1998 Legislation
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HOUSE BILL NO. 425 – Racketeering/prosecution cost/pymt

HOUSE BILL NO. 425

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Daily Data Tracking History



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

Bill Text


H0425

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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  by    the    a municipal, county or  state


                                          2

 1         government agency  to  be paid to  the  general  fund  of
 2        Idaho   the agency incurring the costs or expenses .

Statement of Purpose / Fiscal Impact








    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