This bill expands the activities considered to be racketeering activities under the RICO Act and revises other provisions of the Act, as follows:
(1) This bill clarifies that the Act is a means of punishing and deterring criminal activities of organized crime by prosecuting conduct that illegally furthers the interests of the criminal organization.
(2) This bill redefines "racketeering activity" for purposes of the Act. Under present law, “racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit an act for financial gain that is a criminal offense involving certain amounts of controlled substances, or involving aggravated sexual exploitation of a minor, especially aggravated sexual exploitation of a minor, or to commit, attempt to commit, conspire to commit, or to solicit, coerce, or intimidate another person to commit a criminal gang offense.
Under this bill, "racketeering activity" means to commit, attempt to commit, conspire to commit, or solicit, coerce, facilitate, or intimidate another person to commit a crime that is chargeable by warrant, indictment, information, or presentment as: an offense relating to criminal homicide; an offense relating to kidnapping and false imprisonment; an offense relating to robbery; an offense relating to burglary; an offense relating to criminal instruments; an offense relating to money laundering; an offense relating to weapons; assault; aggravated assault; reckless endangerment; domestic assault; violation of an order of protection or restraining order; aggravated rape; rape; aggravated sexual battery; promoting prostitution; continuous sexual abuse of a child; rape of a child; aggravated rape of a child; promoting travel for prostitution; theft of property; unauthorized use of automobiles and other vehicles; extortion; forgery; criminal simulation; illegal possession or fraudulent use of credit or debit card; worthless checks; identity theft; arson; aggravated arson; setting fire to personal property or land; criminal trespass; aggravated criminal trespass; trespass by motor vehicle; vandalism; bribery of a public servant; bribery of a witness; bribery of a juror; contraband in penal institutions; criminal impersonation; using a false identification; false reports; tampering with or fabricating evidence; coercion or persuasion of a witness; coercion of a juror; improper influence of a juror; retaliation for past action; threats of mass violence on school property or at school-related activity; obstruction of law enforcement; evading arrest; escape; introduction of implements for escape; perjury; aggravated perjury; subornation of perjury; stalking, aggravated stalking, or especially aggravated stalking; a drug offense relating to the manufacture, sale, delivery for sale, or possession with intent to manufacture, sell, or deliver for sale; simple possession or casual exchange; counterfeit controlled substances; unlawful drug paraphernalia; immediate methamphetamine precursor; promotion of methamphetamine manufacture; manufacture, delivery, sale, or possession of methamphetamines; initiation of methamphetamine manufacture process; controlled substance analogue; gambling; gambling promotion; aggravated gambling; sexual exploitation of a minor; aggravated sexual exploitation of a minor; or especially aggravated sexual exploitation of a minor. Also included is any conduct defined as "racketeering activity" under federal law.
(3) Under present law, it is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate, directly or indirectly, in the enterprise through a pattern of racketeering activity or the collection of any unlawful debt. This bill expands this provision to include reckless conduct, in addition to knowing conduct.
(4) This bill deletes the following present law provisions:
(A) The requirement that multiple and alternative violations of the Act must be alleged in multiple separate counts, with the factual basis for the alleged predicate acts set forth in each count;
(B) The provision whereby a person may only be convicted either of one criminal violation of the Act, including a conviction for conspiring to violate the Act, or for one or more of the predicate acts, but not both; and
(C) The requirement that, in order to convict a person or persons under the Act, based upon a conspiracy to violate the Act, the state must prove that there was a meeting of the minds between all co-conspirators to violate the Act and that an overt action in furtherance of the intention was committed.

Statutes affected:
Current Version: 39-12-202, 39-12-203, 39-12-204