HB442 Alabama 2016 Session

This bill would create the Alabama RICO (Racketeer Influenced and Corrupt Organizations) Act to provide criminal penalties and other sanctions for those who engage in racketeering activity or patterns of racketeering activity

This bill would prohibit a person, through a pattern of racketeering activity or proceeds derived therefrom, from acquiring or maintaining, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money, and would prohibit a person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, an enterprise through a pattern of racketeering activity

This bill would allow courts to enjoin certain violations of the act to protect the rights of innocent persons and would provide that all property of every kind used or derived from a pattern of racketeering activity is subject to forfeiture

This bill would also provide for the enforcement of RICO judgments in other states

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to racketeering; to provide criminal penalties and other sanctions for those who engage in racketeering activity or patterns of racketeering activity; to provide for criminal and civil penalties; to authorize courts to enjoin certain racketeering activities; to provide for the forfeiture of property used or derived from a pattern of racketeering activity; to provide for the enforcement of RICO judgments in other states; to provide for the venue of criminal proceedings; to provide that the act does not create a private cause of action; and to create the Criminal Organized Activity/RICO Fund; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.