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| Public Act 096-0408 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by adding | ||||
Section 32-14 as follows: | ||||
(720 ILCS 5/32-14 new) | ||||
Sec. 32-14. Unlawful manipulation of a judicial sale. | ||||
(a) A person commits the offense of unlawful manipulation | ||||
of a judicial sale when he or she knowingly and by any means | ||||
makes any contract with or engages in any combination or | ||||
conspiracy with any other person who is, or but for a prior | ||||
agreement is, a competitor of such person for the purpose of or | ||||
with the effect of fixing, controlling, limiting, or otherwise | ||||
manipulating (1) the participation of any person in, or (2) the | ||||
making of bids, at any judicial sale. | ||||
(b) Penalties. Unlawful manipulation of a judicial sale is | ||||
a Class 3 felony. A mandatory fine shall be imposed for a | ||||
violation, not to exceed $1,000,000 if the violator is a | ||||
corporation, or, if the violator is any other person, $100,000. | ||||
A second or subsequent violation is a Class 2 felony. | ||||
(c) Injunctive and other relief. The State's Attorney shall | ||||
bring suit in the circuit court to prevent and restrain | ||||
violations of subsection (a). In such a proceeding, the court | ||||
shall determine whether a violation has been committed, and | ||
shall enter such judgment as it considers necessary to remove | ||
the effects of any violation which it finds, and to prevent | ||
such violation from continuing or from being renewed in the | ||
future. The court, in its discretion, may exercise all powers | ||
necessary for this purpose, including, but not limited to, | ||
injunction and divestiture of property. | ||
(d) Private right of action. Any person who has been | ||
injured by a violation of subsection (a) may maintain an action | ||
in the Circuit Court for damages, or for an injunction, or | ||
both, against any person who has committed such violation. If, | ||
in an action for an injunction, the court issues an injunction, | ||
the plaintiff shall be awarded costs and reasonable attorney's | ||
fees. In an action for damages, the person injured shall be | ||
awarded 3 times the amount of actual damages. This State, | ||
counties, municipalities, townships, and any political | ||
subdivision organized under the authority of this State, and | ||
the United States, are considered a person having standing to | ||
bring an action under this subsection.
Any action for damages | ||
under this subsection is forever barred unless commenced within | ||
4 years after the cause of action accrued. In any action for | ||
damages under this subsection, the court may, in its | ||
discretion, award reasonable fees to the prevailing defendant | ||
upon a finding that the plaintiff acted in bad faith, | ||
vexatiously, wantonly, or for oppressive reasons. | ||
(e) Exclusion from subsequent judicial sales. Any person | ||
convicted of a violation of subsection (a) or any similar | ||
offense of any state or the United States shall be barred for 5 | ||
years from the date of conviction from participating as a | ||
bidding entity in any judicial sale. No corporation shall be | ||
barred from participating in a judicial sale as a result of a | ||
conviction under subsection (a) of any employee or agent of | ||
such corporation if the employee so convicted is no longer | ||
employed by the corporation and: (1) it has been finally | ||
adjudicated not guilty or (2) it demonstrates to the circuit | ||
court conducting such judicial sale and the court so finds that | ||
the commission of the offense was neither authorized, | ||
requested, commanded, nor performed by a director, officer or a | ||
high managerial agent in behalf of the corporation as provided | ||
in paragraph (2) of subsection (a) of Section 5-4 of this Code. | ||
(f) Definitions. As used in this Section, unless the | ||
context otherwise requires: | ||
"Judicial sale" means any sale of real or personal | ||
property in accordance with a court order, including, but | ||
not limited to, judicial sales conducted pursuant to | ||
Section 15-1507 of the Code of Civil Procedure, sales | ||
ordered to satisfy judgments under Article XII of the Code | ||
of Civil Procedure, and enforcements of delinquent | ||
property taxes under Article XXI of the Property Tax Code. | ||
"Person" means any natural person, or any corporation, | ||
partnership, or association of persons.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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