Illinois General Assembly - Bill Status for HB4078

Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that a person who has been elected to any office in this State who is convicted of a felony or convicted of a misdemeanor involving a violation of his or her official oath of office shall, as a condition of his or her sentence, forfeit any monetary rights derived from any book, movie, television, radio program, or Internet depiction or detailing of the crime for which he or she was convicted. Provides that the order shall extend to the period in which the elected official is serving a sentence in a penal institution and any period of probation, parole, or mandatory supervised release.

Replaces everything after the enacting clause. Creates the Elected Officials Misconduct Forfeiture Act. Provides that the Attorney General may file an action in circuit court on behalf of the people of Illinois against an elected official who has, by his or her violation of the Official Misconduct Article of the Criminal Code of 1961 or violation of a similar federal offense, injured the people of Illinois. Provides that the purpose of such suit is to recover treble damages and the costs of the suit, including reasonable attorney's fees, or to prevent, restrain, or remedy violations of the Official Misconduct Article of the Criminal Code of 1961, or violations of similar federal offenses. Provides that if the elected official against whom a violation of the Official Misconduct Article of the Criminal Code of 1961 or federal claim has been asserted, including a forfeiture action or lien, prevails on that claim, the elected official may be awarded costs and reasonable attorney's fees incurred in defense of the claim. Provides for forfeiture of: (1)any property or interest in property acquired or maintained by an elected official in violation of the Official Misconduct Article of the Criminal Code of 1961 or similar federal offenses; (2)any interest in, security of, claims against or property, office, title, license, or contractual right of any kind affording a source of influence over any enterprise or other property which an elected official has acquired or maintained an interest in or control of, conducted or participated in the conduct of in violation of the Official Misconduct Article of the Criminal Code of 1961 or similar federal offenses; or (3)all proceeds traceable to an offense included in the Official Misconduct Article of the Criminal Code of 1961 or similar federal offenses, and all monies, negotiable instruments, securities and other property used or intended to be used in any manner or part to facilitate commission of the offense.

×