011HouseMotion Prevailed 096-018-001
  3/30/2011HouseCorrectional Note Request is Inapplicable
  3/30/2011HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  3/30/2011HouseHouse Committee Amendment No. 2 Correctional Note Filed as Amended
  3/30/2011HouseAdded Co-Sponsor Rep. William Cunningham
  3/30/2011HouseAdded Co-Sponsor Rep. Susana A. Mendoza
  3/30/2011HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  3/31/2011HouseThird Reading - Standard Debate - Passed 090-023-000
  3/31/2011HouseAdded Chief Co-Sponsor Rep. Susana A. Mendoza
  3/31/2011HouseRemoved Co-Sponsor Rep. Susana A. Mendoza
  3/31/2011HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  3/31/2011HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  3/31/2011HouseAdded Co-Sponsor Rep. John D'Amico
  3/31/2011HouseAdded Co-Sponsor Rep. Ann Williams
  3/31/2011HouseRemove Chief Co-Sponsor Rep. Susana A. Mendoza
  4/6/2011SenateArrive in Senate
  4/6/2011SenatePlaced on Calendar Order of First Reading
  4/6/2011SenateChief Senate Sponsor Sen. Kwame Raoul
  4/7/2011SenateFirst Reading
  4/7/2011SenateReferred to Assignments
  4/11/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  5/3/2011SenateAlternate Chief Sponsor Changed to Sen. Antonio Muņoz
  5/4/2011SenateAssigned to Criminal Law
  5/11/2011SenatePostponed - Criminal Law; Subcommittee on Special Issues
  5/11/2011SenatePostponed - Criminal Law
  5/13/2011SenateRule 2-10 Committee Deadline Established As May 31, 2011
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  4/17/2012SenateRe-assigned to Executive
  4/26/2012SenatePostponed - Executive
  5/2/2012SenatePostponed - Executive
  5/4/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/9/2012SenateHeld in Executive
  5/16/2012SenatePostponed - Executive
  5/22/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Antonio Muņoz
  5/22/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/22/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/23/2012SenateSenate Committee Amendment No. 1 Adopted
  5/23/2012SenateDo Pass as Amended Executive; 013-000-002
  5/23/2012SenatePlaced on Calendar Order of 2nd Reading May 24, 2012
  5/24/2012SenateSecond Reading
  5/24/2012SenatePlaced on Calendar Order of 3rd Reading May 25, 2012
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Darin M. LaHood
  5/25/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Dan Kotowski
  5/25/2012SenateAdded as Alternate Chief Co-Sponsor Sen. John J. Millner
  5/25/2012SenateAdded as Alternate Co-Sponsor Sen. Edward D. Maloney
  5/25/2012SenateThird Reading - Passed; 046-001-006
  5/25/2012HouseArrived in House
  5/25/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/25/2012HouseAdded Chief Co-Sponsor Rep. Dena M. Carli
  5/25/2012HouseAdded Co-Sponsor Rep. Adam Brown
  5/25/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Michael J. Zalewski
  5/25/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/30/2012HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  5/31/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary II - Criminal Law Committee; 008-001-000
  5/31/2012HouseSenate Committee Amendment No. 1 House Concurs 093-018-001
  5/31/2012HousePassed Both Houses
  6/7/2012HouseSent to the Governor
  6/11/2012HouseGovernor Approved
  6/11/2012HouseEffective Date June 11, 2012
  6/11/2012HousePublic Act . . . . . . . . . 97-0686

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