Bill Status of HB 4078   96th General Assembly

Short Description:  CRIM CD-FORFEIT BOOK PROFIT

House Sponsors
Rep. Jack D. Franks-Susana A. Mendoza-Paul D. Froehlich-Sidney H. Mathias-Fred Crespo, William B. Black, Elizabeth Coulson, Darlene J. Senger, Mike Fortner, Kay Hatcher, Sandra M. Pihos, Ronald A. Wait, Bob Biggins, Dennis M. Reboletti, Michael G. Connelly, Randy Ramey, Jr., Franco Coladipietro and Keith Farnham

Senate Sponsors
(Sen. Terry Link-Pamela J. Althoff, Bill Brady-Jeffrey M. Schoenberg-Dan Kotowski, Michael Bond and A. J. Wilhelmi)


Last Action  View All Actions

DateChamber Action
  8/18/2009HousePublic Act . . . . . . . . . 96-0597

Statutes Amended In Order of Appearance
720 ILCS 5/33-8 new
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3

Synopsis As Introduced
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.

House Floor Amendment No. 1
Deletes reference to:
720 ILCS 5/33-8 new
730 ILCS 5/3-3-7
730 ILCS 5/5-6-3
Adds reference to:
New Act

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.

House Floor Amendment No. 2
Deletes reference to:
720 ILCS 5/33-8 new
730 ILCS 5/3-3-7
730 ILCS 5/5-6-3
Adds reference to:
New Act

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 all proceeds traceable to the elected official's offense and by so doing, prevent, restrain or remedy violations of the Official Misconduct Article of the Criminal Code of 1961 or similar federal offenses. Effective immediately.

Actions 
DateChamber Action
  2/27/2009HouseFiled with the Clerk by Rep. Jack D. Franks
  2/27/2009HouseFirst Reading
  2/27/2009HouseReferred to Rules Committee
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Fred Crespo
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Susana A. Mendoza
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  3/3/2009HouseChief Co-Sponsor Changed to Rep. Susana A. Mendoza
  3/3/2009HouseChief Co-Sponsor Changed to Rep. Sidney H. Mathias
  3/4/2009HouseAssigned to State Government Administration Committee
  3/11/2009HouseDo Pass / Short Debate State Government Administration Committee; 017-000-000
  3/12/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2009HouseSecond Reading - Short Debate
  3/26/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/30/2009HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jack D. Franks
  3/30/2009HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/31/2009HouseRecalled to Second Reading - Short Debate
  3/31/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  4/1/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
  4/1/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/1/2009HouseHouse Floor Amendment No. 1 Rules Refers to State Government Administration Committee
  4/1/2009HouseHouse Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee; 017-000-000
  4/2/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  4/3/2009HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/3/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/3/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2009HouseAdded Co-Sponsor Rep. William B. Black
  4/3/2009HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  4/3/2009HouseAdded Co-Sponsor Rep. Darlene J. Senger
  4/3/2009HouseAdded Co-Sponsor Rep. Mike Fortner
  4/3/2009HouseAdded Co-Sponsor Rep. Kay Hatcher
  4/3/2009HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  4/3/2009HouseAdded Co-Sponsor Rep. Ronald A. Wait
  4/3/2009HouseAdded Co-Sponsor Rep. Bob Biggins
  4/3/2009HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  4/3/2009HouseAdded Co-Sponsor Rep. Michael G. Connelly
  4/3/2009HouseAdded Co-Sponsor Rep. Randy Ramey, Jr.
  4/3/2009HouseAdded Co-Sponsor Rep. Franco Coladipietro
  4/3/2009HouseAdded Co-Sponsor Rep. Keith Farnham
  4/3/2009HouseThird Reading - Short Debate - Passed 112-002-001
  4/15/2009SenateArrive in Senate
  4/15/2009SenatePlaced on Calendar Order of First Reading
  4/15/2009SenateChief Senate Sponsor Sen. Terry Link
  4/15/2009SenateFirst Reading
  4/15/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Executive
  4/28/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  4/30/2009SenatePostponed - Executive
  5/7/2009SenateDo Pass Executive; 009-000-000
  5/7/2009SenatePlaced on Calendar Order of 2nd Reading May 12, 2009
  5/13/2009SenateSecond Reading
  5/13/2009SenatePlaced on Calendar Order of 3rd Reading May 14, 2009
  5/14/2009SenateAdded as Alternate Co-Sponsor Sen. Bill Brady
  5/15/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  5/21/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Dan Kotowski
  5/21/2009SenateAdded as Alternate Co-Sponsor Sen. Michael Bond
  5/21/2009SenateAdded as Alternate Co-Sponsor Sen. A. J. Wilhelmi
  5/21/2009SenateThird Reading - Passed; 059-000-000
  5/21/2009HousePassed Both Houses
  6/19/2009HouseSent to the Governor
  8/18/2009HouseGovernor Approved
  8/18/2009HouseEffective Date August 18, 2009
  8/18/2009HousePublic Act . . . . . . . . . 96-0597

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