RICO bill heads to House
Friday, May 25, 2012 - Posted by Rich Miller
* From a press release…
Munoz passes Illinois “RICO” legislation
Springfield, Illinois —State Senator Tony Munoz (D-Chicago) is sponsoring legislation that was brought to him by the Cook County State’s Attorney that will help in the prosecution of criminal gang activity.
“By passing this legislation, we are giving the State’s Attorney’s Office the ability to go after people who are using others to carry out illegal activities,” said Senator Munoz, a member of the Senate Executive Committee. “This measure closes a loophole in the law that currently does not allow for the prosecution of a person who dictates violence.”
House Bill 1907 creates the Illinois Street Gang and Racketeer Influenced and Corrupt Organization Law, an Illinois-focused version of the federal Racketeering Influenced and Corrupt Organizations (“RICO”) Act.
This amendment gives prosecutors a tool to target criminal enterprises and specifically target the organizers and leaders by proving that these individuals have engaged in a pattern of criminal activity.
“From my years on the force, I can tell you first hand that is how common it is for gang leaders to shield themselves by seeking out younger recruits to carry out their illegal schemes. The expectation is that these at-risk youth will avoid harsher penalties that are applicable to adults, especially those with criminal records,” stated Alfonza Wysinger, a First Deputy Superintendent of the Chicago Police Department.
This measure has passed the Senate and now goes to the House of Representatives for concurrence.
* Mayor Emanuel has weighed in as well…
I commend the Illinois State Senate on the passage of House Bill 1907 - a critical tool that will give local law enforcement the power to prosecute gang leaders for crimes that they ordered others to commit. I’d like to thank State Senator Tony Munoz, State Representative Mike Zalewski and State’s Attorney Anita Alvarez for their leadership on this important legislation that will close loopholes that have allowed violent gang leaders to escape punishment for their crimes. If someone wants to be part of a gang, we will hold them responsible for the actions of the entire gang. This law sends a clear message: the streets of Chicago belong to the law-abiding residents of Chicago. I urge the House to act swiftly in concurring with the Senate.
* I’m just wondering how long it’ll be before a new RICO law is expanded to include other stuff. This sounds good on paper, but criminal laws are always toughened and expanded every year. Plus, there are 102 state’s attorneys in Illinois of varying degrees of competence and partisanship.
Breaking up street gangs is a great thing. Don’t get me wrong. I’m all for it. But will this stay so narrow in the future?
The proposal is here.
- Michael J. Zalewski - Friday, May 25, 12 @ 2:26 pm:
Rich,
The bill that passed the Senate today is a targeted, narrow approach designed to reduce the incidences of gang violence by updating our criminal code, allowing law enforcement to connect various offense to the upper tiers of street gang leadership. The Cook County State’s Attorney’s Office, City of Chicago, and legislative staff worked hard to address concerns and craft legislation that earned bipartisan support, first in the House and, now, in the Senate to address reasonable concerns brought to our attention over the last few months. As the House sponsor, I will work diligently to explain the breadth and purpose of the legislation to my colleagues in the House.
- Rich Miller - Friday, May 25, 12 @ 2:27 pm:
===a targeted, narrow approach===
Yes. It is. Today. I’m talking about the future here.
- Hon. John Fritchey - Friday, May 25, 12 @ 2:30 pm:
Z, you and Rich are both right. I know you well enough to know your sincerity on this issue but remember that once the foundation is laid, it becomes easier for others whose intentions aren’t as good to build upon it.
This is one that’s going to need to be watched down the road. It could easily be turned from a scalpel into a mallet.
- Yellow Dog Democrat - Friday, May 25, 12 @ 2:31 pm:
Yeah, I’m guessing the first thing they’ll do is remove the exemptions that prevent this law from being applied to labor unions.
That said, Rich, its worth noting that despite the title, there’s nothing in the bill that says it can only be applied to street gangs. It can be applied readily to any organized criminal activity.
- Honestly - Friday, May 25, 12 @ 2:37 pm:
It should be expanded to include the daisy chain of Governor Quinn’s office and his agencies like CMS, IDOT, and DCEO.
- Michelle Flaherty - Friday, May 25, 12 @ 2:45 pm:
That was one of Senator Munoz’s best speeches of the session.
- mark walker - Friday, May 25, 12 @ 4:14 pm:
Rich and Fritchey are right to be concerned.
The Feds have way overrun the original goals for the RICO statutes, which were designed to target the then traditional organized crime families. It has been used in corporate crimes, political corruption cases, bank robberies, fraud, and just about any time two people get together to allegedly conspire.
The evolved Federal RICO prosecutorial activities have continued to frighten me as an American. I had hoped we would one day see the errors of our ways and rein them back to better boundaries.
Instead we establish a new RICO law in the state, which might be narrow now, but could naturally expand out of control. It’s so attractive for States Attorneys and Legislators to continually push boundaries, to be seen as tough on crime. It’s so hard and rare for politicians to move in the other direction.
- wordslinger - Friday, May 25, 12 @ 4:14 pm:
I didn’t know that a state RICO proposal was even out there. For state’s attorneys in Illinois? That’s different and very interesting.
No federale even touched RICO for about ten years after passage until they went after the Hells Angels. Then came the Mafia.
Later, it was applied to politicians, Wall Street and LaSalle street types and the Catholic Church pedophiles and enablers.
I imagine this might get a longer look before it’s passed.
- Excessively Rabid - Friday, May 25, 12 @ 6:02 pm:
Sounds to me like it could apply to the GA./snark
- 1776 - Friday, May 25, 12 @ 8:50 pm:
You may notice that the IMA quietly got an exemption included for manufacturing companies. Very smart.
- 1776 - Friday, May 25, 12 @ 8:50 pm:
As did organized labor.