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2004 SESSION
HB 1123 Racketeer Influenced and Corrupt Organization (RICO) Act; created.
Introduced by: Robert F. McDonnell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Racketeer Influenced and Corrupt Organization (RICO) Act. Creates a RICO act for Virginia under which various violations of the criminal law become racketeering. The Attorney General is authorized to conduct criminal prosecutions of RICO with the concurrence of the local attorney for the Commonwealth. Racketeering activity is defined as committing, attempting or conspiring to commit, or soliciting, coercing or intimidating another person to commit two or more offenses involving: gang crimes, terrorism, obstruction of justice, waste management, murder, voluntary manslaughter, kidnapping, certain woundings, robbery, arson, burglary, grand larceny, embezzlement, forgery, obtaining money by false pretenses, false statements to obtain property or credit, credit card offenses, money laundering, drug offenses, certain firearm offenses, illegal gambling, prostitution, abuse and neglect of incapacitated adults, producing child pornography, unlawful paramilitary activity, perjury, bribery, government fraud, Medicaid applications or possession of unstamped cigarettes. Using or investing an aggregate of $10,000 or more of racketeering proceeds to acquire real property or to establish a criminal enterprise is a felony punishable by five-40 years of confinement and a fine of not more than $1 million for a first offense and a Class 2 felony and a fine of not more than $2 million for a second or subsequent offense. Money transmission of proceeds from a racketeering activity is a Class 6 felony. The sale, purchase, transport, receipt or possession of 3,000 or more packages of unstamped cigarettes for the purposes of evading taxes is a Class 6 felony. Subpoena duces tecum provisions are amended to include money transmitters and commercial businesses providing credit histories and reports. The bill contains venue and forfeiture provisions. This bill is identical to SB 320.
FULL TEXT
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 041252104 pdf | impact statement
- 02/14/04 House: Committee substitute printed 040968404-H1 pdf | impact statement
- 03/15/04 House: Bill text as passed House and Senate (HB1123ER) pdf | impact statement
- 04/21/04 House: Reenrolled bill text (HB1123ER2) pdf
- 04/26/04 Governor: Acts of Assembly Chapter text (CHAP0996) pdf
AMENDMENTS
HISTORY
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 041252104
- 01/14/04 House: Referred to Committee for Courts of Justice
- 02/13/04 House: Reported from C. J. with substitute (20-Y 0-N)
- 02/14/04 House: Committee substitute printed 040968404-H1
- 02/14/04 House: Read first time
- 02/16/04 House: Read second time
- 02/16/04 House: Committee substitute agreed to 040968404-H1
- 02/16/04 House: Engrossed by House - committee substitute HB1123H1
- 02/17/04 House: Read third time and passed House (99-Y 0-N)
- 02/17/04 House: VOTE: PASSAGE (99-Y 0-N)
- 02/17/04 House: Communicated to Senate
- 02/18/04 Senate: Constitutional reading dispensed
- 02/18/04 Senate: Referred to Committee for Courts of Justice
- 02/23/04 Senate: Reported from Courts of Justice w/amd (14-Y 1-N)
- 02/24/04 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/24/04 Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
- 02/25/04 Senate: Read third time
- 02/25/04 Senate: Reading of amendment waived
- 02/25/04 Senate: Committee amendment agreed to
- 02/25/04 Senate: Engrossed by Senate as amended
- 02/25/04 Senate: Passed Senate with amendment (40-Y 0-N)
- 02/25/04 Senate: VOTE: PASSAGE (40-Y 0-N)
- 02/26/04 House: Placed on Calendar
- 02/27/04 House: Senate amendment agreed to by House (98-Y 1-N)
- 02/27/04 House: VOTE: ADOPTION (98-Y 1-N)
- 03/15/04 House: Bill text as passed House and Senate (HB1123ER)
- 03/15/04 House: Enrolled
- 03/17/04 House: Signed by Speaker
- 03/17/04 Senate: Signed by President
- 04/15/04 House: Governor's recommendation received by House
- 04/20/04 House: Placed on Calendar
- 04/21/04 House: House concurred in Gov's recommendation (100-Y 0-N)
- 04/21/04 House: VOTE: ADOPTION (100-Y 0-N)
- 04/21/04 Senate: Senate concurred in Gov's recommendation (40-Y 0-N)
- 04/21/04 Senate: VOTE: ADOPT GOV. RECOMM. (40-Y 0-N)
- 04/21/04 Governor: Governor's recommendation adopted
- 04/21/04 House: Reenrolled
- 04/21/04 House: Signed by Speaker as reenrolled
- 04/21/04 Senate: Signed by President as reenrolled
- 04/21/04 House: Enacted, Chapter 996 (effective 7/1/04)
- 04/21/04 House: Reenrolled bill text (HB1123ER2)
- 04/26/04 Governor: Acts of Assembly Chapter text (CHAP0996)