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Legislation Detail
CS/SB 70/a ADD RACKETEERING CRIMES
Sponsored By: Sen Craig Brandt

Actions: [2] SJC/SFC-SJC [11] DNP-CS/DP-SFC- DP/a [13] fl/a- PASSED/S (38-0) [14] HGEIC/HJC-HGEIC [16] DP-HJC [18] DP [19] PASSED/H (60-0) SGND BY GOV (Apr. 9) Ch.128.

Scheduled: Not Scheduled

Summary:
 Senate Bill 70 (SB 70) amends the Racketeering Act by adding certain crimes to the definition of “racketeering” in the Racketeering Act, adding a definition of “criminal gang”, and creates new crimes for criminal gang activity.    
Legislation Overview:
 Senate Bill 70 (SB 70) makes the following changes to the Racketeering Act (Act).
First, SB 70 amends the Act by adding 11 crimes to the definition of “racketeering”: sexual exploitation of children, criminal sexual penetration, criminal sexual contact, dog and cockfighting, escape from jail or penitentiary, assisting escape, bringing contraband into jail or prison, tampering with public records, impersonating a peace officer and human trafficking. 
Second, the bill amends the definition of “enterprise” to include persons, including criminal gangs.  Therefore, the Racketeering Act applies to gang activity. A “criminal gang” is defined as three or more persons having a common identifying sign, symbol or leadership, who associate in the commission of criminal activities. 
SB 70 then creates the third degree felony crime of soliciting or coercing another person (including a minor) into becoming or continuing as a member of an enterprise or participating in the racketeering activity of an enterprise. 
It also creates the first-degree felony crime for a person in a leadership position within an enterprise to finance, supervise, or conspire to commit racketeering activity.  A person who is convicted of either of these two new offenses forfeits certain property rights.  
Current Law:
 Current law does not provide that these 11 crimes can constitute racketeering activity.  The Racketeering Act also does not currently apply to criminal gang activity.  Current law does not have the crime of soliciting another into an enterprise or the crime of a person in leadership in an enterprise to finance, supervise or conspire to commit racketeering activity.  
Amendments:
 On March 4, 2025, the Senate Finance Committee amended SJC CS/SB 70 by removing the addition of cockfighting as a crime listed in the Racketeering Act.  
Committee Substitute:
 The Senate Judiciary Committee Substitute for SB 70 adds six (6) crimes to the definition of “racketeering”: sexual exploitation of children, criminal sexual penetration, criminal sexual contact, dog and cockfighting, bringing contraband into jail or prison, and human trafficking.