Criminal Law - Maryland RICO (Racketeer Influenced and Corrupt Organizations) Act
Impact
The bill proposes significant changes to how racketeering is addressed within the state, particularly by enhancing the state's capacity to forfeit assets connected to criminal activities categorized as racketeering. Under this law, property involved in racketeering can be seized without a warrant under certain circumstances, and a clear process for handling such forfeiture is outlined. This shift aims to underscore the seriousness with which the state is treating organized crime and related illicit enterprises, potentially leading to a more aggressive posture in combating organized crime and protecting communities from its impacts.
Summary
Senate Bill 606 aims to establish a comprehensive framework for dealing with racketeering activities in Maryland by introducing the Maryland RICO (Racketeer Influenced and Corrupt Organizations) Act. This legislation delineates procedures for the state to engage in civil actions against individuals involved in racketeering, allowing for both injunctive relief and damages in cases of identified patterns of racketeering activity. The bill sets a statute of limitations of five years for civil actions related to such activities, thereby strengthening the legal mechanisms available to the state and private individuals affected by racketeering.
Contention
Notably, the bill contemplates the protection of innocent parties by including provisions that prevent the forfeiture of property used as a principal family residence unless specific criminal accountability criteria are met. Proponents argue that this bill is essential for modernizing the state’s approach to organized crime, while critics may voice concerns regarding the potential for overreach and the implications for property owners who might unintentionally be caught in legal proceedings due to association with suspected racketeering activities. There is also skepticism surrounding the effectiveness of the measures in truly dismantling entrenched criminal networks.
Creating the crime of organized retail crime, providing criminal penalties for violation thereof, increasing the criminal penalties for theft of certain property, including organized retail crime in the definition of racketeering activity under the Kansas racketeer influenced and corrupt organization act and authorizing the attorney general to prosecute crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.
Senate Substitute for HB 2144 by Committee on Judiciary - Creating the crimes of encouraging suicide and organized retail crime, providing criminal penalties for violation thereof, including organized retail crime in the definition of racketeering activity under the Kansas racketeer influenced and corrupt organization act and authorizing the attorney general to prosecute specified crimes that are part of an alleged course of criminal conduct that occurred in two or more counties.