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Bill101th CongressFiled Feb 23, 1989Law
S. 438

RICO Reform Act of 1989

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What it doesSummary reported to senate with amendment(s) (Apr 24, 1990)

RICO Reform Act of 1989 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to include additional predicate offenses within the definition of "racketeering activity," such as prostitution involving minors, computer fraud, and certain activity relating to terrorist acts abroad and to exclude from such definition participation in, or support of, non-violent public speech undertaken for reasons other than economic or commercial gain.

Modifies civil remedies provisions of RICO to require U.S. district courts to find proof by a preponderance of the evidence before restraining violations.

Authorizes: (1) specified governmental entities whose business or property is injured or a department of insurance of a State that regulates distribution of funds through a guaranty fund for losses to such fund caused by the operation of an insurance entity in violation of RICO to recover threefold the actual damages to such business or property, plus costs; (2) persons whose business or property is injured by such conduct to recover actual damages, plus costs (and punitive damages of up to twice the actual damages where the plaintiff proves by clear and convincing evidence that the defendant's actions were consciously malicious, or so egregious and deliberate that malice may be implied); (3) such persons to recover threefold the actual damages if any defendant has been convicted of specified Federal or State offenses; and (4) natural persons who suffer serious bodily injury by reason of specified crimes of violence to recover actual damages to such person's business or property, damages sustained by such individual as allowed under State law (excluding pain and suffering), and costs (and, upon proof by clear and convincing evidence that defendant's actions were malicious, up to twice the actual damages). (Current law allows recovery of threefold the damages, plus costs, for persons whose business or property is injured.)

Sets forth: (1) statutes of limitation; and (2) procedures for considering affirmative defenses.

Permits international service of process. (Current law restricts such service to specified judicial districts within the United States.)

Provides for exclusive Federal jurisdiction to hear criminal or civil RICO proceedings.

What just happenedApr 24, 1990

Placed on Senate Legislative Calendar under General Orders. Calendar No. 517.

Who’s behind it

Sen. DeConcini, Dennis [D-AZ](D-AZ)Sponsor
3 cosponsors1 D2 R
Read on Congress.gov
3cosponsors1committees8actions18subjects
  1. Apr 24, 1990Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 517.

  2. Apr 24, 1990Committee

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 101-269. Additional and minority views filed.

    Judiciary Committee
  3. Apr 24, 1990Committee14000

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 101-269. Additional and minority views filed.

    Judiciary Committee
  4. Feb 1, 1990Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  5. Nov 16, 1989Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  6. Jun 7, 1989Committee

    Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 101-621.

    Judiciary Committee
  7. Feb 23, 1989IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  8. Feb 23, 1989IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Apr 24, 199001

RICO Reform Act of 1989 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to include additional predicate offenses within the definition of "racketeering activity," such as prostitution involving minors, computer fraud, and certain activity relating to terrorist acts abroad and to exclude from such definition participation in, or support of, non-violent public speech undertaken for reasons other than economic or commercial gain.

Modifies civil remedies provisions of RICO to require U.S. district courts to find proof by a preponderance of the evidence before restraining violations.

Authorizes: (1) specified governmental entities whose business or property is injured or a department of insurance of a State that regulates distribution of funds through a guaranty fund for losses to such fund caused by the operation of an insurance entity in violation of RICO to recover threefold the actual damages to such business or property, plus costs; (2) persons whose business or property is injured by such conduct to recover actual damages, plus costs (and punitive damages of up to twice the actual damages where the plaintiff proves by clear and convincing evidence that the defendant's actions were consciously malicious, or so egregious and deliberate that malice may be implied); (3) such persons to recover threefold the actual damages if any defendant has been convicted of specified Federal or State offenses; and (4) natural persons who suffer serious bodily injury by reason of specified crimes of violence to recover actual damages to such person's business or property, damages sustained by such individual as allowed under State law (excluding pain and suffering), and costs (and, upon proof by clear and convincing evidence that defendant's actions were malicious, up to twice the actual damages). (Current law allows recovery of threefold the damages, plus costs, for persons whose business or property is injured.)

Sets forth: (1) statutes of limitation; and (2) procedures for considering affirmative defenses.

Permits international service of process. (Current law restricts such service to specified judicial districts within the United States.)

Provides for exclusive Federal jurisdiction to hear criminal or civil RICO proceedings.

Introduced in SenateFeb 23, 198900

RICO Reform Act of 1989 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to include additional predicate offenses within the definition of "racketeering activity," such as prostitution involving minors, computer fraud, and certain activity relating to terrorist acts abroad.

Modifies civil remedies provisions of RICO to require U.S. district courts to find proof by a preponderance of the evidence before restraining violations.

Authorizes: (1) specified governmental entities whose business or property is injured by conduct in violation of RICO to recover threefold the actual damages to such business or property, plus costs; (2) persons whose business or property is injured by such conduct to recover actual damages, plus costs (and punitive damages of up to twice the actual damages where the plaintiff proves by clear and convincing evidence that the defendant's actions were consciously malicious, or so egregious and deliberate that malice may be implied); (3) such persons to recover threefold the actual damages if any defendant has been convicted of specified Federal or State offenses; and (4) natural persons who suffer serious bodily injury by reason of specified crimes of violence to recover actual damages to such person's business or property, damages sustained by such individual as allowed under State law (excluding pain and suffering), and costs (and, upon proof by clear and convincing evidence that defendant's actions were malicious, up to twice the actual damages). (Current law allows recovery of threefold the damages, plus costs, for persons whose business or property is injured.)

Sets forth: (1) statutes of limitation; and (2) procedures for considering affirmative defenses.

Permits international service of process. (Current law restricts such service to specified judicial districts within the United States.)

Provides for exclusive Federal jurisdiction to hear criminal or civil RICO proceedings.

Authorizes recovery beyond actual damages to a person's business or property, where such person would not otherwise be eligible to recover costs under this Act, under specified conditions, including where the judge determines that a limitation of recovery would clearly be unjust.

RICO Reform Act of 1989 — Informed