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Public Act 096-0408


 

Public Act 0408 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0408
 
HB3885 Enrolled LRB096 11679 RLC 22329 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
Section 32-14 as follows:
 
    (720 ILCS 5/32-14 new)
    Sec. 32-14. Unlawful manipulation of a judicial sale.
    (a) A person commits the offense of unlawful manipulation
of a judicial sale when he or she knowingly and by any means
makes any contract with or engages in any combination or
conspiracy with any other person who is, or but for a prior
agreement is, a competitor of such person for the purpose of or
with the effect of fixing, controlling, limiting, or otherwise
manipulating (1) the participation of any person in, or (2) the
making of bids, at any judicial sale.
    (b) Penalties. Unlawful manipulation of a judicial sale is
a Class 3 felony. A mandatory fine shall be imposed for a
violation, not to exceed $1,000,000 if the violator is a
corporation, or, if the violator is any other person, $100,000.
A second or subsequent violation is a Class 2 felony.
    (c) Injunctive and other relief. The State's Attorney shall
bring suit in the circuit court to prevent and restrain
violations of subsection (a). In such a proceeding, the court
shall determine whether a violation has been committed, and
shall enter such judgment as it considers necessary to remove
the effects of any violation which it finds, and to prevent
such violation from continuing or from being renewed in the
future. The court, in its discretion, may exercise all powers
necessary for this purpose, including, but not limited to,
injunction and divestiture of property.
    (d) Private right of action. Any person who has been
injured by a violation of subsection (a) may maintain an action
in the Circuit Court for damages, or for an injunction, or
both, against any person who has committed such violation. If,
in an action for an injunction, the court issues an injunction,
the plaintiff shall be awarded costs and reasonable attorney's
fees. In an action for damages, the person injured shall be
awarded 3 times the amount of actual damages. This State,
counties, municipalities, townships, and any political
subdivision organized under the authority of this State, and
the United States, are considered a person having standing to
bring an action under this subsection. Any action for damages
under this subsection is forever barred unless commenced within
4 years after the cause of action accrued. In any action for
damages under this subsection, the court may, in its
discretion, award reasonable fees to the prevailing defendant
upon a finding that the plaintiff acted in bad faith,
vexatiously, wantonly, or for oppressive reasons.
    (e) Exclusion from subsequent judicial sales. Any person
convicted of a violation of subsection (a) or any similar
offense of any state or the United States shall be barred for 5
years from the date of conviction from participating as a
bidding entity in any judicial sale. No corporation shall be
barred from participating in a judicial sale as a result of a
conviction under subsection (a) of any employee or agent of
such corporation if the employee so convicted is no longer
employed by the corporation and: (1) it has been finally
adjudicated not guilty or (2) it demonstrates to the circuit
court conducting such judicial sale and the court so finds that
the commission of the offense was neither authorized,
requested, commanded, nor performed by a director, officer or a
high managerial agent in behalf of the corporation as provided
in paragraph (2) of subsection (a) of Section 5-4 of this Code.
    (f) Definitions. As used in this Section, unless the
context otherwise requires:
        "Judicial sale" means any sale of real or personal
    property in accordance with a court order, including, but
    not limited to, judicial sales conducted pursuant to
    Section 15-1507 of the Code of Civil Procedure, sales
    ordered to satisfy judgments under Article XII of the Code
    of Civil Procedure, and enforcements of delinquent
    property taxes under Article XXI of the Property Tax Code.
        "Person" means any natural person, or any corporation,
    partnership, or association of persons.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2009