Signed by Governor Pat Quinn

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that expands street gang and racketeer influenced and corrupt organizations (RICO) law in Illinois.

Highlights:

• Prohibits any individual from knowingly participating in, causing another individual to participate in, or conspiring to participate in the operation or management of an “enterprise” through a pattern of “predicate activity” (Sec. 5). 

• Defines “predicate activity” as any act that is a Class 2 felony or higher and is a violation of one of the following statutes (Sec. 5): 
• The Criminal Code of 1961;
• The Cannabis Control Act;
• The Illinois Controlled Substances Act; or
• The Methamphetamine Control and Community Protection Act.

• Defines “enterprise” as any partnership, corporation, association, business, charitable trust, or any other group of individuals associated in fact although not officially a legal entity (Sec. 5).  

• Prohibits an individual from knowingly acquiring or maintaining, through a pattern of predicate activity any ownership or interest in an enterprise, real property or personal property (Sec. 5).

• Specifies that individuals may be prosecuted for violating or conspiring to violate the provisions of this bill (Sec. 5).

• Classifies a violation of the provisions of this bill as a Class X felony punishable by the following (Sec. 5):
• A fine of up to $250,000 or twice the gross amount of estimated earnings from the violation, whichever is greater; and
• A prison term of 7 to 30 years or a sentence applicable to the predicate activity, whichever is longer.

• Specifies that if an individual in the process of violating the provisions of this bill causes the unlawful death of another individual then he or she will be sentenced to a minimum of 25 years in prison in addition to any other penalties imposed by the court (Sec. 5).

• Specifies that this bill will be repealed 5 years after it becomes law (Sec. 5).

Full Bill Text