SB 474 - This act makes it illegal to use income received from a pattern of racketeering activity to acquire any interest in, or establish or operate any enterprise. If half a defendant's income over a period of two or more years preceding the investment was derived from a pattern of racketeering activity, a rebuttable presumption arises that the investment at issue included income derived from racketeering activity. No person shall acquire or maintain an interest in any enterprise through a pattern of racketeering activity. No employee or associate of an enterprise shall participate in the enterprise's affairs through a pattern of racketeering activity. Violation of these provisions is a Class C felony.

Circuit courts have the power, after hearing, to order divestiture of interests, restrain future activities relating to the enterprise, and provide for the rights of innocent parties, including ordering the dissolution of the enterprise. A conviction shall estop a person from denying the allegations of the criminal offense in any subsequent civil proceeding.

The attorney general shall have the power to enforce these provisions, including investigatory powers, and shall have concurrent authority with prosecuting attorneys to institute criminal actions. This shall not limit any regulatory authority of state agencies or departments. The attorney general may serve a civil investigative demand for production of documents upon a person or enterprise, with certain limitations. Documents not retained by a court or grand jury shall be returned at the close of the investigation.

Conspiracy to commit any offense against the state, or to defraud the state, or any agency, is a Class C felony. Is the offense is a misdemeanor, the punishment for conspiracy shall not exceed the maximum punishment for the misdemeanor.

Conspiracy to prevent any person from accepting or holding any office of the state or from discharging duties of such office shall be a Class C felony.
JOAN GUMMELS