HB 587

Under present law, i t is an offense for a person : (1) E mployed by, or associated with, an enterprise to knowingly conduct or participate in the enterprise through a pattern of racketeering activity ; ( 2 ) T hrough a pattern of racketeering activity, to acquire or maintain, directly or indirectly, an interest in or control of an enterprise of real or personal property ; or (3) Who has received proceeds derived from a pattern of racketeering activity to use or invest any part of those proceeds in the acquisition of any interest in real or personal property or in the establishment or operation of an enterprise. A conviction under (1) – (3) is punish able as a Class B felony, unless the conviction is based upon a pattern of racketeering activity that involved a ho micide, in which case the conviction must be punished as a Class A felony. A person so convicted must be fined not more than $250,000 and must be punished as a Range II offender ; however, the sentence imposed upon such person may, if appropriate, be withi n Range III but in no case may it be lower than Range II. In lieu of a fine otherwise authorized by law, any person convicted of an offense described in (1) – (3) , through which pecuniary value is derived, or by which personal injury or property damage o r other loss is caused, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incu r red. This bill expands the definition of "racketeering activity"" to include commit ting, attempt ing to commit, conspir ing to commit, or aid ing, attempt ing to aid, solicit ing, coerc ing, facilitat ing, or intimidat ing another person to commit : (A) Organiz ed retail crime; ( B ) Possession or employment of a firearm or antique firearm during the commission of or attempt to commit a dangerous felony ; or (C) A burglary offense relating to carjacking."