Bill Text: IL HB4078 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 13-5)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0597 [HB4078 Detail]

Download: Illinois-2009-HB4078-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Elected Officials Misconduct Forfeiture Act.
Section 5. Definitions. For the purposes of this Act,
"elected official" means any former elected official whose term
of office is terminated by operation of law for conviction of
an offense, who is removed from office on conviction of
impeachment for misconduct in office, or who resigned from
office prior, upon, or after conviction; and "proceeds" means
any interest in property of any kind acquired through or caused
by an act or omission, or derived from the act or omission,
directly or indirectly, and any fruits of this interest, in
whatever form.
Section 10. Purposes. The General Assembly finds that it
has compelling governmental interests in: (1) preventing
criminals from profiting from their crimes, and (2) ensuring
that the victims of crime are compensated by those who harm
them. Further, the General Assembly finds that the unlawful or
deceitful actions of elected officials can erode the public's
confidence in its government and debase the public's belief in

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a fair democratic process.
Section 15. Forfeiture action. 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 Article 33 of the Criminal Code of 1961 or
violation of a similar federal offense, injured the people of
Illinois. 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 Article 33 of the
Criminal Code of 1961 or similar federal offenses.
Section 20. Procedure.
(a) The circuit court has jurisdiction to prevent,
restrain, and remedy violations of Article 33 of the Criminal
Code of 1961 or violations of a similar federal offense after a
hearing or trial, as appropriate, by issuing appropriate
orders. Prior to a determination of liability such orders may
include, but are not limited to, issuing seizure warrants,
entering findings of probable cause for in personam or in rem
forfeiture, or taking such other actions, in connection with
any property or other interest subject to forfeiture or other
remedies or restraints pursuant to this Section as the court
deems proper.
(b) If the Attorney General prevails in his or her action,
the court shall order the forfeiture of all proceeds traceable

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to the elected official's violations of Article 33 of the
Criminal Code of 1961 or similar federal offenses. Proceeds
seized and forfeited as a result of the Attorney General's
action will be deposited into the General Revenue Fund or the
corporate county fund, as appropriate.
Section 25. Term of forfeiture. The maximum term of a civil
forfeiture under this Act shall be equal to the term of
imprisonment, probation and mandatory supervised release or
parole received by the elected official as a result of his or
her conviction for violating Article 33 of the Criminal Code of
1961 or similar federal offenses.
Section 99. Effective date. This Act takes effect upon
becoming law.