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H0425........................................................by MR. SPEAKER
Requested by: Department of Law Enforcement
RACKETEERING - Amends existing law to provide for entry of a court order
requiring that payment of the costs and expenses of prosecution and
investigation of a racketeering offense be paid directly to the municipal,
county or state government agency incurring the costs or expenses.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
01/22 Rpt out - rec d/p - to 2nd rdg
01/23 2nd rdg - to 3rd rdg
01/26 3rd rdg - PASSED - 68-0-2
AYES -- Alexander, Alltus, Barraclough, Barrett, Bell, Bieter,
Bivens, Black(15), Black(23), Boe, Bruneel, Callister, Campbell,
Chase, Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Trail, Watson, Wheeler, Wood, Zimmermann, Mr
Speaker
NAYS -- None
Absent and excused -- Jones(9), Tippets
Floor Sponsor - Ellsworth
Title apvd - to Senate
01/27 Senate intro - 1st rdg - to Jud
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 25-10-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Deide, Geddes, Ingram, Ipsen, Keough, King,
Lee, McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Sorensen,
Thorne, Twiggs, Wheeler
NAYS--Crow, Dunklin, Frasure, Hansen, Hawkins, Noh, Schroeder,
Stennett, Sweeney, Whitworth
Absent and excused--None
Floor Sponsor - Boatright
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 111
Effective: 07/01/98
H0425|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 425 BY MR. SPEAKER Requested by: Department of Law Enforcement 1 AN ACT 2 RELATING TO CIVIL REMEDIES FOR RACKETEERING; AMENDING SECTION 18-7805, IDAHO 3 CODE, TO PROVIDE FOR ENTRY OF A COURT ORDER REQUIRING PAYMENT OF THE COSTS 4 AND EXPENSES OF PROSECUTION AND INVESTIGATION OF A RACKETEERING OFFENSE 5 DIRECTLY TO THE MUNICIPAL, COUNTY OR STATE GOVERNMENT AGENCY INCURRING THE 6 COSTS OR EXPENSES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-7805, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-7805. RACKETEERING -- CIVIL REMEDIES. (a) A person who sustains injury 11 to his person, business or property by a pattern of racketeering activity may 12 file an action in the district court for the recovery of three (3) times the 13 actual damages proved and the cost of the suit, including reasonable 14 attorney's fees. 15 (b) The state, through the attorney general or the proper county prose- 16 cuting attorney, may file an action on behalf of those persons injured or to 17 prevent, restrain or remedy racketeering as defined by the racketeering act. 18 (c) The district court has jurisdiction to prevent, restrain and remedy 19 racketeering after making provisions for the rights of all innocent persons 20 affected by such violation and after hearing or trial, as appropriate, by 21 issuing appropriate orders. Prior to a determination of liability, such orders 22 may include, but are not limited to, entering restraining orders or prohibi- 23 tions or taking such other actions, including the acceptance of satisfactory 24 performance bonds, in connection with any property or other interest subject 25 to damages, forfeiture or other restraints pursuant to this section as it 26 deems proper. 27 (d) Following a determination of liability, such orders may include, but 28 are not limited to: 29 (1) Ordering any person to divest himself of any interest, direct or 30 indirect, in any enterprise; 31 (2) Imposing reasonable restrictions on the future activities or invest- 32 ments of any person; 33 (3) Ordering dissolution or reorganization of any enterprise; 34 (4) Ordering the payment of three (3) times the damages proved to those 35 persons injured by racketeering; 36 (5) Ordering the suspension or revocation of a license, permit or prior 37 approval granted to any enterprise by any agency of the state; 38 (6) Ordering the forfeiture of the charter of a corporation organized 39 under the laws of the state or the revocation of a certificate authorizing 40 a foreign corporation to conduct business within this state; and 41 (7) Ordering the payment of all costs and expenses of the prosecution and 42 investigation of any offense included in the definition of racketeering 43 incurred bythea municipal, county or state 2 1 government agency tobe paid to the general fund of2Idahothe agency incurring the costs or expenses .
STATEMENT OF PURPOSE
RS07310
The purpose of this bill is to amend Idaho Code Section 18-7805(d)(7) Racketeering Civil
remedies to allow for disbursement of assets seized under Section 18-7804 Prohibited activities
- Penalties, to the law enforcement agencies that investigated the crime(s).
As the statute reads now, assets revert to the state General Fund. RICO cases are typically
complex and time consuming to investigate and it is believed that allowing local law enforcement
agencies to seek reimbursement of costs incurred in investigating these cases is an equitable
use of forfeited assets. These claims would only be processed after the claims of victims and
other injured parties as per existing statute.
FISCAL IMPACT
As RICO prosecutions and convictions are rare, passage of this legislation should not have an
adverse effect on the General Fund. It will have a positive effect in reimbursing local and state
law enforcement agencies' actual costs for pursuing cases under the racketeering statutes.
CONTACT
Name: Ann Thompson, Special Assistant
Agency: Department of Law Enforcement
Phone: 884-7000
Statement of Purpose/Fiscal Impact
H 425