Public Corruption Forfeiture Legislation Passes Senate Committee

Kotowski Continues his Efforts to Crackdown on Public Corruption

SPRINGFIELD—State Senator Dan Kotowski (D-Park Ridge) has re-introduced legislation that will impose much stiffer penalties on elected officials who are convicted of public corruption.

Senate Bill 2551 creates the Public Corruption Profit Forfeiture Act. When this bill becomes a law, any elected official who is convicted of public corruption will forfeit any and all profit derived from the corrupt activity to Illinois law enforcement agencies. Under this proposal,corrupt officials will also be required to forfeit their campaign funds to the state. Kotowski introduced a similar proposal last year.

“We need to send a message, once and for all, that the people of Illinois will not tolerate corrupt public officials,” Kotowski said. “People should be able to trust their elected representatives, and anyone who abuses that sacred trust should have to suffer the consequences.”

If Senate Bill 2551 is signed into law, it will be the first statute of its kind in the United States. Though some other states have financial penalties for public corruption, none of them go as far as Senator Kotowski’s proposal. For example, in some states, officials who accept bribes are fined twice the value of the bribe. Under Kotowski’s measure, they would forfeit all profits they gained as a result of corrupt activity. The proposed law addresses systemic corruption, not just single breaches of the public trust.

This legislation is modeled on a successful existing law—the Narcotics Profit Forfeiture Act. The narcotics act requires drug dealers to forfeit all the profits they made from selling drugs. Kotowski’s proposal requires corrupt officials to forfeit all the profits they made from selling influence.

“We need to do everything in our power to put an end to political corruption,” Kotowski said. “The people of Illinois deserve the cleanest, most effective government possible. This law will take us in that direction.”

The proposal has passed the Senate Criminal Law Committee and now will be considered by the full Senate.