This bill establishes the crime of racketeering and provides that a person is guilty of racketeering if the person is employed by or associated with an enterprise and intentionally conducts or participates in the affairs of the enterprise by participating in a pattern of criminal activity; acquires or maintains an interest in or control of an enterprise, or an interest in real property, by participating in a pattern of criminal activity; or participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise or in real property. The bill defines "criminal act" as conduct constituting, or a conspiracy or attempt to commit, a violation punishable by imprisonment for one year or more of the criminal laws governing scheduled drugs. The definition of "criminal act" includes violations of the laws governing the aggravated trafficking of scheduled drugs that involve the making, creating or manufacturing of scheduled drugs. It is an affirmative defense to a prosecution for racketeering that the person engaged in racketeering because the person is a trafficked person. A person guilty of racketeering commits a Class A crime for which a term of imprisonment of not more than 20 years or a fine of not more than $1,000,000, or both, may be imposed. A person guilty of racketeering when at least one of the criminal acts in the pattern of criminal activity is aggravated trafficking of scheduled drugs involving the making, creating or manufacturing of scheduled drugs commits a Class A crime for which a term of imprisonment of not more than 30 years or a fine of not more
45 than $1,000,000, or both, may be imposed. In lieu of these fines, a person guilty of
46 racketeering who received economic gain from the act or caused economic loss or personal
47 injury during the act may be sentenced to pay a fine that is no greater than 3 times the gross
48 economic value gained or 3 times the gross economic loss caused, whichever is greater,
49 plus court costs and the costs of investigation and prosecution reasonably incurred, less the
50 value of any property forfeited. The bill provides that when a person is convicted of racketeering, the court may order the person to forfeit to the prosecuting authority any real or personal property that was used in the course of, intended for use in the course of, derived from or realized through conduct in violation of the racketeering laws. The prosecuting authority must transfer real property ordered forfeited and suitable for residential use to the Maine State Housing Authority. The proceeds of a sale or other disposition of forfeited property must be applied to the fees and costs of the forfeiture and sale and the balance must be transferred to the Maine State Housing Authority to be used by the authority to pay taxes, fees and liens associated with real property transferred to the authority as a result of forfeiture and to rehabilitate that real property into livable residential real property for resale. The bill provides that the prosecuting authority may institute civil proceedings in court seeking relief from conduct constituting a violation of the laws governing racketeering or to prevent or restrain future violations. The bill provides that when a prosecuting authority or law enforcement agency begins an investigation, files a charge or makes an arrest involving the laws governing racketeering, the prosecuting authority or law enforcement agency must notify the Department of the Attorney General. An office of a district attorney or a law enforcement agency is not required to obtain the permission of the Attorney General to conduct an investigation, file a charge or make an arrest. The Attorney General must notify all prosecuting authorities and law enforcement agencies that are conducting investigations, filing charges or making arrests involving the laws governing racketeering, the same actors and the same acts. The Attorney General must designate the prosecuting authority or law enforcement agency that first filed notice of an investigation involving the laws governing racketeering, the same actors and the same acts as the exclusive prosecuting authority or law enforcement agency for the matter under investigation if that prosecuting authority or law enforcement agency requests that designation. The bill requires a permit for the installation or upgrade of electrical service to a total of 400 amperes or more in a residential building. It also requires a transmission and distribution electric utility to generate a suspicious power use report and transmit that report to the Department of Public Safety, Maine State Police when: a 400 ampere or more total service is installed or an existing service is upgraded to a 400 ampere or more total service at a residential property, regardless of whether that installation or upgrade is a single 400 ampere or more panel or multiple smaller panels the sum of which is 400 amperes or more; a transformer malfunctions; a transformer larger than 25 kilovolt-amperes is installed or a transformer is upgraded to a transformer larger than 25 kilovolt-amperes for a residential customer; or there is a month-to-month increase in power consumption of greater than
500% for a residential customer. A transmission and distribution electric utility also is required to generate a list of 400 ampere or more total service installations and upgrades and malfunctioning transformers at residential properties since 2013 and submit this list to the Maine State Police in a manner specified by the Maine State Police. The bill provides that an alien, except an alien who is a legal permanent resident of the United States, who is a citizen of the People's Republic of China, including the Hong Kong Special Administrative Region; the Republic of Cuba; the Islamic Republic of Iran; the Democratic People's Republic of Korea; or the Russian Federation may not purchase or otherwise acquire real estate or any interest in real estate in this State.

Statutes affected:
Bill Text LD 2204, HP 1412: 33.451