Vote Smart's Synopsis:

Vote on a motion to adopt an "ought not to pass" report for a bill that prohibits racketeering of various scheduled drugs by certain organizations in Maine.

Highlights:

• Establishes the crime of racketeering and provides that an individual is guilty of racketeering if they (Sec. 1-3):

• Are employed by or associated with an enterprise and intentionally conduct or participate in the affairs of the enterprise by participating in a pattern of criminal activity; 

• Acquire or maintain 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.

• Specifies that individuals guilty of racketeering commit a Class A crime and a term of imprisonment of not more than 20 years or a fine of not more than  $1 million or both, may be imposed (Sec. 1-3).

• Specifies that individuals guilty of racketeering who received economic gain from the act or caused economic loss or personal injury during the act may be sentenced to pay a fine that is no greater than 3 times the gross economic value gained or 3 times the gross economic loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property forfeited (Sec. 1-3).

• Specifies upon conviction of racketeering, the court may order the individual 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 (Sec. 1-3).

• Requires the prosecuting authority must transfer real property ordered forfeited and suitable for residential use to the Maine State Housing Authority (Sec. ).

• Authorizes the prosecuting authority to institute civil proceedings in court seeking relief from conduct constituting a violation of the laws governing racketeering or to prevent or restrain future violations (Sec. 1-3).

• Prohibits foreign individuals from the following countries from owning or acquiring real estate property or any interest in real estate in the state of Maine unless they are a legal permanent residents of the United States, including (Sec. 1-3):

• China, including Hong Kong;

• Cuba;

• Iran;

• North Korea; or

• Russia.

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 4).

Full Bill Text